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HomeMy WebLinkAboutAdministrative Order 2020-05 Guidance for Employees and City Officials Regarding COVID-19 Appendix A Family First Coronavirus Response Act Emergency Paid Sick Leave Act (EPSL) Re: Family First Coronavirus Response Act (FFCRA): The novel coronavirus (COVID-19) pandemic has developed into a public health emergency throughout the United States and in Montana. The health and well-being of our employees and community members is our top priority. The U.S. Senate passed the Families First Coronavirus Response Act (H.R. 6201) on March 18, 2020, and the law is effective April 1, 2020. The FFCRA requires certain employers, including the City of Bozeman, to provide eligible employees with paid sick leave for specified reasons related to COVID-19. The following describes the expanded benefits and process for applying the FFCRA’s employer-paid sick leave provisions. Eligible Employees All permanent employees in an active assignment status at the time of the qualifying need to use leave are eligible for emergency paid sick leave pursuant to the FFCRA, unless otherwise excluded. There is no waiting period for EPSL; it is immediately available to all probationary and permanent employees. Emergency Responders Employers of an employee who is a healthcare provider or an emergency responder may elect to exclude such employee from eligibility for the employer-paid sick leave provided by the FFCRA. To ensure our essential services are operational, the City of Bozeman’s emergency responders listed below are not eligible to use EPSL for qualifying reason (5) listed below. • Police • Fire • Solid Waste Division • Water Reclamation Facility • Water Treatment Plan Emergency Paid Sick Leave provides employer paid sick time “to the extent the employee is unable to work (or telework) due to a need for leave because of any of these qualifying reasons: (1) The employee is subject to a Federal, State or local quarantine or isolation order related to COVID-19. (A Shelter in Place order does not qualify as a quarantine or isolation.) (2) The employee has been advised by a healthcare 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 who is subject to an order described in (1) or self-quarantine (2). (5) The employee is caring for a son or daughter whose school or childcare provider is closed or unavailable for reasons related to COVID-19. (Emergency responders are excluded from this qualification (6) The employee is experiencing “any other substantially similar condition” specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor. Shelter in Place Order: Precautionary protective orders, including shelter in place orders, are not a qualifying reason for EPSL benefits set forth in the FFCRA. The FFCRA states that: "An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID- 19 . . ." The Centers for Disease Control and Prevention ("CDC") defines quarantine and isolation as: • Quarantine: "[S]eparating and restricting the movement of individuals who are reasonably believed to have been exposed to a communicable disease, but are not yet ill." • Isolation: "[S]eparating and restricting the movement of individuals who have been exposed to a communicable disease and are symptomatic from those who are not sick." Number of Hours Employees who are regularly scheduled for shifts of 40 hours per week are eligible to receive 80 hours of EPSL. Part-time employees are eligible to receive paid sick leave based on the average number of hours per week the employee would normally be scheduled. Calculation of Pay For leave reasons (1), (2), or (3): You are entitled to pay at your regular hourly rate, up to $511 per day and $5,110 in the aggregate (over a 2-week period). For leave reasons (4), (5), or (6): You are entitled to pay at 2/3 your regular hourly rate, up to $200 per day and $2,000 in the aggregate (over a 2-week period). Notice and Documentation Employees who meet the qualifying need should complete the EPSL - Request Form. Email the completed form and any supporting documentation to: HumanResources@bozeman.net and to their supervisor. The eligibility and administration of the EPSL is determined and managed by Human Resources. Human Resources will respond by email to the employee and the supervisor listed on the form regarding approval status and how to code for payroll. Carry-over and Expiration EPSL does not accrue year after year, nor is it payable upon separation of service. Unless extended, this policy expires on December 31, 2020, in accordance with the FFCRA. Emergency Paid Sick Leave (EPSL) REQUEST FORM The U.S. Senate passed the Families First Coronavirus Response Act (FFCRA) on March 18, 2020 and the law is effective April 1, 2020. Unless extended, this policy expires December 31, 2020. Permanent employees who are regularly scheduled for shifts of 40 hours per week are eligible to receive 80 hours of emergency paid sick leave. Part-time employees’ eligible hours are prorated. Calculation of pay is based on EPSL request reason. For leave reasons (1), (2), or (3): You are entitled to pay at your regular hourly rate, up to $511 per day and $5,110 in the aggregate (over a 2-week period). For leave reasons (4), (5), or (6): You are entitled to pay at 2/3 your regular hourly rate, up to $200 per day and $2,000 in the aggregate (over a 2-week period). (See Administrative Order 2020-05 for full details) Communication will be done electronically regarding approval and/or additional information required. Email completed form & any supporting documents to Human Resources: HumanResources@bozeman.net. HumanResources@bozeman.net (All fields required for processing) Employee Name: Employee Phone #: Employee Email (required): Hire Date: Dept/Division: Employee Title: Your Supervisor’s name: Reason for EPSL Request (mark box) and Begin Date: Emergency Paid Sick Leave provides paid sick time to the extent the employee is unable to work (or telework) due to a need for leave because of any of these qualifying reasons: (1) The employee is subject to a Federal, State or local quarantine or isolation order related to COVID-19.