PENDING ORDINANCES
BILL NO. 2020 – C
ORDINANCE NO. 7
SUMMARY:   Bill No. 2020-C, Ordinance No. 7, an ordinance adding sections 3.40.072 and 3.40.074 to Title 3 of the Churchill County Code for those employees under the direct and indirect jurisdiction of the Board of County Commissioners to the extent of the laws permitted by the State of Nevada: and 3.40.072 Emergency Paid Sick Leave and 3.40.074 Emergency Family and Medical Leave.
TITLE:      AMENDMENTS TO PROVISIONS OF TITLE 3
THE BOARD OF COUNTY COMMISSIONERS OF CHURCHILL COUNTY, NEVADA, DO ORDAIN:
SECTION 1.
Chapter 3.40.072  Emergency Paid Sick Leave (EPSL), is hereby enacted as follows:
3.40.072   Emergency Paid Sick Leave (EPSL)
A.   Policy. This policy complies with the Families First Coronavirus Response Act (FFCRA) to grant eligible employees protected leave for qualified reasons.
1.   Public employers are covered under the Emergency Paid Sick Leave Act (EPSLA) and will comply with the requirements of the EPSLA and advise employees if they meet the eligibility requirement.
2.   Employers are required to post and keep posted Form WH-1422: Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act in a conspicuous place that can readily be seen by employees and applicants alike, even if no employees are eligible.
3.   This policy is effective at 12:01 a.m. on April 1, 2020 and will remain in effect until 12:00 p.m. on December 31, 2020.  It does not apply retroactively.
 
B.   Eligibility.
1.   With exceptions, all employees are eligible for EPSL, regardless of their seasonal, temporary, etc., status. There is no length of service requirement.
2.   Emergency responders may be excluded from the provision of this policy. Each health care provider’s and emergency responder’s eligibility will be individually assessed. To minimize the spread of the virus associated with COVID-19, Churchill County will be judicious when using the definitions below to exempt health care providers and emergency responders from the provisions of the FFCRA. 
a.   An emergency responder is defined by the Department of Labor (DOL) as an employee who is necessary for the provision of transport, care, health care, comfort, and nutrition of such patients, or others needed for the response to COVID-19. This includes but is not limited to 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, child welfare workers and service providers, public works personnel, persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency, and individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility.
b.   Churchill County has exempted the following emergency responders from this policy: all sworn law enforcement personnel at the Sheriff’s Office and at Juvenile Probation, dispatchers, and juvenile detention staff. Other emergency responders who request EPSL will be considered on a case-by-case basis.
 
C.   Reasons for Leave. EPSL leave may be granted to an employee who is unable to work (or telework) due to a need for leave for any of the following reasons:
1.   The employee is subject to a federal, state, or local quarantine or isolation related to COVID-19. (The county’s election to reduce staffing levels due to COVID-19 does not qualify under this reason.)
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 seeking medical diagnosis.
4.   The employee is caring for an individual who is subject to an order of federal, state, or local quarantine or isolation related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
5.   The employee is caring for a minor child if the school or place of care of the child has been closed, or the childcare provider of such child is unavailable, due to COVID–19 precautions.
6.   The employee is experiencing any other substantially similar situation specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and Secretary of Labor.
 
D.   Leave Allotment.
1.   Full-time employees will receive up to 80 hours of paid sick leave.
2.   Part-time employees will receive the number of hours equal to the number of hours s/he works on average over two weeks.  If a part-time, seasonal, casual, or temporary employee works varying hours to such an extent that the county is unable to determine with certainty the number of hours the employee would have worked if leave had not been taken, the county will look at the average number of hours the employee was scheduled over the past six months; or if the employee had not worked the past six months, the county will use the reasonable expectation of the number of hours the employee would normally be scheduled to work.
 
E.   Compensation During Leave.
1.   Employees will receive 100% of their regular rate of pay for reasons related to the employee’s own quarantine, isolation, or symptoms of COVID-19 (items 1-3 above) up to a maximum of $511 per day.
2.   Employees will be compensated at 2/3 of their regular rate of pay for reasons related to the employee’s need to care for an individual who is isolated or quarantined, or to care for a minor child due to a school/childcare closure, or the employee is experiencing any other substantially similar situation (items 4-6 above) up to a maximum of $200 per day.
3.   Employees may substitute accrued paid sick leave for the pay not covered by the EPSL, but employers are prohibited from requiring this substitution. If an employee runs out of sick leave, the employee may substitute annual leave or comp time. When substituting accrued paid leave for the pay not covered by EPSL, the employee must comply with the county’s procedural requirements, terms, and conditions of the Sick Leave policy (Section 3.40.020) as appropriate; once accrued leave is depleted, the remainder of the leave period will then consist of unpaid leave for the pay not covered by EPSLA.
 
