HomeMy WebLinkAboutResolutions - 2020.08.20 - 33597MISCELLANEOUS RESOLUTION. #20334 ' August 20, 2020
BY, Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee ,
IN RE: HUMAN RESOURCES DEPARTMENT — COVID-19 TEMPORARY CHILD CARE FLEXIBILITY
LEAVE POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in an effort to provide flexibility for departments to address employees who may be
experiencing childcare issues due to COVID-19, the Human Resources Department is proposing a
Temporary Child Care Flexibility Leave Policy ("Policy"); and
WHEREAS to qualify under the new Policy the absence must be related to childcare needs as a result of
COVID-19, or an involuntary or voluntary furlough due to COVID-19; and
WHEREAS an extension of benefits will count for any leave related to COVID-19 as of March 23, 2020;
and
WHEREAS qualifying leaves referenced in the Policy must be approved by the employee's department as
well as the Human Resources Department; and
WHEREAS the Policy allows departments and employees flexibility regarding work schedules/work hours
that meet the Policy criteria and will require employees to sign an agreement that overtime will be
calculated based on over 40 hours per week, and
WHEREAS no additional funding or budget amendment is required at this time, but the impact of the
Families First Coronavirus Response Act Family Medical Leave Act leave option referenced in the Policy
will need to be monitored during the Policy period, and
WHEREAS this Policy will be in effect through December 31, 2020,
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the
COVID-19 Temporary Child Care Flexibility Leave Policy effective August 21, 2020.
BE IT FURTHER RESOLVED that this Policy will remain in effect through December 31, 2020.
BE IT FURTHER RESOLVED that no budget amendment is required at this time.
Chairperson, on behalf of the Finance and Infrastructure Committee, I move the adoption of the foregoing
resolution.
Commissioner Helaine Za District #18
Chairperson, Finance and Infrastructure
Committee
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote
401AKLANDF-
COUNTY MICHIGAN OAKLAND COUNTY EXECUTIVE DAVID COULTER
HUMAN RESOURCES
April Lynch, Deputy County Executive
To: Dave Woodward, Chairman of the Board
Oakland County Commissioners
From: April M. Lynch, Deputy County Executive
Date. August 13, 2020
Re: COVID-19 Temporary Child Care Flexibility Leave Policy
As you know, the County has been addressing the impacts of COVID-19 with our employees since March
2020. We have focused on providing policies to address workplace safety, sick leaves, protocols and the like,
throughout these last few months with an effort to support our employees through this pandemic.
As Fall quickly approaches, almost 50% of our workforce has school aged children. Currently, 26 of 28 school
districts within Oakland County will be providing a virtual experience or hybrid of both virtual and in -class for
school options in September. For those that are providing in -class experiences, should the State of Michigan
return to Phase 3 all schools will be required to go 100% virtual.
To support our employees who are struggling with options in the Fall, we wanted to provide flexibility within
our departments to work with our employees as they manage this monumental task of addressing the Fall
school year. As we started working with departments it became apparent that we needed to adjust some of
standard protocols to allowfor creative work solutions for both the departments and employees. It also became
clear that every department will have different needs and will need flexibility in the area of leave opportunities
for their staff.
Given this Information, attached is a COVID-19 Temporary Child Care Flexibility Leave Policy that will remove
some barriers for extended leaves and flexible scheduling for departments. I look forward to presenting this to
the Finance Committee as well as the Board of Commissioners on Thursday, August 20, 2020.
If you have any further questions regarding this policy, please contact me at 248-858-1558 or
lynchap@oakgov.com.
2100 Pontiac Lake Road I L Brooks Patterson Building 41W I Waterford, MI 48328 1 Fax (248) 452-9172 1 OakGov corn
COVID-19 Policy Regarding Extended Leave for Child Care Issues
Effective through August 20, 2020 - December 31, 2020
COVID-19 Temporary Child Care Flexibility Leave Policy
In an effort to provide flexibility for departments to address employees who may be experiencing
childcare issues due to COVID-19, the County is implementing the following policy through December3l,
2020.
To qualify under the new Policy a County employee must meet the following parameters:
• Any absence must be related to childcare needs as a result of COVID-19; and or an involuntary or
voluntary furlough due to COVID-19.
• Be authorized to work a reduced schedule and not meet the definition of full-time employees
due to COVID-19. This does not apply to permanent layoffs.
• The leave must be an authorized and approved leave by the department and Human Resources.
An extension of benefits will count for any leave related to COVID-19 as of March 23, 2020 and includes
the following:
• Full healthcare benefits with continued employee bi-weekly contributions toward the monthly
premiums.
