Empathy List Archives

RK

Rick Knighton

Wed, Nov 18, 2020 3:49 PM

Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the
Workers' Compensation Laws of the State of Oklahoma."

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the Workers' Compensation Laws of the State of Oklahoma." Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<http://www.normanok.gov/> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

AS

Aaron Sims

Wed, Nov 18, 2020 4:49 PM

We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval.

Anyone else dealing with this?

[cid:image001.png@01D6BD97.41F1DF10]

Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov http://www.cityofwoodward-ok.gov

From: Oama oama-bounces@lists.imla.org On Behalf Of Rick Knighton
Sent: Wednesday, November 18, 2020 9:49 AM
To: 'oama@lists.imla.org' oama@lists.imla.org
Subject: [Oama] COVID-19 Leave

Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the
Workers' Compensation Laws of the State of Oklahoma."

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov mailto:rick.knighton@normanok.gov | ? www.normanok.gov https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

This email has been scanned for spam and viruses by Proofpoint Essentials. Click herehttps://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605714599-KlazNJkHNw_R&r_address=aaron%40woodwardattorney.com&report=1 to report this email as spam.

We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval. Anyone else dealing with this? [cid:image001.png@01D6BD97.41F1DF10] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<http://www.cityofwoodward-ok.gov> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Rick Knighton Sent: Wednesday, November 18, 2020 9:49 AM To: 'oama@lists.imla.org' <oama@lists.imla.org> Subject: [Oama] COVID-19 Leave Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the Workers' Compensation Laws of the State of Oklahoma." Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | ? www.normanok.gov<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. ________________________________ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605714599-KlazNJkHNw_R&r_address=aaron%40woodwardattorney.com&report=1> to report this email as spam.

RT

Robert Thompson

Wed, Nov 18, 2020 5:21 PM

The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Aaron Sims
Sent: Wednesday, November 18, 2020 10:50 AM
To: Rick Knighton Rick.Knighton@NormanOK.gov; 'oama@lists.imla.org' oama@lists.imla.org
Subject: Re: [Oama] COVID-19 Leave

We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval.

Anyone else dealing with this?

[cid:image001.png@01D6BD9D.05650530]
Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov http://www.cityofwoodward-ok.gov

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Rick Knighton
Sent: Wednesday, November 18, 2020 9:49 AM
To: 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] COVID-19 Leave

Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the
Workers' Compensation Laws of the State of Oklahoma."

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov mailto:rick.knighton@normanok.gov | ? www.normanok.gov https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

This email has been scanned for spam and viruses by Proofpoint Essentials. Click herehttps://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605714599-KlazNJkHNw_R&r_address=aaron%40woodwardattorney.com&report=1 to report this email as spam.

The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org> On Behalf Of Aaron Sims Sent: Wednesday, November 18, 2020 10:50 AM To: Rick Knighton <Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org> Subject: Re: [Oama] COVID-19 Leave We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval. Anyone else dealing with this? [cid:image001.png@01D6BD9D.05650530] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<http://www.cityofwoodward-ok.gov> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Rick Knighton Sent: Wednesday, November 18, 2020 9:49 AM To: 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] COVID-19 Leave Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the Workers' Compensation Laws of the State of Oklahoma." Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | ? www.normanok.gov<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. ________________________________ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605714599-KlazNJkHNw_R&r_address=aaron%40woodwardattorney.com&report=1> to report this email as spam.

AS

Aaron Sims

Wed, Nov 18, 2020 5:28 PM

Isn't the FFCRA limited to 80 hours for the two week period? The initial 80 hours was paid as extra paid time off and not deducted from the employee's bank. The grievance relates only to the additional 16 hours of regularly scheduled time missed due to quarantine.

[cid:image001.png@01D6BD9D.F4B13E60]

Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov http://www.cityofwoodward-ok.gov

From: Robert Thompson rthompson@cheekfalcone.com
Sent: Wednesday, November 18, 2020 11:22 AM
To: Aaron Sims Aaron@woodwardattorney.com; Rick Knighton Rick.Knighton@NormanOK.gov; 'oama@lists.imla.org' oama@lists.imla.org
Subject: RE: COVID-19 Leave

The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cheekfalcone.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=ZqDqBKAChotFFc77x8bkEMcPU4maj2UqKf5ft7K6OeE&e=

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Aaron Sims
Sent: Wednesday, November 18, 2020 10:50 AM
To: Rick Knighton <Rick.Knighton@NormanOK.gov mailto:Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: Re: [Oama] COVID-19 Leave

We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval.

