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HomeMy WebLinkAbout#5234 adopting additional personnel policies related to the coronavirus covid 19 RESOLUTION NO 5234 A RESOLUTION ADOPTING ADDITIONAL PERSONNEL POLICIES FOR THE CITY OF CANTON RELATED TO THE CORONAVIRUS/COVID-19 AND THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT WHEREAS, at the time of this Resolution, there exists a nationwide pandemic involving Coronavirus/CO V ID-19; WHEREAS, on or about March 18, 2020, and in response to said pandemic, President Donald J. Trump signed the Families First Coronavirus Response Act ("FFCRA") (P.A. 116- 127); WHEREAS, the FFCRA included an Emergency Paid Sick Leave Act and an Emergency Family and Medical Leave Expansion Act; WHEREAS, it is expected that the pandemic will continue to spread through the United States and world in the upcoming weeks; WHEREAS, the City Council of the City of Canton finds it to be in the best interests of the City of Canton to adopt policies incorporating portions of the FFCRA and to address personnel policies pertaining to the rapidly spreading Coronavirus/COVID-19; and WHEREAS, should any section or provision of this Resolution, or the adopted policies related thereto, be declared to be invalid, that decision shall not affect the validity of this Resolution, or the adopted policies related thereto, as a whole or any part thereof, other than the part so declared to be invalid; NOW, THEREFORE, be it resolved by the corporate authorities of the City of Canton the following: Section 1. The City of Canton - Coronavirus (COVID-19) Policies, substantially in their form as included as "Exhibit A"to this Resolution, are hereby ADOPTED. Section 2. The City Attorney, upon consultation with the Chairman of the Committee on Negotiation, Grievance and Personnel, is hereby authorized to enter into, such agreements, including memoranda of understanding, with the City's bargaining units in order to promote the provision of City services and the health and safety of the public and employees, to implement the policies adopted herein, or to otherwise comply with federal and state law and regulations. Section 3. The City Attorney, upon consultation with the Chairman of the Committee on Negotiation, Grievance and Personnel, is hereby authorized to modify, supplement, or otherwise amend the policies adopted by this Resolution in order to promote City services and the health and safety of the public and employees or to otherwise comply with federal and state law and regulations. Section 4. The City Attorney, upon consultation with the Chairman of the Committee on Negotiation, Grievance and Personnel, is hereby authorized to adjust any personnel policies (including those related to bargaining units) related to leave time, other benefits or terms and conditions of employment as are reasonably related to providing sufficient staffing, to promote City services and the health and safety of the public and employees, or to otherwise comply with federal and state law and regulations, during the term of any Local State of Emergency. Section 5. This Resolution shall be in full force and effect immediately upon the passage of this Resolution. PASSED THIS 7th day of April, 2020. AYES: Aldermen Ryan Mayhew, Quin Mayhew, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Justin Nelson NAYS: None ABSENT: None APPROVED THIS 7th day of April, 2020. 14— PtA1‘ AT EST: Kentvowel', Mayor Dian. '.vley-Rock! ity Clerk EXHIBIT A vC' Dort•. CITY OF CANTON- CORONAVIRUS (COVID-19)POLICIES ;eI CARON (As of: April 7, 2020) I. Family and Medical Leave Expansion A. Effective Dates: April 1, 2020—December 31, 2020. B. Qualing Leave: If an Covered Employee is unable to work (or telework) due to a need for leave to care for a son or daughter under 18 years of age of the Covered 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 an emergency with respect to COVID-19 declared by a Federal, State or local authorities (hereinafter "Qualifying Leave"). C. Covered Employees: All employees that have been employed by the City for at least thirty (30) days, excluding Dispatchers and Commissioned Officers of the City of Canton's Police and Fire Departments. D. Amount of Leave: Each Covered Employee shall be eligible to receive the FMLA for up to twelve (12) weeks. In addition to other permitted types FMLA Leave, the Covered Employee shall also have Qualifying Leave. The first (10) days of the Qualifying Leave shall be unpaid; however, the Covered Employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave during this ten (10) day period. After ten (10) days, the Covered Employee may be eligible to receive Paid Leave subject to the terms below. E. Paid Leave: After the initial ten (10) day period described above, and for each day of Qualifying Leave hereunder, the Covered Employee shall be paid two-thirds (2/3) of his or her regular rate of pay for the number of hours the Covered Employee would otherwise normally be scheduled to work. "Regular rate of pay" will be determined under 29 U.S.C. 207(e). Covered Employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the first two weeks of Paid Leave under this Section I. F. Limits: The Paid Leave permitted under this Section I will not exceed $200 per day or$10,000.00 in the aggregate. G. Notice: If a Covered Employee needs to take the Qualifying Leave described in this policy, then he or she shall notify their immediate supervisor as is practicable. The City encourages the Covered Employee to notify their immediate supervisor as soon as