• Employees will not have to pay the full monthly premiums if on leave without pay for more than
30 days. Benefit dates and seniority dates will not be affected.
• Contributions to retirement will be prorated to the amount of hours worked.
• Leave banks will accrue based on the amount of hours worked.
Leave options available for childcare issues related to COVID-19 are as follows, but not limited to:
• FFCAR FMLA: 10 weeks; 2/3 pay, must supplement with leave banks (please see policy).
*Please note that employees deemed emergency responders as defined by the Department of Labor
are exempt from this option.
• Unpaid leave (must have exhausted % leave banks from date of leave before going unpaid).
• Leave utilizing all leave banks.
• Flexible or reduced schedules.
• Involuntary furlough as determined by department, may qualify for unemployment.
• Voluntary furlough as mutually agreeable by employee and department (may qualify for
unemployment) Please note that voluntary furloughs may only be offered if there is a curtailment
of work.
• Any other creative work arrangements will be entertained with approval by the Deputy County
Executive that oversees the Human Resources Department.
Edited: 8/13/2020
Please note that all leave options will require the approval of the department and Human Resources.
Many factors will play into the approval process and these leave options are not guaranteed.
For those who qualify for the FFCAR FMLA, FMLA must he taken prior to any other leaves. Reduced
schedules will coincide with intermittent FMLA.
Temporary Calculation of Overtime Adjustment
In addition to providing flexible leave options, until December 31, 2020, the County will provide the
flexibility of departments and employees who may need to work flexible work hours. This will provide
over time after 40 hours a week rather than 8 hours per day. To allow for the overtime adjustment the
following parameters must be met:
• The adjusted schedule is due to COVID-19
• Both the employee and department must agree to the new schedule
• Employee will be required to sign an agreement that overtime will be calculated based on over
40 hours per week
*An example of a flexible schedule may be three 12- hour days
If you have any questions regardingthese policies please contact Julie Fisher, Manager of Labor Relations
at 248-858-0539.
Edited: 8/13/2020
Upon recommendation from the Health Officer and Oakland County Executive David Coulter, as well as direction from
the Department of Labor's Families First Coronavirus Response Act's paid leave guidelines in effect April 1, 2020 through
December 31, 2020, the following guidelines have been updated:
COVID-19 TEMPORARY EMERGENCY LEAVE POLICY Updated 4/07/2020
Employees who are unable to perform their assigned duties during the COVID-19 pandemic are eligible to ase COVID-19 temporary emergency
leave This includes, but is not limited to, employees who are unable to perform their assigned duties due to: the inability to work remotely
(telecomnrute or telework), self -quarantine, self -isolation, symptoms associated with the COVID-19 virus (by the employee or a member of the
employee's household), the need to care for an immediate family member, or the impact of school, child care, or elder care closures, or the
employee or a member of the employee's household falls into one of the categories identified by the CDC as being high risk for serious
complications from the pandemic COVID-19 virus.
In order to utilize the emergency leave option, employees may be required to attest to their need for the time oft and its relation to the COVID-
19 virus pandemic in a manner specified by the County and/or their Division or Department Director
Department Directors most approve an employee's request for temporary emergency leave. Any disputes regarding a Deportment Director's
decision should be submitted, in writing to Labor Relations for final review and determination Any employee deemed not eligible for emergency
leave will still be subject to all applicable County annual, personal and unpaid leave policies and procedures as well as potential disciplinary
actions for violations of such policies.
Please be advised that Oakland County's Administrative Staff will be monitoring the current emergency crisis. These guidelines may be revised,
as necessary based on new recommendations and updates from the Center for Disease Control (CDC), the Oakland County Health Officer, and
other governing authorities.
The County is temporarily allowing paid emergency leave for full-time employees and qualifying part-time, non -eligible employees impacted
by the COVID-19 pandemic as follows:
Full-time employees
A. Emergency Leave is paid at 100% of an employee's current straight -time rate of pay for up to two weeks (40 hours per week, maximum
hours to be paid 80 hours).
B. Benefits continue during emergency leave.
C. All normal benefit contributions will be deducted from an employee's bi-weekly payroll check.
D, Employees will continue to accrue vacation time while on Emergency Leave,
E. Emergency Leave does not impact an employee's benefit dale.
F. Emergency Leave may be used intermittently with approval of the Department Director and Human Resources/Labor Relations.
However, access to emergency leave time is temporary and will cease at the conclusion of the pandemic, and/or as directed by the
Oakland County Health Officer and Labor Relations.
G, Approved Family Medical Leave Act (FLMA) Leave will run concurrently with Emergency Leave.
11. If the employee is not eligible for FMLA leave or FMLA benefits are exhausted, the employee may still be eligible for Emergency Leave
time.
