Is the expanded FMLA leave created under EFMLA paid leave?

Yes, Expanded FMLA leave is partially paid according to specific rules under the EFMLA.

The first two weeks of Expanded FMLA leave are unpaid.  However, eligible employees may take paid sick leave, COVID-19 leave, any accrued vacation leave or personal leave to cover this two-week period.   

Following the first two weeks of Expanded FMLA leave, OSU requires that employees use all remaining accrued paid leave before qualifying for employer paid EFMLA leave.  Certain minimum leave balances can be maintained for classified and unclassified employees consistent with other protected leave reasons.  Employees taking leave are entitled to be paid for hours they were scheduled to work at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $10,000 in the aggregate (over a 10-week period).   Further information can be found at the Department of Labor’s website.

Last Modified: 
April 10, 2020