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20-2205 Temporary Policy - Emergency Family and Medical Leave Expansion Act (COVID-19) CITY OF MERIDIAN RESOLUTION NO. 20-2205 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN ENACTING A TEMPORARY POLICY—EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT (COVID-19); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian has enacted a Temporary Policy on April 21, 2020 effective until December 31, 2020 — Emergency Family and Medical Leave Expansion Act (Covid-19); a copy of said policy is attached and incorporated by reference as Exhibit"A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 21st day of April, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 21 st day of April, 2020. APPROVED: Mayor Robert E. Simison ATTEST: By: Chris Johnson, City Clerk TEMPORARY POLICY-EMERGENk*'1ftfflff1tV Q1UM$'1WiN9 RFAV@ R��SWR0A{f?40cN bG1913 City of Meridian Emergency Family and Medical Leave Expansion Act (Covid-19) Temporary Policy Enacted April 21, 2020 Effective Until December 31, 2020 Subject: Emergency Family Medical Leave Expansion Act(Covid-19) Purpose: To comply with the Families First Coronavirus Response Act and to assist employees affected by the COVID-19 outbreak with job-protected leave. The City's existing FMLA leave policy still applies to all other reasons for leave outside of this policy. Policy: The City shall provide leave to eligible employees for qualified medical or family related reasons as outlined within the following procedures. All leaves under this policy will end on December 31, 2020. Authority and Responsibility: Human Resources shall be responsible for administering and interpreting this policy. Procedures and Related Information: A. Eligible Employees Any employee employed by the City of Meridian for at least 30 days. This temporary policy does not apply to Emergency Responders as defined by the Department of Labor. Requests by an emergency responder for use of this temporary policy will be evaluated on a case by case basis. B. Reason for Expanded FMLA Leave Eligible employees who are unable to work or telework due to a need to care for their child when the school or place of care has been closed, or the regular childcare provider is unavailable due to a public health emergency with respect to COVID-19. If you are unable to work or telework because you need to care for a son or daughter under the age of 18 because the child's school or place of care has been closed, or the child care provider for the child is unavailable due to a public health emergency. In order to be eligible for the EFMLA, no other suitable person (such as a co-parent or co-guardian)will be caring for the Son or Daughter during the period for which the Employee takes EFMLA. A childcare provider is anyone that receives compensation for providing childcare services on a regular basis, it doesn't need to be a formal "day care."A childcare provider can also be a family member or neighbor who has been caring for your child and but is not being paid. School is an elementary, secondary school, day care facilities, preschools,before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs. A "son or daughter" is defined by the FMLA regulations as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of TEMPORARY POLICY-EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT(COVID-19)PAGE 1 OF 3 Meridian City Council Meeting Agenda April 21,2020— Page 93 of 113 age, or is 18 years of age or older and"incapable of self-care because of a mental or physical disability" at the time FMLA leave is to commence. C. Duration of Leave Employees are entitled to take up to 12 weeks of leave to use during April 2020 through December 31, 2020 for the purpose stated above (Section B). This time is included in and not in addition to the total FMLA leave entitlement of 12 weeks in a calendar year. For example, if an employee has already taken 6 weeks of FMLA leave, that employee would be eligible for another 6 weeks of FMLA leave under this policy. While on family medical leave, the City may require that the employee periodically report his/her status and intention to return to work. Once school or childcare has resumed, you must return from work as your need for will no longer be present. You must notify the City as far in advance as possible when your child's school or place of care has or will be re-opened or if you have found other care options for your child and you can return to work. D. Pay During Expanded FMLA Leave The first two weeks days of leave is unpaid; however, employees may use any accrued vacation leave, sick leave, during this leave. The employee may also elect to use the paid leave provided under the Emergency Paid Sick Leave Act enacted April 21, 2020, effective until December 31, 2020. After the first 2 weeks days, leave will be paid at two-thirds of an employee's regular rate of pay under the Fair Labor Standards Act(FLSA) for the number hours the employee would normally been scheduled to work during the week you take leave. Pay will not exceed$200 per day, and $10,000 in total. Any unused portion of this pay will not carry over to the next year. Any employees with varying hours of work should notify human resources for a computation of number of hours to be paid. E. Employee Status and Benefits During Leave While an employee is on expanded leave, the City will continue the employee's benefits during the leave time as the same level and under the same conditions as if the employee had continued