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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: . D3 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.