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HomeMy WebLinkAboutReports - 2023.12.07 - 40876 AGENDA ITEM: Healthy Workplace Policy DEPARTMENT: Human Resources MEETING: Board of Commissioners DATE: Thursday, December 7, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3614 Motion to approve the Healthy Workplace Policy, to be in effect until April 1, 2024. ITEM CATEGORY SPONSORED BY Policy Brendan Johnson INTRODUCTION AND BACKGROUND The Human Resources Department is presenting to the Board of Commissioners the Healthy Workplace Policy and authorizing Human Resources to secure Letters of Agreement with bargaining units. The policy creates expectations for healthy workplace practices that align with CDC guidelines, including isolation when there is a positive covid/flu test. The policy envisions a broader application of remote work for classifications that are eligible for that option in the case of a positive covid/flu test, and three (3) days of paid leave time for those employees in classifications required to work on-site, 100% in-person, who are positive for covid/flu. This policy proposes a sunset of April 1, 2024. POLICY ANALYSIS The Healthy Workplace Policy is designed to maintain a safe and healthy workplace. During peak COVID-19 and flu season, this policy would allow employees who do not have the option to work remotely (100% onsite) 3 additional sick days to preserve workplace safety. Documentation/evidence of a positive flu or COVID-19 test from a medical facility such as the Oakland County Public Health Division, doctor’s office, or urgent care is required to access additional paid days. Home tests are not accepted. Doctor’s notes are not accepted. These sick days must be used fully and consecutively, do not accrue, and are available per illness. Additionally, this policy encourages departments that do have a hybrid/remote work policy to allow symptomatic or positive for COVID-19/flu employees to work from home with exceptions to the Hybrid Work Policy as needed. Employees who are able to work remotely are not eligible for the 3 additional sick days. The effective date of the policy is upon adoption for non-represented classifications and for represented (union) classifications is from the date of a fully executed Letter of Agreement. The policy has a sunset of April 1, 2024. There is no direct financial impact estimated at this time. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Heather Van Poucker ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 12/7/2023 AGENDA DEADLINE: 12/07/2023 6:00 PM ATTACHMENTS 1. HR - BOC Healthy Workplace Memo 2. FINAL Healthy Workplace Policy Nov 28 2023 COMMITTEE TRACKING 2023-11-28 Legislative Affairs & Government Operations - Recommend to Board, with amended policy 2023-12-07 Full Board - Adopt Motioned by: Commissioner Brendan Johnson Seconded by: Commissioner Penny Luebs Yes: David Woodward, Penny Luebs, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault (11) No: Michael Spisz, Michael Gingell, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert (7) Abstain: None (0) Absent: (0) Passed OAKLAND COUNTY EXECUTIVE DAVID COULTER Sunil Asija, Director Human Resources 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | OakGov.com TO: David T. Woodward, Chairman of the Board of Commissioners Legislative Affairs and Government Operations Committee FROM: Sunil Asija, Director of Human Resources RE: Healthy Workplace Policy Recommendation DATE: November 13, 2023 COVID-19 (coronavirus/covid) and Influenza (flu) are highly contagious, fast-spreading, and can be extremely serious and in some cases, deadly. Those who are older or who have underlying health conditions are especially at risk. While these viruses spread throughout the year, Covid/flu season tends to peak between December and February i. Oakland County is committed to maintaining a healthy and safe workplace to protect our employees and to prevent service disruption that would result from widespread workplace illness. It is imperative that we remain vigilant, especially when infection rates are high during peak season to protect our employees, our departments and those we serve. We request the board adopt the attached Healthy Workplace Policy and authorize Human Resources to secure Letters of Agreement with bargaining units. The attached policy proposes a sunset of April 1, 2024. If this policy improves workplace safety, we may request it be adopted for each peak season. In summary, the policy creates expectations for healthy workplace practices that align with CDC guidelines, including isolation when there is a positive covid/flu test. The policy envisions a broader application of remote work for classifications that are eligible for that option in the case of positive covid/flu test, and an additional three days of paid time for those in classifications required to work on-site, in-person 100% who are positive for covid/flu. We believe this policy will provide the additional support (3 paid days) needed for 100% on-site employees to stay home