4-2-2020 Work SessionWORK SESSION OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD IN
THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA
ON THURSDAY, THE SECOND DAY OF APRIL IN THE YEAR TWO THOUSAND AND
TWENTY
PRESENT:
Joel C. Acree, Windsor District, Chairman
Richard L. Grice, Smithfield District, Vice Chairman
Rudolph Jefferson, Hardy District
William M. McCarty, Newport District
Don G. Rosie, II, Carrsville District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey Mills Storm, Clerk (via video)
CALL TO ORDER
Chairman Acree called the work session of the Board of Supervisors to order at
6:00 p.m.
APPROVAL OF AGENDA/AMENDMENTS
County Attorney Jones noted for the record that in accordance with Governor
Northam's Executive Order #53 related to the spread of the coronavirus (COVID-
19) pandemic which prohibits public gatherings of ten or more individuals, this
meeting was advertised on the County's website as being closed to public in-
person participation and that citizens are encouraged to observe the meeting via
County's website, FaceBook page or on the County's public access television
station.
Supervisor McCarty moved that the agenda be adopted as amended to include
discussion regarding the temporary suspension of the Board's by-laws and County
assessments on certain fees, penalties and interest. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Rosie moved that the Board's by-laws be suspended, specifically
Section 2-113 regarding the taking of actions at work sessions pursuant to Section
4-8 pending the declaration of a disaster being rescinded. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion
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INVOCATION/PLEDGE OF ALLEGIANCE
Supervisor McCarty delivered the invocation and led the Pledge of Allegiance to the
American flag of the United States of America.
COUNTY ADMINISTRATOR'S REPORT
Mary Beth Johnson, Director of Human Resources, addressed the Board regarding
a Federal leave policy that would expand the policy adopted by the Board at its
March 19, 2020 meeting. She reviewed the policy amendments to Chapter 1,
Personnel, Article V, Section 5.12, Section A, of the Emergency Family Medical
Leave Expansion Act of the County's Policy Manual which will be retroactive to
April 1, 2020 to comply with the new Federal law related to the Families First
Coronavirus Response Act. She stated that it offers the expansion of the Family
Medical Leave Act and provides two weeks mandated paid sick leave through
December 31, 2020.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V, SECTIONS 5.12
AND 5.15 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established a Leave Policy under the Family and
Medical Leave Act Policy under Chapter 1, Personnel, Article V, Section 5.12 of the
County Policy Manual to establish the policy to provide for leave to employees
that meet the criteria specified within the Family and Medical Leave Act; and
WHEREAS, the County has established a Public Health Emergency Leave Policy
under Chapter 1: Personnel, Article V, Section 5.15 of the County Policy Manual;
and
WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel,
Article V, Sections 5.12 and 5.15 of the County Policy Manual to incorporate the
provisions, guidelines, rules and procedures of the Emergency Family and Medical
Leave Expansion Act portion of the Families First Coronavirus Response Act and to
amend the provisions, rules and procedures of the Public Health Emergency Leave
Policy for use by employees for all purposes outlined in the Emergency Paid Sick
Leave Act section of the Families First Coronavirus Response Act; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections
5.12 and 5.15 of the County Policy Manual are hereby amended as follows:
Chapter 1: Personnel
ARTICLE V - Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007,
October 2, 2008, January 8, 2009, June 19, 2014, October 16, 2014, December 18,
2014, April 1, 2015,
January 1, 2018, July 1, 2018, July 1, 2019, March 19, 2020, April 1, 2020)
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Section 5.12 - Leave Under the Family and Medical Leave Act (FMLA)
(Revised April 7, 2005, January 8, 2009, December 18, 2014, July 1, 2018, April 1,
2020)
Isle of Wight County will grant eligible employees up to 12 workweeks of job
protected leave (or up to 26 weeks of military caregiver leave to care for a
covered service member with a serious injury or illness) during a 12 -month
period. The leave may be paid, unpaid, or a combination of paid and unpaid leave,
depending on the circumstances of the leave and as specified in this policy. During
this leave, an eligible employee is entitled to continued group health plan
coverage. At the conclusion of the leave, subject to some exceptions, an employee
generally has a right to return to the same or equivalent position. The function of
this policy is to provide employees with a general description of their FMLA rights.
In the event of any conflict between this policy and the applicable law, employees
will be afforded all rights required by law. Employees with questions about what
illnesses serious health -conditions are covered under the FMLA policy or under
the County's Sick Leave Policy are encouraged to consult with the County's
Human Resources Department.
Employee Eligibility Criteria
To be eligible for FMLA leave, an employee must have been employed by Isle of
Wight County:
for at least 12 months (which need not be consecutive). Separate periods of
employment will be counted, provided the break in service does not exceed seven
years. Separate periods of employment will be counted if the break in service
exceeds seven years due to National Guard or Reserve military service obligations
or when there is a written agreement. For eligibility purposes, an employee will be
considered to have been employed for an entire week even if the employee was
on the payroll for only part of a week or if the employee is on leave during the
week; and
for at least 11250 hours during the 12 -month period immediately before the
date when the leave is requested to commence. The principles established under
the Fair Labor Standards Act (FLSA) determine the number of hours worked by an
employee. The FLSA does not include time spent on paid or unpaid leave as hours
worked. Consequently, these hours of leave shall not be counted in determining
the 1,250 hours eligibility test for an employee under FMLA; and
at a worksite where 50 or more employees are employed by the County
within 75 miles of
that office or worksite. The distance is to be calculated by using available
transportation by the most direct route.