possible. Page 1 of 5 H. Effect on Other Benefits: Nothing in this Section I shall have any effect on other benefits available to an employee under their respective collective bargaining agreement or applicable personnel policy. H. Emer2encv Paid Sick Leave A. Effective Dates: April 1, 2020—December 31, 2020. B. Covered Employees: All employees employed by the City of Canton. C. Qualifying Reasons: (1) The employee is subject to a Federal, State, or local quarantine or isolation order due to concerns related to COVID-19; (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 (C)(1) or has been advised as described in subparagraph(C)(2) (5) The employee is caring for a son/daughter of such employee if the school or place of care of the son/daughter has been closed, or the childcare provider of such son or daughter unavailable, due to COVID-19 precautions. (6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in connection with the Secretary of the Treasury and the Secretary of Labor. D. Additional Sick Time: All full-time Covered Employees shall receive eighty(80) hours of additional sick time for Qualifying Reasons above and all part-time Covered Employees shall receive the number of hours equal to the number of hours the part-time Covered Employee works, on average, over a 2 week period, for the Qualifying Reasons above. E. Sick Time Pay (under this Section II): The Covered Employee will receive his or her full regular rate of pay for the number of hours the employee would normally work if the Additional Sick Time is taken for Qualifying Reasons (1)-(3). The Covered Employee will receive two-thirds (2/3) of his or her full regular rate of pay for the number of hours the employee would normally work if the Additional Sick Time is taken for Qualifying Reasons(4)-(6). "Regular rate of pay"will be determined under 29 U.S.C. 207(e). F. Limits: In no event shall the Additional Sick Time paid under this Section II exceed the amounts of(i) $511 per day and$5,110 in the aggregate for the Qualified Reasons (1)-(3)above; and(ii) $200 per day and$2,000 in the aggregate for the Qualified Reasons (4)-(6) above. Page 2 of 5 G. Termination: The Additional Sick Time granted under this Section II will terminate upon the Covered Employee's next scheduled work shift following the termination of the Qualifying Reason. H. Carryover(Non-Accumulation): The Additional Sick Time granted under this Section II shall not carry over(or accumulate) from 1 year to the next. It will expire on December 31, 2020. I. Effect on Other Benefits: Nothing in this Section II shall have any effect on other benefits available to an employee under their respective collective bargaining agreement or applicable personnel policy. The employee may use the Additional Sick Time for the Qualifying Reasons at anytime during the Effective Dates. III. Coronavirus/COVID-19 Procedures &Policies A. General Provisions i. Effective: April 1, 2020 ii. Covered Employees: All employees of the City of Canton (hereinafter "employee" or"employees"). B. Any employee who tests positive for the Coronavirus/COVID-19, or becomes ill with or displays symptoms of the Coronavirus/COVID-19, should notify their supervisor immediately and leave the workplace. Employees testing positive for Coronavirus/COVID-19 shall notify their supervisor as soon as practicable upon learning of such test results. Any medical information provided by employees will be kept confidential by the City; however, City administration, including department heads, may share the information as reasonably necessary to maintain a safe workplace. C. The City reserves the right to unilaterally order an employee home due to suspecting an employee has been exposed to Coronavirus/COVID-19, even without symptoms, or due to an employee displaying symptoms of the Coronavirus/COVID-19 that does not self-report. If an employee is ordered to leave the workplace under this Paragraph, and he or she is tested for Coronavirus/COVID-19 and tests negative, then the employee will be reimbursed for his or her regular time missed due to the City's order and until the test results are returned. If the employee tests positive, then the employee may apply his or her available sick time (including the Additional Sick Time for the Qualifying Reasons described above) missed due to the City's order. The City reserves the right to require the employee to obtain a doctor's note prior to returning to work. D. Any employee who has a fever of 100.4 or higher is required to remain at home until they are fever free (without fever reducing medications) for 72 HOURS and they then must remain at home for an additional 7 days after the 72-hour window. The employee may elect to use any accrued vacation leave, personal leave, or medical or sick leave during this period. Page 3 of 5 E. The City may ask employees regarding their possible symptoms, including fever, chills, coughing, shortness of breath and/or a sore throat. Any medical information provided by employees will be kept confidential by the City; however, City administration, including department heads, may share the information as reasonably necessary to maintain a safe workplace. F. The City may ask employees to take a temperature check for fever. Any results of taking an employee's temperature will be kept confidential; however, City administration, including department heads, may share the information as reasonably necessary to maintain a safe workplace. G. If an employee has traveled to areas determined to be associated with the Coronavirus/COVID-19 