Ordinance 2020-03 Spencer County Board of Commissioners

An Ordinance Amending the County of Spencer, Indiana

Personal Policies Handbook

WHEREAS, the County of Spencer, Indiana is an equal Opportunity Employer, and;

WHEREAS, it is the intent of Spencer County, Indiana to comply with applicable Federal and State of Indiana employment laws and regulations;

WHEREAS, it is necessary to adopt County Personnel Policies from time-to-time;

NOW, THEREFORE BE IT ORDAINED AND ESTABLISHED BY THE COUNTY OF SPENCER, INDIANA BOARD OF COMMISSIONERS THAT:

The attached section(s) are hereby adopted and shall be in full force and effect immediately upon adoption and shall supersede existing oral or written personnel policies and procedures.

4.3.3 Emergency Paid Sick Leave

4.6.1 Emergency Family Medical Leave Expansion Policy

The County of Spencer, Indiana Personnel Policies Handbook adopted on December 8, 2018, as revised, is hereby amended on this 30th day of March, 2020.

4.3.3

Emergency Paid Sick Leave

This policy is developed in response to the COVID-19 Coronavirus Response Act and shall be4come effective on and after April 1, 2020. This Emergency Paid sick leave Policy is effective through December 31, 2020. Emergency Paid Sick Leave shall be in addition to the County’s regular sick leave policy.

The County shall provide full-time employees (regardless of employee’s duration of employment) with 80 hours of paid sick leave for the following:

1. to comply with employer directive to leave work as a result of a temperature of 100.4 degrees Fahrenheit or higher or other at-risk factors as determined by the employer related to COVID-19;

2. employee is subject to a federal, state or local quarantine or isolation order related to COVID-19;

3. employee is advised by a health care provider to self-quarantine due to COVID-19 concerns;

4. employee is experiencing COVID-19 symptoms and seeking medical diagnosis;

5. to care for an individual subject to federal, state or local quarantine or isolation order or advised by an health care provider to self-quarantine due to COVID-19 ;

6. to care to the employee’s child if the child’s school or place of care had been closed or the child’s care provider is unavailable due to public health emergency; or

7. employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with Secretary of the Treasury and the Secretary of Labor.

Full-time employees shall receive their 80 hours of emergency paid sick leave at the employee’s regular rate for reasons (1-4 above) or two-thirds the employee’s regular rate for others and any substantially similar condition. Paid sick leave wages are limited to a max of $511 per day up to $5,110 total per employee for their own use and a max of $200 per day up to $2,000 total to care for others and any other substantially similar condition.

Employees who work part-time or irregular schedule are entitled to be paid based on average number of hours the employee worked for the six months prior to taking paid sick leave. Employees who have worked less than six months prior to leave are entitled to the average number of hours the employee would normally be scheduled to work over a two-week period.

For purposes of this policy, symptoms of COVID-19 Coronavirus include:  a fever of 10.4 degrees Fahrenheit or higher, shortness of breath, cough, dizziness.

This temporary emergency paid sick leave shall run concurrently with emergency FMLA leave. This paid emergency sick leave will not carry over to the following calendar year.

As directed the Center for Disease Control (CDC), employees with COVID-19 Coronavirus or who have been in isolation or quarantine due to COVID-19 Coronavirus may return to work under the following circumstances:

-Employees not tested for COVID-19 Coronavirus must have had no fever for at least 72 hours (without the use of medicine that reduces fever); other symptoms must have improved; and must have been at least 7 days since the employee’s symptoms first appeared.

– Employee tested for COVID-19 Coronavirus must have no fever (without the use of medicine that reduces fever); other symptoms but have improved; and received two negative tests in a row, 24 hours apart.

4.6.1

Emergency Family Medical Leave Expansion Policy

This policy is developed in response to the COVID-19 Coronavirus Response Act and shall become effective on and after April 1, 2020. This Emergency Family Medical Leave Expansion Policy is effective through December 31, 2020. Emergency Family Medical Leave shall be in addition to the County’s regular FMLA policy.

The County shall provide Emergency Family Medical Leave (FMLA) to employees employed by the County for the at least 30 days [before the first day of leave] for up to 12 weeks of job-related leave to allow an employee, who is unable to work or work remotely, to care for th employee’s child (under 18 years of age) if the child’s school or place is closed or the childcare provider is unavailable due to a public health emergency.

The first 10-days of Emergency FMLA may be unpaid unless th employee elects to substitute and paid leave (including emergency paid sick leave) to cover some or all of the 10-day unpaid period. After the 10-day period, the County will pay full-time at two-thirds the employee’s regular rate for the number or hours them employee would otherwise be normally scheduled. Employees who work a part-time or irregular schedule are entitled to be paid at two-thirds their regualr rate based on the average number of hours th employee worked for the six months prior to taking Emergency FMLA.

Paid wages under the Emergency FMLA leave are limited to $200 per day and $10,000 in the aggregate per employee. 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.

Accruals for benefit calculations, such as vacation, sick leave, or holiday benefits, shall accrue while an employee is on Emergency FMLA.

Any health plan, including self-insured plans, provided by the County will be continued for the employee on Emergency FMLA leave on the same terms that would have been provided if th employee had continued his or her working during the period that he or she was on approved Emergency FMLA leave. Employees are responsible for paying their normal share of premium costs while on Emergency FMLA leave.

This Emergency FMLA leave shall run concurrently with emergency paid sick leave.

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