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Item 3 - COVID-19 Leave Policy (1-10-22) COVID-19 LEAVE PROGRAM POLICY ADOPTED: N/A - Draft 1. PURPOSE It is important for the City of Otsego to provide employees information regarding the workplace and COVID-19 (COVID). The City supports a healthy workplace and wellness and wants to work together to ensure that essential functions are operational, and service can be provided. In the effort to support a healthy workplace, the City is following recommendations and guidance from the Centers for Disease Control and Prevention (CDC) and the Minnesota Department of Health (MDH). The CDC’s most recent guidance states that getting vaccinated helps prevent severe illness, hospitalizations, and death. The City of Otsego strongly urges all employees to work with their health care provider to ensure they are getting the proper preventive care needed for COVID- 19 and related variants. In order to encourage a healthy workplace and allow all staff the time to test and/or isolate per CDC recommendations, the following policy will be in place effective __________, 202X, understanding that due to changing situations, this may be modified or eliminated as needed by the City Council. It is expected that, in the event this policy is amended, updated, or replaced, a new effective date will be added, and the prior policy will be automatically withdrawn. 2. RETROACTIVE APPLICATION Prior to adoption of this policy, City employees have used personal time-off (PTO) for all COVID related leave. Any employee that used PTO for COVID related leave from May 3, 2021 up until the adoption of this policy will be eligible to have that amount of PTO reimbursed so long as the COVID Leave use guidelines in Section 3 or Section 4 below were met. A City employee will be required to request reimbursement of PTO for previous COVID related leave. The request will be on a standardized form available from Human Resources, and will be required to be request by an employee no later than __________, 202X. Reimbursement of PTO for previous COVID related leave will not have an impact on available leave in Section 3 or Section 4 of this policy. 3. COVID-19 LEAVE (DIRECT) A City employee who meets the leave use guidelines within this section will be eligible for paid leave for work hours missed while they are unable to work. This leave is available regardless of prior use of paid covid or FFCRA leave provided to the employee. City paid covid leave will be utilized prior to other leaves that may be available. Leave Use Guidelines: The employee is eligible for paid leave under this section, if the employee: • Has received a positive test-result for COVID-19 (isolation). • Has been advised by a health care provider to quarantine or isolate related to COVID-19. • Is experiencing COVID-19 symptoms and is seeking a medical diagnosis. • Is seeking testing for COVID-19 pursuant to guidance from the CDC and/or MDH. • Is experiencing an immune system response from a vaccination or booster. • Has been sent home for quarantine due to a workplace exposure. In the event that an employee’s leave for a positive test result extends beyond XXX days (or XXX work hours), the employee would no longer qualify for paid leave, and would need to explore short/long-term disability insurance or PTO. Employees who will be on extended leave should work with Human Resources to discuss FMLA leave. FMLA is unpaid, and can be supplemented with Short term disability. 4. COVID-19 LEAVE (INDIRECT) A City employee who meets the leave use guidelines within this section will be eligible for up to two weeks maximum of paid leave (up to 80 hours, pro-rated for part time employees). This leave is available regardless of prior use of paid covid or FFCRA leave provided to the employee. City paid covid leave will be utilized prior to other leaves that may be available. This benefit is available one-time only to each employee. If an employee has COVID Leave in excess of 80 hours, or has multiple occurrences of COVID Leave under this section, that will require the use of PTO, Short/long term disability and/or FMLA. Leave Use Guidelines: The employee is eligible for paid leave under this section, if the employee: • Is unvaccinated and has been exposed to someone with COVID-19 (quarantine). • Is caring for a family member who has tested positive for COVID-19 and needs care. 5. VACCINATION LEAVE Eligible for up to 18 hours of paid leave for currently unvaccinated employees who are seeking vaccination and have an immune system response from the vaccine which is severe enough to impact work activities. In this situation, employees may use paid covid leave for up to 18 hours total (not per dose) in the 48 hours immediately following administration of a vaccine dose. A currently vaccinated employee who previously had immune system responses to the vaccine or vaccine booster, are also eligible to retroactively be reimbursed for PTO used. 6. VACCINATION BENEFIT In order to qualify for the Vaccination Benefit, employees must be fully vaccinated. Fully vaccinated means two weeks following receipt of the final dose of the COVID-19 vaccine. The City will provide eight (8) hours of PTO to all full-time employees or pro-rated PTO to all part- time employees. This PTO benefit will be subject to carryover limits as outlined in the City’s Personnel Policy. All full-time and part-time fully vaccinated employees, even those who have been vaccinated prior to adoption of this policy, are eligible to receive this benefit. Employees are required to provide proof of vaccination, acceptable vaccination proof is listed below, and a signed Tennessean warning to Human Resources. (Forms can be obtained from Human Resources) Acceptable Proof of Vaccination: • Record of immunization from a health care provider or pharmacy • A copy of the COVID-19 vaccination record card • A copy of medical records documenting the vaccination • A copy of immunization records from a public health, state, or tribal immunization information system • A copy of any other official documentation that contains the type of vaccine administered, dates of administration, and the name of the health care professional(s) or clinic site(s) administering the vaccine(s). • In instances where an employee is unable to produce acceptable proof of vaccination as noted, a signed and dated statement by the employee, subject to criminal penalties for knowingly providing false information: o Attesting to their vaccination status (fully vaccinated or partially vaccinated), and o Attesting they have lost and are otherwise unable to produce proof required by the ETS. 7. DOCUMENTATION Generally, Human Resources will require certification to verify the qualifying reason for the leave and proof of vaccination. Employees should be prepared to provide: • Documentation such as a copy of any quarantine or isolation order, written note by a health care provider advising self-quarantine, or the results of a covid test; and/or • Documentation showing the employee’s vaccination status. The City understands that requesting healthcare provider documentation may place additional burdens on our medical community during this pandemic, therefore if an employee is unable to obtain this documentation, at a minimum, the name, address, and phone number of your treating healthcare provider must be provided. The City also reserves the right to request additional documentation completed by your healthcare provider in situations where there is reason to believe an employee has fraudulently obtained leave or paid benefits. 8. EXEMPTIONS FOR MEDICAL OR RELIGIOUS REASONS Any employee who is unable to receive the COVID-19 vaccine due to a disability or other medical contraindications or sincerely held religious belief, practice or observance may be eligible to receive the benefits above. Human resources will require medical documentation and/or an attestation from the employee to approve benefits in these cases. See human resources for more details. 9. POLICY HISTORY This is the current and most recent version of the COVID-19 Leave Program Policy. Previously: Adopted: N/A - Draft Revised: N/A