I'd like to consultant questions regarding to how to take FFCRA leave. WA. I know the basic rules but want to know more

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Customer: Hi I'd like to consultant questions regarding to how to take FFCRA leave
JA: What state are you in? It matters because laws vary by location.
Customer: WA
JA: What steps have you taken so far?
Customer: I know the basic rules but want to know more specific how to align with my case
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Also I want to know the rules about PIP and determination process
Answered by LawEducator in 58 mins 1 year ago
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LawEducator
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202126 Satisfied customers

Jessica

Jessica

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LawEducator, Expert

Hello and welcome. I am working on your answer and will be right back!

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LawEducator, Expert

Greetings and welcome. I am reviewing your question and will respond back right away! If you get a phone call offer from the site at any time, you are welcome to accept it or pass on it (The call may carry a separate charge). Thank you for your patience.

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LawEducator, Expert

what specifically can I answer?

Customer
I wanted to check if I'm eligible for applying FFCRA family leave. And wanted to know what documentations and process I need to do in order to apply.I am a single mom with a 4 years daughter, all preschool program is not available in person and no available spots remotely in our school district. No one else can help me on take care of her, only the days she's with her dad. I have worked for my employer three years. In this case, am I eligible to apply FFCRA leave?In addition, I'm on improvement plan for 4 weeks - which has one more week left. Due to this situation, can I still apply for FFCRA family leave? I also have 3 weeks of PTO left, what is the best practice to combine FFCRA leave and PTO?Lastly, if I request for FFCRA, can employer terminated me before my request start date? Or terminate me during my PTO?
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LawEducator, Expert

I will open this for a colleague.

Customer
Hello, who did you refer to? Will she or he contact me soon?
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LawEducator, Expert

Thank you for your question and for using JustAnswer to get answers you are seeking for educational purposes only. My screen name is***** and I am pleased to assist you today.

No need to ask me if I’m here or to worry about a phone call if you don’t want one because I’m working on answering your question now and will be just as happy to type my answer as to talk.

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LawEducator, Expert

Your previous contributor left. I will be glad to assist you.

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LawEducator, Expert

Good afternoon.

Customer
Hi
Customer
Are you able to answer my questions?
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LawEducator, Expert

Hello, I am working on typing your answer, but if you would like a phone call (it is an additional fee by site rules not mine) I will be glad to do so. Yes I will and am able to answer your question

Customer
Please type your answer if we can make it clearly
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LawEducator, Expert

Sure thing,

Customer
Also, I believe I paid the phone call fee, but no phone call from previous person. So let's put it aside and focus on the questions and answers :)
Customer
Am I make my self clear on my questions and situations? Any additional info you need from me?
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LawEducator, Expert

You are clear and I am not seeing you paid any phone fee but I am typing your answer.

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LawEducator, Expert

Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work or unable to telework due to a need for leave because the employee:

  1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. has been advised by a health care provider to self-quarantine related to COVID-19;
  3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
  4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
  5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
  6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
  7. Under the FFCRA, an employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19.
Customer
The information I already known - so am I eligible for apply for FFCRA leave?
Customer
Are you still providing more answers for me?
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LawEducator, Expert

  1. So your reason would fit under #7 if you have no daycare or the child cannot get into a physical attendance program and you cannot telework.
  2. However, FFCRA your leave is limited to 12 weeks and after that time they can fire you
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LawEducator, Expert

Sorry, I am trying to type as fast as I can, I apologize if it is not fast enough for you

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LawEducator, Expert

I apologize also for not knowing what you knew since you did not tell me what you did or did not know

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LawEducator, Expert

But the short answer is yes, you should be able for leave due to your child not having suitable care or school and you not being able to telework under FFCRA.

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LawEducator, Expert

Did you have any additional questions about this?

Customer
I have one week PIP left, but I still have 3 weeks of PTO. I applied PTO from the day of my PIP end date, and my manager approved.
I'm planning to apply FFCRA leave after the PTO used up. During I'm taking PTO, are the employer able to fire me during that time?
Or should I apply for FFCRA leave first, and then take PTOs.
Customer
You mentioned "You cannot telework". But I have been working at home for six months. Am I still qualified?
Customer
Maybe we can have a phone call, which is easier? I just checked, I did pay for the phone call fee.
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LawEducator, Expert

This is a common misconception with FFCRA or any FMLA type leave, the leave is not added onto one another to have consecutive leave, it runs concurrent in most cases.

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LawEducator, Expert

  1. So your PTO would be used for some of your FFCRA after the first 80 hours.
  2. If you can telework, then you would not be entitled to the leave.
  3. As far as the phone call if you paid for it you should be able to click on the phone call link or button and it will activate on my end so I can call
Customer
It shows "the lawyer has confirmed your phone call request and will call you in a few minutes". Nothing I can do from my end
Customer
I'm so confused now.
1. For PTO, I didn't quite get what you meant?
2. Typically, I'm allowed work from home, but with a 4 years old kids at home, I'm not able to work. I believe this is the whole purpose of the FFCRA. Right? Am I still qualified?
Customer

Here is my number **************, can you call me instead?

Customer
It shows "You accepted an Expert Service Offer: Phone Call"
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LawEducator, Expert

I cannot call out except through the app. let me find out what is going on here from customer service. Thank you for your understanding and I do apologize.

  1. If you can work from home, you are not qualified, the US DOL says specifically "and you are not able to telework." If you say you cannot work at home because of your child, you can qualify then.
  2. Your PTO, that would not add 3 weeks to the FFCRA, your FFCRA protection would still only be 12 weeks total like FMLA is, it would not become 15 weeks.
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