TEMPORARY ADMINISTRATIVE RULE NO: 6060-03

RELATED TO POLICY SERIES NO: 6060

TITLE: NOVEL CORONAVIRUS/COVID-19 EMERGENCY LEAVE

PURPOSE

To assure compliance with emerging state and federal statutes governing emergency sick leave and family/medical leave enacted in response to the Novel Coronavirus/COVID-19 pandemic. To define terms of eligibility and the process for administering emergency paid sick leave and paid family and medical leave.

To assure compliance with emerging state and federal statutes governing emergency sick leave and family/medical leave enacted in response to the Novel Coronavirus/COVID-19 pandemic. To define terms of eligibility and the process for administering emergency paid sick leave and paid family and medical leave.

STATEMENT

In response to emerging temporary changes in federal law (the Families First Coronavirus Response Act and the Emergency Paid Sick Leave Act) and Oregon law (the Oregon Family Leave Act, per administrative regulation), Linn-Benton Community College (LBCC) issues the following temporary policy. This policy goes into effect April 1, 2020, and ends on December 31, 2020, unless specified below or unless LBCC announces a continuation of this policy in writing.

This policy supplements but does not replace LBCC’s existing policies on FMLA, OFLA or sick leave, and should be read in conjunction with those policies. See Family Medical Leave Policy (AR 6060-02), Sick Leave Policy (AR 6120-01) Questions about this policy should be directed to Deana Culbertson in Human Resources at culberd@linnbenton.edu.

ELIGIBLE EMPLOYEES: All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19.

Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.]

NOTICE: Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. After the first workday of paid sick time, LBCC may require employees to follow reasonable notice procedures in order to continue receiving paid sick time.

  • PAID SICK LEAVE FOR COVID-19 ISSUES and EXTENDED PAID FAMILY MEDICAL LEAVE FOR SCHOOL and CHILDCARE CLOSURES

If an eligible employee is unable to work or telework due to a qualifying reason related to the COVID-19 pandemic, they will be eligible to take receive paid sick leave as described below. All employees are eligible for this type of leave with two exceptions that are identified below. This leave is in addition to the leave employees accrue under LBCC’s Sick Leave Policy; employees accrued sick leave banks will not be withdrawn from for leave taken under this policy.

EXCEPTIONS: COVID-19 Paid Sick Leave is not available to health care providers or emergency responders.

QUALIFYING REASONS FOR COVID-19 PAID SICK LEAVE

  1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
  2. The employee has been advised by a health care provider to self-quarantine related to COVID-19.
  3. The employee is experiencing COVID-19 symptoms and is seeking a medical diagnosis.
  4. The employee is caring for an individual subject to an order described in (1) or self-quarantine as described in (2).
  5. The employee is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19; or
  6. The employee is experiencing any other substantially similar condition specified by the Secretary of
  7. Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
  8. For purposes of COVID-19 paid sick leave, a “son or daughter” is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time COVID-19 extended FMLA leave is to commence.

ACCRUAL AND REQUESTING COVID-19 PAID SICK LEAVE

Full-time employees will receive up to 80 hours of COVID-19 paid sick leave. The number of hours of COVID-19 paid sick leave available to part-time employees depends on the number of hours the employee is scheduled to work during a two-week period, and may be calculated using the average number of hours worked in the six months leading up to the leave’s start date. As an example, if a part-time employee works, on average, 20 hours per week, the employee would be entitled to 40 hours of COVID-19 paid sick leave.

Any unused COVID-19 paid sick leave will not carry over into 2021. Employees will not be paid the value of any unused COVID-19 paid sick leave if they quit, retire or employment is terminated.

Although COVID-19 paid sick leave is available to employees immediately, employees must follow LBCC’s call in requirement for regular sick leave. Under LBCC’s call-in procedure in AR 6120-01.

Further, employees will be expected to provide verification of the need for COVID-19 paid sick leave, as follows:

  1. Quarantine — A copy of the order from a federal, Oregon or local government entity requiring quarantine or isolation relating to COVID-19. This order must include the Employee’s name or other identifying information sufficient to allow LBCC to conclude that the order affects a particular employee. 
  2. Self-Quarantine — Written verification of the need to self-quarantine from the employee’s healthcare provider.
  3. Diagnosis or Treatment — Written verification from the employee’s healthcare provider of the employee’s effort to receive a medical diagnosis for COVID-19 or treatment if the employee is experiencing symptoms of COVID-19.
  4. Care for a Quarantined Individual — A copy of the order or other documentation from a federal, Oregon or local government regarding the individual’s requirement to be quarantined that includes the individual’s name, or written verification of the need to quarantine from the individual’s health care provider.
  5. Child Care — No verification is required for school closures due to COVID-19 issues if evidence of closure is publicly available. Written verification from the child care provider about its/his/her unavailability to provide child care due to COVID-19-related issues.
  6. Substantially Similar Care — Written verification of the employee’s need to stay home from work from the employee’s health care provider.


A. RATE OF PAY AND CAPS ON VALUE OF COVID-19 PAID SICK LEAVE

For leave reasons (1), (2), or (3): Employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).For leave reasons (4) or (6): Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).
For leave reason (5): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period). [4]

Employees who receive COVID-19 paid sick leave, who are also eligible for LBCC sick or paid leave, may supplement this leave with their own accrued sick or paid to meet their full salary expectations, but they may not be paid from both COVID-19 paid sick leave and LBCC accrued vacation/sick or paid leave for the same hours.

