HomeMy WebLinkAbout2021-01-14; Expiration of the Families First Coronavirus Response Act and California's Assembly Bill 1867: Supplemental Paid Sick Leave for All; Rocha, LauraTo the members of the:
· CITY COUNCIL
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Jan. 14, 2021
Council Memorandum
To: Honorable Mayor Hall and Members of the City Council
From: Laura Rocha, Deputy City Manager, Adm' · trative Services
Via: Geoff Patnoe, Assistant City Manager
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Carlsbad
Memo ID #2021010
Re: Expiration of the Families First Coronavirus Response Act and California's Assembly Bill
1867: Supplemental Paid Sick Leave for All
This memorandum provides information related to the expiration of the Families First
Coronavirus Response Act (FFCRA) and California's Assembly Bill (AB) 1867: Supplemental Paid
Sick Leave for All (AB 1867) on Dec. 31, 2020.
Background/Discussion
The FFCRA law took effect on April 1, 2020, and required certain employers, including public
agencies, to provide paid sick leave and expanded family and medical leave benefits to
employees unable to work due to specified reasons related to COVID-19. Emergency responders
were exempted from FFCRA benefits. On April 1, 2020, side letter agreements established
between the City of Carlsbad and the Carlsbad City Employees' Association, Carlsbad Firefighters'
Association, Inc., Carlsbad Police Management Association, and Carlsbad Police Officers'
Association took effect which modified the city's application of the FFCRA to include job
classifications defined as emergency responders. Additionally, California's AB 1867 took effect on
Sept. 19, 2020, and provided employees not covered by the FFCRA with comparable benefits.
The mandate to provide paid sick leave and expanded family and medical leave benefits under
the FFCRA and AB 1867 ended on Dec. 31, 2020. The side letter agreements established with the
city's employee bargaining groups also ended on Dec. 31, 2020. Congress recently extended a
tax credit to employers who pay qualifying wages under the FFCRA through March 31, 2021.
However, public employers are ineligible to receive the tax credit. Therefore, an extension of the
benefits would be solely at the city's expense.
Next Steps
AB 1867 requires that employees who are in the midst of taking this leave when AB 1867 expires
be permitted to take the full amount of leave to which they would have otherwise been entitled.
Any employees on leave for specified COVID-19 reasons as of Dec. 31, 2020, will be permitted to
exhaust their leave entitlement consistent with AB 1867.
The city understands these are unprecedented times and Human Resources staff will continue to
work with employees to best manage their needs. Beginning on Jan . 1, 2021, employees who
Administrative Services Branch
Human Resources Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2440 t
Council Memo-Expiration of the FFCRA and California's AB 1867
Jan. 14, 2021
Page 2
require leave for certain COVID-19 specified reasons have the option to take unpaid leave under
the federal Family and Medical Leave Act (FMLA), or the California Family Rights Act (CFRA) and
may be eligible to receive short term disability benefits. In addition, employees may use their
available leave accruals to ensure their time away from work is paid. If leave accruals are
exhausted, employees will be permitted to take unpaid leave. Paid family leave may apply when
time is needed to care for a family member. Human Resources staff will work with departments
to suggest alternatives, such as temporary reassignment or telecommuting options, when
suitable.
In cases where workplace exposure of COVID-19 is suspected or presumed, California's
Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA)
requires the employer to maintain an employee's earnings while they are off work. When an
exposed non-safety employee tests positive for COVID-19 illness, the city provides 45 calendar
days of Occupational Sick Leave. If additional time is necessary, employees are eligible to receive
benefits at two-thirds of salary, supplemented by administrative leave. Safety employees who
test positive receive full pay as provided in section 4850 of the labor code. When an employee
who is exposed at work does not test positive but must remain off work to self-quarantine, the
city will compensate the employee with administrative leave.
Human Resources staff will continue to monitor any changes to federal and state laws and
regulations related to COVID-19, and will make any necessary adjustments to the city's leave
program to ensure the city remains in compliance.
cc: Celia Brewer, City Attorney
Scott Chadwick, City Manager
Judy Von Kalinowski, Human Resource Director