to work. While on paid leave, the City will continue to make payroll deductions to collect the employee's share of benefit contributions. During any unpaid portions of the leave, the employee may have to continue their benefit contributions by making payments directly to the City. Human resources will provide instructions if payments are necessary. F. Procedure for Requesting Leave All employees requesting Emergency Family Medial Leave must notify their supervisor and contact human resources of the need for leave as soon as practicable. Verbal notice will be accepted until such time that written notice can be provided. The employee's notice should include a brief statement as to the reason for leave, and if possible, the expected duration. Within 5 business days after the TEMPORARY POLICY-EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT(COVID-19)PAGE 2 OF 3 Meridian City Council Meeting Agenda April 21,2020— Page 94 of 113 employee has provided this notice, human resources will complete and provide the employee with the appropriate FMLA paperwork. Benefits while on Family Medical Leave Employees will be required to coordinate any available sick leave and vacation to make up the difference in salary before utilizing leave without pay. The paid leave will be counted toward the twelve (12) weeks of Emergency Family Medical Leave. Protections While on Leave: When you return from leave under this policy, we will return to the same job, or one that is nearly identical (equivalent). We will also continue your health insurance benefits while you are on leave. All questions concerning this policy should be directed to the Human Resources Director. TEMPORARY POLICY-EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT(COVID-19)PAGE 3 OF 3 Meridian City Council Meeting Agenda April 21,2020— Page 95 of 113 City of Meridian Emergency Paid Sick Leave (COVID-19) Temporary Policy enacted April 21, 2020 effective until December 31, 2020 Subject: Emergency Paid Sick Leave Purpose: To comply with the Families First Coronavirus Response Act and to assist employees affected by the COVID-19 outbreak with emergency paid sick leave. Policy: The City shall provide leave to eligible employees for qualified medical or family related reasons as outlined within the following procedures. Authority and Responsibility: Supervisors and Directors shall be responsible to ensure the appropriate administration of this policy in consultation with Human Resources. Procedures and Related Information: A. Eligible Employees Any employee employed by the City of Meridian. This temporary policy does not apply to Emergency Responders as defined by the Department of Labor. Requests by an emergency responder for use of this temporary policy will be evaluated on a case by case basis. B. Emergency Paid Sick Leave Eligibility Emergency paid sick leave is required when an employee is unable to work or telework due to: 1. You are subject to a Federal, State, or local quarantine or isolation order related to COVID- 19. This order must prevent you personally from going to work, not just a general stay at home or shelter in place order. You may not take Emergency Paid Sick Leave if the City doesn't have work for you as a result of the order or other business circumstances. 2. You have been advised by a health care provider to self-quarantine due to concerns related to COVID-19. This can be because you have, you may have, or you are particularly vulnerable to COVID-19. 3. You are experiencing symptoms of COVID-19 and are seeking medical diagnosis due to having a cough, fever, shortness of breath or other COVID-19 symptoms identified by the U.S. Centers for Disease Control and Prevention. 4. You are caring for an individual who is subject to an order as described in 1 or 2 above. You must be needed to actually care for the individual. The individual must be a person regularly living with you, an immediate family member, or similar person who you have a relationship TEMPORARY POLICY-EMERGENCY PAID SICK LEAVE(COVID-19)PAGE 1 OF 4 Meridian City Council Meeting Agenda April 21,2020— Page 96 of 113 with that creates an expectation that you would care for the person if he or she were quarantined or self-quarantined. 5. You are caring for your child because the child's school or place of care has been closed due to COVID-19 or your childcare provider is unavailable due to COVID-19 precautions. In order to be eligible under this provision, no other suitable person(such as a co-parent or co- guardian)will be caring for the child during the period you are requesting off as EPSLA. 6. You are experiencing any other substantially similar condition specified by the Secretary of Health and Human Service in consultation with the Secretary of the Treasury and the Secretary of Labor. Definitions: Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and "incapable of self-care because of a mental or physical disability" at the time Emergency Paid Sick Leave starts. A childcare provider is anyone that receives compensation for providing childcare services on a regular basis, it doesn't need to be a formal "day care."A childcare provider can also be a family member or neighbor who has been caring for your child and but is not being paid. School is an elementary, secondary school, daycare facilities,pre-schools,before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs. Once you begin leave under the first four reasons, you must continue to take paid sick leave each day until you either(1)use the full amount of