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HomeMy WebLinkAboutAgenda Report - February 3, 2021 C-13AGENDA ITEM CITY OF LODI t A COUNCI L COMMUNICA.TION AGENDA TITLE: Adopt Resolution Approving Additional Paid COVID Leave for Employees who are Experiencing Multiple Quarantine Events or Extended Absence from Work due to COVID-19 Related Illness MEETING DATE: February 3, 2021 C-13 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolution approving additional paid COVID leave for employees who are experiencing multiple quarantine events or extended absence from work due to COVID-19 related illness. BACKGROUND INFORMATION: On March 18, 2020, President Donald Trump signed into law H.R. 6201, the Families First Coronavirus Response Act (FFCRA), effective April 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 required employers to provide two weeks (up to 80 hours) of paid sick leave to employees who are unable to work, or telework, based on qualifying events. The EPSLA expanded the Family and Medical Leave Act to provide for paid leave for qualifying events. At that time, the City precluded many classifications from the FFCRA and the EPSLA because of their designation as an emergency responder. On April 15, 2020, Council approved Resolution 2020-76, that provided two weeks of paid leave for employees to use, similar to what was required under the FFCRA, for qualifying absences related to COVID-19. The FFCRA and the EPSLA expired on December 31, 2020; however, the pandemic continues into 2021. Many City employees have experienced multiple quarantine periods and several employees have experienced lengthy absences from work, subsequently exhausting the COVID-19 paid leave provided by the City. Employees have used their personal leave accruals to keep them in a paid status, or entered into an unpaid leave status, while complying with the prescribed quarantine periods after exposure to COVID-19 or when experiencing symptoms of COVID-19. We thank the employees for complying with these requirements and minimizing the spread of this disease. The City is comprised of numerous classifications that are directly essential to protecting the health and safety of the Lodi community, to preserving the quality of life within the community and to supporting the work of those who engage in delivering these services. As a smaller agency with limited staff, a COVID- 19 workplace exposure could easily put delivery of service at risk. As such, it is critical that the City maintain policies that encourage employees to take every precaution possible to avoid bringing COVID- 19 into the workplace. For example, if a COVID-19 positive firefighter were to be on shift during a house fire, it is possible that more than 1/3 of the City's employed firefighting staff plus additional fire administrative staff could be exposed to COVID-19 and need to quarantine. This would devastate operations and put the remaining firefighters and possibly Lodi residents at greater risk. This is just one APPROVED: Step en Schwabaue , Manager of numerous examples were one exposure could jeopardize critical operations within the City. The City Manager wishes to extend additional paid leave to employees who have exhausted the bank of COVID leave that was previously extended to them. The leave would be provided on a case-by-case basis, and would be provided following an additional confirmed quarantine period or medical leave related to COVID-19. Human Resources and Risk Management staff will coordinate with individual employees and provide only those hours needed to cover their COVID-19 related absence. Human Resources will monitor the additional leave hours provided to employees and ensure that any misuse will be addressed within progressive discipline practices. It is anticipated that additional leave will not exceed eighty (80) hours for impacted employees; however, on occasion it may exceed that amount. Employees have complied with the quarantine periods and are following safety practices implemented by the City, reporting COVID-19 exposures and symptoms through the Company Nurse reporting program rolled out City-wide. As COVID-19 continues into 2021, the City wants to ensure employees continue to follow these safety practices and will not have to make the difficult financial decision to stay at home and quarantine, or return to work and expose other staff when they have exhausted their paid leave. Providing this additional paid leave will alleviate the employee from coming to work when they are sick and will provide them necessary paid leave. FISCAL IMPACT: The costs associated with this leave extension are unknown at this time. The City will be extending additional paid leave which will allow employees to keep their other accrued leave balances whole without penalty. The primary impact is in lost labor hours due to this additional time off. However, there will likely be offsetting benefits of reduced time off due to employees having the confidence to remain out when needed without penalty to them. This keeps other employees from getting exposed and possibly infected by COVID-19. Given the minimal application of this benefit extension, staff finds it is overall in the best interest fiscally to the City to avoid additional COVID-19 exposure and subsequent absences. FUNDING AVAILABLE: To the extent there are costs within this new benefit, those costs will be absorbed in appropriations in each departmental budget for FY 2020/21. Adele Post Adele Post, Human Resources Manager Andrew Keys Andrew Keys, Deputy City Manager/Internal Services Director Signature: �A'� ec - Signature: Ojrw � X& Email: apost@lodi.gov Email: akeys@todi.gov RESOLUTION NO. 2021-31 A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE CITY MANAGER'S DECISION TO GRANT ADDITIONAL COVID-19 SPECIFIC LEAVE FOR EMPLOYEES WHO ARE EXPERIENCING MULTIPLE MANDATED QUARANTINE PERIODS OR EXTENDED ABSENCES DUE TO COVID-19 RELATED ILLNESS WHEREAS, on April 15, 2020, Council ratified the City Manager's decision to grant a two-week COVID-19 specific leave bank to all employees (Resolution No. 2020-76), similar to what was required under the Families First Corona Virus Response Act (HR 6201), that provided emergency paid sick leave benefits for eligible employees and expanded the Family Medical Leave Act; and WHEREAS, the law expired on December 31, 2020; however, the Coronavirus Pandemic continues in 2021 and more employees are being impacted by the virus; and WHEREAS, many City employees have experienced multiple quarantine periods or have extended illnesses that have exhausted the two-week leave provided to them in April 2020; and WHEREAS, in order to avoid the spread of COVID-19 in the workplace, it is essential for employees to continue to follow guidance from the Center for Disease Control, California Department of Public Health and San Joaquin County Department of Public Health Services and quarantine when they have been exposed to COVID-19 or if they are symptomatic; and WHEREAS, providing additional paid leave for COVID-19 related absences will ensure employees continue to follow mandated safety practices and will not suffer financial consequences for doing so; and WHEREAS, it is anticipated that additional leave will not exceed eighty (80) hours for impacted employees; however, on occasion it may exceed that amount; and WHEREAS, to date there have been six (6) employees who have received additional paid leave because they have been required to quarantine beyond the original eighty (80) hour leave bank and there are approximately ten (10) employees who exhausted their COVID-19 bank and used their personal leave accruals to stay in a paid status; and WHEREAS, no additional hours will be granted to employees who are not required to quarantine due to COVID-19 beyond the previously granted COVID-19 specific leave bank; and WHEREAS, the City Manager has granted additional paid leave to employees who have exhausted their COVID-19 leave and are required to be off work for additional quarantine periods or for COVID-19 illness, up to eighty (80) hours or an amount that covers the employee's absence due to confirmed COVID-19 exposure or illness. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby ratify the City Manager's decision to grant additional paid leave to employees who have exhausted their COVID-19 leave and are required to be off work for additional quarantine periods or for COVID-19 illness and to exchange personal leave used with additional COVID-19 leave for the ten employees that used their personal leave after exhausting their COVID-19 leave. Dated: February 3, 2021 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2021-31 was passed and adopted by the Lodi City Council in a regular meeting held February 3, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None J NNIF CUSMIR City Clerk 2021-31