Fri, 05/07/2021
On April 29, 2021, the Office of Personnel Management (“OPM”) provided more information regarding the emergency paid leave for federal employees included in the American Rescue Plan of 2021 (“ARP”). For more information on which federal workers are covered by this new emergency paid leave, visit https://www.mselaborlaw.com/news/american-rescue-plan-act-2021-provides-additional-emergency-leave-federal-employees.
The new guidance explains how federal agencies can seek reimbursement from the $570 million fund created by ARP for emergency paid leave taken between March 11 and September 30, 2021, and confirms that – once the fund is exhausted – federal workers will have no right to the emergency paid leave it provides. Because the guidance provides that agencies cannot submit for reimbursement until the employee has actually taken the emergency paid leave, OPM has ordered that employees seeking emergency paid leave must be notified that their eligibility is tentative and conditional upon available funds, and agree to substitute other paid leave or paid time off (including administrative leave if granted by the employer), or to be placed in paid time off and voluntarily reimburse their employer for the resulting overpayment. OPM indicated that – if the fund nears exhaustion – requests will be processed on a “first-come, first-served” basis.
OPM also provided templates for agencies to use in developing forms for employees to request COVID-19 emergency paid leave, and the agreements described above.
The full guidance is available at https://www.chcoc.gov/content/covid-19-emergency-paid-leave.
For MSE’s full coverage of the coronavirus pandemic, visit https://www.mselaborlaw.com/resources/coronavirus-information.