Types of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking leave for
one or more of the following reasons:
a. The birth of a child and in order to care for that child;
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b. The placement of a child with the employee for adoption or foster care,
and/or to care for
the newly placed child;
C. To care for the employee's spouse, child, or parent (but not in-law) with a
serious health
condition (described below);
d. The employee's own serious health condition that makes the employee
unable to perform
one or more of the essential functions of his or her job.
e. Because of a qualifying exigency arising out of the fact that the employee's
spouse, son or
daughter, or parent is on active duty or called to covered active duty status
in support of contingency operations as a member of the National Guard or
Reserves (described below); and/or,
f. Because the employee's spouse, son or daughter, parent, or next of kin of a
covered service
member or veteran requires care due to a serious injury or illness
(described below).
Serious Health Condition
A "serious health condition" is defined as any illness, injury, impairment, or
physical or mental condition that requires inpatient care at a hospital, hospice, or
residential medical facility, including any period of incapacity or any subsequent
treatment in connection with such inpatient care, or a condition that requires
continuing treatment by a licensed health care provider.
Continuing treatment by a licensed health care provider means any one of the
following:
1. Incapacity/Treatment — A period of incapacity of more than three (3)
consecutive, full calendar days and any subsequent treatment or period of
incapacity relating to the same condition that also involves either
treatment two or more times within 30 days, or treatment by a health care
provider on at least one occasion, which results in a regiment of continuing
treatment under the supervision of the health care provider.
2.
regnancy/Prenatal Care — Any period of incapacity due to pregnancy or for
prenatal care. In these situations, FIVILA also covers leave for the husband,
if needed to care for the pregnant spouse who is incapacitated due to
severe morning sickness or other prenatal complications (and may need
physical care) and to accompany her to prenatal doctor's appointments
(and may need to be driven or need psychological care).
3. Chronic Conditions — Any period of incapacity or treatment for incapacity
due to a chronic serious health condition such as asthma or diabetes.
Chronic conditions require periodic visits (at least twice a year) for
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treatment by a health care provider, continue over an extended period of
time, and may cause episodic rather than a continuing period of incapacity.
4. Permanent/Long-Term Conditions — A period of incapacity which is
permanent or long term due to a condition for which treatment may not be
effective, such as Alzheimer's disease, a severe stroke, or the terminal
stages of a disease. The patient must be under the continuing supervision
of a health care provider, but need not be receiving active treatment.
5. Conditions Requiring Multiple Treatments — Any period of absence to
receive or recover from multiple treatments, such as for restorative surgery
after an injury, or for serious conditions such as cancer (chemotherapy) or
kidney disease (dialysis) that would likely result in a period of incapacity of
more than three (3) consecutive, full calendar days in the absence of
medical intervention or treatment.
6. Incapacity and Subsequent Treatment —The inability to work, attend school
or perform other regular daily activities due to the serious health condition
or the treatment or recovery as a result of a serious health condition.
Military Family Leave Entitlements
Qualifying Exigencies — A qualifying exigency is a non-medical, non -routine activity
that is directly related to the covered military member's covered active duty or
call to active duty status. To be eligible, the employee must have a spouse,
parent, or child on covered active duty to a foreign country or call to covered
active duty status in the Armed Forces or reserve component of the Armed Forces
in support of a contingency operation to a foreign country. Categories of
qualifying exigencies in the FMLA regulations include:
1. Short -notice deployment activities (up to seven (7) days of leave is
permitted if the military member receives seven (7) or less days' notice of a
call to active duty);
2. Military events and related activities;
3. Certain temporary childcare arrangements and school activities (but not for
ongoing childcare or routine academic concerns);
4. Financial and legal arrangements;
5. Counseling by a non-medical counselor (such as a member of the clergy);
6. Rest and recuperation (up to a maximum of fifteen (15) calendar days of
leave is permitted when the military member is on temporary rest and
recuperation leave);
7. Post -deployment military activities (such as arrival ceremonies or
reintegration briefings);
8. Care of the military member's parent (when the parent of the military
member is incapable of self-care); and
9. Additional activities which arise out of the military member's covered
active duty or call to active duty status provided that both the County and
employee agree that such leave shall qualify, and agree to both the timing
and duration of such leave.
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Military Caregiver Leave — FMLA leave may be granted to an eligible employee to
care for a covered service member, who is on the temporary disability retired list
and has a serious injury or illness. The covered service member must be
undergoing medical treatment, recuperation or therapy, otherwise be in
outpatient status, or otherwise be on the temporary disability retired list. To be
eligible for this leave, the employee must be the spouse, child, parent, or next of
kin of the covered service member.
Amount of Leave
Eligible employees may take up to a total of 12 workweeks of FMLA leave during a
rolling calendar year, when leave is taken for any one or combination of FMLA-
qualifying reasons, not including military caregiver leave. For regular full-time
employees, 12 workweeks of leave equates to 480 hours (674 hours for 24-hour
Emergency Services employees assigned to a 28 -day cycle).