(A Shelter in Place order does not qualify as a quarantine or isolation) (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 seeking a medical diagnosis. (4) The employee is caring for an individual who is subject to an order described in (1) or self-quarantine (2). (5)The employee is caring for a child whose school or childcare provider is closed or unavailable forreasons related to COVID-19, and no other suitable person is available to care for the child. (6) The employee is experiencing “any other substantially similar condition” specified by the Secretary of Health andServices in consultation with the Secretary of the Treasure and the Secretary of Labor. Documentation of your qualification for EPSL: Reason (1) or (2): Provide name of the government entity that issued the order, or name of healthcare provider who advised you to self-quarantine. Reason (4): provide name, age and relationship of the individual and name of government entity or healthcare provider Reason (5): provide name and age of child(ren), along with school or daycare they attend Additional comments: I acknowledge that I am unable to work (or telework) for my City of Bozeman position. I acknowledge that this request is not valid until Human Resources approves it. I also acknowledge, I will communicate electronically any changes to this request ASAP to Human Resources at HumanResources@bozeman.net. Lastly, I acknowledge that Human Resources will respond to this request using the email I have provided. Employee’s Electronic Signature Date v 5.28.20 EMERGENCY Family Medical Leave Act (EFMLA) REQUEST FORM The U.S. Senate passed the Families First Coronavirus Response Act (FFCRA) on March 18, 2020 and the law is effective April 1, 2020. Unless extended, this policy expires December 31, 2020. All permanent employees, who have worked for the City for 30 calendar days prior, in an active assignment status at the time of the qualifying need are eligible, unless otherwise excluded. The first 10 days (80 hours) of EFMLA leave under the new qualifying need are unpaid. The employee may elect to use other accrued leave (sick, vacation, comp, or personal day) to receive pay during those 10 days. However, employee may take their 80 hours of EPSL for the first 10 days of EFMLA – they run concurrently if used for school/childcare closures under EPSL. After the first 10 days (80 hours) of EFMLA leave under the new qualifying need, an employee will receive paid leave in an amount equal to 2/3 of the employee’s regular hourly rate. Pay is capped at $200 per day and $10,000 in aggregate per employee. Part-time employee’s pay is based on the average number of hours employee would normally be scheduled to work per week. (See Administrative Order for full details) Communication will be done electronically regarding approval and/or additional information required. Email completed form & any supporting documents to Human Resources: HumanResources@bozeman.net. (All fields required for processing) Employee Name: Employee Phone #: Employee Email (required): Hire date: Dept/Division: Employee Title: Your Supervisor’s name: FFCRA added a Qualifying Need Related to a Public Health Emergency to the existing FMLA list of qualifying events or needs: “The employee is unable to work (or telework) due to the need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the childcare provider of such son or daughter is unavailable, due to a public health emergency.” Request Begin Date: Is your leave request: Continuous OR Intermittent (if intermittent, describe below planned intermittent schedule) Documentation Required: Full name & age of your child(ren) and what school/daycare they attend Additional comments: I acknowledge that I am unable to work (or telework) for my City of Bozeman position. I acknowledge that this request is not valid until Human Resources approves it. I also acknowledge, I will communicate electronically any changes to this request ASAP to Human Resources at HumanResources@bozeman.net. Lastly, I acknowledge that Human Resources will respond to this request using the email I have provided. Employee’s electronic signature Date Est. End Date: I alone am caring for my child(ren) during this EFMLA request period : YES NO v1 5.28.20 Appendix B Family First Coronavirus Response Act Emergency Family and Medical Leave Act Expansion (EFMLA) Re: Family First Coronavirus Response Act (FFCRA): The novel coronavirus (COVID-19) pandemic has developed into a public health emergency throughout the United States and in Montana. The health and well-being of our employees and community members is our top priority. The U.S. Senate passed the Families First Coronavirus Response Act (H.R. 6201) on March 18, 2020, and the law is effective April 1, 2020. This law provides for an expansion in benefits under the Family and Medical Leave Act (FMLA). The following describes the expanded benefits and process for applying the FFCRA’s expanded family and medical leave provisions. Eligible Employees All permanent employees, who have worked for the City for 30 calendar days prior, in an active assignment status at the time of the qualifying need are eligible, unless otherwise excluded. Emergency Responders Employers of an employee who is a healthcare provider or an emergency responder may elect to exclude such employee from the EFMLA. To ensure our essential services are operational, the City of Bozeman’s emergency responders listed below are not eligible for the new Qualifying Need Related to a Public Health Emergency under FMLA. All other FMLA requirements still apply in accordance with the City’s FMLA Policy. • Police • Fire • Solid Waste Division • Water Reclamation Facility • Water Treatment Plant Added Qualifying Event The FFCRA has added a Qualifying Need Related to a Public Health Emergency to the FMLA list of qualifying events or needs: • “The employee is unable to work (or telework) due to the need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the childcare provider of such son or daughter is unavailable, due to a public health emergency.” Paid Leave The first 10 days (80 hours) of EFMLA leave under the new qualifying need are unpaid. The employee may elect to use other accrued leave (sick, vacation, comp, or personal day) to receive pay during those 10 days. However, employee may take their 80 hours of EPSL for the first 10 days of EFMLA – they run concurrently if used for school/childcare closures under EPSL. After the first 10 days (80 hours) of EFMLA leave under the new qualifying need, an employee will receive employer paid leave in an amount equal to 2/3 of the employee’s regular hourly rate. Pay is capped at $200 per day and $10,000 in aggregate per employee. Part-time employee’s pay is based on the average number of hours employee would normally be scheduled to work per week. Intermittent Leave Intermittent leave may be allowed; however, leave needs to be taken in full day increments. Notice and Documentation Employees who meet the qualifying need should complete the EFMLA - Request Form. Email the completed form and any supporting documentation to: HumanResources@bozeman.net and to their supervisor. The eligibility and administration of the EFMLA is determined and managed by Human Resources. Human Resources will respond by email to the employee and the supervisor listed on the form regarding approval status and how to code for payroll. Interplay with regular FMLA At the time of this writing, this is not an additional 12 weeks of FMLA. Your rights under FMLA and the City of Bozeman policy allow 12 weeks of job-protected leave in a “rollback” 12-month period. Expiration Unless extended, this policy expires on December 31, 2020, in accordance with the FFCRA.