Table of Contents: Chapter 9
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901 Temporary Policies During COVID-19
Introduction: When the Mayor declares a State of Emergency, it is the intent of the City of Lee’s Summit to protect employees, facilities, systems, property, and normal operations to the greatest extent possible. In the event that normal operations cannot be maintained, the goal is to maximize the continuity of essential services in order to minimize the adverse impact of the emergency.
The City desires to keep all employees working their normal hours, but there may be a time in the future where the City needs to suspend certain services and operate with a reduced staff due to a decrease in the need for a limited ability to deliver full City services. In such cases, the City will further revise these temporary policies and return to full operations and services as quickly as possible. These temporary policies specifically addresses Human Resource procedures necessary to support the above goals.
The following emergency temporary policies specifically addresses Human Resource procedures necessary to support the above goals. To the extent these policies conflict with existing City or department personnel policies, the temporary policies shall control. Any policies not conflicting with these temporary policies shall remain valid and enforceable. The policies will be reevaluated within the context of the current situation and may be modified at any time, with or without prior notice.
Suspension of Certain Policies with the current version of the City’s Personnel Policies
The following personnel policies have been temporarily suspended:
• Policy 208 – Out of Class Pay – (no new requests authorized 3/23/2020 - requests reauthorized 6/23/2020)
• Policy 301.2 – Dependent Sick Leave – (no limit on use for dependent)
• Policy 301.6 – Doctor’s Excuse – (not required for 3 day absence)
• Policy 303.5 – Vacation Payout (no cash payout)
• Policy 309.7 – Family Medical Leave – (Employee may use the leave bank of his/her choice for FMLA leave)
• Policy 311 – Discretionary Leave of Absence (no new requests authorized)
Temporary Emergency Personnel Policies
Section 1: Off Duty Employment Eliminated 05/17/2021 - Refer to Section 107
Any off duty employment as defined in Section 107 of the Personnel Policies must be pre-approved by the Department Director and/or City Manager in coordination with Human Resources and will not occur during a leave of absence, excluding vacations. Employees who have other employment must provide notice to the City in writing to their supervisor and or Human Resources.
The Department Director in consultation with the City Manager may revoke permission to work any off-duty employment.
Section 2: Hours Worked Eliminated 05/17/2021
Notwithstanding any other policy to the contrary, the Department Director may amend the hours of an Employee’s normal workday and/or normal workweek to meet the City’s demands. This includes assigning Employees to staggered work periods, work shifts, and alternate hours to limit contact among Employees.
Section 3: Alternative Work Arrangements and Schedules Eliminated 05/17/2021
At the Department Director’s discretion, alternative work arrangements (e.g. flexible work schedule or telecommuting) may be created in order to maintain City operations during Emergency Operations Plan activation. Before an Employee may telecommute, the Employee must receive written approval from the Department Director. To the extent possible, the department should institute a mechanism for tracking the work and productivity measures in place. All work must be reported in accordance with departmental procedure. An employee working a flexible work schedule or telecommuting shall not work overtime without written approval from the Department Director.
Section 4: Temporary Job Transfers Eliminated 05/17/2021
It may become necessary to temporarily change an Employee's job duties, work assignments, and/or the location in which the duties are performed. The Employee’s Department Director will use his/her discretion to determine what work each Employee will perform while these temporary policies are in place.
Section 5: Overtime Eliminated 05/17/2021
During the declaration of an emergency, all employees should be prepared to work mandatory overtime to accommodate community needs. Notwithstanding any other policy to the contrary, all Employees must work overtime upon the request of the Employee’s Department Director or designee. Employee’s working overtime will be paid in accordance with the FLSA and Section 206 of the City’s Personnel Policies.
Section 6: Workers Compensation (Beginning 3/23/2020 and Made Permanent)
Workers Compensation reports shall be submitted to the Human Resources Department via email only. Hard copy reports shall not be accepted.
Section 7: Sick Leave Eliminated 05/17/2021
If an Employee is ill and the Employee has used all of the Employee’s available leave, including but not limited to Sick Leave, Vacation Leave, Personal Leave, and Compensatory Time, the City, at its sole discretion, may advance a Regular Employee up to eighty (80) hours and a Shift Employee up to two-hundred forty (240) hours of Sick Leave through a written and signed Agreement between the City and the Employee. An Employee advanced Sick Leave shall not accrue additional Sick Leave until the advanced Sick Leave is recovered by the City. Future leave accruals will be used to pay back the advanced Sick Leave. Should termination of employment occur the employee may be asked to reimburse the City for un-reimbursed advanced pay. Employees may use Sick Leave accrual time to care for a Family Member as defined by the City’s Personnel Policies.
