HomeMy WebLinkAboutDocumentation_Regular_Tab 13_6/10/2021Agenda Item #13.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jun 10 2021
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Emergency Paid Sick Leave Act
Staff is recommending as of July 3rd we no longer extend the Emergency Paid Sick Leave Act (EPSL).
At the December 10, 2020 Council meeting Council agreed to let the Expanded Family Medical Leave
Act (FMLA) expire and extend the EPSL policy for an indefinite period of time until the vaccine is readily
available to our employees and their families with updated guidance from the CDC.
This additional benefit was extended by council from December to July. The termination of the policy
when deemed appropriate would be brought back to council at a regularly scheduled meeting for
consideration. The vaccine is/has been available to the employees and their families. Nearly half of our
staff have chosen to receive the vaccine.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
FITUTIMSTITHTS
Expanded Sick Leave Pay Policy Signed
Page 127 of 485
Agenda Item #13.
TITLE:
POLICY:
VILLAGE OF TEQUESTA
PERSONNEL POLICY
EXPANDED FMLA &
EMERGENCY SICK LEAVE PAY
PURSUANT TO THE FAMILIES
FIRST CORONAVIRUS RESPONSE
ACT OF 2020
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
111. Procedure
IV. Responsibilities
1. 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
L1. S. DeMrj.mrnt of Labor IDOL) on Lbf-;r wt h zi r;,- w t
hftos://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.
111. 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 COV1D-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 S 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 128 of 485
Agenda Item #13.
VILLAGE OF TEQUESTA
PERSONNEL POLICY
and dividing that sum by all hours worked
l .
Is subject to a Federal, State, or local
in the same period,
quarantine or isolation order related to
4. Employees may elect to use Village
COVID-19;
accrued leave during the initial 10 day
2.
Has been advised by a health care
unpaid period, to supplement any
provider to self -quarantine due to
difference between paid EFMLA and their
concerns related to COVID-19-,
regular rate of pay.
3.
Is experiencing COVID-19 symptoms and
E. Notice Requirements:
is seeking a medical diagnosis;
I . Notice of EFMLA shall be requested in
4.
Is caring for an individual subject to an
writing. At least onc-calendar day notice
order described in (B) I or self -quarantine
is preferred, but not required.
as described in (B)2 above;
2. Once EFMLA benefits are active, the
5.
Is caring for his or her child whose school
employee shall notify their supervisor
or place of care is closed, (or the childcare
regarding the continued need for said
provider is unavailable), due to COVID-
leave on the preceding Friday of each
19 related precautions; or
week. not later than 5:00pm.
6.
Is experiencing any other substantially-
3. This leave can be taken on an intermittent
similar condition specified by the U.S.
basis.
Department of Health and Human
F. Employment Protections:
Services.
1. An employee who completes a period of
C. Paid
Leave Provisions:
qualified EFMLA and who is able to
1.
For EPSL reasons B.1-3 above, pay will
return to full duty, perfomiing the
be at 100% of the employee's regular rate
essential functions of the position with or
of pay, capped at $511 per day and $5.110
without a reasonable accommodation, will
in the aggregate for covered reasons.
be returned to the same or equivalent
2.
For EPSL reasons B.4-6 above, pay will
position held prior to the leave with
be at 2/3 of the employee's regular rate of
equivalent pay, benefits, and terms and
pay, capped at $200 per day and $2.000 in
conditions of employment.
the aggregate for covered reasons.
2. Leave will not result in the loss of any
3.
An employee may first use EPSL before
previously accrued seniority or
using any other Village provided paid
employment benefits.
leave. The employee may also elect to use
3. Health care benefits will continue through
accrued Village leave to supplement any
an employee's leave, with employees
difference between EPSL and their regular
required to pay their portion of insurance
rate of pay.
premiums accumulated during any unpaid
4.
Regular rate of pay for full-time
or reduced pay period.
employees is based on 80 hours of work
per pay period.
Emergency Paid Sick Leave Act (EPSL)
5.
Regular- rate of pay for part-time
A. Eligibility:
employees equals the average number- of
1. A Village employee (who has not been
work hours over a six (6) month period.
exempted at A.2 below) who is scheduled
This is calculated by adding all
compensation that was part of the regular
for work but is unable to work (or work
rate of pay over the prior six months (or
remotely) due to one of the reasons listed
lesser period of time worked) and dividing
below, is covered by this benefit
that sum by all hours worked in the same
regardless of length of employment.
period
2. Emergency responders, 911 operators and
6.
Paid leave provided under EPSL does not
designated essential Utility workers are
carryover from one year to the next.
not eligible to receive Emergency EPSL.
Employees are not entitled to
B. An employee is entitled to take leave related to
reimbursement for unused EPSL upon
COVID-19 if the employee is unable to work,
termination, resignation, retirement, or
including unable to telework, because the
other separation from employment.
employee:
Page 129 of 485
Agenda Item #13.
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:
JE ALLEN, V LAGE MANAGER
TE STA, FL0RIDA
Page 130 of 485