and prevent the spread of these highly contagious and extremely dangerous illnesses while preserving their accrued time banks for their work/life balance. This policy envisions additional paid time off for 100% on-site classifications with specific requirements to ensure validity. Therefore, there will be no direct financial impact. i htps://www.cdc.gov/flu/about/season/index.html#:~:text=In%20the%20United%20States%2C%20flu%20season%20usually %20occurs%20in%20the,varies%20from%20season%20to%20season. Healthy Workplace Policy Effective Dates: NON-UNION, From date of adoption through April 1, 2024 UNIONS, From date of fully executed Letter of Agreement through April 1, 2024 Purpose & General Statement: Oakland County is committed to maintaining a healthy and safe workplace to protect our employees and to prevent service disruption. Highly infectious and extremely serious illnesses such as influenza (flu), Respiratory Syncytial Virus (RSV), and COVID-19 are the most contagious and have the highest risk for detrimental health outcomes. It is imperative that we remain vigilant, especially when infection rates are high during peak season to protect our employees, our departments and those we serve. This policy outlines expectations for mitigating risk associated with highly infectious and extremely serious illnesses in the workplace. It also provides guidelines for employees regarding time off, remote work options, and preventive measures to ensure the well-being of all. Oakland County has provided employees and supervisors with tools to create a healthy and safe workplace. It is the responsibility of all of us to ensure that we make health and safety a priority. Departments that can accommodate remote work, especially during peak season for spread, should do so. This will help support service continuity and productivity while mitigating the risk of serious illness in the workplace. Due to the nature of public service operations, it is not feasible for all classifications to work remotely. Departments retain the sole discretion to determine which classifications are eligible for a remote work option. The provisions of this policy are meant to encourage safe practices and make it easier for sick employees to stay home and stop the spread, while protecting the safety of the workplace, other employees, and the public we serve. Please work with your team, human resources, and the public health division to establish a healthy workplace plan that serves your operational needs while protecting everyone’s health. Managing Exposure: Employees who are exposed to flu, RSV, or COVID-19 are expected to follow the CDC guidelines for isolation and exposure, observe recommendations pertaining to masking and other safety precautions, and utilize the CDC isolation and exposure calculator to determine the timing of safety/mitigation measures. Managing Illness, Symptoms and Reporting: For everyone’s safety, employees are encouraged to stay home when sick with a contagious illness, or when experiencing symptoms of a contagious illness such as fever, sore throat, cough, vomiting, diarrhea, chills, and body aches. It is imperative that employees stay home when experiencing symptoms of highly infectious and extremely serious illnesses such as influenza (flu), RSV, and COVID-19, or if there is reason to believe you have flu, RSV, or COVID-19 and could be contagious. These illnesses are extremely contagious and have significant risk for detrimental outcomes for others. The most responsible course of action is to test for flu/RSV/COVID-19 and observe CDC guidelines for isolation and exposure. It is highly recommended that an employee diagnosed with the flu, RSV, or COVID-19 promptly inform close contacts, including co-workers, to ensure those exposed are monitoring symptoms and taking proper precautions. Employees with flu/RSV/COVID-19 must report their absence as they would any other absence due to illness. Management Right to Preserve Workplace Safety In most cases, employees will honor the intent of this policy and make decisions that protect others from serious highly contagious illnesses such as flu/RSV/COVID-19. However, should an employee come to work visibly ill with observable symptoms that suggest flu/RSV/COVID-19, a supervisor may send the employee home to preserve the safety of the workplace. Supervisors who intend to send an employee home may want to consult with Human Resources/ Employee & Labor Relations (248-459-3936 or woodr@oakgov.com) who will consult with Public Health staff about the symptoms observed that support the decision. If the employee in question works in a remote-eligible position, the employee may be required to work remotely until symptoms resolve or a negative test from a medical facility is provided. If the employee in question works in a 100% on-site designated position, the employee will have access to up to 3 NPH days to cover the time off if there is a positive test from a medical facility. Paid Time Off and use of remote work options: To maintain productivity, it