Section 8: FMLA Eliminated 05/17/2021 - Refer to Section 309
Reasonable Accommodations, and COVID-19. If an Employee, or the Employee’s spouse, child, or parent, is diagnosed with COVID-19, the Employee may apply for FMLA. Nothing in this temporary policy is intended to limit or prevent an Employee from filing for FMLA for other valid reasons. Please see the Human Resources Departments if you have any questions as to what events and conditions are eligible for FMLA.
Notwithstanding anything in Section 309 of the Personnel Policies to the contrary, if an Employee needs FMLA leave, the Employee shall contact the Director of Human Resources or the Benefits Specialist in Human Resources to establish the FMLA leave bank. When the Employee returns to work, the City will work with the Employee to complete and file the necessary FMLA paperwork.
An Employee who needs a reasonable accommodation pursuant to the Americans with Disabilities Act shall contact Human Resources to request the accommodation and is not required to provide medical documentation to establish his or her disability.
Section 9: Illness at Work
Employees shall not come to work if the Employee is ill, or if the Employee is living or caring for a person who (i) has tested positive for COVID-19 or (ii) is exhibiting signs and symptoms of COVID-19, which include fever, dry cough and shortness of breath. If the Department Director or his/her designee reasonably believes that an Employee is ill, the Director or designee may send the Employee home. A fit for duty report is not required to send the individual home with pay during this emergency policy.
Section 10: Vacation and Personal Leave (Effective March 1, 2021) Eliminated 05/17/2021
The Department Director must approve any and all vacation and personal leave before an Employee who has not been sent home by the City may use vacation. The Department Director may revoke a previously approved vacation or personal leave at any time to protect the public health, safety, and welfare.
The maximum vacation accrual is hereby increased by one-hundred (100) hours based on the maximum accrual schedule in place. Accordingly, Regular employees may accrue up to 340 hours of vacation leave and Shift employees may accrue up to 580 hours of vacation leave. The additional 100 hours of vacation leave must be used within 12 months from May 31, 2021
Section 11: Portable Communication Device Allowance Eliminated 05/17/2021
An Employee required by his/her Department Director to forward the Employee’s work phone to the Employee’s personal cell phone will receive a monthly reimbursement of $35.00 if both (i) the Employee has not been issued a City Portable Communication Device and (ii) the Employee does not currently receive a Portable Communication Device Allowance.
Section 12: Job Abandonment Permanent - Refer to Section 415
As a reminder, unless an Employee is directed to stay home or is using approved leave time, the Employee must report to work according to City and department policies. If an Employee is going to be absent for any reason, the Employee shall continue to follow their department policy to call in any absence.
An Employee who takes leave for the purpose of avoiding exposure to COVID-19 is not protected under the FMLA.
Section 13: Dishonest Reasons for Leave Permanent
Any Employee determined to have given a false or dishonest reason for leave shall be disciplined, which may include termination.
Section 14: Travel (Revised April 1, 2020) Eliminated 05/17/2021
A. Business Travel: All City-related travel outside of the Kansas City metropolitan area is suspended. Any exception to this policy must have written approval from the Director and the City Manager prior to arrangements being made.
B. Personal Travel: All personal travel outside of the Kansas City metropolitan area must be reported to Department Director. If an Employee has contact with any person displaying the signs or symptoms of COVID-19, the Employee must report such contact to his/her supervisor. The City strongly encourages such Employees to quarantine themselves for 14-days after such contact using the Employee’s accrued vacation.
The City reserves the right to require employees to quarantine for up to 14 days depending on location of travel. If the employee is unable to telework during the quarantine, the employee may be required to use the employee’s leave time to receive pay.
C. ORDER EXPIRED ON MAY 11, 2020 - Personal Travel during Stay-At-Home Order: All travel using vacation and/or personal leave during the Jackson County Stay-at-Home Order signed March 22, 2020 (the “Order”), as may be extended or expanded, is prohibited, except for travel for Essential Activities, as described in the Order, in effect at the time of the request.
‘Essential Activities’, as provided in the Order, means to engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (including, but not limited to, pets), such as, by way of example only and without limitation, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies they need to work from home; to obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others; to care for a family
member or pet in another household; or to engage in outdoor activity, provided the individuals comply with Social Distancing Requirements.
