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HomeMy WebLinkAboutResolutions - 2022.01.20 - 35199fro,AKLANDF COUNTY MICHIGAN BOARD OF COMMISSIONERS January 20, 2022 MISCELLANEOUS RESOLUTION #22-006 Sponsored By: Kristen Nelson IN RE: Human Resources - Resolution for a COVID-19 Temporary Emergency Leave Policy Extension Chairperson and Members of the Board: 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. 420334, and an extension to this policy with M.R. #20636; 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 Human Resources Department is proposing to extend the Policy (with the exception of the Expanded FMLA) and provide an additional 40 hours of Temporary Emergency Leave to all full-time employees and an additional 20 hours of Temporary Emergency Leave to all part-time, non -eligible employees to use in case of illness or school/daycare closures, effective upon Board of Commissioners approval through June 30, 2022; and WHEREAS no additional funding is required at this time and any required overtime due to department staffing requirements will be monitored. NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves extending the COVID-19 Temporary Emergency Leave Policy from January 1, 2022, through June 30, 2022. BE IT FURTHER RESOLVED that no budget amendment is required at this time. Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Kristen Nelson. 6z,-, d Date: January 20, 2022 David Woodward, Commissioner Hilarie Chambers, Deputy County Executive II Date: January 26, 2022 Date: February 2, 2022 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-01-11 Legislative Affairs & Government Operations - recommend to Board 2022-01-20 Full Board VOTE TRACKING Motioned by Commissioner Michael Gingell seconded by Commissioner Penny Luebs to adopt the attached Resolution: for a COVID-19 Temporary Emergency Leave Policy Extension. Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller Ill, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (19) No: None (0) Abstain: None (0) Absent: (0) The Motion Passed. ATTACHMENTS 1. HR - COVID 19 Additional NPH hours for 2022 2. HR - COVID 19 Temporary Emergency Leave Policy Revised 12-28-2021 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 Thursday 20, 2022, 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 on Thursday, January 20, 2022. Lisa Brown, Oakland County Clerk/Register of Deeds 4 , O'AKLANDFr� COUNTY MICHIGAN OAKLAND COUNTY EXECUTIVE DAVID COULTER HUMAN RESOURCES April Lynch, Deputy County Executive December 20, 2021 Due to the surge in COVID-19 cases, the County Executive would like to extend and additional 40 hours of Temporary Emergency Leave (NPH hours) to all full-time employees and an additional 20 hours of Temporary Emergency Leave to all part-time, non -eligible employees to use in case of illness or school/daycare closures. The Resolution requesting the additional Temporary Emergency Leave hours will be presented to the Oakland County Board of Commissioners on January 20, 2022. The hours will not be available until final approval by the Board. In order to utilize the temporary emergency leave option, employees will be required to provide verification of a positive COVID-19 test, or verification of school/daycare closure. These additional hours will be added to any remaining NPH hours an employee has. 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. These hours will be available through June 30, 2022. 2100 Pontiac Lake Road I L. Brooks Patterson Building 41 W I Waterford, MI 48328 1 Fax (248) 452-9172 1 OakGov.com 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 11 2020 through June 30, 2022, the following guidelines have been updated: COVID-19 TEMPORARY EMERGENCY LEAVE POLICY Updated 1/01/2022 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 (telecommute or telework), self -quarantine, self -isolation, symptoms associated with the COVID- 19 virus (by the employee or a member of the employees household), the need to care for an immediate family member, or the impact of school, childcare, or elder care closures. In order to utilize the emergency leave option, employees will be required to provide verification of a positive COVID-19 test for themselves or those residing in their household from a physician or medical facility such as an urgent care (at home/rapid tests are not acceptable); OR verification of a school/daycare/elder care closing specifically due to COVID-19. Verification must be submitted to Labor Relations via email (Lgh)rRelation_s!1VmA_gov.com.) or by fax at (248) 975-9774. 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 one week (40 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. Should an employee have emergency leave hours remaining from the original 80 hours FTE/40 hours PTNE provided at the beginning of the Pandemic, these 40 hours will be in addition to any remaining NPH hours the employee has. 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 one week (20 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 one -week period. The additional Emergency Leave Hours will be added to any unused/remainine Emergency Leave Hours (NPH) and will expire on or before June 30, 2022. EXPANDED FAMILY AND MEDICAL LEAVE Expanded FMLA is a Federal mandate that expired on December 31, 2020 and is no longer be an option for eligible employees. ADMINISTRATIVE LEAVE WITHOUT PAY Administrative Leave Without Pay will be evaluated by HR/Labor Relations on a case -by -case basis for use in extreme circumstances. 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.) Administrative Leave Without Pay (attendance code ADM) Please note: Employees must exhaust 1/2 of their accumulated leave banks from date of leave before using Administrative Leave Without Pay and use must be approved by HR/Labor Relations. 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 Labor Relations 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 June 30, 2022. 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 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. 12/28/2021