is highly recommended that Departments with hybrid-designated classifications allow employees to work from home when symptomatic or positive for flu, RSV, or COVID- 19. Remote work arrangements should be made to accommodate the employee's health while ensuring the continuity of work tasks. Departments may choose to make temporary exceptions to their hybrid work plans to maintain productivity during spikes in serious contagious illnesses. For example, allowing a contagious person to work remotely more days than typically allowed in the department hybrid work plan to limit others’ exposure to serious contagious illness at work. Conversely, Departments may need to temporarily alter or suspend healthy employees’ hybrid/remote schedules to meet in-office staffing needs as the result of widespread illness. Those working remote who need to take time off to rest and recover from their illness must take time off from their current time off banks to cover any periods of non-productivity. Departments retain the sole discretion to determine which classifications are eligible for a remote work option. Paid Time Off for 100% on-site classifications: For departments with full-time classifications that are required to work 100% on-site, the County will allow up to three (3) full consecutive workdays of “NPH” paid time off for each incident of an employee’s illness with flu, RSV, or COVID-19. These days will be marked as NPH within the payroll system and will not be charged against employee time off banks. NPH days are available to cover some/all the time an employee must stay home due to their own active illness/required isolation. Documentation/evidence of a positive flu, RSV, or COVID-19 test from a medical facility such as the Oakland County Public Health Division, Doctor’s Office, Urgent Care is REQUIRED to access paid NPH days. Home tests are not accepted. Doctor’s notes are not accepted. If the test is negative, or documentation is not provided, the time off will be charged to the employee’s time off banks, or the employee may opt to take the time off as unpaid. It is the sole responsibility of the employee to provide suitable documentation to access NPH days. Due to the timing of payroll, employees may need to initially use leave banks to cover an absence. Once verified documentation of a positive test from a medical facility is received, up to 3 leave days will be restored and the time will be recorded as NPH. An employee may NOT code any time as NPH prior to uploading verified documentation of a positive test. Home tests are not accepted. Doctor’s notes are not accepted. It is the sole responsibility of the employee to provide suitable documentation to access NPH days. Departments retain the sole discretion to determine which classifications are eligible for a remote work option. Those in a remote-eligible position cannot access additional NPH days even if they normally work on-site. Remote-eligible employees are expected to work remotely, or use accrued paid off when it is unsafe to attend work in person due to illness. NPH time is not banked or accrued. It does not “carry forward” and there is no payout. It is available for each incident of COVID-19/flu/RSV evidenced with a positive test from a medical facility in accordance with this policy. Coordination with Family Medical Leave Act (FMLA) and Short-Term Disability (STD) Some serious health conditions may qualify for FMLA leave. For example, conditions requiring an overnight stay in a hospital or other medical care facility; or conditions that incapacitate the employee (for example, unable to work or attend school) for more than five consecutive days and that include ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care, such as prescription medication.) The County’s short-term disability plan may provide income protection for medically related absences exceeding five days. Oftentimes a qualifying STD claim will run concurrently with FMLA, and vice versa. Contact Human Resources if you believe an absence due to flu/RSV/COVID-19 may qualify as FMLA or if you need short-term disability. Flu, RSV, and COVID-19 Vaccination: Employees are strongly encouraged to receive an annual flu, RSV (as indicated), and COVID-19 vaccination. Oakland County provides free flu and COVID-19 vaccines to all full and part-time employees at its public health clinics. All County health insurance plans provide 100% coverage for vaccinations. Preventive Measures: Employees are expected to observe safety practices to prevent transmission of contagious illnesses in the workplace including frequent hand washing, covering mouth and nose when coughing or sneezing, avoiding close contact with others and wearing a mask if you are not feeling well or have reason to believe you may have been exposed to a person with flu, RSV, or COVID-19. All employees are strongly encouraged to wear masks during times of high transmission. Face masks, hand sanitizer, tissues, and disinfectant wipes will be provided throughout the workplace. Enhanced cleaning protocols will