Anyone else dealing with this?

[cid:image001.png@01D6BD9D.F4B13E60]

Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cityofwoodward-2Dok.gov&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=-Y-BLEMj46u4to2rdC9t2_e6Vp73BQL4NanwVml1b4A&e=

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Rick Knighton
Sent: Wednesday, November 18, 2020 9:49 AM
To: 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] COVID-19 Leave

Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the
Workers' Compensation Laws of the State of Oklahoma."

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov mailto:rick.knighton@normanok.gov | ? www.normanok.gov https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

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Isn't the FFCRA limited to 80 hours for the two week period? The initial 80 hours was paid as extra paid time off and not deducted from the employee's bank. The grievance relates only to the additional 16 hours of regularly scheduled time missed due to quarantine. [cid:image001.png@01D6BD9D.F4B13E60] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<http://www.cityofwoodward-ok.gov> From: Robert Thompson <rthompson@cheekfalcone.com> Sent: Wednesday, November 18, 2020 11:22 AM To: Aaron Sims <Aaron@woodwardattorney.com>; Rick Knighton <Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org> Subject: RE: COVID-19 Leave The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cheekfalcone.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=ZqDqBKAChotFFc77x8bkEMcPU4maj2UqKf5ft7K6OeE&e=> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Aaron Sims Sent: Wednesday, November 18, 2020 10:50 AM To: Rick Knighton <Rick.Knighton@NormanOK.gov<mailto:Rick.Knighton@NormanOK.gov>>; 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: Re: [Oama] COVID-19 Leave We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval. Anyone else dealing with this? [cid:image001.png@01D6BD9D.F4B13E60] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cityofwoodward-2Dok.gov&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=-Y-BLEMj46u4to2rdC9t2_e6Vp73BQL4NanwVml1b4A&e=> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Rick Knighton Sent: Wednesday, November 18, 2020 9:49 AM To: 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] COVID-19 Leave Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the Workers' Compensation Laws of the State of Oklahoma." Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | ? www.normanok.gov<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. ________________________________ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605714599-KlazNJkHNw_R&r_address=aaron%40woodwardattorney.com&report=1> to report this email as spam. ________________________________ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605720121-0LIyvqfXeu6c&r_address=aaron%40woodwardattorney.com&report=1> to report this email as spam.

RT

Robert Thompson

Wed, Nov 18, 2020 5:30 PM

I believe the 80 hours is correct. My response is not based on any fact specific situation with an individual, just based on the general provisions.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Aaron Sims Aaron@woodwardattorney.com
Sent: Wednesday, November 18, 2020 11:29 AM
To: Robert Thompson rthompson@cheekfalcone.com; Rick Knighton Rick.Knighton@NormanOK.gov; 'oama@lists.imla.org' oama@lists.imla.org
Subject: RE: COVID-19 Leave

Isn't the FFCRA limited to 80 hours for the two week period? The initial 80 hours was paid as extra paid time off and not deducted from the employee's bank. The grievance relates only to the additional 16 hours of regularly scheduled time missed due to quarantine.

[cid:image001.png@01D6BD9E.2EFAF750]
Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov http://www.cityofwoodward-ok.gov

From: Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com>
Sent: Wednesday, November 18, 2020 11:22 AM
To: Aaron Sims <Aaron@woodwardattorney.com mailto:Aaron@woodwardattorney.com>; Rick Knighton <Rick.Knighton@NormanOK.gov mailto:Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: RE: COVID-19 Leave

The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cheekfalcone.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=ZqDqBKAChotFFc77x8bkEMcPU4maj2UqKf5ft7K6OeE&e=

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Aaron Sims
Sent: Wednesday, November 18, 2020 10:50 AM
To: Rick Knighton <Rick.Knighton@NormanOK.gov mailto:Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: Re: [Oama] COVID-19 Leave

We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval.

Anyone else dealing with this?

[cid:image001.png@01D6BD9E.2EFAF750]
Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cityofwoodward-2Dok.gov&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=-Y-BLEMj46u4to2rdC9t2_e6Vp73BQL4NanwVml1b4A&e=

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Rick Knighton
Sent: Wednesday, November 18, 2020 9:49 AM
To: 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] COVID-19 Leave

Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the
Workers' Compensation Laws of the State of Oklahoma."