Except for military caregiver leave, each time FMLA leave is taken, the employee's
remaining FMLA leave entitlement is any remaining balance of the 12 workweeks
that has not been used during the rolling calendar year in which the leave was
taken. As with other paid leave types, FMLA leave is available in increments of
quarter-hours (15 minutes) and an employee may not be required to take more
leave than necessary to address the circumstances that precipitated the need for
leave.
1. Amount of Military Caregiver Leave — For military caregiver leave only, up
to a total of 26 workweeks of leave may be taken in a single 12 -month
period when combined with other FMLA qualifying leave. The 26
workweeks of leave equates to 1,040 hours for regular full-time employee
(1,460 hours for 24-hour Emergency Services employees assigned to a 28 -
day cycle). For purposes of military caregiver leave only, the 12 -month
period begins on the first day the employee takes military caregiver leave
and ends 12 months later.
When military caregiver leave is taken in combination with other FMLA
qualifying reasons, only 12 weeks of the total may be for reasons other
than the care of the covered service member.
2. When Both Spouses Work for the County - When both spouses are
employed by Isle of Wight County, they are together entitled to a combined
total of 12 (or 26) workweeks of FMLA leave within the designated 12
month period for the birth and care of a newborn child, adoption, or foster
care placement of a child with the employees, to care for a parent (but not
in-law) with a serious health condition, or to care for a covered service
member with a serious injury or illness. Each spouse may be entitled to the
remaining amount of FMLA leave for other FMLA qualifying reasons such as
the case for a child with a serious health condition or due to one's own
serious health condition. For example, if each spouse took 6 weeks of leave
to care for a healthy newborn child, each could later use an additional 6
weeks due to his/her own serious health condition or to care for a spouse,
child, or parent with a serious health condition.
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3. Time Limitation When Leave is taken for Birth/Placement - Leave for birth
and to care for a newborn, or for a newly placed child for adoption or foster
care must conclude within 12 months after the birth or placement of the
child.
Intermittent or Reduced Work Schedule Leave
"Intermittent leave" is leave taken in separate blocks of time due to a single
qualifying reason (hours/days are taken periodically over a period of time).
"Reduced work schedule leave" is leave that reduces an employee's usual number
of hours per workweek or hours per workday, resulting in a reduced hour
schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26
workweeks to care for an injured or ill service member or veteran over a 12 -
month period).
Leave to care for a newborn or a newly placed child must be taken all at once, and
may not be taken intermittently or on a reduced work schedule. Leave taken
because of an employee's own serious health condition, or to care for an
employee's spouse, child, or parent with a serious health condition, may be taken
all at once or, where medically necessary, intermittently or on a reduced work
schedule.
If an employee takes leave intermittently or on a reduced work schedule basis for
planned medical treatments, the employee must, when requested, attempt to
schedule the leave so as not to unduly disrupt the County's operations. When an
employee takes intermittent or reduced work schedule leave for the employee or
employee's family member and for foreseeable planned medical treatment, the
County may temporarily transfer the employee to an alternative position with
equivalent pay and benefits for which the employee is qualified and which better
accommodates the intermittent or reduced work schedule.
Requests for FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice of the
need for the leave to the Human Resources Department as soon as the employee
knows that leave will be needed. An employee does not need to expressly assert
his/her FMLA rights for an absence to be covered by FMLA. However, sufficient
information must be provided for Human Resources to determine if the leave
qualifies for FMLA protection and the anticipated timing and duration of the
leave. If sufficient information is not provided, Human Resources will contact the
employee to inquire further as to the reason for the leave. Within five business
days after the employee has provided this notice of the need for FMLA leave, the
Human Resources Department will complete and provide the employee with the
Department of Labor Notice of Eligibility and Rights and Responsibilities form.
The employee will be provided the Request for Family/Medical Leave form and
submit it to the Human Resources Department. The employee will be provided
the FMLA Policy.
When leave is foreseeable for childbirth, placement of a child or planned medical
treatment for the employee's or family member's serious health condition, the
employee must provide the County with at least 30 days advance notice, or such
shorter notice as is practicable (it is expected that an employee will give notice to
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the employer within no more than one or two working days of learning of the
need for leave, except in extraordinary circumstances). When the timing of the
leave is not foreseeable, the employee must comply with the County's usual and
customary � notice and procedural requirements for requesting leave, absent
unusual circumstances.
Required Documentation
When leave is taken to care for a family member, the County may require the
employee to provide documentation or statement of family relationship (e.g.,
birth certificate or court document).
An employee shall be required to submit medical certification from a health care
provider to support a request for FMLA leave for the employee's or a family
member's serious health condition. Medical certification forms (Department of
Labor Certification of Health Care Provider for Employee's Serious Health
Condition form) are available in the Human Resources Department. The
employee's job description to include the essential functions/physical
requirements should be furnished to the health care provider completing the
Certification of Health Care Provider for Employee's Serious Health Condition
form. The employee must respond to such a request for medical certification within
15 days of the request or provide a reasonable explanation for the delay. Failure
to provide certification may result in a denial of leave or continuation of leave.
