FILE: GBRIBC
EMERGENCY PAID SICK LEAVE (COVID-19 PANDEMIC)
The United States Congress enacted the Families First Coronavirus Response Act (FFCRA) to assist employees affected by the COVID-19 outbreak with job-protected leave and emergency paid sick leave. Paid leave afforded by the FFCRA expired on December 31, 2020. The Acadia Parish School Board is aware of its employees’ continued need for such leave. Accordingly, the provisions of the present policy shall govern that additional sick leave available to eligible employees for the 2021-2022 school year.
Eligibility
All full- and part-time employees unable to work or telework, as determined by the employee’s immediate supervisor, due to one of the following reasons for leave:
An employee is subject to quarantine or isolation related to COVID–19.
The employee has tested positive for COVID-19 or is experiencing symptoms of COVID–19 and is seeking a medical diagnosis.
The employee is caring for an individual as defined below.
The employee is caring for his or her child if the school or place of care of the child has been closed, or the childcare provider of such child is unavailable, due to COVID–19 precautions.
“Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is:
under eighteen (18) years of age; or
eighteen (18) years of age or older and incapable of self-care because of a mental or physical disability.
“Individual” means an immediate family member, roommate or similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person if he or she self-quarantined or was quarantined. Additionally, the individual being cared for shall:
Have been tested positive for COVID-19 or advised by a health care provider to self-quarantine based on a belief that he or she has COVID-19, may have COVID-19 or is particularly vulnerable to COVID-19.
Amount of Paid Sick Leave
All eligible full-time employees shall be eligible for up to ten (10) days or eighty (80) hours of paid sick leave available to use for the qualifying reasons above. Eligible part-time employees are entitled to the number of hours worked, on average, over a two (2)-week period.
For employees with varying hours, one of two methods for computing the number of hours paid shall be used:
The average number of hours that the employee was scheduled per day over the six (6)-month period ending on the date on which the employee takes leave, including hours for which the employee took leave of any type. Or,
If the employee has worked less than six (6) months, the expected number of hours to be scheduled per day at the time of hire.
Rate of Pay
Paid emergency sick leave shall be paid at the employee's regular rate of pay.
Interaction with Other Paid Leave
The employee may use emergency paid sick leave under this policy before using any other accrued paid time off for the qualifying reasons stated above. Such paid leave shall count toward the twelve (12) weeks unpaid leave to which employees may be entitled under the FMLA.
Procedure for Requesting Emergency Paid Sick Leave
Employees shall notify the School Board of the need and specific reason for leave under this policy. A form shall be provided to all employees on the School Board intranet and/or in a manner accessible to all. Verbal notification shall be accepted until practicable to provide written notice.
Documentation supporting the need for leave shall be included with the leave request form, such as:
Written documentation of a positive COVID-19 test or written documentation from a health care provider (if applicable) advising the employee that he/she to self-quarantine due to concerns related to COVID-19.
The name and relation of the individual for whom the employee is taking leave because the individual has tested positive, is subject to a quarantine or isolation order, or is advised to self-quarantine.
The name and age of the child or children being cared for; the name of the school, place of care, or child care provider that closed or became unavailable; and a statement that no other suitable person is available to care for the child during the period of requested leave.
Once emergency paid sick leave has begun, the employee and his or her supervisor shall determine reasonable procedures for the employee to report periodically on the employee’s status and intent to continue to receive paid sick time.
Carryover
Paid emergency sick leave under this policy shall not be provided beyond June 30, 2022. Any unused paid sick leave shall not carry over to the next year or be paid out to employees.
Job Protections
No employee who appropriately utilizes emergency paid sick leave under this policy shall be discharged, disciplined or discriminated against for work time missed due to this leave. At the same time, any employee found to have applied for and used such leave when he/she was not eligible for same shall be such to disciplinary action up to and including possible termination.
New policy: August 3, 2020
Revised: February 1, 2021
Revised: September 13, 2021
Ref: 29 USC 2601 et seq (Families First Coronavirus Response Act (FFCRA))
29 CFR Part 826 (Paid Leave Under the Families First Coronavirus Response Act)
Board minutes, 8-3-20, 2-1-21, 9-13-21
Acadia Parish School Board