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HomeMy WebLinkAboutResolutions - No. 2020-96RESOLUTION NO. 2020-96 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING A NEW POLICY: FAMILIES FIRST CORONAVIRUS RESPONSE ACT (HR 6201) WHEREAS, on March 18, 2020, President Donald Trump signed the Families First Corona Virus Response Act into law (HR 6201), providing emergency paid sick leave benefits for eligible employees and expanding the Family Medical Leave Act; and WHEREAS, this law became effective April 1, 2020 and expires on December 31, 2020, and is related specifically to the Coronavirus Pandemic; and WHEREAS, the U.S. Department of Labor (DOL) allows agencies to exclude certain job classifications identified as "health care providers" or "emergency responders" from paid leave under the Families First Coronavirus Response Act (FFCRA); and WHEREAS, the City of Lodi has reviewed its employment rolls and identified the job classifications considered "emergency responders" based on the DOL guidelines and will be excluded from paid leave under FFCRA as listed in Attachment A; and WHEREAS, the City of Lodi, in accordance with HR 6201, has amended the City of Lodi Administrative Policy and Procedures Manual by adding a new policy: Families First Coronavirus Response Act. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve a new policy: Families First Coronavirus Response Act. Dated: May 6, 2020 ------------------------------------------------------------------ ------------------------------------------------------------------ I hereby certify that Resolution No. 2020-96 was passed and adopted by the Lodi City Council in a regular meeting held May 6, 2020 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2020-96 CITY OF LODI ADMINISTRATIVE POLICIES MANUAL SUBJECT: FAMILIES FIRST CORONAVIRUS RESPONSE ACT — (HR 6201) DATE ISSUED: April 1, 2020 — December 31, 2020 SECTION 1: PURPOSE The Families First Coronavirus Response Act (the Act) was passed on March 18, 2020 in response to the Coronavirus (COVID-19) pandemic. The Act approves two provisions designed to help reduce the impact of the virus on families. These provisions include the Emergency Family Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA). These provisions are in effect April 1, 2020 and remain in effect until December 31, 2020. Except as provided for in Section 13, full and part-time employees who have worked for the City of Lodi for at least 30 calendar days are eligible for Emergency Family Medical Leave Expansion Act (EFMLEA) if they are unable to work or telework to take care of their minor children in the event of a school closure or if their childcare provider is unavailable due to COVID-19. Full and part-time employees, except as noted in Section 13, regardless of how long they have been employed with the agency are eligible for paid leave under the Emergency Paid Sick Leave Act (EPSLA) for qualifying reasons. SECTION 2: EFFECTIVE DATES Effective April 1, 2020 through December 31, 2020. SECTION 3: AMOUNT OF LEAVE UNDER EFMLEA Eligible employees have the right to take up to 12 weeks of job - protected EFMLEA leave. Employees who have already used some or all of their 12 weeks of FMLA leave, for another qualifying reason, are not eligible to take an additional 12 weeks of FMLA/EFMLEA. The Act added another qualifying reason for leave and did not provide an additional 12 weeks of leave. Employees may be eligible for a pro -rated amount of leave dependent on FMLA usage within the 12 rolling months prior to the EFMLEA request. Employees who use 12 weeks of leave under EFMLEA may be eligible for additional leave under the California Family Rights Act CFRA for another Page 1 of 10 qualified event (note: CFRA does not provide leave to care for children as provided under the EFMLEA and described in Section 4). SECTION 4: QUALIFYING REASONS FOR EFMLEA LEAVE Leave shall be granted for up to 12 weeks to care for the employee's son or daughter under 18 years of age if their school or place of care has been closed or their childcare