HomeMy WebLinkAboutAgenda Report - May 6, 2020 H-01AGENDA ITEM
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AGENDA TITLE:
MEETING DATE: May 6, 2020
SUBMITTED BY: Human Resources Manager
Adopt Resolution Approving Policy for Emergency Paid Sick Leave and Expansion
of the Family Medical Leave Act in Accordance with H.R. 6201, the Families First
Coronavirus Response Act
RECOMMENDED AGTION Adopt resolution approving policy for emergency paid sick leave and
expansion of the Family Medical Leave Act in accordance with H.R.
6201, the Families First Coronavirus Response Act
BACKGROUND INFORMATION On March 18,2020, President Donald Trump signed into law H.R.
6201, the Families First Coronavirus Response Act (FFCRA),
effectiveApril 1 ,2020 through December 31,2020. Contained within
FFCRA is the Emergency Paid Sick Leave Act (EPSLA) and the
Emergency Family and Medical Leave Expansion Act.
The EPSLA requires employers to provide two weeks (up to 80 hours) of paid sick leave to employees
who are unable to work, or telework, because the employee:
' ls subject to a federal, state or local quarantine or isolation order.. Has been advised by a healthcare provider to self-quarantine due to concerns related to
covrD-19.. ls experiencing symptoms of COVID-19 and seeking a medical diagnosis.. ls caring for an individual who is subject to a quarantine or isolation order or has been
advised by a healthcare provider to self-quarantine as described above.
' ls caring for his or her child whose school or place of care has been closed or whose
child care provider is unavailable due to COVID-19 precautions.
' ls experiencing any other substantially similar condition specified by the Secretary of
Health & Human Services in consultation with the Secretary of the Treasury and the
Secretary of Labor.
The paid sick leave provided under EPSLA is in addition to any leave banks that the employer may have
extended to the employees prior to April 1 ,2020, when the FFCRA was effective.
The Emergency Family and Medical Leave Expansion Act amends the Family and Medical Leave Act
(FMLA) to provide job-protected leave for a public health emergency related to COVID-19. Eligible
employees may use the leave under this section when the employee is unable to work (or telework)
because the employee's child's school or care center is closed, or the child's care provider is unavailable
due to COVID-19. Unlike paid sick leave under the EPSLA which has no tenure requirement, an
employee must have worked for at least 30 calendar days for the employee to be eligible for benefits
under the FMLA Expansion Act. Leave under the FMLA Expansion Act is unpaid for the first two weeks.
mAPPROVED
Stephen Schwabauer, City Manager
After the first two weeks, leave is paid at twothirds of the employee's usual pay, with a cap of 9200 per
day. For employees with schedules that vary from week to week, a six-month average is to be used to
calculate the number of hours to be paid.
ln addition, the agency may elect to exclude leave for any "health care provider" or "emergency
responder," as those terms are defined in U.S. Department of Labor ("DOL") regulations.
For the pu4ooses of employees who may be excluded from paid sick leave or expanded famity 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-I9. This includes but is not timited
to military or national guard, law enforcement officers, correctional institution personnel, fire fighters,
emergency medical seruices 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 skitts needed
to provide aid in a declared emergency as well as individuals who work for such facilities emptoying
fhese individuals and whose work is necessary to maintain the operation of the facitity. 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 sfafe's or territory's or the District of
Columbia's response to COVID-19.
The City has reviewed its employment rolls and concluded that allemployees in the attached document are
excluded 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 memo.
This policy is intended to satisff the requirements set forth under the Families First Coronavirus Response Act.
FISCAL ¡MPACT The costs associated with the FFCRA are unknown at this time
FUNDING AVAILABLE:Absorbed in appropriations in each departmental budget for FY 211gl20
and FY 2020121.
//a/a aart
Adele Post (Apr 27, 2020)
Adele Post, Human Resources Manager
And rew
Andrew Keys, Deputy City Manager nternal Services Director
Page 1 of 10
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 2 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 3 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 term ‘child care provider’ means a
provider who receives compensation for providing child care
services on a regular basis.
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.