DISCONTINUTED AS OF 4/1/2020 - Section 15: Leave for Child Care. Upon written approval from the Department Director, an Employee may take leave to care for a dependent child under the age of 18. If the Employee has available vacation leave, personal leave, or compensatory time, the Employee may use such leave to receive paid leave while caring for a dependent child under the age of 18. If an Employee has no paid leave, any leave granted under this policy shall be unpaid leave and shall not exceed 80 hours for Regular Employees and not exceed 240 hours for Shift Employees.
Section 15: Temporary Leave Pursuant to the Families First Coronavirus Response Act (Effective 04/01/2021 - 09/30/2021) DISCONTINUED AS OF 09/30/2021
Purpose: The Employee Paid Sick Leave Act and the Emergency Family Medical Leave Expansion Act as enacted by the Families First Coronavirus Response Act expired on December 31, 2020. Because the pandemic caused by the 2019 novel coronavirus continues to effect City employees and their families, the City has decided to continue to provide the leave set forth in the Families First Coronavirus Response Act and include additional reasons to take such leave as set forth in the American Rescue Plan Act. The City reserves the right to amend or revoke these policies at any time, with or without notice, and for any reason.
Section 15: Temporary Leave for Employees Not Classified as Emergency Responders. is repealed in its entirety and replaced with the following:
Section 15: Temporary Leave for Employees under the Families First Coronavirus Relief Act.
15.1 Special Employee Paid Sick Leave (“Special EPS Leave”). All Employees are entitled to paid leave if the Employee is unable to work (or telework) because the Employee:
1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; or
2. has been advised by a health care provider to self-quarantine related to COVID-19; or
3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; or
4. has been exposed to COVID-19 and is seeking or awaiting result of a diagnostic test for, or medical diagnosis of, COVID-19; or
5. at the employer’s requests, is seeking or awaiting result of a diagnostic test for, or medical diagnosis of, COVID-19; or
6. is obtaining an immunization related to COVID-19, or recovering from an injury, disability, illness or condition related to an immunization related to COVID-19; or
7. is caring for an individual subject to an order described in (1) above or self-quarantine as described in (2) above; or
8. 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
9. is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.
This leave shall be classified as “Special EPS Leave.”
Starting April 1, 2021, Regular and Shift Employees will receive up to 80 hours of Special EPS Leave, at their regular rate of pay, not to exceed $500 per day. Part-time Employees requesting Special EPS Leave will receive paid leave at their regular rate of pay for up to the number of hours the employee averages during a 2-week period over the past six months. An Employee may elect to use the Employee’s available Sick Leave, Vacation Leave, Personal Leave, and Compensatory Time for the reasons set forth in this policy instead of taking Special EPS Leave, but the City shall not require the Employee to take his/her accrued leave before taking Special EPS Leave.
Notice. An Employee must provide reasonable notice to his/her Department Director as soon as possible after the Employee knows of the need for paid Special EPS Leave. Reasonable notice means providing at least 24 hours written notice if the need for leave is foreseeable, and as much notice as possible, if the need for leave is unforeseeable.
Expiration. The Special EPS Leave granted under this policy expires on September 30, 2021. Upon the expiration of this policy, any unused Special EPS Leave will be forfeited and will not be converted to an Employee’s sick leave bank. Employees are not entitled to reimbursement for unused Special EPS Leave upon termination, resignation, retirement, or other separation from employment.
15.2 Special Family Medical Leave.
In addition to the Special EPS leave, all Employees who have been employed with the City for 30 days or more before the date leave is requested shall receive paid leave shall receive paid leave if the Employee is unable to work (or telework) because the Employee:
1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; or
2. has been advised by a health care provider to self-quarantine related to COVID-19; or
3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; or
3. has been exposed to COVID-19 and is seeking or awaiting result of a diagnostic test for, or medical diagnosis of, COVID-19; or
4. at the employer’s requests, is seeking or awaiting result of a diagnostic test for, or medical diagnosis of, COVID-19; or
5. is obtaining an immunization related to COVID-19, or recovering from an injury, disability, illness or condition related to an immunization related to COVID-19; or
6. is caring for an individual subject to an order described in (1) above or self-quarantine as described in (2) above; or
7. 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
8. is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.
