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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 Dat~CA V ee V CM_ACM . ✓ DCM (3) v 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 . {cityof 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