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HomeMy Public PortalAbout05) 7B_EPSL Extension_Staff Report_Jan 31 2022ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM DATE:October 5, 2021 TO:The Honorable City Council FROM: Bryan Cook, City Manager Via: Susan Paragas, Administrative Services Director SUBJECT: APPROVAL OF EXTENSION OF THE CITY OF TEMPLE CITY EMERGENCY PAID SICK LEAVE (COVID-19) RECOMMENDATION: 1.The City Council is requested to approve an extension of the City of Temple City Emergency Paid Sick Leave (TCEPSL) policy, Administrative Policy Number 4.19, to January 31, 2022 for COVID-19 related absences (see Attachment ‘A’); and 2.Authorize the City Manager to sign Revision Number 1 of the TCEPSL policy. BACKGROUND: 1.On March 18, 2020, the President of the United States signed HR 6201 into law, otherwise known as the Families First Coronavirus Response Act (FFCRA) and was effective April 1, 2020 through December 31, 2020. This law provided this emergency paid sick leave and expanded paid leave under the Family and Medical Leave Act (FMLA) to its employees for COVID-19 related absences. 2.On April 1, 2020, the City of Temple City (City) provided EPSL under the Emergency Paid Sick Leave Act (EPSLA) and Expanded Family and Medical Leave (EFML) under the Emergency Family and Medical Leave Expansion Act (EFMLA) for eligible employees as required by the FFCRA from April 1, 2020 to December 31, 2020. 3.On December 31, 2020, the FFCRA, EPSLA and the EFMLA expired. 4.On March 19, 2021, the Governor of the State of California (State) signed Senate Bill 95 (SB95) which created a uniform, statewide policy to ensure employees have access to COVID-19 supplemental paid sick leave from January 1, 2021 through September 30, 2021. 5.On January 1, 2021, the City provided the original TCEPSL policy, to its eligible AGENDA ITEM 7.B. City Council October 5, 2021 Page 2 of 3 employees consistent with SB95 through September 30, 2021. ANALYSIS: The City is firmly committed to providing a safe and healthy workplace during the COVID-19 pandemic. Effective January 1, 2021 through September 30, 2021, the City implemented the TCEPSL policy to provide employees with information about and established guidelines for taking the TCEPSL. To be consistent with SB95, all current City employees, scheduled but unable to work or telework due to a qualifying reason for leave as listed below are eligible to take TCEPSL: 1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; 2. The employee has been advised by a health care provider to self-quarantine related to COVID-19; 3. The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis from a health care provider; 4. The employee has qualifying vaccine related incidents either when attending an appointment to receive a vaccine or the employee is experiencing symptoms of COVID-19 vaccine that prevents the employee from being able to work or telework; 5. The employee is caring for a family member, as defined in the TCEPSL policy, section VI.B.5, who is subject to a quarantine or isolation related to COVID-19; and 6. The employee is caring for a child as defined in TCEPSL policy, section VI.B.6, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 at the premises of the school or place or care. The TCEPSL policy also details the hours of the entitlement, compensation and the right of the City to request supporting documentation. SB95 leave entitlements expired on September 30, 2021 and the State has not extended the benefits. Staff is requesting approval from the City Council to extend the TCEPSL policy through January 31, 2022 to ensure the safety of the workplace so that eligible City employees are able to quarantine and isolate from the effects related to COVID-19. City Council October 5, 2021 Page 3 of 3 CITY STRATEGIC GOALS: The City Council is requested to approve the extension of the TCEPSL policy to further the City’s Strategic Goal to promote good governance. FISCAL IMPACT: The costs for any TCEPSL compensation can be funded with the allocation from the American Rescue Plan Act of 2021. ATTACHMENT: A. TCEPSL Policy-Revised TEMPLE CITY ADMINISTRATIVE POLICY CITY OF TEMPLE CITY Administrative Policy Policy Number: 4.19 Subject: Emergency Paid Sick Leave Effective Date: 01/01/2021 Last Modified: 10/05/2021 Approving Authority: City Manager Page 1 of 6 I. GENERAL POLICY The City of Temple City (City) is firmly committed to providing a safe and healthy workplace and to giving its employees the necessary tools. II. PROGRAM OBJECTIVES The City is implementing this policy to provide employees with information about and establish guidelines for taking the Temple City Emergency Paid Sick Leave. III. AUTHORITY The City Manager hereby adopts the Policy to assist in mitigating the spread of COVID- 19 by monitoring the guidance from local, state, and federal health officials and may alter or