provider of such son or daughter is unavailable, due to a public health emergency. Public health emergency means an emergency with respect to COVID-19 declared by a Federal, State, or local authority. SECTION 5: UNPAID LEAVE FOR INITIAL TEN WORKING DAYS The initial fourteen days of leave (ten working days) may consist of unpaid leave. However, an employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for unpaid leave during the initial fourteen days of leave. The employee may also elect to substitute the two weeks of unpaid leave with the paid sick leave provided under the Emergency Paid Sick Leave Act, or any other leave accrual available to the employee. The City may not require an employee to substitute accrued leave during the initial fourteen days of leave. SECTION 6: PAID LEAVE FOR SUBSEQUENT DAYS From the eleventh working day of leave the employee will be paid two-thirds of the employee's regular rate of pay (as determined under section 7(e) of the Fair Labor Standards Act of 1938) for the number of hours the employee would otherwise be normally scheduled to work during the leave time up to $200 per day up to a total of $10,000. Employees who work less than full-time are entitled to pay based on two-thirds of their regular pay based on the number of hours they would have otherwise been scheduled to work during the time they are taking leave. In the case of an employee whose schedule varies from week to week to such an extent that an employer is unable to determine with certainty the number of hours the employee would have worked if the employee had not taken leave, the employer must use the following criteria: 1. A number equal to the average number of hours that the employee was scheduled per day over the 6 -month period ending on the date on which the employee commences leave, including hours for which the employee took any type of paid leave; or 2. If the employee did not work over the preceding 6 -month period, the reasonable expectation of the employee at the time of hiring of Page 2 of 10 the average number of hours per day that the employee would normally be scheduled to work. SECTION 7: DEFINITIONS FOR PURPOSES OF PUBLIC HEALTH EMERGENCY LEAVE UNDER EFMLEA A. Eligible Employee: The term 'eligible employee' means an employee who has been employed for at least 30 calendar days by the employer. B. Child: One for whom the employee has actual day-to-day responsibility for care and includes a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, or a son or daughter of person standing in loco parentis, who is under 18 years of age, or who is 18 years of age or older who is incapable of self-care because of a mental or physical disability. C. Parent: A biological, foster, or adoptive parent, a stepparent of the employee, parent -in-law of the employee, parent of a domestic partner of the employee, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. D. Public Health Emergency: The term `public health emergency' means an emergency with respect to COVID-19 declared by a Federal, State, or local authority. E. Child Care Provider: The definition of "child care provider" includes a center -based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that is licensed, regulated or registered under state law. It also includes a family member (e.g. grandparent) or friend (e.g. neighbor) who regularly cares for the employee's child, even if that person is not licensed or paid for providing the child care services. F. School: The term `school' means an `elementary school' or `secondary school' as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965. SECTION 8: RESTORATION TO POSITION An employee who takes EFMLEA shall be restored to the position of employment held by the employee when the leave commenced; or, will be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Page 3 of 10 SECTION 9: HEALTH BENEFITS Health benefits coverage will continue during the leave at the level and under the conditions coverage is provided prior to the leave. An employee may be required to reimburse the City for