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HomeMy WebLinkAboutResolution 2020-029 Approving a Temporary Personnel Policy Regarding Employee Leave & TelecommutingMARANA RESOLUTION NO. 2020-029 RELATING TO PERSONNEL; APPROVING A TEMPORARY PERSONNEL POLICY REGARDING EMPLOYEE LEAVE AND TELECOMMUTING WHEREAS Section 3-3-1 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration which the Council may modify or change from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999, which have been amended from time to time; and WHEREAS the United States government declared a National Emergency related to the COVID-19 pandemic on March 13, 2020; and WHEREAS the Town Council finds that a temporary personnel policy regarding employee leave and telecommuting options in response to the COVID-19 pandemic is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, THAT: SECTION 1. The temporary personnel policy regarding employee leave and tel- ecommuting, as set forth in Exhibit A attached to and incorporated by this reference in this resolution, is hereby adopted. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, ob- ligations, and objectives of the aforementioned temporary policy. The Town Manager is specifically authorized to implement further revisions to the temporary policy, con- sistent with generally accepted principles of good personnel administration and with general legal principles, as necessary in response to the evolving nature of the emergen- cy. Marana Resolution No. 2020-029 - I - PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 17th day of March, 2020. Mayor Ed Honea ATTEST: APPROV D AS TO FORM: Cherry L. Law on, Town Clerk r nk sidy, Town ttorj MARANA AZ ESTABLISHED 1977 Marana Resolution No. 2020-029 - 2 - EXHIBIT A TO MARANA RESOLUTION NO. 2020-029 Ij-, '_ ► ___ —I,— TEMPORARY PERSONNEL POLICY REGARDING EMPLOYEE LEAVE AND TELECOMMUTING Policy In response to the pandemic coronavirus disease 2019 (COVID-19), the Town of Marana will temporarily remove some restrictions upon the use of employee leave and leave donation in certain circumstances and clarify imposed leave policy. This policy is designed to proactively promote responsible citizenship by ensuring that symptomatic employees and potentially exposed employees stay home and to encourage social distancing, when possible, and to accommodate the impact of school and childcare closures while ensuring that Town operations continue. Section 1 Duration of Temporary Policy This temporary policy shall remain in force and effect for as long as the Town Manager deems it appropriate, based upon information provided by public health officials regarding the duration of the pandemic COVID-19 outbreak. Section 2 Coordination with Personnel Policies and Procedures A. To the extent that this temporary policy conflicts with the provisions of the Town of Marana Personnel Policies and Procedures, the provisions of this temporary policy shall govern during the time that this temporary policy is in force and effect. When this temporary policy is withdrawn by the Town Manager, the applicable provisions of the Personnel Policies and Procedures shall once again govern employee leaves. B. All provisions of the Personnel Policies and Procedures that are not in conflict with this temporary policy shall remain in full force and effect throughout the duration of this temporary policy. Section 3 Use of Leave during a Public Health Emergency A. Employees are expected to not report to work in any of the following circumstances: _ 1 _ 00068946.DOC /1 EXHIBIT A TO MARANA RESOL UTION NO. 2020-029 E. The Town may extend or shorten the 14 day period of imposed leave based on advice from medical professionals or the Pima County Department of Health, or test results. Section 4 Vacation Leave A. Eligible employees shall be permitted to use vacation leave as the leave is accrued and shall not be required to wait until they have completed 180 days of employment as mandated by Section 4-1-5(A) of the Personnel Policies and Procedures, provided that the vacation leave is being used in lieu of MTO leave or sick leave. Eligible employees shall be able to use vacation leave time accrued in the same pay period as it is earned. B. Employees must have exhausted all accrued MTO leave and sick leave to be eligible to use vacation leave pursuant to this policy. C. Employees requesting vacation leave pursuant to this policy must indicate on the employee leave request that the vacation leave is being taken in lieu of MTO leave or sick leave. Section 5 Sick Leave In addition to the reasons listed in Section 4-2-3 of the Personnel Policies and Procedures, eligible employees shall be permitted to use sick leave for imposed leave due to potential exposure or return from travel to one of the countries or areas with a CDC Level -3 Travel Health Notice. If an employee is unable to come to work due to mandatory school closures or childcare closures, the employee shall contact their direct supervisor. The supervisor, in conjunction with the Department Director and Town Manager's Office, shall determine whether sick leave will be approved by examining whether essential services can be maintained in light of imposed leave and other absences. Section 6 Managed Time Off (MTO) Leave In addition to the reasons listed in Section 4-3-6(A) of the Personnel Policies and Procedures, eligible employees shall be permitted to use unplanned MTO for more than two days for imposed leave due to potential exposure or return from travel to one of the countries or areas with a CDC Level -3 Travel Health Notice. More than two days of MTO time can be used in conjunction with vacation and compensatory time for this purpose. If an employee is unable to come to work due to mandatory school closures or childcare closures, the employee shall contact their direct supervisor. The supervisor, in conjunction with the Department Director and Town Manager's Office, shall determine whether MTO leave will be approved by examining whether essential services can be maintained in light of imposed leave and other absences. -3 _ 00068946. DOC /1 EXHIBIT A TO MARANA RESOLUTION NO. 2020-029 Section 11 Town -Assigned Administrative Leave With Pay The Town Manager has the administrative authority to assign an employee to administrative leave with pay. If an employee is on Town assigned Administrative Leave with Pay, the employee shall be available by phone and/or email and, if applicable, shall telecommute or do other assigned work. If required to maintain essential functions, Administrative Leave with Pay can be rescinded and the employee is expected to return to work. Section 12 FMLA The Human Resources Department must be notified when an employee is absent for more than three days so that it can be determined if the employee has a serious health condition that falls under the Family and Medical Leave Act (FMLA). FMLA is not automatic for the pandemic influenza or virus. As defined under the FMLA, a "serious health condition" requires inpatient care or a period of incapacity for more than three consecutive calendar days and any subsequent treatment. This includes care for eligible family members. The Human Resources Department is the only Town department authorized to render a decision on a serious health condition. Decisions will be made on a case-by-case basis. If a serious health condition does not exist, then further verification may be waived. If it is determined that the employee has a serious health condition, FMLA leave may apply and the requirement for requesting a doctor's certificate cannot be waived. In all cases involving more than three days of absence, the department must continue to notify Human Resources staff following normal procedures. Section 13 Non -Discrimination When implementing this policy, the Town of Marana will not discriminate on the basis of race, color, religion, national origin, age, sex, disability, veteran's status, sexual orientation, or results of a genetic test received by the Town, when applicable. Section 14 Privacy Privacy rules apply to information regarding the employee and family members to include the medical condition of the employee and/or family member. The Americans with Disabilities Act (ADA), FMLA and the Health Insurance Portability and Accountability Act (HIPPAA) laws protect medical information from being shared without the employee's express and written consent. Employees should contact the Human Resources Department with questions regarding this and other leave policies. -5 _ 00068946.DOC /1