(a) The Families First Coronavirus Response Act (“FFCRA”), which came into effect April 1, 2020, expired December 31, 2020. The City, through this Section, voluntarily extends certain protections that were previously afforded under the FFCRA. For any applicable period on or after January 1, 2021, this Section refers to the provisions of FFCRA that were previously in effect on December 31, 2020.
(b) In the event local schools are closed due to the coronavirus (“COVID-19”), City employees or their families are exposed to COVID-19, or other circumstances dictate, and in the Mayor’s sole discretion, some or all of the following policies may be put into effect:
(1) FMLA paperwork will be streamlined for COVID-19 on a case-by-case basis.
(2) Department directors will determine which and for how long a job or job duty can be performed off-site.
(3) Department directors will determine the staffing needs of their department and take such actions as are necessary or prudent to ensure that City services are not disrupted and the City’s interests are protected.
(4) Employee business travel to certain areas may be cancelled or postponed.
(5) Employees who exhibit symptoms consistent with the COVID-19 virus may be sent home and, if sent home, shall be entitled to use FFCRA Sick Leave.
(6) The City may require an employee reasonably believed, based upon objective evidence, to pose a direct threat to be cleared by a doctor or other health care professional before returning to work.
(7) An employee who is available and able to work and has been told to stay home for some or all of his or her normal workweek due to COVID-19 social distancing requirements, shall be paid his or her regular rate of pay and shall remotely perform his or her essential job functions or other assigned duties to the fullest extent as reasonably possible and be available for work related matters via telephone, email, text, or other means of communication, during normal work hours, or as otherwise approved by the employee’s department director.
(8) An employee who qualifies for leave as previously provided for under the Emergency Paid Sick Leave Act of the FFCRA is eligible for two (2) weeks of leave (“FFCRA Sick Leave”) and may receive up to his or her full regular pay with no daily or aggregate pay maximum.
(9) An employee who qualifies for leave as previously provided for under the Emergency Family Medical Leave Expansion Act of the FFCRA is eligible for up to twelve (12) weeks of leave (“Emergency FMLA Leave”) and may receive up to his or her full regular pay for weeks three (3) through twelve (12) of the Emergency FMLA Leave with no daily or aggregate pay maximum.
(10) An employee who does not qualify for Emergency FMLA Leave under the FFCRA may take up to ten (10) weeks of leave if the employee or a member of his or her household has a documented elevated risk to COVID-19, due to pregnancy, age (over 65), compromised immune system, or chronic health condition, and has been advised by a medical practitioner to self-quarantine (“COVID-19 Quarantine Leave”). During COVID-19 Quarantine Leave an employee may receive up to his or her full regular pay.
The Mayor, in his sole discretion, will determine if and when any of the provisions of this subsection will be put into effect, the scope of the provision(s), and the duration, and will communicate these decisions to City employees through the Director of Human Resources.
(b) While on leave under this Section, an employee may not work or earn compensation from any other source during his or her regularly scheduled work hours.
(c) Consistent with the ADA and other applicable laws, rules, regulations, and directives, an employee may be required to provide evidence of his or her eligibility for leave under this Section at any time before or during such leave.
(d) All documentation provided to the City to justify leave under this Section will be treated as “confidential” and will be shared with management officials on a need-to-know basis only.
(e) Except as specifically set forth herein, this Section shall have no effect on the City’s laws, rules, policies, and procedures, which remain in full force and effect.
(f) Leave policies under this Section are applicable to civilian City employees only. The Chief of Police and Fire Chief will develop leave policies for the City’s sworn police officers and firefighters.
(g) FFCRA Sick Leave, Emergency FMLA Leave, or COVID-19 Quarantine Leave may be taken prior to the use of an employee’s PTO or sick leave. Any employee who is denied FFCRA Sick Leave, Emergency FMLA Leave, or COVID-19 Quarantine Leave is free to use his or her accrued paid time off (“PTO”) leave.
(h) Except for those employees who decline to be vaccinated against COVID-19 due to a sincerely held religious belief and/or those employees who provide a medical certification of the employee’s inability to receive the vaccine due to a medical condition, the City may restrict any or all COVID-19 related leave addressed in this Section for employees who have had a reasonable opportunity to be vaccinated against COVID-19 and elect not to do so.
(i) At no time shall an employee use any leave provided in this Section, alone or in combination with hours worked, to receive his or her overtime rate of pay.
(j) Nothing in this Section shall restrict or otherwise infringe on the leave and/or pay benefits provided to employees under the FFCRA.
(k) This Section shall expire on June 30, 2021.
(Ord. D-2516-20, 3-16-20; Ord. D-2517-20, As Amended, 4-6-20; Ord. D-2573-21, § 2, 2-15-21)