Group:

Have a town that has an employee with a child that was exposed to COVID, so the child has to be quarantined. Can the town have the employee take personal time or vacation time off to be with the child??  OR does CDC guidelines say the parent has to quarantine as well??

Input is greatly appreciated.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttp://www.lvickerslaw.com/

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.

These are the qualifications for the Emergency Paid Sick Leave.  If the employee meets one of these criteria then they should be given the benefit of Emergency Paid Sick Leave.  In the situation you have presented, I think the employee may qualify for #4 (assuming the employee can provide a doctor's notes that the child was required to quarantine.)  Number 4 would make the employee eligible for 80 hours of leave at 2/3 their regular rate, up to $200 per day and $2,000 over a 2-week period.
They can also use their own sick leave or vacation leave to get them to full pay, if needed.
Here is the link to the USDOL website with the following information:
Qualifying Reasons for Leave:
Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:

1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
   

2. has been advised by a health care provider to self-quarantine related to COVID-19;
   

3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
   

4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
   

5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
   

6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
   

Duration of Leave:
For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.
For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.
Calculation of Pay:
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]https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave#_ftn4

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

Suzanne D. Paulson
General Counsel
spaulson@omag.orgmailto: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 Larry Vickers
Sent: Monday, September 14, 2020 12:31 PM
To: oama@lists.imla.org
Subject: [Oama] COVID TIME

Group:

Have a town that has an employee with a child that was exposed to COVID, so the child has to be quarantined. Can the town have the employee take personal time or vacation time off to be with the child??  OR does CDC guidelines say the parent has to quarantine as well??

Input is greatly appreciated.

Larry Vickers, Jr.
Attorney At Law, P.L.L.C.

600 Emporia Street, Suite B

Muskogee, Oklahoma 74401

Phone: 918-682-5900

&

303 South Thornton

Vian, Oklahoma 74962

Phone: 918-773-4004

http://www.lvickerslaw.comhttps://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=02%7C01%7Cspaulson%40omag.org%7Cd32c1ddcf0ad4bb72fc908d858d41c61%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637357015320264527&sdata=dow3%2FAktbOeBfncRoaE5lhs%2FMvzktE9AIoWGTrHUApc%3D&reserved=0

E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.