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
Page 4 of 10
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
When foreseeable, an employee shall provide the employer with such
notice of leave as is practicable.
SECTION 11: 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 hrdept@lodi.gov.
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:
1. The employee is subject to a federal, state, or local quarantine or
isolation order related to COVID-19.1
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.
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.
1 Quarantine and isolation orders are defined by the CDC and does not include “shelter in place” orders:
https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html
Page 5 of 10
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 $2,000 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.
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
Page 6 of 10
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 7 of 10
Page 8 of 10
Page 9 of 10
CITY OF LODI
EMPLOYEE CERTIFICATION OF NEED FOR PAID EMERGENCY SICK LEAVE
Print Name: Title: _________________ _ Date: ___
Department: Supervisor Name:
Status: Regular Full-Time Part- Time __
I, ________________________, certify that I am unable to work (or telework) for one of the following reasons:
1
The employee is subject to a federal, state, or local quarantine or isolation order related to
COVID-19. (Quarantine and isolation orders are defined by the CDC and does not
include “shelter in place” 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.
4
The employee is caring for an individual under quarantine or isolation order, or advised
by a health care professional to self-quarantine.
Relationship to Individual:
5
The employee is caring for a child due to school closure or unavailability of the child’s
care provider due to COVID-19. (Complete and attach Certification of Need for
Emergency Family Medical Leave form)
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.” (this section is unavailable until further direction is received from the Health and Human
Services department.)
• 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 10 of 10
CITY OF LODI
EMPLOYEE CERTIFICATION OF NEED FOR EMERGENCY FAMILY MEDICAL 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 No
If yes, how many days? Or, how many hours?______________
Compensation:
First 10 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 # 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
Pay as of the 11th 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.
I, ___________________________, 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
H-l
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
SECTION 2:EFFECTIVE DATES
Effective April I ,2020 through December 31,202ß
AMOUNT OF 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 qualifvinq 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
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
effectApril 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.
S ECTION 3
Page 1 of 10
SECTION 5:UNPAID LEAVE FOR I NITIAL TEN WORKING DAYS
qualified event (note: CFRA does not provide leave to care for
children as provided under the EFMLEA and described in Section 4).
SECTION 4:o UALIFYI REASONS FOR E LEA 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.
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.
SECT loN 6:PA ID LEAVE FOR SUBSEOU NT 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 othenryise 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 fulltime are entifled to pay
based on two-thirds of their regular pay based on the number of
hours they would have othenruise been scheduled to work during the
time they are taking leave.
ln 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; or2. lf 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 l0
SECTION 7
the average number of hours per day that the employee would
normally be scheduled to work.
DEFINITIONS FOR PUR ES OF PUBLIC HEALTH
EMERGENCY UNDER EFMLEA
A. Eliqible 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 legalward, 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 Emerqency: 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 qroup home child
care Þrovider. a familv child ca re provider, or other provider of
child care services for comoe that is licensed. reoulated or
under state law. lt tn
rand who ula cares for
emplovee's child, even if that person is not licensed or paid for
providing the child care services.The term 'ehild Gar
means a previder whe reeeives eempensatien fer previding ehild
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.
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,
SECTION 8:
Page 3 of 10
will be restored to an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment.
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 1O:NOTICE
When foreseeable, an employee shall provide the employer with such
notice of leave as is practicable.
SECTI oN 11: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 hrdept@lodi.gov.
SECTION 12:MERGEN YP ACT EP
The Emergency Paid Sick Leave Act (EPSLA) provides up to B0
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:
1. ïhe employee is subject to a federal, state, or local quarantine or
isolation order related to COVID-19. "Quarantine or lsolation
Order" in cludes containment. shelter-in-nla ce or stav-at-home
orders issued anv federal. state. or local o overnment. This
includes advisement of cateqories of citizens (e.q. of certain aqe
ranqes or of in medical conditions) to shelte -place. stav at
home. isolate or ouarantine.+
Page 4 of 10
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.
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 $51 1 per day and $5,1 10 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 at2l3 their regular
rate of pay, subject to a $200 per day and $2,000 aggregate cap.
