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Home My WebLink AboutResolutions - 2020.12.07 - 33960MISCELLANEOUS RESOLUTION #20636 December 7, 2020 BY: Commissioner Helaine Zack, Chairperson, Finance and Infrastructure Committee IN RE: HUMAN RESOURCES DEPARTMENT — COVID-19 TEMPORARY EMERGENCY LEAVE POLICY EXTENSION 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 issues due to COVID-19, the Board of Commissioners approved a Temporary Emergency Leave Policy ("Policy") with M.R. # 20334; and WHEREAS to qualify under the Policy the absence must be related to needs as a result of COVID-19, or an involuntary or voluntary furlough due to COVID-19; 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 the extension of benefits was allowed for any leave related to COVID-19 from March 23, 2020, through December 31, 2020; and WHEREAS the Human Resources Department is proposing to extend the Policy (with the exception of the Expanded FMLA) through March 31, 2021; and WHEREAS no additional funding or budget amendment is required at this time. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves to extend the COVID-19 Temporary Emergency Leave Policy through March 31, 2021. 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 Zack, District #18 Chairperson, Finance and Infrastructure Committee FINANCE AND INFRASTRUCTURE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. 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 March 31, 2021, the following guidelines have been updated: COVID-19 TEMPORARY EMERGENCY LEAVE POLICY Updated 12/07/2020 Employees who are unable to perform their assigned duties during the COVID-19 pandemic are eligible to use 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 (telecomrrute 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 off 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 must approve an employee's request for temporary emergency leave. Any disputes regarding a Department 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 date. 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. I I. 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 non -eligible 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. Any unused/remaining Emergency Leave Hours (NPH) must be used by March 31, 2021. EXPANDED FAMILY AND MEDICAL LEAVE Expanded FMLA is a Federal mandate that will expire on December 31, 2020 and will no longer be an option for eligible employees. 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 using unpaid leave must exhaust'/z of their accumulated leave banks from date of leave before using Administrative Leave Without Pay (ADM). 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) Please note. Employees must exhaust rL of their accumulated leave banks from date of leave before using Administrative Leave Without Pay. 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/Manager of Labor Relations 248-858-0539 or 248-459-3936 before returning to work. OTHER PROVISIONS A. Use of COVID-19 Temporary Emergency Leave is only available to be claimed during the time period covering the COVID-19 pandemic emergency. This policy expires at the conclusion of the COVID-19 pandemic emergency, or on its expiration date(s), whichever is sooner, but not later than March 31, 2021. B. There is no entitlement to the COVTD-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 Tabor 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 COVTD-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 or confirms and employee's basis for requesting COVID-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. 12/07/2020 Resolution #20636 December 7, 2020 Moved by Gingell seconded by Luebs the resolutions on the amended Consent Agenda be adopted. AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack, Gershenson. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted. "', ( L' FiEPaFESOLU 1 iON v MPPF+OVGTh41S ^E'IFF DE'UTY COUNTY EXECr1VE hf 'T4NG PURSUANT TO MGL 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 December 7, 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 Th day of December, 2020, Lisa Brown, Oakland County