This leave shall be classified as “Special Family Medical Leave”. An Employee requesting Special Family Medical Leave may receive up to 12 weeks of
Special Family Medical Leave. Employees are entitled to up to twelve (12) weeks of paid leave at two-thirds (2/3) the Employee’s regular rate of pay, not to exceed $200 per day. If an Employee has used FMLA Leave (including the leave used pursuant Emergency Family Medical Leave Expansion Act) within the past 12 months from the date of the requested leave, the amount of Special Family Medical Leave will be reduced by the amount of FMLA Leave-- the Employee has already used.
Notice. An Employee must provide reasonable notice to his/her Department Director in order to receive Special Family Medical Leave. Reasonable notice means providing at least five (5) days’ written notice if the need for leave is foreseeable, and as much notice as possible, if the need for leave is unforeseeable.
Expiration. The Special Family Medical Leave granted under this policy expires on September 30, 2021. Upon the expiration of this policy, any unused Special Family Medical Leave is forfeited and will not be converted to an Employee’s sick leave bank. Employees are not entitled to reimbursement for unused Special EPS Leave upon termination, resignation, retirement, or other separation from employment.
Section 15.3: Temporary Leave for Employees Classified as Emergency Responders is repealed in its entirety. Eliminated 04/01/2021
Section 16: Furlough Policy for COVID-19 (Effective April 23, 2020) Eliminated 04/01/2021
Furlough: placing an employee in a temporary, non-duty, non-pay status because of lack of work or funds, or other non-disciplinary reasons.
Parameters
Employees shall not perform any work for the City during the period of furlough. Accordingly, the employee shall return all City-owned equipment, including laptops, cellphones, tablets, etc., as well as badges and keys to facilities. Webmail access will be discontinued during the period of furlough. No employee shall be furloughed for more than twelve (12) months.
Benefits
Employees who have been placed on furlough will not receive pay, but will continue to receive health insurance benefits. The employee will be responsible for reimbursing the City for the employee’s individual portion of each month’s insurance premium. Payment for these premiums shall be made not less than once (1) per month, on or before the fifteenth (15th) day of each month, for each full month of premiums due. If an employee fails to pay his or her individual portion of each month’s insurance premium on or before the due date, the insurance benefits will be terminated, and a COBRA event would occur. In a COBRA event, the employee is responsible for both the City and employee’s portion of the insurance premium.
The employee will be responsible for paying the employee’s individual portion of any elective/voluntary benefits for which the employee may be enrolled as long as the employee remains eligible. Please contact Human Resources if you have any questions regarding benefits that result in deductions from your paycheck.
Employees who have been placed on furlough may not use their accrued leave time during the furlough; however, the accrued leave time will remain intact and available upon return to work. In the event an employee does not return to work following the furlough period, the employee will be paid for accrued leave pursuant to the process outlined in the Personnel Policies for payout upon separation. Employees will not accrue leave time while on furlough.
Employees who have scheduled or intermittent pre-authorized FMLA during the period of furlough shall not have the period count against their 12 week leave entitlement.
Employees will not receive pay for any holiday which occurs during the furlough period.
Because the employee is not working, he or she will not receive credit to his or her LAGERS account for the period of furlough, however, the employee’s years of service will not be interrupted.
Employees shall remain eligible for benefits through the City’s EAP program, New Directions, throughout the period of furlough. The phone number for New Directions is 1-800-624-5544.
Other Information
Employees will be eligible to apply for and collect unemployment during the period of furlough. Where applicable, the City will submit to the Missouri Division of Employment Security an Employer Mass Claim to streamline the employee’s process for filing for unemployment benefits.
Recall
Employees will receive not less than forty eight (48) hours’ notice of the date and time to return to work. If an employee knows of any conditions or circumstances which would prohibit an employee from returning within forty eight (48) hours of receiving notice, the employee should communicate such reason to the employee’s supervisor in advance.
If during the furlough period circumstances arise that limit an employee’s ability to perform the essential functions of his or her job, the employee shall notify Human Resources immediately.
Section 17: Necessary Work Policy (Effective April 23, 2020) Eliminated 05/17/2021
• Purpose Statement: To identify the work within the City that needs to continue when City operations are limited due to a crisis or emergency and the method to select employees who will perform such work.
• Applicability: This policy only applies to core general employees. The reassignment of employees subject to a labor agreement shall be governed by the terms of the employee’s labor agreement.