be implemented, focusing on high-touch surfaces and common areas, during times of high transmission. Departments requiring additional disinfecting should contact Facilities Maintenance to place a work order. Return-to-Work Criteria: Employees may return to work following flu, RSV, or COVID-19 infection based on the CDC isolation and exposure calculator. Employees are required to follow CDC guidelines for isolation and exposure upon return, including CDC recommendations pertaining to masking and other safety precautions. Employees with a positive flu test may return to work 24 hours after their fever is gone without the use of fever-reducing medications, or after symptoms have improved, at least 4-5 days after flu symptoms started, in conformance with CDC guidelines. Employees with a positive RSV test may return to work 24 hours after symptoms have improved, typically 3 to 8 days after RSV symptoms started, in conformance with CDC guidelines. Existing union contract language and department requirements pertaining to “return-to-work” documentation apply to absences addressed within this policy. Confidentiality and Respect: Employees' health information should be kept confidential. Co-workers are expected to respect each other's privacy and refrain from discussing colleagues' health conditions. However, employees are also expected to demonstrate care and courtesy for their colleagues by notifying their supervisor of any close contacts in the workplace if they have exposed them to flu/RSV/COVID-19. FAQs: How do I turn-in my positive flu/RSV/COVID-19 test? Email a copy to hr-records@oakgov.com or need help? Contact your Central Records Clerk for assistance. Who is responsible to know CDC guidelines for isolation and exposure? We all are. How do I know if I need to wear a mask or isolate? Check CDC guidelines for isolation and exposure. How do I know how many days to isolate or wear a mask? CDC guidelines for isolation and exposure. What do I do if I haven’t had a test, but I am symptomatic? STAY HOME, get tested, and follow CDC guidelines for isolation and exposure. Who can I talk to about my symptoms? Contact your doctor’s office with questions about your health. Do I have to wear a mask? Follow CDC guidelines for isolation and exposure. Do I have to be vaccinated? No. Who qualifies for the additional NPH time? Full-time employees working in a classification designated as 100% on-site who submit verified documentation of a positive flu, RSV, or COVID-19 test from a medical facility. If I work remotely, why don’t I get the additional NPH time? NPH time is intended to protect the physical workplace by making it easier for 100% on-site staff to stay home and protect others if they are sick with flu/RSV/COVID-19. Employees with the option to work remotely can protect the physical workplace by working remotely. Those who are 100% on-site cannot exercise that option. Where do I go for a test? The health division, your doctor, urgent care, other medical facility. What happens if stay home and my test comes back negative? You can use accrued time from any bank to cover your time away from work or take the time as unpaid. What happens if I don’t turn in my test results that are positive? You can use accrued time from any bank to cover your time away from work or take the time as unpaid. My child has COVID-19, and I need to stay home with her/him/them. Do I get NPH days? No. NPH days are available for an employee’s illness only subject to the requirements in this policy. Please use accrued time off, and/or FMLA, and/or unpaid time to care for a family member. If I’m COVID-19 positive and only use 2 NPH days, can I get 4 days next time I’m COVID-19 positive? No. NPH is not banked or accrued. Can I use a partial NPH day? No. NPH time = up to 3 full consecutive workdays. I stayed home Thursday and Friday and I have a positive COVID-19 test. The CDC calculator says I can return to work in a mask on Monday. Do I get my third NPH day Monday? No. Up to 3 full consecutive NPH are available per illness. I stayed home Thursday and Friday and I have a positive COVID-19 test. The CDC calculator says I can return to work in a mask on Tuesday. Do I get my third NPH day Monday? No. Up to 3 full consecutive NPH are available per illness. Use accrued paid time off to cover Monday or take the time unpaid. I was out for 3 workdays and had a positive COVID-19 test. My department usually requires a doctor’s note to return to work after 3 days off for illness. Do I need to provide that? Yes. Existing rules for return- to-work following illness still apply. Do I get to cash out unused NPH time? No. NPH time is not banked or accrued, therefore there is nothing to cash out. Do I get to carry forward unused NPH time? No. NPH time is not banked or accrued, therefore there is nothing to carry forward. For timekeepers, how do I code these sick days? NPH What do I do if they don’t turn in their test results? The employee may use accrued time from any bank to cover the time away from work or take the time as unpaid.