ORDINANCE NO. 926
AN ORDINANCE DECLARING A PUBLIC EMERGENCY
AND PROVIDING FOR
IMPLEMENTATION OF THE PROVISIONS OF THE
CORONAVIRUS RESPONSE ACT OF 2020,
THE EMERGENCY FAMILY AND MEDICAL LEAVE
EXPANSION ACT AND
EMERGENCY PAID SICK LEAVE ACT
In order for the City to address a public emergency affecting life, health and public safety, and to continue to provide paid sick leave for employees diagnosed with Covid-19, an emergency ordinance is required by the DeQuincy Home Rule Charter, Section 2-14(A), to adopt and implement in its employment policies the rules and regulation of the Families First Coronavirus Response Act of 2020, the Emergency Family and Medical Leave Expansion Act, and the Emergency Paid Sick Leave Act set out hereinafter:
The personnel policies of the City of DeQuincy shall conform to the provision of the Families First Coronavirus Response Act of 2020 (Public Law No: 116-127 hereinafter referred to as the “FFCRA”).
Emergency Family and Medical Leave Expansion Act (“EFMLEA”)
The City shall comply with all applicable provisions of the Emergency Family and Medical Leave Expansion Act enacted in the FFCRA, provided that this expansion does not apply to any emergency responder (including fire or police—refer to Civil Service guidelines).
Emergency Paid Sick Leave Act (“EPSLA”)
The City shall additionally comply with the provision of the Emergency Paid Sick Leave Act enacted in the FFCRA, provided that this provision does not apply to any emergency responder (including fire or police—refer to Civil Service guidelines).
The amount of hours of paid sick time to which an employee is entitled pursuant to the EPSLA shall be: 80 hours for full-time employees, or
The number of hours equal to the number of hours that such employee works, on average, over a 2-week period for part-time employees, and sick time under the EPSLA shall not carry over.
Employees shall be entitled to EPSLA paid sick time at their regular rate of pay if the employee is unable to work because:
The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID–19;
The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19; or
The employee is experiencing symptoms of COVID–19 and seeking a medical diagnosis.
Employees shall be entitled to EPSLA paid sick time at 2/3 of their regular rate of pay (not to exceed $200 per day) if the employee is unable to work because:
The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2).The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID–19; or
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.
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 the Secretary of Labor.
An employee may elect to waive in writing the benefits pursuant to the EPSLA and elect to claim benefits pursuant to the City’s regular sick time or leave policies. After exhaustion of EPSLA benefits any employee is additionally entitled to utilize the employee’s Paid Time Off (“PTO”) balance for any period where the employee’s absence is not subject to any other City paid leave but is due to a qualifying event described above.
If the employee does not have a sufficient PTO balance, the City may elect to advance PTO to the employee, provided that the advanced PTO shall be deducted from the employee’s future PTO accruals (or from sick leave accruals if the employee’s PTO accruals are insufficient). Employees are hereby authorized up to five (5) advance PTO days pursuant to this policy, and additional days may be approved by the Mayor in the event of extreme hardship.
BE IT ORDAINED that the City of DeQuincy does hereby adopt and implement the policies and procedures of the Families First Coronavirus Response Act of 2020, the Emergency Family and Medical Leave Expansion Act, and the Emergency Paid Sick Leave Act.
BE IT FURTHER ORDAINED that this Ordinance shall become effective immediately upon adoption.
APPROVED AND ADOPTED by the City Council of the City of DeQuincy, Louisiana, on this day of July, 2020.
I hereby certify that the foregoing Ordinance has been presented to the Mayor on this day of ___, 2020, at __o’clock m.
Secretary of the Council
I have reviewed the above and foregoing Ordinance on this day of __, 2020, and do hereby Approve/Veto same.
I hereby certify that I have received from the Mayor at o’clock m., on this day of ____, 2020, the foregoing Ordinance which has been Approved by the Mayor.
Secretary of the Council
I certify that the above and foregoing constitutes a true and correct copy of an Ordinance duly adopted at a meeting of the City Council of the City of DeQuincy held on July _, 2020, at which meeting a quorum was present and voted in favor of said Ordinance, and said Ordinance has never been modified or rescinded and is still in full force and effect. Date:
Secretary of the
Council and City Clerk
Run: August 5, 2020 (AU-2)
ORDINANCE NO. 926