paid sick leave or(2)no longer have a qualifying reason for taking paid sick leave. This means you have waited 14 days and show no symptoms of COVID-19, or you have been symptom-free (fever over 100.417, cough, shortness of breath) for 72 hours without the use of any medications to reduce fever or suppress a cough and at least 7 days have passed since symptoms first appeared. This limit is imposed because if you are sick or possibly sick with COVID-19, or caring for an individual who is sick or possibly sick with COVID-19, the intent of FFCRA is to provide such paid sick leave as necessary to keep you from spreading the virus to others. Once school or childcare has resumed, you must return from work as your need for emergency paid sick leave will no longer be present. If you intend to use Emergency FMLA to continue to be absent from work after your emergency paid sick leave has been used,you must notify Human Resources as soon as possible. Notification Requirements: If you need to use emergency paid sick leave,you need to provide us with as much notice as possible and that is practicable under the specific circumstances of your situation for requesting the leave. During emergency paid sick leave, employees are entitled to the following: TEMPORARY POLICY-EMERGENCY PAID SICK LEAVE(COVID-19)PAGE 2 OF 4 Meridian City Council Meeting Agenda April 21,2020— Page 97 of 113 - Full-time employees may receive 80 hours at their regular rate of pay for leave taken for reasons I —3 above. However, when caring for a family member(for reasons 4—6 above), leave is paid at two-thirds the employee's regular rate of pay. - Part-time employees may receive the number of hours that the employee works, on average, over a two-week period. Pay will not exceed $511 per day, and $5,110 in total where leave is taken for reasons 1 —3 above; and$200 per day, $2,000 in total where leave is taken for reasons 4 - 6 above. Compensation During Approved Leave: Full - Time Employees: If you are a full-time employee are scheduled to work 40 hours per week you will receive 80 hours of Emergency Paid Sick Leave at you regular rate of pay with the following restrictions: a. If you are absent for reasons 1, 2, or 3 above you will be paid at your regular rate of pay, up to $511 per day, up to a maximum of$5,110. b. If you are absent for reasons 4, 5, or 6 above,you will be paid at two-thirds (2/3) of your regular rate of pay, up to $200 per day, up to a maximum of$2,000. Part-Time Employees: If you work less than 40 hours per week, you will receive a prorated amount of hour of EPSLA paid at your regular rate of pay with the following restrictions: c. You will receive Emergency Paid Sick Leave hours that equal the number of hours that you work on average over a 2-week period. d. If you are absent for reasons 1, 2, or 3 above you will be paid at your regular rate of pay, up to $511 per day, up to a maximum of$5,110. e. If you are absent for reasons 4, 5, or 6 above, you will be paid at two-thirds (2/3) of your regular rate of pay, up to $200 per day, up to a maximum of$2,000. Use of Other Paid Time Off: Employees may choose to supplement the wages paid under the Emergency Paid Sick Leave to bring your paid time off up to as close to 100% of your wages as possible. C. Interaction with Other Paid Leave An employee may use emergency paid sick leave under this policy before using any other accrued paid time off for the qualifying reasons stated above. If an employee is using leave under this policy, they may use available leave to supplement their pay in order to receive 100% of their wages. An employee on expanded FMLA leave under this policy may use emergency paid sick leave during the first 14 days of normally unpaid FMLA leave. D. Procedure for Requesting Emergency Sick Leave TEMPORARY POLICY-EMERGENCY PAID SICK LEAVE(COVID-19)PAGE 3 OF 4 Meridian City Council Meeting Agenda April 21,2020— Page 98 of 113 Employees must notify their supervisor or human resources of the need and specific reason for leave under this policy. A form will be provided to all employees and verbal notification will be accepted until a written notice can be provided. (Form to be finalized today or Monday) Once emergency paid sick leave has begun, the employee and human resources will communicate and determine a reasonable and appropriate time for the employee to return to work. Paid emergency sick leave under this policy will not be provided beyond December 31, 2020. Any unused paid sick leave will not carry over to the next year or be paid out to employees. E. Job Protections and Confidentiality of Protected Health Information Any employee who appropriately utilizes emergency paid sick leave under this policy will not be subject to discharge, discipline or discriminated against for work time missed due to this leave. An infected employee's privacy shall be protected to the greatest extent possible. When quarantine is warranted, management shall share only that information determined absolutely necessary to protect the health of other employees in the workplace, but maintain confidentiality as required by state and federal law. Employees exposed to a co-worker with COVID-19 should refer to CDC guidance for how to conduct a risk assessment of their potential exposure at www.cdc.gov/coronavirus/2019-ncov. All questions concerning this policy should be directed to the Human Resources Director. TEMPORARY POLICY-EMERGENCY PAID SICK LEAVE(COVID-19)PAGE 4 OF 4 Meridian City Council Meeting Agenda April 21,2020— Page 99 of 113