HomeMy WebLinkAboutMO #2336MUNICIPAL ORDER NO. 2336
MUNICIPAL ORDER PROVIDING FOR LEAVE UNDER THE
FAMILIES FIRST CORONAVIRUS RESPONSE ACT
WHEREAS, the President signed into law the "Families First Coronavirus Response Act" to
assist with the impact of COVID-19, employees may be eligible for additional leave under the
law;
WHEREAS, to comply with the temporary leave requirements, the City of Paducah, Kentucky, is
altering its leave policy for city employees;
NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
Pursuant to the Emergency Paid Sick Leave Act, all employees are eligible for two weeks
of paid leave at their regular rate of pay for the following reasons. Eligible full-time
employees will receive up to eighty (80) hours of paid sick leave. Eligible part-time
employees will receive pay based on the average number of hours worked over the last
six months. The Act allows the employers to exclude healthcare providers and
emergency responders from the definition of employees who are allowed to take such
leave.
a. Subject to a federal, state or local quarantine or isolation order related to COVID-19;
b. Advised by a healthcare provider to self -quarantine due to COVID-19 concerns;
c. Experiencing COVID-19 symptoms and seeking medical diagnosis;
d. Caring for an individual subject to a federal, state or local quarantine or isolation
order or advised by a healthcare provider to self -quarantine due to COVID-19
concerns (caring for another who is subject to an isolation order or advised to self -
quarantine as described above is not limited to only family members).
e. Caring for the employee's child if the child's school or place of care is closed or the
child's care provider is unavailable due to COVID-19 precautions; or
f. Experiencing any other substantially similar condition specified by the Secretary of
Health and Human Services in consultation with the Secretary of the Treasury and
the Secretary of Labor.
2. Pursuant to the Emergency Family Medical Leave Expansion Act (EFMLEA), an
employee that has been employed for thirty (30) days or more is eligible for up to
twelve (12) weeks of job -protected leave to allow the employee, who is unable to work
or telework, to care for the employee's child (under 18 years of age) if the child's school
or place of care is closed or the childcare provider is unavailable due to a public health
emergency. The Act allows the employers to exclude healthcare providers and
emergency responders from the definition of employees who are allowed to take such
leave.
a. The first 10 days of EFMLEA-qualified leave are unpaid. An employee may either be
eligible for Emergency Paid Sick Leave as outlined in paragraph 1. or may take other
paid leave concurrently with the EFMLEA.
b. Beginning the third week of EFMLEA, an eligible employee shall be paid according to
the following:
i. Full-time employees at two-thirds the employee's regular rate for the number of
hours the employee would otherwise be normally scheduled. The EFMLEA limits
this pay entitlement to $200 per day and $10,000 in the aggregate per employee.
ii. Employees who work a part-time or irregular schedule are entitled to be paid
based on the average number of hours the employee worked for the six months
prior to taking Emergency FMLA. Employees who have worked for less than six
months prior to leave are entitled to the employee's reasonable expectation at
hiring of the average number of hours the employee would normally be
scheduled to work.
c. The city will return the employee to their prior position in accordance with the
restoration requirements of the FMLA.
d. The city's FMLA leave is otherwise unchanged and any EFM LEA leave will count
toward the employee's total twelve (12) weeks of job -protected FMLA leave.
3. The executive authority shall determine which employees are eligible for continued
work or telework based on the needs and capacity of the city.
All other Employee Manual rules shall remain in force.
This order will terminate at the expiration of the Families First Coronavirus Relief Act,
currently set for December 31, 2020.
On motion of Commissioner Wilson, seconded by Mayor Harless, that the foregoing
Municipal Order be adopted, the vote was called. On roll call the vote stood: Commissioners
Abraham, McElroy, Watkins and Wilson, and Mayor Harless yeas (5).
INTRODUCED, PUBLICLY READ AND FINALLY APPROVED ON ONE READING, this the
31St day of March, 2020.
Brandi Harless, Mayo
ATTEST:
Q�
Lindsay Parish, City Cl r
Introduced and Adopted by the Board of Commissioners, March 31, 2020
Recorded by Lindsay Parish, City Clerk, March 31, 2020
R: MO MO 2020 EFMLA-00V1 D19. docx