• Determining What Qualifies as Necessary Work
“Necessary Work” means work that includes one or more of the following elements:
1. Create something of value to the organization, such as accomplishing a task that is difficult to do under normal work conditions; or
2. Complete a project or task that has been lingering due to work load challenges; or
3. Develop a plan that “looks ahead” and may assist in reacting to changing conditions in the work environment; or
4. A procedure that can save time and or money in the future; or
5. Document procedures or tasks that create a resource for future reference in case of absence
6. Regular work position that has been determined as essential for City function
Examples of necessary work include:
- Organizing, processing, and purging of documents as required to comply with the Records Retention Policy
- Retrieving and reviewing records in storage from Iron Mountain
- Minor or deferred maintenance for City facilities
- Review and update standard policies / procedures (may add more)
- Other work as designated by the City Manager’s Office or designee
Eligibility to Perform Necessary Work
- Selection of Employees. The City shall assign Necessary Work to qualified Regular employees before any part-time employee is eligible. If there are more Regular employees who are qualified to perform the Necessary Work that is available, the work shall be assigned to the employee who first requests the work and is determined by the City to be the most qualified for the work assignment. If all Regular employees have had the opportunity to perform Necessary Work, a part-time employee is eligible to be assigned to such work.
- Qualification. An employee assigned to perform Necessary Work must be able to perform the job duties and essential functions of position which would normally perform work identified as Necessary Work. However, a qualification that would normally be required for a position, such as a certain level of education, will not automatically disqualify a temporary service employee.
- Declining Assignment of Necessary Work. If an employee declines an assignment to Necessary Work, the employee shall go to the end of the list of employees eligible to perform such work.
- Vacation/Personal Leave. Any vacation or personal leave that would be used while the employee is assigned to perform Necessary Work must be approved, or re-approved if previously approved by the employee’s regular supervisor, by the Department Director supervising the employee while the employee is performing the Necessary Work before the employee may use such leave.
- Payment of Re-Assigned Employees. If an employee is assigned, for 3 months or less, to perform Necessary Work in a job classification with a rate of pay that is less than the employee’s regular rate of pay, the employee shall continue to receive the employee’s regular rate of pay.
Section 18: Face Mask Policy (Effective April 22, 2020) --Eliminated on 05/17/2021 and replaced in its entirety effective 05/17/2021--Eliminated Entirely on 11/12/2021 Update Effective 01/14/2022 Eliminated on 02/19/2022
When indoors, all employees, regardless of vaccination status, shall wear a face mask whenever they leave their private workspace (cubicle, office, etc.), including when employees use shared or common spaces (hallways, conference rooms, break areas). Employees shall also wear a mask while in close proximity to others or interacting with members of the public. Close proximity includes riding in a City vehicle with another person and talking with another person in their workspace, which requires both individuals to wear a mask. Masks are not required when employees are outside.
Should employees need an accommodation, they should contact their supervisor and request an accommodation analysis from Human Resources.
The City's revised Face Mask Policy is below and will be effective Monday August 9, 2021 (as directed by the Jackson County Health Order)
When indoors, all employees, regardless of vaccination status, shall wear a face mask whenever they leave their workspace (cubicle or office). Employees shall also wear a mask while in close proximity to others or interacting with members of the public. Close proximity includes riding in a vehicle with another person and entering into another person’s workspace, in these circumstances both individuals must wear a mask. Masks are not required when employees are outside.
Should employees need an accommodation, they should contact their supervisor and request an accommodation analysis from Human Resources.
To find a vaccine visit: https://cityofls.net/coronavirus/vaccine.
Each individual should take personal responsibility with regard to the CDC guidelines for wearing a mask. Employees can choose to continue to wear a mask in the workplace if desired. Should an employee need an accommodation, they should contact their supervisor and request an accommodation analysis from Human Resources.
With the movement to Phase 4, all facilities will resume normal business operations and meetings will resume normal practices with respect to CDC recommendations. COVID-19 signage will be removed from facilities and room occupancy limits will return to normal. Temporary COVID-19 policies are under review and consideration for removal.
Please direct all questions with regard to these changes to your department director.
The City of Lee’s Summit continues to monitor the developing COVID-19 pandemic and will continue to make adjustments as necessary to ensure the safety of our citizens and staff. In response to new recommendations from the Centers for Disease Control, the City encourages employees to use a face mask. the City strongly recommends that employee follow CDC recommendations for face mask use but employees are not required to wear the face masks. If an employee is not able to secure a face mask, please contact Human Resources.
The CDC guidelines for face mask use are as follows:
Masks should be worn in public places when other social distancing measures are difficult, impractical, or not possible.