F.   Intermittent Leave. Employees may be able to take EPSL intermittently under the following conditions:
1.   Working at regular worksite: Employees may take EPSL leave intermittently while working at his/her regular worksite. The qualifying reason is solely because s/he is caring for a minor child if the school or place of care of the child has been closed, or the childcare provider of such child is unavailable, due to COVID–19 precautions. Intermittent leave may be taken in any increments agreed upon by the employer and employee. 
2.   Working remotely: Employees may take EPSL leave intermittently while teleworking if the employee is unable to work their telework schedule due to any qualified reason for EPSL. Intermittent leave may be taken in any increments agreed upon by the department head and employee. 
3.   Intermittent leave is not permitted for employees working at their regular worksite if the need for EPSL includes any of the other five qualifying reasons involving the employee’s own quarantine, isolation, or symptoms of COVID-19 or the employee’s need to care for an individual who is isolated or quarantined, or the employee is experiencing any other substantially similar situation. An employee who has begun EPSL for one or more of these five qualifying reasons must continue to take paid EPSL each day until the employee (1) exhausts the full amount of EPSL or (2) the qualifying reason for taking EPSL no longer exists.
 
G.   Notice of Leave. Employees needing leave under this policy shall complete the Emergency Paid Sick Leave Application Form as soon as practicable and submit to Human Resources.
 
H.   Certification of Leave. Employees requesting leave under this policy are to provide supporting documentation, such as:
1.   The employee’s name,
2.   The date(s) for which leave is requested.
3.   Qualifying reason for requesting leave, and
3.   
4.   Statement that the employee is unable to work, including telework, for that reason.
 
The employee must provide the following additional information to support specified reasons for leave:
•   Reason 1: The name of the government entity that issued the Quarantine or Isolation Order.
•   Reason 2: The name of the health care provider who advised the employee to self-quarantine due to concerns related to COVID-19.
•   Reason 4: Either the name of the government entity that issued the Quarantine or Isolation Order to which the individual being care for is subject; or the name of the health care provider who advised the individual being cared for to self- quarantine due to concerns related to COVID-19.
•   Reason 5: The name of the Son or Daughter being cared for; the name of the school, place of care, or childcare provider that has closed or become unavailable; and a representation that no other suitable person will be caring for the child during the period for which the employee takes EPSL leave.
 
I.   Continuation of EPSL. After the first workday (or portion thereof) an employee receives emergency paid sick leave under this policy, the county may require the employee to follow reasonable notice procedures in order to continue receiving such paid EPSL.
 
J.   Anti-Retaliation. An employee shall not be retaliated against for utilizing the leave described in this section. Any employee who believes s/he has been retaliated against in any manner whatsoever should immediately notify the EEO Officer or alternative EEO Officer. The county will promptly investigate and deal appropriately with any allegation of retaliation. In the event retaliation is substantiated, disciplinary action up to and including termination may be taken.
 
K. Interaction with Sick Leave Provisions. All provisions included in Section 3.40.020 of Title (Sick Leave) that are not covered in this policy apply.
 
SECTION 2.
Chapter 3.40.074  Emergency Family and Medical Leave (EFML), is hereby enacted as follows:
 
3.40.074   Emergency Family and Medical Leave (EFML)
   
A.   Policy. This policy complies with the Families First Coronavirus Response Act (FFCRA) to grant eligible employees protected leave for qualified reasons.
1.   Public employers are covered under the Emergency Family and Medical Leave Expansion Act (EFMLEA) and will comply with the requirements of the EFMLEA and advise employees if they meet the eligibility requirement.
2.   Employers are required to post and keep posted Form WH-1422: Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act in a conspicuous place that can readily be seen by employees and applicants alike, even if no employees are eligible.
3.   This policy is effective at 12:01 a.m. on April 1, 2020 and will remain in effect until 12:00 p.m. on December 31, 2020.  It does not apply retroactively.
 
B.    Eligibility.
1.   With exceptions, employees who have been employed by Churchill County for 30-calendar days are eligible for EFML. All employees meeting these qualifications qualify for EFML, regardless of their seasonal, temporary, etc., status.
2.   Emergency responders may be excluded from the provisions of this policy. Each emergency responder’s eligibility will be individually assessed. To minimize the spread of the virus associated with COVID-19, the county will be judicious when using the definitions below to exempt emergency responders from the provisions of the FFCRA.
a.   An emergency responder is defined by the Department of Labor (DOL) as 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 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, child welfare workers and service providers, public works personnel, persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency, and individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility.
b.   Churchill County has exempted the following emergency responders from this policy: all sworn law enforcement personnel at the Sheriff’s Office and at Juvenile Probation, dispatchers, and juvenile detention staff. Other emergency responders who request EFML will be considered on a case-by-case basis.
 
