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HomeMy WebLinkAboutResolution 2021-001 Adopting Amendments to The Temporary Personal Policy- Families First Coronavirus Response Act (FFCRA) MARANA RESOLUTION NO. 2021-001 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TEMPORARY PERSONNEL POLICY - FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) TO VOLUNTARILY EXTEND THE LEAVE BENEFITS THROUGH MARCH 31, 2021 WHEREAS Section 3-3-1 of the Marana Town Code provides that the Town Coun- cil 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 on March 17, 2020, the Town Council adopted Resolution No. 2020- 029, approving a temporary personnel policy regarding employee leave and telework during the COVID-19 pandemic, and authorizing the Town Manager to implement fur- ther revisions to the temporary policy, consistent with generally accepted principles of good personnel administration and with general legal principles, as necessary in re- sponse to the evolving nature of the emergency; and WHEREAS on March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was signed into law, which provides leave under the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFM- LEA) to assist employees during the Coronavirus Disease 2019 (COVID-19) global pan- demic, and is effective from April 1, 2020 through December 31, 2020; and WHEREAS effective April 1, 2020, in compliance with the federal law, the Town Manager implemented an Addendum to Temporary Personnel Policy Regarding Em- ployee Leave and Telecommuting, Temporary Personnel Policy - Families First Corona- virus Response Act (FFCRA); and WHEREAS on August 18, 2020, the Town Council adopted Resolution 2020-089 approving and ratifying the Temporary Personnel Policy -(FFCRA) with an expiration date of December 31, 2020; and Marana Resolution No.2021-001 - 1 - WHEREAS the COVID-19 pandemic continues to affect Town employees due to illness, quarantines, and school and childcare closures; and WHEREAS on December 18, 2020, the Town Manager amended the Temporary Personnel Policy - FFCRA to extend the policy through January 12, 2021; and WHEREAS the Mayor and Council find that approving and adopting amend- ments to the Temporary Personnel Policy - Families First Coronavirus Response Act (FFCRA) 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 - Families First Coronavirus Re- sponse Act (FFCRA) is hereby amended as set forth in Exhibit A attached to and incor- porated by this reference in this resolution, with deletions shown with strikeouts and additions shown with double underlining.. 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,consistent with generally accepted principles of good personnel administration and with general legal principles, as necessary in response to the evolving nature of the emergency. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 12th day of January, 2021. .111612.. Mayor Ed Honea MARANA AZ ATTE : e.%TAB 19/7 APPROVED AS TO FORM: `rei , . \ "cps( - Cherry L. Law.on, Town Clerk Jane Fairall, Town Attorney Marana Resolution No.2021-001 - 2 - Exhibit A to Marana Resolution No. 2021-001 MARANA AZ Addendum to Temporary Personnel Policy Regarding Employee Leave and Telework TEMPORARY PERSONNEL POLICY FAMILIES FIRST CORONAVIRUS RESPONSE ACT EFFECTIVE 4/1/20 — 3/31/211/12/21 Section 1 Policy A. In accordance with the Families First Coronavirus Response Act (FFCRA), the Town of Marana provides leave under the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) to assist employees during the Coronavirus Disease 2019 (COVID-19) global pandemic. B. This policy is effective from April 1, 2020 through March 31January 12, 2021. C. The provisions of this policy are not intended to conflict with or supersede federal law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with federal law, federal law shall control. D. If the FFCRA is not extended beyond December 3-1, 20 0, the terms of this policy will govern through January 12, 2021. Section 2 Definitions In this policy, the following terms shall have the following meanings: A. Child care provider: A provider who receives compensation for providing child care services on a regular basis. 1. Child care provider includes a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that is licensed, regulated or registered under state law and satisfies the state and local requirements. 