During FMLA leave, the County may request that the employee provide
recertification of a serious health condition at intervals in accordance with the
FMLA. In addition, on a basis that does not discriminate against employees on
FMLA leave, the County may require an employee on FMLA leave to report
periodically on the employee's status and intent to return to work. The County
may provide the employee's health care provider with the employee's attendance
records and ask whether the need for leave is consistent with the employee's
serious health condition. If the employee's anticipated return to work date
changes and it becomes necessary for the employee to take more or less leave
than originally anticipated, the employee must provide the County with
reasonable advance notice as soon as practicable of the employee's changed
circumstances and new return to work date. If the employee gives the County
notice of intent not to return to work, the employee will be considered to have
voluntarily resigned. If the employee voluntarily terminates his/her employment
while taking leave covered by FMLA, the County's FMLA obligations to the
employee cease.
The County has the right to ask for a second medical opinion. The County will pay
for any such second medical opinion necessary. Arrangements are coordinated
through the Human Resources Department.
Certification of Military Family Leave:
1. Qualifying Exigency - To certify a qualifying exigency for military FMLA
leave, the County will require certification within 15 days of the request or
provide a reasonable explanation for the delay. Failure to provide
certification may result in a denial of leave or continuation of leave.
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Qualifying exigency forms (Department of Labor Certification of Qualifying
Exigency for Military Leave form) are available in the Human Resources
Department.
2. Military Caregiver Leave - To certify a serious injury or illness of the covered
service member or veteran, the County will require certification within 15
days of the request or provide a reasonable explanation forthe delay. Failure
to provide certification may result in a denial of continuation of leave.
Certification forms (Department of Labor Certification for Serious Injury or
Illness of Covered Service Member for Military Family Leave" form) are
available in the Human Resources Department. Other types of certification
may include providing a copy of an Invitational Travel Order (ITO) or
Invitational Travel Authorization (ITA) issued to any member of the covered
service member's family. Alternatively, documentation of enrollment in
the VA Program of Comprehensive Assistance for family caregivers is
sufficient, but the County may require additional information in accordance
with the federal regulations.
FMLA leave may be delayed or denied if the appropriate documentation is not
provided in a timely manner. Also, a failure to provide requested documentation of
the reason for an absence from work may lead to termination of employment.
The Human Resources Department is responsible for reviewing and maintaining
all medical documentation including medical certifications and doctor's notes. All
records related to an employee's medical condition are strictly confidential and
may be discussed only with those who have a bona fide need to know.
Use of Paid or Unpaid Leave
FMLA provides eligible employees with up to 12 (or 26) workweeks of unpaid
leave. Therefore, FMLA leave may be paid, unpaid, or a combination of paid and
unpaid leave, depending on the circumstances of the leave and the employee's
accrued paid leave available. An employee who is taking FMLA leave because of
the employee's own serious health condition or the serious health condition of a
family member must use any qualifying paid leave prior to being eligible for unpaid
leave. Qualifying paid leave is leave that would otherwise be available to the
employee for the purpose for which the FMLA leave is taken. The remainder of the
12 (or 26) workweeks of leave, if any, will be unpaid FMLA leave. Any paid leave
used for an FMLA qualifying reason will be charged against an employee's
entitlement to FMLA leave. The substitution of paid leave for unpaid leave does
not extend the 12 (or 26) workweek leave period.
An employee who is taking leave for the adoption or foster care of a child must use
all paid annual and personal leave prior to being eligible for unpaid leave. An
employee who is using military FMLA leave for a qualifying exigency must use all
paid annual and personal leave prior to being eligible for unpaid leave. An
employee using FMLA military caregiver leave must use all paid annual, personal,
or sick leave (as long as the reason for the absence is covered by the sick leave
policy) prior to being eligible for unpaid leave.
Designation of Leave
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Within five (5) business days after the employee has submitted the appropriate
certification form, the Human Resources Department will provide the employee
with a written response to the employee's request for FMLA leave (using the
Department of Labor Designation Notice). The County may provisionally designate
the employee's leave as FMLA leave if the County has not received medical
certification or has not otherwise been able to confirm that the employee's leave
qualifies as FMLA leave. Sick leave may be run concurrently with FMLA leave if the
reason for the FMLA leave is covered by the established policy. Leave for the birth
of a child and for an employee's serious health condition, including workers'
compensation leave (to the extent that it qualifies), will be designated as FMLA
leave and will run concurrently with FMLA. If the employee has leave to be
counted as FMLA leave, the employee must notify the Human Resources
Department as soon as possible of the employee's return to work that the leave
was for an FMLA reason.
If an employee takes paid leave for a condition that progresses into a serious
health condition and the employee requests unpaid leave as provided under this
policy, the County may designate all or some portion of related leave taken as
FMLA leave, to the extent that the earlier leave meets the necessary
qualifications.
Maintenance of Health Insurance Benefits and other Benefits
During FMLA leave, an employee is entitled to continued group health plan
coverage at thesame level and under the same conditions as if the employee had
continued to work. If the employee chooses not to return to work for reasons
other than a continued serious health condition of the employee or the
employee's family member or a circumstance beyond the employee's control, the
County will require the employee to reimburse the County the amount it paid for
the employee's health insurance premium during the leave period.
