[Ord. No. 20-11, 4-1-2020]
A.
Compliance
With Family First Coronavirus Relief Act Of 2020.
1.
It is the intention of this Section to establish local personnel
rules and regulations for employees of the City of Bridgeton in compliance
with the provisions of FFCRA. In adopting these provisions, the Council
may provide leave which is in excess of the mandatory minimums of
the FFCRA.
2.
The Council further recognize that implementation of FFCRA may require
issuance of rules, regulations and guidelines by the Federal government
or by court decisions and it is the intention of the Council that
in instances in which the leave provisions of this Section are determined
to be in conflict with the FFCRA, Federal regulations or court decisions,
the most generous provisions of those standards or this Section shall
apply.
B.
Emergency
Family And Medical Leave Expansion.
1.
Those provisions of FMLA remain unchanged and the provisions of the
Bridgeton Personnel Rules and Regulations remain in place including
the requirement that an employee must use available personal leave
under FMLA and not take such leave without pay.
2.
In accordance with the provisions of FFCRA, the City policy on use
of Family and Medical Leave is amended as follows for the period commencing
April 1, 2020, thru December 31, 2020, unless extended by Federal
law:
a.
Eligibility for FMLA Relating to a public health emergency is extended
to all full-time or part-time employees who are actively at work and
have been continuously employed by the City of Bridgeton a minimum
of thirty (30) days.
b.
Qualifying event under this Section shall be limited to a circumstance
in which an employee is unable to work or telecommute due to a need
for leave to care for a son or daughter of such employee under the
age of eighteen (18) if the school or place of care has been closed
or the child health care provider is unavailable due to a public health
emergency. Such public health emergency shall be related to Covid-19
and requires a declaration of a public health emergency by Federal
Government, State of Missouri, County of St. Louis or the Mayor of
Bridgeton.
c.
Compensation for leave under these provisions are provided under
the FFCRA as follows:
(1)
Irrespective of the provisions in the Bridgeton Personnel Rules
and Regulations, an employee may choose that the first ten (10) days
of leave under these provisions may be unpaid leave. The employee
may choose to take compensation for the first ten (10) days of such
leave using accrued vacation or sick leave benefits.
(2)
After the first ten (10) days of such leave granted under this
Section, the employee shall receive pay at a rate of pay equal to
two-thirds (2/3) of the employee's normal rate of pay. Leave paid
under this Section shall be paid at a rate of two-thirds (2/3) or
two hundred dollars ($200.00) per day, whichever is less, and no more
than ten thousand dollars ($10,000.00) in the aggregate.
(3)
Part-time employees shall be compensated for the number of hours
the employee worked, on average, over a two (2) week period measured
based on hours worked during the prior six (6) month period from October
1, 2019, thru March 31, 2020, subject to the same two hundred dollar
($200.00) per day and ten thousand dollars ($10,000.00) in the aggregate
caps.
d.
Other provisions of the Family and Medical Leave Act and City policies
on use of FMLA remain unchanged.
[The current provisions of the Family and Medical Leave Act
(FMLA) provide that the provisions of the act only apply to full-time
employees who have been employed a minimum of twelve (12) months and
provides job protection and extension of health insurance for a period
of up to twelve (12) weeks for certain qualifying events relating
to the birth or adoption of a child, a serious medical condition or
to care for a dependent child or parent with a serious medical condition.
Such FMLA leave requires a medical certification is unpaid leave except
otherwise provided by the Personnel Rules and Regulations]
3.
Exceptions. First responders including all commissioned police, dispatchers
or emergency medical providers are excluded from EFMELA.
C.
Emergency
Paid Sick Leave. In accordance with the provisions of Employee Paid
Sick Leave Act, the City will provide to every employee employed emergency
paid sick leave in addition to any other leave to which the employee
is entitled under the Bridgeton Personnel Rules and Regulations. Such
emergency paid sick leave shall be available commencing April 1, 2020,
and continue to be available thru December 31, 2020, unless extended
by Federal law.
1.
Use of emergency paid sick leave shall be available for use by employees
when the employee is unable or limited in their ability to work due
to the need for leave because of any of the following qualifying events:
a.
Group A Events.
(1)
The employee is subject to a Federal, State or local quarantine
or isolation order relating to Covid-19.
(2)
The employee has been advised by a health care provider to self-quarantine
due to concerns relating to Covid-19.
(3)
The employee is experiencing symptoms of Covid-19 and seeking
a medical diagnosis.
b.
Group B Events.
(1)
The employee is caring for an individual who is subject to an
order as described in Group A (1) above or has been advised as subscribed
in Group A (2) above.
(2)
The employee is caring for a son or daughter of such employee
if the school or place of care of the son or daughter has been closed,
or the child-care provider of such son or daughter is unavailable
due to Covid-19 precautions.
(3)
The employee is experiencing any other substantially similar
condition specified by the Secretary of Health and Human Services
in consultation with the Secretary of the Treasury and Secretary of
Labor of the United States Government.
2.
Employees under this emergency paid sick leave policy shall be entitled
to paid sick leave for coronavirus related qualifying events which
is in addition to any other sick leave to which the employee is otherwise
entitled under the City's Personnel Rules and Regulations.
a.
The hours of paid sick leave for employees shall be limited to:
b.
Limits on paid sick leave:
(1)
Paid sick leave for employees qualifying events as defined above
as Group A events shall be limited to the lesser of one hundred percent
(100%) of pay or five hundred eleven dollars ($511.00) per day and
shall not exceed five thousand one hundred ten dollars ($5,110.00)
for an individual employee during calendar year 2020.
(2)
Paid sick leave for employees qualifying events as defined above
as Group B events shall be limited to the lesser of sixty-six and
seven-tenths percent (66.7%) of pay or two hundred dollars ($200.00)
per day and shall not exceed two thousand dollars ($2,000.00) for
an individual employee during calendar year.
(3)
Paid sick time accruals under this Section shall not be carried
over from 2020 to a future year.
(4)
The City may not require an employee to use other paid leave
to which the employee is otherwise entitled for qualifying events
described herein as Group A before the employee uses the emergency
paid sick leave provided in this Section but the employee may choose
to do so.
D.
Effective
Date And Termination Of Benefits. The provisions of this Section shall
be in effect from and after April 1, 2020, and remain in effect until
December 31, 2020, unless otherwise extended by action of the Federal
government.