2. The eligible child care provider need not be compensated or licensed if he or she is a family member or friend, such as a neighbor, who regularly cares for the employee's child. B. Emergency Paid Sick Leave: Paid leave under the Emergency Paid Sick Leave Act (EPSLA). C. Emergency responder: - 1 - 00069731.DOC/10 Exhibit A to Marana Resolution No. 2021-001 1. All commissioned Marana Police Department (MPD) law enforcement officers. 2. All personnel in the MPD Communications Division. D. Expanded Family and Medical Leave: Leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA). E. Place of care: A physical location in which care is provided for the employee's child while the employee works. The physical location does not have to be solely dedicated to such care. Examples include day care facilities, preschools, before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs. F. School: An elementary or secondary school. 1. "Elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education, as determined under state law. 2. "Secondary school" means a nonprofit institutional day or residential school, including a public secondary charter school that provides secondary education, as determined under state law, except that the term does not include any education beyond grade 12. G. Son or daughter: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or who is 18 years of age or older but is incapable of self-care because of a mental or physical disability. Section 3 [reserved] Section 4 Emergency Paid Sick Leave Act (EPSLA) A. Eligibility 1. All Town of Marana employees are eligible for Emergency Paid Sick Leave, with some exceptions for emergency responders. 2. Emergency responder eligibility a. Emergency responders are eligible for Emergency Paid Sick Leave for the reasons listed in Section 4(C)(1) through (4). b. Emergency responders' eligibility for Emergency Paid Sick Leave for the reasons listed in Section 4(C)(5) and (6) will be determined on a case-by-case basis taking into consideration the Department's operational needs. If emergency responders are granted leave for either of these reasons, the Town Manager or Department Head may revoke the leave at any time based on changing operational needs. B. Emergency Paid Sick Leave Entitlement 1. Eligible full-time employees are entitled to 80 hours of Emergency Paid Sick Leave for the period of April 1. 2020 through March 31. 2021calendar year 2020 and for that portio-r} of calcrar . ar 2021 that this- policy remains in effect. Employees will not receive a new allocation of 80 hours for calendar year 2021. 2. Eligible part-time employees are entitled to a number of hours equal to the number of hours that such employee works, on average, over a 2-week period - 2 - 00069731.DOC/10 Exhibit A to Marana Resolution No. 2021-001 for the period of April 1, 2020 through March 31, 2021 calendar year 2020 and for that portion of calendar ar 2-021 that this -pcIicy-remains in effect. Employees will not receive a new allocation of hours for calendar year 2021. C. Qualifying Reasons for Emergency Paid Sick Leave. Employees shall be permitted to use Emergency Paid Sick Leave when the 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 due to concerns related to COVID-19 or is subject to any order from the federal, state or local government requiring the employee not to leave the employee's residence. 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 a medical diagnosis. 4. The employee is caring for an individual who is subject to an order as described in subparagraph 1 of this paragraph or for an individual who has been advised as described in subparagraph 2 of this paragraph. 5. The employee is caring for their son or daughter if the school or place of care of the son or daughter has been closed, or the child care provider of the son or daughter is unavailable due to COVID-19 precautions. 6. The employee is experiencing any other substantially similar condition as specified by the United States Secretary of Health and Human Services. D. Compensation 1. For qualifying reasons listed in Section 4(C)(1) through (3), Emergency Paid Sick Leave is compensated at the same hourly rate and with the same benefits, including health care benefits, as the employee normally earns during hours worked. Payment shall not exceed $511 per day and $5,110 in the aggregate. 2. For qualifying reasons listed in Section 4(C)(4) through (6), Emergency Paid Sick Leave is compensated at 2/3 the amount described in subparagraph 1 of this paragraph. a. Payment shall not exceed $200 per day and $2,000 in the aggregate. b. An eligible employee may use any accrued vacation, MTO, sick, or compensatory leave for the remaining 1/3 of the employee's regular rate of pay to receive full pay while on Emergency Paid Sick Leave. 3. Part-time employees shall receive the pro-rated equivalent of this pay based on typical work schedule. Section 5 Emergency Family and Medical Leave Expansion Act (EFMLEA) A. Eligibility 1. All Town of Marana employees who have been employed by the Town for at least 30 calendar days are eligible for Expanded Family and Medical Leave, with some exceptions for emergency responders. 2. Emergency responders' eligibility for Expanded Family and Medical Leave will be determined on a case-by-case basis taking into consideration the Department's - 00069731.DOC/10 Exhibit A to Marana Resolution No. 2021-001 operational needs. If emergency responders are granted Expanded Family and Medical Leave, the Town Manager or Department Head may revoke the leave at any time based on changing operational needs. B. Expanded Family and Medical Leave Entitlement 1. Eligible employees are entitled to up to 12 weeks of Expanded Family and Medical Leave. 2. The employee must take the 12 weeks of Expanded Family and Medical Leave between April 1, 2020 and March 31January 12, 2021. 3. Any Expanded Family and Medical Leave taken by an employee will count towards the employee's 12-week FMLA leave entitlement as set forth in Section 4-7-4 of the Town of Marana's Personnel Policies and Procedures. C. Qualifying Reason for Expanded Family and Medical Leave. The employee is unable to work or telework due to a need to care for his or her son or daughter whose school or place of care has been closed, or whose child care provider is unavailable, for reasons related to COVID-19. An eligible employee has need to take Expanded Family and Medical Leave for the purposes of this paragraph only if no suitable person is available to care for his or her son or daughter during the period of such leave. D. Compensation 1. The first two weeks (or 80 hours) of Expanded Family and Medical Leave is unpaid leave. An eligible employee may elect to substitute Emergency Paid Sick Leave or any accrued vacation, MTO, sick, or compensatory leave for unpaid leave. 2. The subsequent ten weeks (or 400 hours) of Expanded Family and Medical Leave shall be paid at 2/3 of an employee's regular rate of pay. a. The 2/3 pay described in this paragraph shall not exceed $200/day and $10,000 in the aggregate. b. An eligible employee may use any accrued vacation, MTO, sick, or compensatory leave for the remaining 1/3 of the employee's regular rate of pay to receive full pay during Expanded Family and Medical Leave. 3. Part-time employees shall receive the pro-rated equivalent of this pay based on their typical work schedule. E. Return to Work. Employees returning from Expanded Family and Medical Leave are subject to the return to work provisions set forth in the Town of Marana's Personnel Policies and Procedures Section 4-7-18. Section 6 Intermittent Leave A. A Department Head may allow an employee to take up to the entire entitlement of Emergency Paid Sick Leave or Expanded Family and Medical Leave intermittently to care for the employee's son or daughter whose school or place of care is closed, or whose child care provider is unavailable, because of reasons related to COVID-19. If approved, the employee may take the intermittent leave in any increment of time agreed to by the Department Head and the employee. - 4 - 00069731.DOC/10 Exhibit A to Marana Resolution No. 2021-001 B. If a Department Head approves intermittent leave in accordance with this Section, the Department Head may revoke the approval at any time based on changing operational needs. C. An employee may not take Emergency Paid Sick Leave intermittently if the leave is taken for any of the reasons specified in Section 4(C)(1) through (4) or (6). Once the employee begins taking Emergency Paid Sick Leave for one or more of those reasons, the employee must use the permitted days of leave consecutively until the employee no longer has a qualifying reason to take Emergency Paid Sick Leave. - 5 - 00069731.DOC/10 Exhibit A to Marana Resolution No. 2021-001 REVISION HISTORY DESCRIPTION OF CHANGE DATE OR Original Release 4/1/2020 REV Revision 6/30/2020 REV Revision 8/5/2020 (Ratified by Council 8/18/2020 Resolution No. 2020-089) REV Revision 12/18/20 REV Revision (Approved by Council 1/12/2021 Resolution No. 2021-XXX) - 6 - 00069731 DOC/10 Exhibit A to Marana Resolution No. 2021-001 Caution: A copy of this Policy is an uncontrolled document. It is your responsibility to ensure you are using the current version. The electronic version is the only acceptable and controlled Policy. - 7 - 00069731.DOC/10