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HomeMy WebLinkAboutItem 2 Date: Item No. Resolution Amending COVID-19 Leave Program Proposed Action Staff recommends adoption of the following motion: Move to amend the COVID-19 leave program to include the Families First Coronavirus Response Act “FFCRA”. Overview The City Council approved a COVID-19 Leave Program and Temporary Advance Sick Leave Program on March 16, 2020. On March 18, 2020, The Families First Coronavirus Response Act “FFCRA” was passed by and signed into law. The law is effective April 1, 2020 through December 31, 2020. There are two parts to the FFCRA. Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act. The Emergency Paid Leave Sick Act requires public employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. The Emergency Paid Sick Leave Act will run concurrent with the City’s COVID-19 Leave Program, beginning April 1, 2020. The Emergency Family and Medical Leave Expansion Act grants up to 12 weeks of job-protected leave to care for children because school has been closed or they are without childcare, due to a public health emergency. The first 10 days of leave are unpaid, the following 10 weeks are paid at no less than two- thirds of the employee’s hourly salary up to $200 per day ($10,000 in the aggregate) for the number of hours the employee would be normally scheduled to work. Primary Issues to Consider • Amending COVID-19 leave program to include the Families First Coronavirus Response Act will continue to provide a safe work environment for employees. Supporting Information • COVID-19 Program, Temporary Advance Sick Leave Program and FFCRA Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tammy Schutta, Human Resources Manager March 30, 2020 City of Lakeville Interim COVID-19 Program for Employees City of Lakeville benefit earning employees and part-time sales associates who are quarantined or have contracted COVID-19 will receive COVID-19 leave. The benefit is 100% of the employee’s regular base wage (does not include overtime, supplemental pay, equipment pay, longevity and/or other additional pay) for regularly scheduled work hours up to 14 consecutive calendar days unless otherwise determined by a medical professional. For the purpose of this benefit, holidays will be counted as a holiday and will be included in the 14-day count. Employer benefit contribution and leave accrual will continue during paid COVID-19 leave. Medical certification may be required. Employee reporting process: • If you are exposed to an individual who has contracted COVID-19 or if you feel ill, stay home and inform your supervisor immediately. Employees must use available accrued leave for this type of circumstance. • Employee is to seek medical advice to determine next steps for your situation from your medical provider. If a medical professional recommends you must be quarantined due to COVID-19 or confirms that you have contracted COVID-19, you are eligible for COVID- 19 pay as described above. • You must follow treatment recommendations and return to work information must be forwarded to Lakeville’s Human Resources division. Employees must stay home until they are free of fever (100.4 F/28oC or higher) and other symptoms, such as frequent and severe coughing for at least 24-hours without the use of medicines (e.g. aspirin/ibuprofen and cough suppressants). Source www.CDC.gov. • Non-test-based - Employees with COVID-19 who have symptoms and were directed to care form themselves at thome may discontinue home isolation under the following conditions: o At least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms (e.g., cough, shortness of breath); and, •o At least 7 days have passed since symptoms first appeared. (source: cdc.gov) • No return to the workplace can occur until you are allowed by your supervisor. A medical certification by a medical professional may be required. This temporary program is approved by the City of Lakeville City Council and is subject to change based on business needs. This program will sunset after the COVID-19 pandemic is resolved. on December 31, 2020. Formatted: Font: Minion Pro, 12 pt Formatted: Font: Minion Pro, 12 pt Formatted: Font: Minion Pro, 12 pt Formatted Formatted: Font: Minion Pro, 12 pt Formatted: Font: Minion Pro, 12 pt Temporary Advance Sick Leave Program Where employees need to use sick leave or PTO, but run out of available time, the City will advance up to 80 hours of sick leave or PTO, provided the employee provides written authorization for reimbursement to the City for the cost of the sick lease as provided in this policy . In the case of a negative leave balance, any leave taken beyond the 80 hours will be unpaid until the leave balance has been brought out of the negative. The negative leave balance will be restored with accrued leave earned each pay period (i.e. sick leave earned per pay period is 3.69 hours). If employment is terminated and the leave balance is in the negative, the employee agrees to reimburse the City of Lakeville for the cost of the sick leave or PTO advance. This temporary program is approved by the City of Lakeville City Council and is subject to change based on business