Item C17 C.17'
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County of Monroe
�y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: C.17
Agenda Item Summary #7704
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Bryan Cook(305) 292-4537
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AGENDA ITEM WORDING: Approval of a Resolution extending the paid and partially-paid
leave-of-absence provisions of the Families First Coronavirus Response Act (FFCRA) for
employees through March 31, 2021.
ITEM BACKGROUND: Approval of a Resolution extending the leave-of-absence provisions of
the Families First Coronavirus Response Act(FFCRA) for employees through March 31, 2021.
In early 2020, the Federal government passed the FFCRA, which required certain employers
(including Monroe County)to provide job protected leaves of absences and paid leaves to employees
affected by the COVID-19 virus, when certain circumstances apply. Those Federal requirements
expired on December 31, 2020. The recent COVID-19 relief package passed by the Federal
government did not address an extension or modification of FFCRA beyond 12/31/2020. However,
employers may choose to continue the provisions through March 31, 2021.
In April of 2020, the BOCC passed a resolution that set Administrative Leave as the method by
which the County would comply with the FFCRA: Employees absent for one or more stated reasons
under the Families First Coronavirus Response Act(FFCRA), shall have Administrative Leave
applied as the form of payment to comply with the Act, at the full or partial rate defined in the Act.
Approval of this resolution will continue the same practices through March 31, 2021.
A summary of the circumstances covered under the FFCRA includes:
• Two weeks (up to 80 hours) of paid sick leave at the employee's regular rate of pay
where the employee is unable to work because the employee is quarantined (pursuant to
Federal, State, or local government order or advice of a health care provider), and/or
experiencing COVID-19 symptoms and seeking a medical diagnosis; or
• Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee's regular rate
of pay because the employee is unable to work because of a bona fide need to care for an
individual subject to quarantine (pursuant to Federal, State, or local government order or
advice of a health care provider), or care for a child(under 18 years of age) whose school
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C.17
or child care provider is closed or unavailable for reasons related to COVID-19, and/or
the employee is experiencing a substantially similar condition as specified by the
Secretary of Health and Human Services, in consultation with the Secretaries of the
Treasury and Labor; or
• Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds
the employee's regular rate of pay where an employee is unable to work due to a bona
fide need for leave to care for a child whose school or child care provider is closed or
unavailable for reasons related to COVID-19.
PREVIOUS RELEVANT BOCC ACTION:
April 12, 2020 —BOCC set a policy that established Administrative Leave as the method by which
the County would comply with the FFCRA
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2021 Resolution - FFCRA EXTENSION
Resolution 105-2020 FFCRA
FINANCIAL IMPACT:
Effective Date: January 1, 2021
Expiration Date: March 31, 2021
Total Dollar Value of Contract: N/A
Total Cost to County: Subject to utilization
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
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C.17
REVIEWED BY:
Bryan Cook Completed 01/05/2021 9:56 AM
Cynthia Hall Completed 01/05/2021 10:56 AM
Assistant County Administrator Christine Hurley Completed
01/05/2021 11:49 AM
Purchasing Completed 01/05/2021 12:01 PM
Budget and Finance Completed 01/05/2021 12:16 PM
Tina Boan Completed 01/05/2021 1:07 PM
Maria Slavik Completed 01/05/2021 1:17 PM
Liz Yongue Completed 01/05/2021 2:27 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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RESOLUTION NO. _ - 2021
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
EXTENDING PAID SICK LEAVE AND LEAVE-OF- '
ABSENCE PROVISIONS OF THE FAMILIES FIRST
CORONAVIRUS RESPONSE ACT (FFCRA) FOR COUNTY
EMPLOYEES THROUGH MARCH 31, 2021.
WHEREAS, in early 2020, the Federal government passed the Families First
Coronavirus Response Act (FFCRA), which required certain employers (including y
Monroe County) to provide job protected leaves of absences and paid leaves to
employees affected by the COVID-19 virus, when certain circumstances apply; and Ln
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WHEREAS, those Federal requirements expired on December 31, 2020 and the
recent COVID-19 relief package passed by the Federal government did not address
an extension or modification of FFCRA beyond 12/31/2020; and
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WHEREAS, employers may opt to continue the provisions through March 31, 2021 ; and
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WHEREAS, in April of 2020, the Board of County Commissioners of Monroe
County did adopt Resolution No. 105-2020, which set Administrative Leave as the
method by which the County would comply with the FFCRA; and
WHEREAS, the Monroe County Board of County Commissioners (BOCC) now
wishes to extend the provisions of the Families First Coronavirus Response Act as z
allowed.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
1. Monroe County BOCC employees absent for one or more stated reasons under
the Families First Coronavirus Response Act (FFCRA), shall have Administrative
Leave applied as the form of payment to comply with the Act, at the full or partial
rate defined in the Act, through March 31, 2021.
2. This shall serve as only an extension of the provisions of the FFCRA through
March 31, 2021 and shall not be a new or additional availability of leave or pay
for any employee. Any leave already used by an employee or pay already
received by an employee under the FFCRA shall count toward the
comprehensive maximum allowances defined in the FFCRA.
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3. This Resolution shall be effective as of January 1, 2021.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on January 20, 2021.