FAMILY MEDICAL LEAVE- ACT AND OREGON FAMILY LEAVE ACT POLICY FOR SCHOOL AND CHILD CARE CLOSURES

Employees who have met the eligibility requirements below are eligible to receive paid and/or unpaid time off when the employee is unable to work (or telework) due to a need to care for a son or daughter if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.

The leave of absence available under this policy, under FMLA and OFLA, will be referred to as “School Closure Leave”, regardless of the terminology used in both laws. If not specifically addressed in this policy, all other provisions in LBCC’s Family Leave Policy apply.

DEFINITIONS

Son or daughter: For purposes of FMLA leave, a “son or daughter” is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and “incapable of self-care because of a mental or physical disability” at the time FMLA leave is to commence. For purposes of OFLA, “child” includes a biological, adopted, foster or stepchild, the child of a registered same-sex domestic partner or a child with whom the employee is in a relationship of in loco parentis. For purposes of OFLA, the “son or daughter” must be under the age of 18 or over 18 if incapable of self-care.

Place of Care:: Includes child care providers, and means a provider who receives compensation for providing child care services on a regular basis,

School: Means an elementary or secondary school. Community college, university, college, or other post-secondary schools are not included.

ELIGIBILITY REQUIREMENTS

FMLA: Employees who have worked for LBCC in the 30 calendar days leading up to the start of the School Closure Leave.

OFLA: Employees who have been employed for at least 180 days and worked an average of at least 25 hours per week leading up to the start of the School Closure Leave.

LENGTH OF LEAVE

FMLA: Up to 12 weeks of leave, to be taken any time during the period of April 1, 2020 through December 31, 2020. If a FMLA leave under this policy is started on December 1, 2020 (for example), the employee will not be allowed to continue the leave past December 31, even if the employee still has available FMLA leave.

OFLA: Up to 12 weeks of unpaid leave, to be taken any time during the period of March 18, 2020, to September 13, 2020. The 12 weeks of School Closure Leave must be used before September 13, 2020; no available School Closure Leave may be used after September 13, 2020.

School Closure Leave under these laws will run concurrently, where applicable. LBCC will apply the law that is most generous to the employee if the School Closure Leave runs concurrently.

Employees who have already exhausted 12 weeks of FMLA [or OFLA] leave in the LBCC’s 12-Month Period may not be eligible to take an additional 12 weeks of School Closure Leave, depending on the employee’s eligibility under FMLA [and OFLA].

NOTICE AND VERIFICATION

FMLA: Where the necessity for public health emergency leave is foreseeable, an employee shall provide the employer with as much notice as practicable.

OFLA: Employees must provide at least 30 days’ notice before School Closure Leave is to begin if the reason for leave is foreseeable. If 30 days’ notice is not foreseeable or practical, an employee must give verbal or written notice to LBCC within 24 hours of commencement of the leave.

Under both law’s, for School Closure Leave, no verification is required for school closures due to a public health emergency if evidence of closure is publicly available. Written verification from the “place of care” about its/his/her unavailability to provide child care due to a public health emergency is required.

BENEFITS DURING LEAVE

FMLA: The first ten days of leave are unpaid; employees may, however, use COVID-19 paid sick leave, if eligible, or any other accrued paid leave during this period. After the first ten days of School Closure Leave, and for each day thereafter, LBCC will provide paid leave calculated at two-thirds of an employee’s regular rate of pay and the number of hours the employee would otherwise be normally be scheduled to work. Paid leave will not exceed $200 per day, or $10,000 in the aggregate.

Employees who receive School Closure Leave may supplement their pay with accrued COVID-19 paid sick , or sick leave or vacation time under LBCC’s policies, to meet their full salary expectations, but they will not be paid from both School Closure Leave and COVID-19/vacation/sick leave for the same hours.

OFLA: OFLA School Closure Leave is unpaid. Employees may, however, use any accrued paid leave during the period of OFLA School Closure Leave.

If an employee is on approved School Closure Leave under either or both laws, LBCC will continue the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. An employee wishing to maintain health insurance during a period of approved School Closure Leave will be responsible for bearing the cost of his/her share of group health plan premiums which had been paid by the employee prior to the School Closure Leave. Employees will not accrue vacation, sick leave or other benefits (other than health insurance) while the employee is on a School Closure Leave. The leave period, however, will be treated as continuous service (i.e., no break in service) for purposes of vesting and eligibility to participate in LBCC benefit plans.

JOB PROTECTION

FMLA and OFLA: Employees returning to work from School Closure Leave will be reinstated to their former position. If the position has been eliminated, the employee may be reassigned to an available equivalent position. Reinstatement is not guaranteed if the position has been eliminated under circumstances where the law does not require reinstatement.

Employees are expected to promptly return to work when the circumstances requiring School Closure Leave have been resolved, even if leave was originally approved for a longer period. If an employee does not return to work at the end of a designated School Closure Leave period, reinstatement may not be available unless the law requires otherwise.

NO RETALIATION

LBCC will issue discipline, up to and including termination, to anyone who retaliates against an employee who asks about, requests, or uses School Closure Leave or COVID-19 Paid Sick Leave.

DATE OF ADOPTION: 04/01/2020
DATE(S) OF REVISION(S):
DATE OF LAST REVIEW:

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