HomeMy WebLinkAboutDocumentation_Regular_Tab 08_4/9/2020Agenda Item #8.
Regular Council
STAFF MEMO
Meeting: Regular Council - Apr 09 2020
Staff Contact: Merlene Reid, Director, HR & Risk Department: HR
Management
Personnel Policy Update
SUMMARY: 'I
On March 18, 2020 the Federal Families First Coronavirus Response Act was signed into law by the
President of the United States and is required to take effect on April 1, 2020. It includes the
Emergency Paid Sick Leave Act (EPSL) and the Emergency Family and Medical Leave Expansion
Act (EFMLA). This policy seeks to present the major highlights of the Act and assign responsibilities,
while providing a procedure for implementation.
Approval of new, temporary policy "Expanded FMLA & Emergency Sick Leave Pay Pursuant to The
Families First Coronavirus Response Act of 2020" (#5.7A)
Expanded FMLA & Emeraencv Paid Sick Leave Policv.ada
Page 87 of 96
Agenda Item #8.
VILLAGE OF TEQUESTA
PERSONNEL POLICY
TITLE: EXPANDED FMLA &
EMERGENCY SICK LEAVE PAY
PURSUANT TO THE FAMILIES
FIRST CORONAVIRUS RESPONSE
ACT OF 2020
POLICY: 5.7 (A)
EFFECTIVE: April 1, 2020
ENDS: December 31, 2020
PAGES:
CONTENTS: This policy consists of the
following numbered sections:
I. Purpose
II. Policy Statement
III. Procedure
IV. Responsibilities
L PURPOSE:
To comply with the Federal Families First
Coronavirus Response Act which was signed into law
by the President of the United States on March 18,
2020, and the post guidance provided by the
questions, answers and clarifications provided by the
U.S. Department of Labor (DOL) on their website at
https://www.dol. gov/agencies/whd/pandemic/ffcra-
questions.
II. POLICY STATEMENT:
The Act includes the Emergency Family and Medical
Leave Expansion Act (EFMLA) and Emergency Paid
Sick Leave Act (EPSL) effective April 1, 2020.
A. The requirements of these Acts are provided in
addition to any existing Village leave benefits
in place.
B. The provisions of this policy in its entirety will
sunset on December 31, 2020, along with any
temporary, internal leave benefits enacted by
the Village to address those employees who
are excluded from the EFMLA and EPSL.
C. These benefits may be requested when an
employee is unable to work (or work
remotely) for one or more of the qualifying
events identified herein.
D. The Village will not discharge or otherwise
take retaliatory and/or discriminatory action
against any employee who is granted leave and
receives benefits in accordance with this
policy.
E. The paid leave benefits described herein are
required per Federal law and considered an
unfunded mandate for the Village.
F. The Village reserves the right to obtain
documentation for leave(s) requested as
necessary.
III. PROCEDURE:
Emergency Family and Medical Leave Expansion
Act (EFMLA)
A. Any EFMLA provided is related to, and shall
count towards any leave taken under the
current Family Medical Leave Act in place,
prior to the enactment of the Emergency
FMLA.
B. Eligibility:
1. Eligible employee means an employee
(who has not been exempted at B.2
below) who has been employed for at
least 30 calendar days by the Village,
regardless of employment type.
2. Emergency responders, 911 operators and
designated essential Utility workers are
not eligible to receive Emergency FMLA.
C. Qualifying Reason (a Public Health
Emergency with respect to COVID-19
declared by a Federal, State, or local authority)
where:
1. an employee is unable to work (or remote
work) due to a need to care for a child
under the age of 18 years if the child's
school or place of care has been closed, or
the childcare provider (as defined by the
Federal EFMLA) of such child is
unavailable, due to a public health
emergency related to COVID-19.
D. Leave Provisions:
1. Unpaid leave for initial 10 days.
2. After 10 days, employees can receive up
to 10 weeks of paid EFMLA at 2/3 their
regular rate of pay (capped at $200 per
day and $10,000 in aggregate).
3. Regular rate of pay for full-time
employees is based on 80 hours of work
per pay period. Regular rate of pay for
part-time employees equals the average
number of work hours over a six (6)
month period. This is calculated by adding
all compensation that was part of the
regular rate of pay over the prior six
months (or lesser period of time worked)
Page 88 of 96
Agenda Item #8.
VILLAGE OF TEQUESTA
PERSONNEL POLICY
and dividing that sum by all hours worked
in the same period.
