HomeMy WebLinkAboutResolutions - 2020-12 - 2020-12 Resolution _ Families First Coronavirus Response Policy - 4/7/2020City of East Wenatchee Resolution 2020-12 Page 1 of 2
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Resolution No. 2020-12 A Resolution of the City of East Wenatchee, Washington establishing two categories of emergency leave by adopting the City of East Wenatchee Families First Coronavirus Response Policy.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Adoption. The City Council adopts the City of East Wenatchee Families First Coronavirus Response Policy as forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
6. Termination date. This Resolution and the attached policy terminate on December 31, 2020.
Exhibit A of Resolution 2020-12
Families First Coronavirus Response Act Policy
Page 1 of 4
City of East Wenatchee
Families First Coronavirus Response Act Policy
In response to the COVID-19 outbreak, the federal government has enacted Families
First Coronavirus Response Act (“FFCRA”). Beginning April 1, 2020, FFCRA provides
an eligible employee with protected leave and paid leave benefits for certain absences
arising from the COVID-19 outbreak.
The City will administer this policy in accordance with the FFCRA and in accordance
with forthcoming federal regulations and guidance.
The FFCRA provides for two categories of leave. The first category is called the Public
Health Emergency Leave (“PHEL/FMLA”). The PHEL expands existing FMLA coverage
to provide up to 12 weeks of partially-paid Public Health Emergency Leave for an
eligible employee who is forced to miss work due to the closure of their child’s school or
because the employee’s childcare provider cannot provide service because of COVID-19.
The second category is called Emergency Sick Leave. The FFCRA provides up to 10 days
of Emergency Sick Leave for various reasons related to the COVID-19 outbreak.
Public Health Emergency Leave (PHEL/FMLA)
Eligibility. An employee who has worked for the City for at least 30 calendar days is
eligible for PHEL/FMLA leave.
Leave Entitlement. An eligible employee may take up to 12 weeks of protected leave
if the employee is unable to work, or telework, based on a need to care for the
employee’s child under age 18 because the child’s school or place of care has been
closed, or the child care provider is unavailable due to a public health emergency. A
public health emergency means an emergency with respect to COVID-19 declared by a
federal, state, or local authority. PHEL/FMLA may be taken intermittently only if
approved by the City.
PHEL/FMLA is part of an employee’s regular FMLA leave entitlement. Accordingly, if
an employee has already used FMLA for other purposes during the FMLA leave year, the
amount of available PHEL/FMLA will be reduced by the amount of FMLA leave already
taken. PHEL/FMLA leave will be available through December 31, 2020.
Partial Pay Entitlement. The first 10 days of PHEL/FMLA are unpaid. An employee
may elect to use accrued leave or use Emergency Sick Leave during this period. For
leave beyond the first 10 days, the City will pay two-thirds of the employee’s regular pay,
up to a maximum of $200 per day or $10,000 in the aggregate. Pay is calculated based
on the number of hours an employee would otherwise have been scheduled to work. For
an employee with variable hours, hours will be determined based on the average
number of hours scheduled over the six-month period preceding the leave (including
paid leave hours) or on a reasonable expectation at the time of hire as to the hours per
day the employee would normally be scheduled to work.
Exhibit A of Resolution 2020-12
Families First Coronavirus Response Act Policy
Page 2 of 4
Notification; Verification. An employee who needs to take PHEL/FMLA leave
should notify Human Resources as soon as practicable after the need for leave arises.
An employee seeking PHEL/FMLA leave must submit documentation establishing a
school closure or unavailability of childcare (which may include a post from a school
district website, email from a school or provider, etc.).
Other. Unless the FFCRA requires otherwise, the City will administer this policy
consistent with the City’s existing Family and Medical Leave (FMLA) policy.
Emergency Sick Leave
Eligibility. Each employee of the City is eligible for up to 80 hours of Emergency Sick
Leave. Depending on the underlying reason for taking leave, Emergency Sick Leave may
be fully paid or partially paid.
Covered Reasons for Using Emergency Sick Leave. An employee may use
Emergency Sick Leave if an employee is unable to work, or telework, for any of the
following reasons:
1. The employee is subject to a federal, state, or local quarantine or isolation order
related to COVID-19.
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 medical
diagnosis.
4. The employee has to care for an individual who is self-isolating for one of the
reasons described in (1) or (2) above.
5. The employee has to care for the employee’s child under age 18 due to closure of
the child’s school or unavailability of the child’s childcare provider due to COVID-
19 precautions. A “child” is defined the same as under the FMLA; i.e., a
biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis who is either under 18 years of age or is 18 years of age
or older and “incapable of self-care because of a mental or physical disability” at
the time leave is to commence.
