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HomeMy WebLinkAbout2020 Emergency Family and Medical Leave Expansion ActDocument ID Revision Effective Date March 2^ '^'^ Review( sufficier Signatui CM OF SEBASTL HOME OF PELICAN ISLAND Title Emergency Family and Medical Leave Expansion Act Prepared By: Cynthia Watson, HR Director, Asst. Admin Srvs Dir Reviewed By: Ken Killgore, CFO, Administrative Services Director Legal Review by Manny Anon, Jr. Approved By Paul Carlisle, City Manager Print Date March 25, 2020 Date Prepared March 20, 2020 Date Reviewed March 20, 2020 Date Reviewed March 2.1'2020 Date A9provyd EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT A new federal law called the "Emergency Family and Medical Leave Expansion Act" takes effect April 1, 2020. The Act provides for paid emergency family leave in limited circumstances, as well as paid sick leave for people affected by COVID-19 the respiratory disease caused by the coronavirus. It amends the FMLA, 29 U.S.C. 2611, et. seq. and consists of an expansion of the reasons for the use of Family Medical Leave. However, it does not provide an additional 12 weeks for the separate reason of public health emergency. The Act provides for an effective date of April 1, 2020 through December 31, 2020. A. DEFINITION 1. Eligible Employee — means an employee who has been employed for at least thirty (30) days by the employer. 2. Employer Threshold — fewer than 500 employees 3. Qualifying Need Related to a Public Health Emergency — means employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency. I�;i�11/:M11Ci�y:11;�1Yi � a a �II:�J� 1. Unpaid Leave for Initial ten (10) days - The first 10 days an employee takes leave under this policy may be unpaid. An employee can elect to substitute accrued vacation, personal or sick leave for unpaid leave. However, the employer may not require an employee to do so. 2. Paid Leave for Subsequent Days — After the 10 1h day, for the remainder (10 weeks) of the 12 weeks of leave, Employers must pay employees at least 2/3 of the employee's regular rate of pay or the number of hours the employee would otherwise be normally scheduled to work. In no event shall such paid leave exceed $200 per day and $10,000 in the aggregate. Lill Lr SEBASTL HOME OF PELICAN ISLAND 3. Varying Schedule Hours Calculation - For employees with variable hours each week, paid leave would be equal to the average number of hours that the employee was scheduled per day over the six month period ending on the date on which the employee takes such leave. If the employee did not work over a six month period, the reasonable expectation at the time of hiring would apply which would be equal to the average number of hours per day that the employee would normally be scheduled to work. 4. An employee is required to provide notice where foreseeable and practicable 5. Restoration To Position — Employers make reasonable efforts to restore the employee to a position equivalent to the position the employee held when the leave commenced, with equivalent employment benefits, pay, and other terms and conditions of employment. However, if the position no longer exist due to economic conditions or other changes in operating conditions of the Employer that affect employment and caused by a public health emergency, then the employer must make efforts to return the employee to work for up to a year following the employee's leave. EMERGENCY PAID SICK LEAVE ACT A. IN GENERAL - The employer shall provide to each employee, employed by the employer, paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because of the following categories: 1. Has been ordered by the government to quarantine or isolate because of COVID-19. 2. Has been advised by a health care provider to self -quarantine because of COVID-19. 3. Has symptoms of COVID-19 and is seeking a medical diagnosis. 4. Is caring for an individual who is subject to an order as described in reason for use (1) or has been advised as described in reason for use (2). 5. Caring for a child of such employee if the school or place of care of the child has been closed, or the child care provider of such child is unavailable, due to COVID-19 precautions. 6. Is experiencing substantially similar conditions as specified by the secretary of health and human services, in consultation with the Secretaries of Labor and Treasury. B. PAID SICK LEAVE 1. For categories 1, 2, and 3 above (Employee's own COVID-related condition), employers must pay an employee at their regular rate. See Section C. Categories 1, 2 and 3 are capped at $511.00 per day and $5,110 in aggregate. 2. For categories 4, 5, and 6 above (caring for another and "substantial similar conditions"), employers must pay an employee at least two-thirds the employee's regular rate of pay described in Section D I through 3. Categories 4, 5 and 6 are capped at $200 per day and $2,000 in aggregate. 3. There is no carryover to the following year. �m Of l4rTL "�AN HOME OF PELICAN ISLAND 4. Employees are entitled to emergency paid sick leave regardless of how long the employee has been employed by the employer. C. AMOUNT OF HOURS — The amount of hours of paid sick time to which an employee is entitled shall be as follow: 1. Full time employees — An employee will be paid 80 hours at the regular rate of pay. 2. Part-time employees — An employee will receive a number of hours equal to the number of hours that such employee works, on average, over a 2-week period, calculated over the past six months or the reasonable expectation at the time hired if less than 6 months. D. REOUIRED COMPENSATION - Employee's required compensation shall not be less than the greater of the following: 1. The employee's regular rate of pay. 2. The minimum wage rates in effect under section 6(a) (1) the Fair Labor Standards Act of 1938. 3. The minimum wage rate in effect for such employee in the applicable State of locality, whichever is greater, in which the employee is employed. E. PROHIBITIONS - Employers cannot: 1. Require an employee to use other paid leave before using the paid sick time provided in the new legislation. 2. Require an employee to find a replacement to cover his or her scheduled work hours. 3. Retaliate against any employee who takes leave in accordance with the act. 4. Retaliate against an employee who files a complaint or participates in a proceeding related to the act ---including a proceeding that seeks to enforce the act. F. INTERPLAY WITH LAWS AND POLICIES - Nothing in the Act shall be construed to in any way diminish the rights or benefits that an employee is entitled to under any other Federal, State, or local law; Collective Bargaining Agreement or Existing employer policy. G. NOTICE - The City may require the employee to follow reasonable notice procedures to continue receiving the benefit after the first workday that an employee receives paid sick time under the act. an LY SEA HOME OF PELICAN ISLAND EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT Name Date I choose to be paid for the first 10 days as follows (Number 1 through 4 with 1 being your first choice): Sick - Vacation - Personal - No Pay - I choose to receive the additional 1/3 of my pay as follows (Number 1 through 4 with 1 being your first choice): Sick - Vacation - Personal - No Pay - Signature Date Please attach closure information from Daycare, School, etc. Cln .V SET" HOME OF PELICAN ISLAND EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT I have received and understand the Emergency Family and Medical Leave Expansion Act. Signature Print Name Date