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C. 13
To: Board of Supervisors
From: David Twa, County Administrator
Date: April  14, 2020
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Ratifying the Granting of Leave and Leave Accruals Related to COVID-19
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On:   04/14/2020
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Lisa Driscoll, County Finance Director (925) 335-1023
cc: Robert Campbell, Auditor-Controller     Dianne Dinsmore, Human Resources Director     All County Departments (via CAO)    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     April  14, 2020
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

RATIFY the order of the County Administrator providing for additional employee leave in an effort to slow the spread of COVID-19 and preserve critical health care capacity across the region (see attached).

FISCAL IMPACT:

Ultimately, cost will depend upon how many employees are unable to work and the recovery funding that may be available.

BACKGROUND:
BACKGROUND: (CONT'D)
    The County Administrator (CAO) is the administrator of emergency services and is in charge of the County's emergency organization. Under the emergency powers granted to the CAO under Article 42-2.8 of County Ordinance Code, on March 18, 2020 (repeated on March 26, 2020) and on April 3, 2020, the CAO modified pay and leave for County employees (see attached). This action was taken in an effort to slow the spread of COVID-19 and preserve critical health care capacity across the region. On March 16, 2020, the County Health Officer issued a shelter in place order to all residents, subject to specified exceptions. On March 31 and April 3, 2020, the County Health Officer modified and further restricted the shelter in place order to all residents. This ratification supports the County Administrator's decision to modify leave accruals due to COVID-19 until further notice and action.   

    Since distributing the attached leave communication, a few questions have arisen. With the goal of providing our employees the support they were receiving prior to the COVID-19 crisis, the following is clarification of the leave that was granted:

      
    1. How are we applying leave calculations to 56-hour employees? 56-hour employees are considered full-time and will receive the full-accruals of 80 hours of Emergency Paid Sick Leave and 64 hours of County sick leave.
    2. How do hourly employees access pro-rated share of the 80 hours of Emergency Paid Sick Leave and 64 hours of County sick leave County granted to permanent employees? Hourly employees are eligible for prorated share of both leave types. Proration will be calculated, and the resulting hours will be applied to their leave banks.
    3. How will the 80 hours of Emergency Paid Sick Leave be applied to new hires? Employees hired through December 31, 2020 are eligible for the 80 hours of Emergency Paid Sick Leave although this leave expires on December 31, 2020.
    4. How will the 64 hours of County sick leave be applied to new hires? Employees hired as of April 7, 2020, are eligible for the 64 hours of County sick leave. This leave does not expire.
    5. Are employees currently on medical leave and full pay status eligible for this leave? If an employee is in a full-pay leave status, they are eligible for the 80 hours of Emergency Paid Sick Leave and 64 hours of County sick leave.
    6. Are employees who were already on a less than full-paid leave, at the time of the shelter in place order, but technically in active status due to less than full-time pay through use of leave accruals eligible for this leave? These employees are eligible for the 80 hours of Emergency Paid Sick Leave. These employees are not eligible for the 64 hours of County Sick Leave.
    7. Are employees currently on Long Term Disability eligible for this leave? If an employee is on Long Term Disability (LTD) they are eligible for a prorated share of the 80 hours of Emergency Paid Sick Leave. They are not eligible for the 64 hours of County sick leave. Employees on LTD will be reinstated during the month of April to be paid for the 80 hours of Emergency Paid Sick Leave.
    8. Are employees currently on a leave of absence (LOA), absent without pay (AWOP), absent without leave (AWOL), who previously exhausted their accruals, eligible for this leave? Employees on a LOA, AWOP, or AWOL are eligible for the 80 hours of Emergency Paid Sick Leave. Employees on a LOA, AWOP, AWOL are not eligible for the 64 hours of County Sick Leave.
    9. May I take paid sick leave or expanded family and medical leave if I am receiving workers’ compensation or State Disability Insurance (SDI)? In general, no, unless the employee were able to return to light duty before taking leave. If the employee receives workers’ compensation or temporary disability benefits because the employee is unable to work, the employee may not take paid sick leave or expanded family and medical leave. However, if the employee were able to return to light duty and a qualifying reason prevents the employee from working, the employee may take paid sick leave or expanded family and medical leave, as the situation warrants.
    10. There may be employees who wish to use their Emergency Paid Sick Leave to integrate with leave other than workers’ compensation or SDI or use the leave intermittently. Is integration or intermittent use allowed? Employees may use the Emergency Paid Sick Leave to integrate with leaves other than workers compensation or SDI. For instance, an employee may use the Emergency Paid Sick Leave for intermittent FMLA or reduced work hours. Employees must use their Emergency Paid Sick Leave in increments of at least 8 hours, unless integrating to receive full-pay or the balance is less than 8 hours.
    11. There are employees who had Catastrophic Leave applications in process when the new leave was granted. How will this new leave effect those employees? These employees will first use the new leave granted to them and, should they still need it, their Catastrophic Leave, if approved, will begin upon exhaustion of their leave accruals.
    12. For eligible employees, what is the process for applying for the two-thirds paid leave available through the Family Medical Leave Act provided by the Families First Coronavirus Response Act (FLMA+)? County Benefits is creating new request and designation forms for FMLA+ and will post that information on the County’s intranet and provide to departmental leave coordinators.

    CONSEQUENCE OF NEGATIVE ACTION:

    Encouraging employees who may be ill to work during this emergency situation may present health risks to other employees and the public.

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