needs. This program will sunset after the COVID-19 pandemic is resolved. on December 31, 2020 Formatted: Font: Minion Pro, 12 pt Formatted: Font: Minion Pro, 12 pt Families First Coronavirus Response Act (FFCRA) Purpose: The Families First Coronavirus Response Act (FFCRA) requires public employers to provider their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will apply from April 1, 2020 through December 31, 2020. Emergency Paid Sick Leave Act An employee is entitled to take emergency paid sick leave related to COVID-19 if the employee is unable to work, including unable to telework, 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); (source: DOL.gov). All employees including First Responders (Police and Fire) are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons. This leave will run concurrent with the City of Lakeville’s interim COVID-19 program. Full-time employees are paid for up to 80 hours of work. Part-time employees are required to be paid for the equivalent of two weeks of work. Leave is paid at 100% for an employee's own isolation, diagnosis or treatment, not to exceed $511 per day or $5,110 in the aggregate. Effective April 1, 2020, this policy will run concurrent with the City of Lakeville’s interim COVID-19 program. Benefited employees will be paid 100% of their regular base wage (does not include overtime, supplemental pay, equipment pay, longevity and/or other additional pay). Leave is paid at 2/3 pay for taking care of a family member, not to exceed $200 per day or $2,000 in the aggregate. An employee may elect to use accrued vacation, sick leave or paid time off for the amount of the difference between the Emergency Paid Sick Leave pay and the employee’s daily rate, not to exceed 100% of their weekly gross salary. Formatted: Font: Minion Pro, 12 pt Formatted: Font: Bold Formatted: Font color: Red Formatted: Font color: Red, Not Highlight Formatted: Font color: Red Emergency Family and Medical Leave Expansion Act (EFMLA) The Emergency Family and Medical Leave Expansion Act grants up to 12 weeks of job-protected leave to care for children because school has been closed or they are without childcare, due to a public health emergency. A “public health emergency” is defined to mean “an emergency with respect to COVID-19 declared by a federal, state, or local authority.” Employees who have been employed for at least 30 calendar days are eligible. Police and Fire Fighters are excluded from the Emergency Family and Medical Leave Expansion Act. An employee is entitled to take EFMLA related to COVID-19 if the employee is unable to work, including unable to telework, because the employee: 1. Is caring for their child whose school or place of care is closed (or childcare provider is unavailable) due to COVID-19 related reasons. 2. Is experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services. The first 10 days of the leave are unpaid. The following 10 weeks are paid at no less than two- thirds of the employee’s hourly salary up to $200 per day ($10,000 in the aggregate) for the number of hours the employee would otherwise be normally scheduled to work. An employee may elect to substitute any accrued vacation leave or paid time off for the first 10 days of unpaid leave. Leave is paid at 2/3 pay for taking care of a family member*, not to exceed $200 per day or $10,000 in the aggregate. An employee may elect to use accrued vacation leave or paid time off for the amount of the difference between the EFMLA pay and the employee’s daily rate, not to exceed 100% of the employee’s weekly gross salary. Formatted: Font: Bold Formatted: Font: Minion Pro, 12 pt Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Minion Pro, 12 pt Formatted: Font: Minion Pro, 12 pt Formatted: Font: Minion Pro, 12 pt Formatted: Font: Minion Pro, 12 pt City of Lakeville Interim COVID-19 Program for Employees City of Lakeville benefit earning employees and part-time sales associates who are quarantined or have contracted COVID-19 will receive COVID-19 leave. The benefit is 100% of the employee’s regular base wage (does not include overtime, supplemental pay, equipment pay, longevity and/or other additional pay) for regularly scheduled work hours up to 14 consecutive calendar days unless otherwise determined by a medical professional. For the purpose of this benefit, holidays will be counted as a holiday and will be included in the 14-day count. Employer benefit contribution and leave accrual will continue during paid COVID-19 leave. Medical certification may be required. Employee reporting process: • If you are exposed to an individual who has contracted COVID-19 or if you feel ill, stay home and inform your supervisor immediately. Employees must use available accrued leave for this type of circumstance. • Employee is to seek medical advice to determine next steps for your situation from your medical provider. If a medical professional recommends you must be quarantined due to COVID-19 or confirms that you have contracted COVID-19, you are eligible for COVID- 19 pay as described above. • You must follow treatment recommendations and return to work information must be forwarded to Lakeville’s Human Resources