To the extent that an employee's FMLA leave is paid, the employee's portion of
health insurance premiums will be payroll -deducted from the employee's
paycheck. While on unpaid leave, the employee must continue to make this
payment, either in person or by mail.
If the employee's payment of health insurance premiums is more than 30 days
late, the County may discontinue health insurance coverage for the duration of
the leave upon at least 15 days' notice to the employee prior to the employee's
loss of coverage.
If the employee contributes to a life insurance plan, disability plan, or any other
voluntary contributions to benefit plans, the County will continue making payroll
deductions while the employee is on paid FMLA leave. While the employee is on
unpaid FMLA leave, the County will discontinue coverage during the FMLA leave.
Upon the employee's return from FMLA leave, payroll deductions will
recommence.
Return to Work From Approved Leave
Upon the return to work from approved FMLA leave that was twelve (12)
workweeks or less in duration, the employee will be restored to the position of
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employment held by the employee when the leave commenced or restored to an
equivalent position with equivalent status, benefits, pay, and other terms and
conditions of employment.
An employee that takes FMLA leave that was twelve (12) workweeks or less in
duration may be required to provide a fitness for duty clearance from the health
care provider stating that the employee is able to resume work and/or if there are
any limitations. This requirement will be included in the employer's response to
the FMLA request.
An employee's return to work may be delayed or denied if the appropriate
documentation is not provided in a timely manner. Also, a failure to provide
requested documentation of the reason for an absence from work may lead to
termination of employment.
Limitations on Reinstatement
An employee is entitled to reinstatement only if he/she would have continued to
be employed had FMLA not been taken. Thus, an employee is not entitled to
reinstatement if, because of a layoff, reduction in force, or other reason, the
employee would not be employed at the time job restoration is sought.
The County reserves the right to deny reinstatement to salaried, eligible employees
who are among the highest paid ten (10) percent of the County's employees
employed within 75 miles of the worksite ("key employees") if such denial is
necessary to prevent substantial and grievous economic injury to the County's
operations.
Failure to Return to Work Following FMLA Leave
If the employee does not return to work following the conclusion of FMLA leave,
the employee will be considered to have voluntarily resigned. The County may
recover health insurance premiums that were paid on behalf of the employee
during an unpaid FMLA leave except that the County's share of such premiums
may not be recovered if the employee fails to return to work because of other
circumstances beyond the employee's control. In such cases, the County may
require the employee to provide medical certification of the employee's or family
member's serious health condition.
For further information or clarification about FMLA leave, please contact the
Human Resources Department.
Section 5.12(a) Emergency Family and Medical Leave (FML) Expansion Act
During the period beginning April 1, 2020 and ending on December 31, 2020,
pursuant to the provisions of the Families First Coronavirus Response Act
(H.R.6201), Isle of Wight County will grant 'eligible employees' with up to 12
workweeks of job protected leave during a 12 -month period for the purpose of a
'qualifying need related to a public health emergency'. Except for military
caregiver leave defined above, each time FMLA leave is taken for any purpose(s),
the employee's remaining FMLA leave entitlement is any remaining balance of the
12 workweeks that has not been used during the rolling calendar year in which
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the leave was taken. The leave under the Emergency FML Expansion Act is the
only reason allowed for mandatory paid leave under the FMLA. During this leave,
an eligible employee is entitled to continued group health plan coverage. At the
conclusion of the leave, subject to some exceptions, an employee generally has a
right to return to the same or equivalent position. In the event of any conflict
between this policy and the applicable law, employees will be afforded all rights
required by law.
Explanation of Terms
For the purpose of Section 5.12(a):
The term 'eligible employees' means employees who have been employed for at
least 30 calendar days, with the exception of emergency responders including,
but not limited to, law enforcement employees, Department of Emergency
Services fire and/or rescue employees, and 911 dispatchers.
The term 'qualifying need related to a public health emergency', with respect to
leave, means the employee is unable to work (or telework) due to a need for
leave to care for the son or daughter under 18 years of age of such employee if
the school or place of care has been closed, or the child care provider of such son
or daughter is unavailable, due to a public health emergency.
Under this provision, the term 'public health emergency' means an emergency
with respect to COVID-19 declared by a Federal, State, or local authority.
The term 'child care provider' means a provider who receives compensation for
providing child care services on a regular basis, including an 'eligible child care
provider' (as defined in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n)).
The term 'school' means an 'elementary school' or 'secondary school' as such
terms are defined in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
Payment under the Emergency FML Expansion Act
Full-time Employees:
When leave is needed due to a school or childcare closure, the first ten (10)
days of the leave shall be unpaid, unless the employee requests to use
his/her public health emergency leave (PHE leave) (up to 80 hours), if
available, and/or elects to substitute any other accrued paid leave other
than sick leave to cover the unpaid leave time. After the first 10 days of
leave, subsequent absences for this reason shall be paid at the rate of two-
thirds (2/3) of the employee's regular rate of pay, capped at $200 a day and
$10,000 in aggregate. A Designation Notice of FIVILA will be sent to an
employee using the Expanded FMLA for childcare advising him/her that the
leave will be designated as such.
