HomeMy WebLinkAbout2020-03-27-D03 Emergency Paid Sick Leave & FMLA Expansion Under FFCRA PolicyAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 27, 2020
AGENDA ITEM:Consideration of approval of a resolution approving an Emergency Sick Leave
Policy and Emergency Expansion of the Family Medical Leave Act Policy.
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The Council is asked to authorize a new Emergency Paid
Sick Leave Policy and Emergency Expansion of the Family Medical Leave
Act Policy as required under the Families First Coronavirus Response Act.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:These policies are intended to
protect the safety of the workforce and address the physical and financial well-being of those
employees personally affected by the coronavirus, COVID-19, pandemic and is not expected
to have any financial impact as all personnel costs have been previously accounted for
through the budget process.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the resolution approving the
Emergency Paid Sick Leave Policy and the Emergency Expansion of the
Family Medical Leave Act Policy.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed resolution
II. Emergency Paid Sick Leave Policy
III. Emergency Expansion of the Family Medical Leave Act Policy
PREPARED BY:Michelle Lindsay
REVIEWED BY:
.
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THE CITY OF WAUKEE, IOWA
RESOLUTION 20-
AUTHORIZING TWO POLICIES IN ACCORDANCE WITH THE FAMILIES FIRST
CORONAVIRUS RESPONSE ACT [EMERGENCY PAID SICK LEAVE POLICY AND
EMERGENCY EXPANSION OF THE FAMILY MEDICAL LEAVE ACT POLICY]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the Human Resources Director has proposed two new policies addressing the expansion
of the Family Medical Leave Act as laid out in the Families First Coronavirus Response Act
Emergency Paid Sick Leave Policy and Emergency Expansion of the Family Medical Leave Act
Policy; AND,
WHEREAS, the Emergency Paid Sick Leave Policy provides employees with up to two weeks of paid
sick time due to the impact of COVID-19; AND,
WHEREAS, the Emergency Expansion of the Family Medical Leave Act provides qualified
employees job protected paid leave up to 12 weeks to care for the employee’s child if the child’s
school or place of childcare is closed because of a public health emergency.; AND,
WHEREAS, both policies have daily and aggregate caps, dependent upon the reason for the leave;
AND,
WHEREAS, both policies are effective April 1, 2020 and are set to expire along with the Families
First Coronavirus Response Act on December 31, 2020 ; AND,
WHEREAS, the Emergency Paid Sick Leave Policy and Emergency Expansion of the Family
Medical Leave Policy are intended to protect the safety of the workforce and address the physical and
financial well-being of those employees personally affected by the coronavirus, COVID-19, pandemic.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 27th
day of March 2020, that the Emergency Paid Sick Leave policy and Emergency Expansion of the
Family Medical Leave Act policy are hereby approved and shall go into effect April 1, 2020.
BE IT FURTHER RESOLVED that the Emergency Paid Sick Leave policy and Emergency
Expansion of the Family Medical Leave Act policy for employees covered by the Collective
Bargaining Agreement with the Communications Workers of America (CWA), Local #7102, AFL-
CIO, shall also go into effect April 1, 2020, pending approval of a Memorandum of Understanding.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
EMERGENCY EXPANSION OF THE FAMILY MEDICAL LEAVE ACT POLICY
STATEMENT OF POLICY
In accordance with the families First Coronavirus response Act (FFCRA) effective April 1, 2020,
the City will grant job protected public health emergency family medical leave (paid, unpaid, or
a combination of paid and unpaid leave) to eligible employees up to 12 workweeks until
December 31, 2020 for the following qualified need related to a public health emergency:
1.The qualifying need is limited to circumstances where an employee is unable to work (or
telework) to care for the employee’s child (under 18 years of age), if the child’s school or
place of childcare is closed or the provider is unavailable because of a public health
emergency.
COVERAGE AND ELIGIBILITY
To be eligible for the public health emergency expansion of the family medical leave, an
employee must:
1.Have been on the City of Waukee payroll for 30 calendar days prior to the designated
leave.
USE OF PAID LEAVE TIME
The first ten (10) days of public health emergency family medical leave is unpaid, however, an
employee may use accrued paid leave, including emergency paid sick leave, during this time.
After the ten (10) days, employees will be paid at two-thirds the employee’s regular rate for the
hours the employee normally works. Pay is limited to $200 per day and $10,000 total per
employee.
Part time employees are paid on the average number of hours worked 6 months prior to taking
public health emergency family medical leave. Part time employees who worked less than 6
months before the need for public health emergency family medical leave are entitled to the
expectation of the average hours the employee would normally work.
The use of emergency paid sick leave, accrued sick leave, vacation leave and compensatory
time occurs simultaneously with public health emergency family medical leave and cannot be
used to extend or substitute for public health emergency family medical leave.
NOTICE REQUIREMENT
Where the necessity for public health emergency family medical leave is foreseeable, an
employee shall provide the employer with as much notice as practicable.
EMERGENCY PAID SICK LEAVE POLICY
STATEMENT OF POLICY
In accordance with the families First Coronavirus response Act (FFCRA) effective April 1, 2020,
the City will provide employees with paid sick time, through December 31, 2020, to reflect the
impact of COVID-19, to the extent the employee is unable to work (or telework) due to need for
leave because:
1.The employee is subject to a Federal, State or local quarantine order related to COVID-
19.
2.The employee has been advised by a health care provider to self-quarantine due to
concerns related to COVID-19.
3.The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
4.The employee is caring for an individual covered by 1 or 2 above.
5.The employee is caring for a son or daughter of such employee if the school or place of
care has been closed, or the childcare provider is unavailable due to COVID-19
precautions.
6.The employee is experiencing any other substantially similar condition specified by
Federal authorities.
COVERAGE AND ELIGIBILITY
An employee is immediately eligible for paid sick leave.
AMOUNT AND DURATION OF EMERGENCY PAID SICK LEAVE
Full time employees are eligible for 80 hours. Currently the FFCRA does not make exceptions for
employees like firefighters/EMS who typically have a workweek of 50 or more hours.
Part-time employees are eligible for the average number of hours worked over a two-week
period. For part time employees with varying hours, the number of hours worked per week is
based on either:
The average hours worked over the last six (6) months; or
If the employee has not worked for six (6) months, the employee’s reasonable
expectation of the number of hours he or she would work
Emergency paid sick time provided under this act does not carry over from one year to another
and is in addition to current paid leave accrual. No emergency paid sick leave will be paid to
employees terminating employment.
CALCULATION OF EMERGENCY PAID SICK LEAVE
Emergency paid sick leave is paid at the employee’s regular rate for categories 1, 2, or 3 as set
forth above (essentially the employee’s own COVID-19 related condition), capped at $511 per
day or $5,110 in aggregate.
For categories 4, 5, or 6 as set forth above (essentially caring for another and “substantially
similar condition”), two-thirds the employee’s regular rate capped at $200 per day or $2,000
aggregate. Employees may elect to make themselves whole by utilizing their accrual banks.
The employee must use any emergency paid sick leave prior to any of their own accrual banks.
**Employers of healthcare providers or emergency responders have the option to make this
leave available or decline to offer it.