Mayor Michelle Coldiron
Mayor Pro Tern David Rice
Commissioner Craig Cates
Commissioner Mike Forster
Commissioner Eddie Martinez
(Attest) BOARD OF COUNTY COMMISSIONERS y
KEVIN MADOK, CLERK OF THE COURT OF MONROE COUNTY, FLORIDA
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By: By:
As Deputy Clerk Mayor
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Approved as to form: >
Monroe County Attorney's Office
1-5-2021
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C.17.b
RESOLUTION NO. 105 - 2020 -�
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, SETTING POLICY FOR COMPENSATION FOR REGULAR
WORK AND PUBLIC EMERGENCY RESPONSE WORK >
RELATED TO THE COVID-19 EVENT.
WHEREAS, Monroe County has a standing policy regarding compensation for emergency
response work in Resolution No. 146-2013; and
WHEREAS, the COVID-19 emergency has presented a number of unique challenges not U
typical of other types of emergencies the County has previously faced; and
WHEREAS, a need exists to establish compensation and employment practices to address y
the uniqueness of the COVID-19 emergency; and
WHEREAS, the Board of County Commissioners now wishes to set such policies and 2
practices and implement them retroactively to April 12, 2020, the start of the current
pay period.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, THAT:
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1. Furloughs - Any employee whose work is suspended in its entirety shall be
furloughed until such time that work again becomes available. Furloughed
employees shall not be eligible for Administrative Leave compensation. Furloughed
employees perform no work and receive no earnings, but shall remain an employee
of the County while on furlough.
2. Furloughed employees may choose to apply any form of their own earned leave (i.e.
sick leave, annual leave, compensatory time, etc.) to receive pay for an amount of
time up to the amount of total earned leave. Health insurance and voluntary policies
(i.e. dental, vision, and supplemental life insurance) shall remain in effect for
furloughed employees and the employee-portion of their monthly premiums for each CD
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shall be waived while the employee is in a furlough status until the beginning of the
next pay period following the employee's return to work. The employer contributions '
to a Health Savings Account (HSA) shall continue, but employee contributions to an
HSA shall be suspended unless the employee chooses to continue the contributions.
All furloughed employees shall continue to accrue sick and annual leave as if no
furlough had occurred. Furloughs are considered temporary in nature. Nothing
described herein is intended to be considered a guarantee of return to work at a
future date.
3. Partial Furloughs—Any employee whose work is partially suspended shall only be
paid for the time worked. Partially furloughed employees shall not be eligible for
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C.17.b
Administrative Leave compensation for the purpose of completing their regular -�
schedule and making them "whole". Partially Furloughed employees perform some
work and receive earnings equal to the work they perform and shall retain their
previous status as an employee of the County while on partial furlough.
4. Partially Furloughed employees may choose to apply any form of their own earned
leave (i.e. sick leave, annual leave, compensatory time, etc.)to complete their
regular schedule and supplement their earnings up to the amount of total earned
leave. Health insurance and voluntary policies (i.e. dental, vision, and supplemental
life insurance) shall remain in effect for partially furloughed employees and the
employee-portion of their monthly premiums for each shall be waived while the
employee is in a furlough status until the beginning of the next pay period following
the employee's return to full time work. The employer contributions to a Health
Savings Account (HSA) shall continue, but employee contributions to an HSA shall
be suspended unless the employee chooses to continue the contributions. All
furloughed employees shall continue to accrue sick and annual leave as if no
furlough had occurred. Partial Furloughs are considered temporary in nature.
Nothing described herein is.intended to be considered a guarantee of return to full
time work at a future date.
5. COVID-related Absences.- Employees who must personally be absent from work
due to one or more of the stated reasons in the Families First Coronavirus Response
Act (FFCRA) and who are not working, shall have Administrative Leave pay applied
to the allowable absence. Administrative Leave shall serve as the form of payment to
comply with the Act. Administrative Leave shall be paid for the reasons specified in y
the Act, and at either the full or partial rate as specified by the Act. Human W
Resources shall review and approve leave under the FFCRA,just as it does with the
Family and Medical Leave Act(FMLA).
6. Working - Employees working (whether performing regular duties or emergency
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response work) shall be paid according to the County's normal pay practices, as
described in Section 5 of the Personnel Policies and Procedures Manual regarding
Hours and Work.
7. The provisions contained in this Resolution shall take effect retroactive to April 12,
2020, the start date for the current pay period. This resolution shall remain in LO
effect until repealed by the Board of County Commissioners.
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8. This resolution supersedes Resolution No. 146-2013 to the extent the two are
inconsistent, for the purpose of the COVID-19 event, only. In all other respects the y
terms and conditions of Resolution No. 146-2013 shall remain in full force and effect.
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C.17.b
9. The policies and practices described herein are not intended to, nor shall they,
supersede or conflict with any state or federal laws regarding compensation.
10.Severability. If Court of competent jurisdiction determines that any portion of
this resolution is unenforceable, the remainder of the resolution shall remain in
full force and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of the Board held on April 15, 2020.
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Mayor Heather Carruthers Yes
Mayor Pro Tern Michelle Coldiron Yes
Commissioner Sylvia J. Murphy No
Commissioner David Rice Yes
i -Eommissioner Craig Cates Yes
-„(Attest).." w BOARD OF COUNTY COMMISSIONERS
KEVINMADOK, CLERK OF THE COURT OF MONROE CO", FLORIDA
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