outbreak, the City may ask the employee for information related to his/her travel. The City may also require a returning employee to not return to the workplace until it is clear the employee does not display Coronavirus/COVID-19 symptoms. H. Should an employee be absent from work for any period of time, the City may inquire of the employee the reason for the absence, in order to determine if the employee may be infected by Coronavirus/COVID-19 or its related symptoms. The City, in its discretion, may also require a doctor's note to clear the employee of Coronavirus/COVID-19, prior to returning to work from an absence, even if the employee was absent less than three (3) days. The City may utilize screening procedures, such as questionnaires, including on a regular basis (e.g. daily), in order to assess whether an employee may be experiencing symptoms of the Coronavirus/COVID-19. Any such information provided by employees will be kept confidential by the City; however, City administration, including department heads, may share the information as reasonably necessary to maintain a safe workplace. J. Where practicable, the City may choose to have non-essential employees remain home, on call, with regular pay, during the Coronavirus/COVID-19 crisis. "On- call" employees shall remain available, by phone, to the City during normal business hours and for emergencies that may otherwise arise. The determination of "essential" versus "non-essential" personnel shall be in the City's sole discretion on a case-by-case basis. K. Some employees may be asked to telework. If that is the case, then that employee may be given a City funded cell phone and/or "hot spot," as needed and if possible. Being asked to be home and on-call is not the same as being home to "telework"where most of the employee's duties will be completed at home. L. The City reserves all managerial rights contained within its collective bargaining agreements, including but not limited to the exclusive right to unilaterally set regular hours, work shifts, workweeks, shift designations and all matters ancillary or relating thereto as the City's requirements or public safety may seem to require. Page 4 of 5 M. In the event any employee believes his or her supervisor is demonstrating symptoms of Coronavirus/COVID-19, and he or she feels uncomfortable confronting said supervisor about going home, the employee may report such symptoms to the Department Head (and in the event of the Department Head, the Mayor)without retaliation. N. In the event any employee notices that the necessary personal protective equipment ("PPE") for his/her respective department is running low, he or she shall immediately take action to notify his or her supervisor. Employees understand that the City will use its best efforts to maintain adequate PPE inventory to protect against the Coronavirus/COVID-19, as it is available. O. Failure to use PPE, when instructed by a supervisor and readily available to the employee, shall be grounds for discipline. P. In order to prevent the possible spread of Coronavirus/COVID-19, all full-time employees shall seek permission of his or her supervisor (and in the case of department heads, the Mayor) before working for any additional employer or governmental agency (e.g. a volunteer fire department). If the employee fears this will jeopardize the safety and operations of said agency or employer, then said employee shall notify his supervisor at the time of seeking permission. Q. All department heads shall immediately notify the City Clerk if an employee elects to or notifies of his or her intention to take FMLA leave, including, but not limited to, the Qualifying Leave described in Section I. The requesting employee, along with his or her department head, shall cooperate with the City Clerk to ensure all necessary FMLA forms are timely completed. R. All employees shall immediately advise their supervisor if there has been a known work-related exposure to Coronavirus/COVID-19. S. During the Coronavirus/COVID-19 crisis, the City will require thorough hand washing by employees and to exercise proper etiquette for coughing and sneezing (i.e. covering your mouth and nose)and disposal of tissue. T. All employees are also strongly encouraged to do the following: i. Clean hands often with an alcohol-based hand sanitizer or wash hands with soap and water for at least 20 seconds. Soap and water should be used if hands are visibly dirty; ii. Practice social distancing to the extent possible; iii. Use hand sanitizer frequently; iv. Eliminate handshakes,high-fives, etc.; v. Wear all proper PPE at all necessary times, as available and possible; and vi. Wear gloves when interacting with the public. THE CITY OF CANTON RESERVES THE RIGHT TO AMEND, REVOKE, AND/OR SUPPLEMENT ITS PERSONNEL POLICIES, INCLUDING THE POLICIES SET FORTH IN THIS DOCUMENT,ACCORDING TO APPLICABLE LAW. Page 5 of 5 EMPLOYEE ACKNOWLEDGEMENT This document acknowledges that I have been given a copy of the CITY OF CANTON- CORONAVIRUS(COVID-19)POLICIES(AS OF:APRIL 7,2020)(hereinafter the"Policy"). I understand that it is my responsibility and obligation to read and review the Policy carefully, to direct questions about the policy to my Immediate Supervisor, except as otherwise set forth in the Policy, and to be in full compliance with the Policy at all times. I also understand that the City of Canton reserves the right to amend, revoke, and/or supplement its personnel policies, including the policies set forth in the Policy, according to applicable law. Name: Date: