Empathy List Archives

JW

Joe Weaver

Wed, Nov 25, 2020 6:51 PM

My client is a Town with less than 20 employees. Under the FFA an employee (EE) is entitled to Emergency Paid Sick Leave up to 80 hours at 100% of EE's regular rate of pay (may be capped at $511.00 per day or $5,110.00 in aggregate) if the EE is unable to work or telework because (1) the EE is quarantined or isolated by Federal, State or local order; (2) EE is advised by health care professional to self-quarantine due to concerns related to Covid -19: or (3) EE is experiencing symptoms of Covid -19 and seeking medical diagnosis. The Town has paid certain EEs under this provision. The EE may be entitled to 10 days of Emergency Paid Sick Leave (at 66.67% of EE's regular rate of pay) if the EE is a caretaker for an individual subject to quarantine, is caring for a child because a school or childcare facility closure and certain other similar conditions.

It is my understanding that Emergency Paid Sick Leave is limited to a total of 80 hours, that is an EE can't take the 80 hours at 100% pay for EE related quarantine and then take another 80 hours at 2/3 pay as a caretaker. If anyone thinks otherwise, please let me know.

The FFA also provides for Emergency FMLA (10 days unpaid, but may use emergency paid sick leave at 2/3 pay, and up to 10 weeks paid at 66.67% of regular pay) if an EE is unable to work or telework due to care of a child under 18 because of school or childcare facility closure due to public health emergency. There are certain exemptions for small employers if the EE's absence from work would severely impact the business.

In summary, I would appreciate your thoughts and input on the following:

  Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions?

  Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave?

  Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work?

I know larger cities and towns may have HR departments that handle these issues, but any input will be appreciated. Happy Thanksgiving and stay safe. Also, Covid -19 sucks (only my personal opinion).

Thanks,
Joe Weaver

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net mailto:agbass@basslaw.net

[cid:image001.png@01D6C318.56FB9CD0]
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

My client is a Town with less than 20 employees. Under the FFA an employee (EE) is entitled to Emergency Paid Sick Leave up to 80 hours at 100% of EE's regular rate of pay (may be capped at $511.00 per day or $5,110.00 in aggregate) if the EE is unable to work or telework because (1) the EE is quarantined or isolated by Federal, State or local order; (2) EE is advised by health care professional to self-quarantine due to concerns related to Covid -19: or (3) EE is experiencing symptoms of Covid -19 and seeking medical diagnosis. The Town has paid certain EEs under this provision. The EE may be entitled to 10 days of Emergency Paid Sick Leave (at 66.67% of EE's regular rate of pay) if the EE is a caretaker for an individual subject to quarantine, is caring for a child because a school or childcare facility closure and certain other similar conditions. It is my understanding that Emergency Paid Sick Leave is limited to a total of 80 hours, that is an EE can't take the 80 hours at 100% pay for EE related quarantine and then take another 80 hours at 2/3 pay as a caretaker. If anyone thinks otherwise, please let me know. The FFA also provides for Emergency FMLA (10 days unpaid, but may use emergency paid sick leave at 2/3 pay, and up to 10 weeks paid at 66.67% of regular pay) if an EE is unable to work or telework due to care of a child under 18 because of school or childcare facility closure due to public health emergency. There are certain exemptions for small employers if the EE's absence from work would severely impact the business. In summary, I would appreciate your thoughts and input on the following: 1. Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions? 2. Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave? 3. Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work? I know larger cities and towns may have HR departments that handle these issues, but any input will be appreciated. Happy Thanksgiving and stay safe. Also, Covid -19 sucks (only my personal opinion). Thanks, Joe Weaver -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image001.png@01D6C318.56FB9CD0] www.basslaw.net 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

KS

Kimberlee Spady

Wed, Nov 25, 2020 10:12 PM

Joe, I agree with your interpretation of the FFCRA provisions. My clients follow the CDC guidelines, which don’t recommend testing before returning to work (as of now, anyway).

Happy Thanksgiving to you!

Kim Spady

On Nov 25, 2020, at 1:44 PM, Joe Weaver Jweaver@basslaw.net wrote:

My client is a Town with less than 20 employees. Under the FFA an employee (EE) is entitled to Emergency Paid Sick Leave up to 80 hours at 100% of EE’s regular rate of pay (may be capped at $511.00 per day or $5,110.00 in aggregate) if the EE is unable to work or telework because (1) the EE is quarantined or isolated by Federal, State or local order; (2) EE is advised by health care professional to self-quarantine due to concerns related to Covid -19: or (3) EE is experiencing symptoms of Covid -19 and seeking medical diagnosis. The Town has paid certain EEs under this provision. The EE may be entitled to 10 days of Emergency Paid Sick Leave (at 66.67% of EE’s regular rate of pay) if the EE is a caretaker for an individual subject to quarantine, is caring for a child because a school or childcare facility closure and certain other similar conditions.

It is my understanding that Emergency Paid Sick Leave is limited to a total of 80 hours, that is an EE can’t take the 80 hours at 100% pay for EE related quarantine and then take another 80 hours at 2/3 pay as a caretaker. If anyone thinks otherwise, please let me know.

The FFA also provides for Emergency FMLA (10 days unpaid, but may use emergency paid sick leave at 2/3 pay, and up to 10 weeks paid at 66.67% of regular pay) if an EE is unable to work or telework due to care of a child under 18 because of school or childcare facility closure due to public health emergency. There are certain exemptions for small employers if the EE’s absence from work would severely impact the business.

In summary, I would appreciate your thoughts and input on the following:

  Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions?

  Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave?

  Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work?

I know larger cities and towns may have HR departments that handle these issues, but any input will be appreciated. Happy Thanksgiving and stay safe. Also, Covid -19 sucks (only my personal opinion).

Thanks,
Joe Weaver

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net

<image001.png>
www.basslaw.net
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. --
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Joe, I agree with your interpretation of the FFCRA provisions. My clients follow the CDC guidelines, which don’t recommend testing before returning to work (as of now, anyway). Happy Thanksgiving to you! Kim Spady > On Nov 25, 2020, at 1:44 PM, Joe Weaver <Jweaver@basslaw.net> wrote: > > > My client is a Town with less than 20 employees. Under the FFA an employee (EE) is entitled to Emergency Paid Sick Leave up to 80 hours at 100% of EE’s regular rate of pay (may be capped at $511.00 per day or $5,110.00 in aggregate) if the EE is unable to work or telework because (1) the EE is quarantined or isolated by Federal, State or local order; (2) EE is advised by health care professional to self-quarantine due to concerns related to Covid -19: or (3) EE is experiencing symptoms of Covid -19 and seeking medical diagnosis. The Town has paid certain EEs under this provision. The EE may be entitled to 10 days of Emergency Paid Sick Leave (at 66.67% of EE’s regular rate of pay) if the EE is a caretaker for an individual subject to quarantine, is caring for a child because a school or childcare facility closure and certain other similar conditions. > > It is my understanding that Emergency Paid Sick Leave is limited to a total of 80 hours, that is an EE can’t take the 80 hours at 100% pay for EE related quarantine and then take another 80 hours at 2/3 pay as a caretaker. If anyone thinks otherwise, please let me know. > > The FFA also provides for Emergency FMLA (10 days unpaid, but may use emergency paid sick leave at 2/3 pay, and up to 10 weeks paid at 66.67% of regular pay) if an EE is unable to work or telework due to care of a child under 18 because of school or childcare facility closure due to public health emergency. There are certain exemptions for small employers if the EE’s absence from work would severely impact the business. > > In summary, I would appreciate your thoughts and input on the following: > > 1. Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions? > 2. Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave? > 3. Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work? > > I know larger cities and towns may have HR departments that handle these issues, but any input will be appreciated. Happy Thanksgiving and stay safe. Also, Covid -19 sucks (only my personal opinion). > > Thanks, > Joe Weaver > > > > > > > > -------------------------------- > Joe Weaver > Attorney At Law > 405.262.4040 > 405.262.4058 fax > joe@basslaw.net > > <image001.png> > www.basslaw.net > 104 N. Rock Island Ave. > P.O. Box 157 > El Reno, OK 73036 > > NOTICE: > The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system. > > Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. -- > Oama mailing list > Oama@lists.imla.org > http://lists.imla.org/mailman/listinfo/oama_lists.imla.org

SP

Suzanne Paulson

Mon, Nov 30, 2020 3:20 PM

This is what I am hearing from the cities I have talked to. These may or may not be CDC recommendations but most are some version of the CDC recommendations. I have attached various other policies and request forms I have looked at as well. Luckily we only have about 31 more days to deal with this mess. Every part of the State has different views and guidelines they seem to be using when dealing with leave and return to work. Another suggestion is to look at what the school district is doing in that area and use those guidelines as they are dealing with these decisions daily (in most cases).

Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions? My understanding is it is a total of 80 hours.
Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave? Yes, the EFMLA applies to all employers with less than 500 employees (even those that have 50 or less employees and do not have "eligible" employees under the regular FMLA).

Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work? The cities I have spoken with are doing some variation of the following:
* For those employees who test positive:

                                                    i.      1-2 negative test(s) within 10 days of each other; and/or

                                                  ii.      Do not return until at least 10 days has passed with no symptoms; and/or

                                                iii.      Fill out a form of COVID 19 employee self-certification to return to work (see attached as an example)

                                                iv.      Require employees returning to wear masks and social distance for some period of time after returning (that's if they are not already required to mask-up at work)

 *   For those who have been directly exposed but have not tested positive:

                                                          i.      1 negative test 7-14 days after exposure; and/or

                                                        ii.      Do not return to work for 10-14 days; and/or

                                                      iii.      Fill out a form of COVID 19 employee self-certification to return to work (see attached as an example)

                                                      iv.      Require employees returning to wear masks and social distance for some period of time after returning (that's if they are not already required to mask-up at work)

 *   For those who have had a third party exposure (like another person in the household had a direct exposure):

                                                          i.      Do not require any time away; and/or

                                                        ii.      Require employees returning to wear masks and social distance for some period of time after returning (that's if they are not already required to mask-up at work)

Although these are wage claims and OMAG does not typically cover claims for wages, the OMAG Board of Trustees approved some coverage in April for these types of claims, as well as, some open meeting coverage related to the Executive Orders so if you receive a claim/lawsuit related to either one, you can send it our way.

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Suzanne D. Paulson
General Counsel
spaulson@omag.org mailto:spaulson@omag.org

[OMAG-Logo]
3650 S. Boulevard
Edmond, OK 73013
Phone: 405.657.1444
Fax: 405.657.1401
OMAG Web Sitehttp://www.omag.org/

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From: Oama oama-bounces@lists.imla.org On Behalf Of Joe Weaver
Sent: Wednesday, November 25, 2020 12:52 PM
To: oama@lists.imla.org
Subject: [Oama] Covid -19 - Families First Coronavirus Response Act (FFA)

My client is a Town with less than 20 employees. Under the FFA an employee (EE) is entitled to Emergency Paid Sick Leave up to 80 hours at 100% of EE's regular rate of pay (may be capped at $511.00 per day or $5,110.00 in aggregate) if the EE is unable to work or telework because (1) the EE is quarantined or isolated by Federal, State or local order; (2) EE is advised by health care professional to self-quarantine due to concerns related to Covid -19: or (3) EE is experiencing symptoms of Covid -19 and seeking medical diagnosis. The Town has paid certain EEs under this provision. The EE may be entitled to 10 days of Emergency Paid Sick Leave (at 66.67% of EE's regular rate of pay) if the EE is a caretaker for an individual subject to quarantine, is caring for a child because a school or childcare facility closure and certain other similar conditions.

It is my understanding that Emergency Paid Sick Leave is limited to a total of 80 hours, that is an EE can't take the 80 hours at 100% pay for EE related quarantine and then take another 80 hours at 2/3 pay as a caretaker. If anyone thinks otherwise, please let me know.

The FFA also provides for Emergency FMLA (10 days unpaid, but may use emergency paid sick leave at 2/3 pay, and up to 10 weeks paid at 66.67% of regular pay) if an EE is unable to work or telework due to care of a child under 18 because of school or childcare facility closure due to public health emergency. There are certain exemptions for small employers if the EE's absence from work would severely impact the business.

In summary, I would appreciate your thoughts and input on the following:

Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions?
Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave?
Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work?

I know larger cities and towns may have HR departments that handle these issues, but any input will be appreciated. Happy Thanksgiving and stay safe. Also, Covid -19 sucks (only my personal opinion).

Thanks,
Joe Weaver

Joe Weaver
Attorney At Law
405.262.4040
405.262.4058 fax
joe@basslaw.net mailto:agbass@basslaw.net

[cid:image006.png@01D6C6F7.62747770]
www.basslaw.net https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.basslaw.net%2F&data=04%7C01%7Cspaulson%40omag.org%7C1487448eecd148d9a8c808d8917a8311%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637419302672566993%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=lkX6Xh08015Op9a%2FhgfzL2iw3bvF2YwAoLV3lmmHcug%3D&reserved=0
104 N. Rock Island Ave.
P.O. Box 157
El Reno, OK 73036

NOTICE:
The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination or distribution of the accompanying communication is prohibited. No applicable privilege is waived by the party sending this communication. If you have received this communication in error, please notify us immediately by reply and delete the original message from your system.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

This is what I am hearing from the cities I have talked to. These may or may not be CDC recommendations but most are some version of the CDC recommendations. I have attached various other policies and request forms I have looked at as well. Luckily we only have about 31 more days to deal with this mess. Every part of the State has different views and guidelines they seem to be using when dealing with leave and return to work. Another suggestion is to look at what the school district is doing in that area and use those guidelines as they are dealing with these decisions daily (in most cases). 1. Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions? My understanding is it is a total of 80 hours. 2. Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave? Yes, the EFMLA applies to all employers with less than 500 employees (even those that have 50 or less employees and do not have "eligible" employees under the regular FMLA). 3. Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work? The cities I have spoken with are doing some variation of the following: * For those employees who test positive: i. 1-2 negative test(s) within 10 days of each other; and/or ii. Do not return until at least 10 days has passed with no symptoms; and/or iii. Fill out a form of COVID 19 employee self-certification to return to work (see attached as an example) iv. Require employees returning to wear masks and social distance for some period of time after returning (that's if they are not already required to mask-up at work) * For those who have been directly exposed but have not tested positive: i. 1 negative test 7-14 days after exposure; and/or ii. Do not return to work for 10-14 days; and/or iii. Fill out a form of COVID 19 employee self-certification to return to work (see attached as an example) iv. Require employees returning to wear masks and social distance for some period of time after returning (that's if they are not already required to mask-up at work) * For those who have had a third party exposure (like another person in the household had a direct exposure): i. Do not require any time away; and/or ii. Require employees returning to wear masks and social distance for some period of time after returning (that's if they are not already required to mask-up at work) Although these are wage claims and OMAG does not typically cover claims for wages, the OMAG Board of Trustees approved some coverage in April for these types of claims, as well as, some open meeting coverage related to the Executive Orders so if you receive a claim/lawsuit related to either one, you can send it our way. OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [https://www.omag.org/portals/0/twitter.png] <https://twitter.com/omag1977> [https://www.omag.org/portals/0/linkedin.png] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Joe Weaver Sent: Wednesday, November 25, 2020 12:52 PM To: oama@lists.imla.org Subject: [Oama] Covid -19 - Families First Coronavirus Response Act (FFA) My client is a Town with less than 20 employees. Under the FFA an employee (EE) is entitled to Emergency Paid Sick Leave up to 80 hours at 100% of EE's regular rate of pay (may be capped at $511.00 per day or $5,110.00 in aggregate) if the EE is unable to work or telework because (1) the EE is quarantined or isolated by Federal, State or local order; (2) EE is advised by health care professional to self-quarantine due to concerns related to Covid -19: or (3) EE is experiencing symptoms of Covid -19 and seeking medical diagnosis. The Town has paid certain EEs under this provision. The EE may be entitled to 10 days of Emergency Paid Sick Leave (at 66.67% of EE's regular rate of pay) if the EE is a caretaker for an individual subject to quarantine, is caring for a child because a school or childcare facility closure and certain other similar conditions. It is my understanding that Emergency Paid Sick Leave is limited to a total of 80 hours, that is an EE can't take the 80 hours at 100% pay for EE related quarantine and then take another 80 hours at 2/3 pay as a caretaker. If anyone thinks otherwise, please let me know. The FFA also provides for Emergency FMLA (10 days unpaid, but may use emergency paid sick leave at 2/3 pay, and up to 10 weeks paid at 66.67% of regular pay) if an EE is unable to work or telework due to care of a child under 18 because of school or childcare facility closure due to public health emergency. There are certain exemptions for small employers if the EE's absence from work would severely impact the business. In summary, I would appreciate your thoughts and input on the following: 1. Is the Emergency Paid Sick Leave limited to a total of 80 hours whether used by EE for personal quarantine (100% of regular pay), whether used by EE as a caretaker or because school or childcare facility is closed ( 66.67% of regular pay), or whether either situation arises for an EE on multiple occasions? 2. Even though Town does not have enough EEs to be subject to the FMLA under normal circumstances, is Town subject to the Emergency FMLA requirements under the Families First Coronavirus Response Act which provides for up to 10 weeks paid (2/3 pay) leave? 3. Do your Cities or Towns have procedures in place or requirements that must be met before a positive EE or a quarantined EE can return to work? I know larger cities and towns may have HR departments that handle these issues, but any input will be appreciated. Happy Thanksgiving and stay safe. Also, Covid -19 sucks (only my personal opinion). Thanks, Joe Weaver -------------------------------- Joe Weaver Attorney At Law 405.262.4040 405.262.4058 fax joe@basslaw.net<mailto:agbass@basslaw.net> [cid:image006.png@01D6C6F7.62747770] www.basslaw.net<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.basslaw.net%2F&data=04%7C01%7Cspaulson%40omag.org%7C1487448eecd148d9a8c808d8917a8311%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637419302672566993%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=lkX6Xh08015Op9a%2FhgfzL2iw3bvF2YwAoLV3lmmHcug%3D&reserved=0> 104 N. Rock Island Ave. P.O. Box 157 El Reno, OK 73036 NOTICE: The information contained in this transmission is or may be protected by the attorney-client and/or the attorney work product privilege and is confidential. It is intended only for the use of the individual or entity identified above. 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