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
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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
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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.
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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
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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:
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- 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
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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.
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