Part-time employees are entitled to paid leave for the average
number of hours worked over a 2-week period at2l3 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
Page 5 of 10
This policy applies to all employees. ln 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.
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 ín 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 othenruise
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 6 of l0
CIT{ OF LODI
FIRE DEPARTMENT
MEMORÀNI}LT*'I
TO:
FROAIT
DATE:
STIBJECT:
BI¡irKi4g
Michael P¡¡cþ
Søptubrr?, f006
NIMS TrrÐing
þ g.rdtr frr ùe City of loili to contin¡e ùo ¡eæiw Houdrnd Seurity Grflrt futrrls üd Strte of
Califwuie findiAg fmuuimu projecb, thÊ Gur¡trmr's Offioeof EmrrgËnc1¡ Sen'icesh¡s
mdeæd *lt mmioiprtitier to coqrleûe SE!uXS NDdlEtvXS tf,itrfug" .{* you wilt recell" uæ brcrugþt
üie to tb deprrøeut hea& atúeotion duriag thç AItriI EOC ùeiningsessioo. T¡e hre urtil
Oetob€r 6, I{ffióto coryilcûe tüis hafuing. Futrartely, tbe bainiqg re*siots rre rclativaly siryle
t1¿-smigt¡ÉEm¡üd- "ûfte nrr,ierriogthÊì,¡IMs Treining mti:r, t bEIisïE th frnowing Eror¡FEofcity rylryee* rhæ}lgo thrmgþfhc u¡ricrs ICS (Inüdøtüomend S]rtcm) ffiiıa
SËlvts {Stüdardi¡Êd EnnrgËoËy }fil¡gtmaú Slßhú}
NIMS $llatiooal Incidrut Mruagtlußat S}'EM}
SEIIS E¡*utirr, [C5 d0!,ltEIlfS üS ?ll0), Þfi1ú5 flS fi00].
C.orffiil trlembers, City ldamp, Dryúy Cit}. M¡r¡*Eer. City .{üønry, DEFtrty City Aftrmty,
Citl, Clcù, D€pdy Citf Ct"'ft
SEìif.9Intro., SEMS EOC,IC$ fû0, rcS:00, ilillúS ?110, $lltúl fl{l{t,ICS SCIt,ICS {00
Depuæm Iieed*, Strûüd ¡enËl nryervisorr {depty DIl ctç}, m¡lrewho uey trte a
dep¡rtn€üf bËadÉ plare il the EOC.
ßElû,9Intro., SEIWS EOC, rc$ 100,IC$ l{0,ICS i00,|{Iilffi 700,F¡IIiúB 800
All field nryeruisors
$EilI,S Intro., SEIIÍS Ef]C,ICS ltü" ICS ?{'q IqIlfS 700
SryortSkËIm.Statr
SEilIS [nbo.,ICS 100, F{ItdS ?00
.dI euplolieÊsrho mry bc --rkËd" dir€cted, or wlledqcn fr rn emergeoqr. As lrndccdrod
St¡ùe of Cqlifw¡ie rtquirÐfú fmdieaster q¡oùem" auy city eryfqreecmbe hrted wiü
{tËrgeusy rtåFm*ihitities úring a dirr*ter" tlmefrrc, evøy eity elrplø¡æ shouftl trfte ftnse
csunÞs.
