HomeMy WebLinkAboutMO #2422MUNICIPAL ORDER NO. 2422
A MUNICIPAL ORDER ENACTING A VOLUNTARY EXTENSION OF THE LEAVE
POLICY FOR THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT TO PROVIDE
ADDITIONAL LEAVE TIME AND PROTECTIONS TO ELIGIBLE EMPLOYEES OF
THE CITY OF PADUCAH RELATED TO THE COVID-19 PANDEMIC THROUGH
MARCH 31, 2021
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; and
WHEREAS, to comply with the temporary leave requirements, the City of
Paducah, Kentucky, altered its leave policy by the adoption of Municipal Order No. 2336 on
March 31, 2020; and
WHEREAS, said Municipal Order expired along with the expiration of the
Families First Coronavirus Relief Act as of December 31, 2020; and
WHEREAS, the City now desires to voluntarily extend the timeframe of the leave
policy from December 31, 2020 until March 31, 2021; and
WHEREAS, said extension does not reset any balances of eligible City of
Paducah employees, but only allows employees more time in which to use the leave which
was allotted.
Now, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY:
1. 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 EFMLEA 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 as of March 31, 2021.
� � A",
George Bray, Mayor
ATTEST:
Lindsay Pari -ty Clerk
Adopted by the Board of Commissioners, January 12, 2021
Recorded by Lindsay Parish, City Clerk, January 12, 2021
MOIFMLA Coronavirus Response Extension 2021