Union Points to Problems with Emergency Leave Implementation
Federal employee unions are taking issue with procedures in place at some agencies for obtaining access to Emergency Paid Sick Leave granted to federal employees under the Emergency Paid Sick Leave Act (EPSLA). Under EPSLA, all federal employees meeting certain coronavirus-related circumstances are eligible for up to 80 hours of emergency paid sick leave starting April 1.
Payroll codes needed to request and calculate leave payments under EPSLA are still unavailable at the Social Security Administration (SSA). Therefore, in late May, SSA announced new procedures for allowing employees to request emergency paid leave via a paper waiver. Employees must meet certain requirements to take leave and may only qualify for two-thirds of their normal pay depending on the circumstances.
By signing the paper waiver, SSA employees must acknowledge they may be initially overpaid for EPSLA and the agency will not waive overpayments, but rather require them to be paid back.
Unions have expressed concern that this approach provides employees with a disincentive for taking leave.
In a grievance against the agency, the American Federation of Government Employees (AFGE) National Council of SSA Field Operations Locals argues, “The Administration’s failure to implement the CARES ACT timely intentionally cause bargaining unit employees (“BUE”) to incur debts that are required to be repaid to the SSA, which unlawfully discourages BUE participation in the emergency sick leave program.”
AFGE Council leaders have noted that resolving overpayment issues is often a long and complex process for both the employee and the agency.
According to reports by Federal News Network, the Interior Business Center, SSA’s payroll provider, said in May that all of its customers can use EPSLA, though agencies must use an interim process to properly code employees’ time sheets to account for the leave. The National Treasury Employees Union told Federal News Network in May that the proper payroll codes for emergency paid sick leave may not be ready until July.
