April 27, 2020 Alert

Dear Colleagues,

We’d like to start by once again thanking you for all you’re doing to keep California functioning by protecting public health, agriculture, the environment, and California’s natural resources. CAPS is continuing the effort to ensure the Unit stays informed by providing these updates to all (member and nonmember alike). You can do your part by encouraging your colleagues to join CAPS. The more members who join, the more resources CAPS has to devote to representing and protecting the rights of State Scientists in the workplace, the legislature, the media, and, when necessary, in the courts.  

For all COVID-19-related material, CAPS now has a COVID-19-specific section of the website to enable members to easily find all the resources that have been shared regarding the State’s response and your rights. The page can be accessed here

CalHR provided guidance for all state employees on April 22, 2020, detailing what employees should continue to do with regard to COVID-19. CalHR’s original message can be found on the COVID-19 Updates for State Workers website here.

As noted in the previous CAPS Alert, certain classifications are “exempted” from the Families First Coronavirus Response Act (FFCRA). The practice is allowed under Federal Law for employees in classifications that meet the Department of Labor’s definition for “health care providers” and “emergency responders” (the definitions are listed on the Federal Department of Labor’s website here under numbers 56 and 57). CalHR has left the determination of which classifications fall under those criteria up to Departments. The most updated list of classifications excluded from FFCRA can be found here

If your Department has deemed your classification exempt from FFCRA, making you ineligible to take Expanded Paid Sick Leave Act (EPSLA) leave or Emergency Family and Medical Leave Expansion Act (E-FMLA), you may still be eligible for Administrative Time Off (ATO) or other leave pursuant to policy and guidance previously issued. Employees should consult their supervisors and Human Resources Office with questions about eligibility. Departments will consider any requests for ATO or other leave on a case-by-case basis.

CAPS is advocating on behalf of any and all members exempt from the FFCRA that they should be commensurately provided the appropriate leave time if they face similar issues as those provided for under the FFCRA. 


In Solidarity,

CAPS Executive Committee

Margarita Gordus

Daniel Ellis
Vice President

Kelley Aubushon

Kris Wiese