the premiums paid by the City during the leave if the employee fails to return to work from the leave for a reason other than the continuation, recurrence or onset of a serious health condition that would entitle the employee to leave, or other circumstances beyond the employee's control. SECTION 10: NOTICE SECTION 11: When foreseeable, an employee shall provide the employer with such notice of leave as is practicable. DOCUMENTATION Employees requesting EFMLEA shall complete the request for leave form and attach any documentation received from their qualified child's school or daycare provider indicating closure and the anticipated period of closure. In the event of a medical emergency where the employee is unable to provide the form prior to initiating leave, such form shall be submitted as soon as reasonably practicable. Documentation shall be submitted to Human Resources via email at hrdeptQ,1odi; qov. SECTION 12: EMERGENCY PAID SICK LEAVE ACT (EPSLA) The Emergency Paid Sick Leave Act (EPSLA) provides up to 80 hours of paid leave and is in addition to any other leave accrued including the Special COVID Leave Bank created by the City in March of 2020. The emergency leave expires on December 31, 2020 and does not carry over to the next calendar year. All employees are eligible for Emergency Paid Sick Leave regardless of how long they have been employed by the City of Lodi if one of the following apply: The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19. "Quarantine or Isolation Order" includes containment, shelter -in-place or stay-at-home orders issued by any federal, state, or local government. This includes advisement of categories of citizens (e.g. of certain age ranges or of certain medical conditions) to shelter -in-place, stay at home, isolate or quarantine. 2. The employee has been advised by a health care provider to self - quarantine due to concerns related to COVID-19. Page 4 of 10 3. The employee is experiencing symptoms of COVID-19 and is seeking a diagnosis. 4. The employee is caring for an individual under quarantine or isolation order, or advised by a health care professional to self - quarantine. 5. The employee is caring for a child due to school closure or unavailability of the child's care provider due to COVID-19. 6. The employee is "experiencing any substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and Secretary of Labor." For leave taken under paragraphs (1), (2), or (3), full time employees are entitled to 80 hours of paid leave at their regular rate of pay, subject to a $511 per day and $5,110 aggregate cap. Part-time employees are entitled to paid leave for the average number of hours worked over a 2 -week period at their regular rate of pay, subject to the same cap, For leave taken under paragraphs (4), (5), or (6), full time employees are entitled to 80 hours of paid leave at 2/3 their regular rate of pay, subject to a $200 per day and $2,040 aggregate cap. Part-time employees are entitled to paid leave for the average number of hours worked over a 2 -week period at 2/3 their regular rate of pay, subject to the same cap. Employees are not required to use other available paid leave (such as leave accruals available to the employee) before using sick leave under EPSLA. Employees are not required to find replacements to cover their duties during use of leave. Employees will not be discharged or discriminated against by any employee for requesting or taking paid sick leave under the EPSLA. Employees may elect to use accrued leave from any leave bank source to supplement the 2/3rds regular rate being paid while on EPSLA under reasons (4), (5), or (6). SECTION 13: COVERED EMPLOYEES This policy applies to all employees. In accordance with the FFCRA, the City may deny EFMLEA or EPSLA leave if the employee is an Emergency Responder whose services are necessary for emergency response operations. Page 5 of 10 Certain health care providers and emergency responders are excluded from the definition of eligible employee under section 110(a)(1)(A) of the EFMLEA. However