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Part-time Employees:
When leave is needed due to a school or childcare closure, the first ten (10)
days of the leave shall be unpaid, unless the employee requests to use
his/her PHE leave, if available, and/or elects to substitute any other accrued
paid leave other than sick leave to cover the unpaid leave time.
a. Part-time employees with at least 30 days of service with a regular
schedule shall receive leave not to exceed the number of work hours
'the employee is normally scheduled to work in a two-week period.
After the first ten (10) days of leave, subsequent absences for this
reason shall be paid at the rate of two-thirds (2/3) of the employee's
regular rate of pay, capped at $200 a day and $10,000 in aggregate.
For example, a part-time employee who normally works twenty (20)
hours per week would be eligible for up to twenty (20) hours of leave
per week for twelve weeks, with ten of the weeks paid at the rate of
2/3 his/her regular rate of pay
b. Part-time employees with at least 30 days of service whose schedule
varies (on-call/intermittent/temporary and/or seasonal) shall receive
leave equal to the average number of hours that the employee was
scheduled per day over the 6 -month period immediately preceding
the request for leave. For example, if the employee requested leave
on March 20, 2020 any hours worked or leave taken from September
20, 2019 through March 20, 2020 would be considered in
determining the amount of leave permissible under the policy. After
the first ten (10) days of leave, subsequent absences for this reason
shall be paid at the rate of two-thirds (2/3) of the employee's regular
rate of pay, capped at $200 a day and $10,000 in aggregate.
Employees may not use any other form of leave in conjunction with Expanded
FMLA for childcare, with the exception of PHE leave, if available.
Section 5.15 — Public Health Emergency Leave
(March 19, 2020, Revised April 1, 2020)
Isle of Wight County recognizes that in the event of a public health emergency,
employees may be asked to or required to remain away from the workplace to
care for the medical needs of self and/or immediate family members due to
symptoms of and/or a diagnosis of the disease identified in the public health
emergency, required quarantine without the ability to telework, and/or other
purposes allowed by the County Administrator identified in the public health
emergency for the purpose of infectious disease control. The County
Administrator will determine based on emergency declarations and/or other
public health emergency guidance when public health emergency leave may be
granted, for what time period, and for what purposes related to the public health
emergency.
The County may grant, without requirement of repayment, up to eighty (80)
hours of public health emergency paid leave (PHE leave) (up to 112 hours for
regular full-time employees assigned to a 28 -day cycle, as authorized within the
7k work period exemption within the Fair Labor Standards Act, within the
Department of Emergency Services) to regular full-time employees. The County
13
may grant, without requirement of repayment, regular part-time employees
(those working between 20-29 hours per week on a regular basis) ar^ eligib'e;
PUPURI nhlir hoolth omorapnry maid PHE leave in the .m^„„+ of the e mnl^.,^^��
.vw.- 1.— ..... It— 7__ ....., ..................... I ,, ......---- .O ..---- .... ....._.. -.._
p�j�t ^L� paid leave of aRy type, ^ eF th�asst G_-rmrtl.emt hparrie�ding-9R
+.h�crr��,;#P mm` � 11A h - the ema—takes the p -aid sick leave (Public h�rhr
emeFgeR y leave' amount not to exceed the number of work hours the
employee is normally scheduled to work in a two-week period. For example, a
regular part-time employee who normally works twenty (20) hours per week
would be eligible for up to twenty (20) hours of PHE leave per week for two
weeks. The County may grant, without requirement of repayment, on-
call/intermittent/temporary/or seasonal part-time employees PHE leave in the
amount equal to the average number of hours that the employee worked per day,
including leave taken, over the 6 -month period immediately preceding the
request for leave. For example, if the employee requested leave on March 20,
2020 any hours worked or leave taken from September 20, 2019 through March
20, 2020 would be considered in determining the amount of PHE leave
permissible under the policy. If the employee did not work over the prior 6 -
month period, the reasonable expectation of the employee at the time of hiring
of the average number of hours per day that the employee would normally be
scheduled to work shall be used to determine the PHE leave permissible under
the policy.
Employees are responsible for requesting p6lblir health em^r^^r” y PHE leave, if
available, through their Department Head, and for providing any required
documentation, including medical documentation, requested to the Human
Resources Department.
Once the granted public health emeFge ,,.,, PHE leave has been exhausted, should
an employee be asked to or be required to remain away from the workplace, the
employee's other available leave, if any, will be utilized to cover his/her absence,
unless any other leave provisions apply. Once the employee has exhausted all
available paid leave, he/she may make a request under the Leave Donation Policy
or Leave under the Family and Medical Leave Act Policy (Chapter 1, Article XIII
and/or Chapter 1, Article V, Section 5.12) if he/she is eligible for such. Should the
employee not be eligible for the Leave Donation Policy and/or have exhausted all
paid leave or donated leave, the employee may be placed on leave without pay,
pending eligibility and/or approval for such in accordance with policy.
During a public health emergency, particularly an infectious disease outbreak, it is
critical that employees do not report to work while they are ill and/or
experiencing the symptoms and fer aat least 24 h^„rS r^r for whatever time
specified following last experience of symptoms and/or diagnosis identified by
the Centers for Disease Control (CDC) associated with the public health
emergency/infectious disease. Employees who report to work ill will be sent
home in accordance with the CDC's health guidelines.
