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2020-07-21 Ex 08 (New Item Added)OF -0X C?�y F�rti O 9 MEMORANDUM TO: Mayor Watford & City Council DATE: July 21, 2020 THRU: City Attorney Fumero FROM: City Clerk/Personnel Administrato, Gamiotea & City Administrator Montes De Oca SUBJECT: Add to Jul 21 Agenda First Responder initial leave related to COVID-19 Due to an unforeseen issue requiring City Council approval, please consider adding this as New Business Item H, Exhibit 8 on tonight's agenda: The request is for the City Council to authorize Department Heads to approve up to two -weeks (80 -hours) Administrative Leave with Pay madno irs respon ers within their department, at -the Department Heads discretion, for circu- m-t�s specifically relatin toie*r exposure to the Coronavirus_ This authorization would be from July 1, 2020 through Decem er 31, 2020. --� Per Federal Law definition, first responders within the City are: all Law Enforcement Officers, Certified Firefighters, Dispatchers, Public Works Maintenance Operators, Lead Operators, and Foremen. The Federal Families First Coronavirus Response Act (FFCRA) provides this same coverage to all other City personnel but excludes first responders. This would allow Department Heads to make decisions they need to keep their employees safe and the department functioning. They will follow the guidelines established within the FFCRA (flyer copied on back) and the Okeechobee County Health Department. The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. These provisions will apply from April 1, 2020 through December 31, 2020. PAID LEAVE ENTITLEMENTS Generally, employers covered under the Act must provide employees: Up to two weeks (80 hours, or a part-time employee's two-week equivalent) of paid sick leave based on the higher of their regular rate of pay, or the applicable state or Federal minimum wage, paid at: • 100% for qualifying reasons #1-3 below, up to $511 daily and $5,110 total; • 2/ for qualifying reasons #4 and 6 below, up to $200 daily and $2,000 total; and • Up to 12 weeks of paid sick leave and expanded family and medical leave paid at % for qualifying reason #5 below for up to $200 daily and $12,000 total. A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period. ELIGIBLE EMPLOYEES In general, employees of private sector employers with fewer than 500 employees, and certain public sector employers, are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons (see below). Employees who have been employed for at least 30 days prior to their leave request may be eligible for up to an additional 10 weeks of partially paid expanded family and medical leave for reason #5 below. r- QUALIFYING REASONS FOR LEAVE RELATED TO COVID-19 An employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee: 1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; 2. has been advised by a health care provider to self -quarantine related to COVID-19; 3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; 4. is caring for an individual subject to an order described in (1) or self -quarantine as described in (2); ENFORCEMENT 5. is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons; or 6. is experiencing any other substantially -similar condition specified by the U.S. Department of Health and Human Services. The U.S. Department of Labor's Wage and Hour Division (WHD) has the authority to investigate and enforce compliance with the FFCRA. Employers may not discharge, discipline, or otherwise discriminate against any employee who lawfully takes paid sick leave or expanded family and medical leave under the FFCRA, files a complaint, or institutes a proceeding under or related to this Act. Employers in violation of the provisions of the FFCRA will be subject to penalties and enforcement by WHD. For additional information or to file a complaint: WAGE AND HOUR DIVISION 1-866-487-9243 UNITED STATES DEPARTMENT OF LABOR ' TTY: 1-877-889-5627 """° dol.gov/agencies/whd