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HomeMy WebLinkAbout041320_ra03Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator Erin Lundgren, Clerk of the Board/Human Resources Manager DATE: April 13, 2020 SUBJECT: DISCUSSION and POTENTIAL ACTION re: RESOLUTION NO. re: In the Matter of Adopting a Second Temporary County Policy Based on Emergency Response to the COVID-19 Pandemic STATEMENT OF ISSUE: As a temporary measure to protect public health and County employees under the declared State of Emergency for COVID-19, the proposed resolution adopts a second temporary County policy based on emergency response to the COVID-19 Pandemic. ANALYSTS_ The proposed resolution adopts a second temporary County policy for limited period of time from April 25 through May 4, 2020, or for as long as the Governor's Stay Home — Stay Healthy Order is in effect (the temporary period of the public health emergency). Specifically, the policy authorizes the following: 1) Continued telecommuting; 2) Temporary expanded use of employer provided sick leave; 3) Continued temporary sick leave advancement for employees who have no sick leave available to them and who have exhausted all other accrued paid leave; 4) Consideration of the leave options provided for in the Federal Families First Coronavirus Response Act (FFCRA); and 5) Delegation of authority to the County Administrator to issue interpretations of how these policies and the leave policies of the County's Personnel Administration Manual shall be administered by the County, including Elected Officials and department Directors. The County is prepared to negotiate the impacts of this policy with our employee unions as may be requested. RECOMMENDATION: Approve the proposed resolution adopting a Second Temporary County policy based on Emergency Response to the COVID-19 pandemic. VIE 1 BY Philip Morl "y, :C)o Nty AdministraU* --' Date COUNTY OF JEFFERSON State of Washington In the Matter of Adopting a Second } Temporary County Policy Based on } RESOLUTION NO. Emergency Response to the COVID-19 } Pandemic I WHEREAS, on February 29, 2020, Governor Jay Inslee declared a State of Emergency in all Counties in Washington State to due to the public health emergency caused by the COVID-19 virus; and WHEREAS, on March 10, 2020, the Jefferson County Health Officer issued a Public Health Order to control and prevent the spread of the COVID-19 virus; and WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak of COVID-19 to be a pandemic; and WHEREAS, on March 16, 2020, the Jefferson County Board of Commissioners approved a Declaration of Emergency due to the COVID-19 Pandemic; and WHERAS, on March 23, 2020, Governor Jay Inslee signed a proclamation (20-25) declaring that a State of Emergency continues to exist in all Counties in Washington State due to COVID-19; and that his prior proclamations are amended and superseded by a Proclamation to impose a Stay Home — Stay Healthy Order throughout Washington State, which prohibits all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business, within the limitations provided in Proclamation 20-25; and WHEREAS, on March 23, 2020, the Jefferson County Board of Commissioners approved a Resolution Temporarily Limiting Access to County Buildings and Offices through April 24, 2020, due to the COVID-19 Pandemic; and WHEREAS, on March 23, 2020, the Jefferson County Board of Commissioners approved a Resolution Adopting a Temporary Policy for a Limited Period of Time to Grant "Emergency Paid Administrative Leave"; Authorize Telecommuting; and Authorize Sick Leave Advancement for employees due to the COVID-19 Pandemic through April 24, 2020; and WHEREAS, on April 2, 2020, Governor Jay Inslee extended through May 4, 2020, his Stay Home — Stay Healthy Order throughout Washington State, which prohibits all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business, within the limitations provided in Proclamation 20-25; and Page 1 of 5 WHEREAS, on April 13, 2020, the Jefferson County Board of Commissioners approved a Resolution Extending the Order Temporarily Limiting Access to County Buildings and Offices due to the COVID-19 Pandemic through May 4, 2020 or for as long as the Governor's Stay Home — Stay Healthy Order is in effect; and WHEREAS, Chapter 38.52 RCW vests emergency powers in the Board to take extraordinary measures for the preservation of public health and to relieve loss, hardship, and suffering; and WHEREAS, the severity of the situation demands that the Board take measures to protect the public and County employees from further transmission of COVID-19 in Jefferson County; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Jefferson County Commissioners that Policies 1-5 below shall be in effect from April 25, 2020 through May 4, 2020 or for as long as the Governor's Stay Home — Stay Health Order is in effect (the temporary period of the public health emergency): 1. TELECOMMUTING: During the temporary period of the public health emergency and whenever possible, healthy County employees may be allowed to work from home or another authorized location, if practical, before being allowed to use sick leave. Accordingly, Elected Officials and Department Directors may take steps to assign employees to work in an isolated fashion, driving an individually assigned vehicle or piece of equipment with no passengers and avoiding close contact with others, or to maximize the assignment of employees to work from locations other than their County workplace, including their homes. Elected Officials and Department Directors are authorized to develop alternate work schedules to enhance social distancing and address other public health recommendations during the period of the public health emergency. Telecommuting employees may be provided with county -owned equipment to perform their job duties or may be authorized to use their own equipment subject to configuration by Central Services IT. Telecommuting FLSA covered employees shall observe all normal workhours, lunches and breaks as required by State and Federal laws. All telecommuting employees will comply with all normal safety requirements related to their work. 2. TEMPORARY EXPANDED USE OF EMPLOYER PROVIDED SICK LEAVE: During the temporary period of the public health emergency, Elected Officials and Department Directors may approve the use of employer provided sick leave for the specific reasons listed below which may be in addition to the reasons provided for in the Jefferson County Personnel Administration Manual or otherwise required by State law. This applies to employees, including those employees in their trial period: a. Who are sick or are taking care of someone who is sick; b. Who have been exposed to an individual suspected or confirmed to have COVID- 19 and it has been recommended by an Elected Official, Department Director or health care professional that the employee be in isolation or quarantine; Page 2 of 5 c. Who have to care for a child when their child's school or place of care has been closed due to COVID-19; d. Who are at higher risk of getting very sick from COVID-19 (60 years -old and older, have underlying health issues, or are pregnant); or, e. Who are ordered not to come to their workplace by federal, state or local government officials or so advised by a health care professional, even though they are not sick. 3. TEMPORARY SICK LEAVE ADVANCEMENT: During the temporary period of the public health emergency, Elected Officials and Department Directors may approve up to ten (10) days of sick leave advancement for employees who have no sick leave available to them and who have exhausted all other accrued paid leave, and all other conditions are reasonable to such negative accrual. This applies to employees, including those employees in their trial period: a. Who are sick or are taking care of someone who is sick; b. Who have been exposed to an individual suspected or confirmed to have COVID- 19 and it has been recommended by an Elected Official, Department Director or health care professional that the employee be in isolation or quarantine; c. Who have to care for a child when their child's school or place of care has been closed due to COVID-19; d. Who are at higher risk of getting very sick from COVID-19 (60 years -old and older, have underlying health issues, or are pregnant) and who request an accommodation; or, e. Who are ordered not to come to their workplace by federal, state or local government officials or so advised by a health care professional, even though they are not sick. Advanced accrual of up to ten (10) days of sick leave balance will be repaid either through future positive accruals at normal accrual rates or with a deduction from final employment payments should an employee leave County service for any reason when their sick leave account remains negative. 4. FEDERAL FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA): During the temporary period of the public health emergency, Elected Officials and Department Directors shall consider the use of leave specifically authorized by the new FFCRA. In addition to the policies above, under the new federal FFCRA, which is in effect from April 1, 2020 through December 31, 2020, employees may be eligible for paid sick leave and expanded family and medical leave for specific reasons related to COVID-19. FFCRA includes Emergency Paid Sick Leave and Expanded Family and Medical Leave, which are summarized below. In the application of FFCRA, the regulations of the U.S. Department of Labor controls. Page 3 of 5 Emergency Paid Sick Leave: • In addition to sick leave benefits the employer already provides to employees, eligible full-time employees are entitled to up to 80 hours. • Eligible employees who work a part-time or temporary schedule are entitled to be paid based on the average number of hours the employee worked for the six months prior to taking this leave. • Eligible employees who have worked for less than six months prior to taking leave are entitled to be paid based on the average number of hours the employee would normally be scheduled to work over a two-week period.) • Eligible employees receive 100% of pay up to $511 daily and $5,110 total for qualifying reasons #1, #2, or #3 below. • Eligible employees receive 2/3 pay up to $200 daily and $2,000 total for qualifying reasons #4, #5, or #6 below. Expanded Family and Medical Leave: • Eligible employees who have been employed for at least 30 days prior to their leave request may be eligible for up to 12 weeks of family and medical leave. • The first ten (10) days is unpaid, but employees are allowed to use their emergency paid sick leave or any other accrued leave they may have. • Eligible employees receive 2/3 pay up to $200 daily and $10,000 total for qualifying reason #5 below. Oualifying 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 is: 1. Subject to a Federal, State, or local quarantine or isolation order related to COVID-19; 2. Advised by a health care provider to self -quarantine due to concerns related to COVID-19; 3. Experiencing COVID-19 symptoms and is seeking a medical diagnosis. 4. Caring for an "individual" who is subject to an order described in (1) or a self - quarantine as described in (2) above; 5. Caring for the employee's child under age 18 due to the closure of the child's school or unavailability of the child's childcare provider due to COVID-19 related reasons; or, 6. Experiencing any other substantially similar condition specified by the U.S. Department of Health and Human Services. 5. DELEGATION OF AUTHORITY TO COUNTY ADMINISTRATOR TO ISSUE INTERPRETATIONS. Federal and state law is in a state of flux as the federal and state government move to address the COVID-19 emergency. Accordingly, during the temporary period of the public health emergency, the County Administrator is hereby delegated authority to issue interpretations as needed of how these Policies and the leave Page 4 of 5 policies of the Jefferson County Personnel Administration Manual shall be administered by the County, including Elected Officials and Department Directors, during the temporary period of the public health emergency to ensure efficient use of resources and compliance with federal and state law. APPROVED AND ADOPTED this day of , 2020. SEAL: ATTEST: Carolyn Gallaway, CMC Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Greg Brotherton, Chair David Sullivan, Member Kate Dean, Member Page 5 of 5