If an employee is out sick or showing symptoms of being ill, it may become
14
necessary to request information from the employee and/or the employee's
health care provider or that of the employee's immediate family member. In
general, the request for medical information would be for the purpose of
confirming the employee's need to be absent, to show whether and how an
absence relates to the public health emergency/infectious disease, and to know
when it is appropriate for the employee to return to work. As always, we expect
and appreciate the cooperation of employees when medical information is
sought.
Emergency Paid Sick Leave Act
During the period beginning April 1, 2020 and ending on December 31, 2020,
pursuant to the provisions of the Families First Coronavirus Response Act
(H.R.6201), Isle of Wight County will grant the mandated emergency paid sick
leave in the form of Public Health Emergency Leave (PHE leave) to all employees
for the purposes of:
1) The employee is subject to a federal, state, or local quarantine or
isolation order related to COVID-19.
2) The employee has been advised by a healthcare provider to self -
quarantine due to concerns related to COVID-19.
3) The employee is experiencing symptoms of COVID-19 and seeking a
medical diagnosis.
4) The employee is caring for an individual who is subject to an order of
quarantine or isolation and/or is caring for an individual who has been
advised by a healthcare provider to self -quarantine due to concerns
related to COVID-19.
5) The employee is caring for their son or daughter or grandchild if the
school or place of care of the son or daughter has been closed; or the
childcare provider of the son or daughter is unavailable, due to COVID-
19 precautions.
6) The employee is experiencing any other substantially similar condition
specified by the Secretary of Health and Human Services, in consultation
with the Secretary of the Treasury and the Secretary of Labor.
After the first workday (or portion thereof) an employee receives paid sick leave
(PHE leave) under this Act, an employer may require the employee to follow
reasonable notice procedures in order to continue receiving such paid sick leave
(PHE leave). PHE leave needed for dependent care purpose (5) above may be
used intermittently.
All employees eligible for PHE leave under this policy shall be granted the
following hours of PHE leave, capped at $511 per day and $5,110 in the
aggregate, as follows:
IN
Full-time Employees: up to 80 hours (up to 112 hours for regular full-time
employees assigned to a 28 -day cycle, as authorized within the 7k work
period exemption within the Fair Labor Standards Act, within the
Department of Emergency Services)
Part-time Employees:
• Regular part-time employees (those working between 20-29 hours
per week on a regular basis): amount not to exceed the number of
work hours the employee is normally scheduled to work in a two-
week period. For example, a part-time employee who normally
works twenty (20) hours per week would be eligible for up to twenty
(20) hours of PHE leave per week for two weeks.
• On-call/Intermittent/Temporary/or Seasonal part-time employees:
amount equal to the average number of hours that the employee
worked per day, including leave taken, over the 6 -month period
immediately preceding the request for leave. For example, if the
employee requested leave on March 20, 2020 any hours worked or
leave taken from September 20, 2019 through March 20, 2020 would
be considered in determining the amount of PHE leave permissible
under the policy. If the employee did not work over the prior 6 -
month period, the reasonable expectation of the employee at the
time of hiring of the average number of hours per day that the
employee would normally be scheduled to work shall be used to
determine the PHE leave permissible under the policy.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
Andrea Clontz, Emergency Management Coordinator, provided an update on
Coronavirus (COVID-19) and advised that accurate information can be obtained at
the websites for the Virginia Department of Health and the Center for Disease
Control. She stated the Governor's Executive Order #55 prohibits public and
private gatherings of 10 or more and social distancing must be maintained of six
or more feet. She advised that restaurants are still allowed to remain open for
takeout and delivery and that other non-essential businesses not closed under
Executive Order #53 may continue to operate as long as they can accommodate
the appropriate social distancing. She advised that public beaches are closed for
all activities except exercising and fishing and appropriate social distancing must
be maintained at all times; campgrounds may no longer accept reservations for
overnight stay periods of less than 14 days, however, they are allowed to have
long-term reservations and operate camp stores as long as they are meeting the
requirements of social distancing. She stated elderly and individuals with
underlying health conditions are encouraged to self isolate for their own safety.
She stated Departments of Motor Vehicles remain closed and the courts have
extended their closure date until April 26, 2020. She stated suspensions for
disconnections of utilities are being continued and that County offices remain
16
closed to the public with staff continuing to provide services via the telephone,
mail and online.
Chairman Acree requested staff to investigate which grocery stores are offering
specified shopping hours for senior citizens and which stores offer the pick-up
service for inclusion on the County's website.
County Administrator Keaton advised that a conference call with Senator
Warner's office revealed that stimulus checks will be going out within the next
three weeks; individuals on social security do not have to fill out a tax return in
order to qualify for the stimulus checks; and, there are some opportunities for
small businesses to get loans in order to keep their employees on the payroll and
those loans can turn into grants. He stated Senator Warner also advised that
there is a State Stabilization Fund and the State of Virginia will receive three
billion dollars. He stated he also understands there is some ability for the Federal
Government to purchase local government short-term debt. He stated
concerning lost revenue for local governments, there is no money in the Act to
cover any lost revenues by local governments.