Page 7 of 10
Job Class Description
ACCOUNTANT
ACCOUNTING MANAGER
ADMINISTRATIVE CLERK
ADMì NISTRATIVE CLERK . CONF
ADMINISTRATIVE SECRETAR - CONF
ADMI NISTRATIVE SECRETARY
ANI MAL SERVICES SUPERVISOR
ASSISTANTANI MAL SERVICES OFFI
ASSISTANT CITY CLERK
ASSISTANT ENGI NEER
ASSOCIATE CIVIL ENCINEER
ASSOCIATE PLANNER
ASST ENGINEER/PLANS EXAMI NER
BUDGET MANAGER
BUILDING INSPECTOR II
BUILDING OFFICIAL
BUI LDI NG SERVICES SUPERVISOR
BUSI NESS DEVELOPMENT MANAGER
CHI EF WASTEWATER PLANT OPERATO
CITYATTORNEY
CITY ENGINEER/DEP PW DIRECTOR
CITY MANAGER
CODE ENFORCEMENT OFFICER
COMMUNITY DEVELOPMENT DI RECTOR
CONSTRUCTION PROJ ECT MANAGER
CONSTRUCTION/MAINT. SUPERVISOR
CUSTOMER SERV SUP
CUSTOMER SERVICE REP. I
CUSTOMER SERVICE REP. II
DEPUTY CITYATTORNEY
DEPUTYCITY MANAGER
DEPUWDIRECTOR PRCS
DEPUTY FI RE CHI EF
DISPATCH SUPERVISOR
DISPATCH ER/AI LER
ELEC DIST OPERATOR SUPERVISOR
ELEC UTI LITY BUSI NESS ANALYST
ELEC UTI LITY SUPERI NTENDENT
ELECTRIC DISTRIBUTION OPER II
ELECTRI C FOREMAN/FOREWOMAN
ELECTRIC LINE APPRENTICE II
ELECTRIC LI NEMAN/LI NEWOMAN
ELECTRIC MATERIALS TECHNICIAN
ELECTRIC TROU BLESHOOTER
ELECTRIC UTILITY DIRECTOR
ELECTRICAL ENGINEERI NG TECH
ELECTRICIAN
ENGINEERING TECHNICIAN I
ENGINEERING TECHNICIAN II
ENVI RONMENTAL COMPLIANCE I NSP.
EQUI PMENT SERVICE WORKER
EU RESOURCES ANALYST
EX ECUTIVE ADMI N ISTRATIVE ASST
FACI LITI ES MAINTWORKER
FACI LITI ES SUPERVISOR
FI ELD SERVICES REPRESENTATIVE
Job Class Descr¡pt¡on
Fì ELD SERVICES SUPERVISOR
FINANCE TECHNICIAN
FIRE BATTALION CHIEF
FIRE BATTALION CHIEF - 112 HRS
FI RE CAPTAI N
FIRE CHIEF
FIRE ENGINEER
IIRE FIGHTER I
FIRE FIGHTER II
FLEET SUPERI NTENDENT
HEAVY EQUIPMENT MECHANIC
H UMAN RESOURCES MANAGER
H UMAN RESOURCES TECH NICIAN
I NFORMATION SYSTEMS SPECIALIST
I NFORMATION TECHNOLOGY MANAGER
LABORATORY SU P ERVI SOR
LABORATORYTECH NICIAN I I
LEAD DISPATCHER/AILER
LEAD ELECTRICIAN
LEAD EQUIPMENT MECHANIC
LIBRARY DIRECÏOR
LITERACY/VOLU NTEER MANAG ER
MAINTENANCEWORKER II
MANAGEMENT ANALYST
MANAGEMENTANALYST - CONF
METERING TECHNICIAN
MGR. ENGINEERING & OPERATIONS
NETWORK ADMINISTRATOR
NETWORK TECHNICIAN
PARK MAI NTENANCE WORKER I
PARK MAI NTENANCE WORKER II
PARK MAI NTENANCE WORKER II I
PARKS PROJECTCOORDINATOR
PARTS CLERK
PAYROLL TECHNICIAN
PERMIT TECH NICIAN
PLANT & EQUI PMENT MECHANIC
POLICE CAPTAI N
POLICE CHIEF
POLICE CORPORAL
POLICE LIEUTENANT
POLICE OFFICER
POLICE OFFICER TRAI NEE
POLICERECORDSCLERK II
POLICE RECORDS CLERK SUPERVISR
POLICE SERGEANT
PROGRAMMER/ANALYST
PROPERW & EVI DENCE TECH NICIAN
PUBLIC WORK MANAGEMENTANALYST
PUBLIC WORKS DIRECTOR
PUBLIC WORKS INSPECÏOR I
PUBLIC WORKS INSPECTOR II
RATES AND RESOURCE MANAGER
RECREATION MANAGER
REVENUE MANAGER
RISK MANAGEMENTTECHNICIAN
Job Class Description
RISK MANAGER
SENIOR ADMIN ISTRATIVE CLERK
SENIOR CIVIL ENGINEER
SENIOR ENGI NEERING ÏECHNICIAN
SENIOR FACI LITI ES MAI NT WORKER
SEN+ER++SRARY+5SIS+AN+
SENIOR POLICEADMIN. CLERK
SENIOR POWER ENGINEER
SENI OR PROGRAMMER/ANALYST
SENIOR STOREKEEPER
SERVICE WRITER
SR ELECTRICAL ENGINEERING TECH
SR. PAYROLL TECHNICIAN
STREET MAI NTENANCE WORKER I
STREET MAINTENANCE WORKER II
STREET MAI NTENANCE WORKER II I
STRETT SUPERVISOR