Part-time nomeligible employees:
A. Emergency Leave is paid at 100% of an employee's current straight time rate of pay for up to two weeks (20 hours per week,
maximum hours to be paid 40 hours).
B. The number of hours of leave that the employee is eligible for is based on the number of hours the employee works on average
over a two week period.
EXPANDED FAMILY AND MEDICAL LEAVE
Expanded Family and Medical Leave allows an employee to take paid sick leave for the first ten days of that leave period, or the employee may
substitute anv accrued leave time they have in their banks, For the following ten weeks the employee will be paid at an amount no less than 2/3
of their regular rate of pay for the hours they would normally be .scheduled to work. However this amount will not exceed $200 per day or
$12,000 for twelve weeks that include both paid sick leave and expanded family and medical leave when you are on leave to care for their child
whose school or place of care is closed, or child care provider is unavailable due to COVID-19 related reasons.
Please note that employees can only receive the addrhonal ten weeks of expanded family and medical leave under the Emergency Family and
Medical Leave Expansion Act for leave to care for their child whose school or place of care is closed, or child care provider is unavailable, due
to COVID-19 related reasons.
Further, please take note that first responders as defined by the Department of Labor are exempt from the Extended Family Medical Leave
ADMINISTRATIVE LEAVE WITHOUT PAY
To assist employees who may need to be off during this time, rules related to Administrative Leave without pay (ADM) have been changed as
follows:
Employees can use ADM in single -hour increments and/or in fractions -of -an -hour that are no smaller than 1/4 of one hour.
Employees can use over 30 days of ADM in a month.
Employees will not be responsible for any health-care premium costs, with the exception of their regular, bi-weekly contributions.
REQUESTING TIME OFF
Employees may request to use any combination of the following to cover absences during the pendency of the COVID-19 pandemic
COVID-19 Temporary Emergency Leave (attendance code NPH)
Accrued paid leave available to the employee (Vacation, Personal, Floating, etc.)
Up to 960 hours of Administrative Leave Without Pay (attendance code ADM)
An employee will be required to submit a separate, COVID-19 Leave Request Form (available on the Telegraph/Coronavirus Portal) to their
department head for approval, if the leave is related to the COVID-19 pandemic.
RETURNING FROM LEAVE
Employees who are off for three (3) or more consecutive days during the COVID-19 pandemic will be required to obtain a clearance through
Julie Fisher/Supervisor of Labor Relations 248-858-0539 or 248-770-5467 before returning to work.
OTHER PROVISIONS
A. Use of COVID-19 Temporary Emergency Leave is only available to be claimed during the lime period covering the COVID-19 pandemic
emergency. This policy expires at the conclusion of the COWD-19 pandemic emergency, or on its expiration date(s), whichever is sooner,
but not later than December 31, 2020
B. There is no entitlement to the COVID-19 Temporary Emergency Leave after the conclusion of the COVID-19 pandemic emergency
C. COVID-19 Temporary Emergency Leave does not accrue and may not be rolled -over or combined into other types of leave.
D. Exceptions to the Emergency Leave policy may be sought in extreme cases by submitting a written request to Labor Relations
E. This policy may be modified or extended at any time, as needed by the County Executive in response to the unique and evolving
circumstances of the COVID-19 emergency pandemic.
F. Each department has unique operational needs, therefore extended leave may not be applicable and disputes on approval will need to
go through Labor Relations,
G. Oakland County reserves the right to request documentation that supports m confirms and employees basis for requesting COVED -19
Temporary Emergency Leave. Employees who provide false or misleading information to support their request for leave may be subject
to discipline up to and including dismissal.
H. This Policy Statement supersedes all prior versions.
4/07/2020
Resolution #20334 August 20, 2020
Moved by Zack seconded by McGillivray the resolution be adopted. — —
Discussion followed.
Moved by Taub seconded by Weipert the resolution be amended as follows:
Insert the following language after the 5h WHEREAS:
WHEREAS all employees who may experience childcare issues due to COVID-19, whether they
are union or non-union or management may participate; and
Discussion followed.
Vote on amendment:
AYES: Kuhn, Middleton, Spisz, Taub, Weipert, Gingell, Hoffman. (7)
NAYS: Jackson, Kowall, Long, Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles,
Woodward, Zack, Gershenson. (13)
A sufficient majority not having voted in favor, the amendment failed.
Vote on resolution, as presented:
AYES: Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell,
Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolution, as presented, was adopted.
"A_,ks (?4 LA,.,,,
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANTTO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 20,
2020, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac.
Michigan this 20th day of August, 2020.
Lisa Brown, Oakland County