terminate this Policy at any time. IV. ASSIGNED RESPONSIBILITIES Employees who have questions regarding the Policy should contact their supervisor or the Director of Administrative Services. V. POLICY A. Families First Coronavirus Response Act (FFCRA) The Federal Families First Coronavirus Response Act (FFCRA) provided eligible employees with leave under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act and was effective April 1, 2020 through December 31, 2020. The City of Temple City (City) provided Emergency Paid Sick Leave (EPSL) under the Emergency Paid Sick Leave Act (EPSLA) and Expanded Family and Medical Leave (EFML) under the Emergency Family and Medical Leave Expansion Act (EFMLA) for eligible employees as required by the FFCRA from April 1, 2020 through December 31, 2020. The FFCRA, EPSLA and the EFMLA expired December 31, 2020. ATTACHMENT A Administrative Policy No. 4.19 Emergency Paid Sick Leave Page 2 B. The City of Temple City Emergency Paid Sick Leave (TCEPSL) To provide eligible employees paid sick leave consistent with Supplemental Paid Sick Leave under Senate Bill 95 (SB95), the City will provide the Temple City Emergency Paid Sick Leave (TCEPSL). This Policy and the TCEPSL were effective as of January 1, 2021 and terminated on September 30, 2021. Currently, there is no enactment of federal or state to extend a law, such as SB95, that the City determines provides similar leave. However, on October 5, 2021, the City Council of the City of Temple City authorized to extend this Policy and the TCEPSL through January 31, 2022. The TCEPSL is a City offered leave. Where deemed appropriate by the City, the City may consult additional definitions and other provisions governing the EPSLA set forth in the U.S. Department of Labor’s Wage and Hour Division regulations (29 C.F.R. 826, et seq.), available guidance from the U.S. Department of Labor, definitions and other provisions in SB95, and other available guidance and legal authority. VI. THE CITY OF TEMPLE CITY EMERGENCY PAID SICK LEAVE (TCEPSL) A. Eligibility All City Employees. All current City employees, scheduled but unable to work or telework due to a qualifying reason for leave as set forth in section VI.B., below, are eligible to take TCEPSL. B. Qualifying Reasons for TCEPSL. Employees meeting the eligibility requirements under section VI.A. may take TCEPSL for any of the following three qualifying reasons: 1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. An employee who is subject to a quarantine or isolation order may take TCEPSL for qualifying reason (1) only if, but for being subject to the order, the employee would be able to perform work that is otherwise allowed or permitted by the City, either at the employee's normal workplace or by telework. Please note, an employee subject to quarantine order following non-essential travel, as defined by the California Department of Public Health, does not qualify for TCEPSL. 2. The employee has been advised by a health care provider to self-quarantine related to COVID-19. An employee may take TCEPSL for qualifying reason (2) if a health care provider Administrative Policy No. 4.19 Emergency Paid Sick Leave Page 3 advises the employee to self-quarantine due to concerns related to COVID-19. 3. The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis from a health care provider. An employee may take TCEPSL for qualifying reason (3) if the employee is experiencing any of the following symptoms: fever; dry cough; shortness of breath; or any other COVID-19 symptoms identified by the U.S. Centers for Disease Control and Prevention. Any TCEPSL is limited to time the employee is unable to work because the employee is taking affirmative steps to obtain a medical diagnosis, such as making, waiting for, or attending an appointment for a test for COVID-19. 4. Vaccine Related Incidents. An employee may take TCEPSL for qualifying reason (4) if the employee is either: (a) attending an appointment to receive a vaccine for protection against contracting COVID-19; or (b) the employee is experiencing symptoms of COVID-19 vaccine that prevents the employee from being able to work or telework. 5. Family Members. An employee may take TCEPSL for qualifying reason (5) for either of the following qualifying reasons: (a) if the employee is caring for a family member, as defined below, who is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local health officer; or (b) if the employee is caring for a family member, as defined below, who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. Family Member means any of the following: a biological child, adopted child, foster child, stepchild, legal ward, a child to whom the employee stands in loco parentis, a biological parent, adoptive parent, foster parent, stepparent, legal guardian of an employee or the employee’s spouse or registered domestic partner, a person who stood in loco parentis when the employee was a minor child, a spouse, a registered domestic partner, a grandparent, a grandchild, or a sibling. 6. School or Place of Care Closure. An employee may take TCEPSL for qualifying reason (6) if the employee is caring for a biological child, adopted child, foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 at the premises of the school or place of care. Administrative Policy No. 4.19 Emergency Paid Sick Leave Page 4 C. Amount of TCEPSL Entitlement. 1. Full-Time Employee. Full time employees are entitled to 80 hours of leave under this Policy. An employee is considered to be a full-time employee if any of the following apply: a. The employee is normally scheduled to work at least 40 hours each workweek; b. If the average number of hours per workweek that the employee was scheduled to work, including hours for which the employee took leave of any type, is at least 40 hours per workweek over a period of time that is the lesser of: (a) the six-month period ending on the date on which the employee takes TCEPSL; or (b) the entire period of the employee's employment; or c. Notwithstanding subsection VI.C.1.b. of this Policy, an employee is also considered to be full time if the employee worked or was scheduled to work, on average, at least 40 hours per week for the City in the two weeks preceding the date of the employee’s COVID-19 leave under this Policy. 2. Part-Time Employee. An employee is considered to be a part-time employee if the employee is normally scheduled to work fewer than 40 hours each workweek. a. An eligible part-time employee who has a normal weekly schedule may take up to the number of hours of TCEPSL equal to the number of hours that the part- time employee is normally scheduled to work over two workweeks; or b. If an eligible part-time employee lacks a normal weekly schedule, the employee is entitled to: i. 14 times the average number of hours the employee worked each day for the employer in the six months preceding the date the covered employee takes leave under this Policy; ii. If the employee worked for the City less than six months, but more than 14 days, the calculation shall instead be made over the entire period the covered employee has worked for the City; or iii. If the employee works a variable number of hours and has worked for the City over a period of 14 days or fewer, the employee is entitled to the same number of hours the employee has worked for the City. D. Compensation. Employees taking TCEPSL for qualifying reasons set forth in section VI.B. above will be compensated at the required rate that was under SB95 or subsequently enacted federal or state law that City determines applicable to leave under Administrative Policy No. 4.19 Emergency Paid Sick Leave Page 5 this Policy. Subject to an increase in compensation amount under federal or state law, compensation for leave under this Policy will not exceed $511 per day and $5,110 in the aggregate for TCEPSL taken for qualifying reasons set forth in section VI.B. above. E. Use of TCEPSL with City Accrued Paid Leaves. If the City and the eligible employee agree, available accrued sick leave, floating holiday pay, vacation, compensatory time off and personal leave provided under City policy may be used to supplement pay under the TCEPSL up to the full amount of an employee’s regular compensation. F. Verification. The City reserves the right according to applicable law to require documentation supporting the requested leave. VII. GENERAL PROVISIONS A. No Carryover. TCEPSL will not be provided beyond the Expiration Date. Any unused TCEPSL will expire and not carry over beyond the Expiration Date or be paid out to employees. B. No Cash out. Employees are not entitled to be reimbursed or “cash out” unused TCEPSL upon termination, resignation, retirement, or other separation from City employment. C. Maintenance of Health Insurance of the Employee. An employee who takes TCEPSL will receive continued coverage under the City’s group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period, in keeping with the provisions set forth in the EPSLA and currently applicable law. D. Return to Work. In general, an employee who takes TCEPSL will be restored to the same or an equivalent position in keeping with the provisions set forth in the EPSLA, SB95, and currently applicable law. E. Prohibited Conduct. The City will not discharge, discipline, or otherwise discriminate against any employee because the employee appropriately takes TCEPSL or who files a complaint or institutes a proceeding under or related to the TCEPSL or who testifies in any such proceeding, in keeping with the provisions set forth in currently applicable law. Administrative Policy No. 4.19 Emergency Paid Sick Leave Page 6 Revision History Revision No. Date Approved Approved By: Comments 0 06/01/2021 Bryan Cook, CM Original Policy 1 Extension of Policy