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov mailto:rick.knighton@normanok.gov | ? www.normanok.gov https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=

This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.

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I believe the 80 hours is correct. My response is not based on any fact specific situation with an individual, just based on the general provisions. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Aaron Sims <Aaron@woodwardattorney.com> Sent: Wednesday, November 18, 2020 11:29 AM To: Robert Thompson <rthompson@cheekfalcone.com>; Rick Knighton <Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org> Subject: RE: COVID-19 Leave Isn't the FFCRA limited to 80 hours for the two week period? The initial 80 hours was paid as extra paid time off and not deducted from the employee's bank. The grievance relates only to the additional 16 hours of regularly scheduled time missed due to quarantine. [cid:image001.png@01D6BD9E.2EFAF750] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<http://www.cityofwoodward-ok.gov> From: Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> Sent: Wednesday, November 18, 2020 11:22 AM To: Aaron Sims <Aaron@woodwardattorney.com<mailto:Aaron@woodwardattorney.com>>; Rick Knighton <Rick.Knighton@NormanOK.gov<mailto:Rick.Knighton@NormanOK.gov>>; 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: RE: COVID-19 Leave The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cheekfalcone.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=ZqDqBKAChotFFc77x8bkEMcPU4maj2UqKf5ft7K6OeE&e=> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Aaron Sims Sent: Wednesday, November 18, 2020 10:50 AM To: Rick Knighton <Rick.Knighton@NormanOK.gov<mailto:Rick.Knighton@NormanOK.gov>>; 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: Re: [Oama] COVID-19 Leave We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being "forced" to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn't have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a "bona fide" sickness/illness and that comp time is used at the option of the firefighter, with management approval. Anyone else dealing with this? [cid:image001.png@01D6BD9E.2EFAF750] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cityofwoodward-2Dok.gov&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs&m=8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po&s=-Y-BLEMj46u4to2rdC9t2_e6Vp73BQL4NanwVml1b4A&e=> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Rick Knighton Sent: Wednesday, November 18, 2020 9:49 AM To: 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] COVID-19 Leave Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers' Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, "diseases which qualify as occupational diseases under the Workers' Compensation Laws of the State of Oklahoma." Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | ? www.normanok.gov<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.normanok.gov_&d=DwMFAw&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4&m=dATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A&s=DsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs&e=> This e-mail is the property of the City Attorney's office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message. ________________________________ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605714599-KlazNJkHNw_R&r_address=aaron%40woodwardattorney.com&report=1> to report this email as spam. ________________________________ This email has been scanned for spam and viruses by Proofpoint Essentials. Click here<https://us3.proofpointessentials.com/index01.php?mod_id=11&mod_option=logitem&mail_id=1605720121-0LIyvqfXeu6c&r_address=aaron%40woodwardattorney.com&report=1> to report this email as spam.

SP

Suzanne Paulson

Wed, Nov 18, 2020 6:07 PM

And, if I remember correctly the FFCRA carved out an exception for emergency responders so the City is giving more than the FFCRA even required. With that said, I think the City did the right thing by affording the first responders that FFCRA benefit.

I don’t think you have a bad case but it is labor arbitration so I say you have a 50/50 shot. 😉

Suzie

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 Robert Thompson
Sent: Wednesday, November 18, 2020 11:30 AM
To: Aaron Sims Aaron@woodwardattorney.com; Rick Knighton Rick.Knighton@NormanOK.gov; 'oama@lists.imla.org' oama@lists.imla.org
Subject: Re: [Oama] COVID-19 Leave

I believe the 80 hours is correct. My response is not based on any fact specific situation with an individual, just based on the general provisions.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

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From: Aaron Sims <Aaron@woodwardattorney.com mailto:Aaron@woodwardattorney.com>
Sent: Wednesday, November 18, 2020 11:29 AM
To: Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com>; Rick Knighton <Rick.Knighton@NormanOK.gov mailto:Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: RE: COVID-19 Leave

Isn’t the FFCRA limited to 80 hours for the two week period? The initial 80 hours was paid as extra paid time off and not deducted from the employee’s bank. The grievance relates only to the additional 16 hours of regularly scheduled time missed due to quarantine.