C.    Duration of Leave. Any eligible employee, as defined above, may be granted a total of 12 weeks of FMLA leave, including EFML during a 12-month period. This period is measured backward from the date an employee uses any FMLA leave, including EFML. A “week” is defined as a calendar week, regardless of the number of days the employee normally works. Twelve weeks does not entitle a part-time employee working three days a week to 60 leave days, but rather 12 weeks.
 
D.    Reasons for Leave. EFML may be granted for the following reason: The employee is unable to work or telework due to a need for leave to care for a son or daughter whose school or place of care has been closed, or the childcare provider is unavailable, for reasons related to COVID-19 only if no other suitable person is available to care for the son or daughter during the period of such leave.
 
E.    Compensation During Leave.
1.   The first two weeks of EFML will be unpaid leave unless the employee has accrued paid leave and is otherwise eligible to use the leave. Employees who are eligible for Emergency Paid Sick Leave (EPSL, see section 3.40.072) may elect to use EPSL during the first two weeks.
2.   Weeks three (3) through twelve (12) of EFML will be compensated at 2/3 the employee’s regular rate of pay, up to $200 a day and $10,000 in the aggregate. Employees may substitute accrued sick leave for the pay not covered by EFML, but employers are prohibited from requiring this substitution. If an employee runs out of sick leave, the employee may substitute annual leave or comp time.
3.   When substituting accrued paid leave for the pay not covered by EFML, the employee must comply with the county’s procedural requirements, terms, and conditions of the paid leave policy as appropriate; once accrued leave is depleted, the remainder of the leave period will then consist of unpaid leave for the pay not covered by EFML.
 
F.    Intermittent Leave. Employees may take EFML intermittently while working at the regular worksite or teleworking, and leave may be taken in any increments agreed upon by the employer and employee.
 
G.   Notice of Leave. An employee intending to take EFML shall complete the Emergency Family and Medical Leave Application Form as soon as practicable and submit to Human Resources.
 
H.   Certification of Leave. Employees are required to provide the following information and supporting documentation, such as:
1.   The employee’s name,
2.   The dates for which leave is requested,
3.   Qualifying reason for requesting leave, and
4.   Statement that the employee is unable to work, including telework, for that reason, and
a.   The name of the Son or Daughter being cared for;
b.   The name of the school, place of care, or childcare provider that has closed or become unavailable; and
c.   A representation that no other suitable person will be caring for the child during the period for which the employee takes EFML.
 
 
I.   Benefits Coverage During Leave.
1.   During a period of EFML, an employee will be retained on the county’s health plan under the same conditions that would apply if the employee was not on EFML.  To continue health coverage, the employee must continue to make any contributions that s/he would otherwise be required to make.  Failure of the employee to pay his/her share of the health insurance premium may result in loss of coverage.
2.   If the employee fails to return to work after the expiration of the EFML, the employee may be required to reimburse the county for payment of health insurance premiums during the leave, unless the reason the employee cannot return is due to circumstances beyond the employee’s control. The definition of “beyond the employee’s control” includes a large variety of situations such as:  the employee being subject to layoff; continuation, recurrence, or the onset of an FMLA-qualifying event; or the employee’s spouse’s unexpected worksite relocation of more than 75 miles from the current worksite.
3.   Employees will accrue annual leave for each regularly scheduled hour on paid leave.
 
J.   Anti-Retaliation. An employee shall not be retaliated against for utilizing the leave described in this section. Any employee who believes s/he has been retaliated against in any manner whatsoever should immediately notify the EEO Officer or alternative EEO Officer. The county will promptly investigate and deal appropriately with any allegation of retaliation. In the event retaliation is substantiated, disciplinary action up to and including termination may be taken.
 
K.   Interaction with FMLA. All provisions included in Section 3.40.070 of Title 3 (Family and Medical Leave) which are not covered in this policy apply.
 
DATED:  This ______ day of _____________, 2020.   
This Ordinance shall be effective upon approval.
         THOSE VOTING AYE:   ____________________________
                     ____________________________
                     ____________________________
         THOSE VOTING NAY:   ____________________________
                     ____________________________
                     ____________________________
 
         APPROVED:         ____________________________
                     H. PETER OLSEN, JR., Chair
                     Board of County Commissioners
 
 
 
ATTEST:
 
 
____________________________
Linda S. Rothery
Clerk of the Board