6. The employee is experiencing any other substantially similar condition specified
by the Secretary of Health and Human Services in consultation with the Secretary
of the Treasury and the Secretary of Labor.
Exhibit A of Resolution 2020-12
Families First Coronavirus Response Act Policy
Page 3 of 4
Paid Leave Entitlement. A full-time employee is entitled up to 80 hours of
Emergency Sick Leave. A part-time employee is entitled to the Emergency Sick Leave
equal to number of hours he or she typically works over a two-week period. For an
employee with variable hours, the City will determine hours based on the average
number of hours scheduled over the six-month period preceding the leave (including
paid leave hours) or on a reasonable expectation at the time of hire as to the hours per
day the employee would normally be scheduled to work. Any Emergency Sick Leave
available under this policy is in addition to accrued leave to which an
employee was already entitled under existing City policies or labor
agreements.
Reduced Benefit for Certain Leaves; Cap on Sick Leave Amount.
If an employee takes Emergency Sick Leave for reason (1), (2), or (3) above (which cover
leave due to the employee’s own health or quarantine), the paid sick leave benefit is
equal to the employee’s regular rate of pay for the missed work time, up to a maximum
of $511 per day and $5,110 in the aggregate.
If an employee takes leave for reason (4), (5), or (6) above (to care for another, to care
for a child due to a school closure or unavailability of childcare, or where the employee
is experiencing a substantially similar condition), the paid sick leave benefit is two-
thirds of the employee’s regular rate of pay, up to a maximum of $200 per day and
$2,000 in the aggregate.
Use of Paid Sick Leave; Sequencing with Other Leave; Intermittent Use. An employee
may access Emergency Sick Leave for a covered reason before exhausting other accrued
leaves. If an absence is covered by this Emergency Sick Leave policy and the
PHEL/FMLA policy above, the employee may elect to use Emergency Sick Leave during
the first 10 days of PHEL/FMLA in order to remain in paid status.
If approved by the City, an employee may use Emergency Sick Leave intermittently due
to a closure of a child’s school or unavailability of the childcare provider.
If approved by the City, an employee may use Emergency Sick Leave intermittently if
the employee is unable to telework his/her normal schedule of hours due to a qualifying
reason (for example, if an employee can telework in the morning, but needs to care for a
child in the afternoon due to a school closure).
Per Department of Labor guidance, where an employee is not teleworking, intermittent
use of Emergency Sick Leave is not permitted when leave is taken for reasons (1), (2),
(3), (4), or (6) above. In such cases, Emergency Sick Leave must be taken in full-day
increments and once leave is initiated for one of these reasons, the employee must
continue to use Emergency Sick Leave until either (i) the full amount of Emergency Sick
Leave has been used; or (ii) the employee no longer has a qualifying reason for taking
Emergency Sick Leave. The Department of Labor has explained that this requirement is
imposed because if an employee is actually or possibly sick with COVID-19, or is caring
for someone who is sick or possibly sick with COVID-19, the intent of the law is to
provide paid leave to prevent the spread of the virus.
Exhibit A of Resolution 2020-12
Families First Coronavirus Response Act Policy
Page 4 of 4
Carryover; Termination of Benefit. The Emergency Sick Leave Benefit expires on
December 31, 2020; any unused Emergency Sick Leave will not carry over to the next
calendar year or merged into other leave banks. Additionally, the entitlement to
Emergency Sick Leave ceases beginning with the employee’s next scheduled work shift
immediately following the termination of the need for paid sick leave. However, to the
extent an employee subsequently needs additional time off for another covered reason
prior to December 31, 2020, the employee may use any remaining Emergency Sick
Leave available.
Notification. An employee who needs to take Emergency Sick Leave should notify
Human Resources as soon as practicable. After the first workday (or portion thereof)
that an employee takes Emergency Sick Leave, the employee must follow the notice
requirements required for use of regular sick leave. While on leave an employee will be
required to furnish the City with periodic reports of his/her status and intent to return
to work every week.
Verification. An employee requesting Emergency Sick Leave must:
• specify the qualifying reason for requesting leave;
• state that the employee is unable to work or telework, for that specified reason;
and
• provide the date(s) for which leave is requested.
The Department of Labor also requires that the City obtain documentation supporting
the leave request. Documentation may include, for example, a copy of the federal, state
or local quarantine or isolation order related to COVID-19; written documentation from
a health care provider advising the individual to self-quarantine due to COVID-19; or
documentation from the employee’s child’s school or childcare provider of closure (such
as website posting or email).
For general information about FFCRA, please visit: https://www.dol.gov/