4. Employees may elect to use Village
accrued leave during the initial 10 day
unpaid period, to supplement any
difference between paid EFMLA and their
regular rate of pay.
E. Notice Requirements:
1. Notice of EFMLA shall be requested in
writing. At least one -calendar day notice
is preferred, but not required.
2. Once EFMLA benefits are active, the
employee shall notify their supervisor
regarding the continued need for said
leave on the preceding Friday of each
week, not later than 5:00pm.
3. This leave can be taken on an intermittent
basis.
F. Employment Protections:
1. An employee who completes a period of
qualified EFMLA and who is able to
return to full duty, performing the
essential functions of the position with or
without a reasonable accommodation, will
be returned to the same or equivalent
position held prior to the leave with
equivalent pay, benefits, and terms and
conditions of employment.
2. Leave will not result in the loss of any
previously accrued seniority or
employment benefits.
3. Health care benefits will continue through
an employee's leave, with employees
required to pay their portion of insurance
premiums accumulated during any unpaid
or reduced pay period.
Emergency Paid Sick Leave Act (EPSL)
A. Eligibility:
1. A Village employee (who has not been
exempted at A.2 below) who is scheduled
for work but is unable to work (or work
remotely) due to one of the reasons listed
below, is covered by this benefit
regardless of length of employment.
2. Emergency responders, 911 operators and
designated essential Utility workers are
not eligible to receive Emergency EPSL.
B. An employee is entitled to take leave related to
COVID-19 if the employee is unable to work,
including unable to telework, because the
employee:
1. Is subject to a Federal, State, or local
quarantine or isolation order related to
CO VID-19;
2.
Has been advised by a health care
provider to self -quarantine due to
concerns related to COVID-19;
3.
Is experiencing COVID-19 symptoms and
is seeking a medical diagnosis;
4.
Is caring for an individual subject to an
order described in (B)1 or self -quarantine
as described in (B)2 above;
5.
Is caring for his or her child whose school
or place of care is closed, (or the childcare
provider is unavailable), due to COViD-
19 related precautions; or
6.
Is experiencing any other substantially -
similar condition specified by the U.S.
Department of Health and Human
Services.
C. Paid
Leave Provisions:
1.
For EPSL reasons B. 1-3 above, pay will
be at 100% of the employee's regular rate
of pay, capped at $511 per day and $5,110
in the aggregate for covered reasons.
2.
For EPSL reasons B.4-6 above, pay will
be at 2/3 of the employee's regular rate of
pay, capped at $200 per day and $2,000 in
the aggregate for covered reasons.
3.
An employee may first use EPSL before
using any other Village provided paid
leave. The employee may also elect to use
accrued Village leave to supplement any
difference between EPSL and their regular
rate of pay.
4.
Regular rate of pay for full-time
employees is based on 80 hours of work
per pay period.
5.
Regular rate of pay for part-time
employees equals the average number of
work hours over a six (6) month period.
This is calculated by adding all
compensation that was part of the regular
rate of pay over the prior six months (or
lesser period of time worked) and dividing
that sum by all hours worked in the same
period
6.
Paid leave provided under EPSL does not
carryover from one year to the next.
Employees are not entitled to
reimbursement for unused EPSL upon
termination, resignation, retirement, or
other separation from employment.
2
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Agenda Item #8.
VILLAGE OF TEQUESTA
PERSONNEL POLICY
Where an employee does not meet any of these
six criteria, but wishes to remain out for
personal COVID-19 related reasons, the
employee may utilize accrued leave banks to
remain in a paid status. Where the employee
has no available leave, he/she may go negative
in their sick leave banks, up to a maximum of
80 hours, which will be recouped on a bi-
weekly basis as earned. Sick leave sharing and
Leave of Absence will also be considered in
accordance with those policies.
D. Notice Requirements:
1. Prior notice of the need for leave of at
least one calendar day is preferred, but not
required.
2. Once EPSL benefits are being paid, the
employee shall notify their supervisor
regarding the continued need for said
leave on the preceding Friday of each
week, not later than 5:00pm.
3. This leave can be taken on an intermittent
basis.
IV. RESPONSIBILITIES:
The Director, HR and Risk Management is
responsible for the administration of this policy.
Department heads and their designees are responsible
for reviewing and ensuring the proper leave request
and time -sheet designations.
APPROVAL:
JEREMY ALLEN, VILLAGE MANAGER
TEQUESTA, FLORIDA
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