SUBSTATION TECHNICIAN
SUBSTATI ON/METERI NG SU PERVI SOR
SUPERVISI NG ACCOUNTANT
TRAFFIC/SIGN MAKI NG WORKER
TRANSPORTATION MANAGER
TROUBLESHOOTING SUPERVISOR
UTILITIES MANAGER
UTI LITIES SUPERI NTENDENT - PW
UTI LITY BILLING SPECIALIST
UTI LITY EQUIPMENTSPECIALISÏ
W/WW MAI NTENANCE WORKER 2
W/WW MAI NTENANCE WORKER I
WÆTEWATER PLANTOPERATOR II
WASTEWATER PLANT OPERATOR I I I
WATER / WASTEWATER SU PERVI SOR
WATER PLANTOPERATOR III
WATER PLANT SUPERI NTENDENT
WATER SERVICES TECHNICIAN I
WATER SERVICES TECHNICIAN I I
WATER/WÆTEWATER MAINT WKR I I I
WATERSHED PROGRAM COORDI NATOR
WELDER - MECHANIC
Page 8 of 10
CITY OF LODI
EMPLOYEE CERTIFICATION OF NEED FOR PAID EMERGENCY SICK LEAVE
Print Name Title
Department: Supervisor Name
Status:Regular Full-Time_Part- Time
Date:_
\certiff that I am unable to work (or telework) for one of the following reasons:
o Leave taken under section (l), (2), or (3) is paid at the employee's regular rate of pay, subject to a
$51 1 per day and $5,1 10 aggregate cap. Leave taken under section (4), (5), or (6) is paid at2l3rds
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 on2l3rds 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:
_! 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
I
The employee is subject to a federal, state, or local quarantine or isolation order related to
COVID-l9. (Quarantine and isolation orders are defined by the CDC and does not
include "shelter in place" orders.)
2 The employee has been advised by a health care provider to self-quarantine due to
concerns related to COVID-l9.
3 The employee is experiencing symptoms of COVID-l9 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.
Relationship to Individual:
5
The employee is caring for a child due to school closure or unavailability of the child's
care provider due to COVID-19. (Complete and attach Certification of Needfor
Emergency Family Medical Leave form)
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." (this section is unavailable until further direction is received from the Health and Human
Services department.)
HR Use
Approved_ Denied (reason)_
Page 9 of l0
CITY OF LODI
EMPLOYEE CERTIFICATION OF NEED FOR EMERGENCY FAMILY MEDICAL LEAVE
Print Name Title Date:
Supewisor:Department:
Status:
Hire Date:
Regular Full-Time Part-Time
Average Regular'Work Schedule (circle): M T W TH F SA SU
Average hours scheduled per week (part-time) :-
Leave without pay_
Vacation_
HaveyoutakenleaveunderFMLAinthepast|2months?Yes-No
If yes, how many days?_ Or, how many hours?-
Compensation:
First 10 days of leave is without pay unless the followine is designated:
I elect to use the following leave during the first I0 days of EFMLEA (indicate # of hours þr each
leave type):sick-
Compensatory Time Off
Emergency Paid Sick Leave_
If using Emergency Paid Sick Leave, also complete Certification of Need for Emergency Paid Sick Leave form
Pay as of the 1lth day of Leave
Pay under EFMLEA is based on2l3rds 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.
I,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-l9 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
Process Notes
Page 10 of 10