[cid:image006.png@01D6BDA3.593E6AB0]
Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityofwoodward-ok.gov%2F&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C1%7C637413174644212147%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=%2FVrGKxfy7%2B0FkCnGqyitmwNmcare696vMR6WEEhP90Q%3D&reserved=0

From: Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com>
Sent: Wednesday, November 18, 2020 11:22 AM
To: Aaron Sims <Aaron@woodwardattorney.com mailto:Aaron@woodwardattorney.com>; Rick Knighton <Rick.Knighton@NormanOK.gov mailto:Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: RE: COVID-19 Leave

The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

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From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Aaron Sims
Sent: Wednesday, November 18, 2020 10:50 AM
To: Rick Knighton <Rick.Knighton@NormanOK.gov mailto:Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: Re: [Oama] COVID-19 Leave

We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being “forced” to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn’t have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a “bona fide” sickness/illness and that comp time is used at the option of the firefighter, with management approval.

Anyone else dealing with this?

[cid:image006.png@01D6BDA3.593E6AB0]
Aaron R. Sims
City Attorney, City of Woodward

P 580-256-3155
asims@cityofwoodward-ok.gov mailto:roreilly@cityofwoodward-ok.gov
722 Main Street | Woodward, OK 73801
www.cityofwoodward-ok.gov https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A__www.cityofwoodward-2Dok.gov%26d%3DDwMFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3D63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs%26m%3D8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po%26s%3D-Y-BLEMj46u4to2rdC9t2_e6Vp73BQL4NanwVml1b4A%26e%3D&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637413174644222106%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=7tY9Y8wUtprsFtljFKUjLcXHmTTHgtsN6OV2golztnA%3D&reserved=0

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Rick Knighton
Sent: Wednesday, November 18, 2020 9:49 AM
To: 'oama@lists.imla.org' <oama@lists.imla.org mailto:oama@lists.imla.org>
Subject: [Oama] COVID-19 Leave

Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers’ Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, “diseases which qualify as occupational diseases under the
Workers' Compensation Laws of the State of Oklahoma.”

Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.gov mailto:rick.knighton@normanok.gov | þ www.normanok.gov https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A__www.normanok.gov_%26d%3DDwMFAw%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3D-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4%26m%3DdATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A%26s%3DDsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs%26e%3D&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637413174644222106%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=0ddheDUR965kkvCLQEosOclCr1t%2FckLQDTp90qFTT8s%3D&reserved=0