the City will exercise its sole and complete discretion to grant leave consistent with this policy to the emergency responders, under its pre-existing leave programs only on the same terms as provided in this policy consistent with its ability to achieve the mission of each emergency responders department mission. The City has reviewed its employment rolls and concluded that all employees in the attached document are exempt because they are all called on to respond to emergencies and are all required to be trained to respond to emergencies as laid out in the attached training memorandum. For the purposes of employees who may be excluded from paid sick leave or expanded family and medical leave by their employer under the FFCRA, an emergency responder is an employee who is necessary for the provision of transport, care, health care, comfort, and nutrition of such patients, or whose services are otherwise needed to limit the spread of COVID-19. This includes, but is not limited to, military or national guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility. This also includes any individual that the highest official of a state or territory, including the District of Columbia, determines is an emergency responder necessary for that state's or territory's or the District of Columbia's response to COVID-19. Page 6of10 CITY OF LODI FIRE DEPARTMENT MEMORANDUM TO: Blair King FROM: Michael Pretz DATE. September 7, 2006 SUBJECT- NIMS Tragi In ord-er for the City of Lodi to contimae to recei%T, Homeland Secatity Grant fiords and State of California funding for varions projects, the Governor's Office of Emergency Senices has ordered all municipalities to complete SEMS and. NNIS training. As you will recall, we brouglit this to the department heads attention during the April EOC training session- We have tuttil October 6. 2006 to complete this training. Fortunately, the tra1� sessions are relatively vinple and straightforwarcd After reviewing the NIMS Training matrix, I believe the fullotiving groups of city employees should ga ttuotagh the various ICS (Incident Command System) series SEMS (Standardized Emergency Management System) NNIS National Incident Management System SEMS Executive, ICS 4012, NBIS (IS 700), NBI5 (IS Y). Council Members, City Manager, Deputy City Manager. City Attorney, Deputy City Attorney. City Clerk_ Deputy City Clerk SENIS Intra., SF fS EDC, ICS 100, ICS 200, P,01S 700, NJAIS 800, ICS 300, ICS 400 Department Heads, Second le%vl supervisors (deputy DK etc). anyone who may take a department heads place in the EOC. SEMS Intro., SEMS EIEC, ICS 100, ICS 200, ICS 300, N'WS 700, VII►IS 800 All field supenisors SEMS Intro., SEATS EOC, ICS 100, ICS 100, ItiUIS 700 Support Staff, HR Staff SEAR Intro., ICS 100, NWS 700 All employees who maybe tasked, directed or called upoii. for an emergency. As I understand State of California requirements for disaster workers, any city employee can be tasked Wath emergency responsibilities during a disaster, therefore, every city employee should tale these courses. Page 7 of 10 Job pass Description Job Class Description Job Class description ACCOUNTANT ACCOUNTING MANAGER ADMINISTRATIVE CLERK ADMINISTRATIVE CLERK -CONF ADMINISTRATIVE SECR ETAR -CON F ADMINISTRATIVE SECRETARY ANIMAL SERVICES SUPERVISOR ASSISTANTANIMAL SERVICES OFFI ASSISTANT CITY CLERK ASSISTANT ENGINEER ASSOCIATECIVIL ENGINEER ASSOCIATE PLANNER ASSTENGINEER/PLANS EXAMINER BUDGETMANAGER BUILDING INSPECTOR II BUILDING OFFICIAL BUILDING SERVICES SUPERVISOR BUSINESS DEVELOPMENT MANAGER CHIEF WASTEWATER PLANTOPERATO CI TY ATTOR N EY CITY ENGINEER/DEP PW DIRECTOR CITY MANAGER CODE ENFORCEMENT OFFICER COMMUNITY DEVELOPMENT DIRECTOR CONSTRUCTION PROJECT MANAGER CONSTRUCTION/MAINT. SUPERVISOR CUSTOMER SERV SUP CUSTOMER SERVICE REP. I CUSTOMER SERVICE REP. II DEPUTY CITY ATTORNEY DEPUTY CITY MANAGER DEPUTY DIRECTOR PRCS DEPUTY FIRE CHIEF DISPATCH SUPERVISOR DISPATCHER/JAILER ELEC DISTOPERATOR SUPERVISOR ELEC UTILITY BUSINESS ANALYST ELEC UTILITY SUPERINTENDENT ELECTRIC DISTRIBUTION OPER II ELECTRIC