For City operations, it is recommended that masks be worn in the following situations:
• entering businesses or other confined public spaces
• working in close proximity to coworkers (6’ distance or less)
• performing duties in public where others are present
• working in a building where coworkers cross paths
• while emptying or picking up trash in public or facilities
Wearing these face masks will not take the place of social distancing measures, but they will serve to reduce the risk of employees infecting others. Please remember the mask does not protect the person wearing it, but it has been found to prevent such person from contaminating surrounding surfaces.
Staff wearing these masks in public will also serve as a visual reminder for others to continue practicing social distancing and serve as evidence that the City is taking the safety of our citizens and staff seriously.
Section 19: Attending City Council Meetings and Council Committee Meetings (Effective 11/13/2020) Eliminated 05/17/2021
All requested department directors or their designee shall attend all City Council meetings and their respective Council Committee meetings in person, unless otherwise excused by the City Manager. All other employees may continue to attend City Council meetings and Council Committee meetings in person or via video call unless otherwise requested to attend in person by their Department Director.
If an employee, their family member, or a member of their household has a condition identified by the Center for Disease Control and Prevention (“CDC”) that puts the employee, their family member, or a member of their household at high risk of severe illness if diagnosed with COVID-19, the employee may request an accommodation to allow the employee to attend Council and Committee meetings virtually instead of in person.
The City shall provide all accommodations required by law, and, to the extent possible, the City may provide the employee with additional accommodations not required by law. Employees requesting an accommodation related to COVID-19 shall submit a completed “Request for COVID-19 Council and Council Committee Meeting Accommodation” form to the Human Resources Department for review. If the employee’s request is approved, the employee shall comply with all conditions set forth in the accommodation granted by the City.
An employee who receives an accommodation related to COVID-19 under this policy may still attend a City Council meeting or a Council Committee meeting in person if the employee so chooses.
No employee will be subject to any form of retaliation or discipline, including threats of retaliation or discipline, for requesting or receiving an accommodation pursuant to this policy. An employee or supervisor who threatens, initiates, participates, or is involved in a retaliatory act is subject to discipline up to and including dismissal.
Any employee who believes he/she has been wrongfully retaliated against shall immediately report the matter to the Human Resources Director.
Nothing in this policy limits an employee’s rights under the ADA, FMLA, FFCRA, or any other federal, state, or local law.
Section 20: Temporary Emergency Sick Leave Policy (Effective 01/20/2022)
Purpose: The Employee "Emergency Sick Leave" is being established because COVID-19 continues to effect City employees and their families. The City has decided to provide the temporary leave outlined below. The City is also temporarily amending its policy regarding holiday leave due to special circumstances created by COVID-19. The City reserves the right to amend or revoke these policies at any time, with or without notice, and for any reason.
Section XX: Temporary Emergency Sick Leave Policy
If an Employee is ill and the Employees has used all of the Employee's available sick leave, the City, at its sole discretion, may advance a Regular Employee up to eighty (80) hours and a Shift Employee up to two-hundred forty (240) hours of sick leave ("Emergency Sick Leave") pursuant to a written and signed agreement between the City and the Employee (the "Agreement"), provided such agreement is signed before the Employee takes any Emergency Sick Leave. The Emergency Sick Leave shall be paid at the employee's regular rate of pay.
An Employee advanced Emergency Sick Leave shall not accrue additional sick leave until all the Emergency Sick Leave is recovered by the City as set forth in the Agreement. Future sick leave accruals will be used to pay back the Emergency Sick Leave. If an Employee's employment with the City is terminated before all of the Emergency Sick Leave has been recovered, the City may withhold wages from the Employee's Sick Leave hours at the Employee's regular rate of pay. Employees may use Emergency Sick Leave in the same manner as the Employee's normal sick leave, including to care for a family member as defined by the City's Personnel Policies.
Section 302.2 "Use of Unpaid Leave" of the City's Personnel Policies is temporarily amended to read as follows:
Unpaid leave used on the day before or after a holiday will disqualify an Employee from holiday pay, unless the Employee (i) is not eligible pursuant to the City's personnel policies to take the Employee's sick leave or vacation leave and (ii) takes the unpaid leave because the Employee:
- Has been advised by a health care provider to self-quarantine related to COVID-19; or
- Is Experiencing COVID-19 symptoms; or
- At the City's requests, is seeking or awaiting result of a diagnostic test for, or medical diagnosis of, COVID-19.