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And, if I remember correctly the FFCRA carved out an exception for emergency responders so the City is giving more than the FFCRA even required. With that said, I think the City did the right thing by affording the first responders that FFCRA benefit. I don’t think you have a bad case but it is labor arbitration so I say you have a 50/50 shot. 😉 Suzie 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 Robert Thompson Sent: Wednesday, November 18, 2020 11:30 AM To: Aaron Sims <Aaron@woodwardattorney.com>; Rick Knighton <Rick.Knighton@NormanOK.gov>; 'oama@lists.imla.org' <oama@lists.imla.org> Subject: Re: [Oama] COVID-19 Leave I believe the 80 hours is correct. My response is not based on any fact specific situation with an individual, just based on the general provisions. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cheekfalcone.com%2F&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C1%7C637413174644202190%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=bBBykSijlQbPxvoCt%2Bl3VzCe3%2BhZPXeTt1qYThH3VuQ%3D&reserved=0> From: Aaron Sims <Aaron@woodwardattorney.com<mailto:Aaron@woodwardattorney.com>> Sent: Wednesday, November 18, 2020 11:29 AM To: Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>>; Rick Knighton <Rick.Knighton@NormanOK.gov<mailto:Rick.Knighton@NormanOK.gov>>; 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: RE: COVID-19 Leave Isn’t the FFCRA limited to 80 hours for the two week period? The initial 80 hours was paid as extra paid time off and not deducted from the employee’s bank. The grievance relates only to the additional 16 hours of regularly scheduled time missed due to quarantine. [cid:image006.png@01D6BDA3.593E6AB0] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cityofwoodward-ok.gov%2F&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C1%7C637413174644212147%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=%2FVrGKxfy7%2B0FkCnGqyitmwNmcare696vMR6WEEhP90Q%3D&reserved=0> From: Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> Sent: Wednesday, November 18, 2020 11:22 AM To: Aaron Sims <Aaron@woodwardattorney.com<mailto:Aaron@woodwardattorney.com>>; Rick Knighton <Rick.Knighton@NormanOK.gov<mailto:Rick.Knighton@NormanOK.gov>>; 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: RE: COVID-19 Leave The union is likely correct. As our labor law department has interpreted the federal act, if an employee is off for covid, they must be given two weeks paid leave, not charged to sick leave or vacation time. It is just extra paid leave, which the employer must bear. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A__www.cheekfalcone.com_%26d%3DDwMFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3D63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs%26m%3D8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po%26s%3DZqDqBKAChotFFc77x8bkEMcPU4maj2UqKf5ft7K6OeE%26e%3D&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637413174644212147%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=lq6cvRpornmgsBHR3%2B019b6URBQJwLC7uhzCuE7ng%2Fs%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Aaron Sims Sent: Wednesday, November 18, 2020 10:50 AM To: Rick Knighton <Rick.Knighton@NormanOK.gov<mailto:Rick.Knighton@NormanOK.gov>>; 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: Re: [Oama] COVID-19 Leave We are also having an issue with a labor union concerning paid time off for quarantine due to exposure, but not a work related exposure. IAFF has filed a grievance and it is going to arbitration. A firefighter was exposed outside of work and was instructed to quarantine for 14 days. Due to the timing, he missed 96 hours of work during quarantine. He was paid for 80 hours by the city (under the expanded paid leave of the FFCRA). The grievance relates to being “forced” to use comp time for the additional 16 hours missed due to quarantine. Union is claiming that all time missed due to quarantine should be paid and the firefighter shouldn’t have to use any of his PTO bank, whether sick time or comp time. The CBA provides that sick time can be used for a “bona fide” sickness/illness and that comp time is used at the option of the firefighter, with management approval. Anyone else dealing with this? [cid:image006.png@01D6BDA3.593E6AB0] Aaron R. Sims City Attorney, City of Woodward P 580-256-3155 asims@cityofwoodward-ok.gov<mailto:roreilly@cityofwoodward-ok.gov> 722 Main Street | Woodward, OK 73801 www.cityofwoodward-ok.gov<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A__www.cityofwoodward-2Dok.gov%26d%3DDwMFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3D63nwy59tqnU-rmnKnu3qexsqlsbqpKsiECVF_XR1vCs%26m%3D8CnWX4jIZPRiPEp4x2MDw_Vdb6NH5QUrqt3XnLdL2po%26s%3D-Y-BLEMj46u4to2rdC9t2_e6Vp73BQL4NanwVml1b4A%26e%3D&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637413174644222106%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=7tY9Y8wUtprsFtljFKUjLcXHmTTHgtsN6OV2golztnA%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Rick Knighton Sent: Wednesday, November 18, 2020 9:49 AM To: 'oama@lists.imla.org' <oama@lists.imla.org<mailto:oama@lists.imla.org>> Subject: [Oama] COVID-19 Leave Is anyone having issues with their labor unions regarding the type of leave that should be used when an employee is being quarantined because of a work related exposure? AFSCME has filed a grievance against the City which contends that the City is required to negotiate a separate leave police for COVID-19 related exposures. This case is set for arbitration in 2021. The police department has been putting their employees on OJI leave but we are advising that being quarantined for a COVID-19 exposure does not qualify as an occupational disease under the Workers’ Compensation Laws of the State of Oklahoma. The FOP Contract defines the term injury to include, “diseases which qualify as occupational diseases under the Workers' Compensation Laws of the State of Oklahoma.” Rickey J. Knighton II | Assistant City Attorney | City of Norman 201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070 ' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.gov<mailto:rick.knighton@normanok.gov> | þ www.normanok.gov<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttp-3A__www.normanok.gov_%26d%3DDwMFAw%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3D-qT3JTMD-95lLGgOM0eiuXQxeV36rLkUjOJouLUY9d4%26m%3DdATq141H1psYwuZTFfEKsAoLzTlfgY6hYZ_YPZ9Xm4A%26s%3DDsCyi1ICBMdkkL2qkvS7N_pntoUTBj_VhOEThO3iZBs%26e%3D&data=04%7C01%7Cspaulson%40omag.org%7C94cf860a69f1446f0af308d88be7b847%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637413174644222106%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=0ddheDUR965kkvCLQEosOclCr1t%2FckLQDTp90qFTT8s%3D&reserved=0> This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. 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