FOREMAN/FOREWOMAN ELECTRIC LINEAPPRENTICE II ELECTRIC LINEMAN/LINEWOMAN ELECTRIC MATERIALS TECHNICIAN ELECTRIC TROUBLESHOOTER ELECTRIC UTILITY DIRECTOR ELECTRICAL ENGINEERING TECH ELECTRICIAN ENGINEERING TECHNICIAN I ENGINEERING TECHNICIAN II ENVIRONMENTAL COMPLIANCE INSP. EQUIPMENT SERVICE WORKER EU RESOURCES ANALYST EXECUTIVE ADMINISTRATIVE ASST FACILITIES MAINT WORKER FACILITIES SUPERVISOR FIELD SERVICES REPRESENTATIVE FIELD SERVICES SUPERVISOR FINANCE TECHNICIAN FIRE BATTALION CHIEF FIRE BATTALION CHIEF -112 HRS FI RE CAPTAI N FIRE CHIEF FIRE ENGINEER FIRE FIGHTER I FIRE FIGHTER II FLEET SUPERINTENDENT HEAVY EQUIPMENT MECHANIC HUMAN RESOURCES MANAGER HUMAN RESOURCES TECHNICIAN INFORMATION SYSTEMS SPECIALIST INFORMATION TECHNOLOGY MANAGER LABORATORY SUPERVISOR LABORATORY TECHNICIAN II LEAD DISPATCHER/JAILER LEAD ELECTRICIAN LEAD EQUIPMENT MECHANIC LIBRARY DIRECTOR LITERACY/VOLUNTEER MANAGER MAINTENANCE WORKER II MANAGEMENT ANALYST MANAGEMENT ANALYST - CON F METERING TECHNICIAN MGR. ENGINEERING & OPERATIONS NETWORK ADMINISTRATOR NETWORK TECHNICIAN PARK MAINTENANCE WORKER I PARK MAINTENANCE WORKER II PARK MAINTENANCE WORKER III PARKS PROJECT COORDINATOR PARTS CLERK PAYROLL TECHNICIAN PERMIT TECHNICIAN PLANT & EQUIPMENT MECHANIC POLICE CAPTAI N POLICE CHIEF POLICE CORPORAL POLICE LIEUTENANT POLICE OFFICER POLICE OFFICER TRAINEE POLICE RECORDS CLERK II POLICE RECORDS CLERK SUPERVISR POLICESERGEANT PROGRAMMER/ANALYST PROPERTY & EVIDENCE TECHNICIAN PUBLIC WORK MANAGEMENT ANALYST PUBLIC WORKS DIRECTOR PUBLIC WORKS INSPECTOR I PUBLIC WORKS INSPECTOR II RATES AND RESOURCE MANAGER RECREATION MANAGER REVENUE MANAGER RISK MANAGEMENT TECHNICIAN Page 8 of 10 RISK MANAGER SENIOR ADMINISTRATIVE CLERK SENIOR CIVIL ENGINEER SENIOR ENGINEERING TECHNICIAN SENIOR FACILITIES MAINT WORKER SENIOR POLICE ADMI N. CLERK SENIOR POWER ENGINEER SENIOR PROGRAMMER/ANALYST SENIOR STOREKEEPER SERVICE WRITER SR ELECTRICAL ENGINEERING TECH SR. PAYROLL TECHNICIAN STREET MAINTENANCE WORKER I STREET MAINTENANCE WORKER II STREET MAINTENANCE WORKER III STREET SUPERVISOR SUBSTATION TECHNICIAN SUBSTATION/METERING SUPERVISOR SUPERVISING ACCOUNTANT TRAFFIC/SIGN MAKING WORKER TRANSPORTATION MANAGER TROUBLESHOOTING SUPERVISOR UTILITIES MANAGER UTILITIES SUPERINTENDENT -PW UTILITY BILLING SPECIALIST UTILITY EQUI P MENT SPECIALIST W/WW MAINTENANCE WORKER 2 W/WW MAINTENANCE WORKER I WASTEWATER PLANT OPERATOR II WASTEWATER PLANTOPERATOR III WATER /WASTEWATER SUPERVISOR WATER PLANTOPERATOR III WATER PLANT SUPERINTENDENT WATER SERVICES TECHNICIAN I WATER SERVICES TECHNICIAN II WATER/WASTEWATER MAINT WKR III WATERSHED PROGRAM COORDINATOR WELDER -MECHANIC CITY OF LODI EMPLOYEE CERTIFICATION OFNEED FOR PAID EMERGENCYSICKLEAVE Print Name: Department: Title: Date: Supervisor Name: Status: Regular Full -Time Part- Time I, , certify that I am unable to work (or telework) for one of the following reasons: • Leave taken under section (1), (2), or (3) is paid at the employee's regular rate of pay, subject to a $511 per day and $5,110 aggregate cap. Leave taken under section (4), (5), or (6) is paid at 2/3rds your regular rate of pay, subject to a cap of $200 per day and $2,000 aggregate cap. Part time employees are entitled to leave based on 2/3rds the average number of hours worked over a 2 -week period. Pay for leave taken under section (4), (5), or (6) may be supplemented by using your accrued leaves. Initial your election below: I do not wish to supplement EPSLA pay. I wish to supplement EPSLA pay with my accrued leaves To supplement with accrued leaves, enter hours on your timecard under the appropriate type of leave (vacation, sick, compensatory time). Indicate under "comments" that the hours are EFMLEA if leave is under section (5), otherwise indicate hours are EPSLA. I understand that if my circumstances change so that I am no longer eligible under one of the qualifying categories, I must immediately inform my supervisor and the City of Lodi and I may be directed to report back to work (or telework). Request Leave Start Date: Expected End Date: Signature: Date: HR Use Approved Denied (reason) Page 9 of 10 The employee is subject to a federal, state, or local quarantine or isolation order related to 1 COVID-19. (Quarantine and isolation orders are defined by the CDC and does not include "shelter in lace" orders) 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 diagnosis. The employee is caring for an individual under quarantine or isolation order, or advised 4 by a health care professional to self -quarantine. Relationship to Individual: The employee is caring for a child due to school closure or unavailability of the child's 5 care provider due to COVID-19. (Complete and attach Certification offeedfor Emergency Family Medical Leaveorm) The employee is "experiencing any substantially similar condition specified by the Secretary of 6 Health and Human Services in consultation with the Secretary of the Treasury and Secretary of Labor." (this section is unavailable until further direction is received from the Health and Human Services de artment. • Leave taken under section (1), (2), or (3) is paid at the employee's regular rate of pay, subject to a $511 per day and $5,110 aggregate cap. Leave taken under section (4), (5), or (6) is paid at 2/3rds your regular rate of pay, subject to a cap of $200 per day and $2,000 aggregate cap. Part time employees are entitled to leave based on 2/3rds the average number of hours worked over a 2 -week period. Pay for leave taken under section (4), (5), or (6) may be supplemented by using your accrued leaves. Initial your election below: I do not wish to supplement EPSLA pay. I wish to supplement EPSLA pay with my accrued leaves To supplement with accrued leaves, enter hours on your timecard under the appropriate type of leave (vacation, sick, compensatory time). Indicate under "comments" that the hours are EFMLEA if leave is under section (5), otherwise indicate hours are EPSLA. I understand that if my circumstances change so that I am no longer eligible under one of the qualifying categories, I must immediately inform my supervisor and the City of Lodi and I may be directed to report back to work (or telework). Request Leave Start Date: Expected End Date: Signature: Date: HR Use Approved Denied (reason) Page 9 of 10 CITY OF LODI EMPLOYEE CERTIFICATION OFNEED FOR EMERGENCYFAMILYMEDICAL LEAVE Print Name: Title: Date: Department: Supervisor: Status: Regular Full -Time Part -Time Hire Date: Average Regular Work Schedule (circle): M T W TH F SA SU Average hours scheduled per week (part-time) : Have you taken leave under FMLA in the past 12 months? Yes_ If yes, how many days? Or, how many hours? IM Compensation: First lfl days of leave is without pay unless the following is designated: I elect to use the following leave during the first 10 days of EFMLEA (indicate 9 of hours for each leave type): Leave without pay Sick Holiday Vacation Compensatory Time Off Emergency Paid Sick Leave If using Emergency Paid Sick Leave, also complete Certification of Need for Emergency Paid Sick Leave form Pa as of the 11 to day of Leave Pay under EFMLEA is based on 2/3rds of your regular pay. You may elect to supplement with your own accrued leaves. Initial your election below. I do not wish to supplement EFMLEA pay. I wish to supplement EFMLEA pay with my accrued leaves. To supplement with accrued leaves, enter hours on your timecard under the appropriate type of leave (vacation, sick, compensatory time). Indicate under "comments" that the hours are EFMLEA. 1, , certify that I have a child who is under the age of 18, whose school or place of care has been closed, or whose child care provider is unavailable due to a COVID-19 emergency declared by either a Federal, State, or local authority. Due to the need to care for my child, I am unable to work (or telework). I understand that if my childcare needs change, I must immediately inform my supervisor and the City and I may be directed to report back to work (or telework). Request Leave Start Date Expected End Date: Signature: Date: HR Use Approved Denied (reason) Process Notes Page 10 of 10