division. Employees must stay home until they are free of fever (100.4 F/28oC or higher) and other symptoms, such as frequent and severe coughing for at least 24-hours without the use of medicines (e.g. aspirin/ibuprofen and cough suppressants). Source www.CDC.gov. • Non-test-based - Employees with COVID-19 who have symptoms and were directed to care for themselves at home may discontinue home isolation under the following conditions: o At least 3 days (72 hours) have passed since recovery defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms (e.g., cough, shortness of breath); and, o At least 7 days have passed since symptoms first appeared. (source: cdc.gov) • No return to the workplace can occur until you are allowed by your supervisor. A medical certification by a medical professional may be required. This temporary program is approved by the City of Lakeville City Council and is subject to change based on business needs. This program will sunset on December 31, 2020. Temporary Advance Sick Leave Program Where employees need to use sick leave or PTO, but run out of available time, the City will advance up to 80 hours of sick leave or PTO, provided the employee provides written authorization for reimbursement to the City for the cost of the sick lease as provided in this policy . In the case of a negative leave balance, any leave taken beyond the 80 hours will be unpaid until the leave balance has been brought out of the negative. The negative leave balance will be restored with accrued leave earned each pay period (i.e. sick leave earned per pay period is 3.69 hours). If employment is terminated and the leave balance is in the negative, the employee agrees to reimburse the City of Lakeville for the cost of the sick leave or PTO advance. This temporary program is approved by the City of Lakeville City Council and is subject to change based on business needs. This program will sunset on December 31, 2020 Families First Coronavirus Response Act (FFCRA) Purpose: The Families First Coronavirus Response Act (FFCRA) requires public employers to provider their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will apply from April 1, 2020 through December 31, 2020. Emergency Paid Sick Leave Act An employee is entitled to take emergency paid sick leave related to COVID-19 if the employee is unable to work, including unable to telework, 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); (source: DOL.gov). All employees including First Responders (Police and Fire) are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons. This leave will run concurrent with the City of Lakeville’s interim COVID-19 program. Full-time employees are paid for up to 80 hours of work. Part-time employees are required to be paid for the equivalent of two weeks of work. Leave is paid at 100% for an employee's own isolation, diagnosis or treatment, not to exceed $511 per day or $5,110 in the aggregate. Effective April 1, 2020, this policy will run concurrent with the City of Lakeville’s interim COVID-19 program. Benefited employees will be paid 100% of their regular base wage (does not include overtime, supplemental pay, equipment pay, longevity and/or other additional pay). Leave is paid at 2/3 pay for taking care of a family member, not to exceed $200 per day or $2,000 in the aggregate. An employee may elect to use accrued vacation, sick leave or paid time off for the amount of the difference between the Emergency Paid Sick Leave pay and the employee’s daily rate, not to exceed 100% of their weekly gross salary. Emergency Family and Medical Leave Expansion Act (EFMLA) The Emergency Family and Medical Leave Expansion Act grants up to 12 weeks of job-protected leave to care for children because school has been closed or they are without childcare, due to a public health emergency. A “public health emergency” is defined to mean “an emergency with respect to COVID-19 declared by a federal, state, or local authority.” Employees who have been employed for at least 30 calendar days are eligible. Police and Fire Fighters are excluded from the Emergency Family and Medical Leave Expansion Act. An employee is entitled to take EFMLA related to COVID-19 if the employee is unable to work, including unable to telework, because the employee: 1. Is caring for their child whose school or place of care is closed (or childcare provider is unavailable) due to COVID-19 related reasons. 2. Is experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services. The first 10 days of the leave are unpaid. The following 10 weeks are paid at no less than two-thirds of the employee’s hourly salary up to $200 per day ($10,000 in the aggregate) for the number of hours the employee would otherwise be normally scheduled to work. An employee may elect to substitute any accrued vacation leave or paid time off for the first 10 days of unpaid leave. Leave is paid at 2/3 pay for taking care of a family member*, not to exceed $200 per day or $10,000 in the aggregate. An employee may elect to use accrued vacation leave or paid time off for the amount of the difference between the EFMLA pay and the employee’s daily rate, not to exceed 100% of the employee’s weekly gross salary.