County Administrator Keaton advised that telework has begun for those
departments that are able to do that. He stated that some offices are not able to
telework, but for those that can, he is trying to thin out the number of employees
in the building in an attempt to limit exposure.
The Board took a recess and reconvened.
County Attorney Jones presented an Emergency Ordinance to Effectuate
Temporary Changes in Certain Deadlines and to Modify Public Meeting and Public
Hearing Practices and Procedures to Address Continuity of Operations Associated
with Pandemic Disaster for the Board's consideration.
Vice -Chairman Grice moved that the following Ordinance be adopted:
EMERGENCY ORDINANCE TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN
DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES
AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH
PANDEMIC DISASTER
WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order
Fifty -One declaring a state of emergency for the Commonwealth of Virginia
arising from the novel Coronavirus (COVID-19) pandemic; and,
WHEREAS, Executive Order Fifty -One acknowledged the existence of a public
health emergency which constitutes a disaster as defined by Virginia Code § 44-
17
146.16 arising from the public health threat presented by a communicable
disease anticipated to spread; and,
WHEREAS, Executive Order Fifty -One ordered implementation of the
Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia
Emergency Operations Center to provide assistance to local governments, and
authorization for executive branch agencies to waive "any state requirement or
regulation" as appropriate; and,
WHEREAS, on March 13, 2020, the President of the United States declared a
national emergency, beginning March 1, 2020, in response to the spread of
COVID-19; and,
WHEREAS, on March 11, 2020, the World Health Organization declared the
COVID-19 outbreak a pandemic; and,
WHEREAS, on March 19, 2020, the Isle of Wight County Board of Supervisors (the
"Board") confirmed the declaration of local emergency made by the local director
of emergency management on March 13, 2020; and,
WHEREAS, the Board finds that COVID-19 constitutes a real and substantial threat
to public health and safety and constitutes a "disaster" as defined by Virginia
Code §44-146.16 being a "communicable disease of public health threat;" and,
WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary
provision of law, a locality may, by ordinance, provide a method to assure
continuity of government in the event of a disaster for a period not to exceed six
months; and,
WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of
emergency management or any member of a governing body in his absence may
upon the declaration of a local emergency "proceed without regard to time-
consuming procedures and formalities prescribed by law (except mandatory
constitutional requirements) pertaining to performance of public work;" and,
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of Board may
convene solely by electronic means "to address the emergency;" and,
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act ("FOIA") are limited only by a properly claimed exemption
provided under that Act or "any other statute"; and,
WHEREAS, the Governor and Health Commissioner of the Commonwealth of
Virginia and the President of the United States have recommended suspension of
public gatherings of more than ten attendees; and,
WHEREAS, the Attorney General of Virginia issued an opinion dated March 20,
2020 stating that localities have the authority during disasters to adopt
ordinances to ensure the continuity of government; and,
[E:1
WHEREAS, this emergency ordinance in response to the disaster caused by the
COVID-19 pandemic promotes public health, safety and welfare and is consistent
with the law of the Commonwealth of Virginia, the Constitution of Virginia and
the Constitution of the United States of America.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Isle of Wight
County, Virginia:
1. That the COVID-19 pandemic makes it unsafe to assemble in one location a
quorum for public bodies including the Board, the Planning Commission, Board
of Zoning Appeals, and all local and regional boards, commissions, committees
and authorities created by the Board or to which the Board appoints all or a
portion of its members (collectively "Public Entities" and individually "Public
Entity"), or for such Public Entities to conduct meetings in accordance with
normal practices and procedures.
2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any
contrary provision of law, general or special, the following emergency
procedures are adopted to ensure the continuity of government during this
emergency and disaster:
a. Any meeting or activities which require the physical presence of members
of the Public Entities may be held through real time electronic means
without a quorum physically present in one location; and,
b. Prior to holding any such electronic meeting, the Public Entity shall provide
public notice of at least 3 days in advance of the electronic meeting
identifying how the public may participate or otherwise offer comment;
and,
c. Any such electronic meeting of Public Entities shall state on its agenda and
at the beginning of such meeting that it is being held pursuant to and in
compliance with this Ordinance; identify Public Entity members physically
and/or electronically present; identify the persons responsible for receiving
public comment; and identify notice of the opportunities for the public to
access and participate in such electronic meeting; and,
d. Any such electronic meeting of the Public Entities shall be open to
electronic participation by the public and closed to in-person participation
by the public; and,
e. For any matters requiring a public hearing, the public hearing will be
opened and continued until 11:59 p.m. on the date of the public hearing to
allow for receipt of public comment. Public comment will be solicited and
received via written means. Public comment may also be solicited and, if
so solicited, received, via electronic and/or telephonic means if possible
and practical. All such public comments will be provided to members of the
Public Entity prior to the vote on such matter and made part of the record
for such meeting; and,
f. The minutes of all electronic meeting shall conform to the requirements of
law, identify how the meeting was conducted, members participating, and
specify what actions were taken at the meeting. The Public Entities may
approve minutes of an electronic meeting at a subsequent electronic
meeting and shall later approve all such minutes at a regular or special
meeting after the emergency and disaster has ended.
19
IT IS FURTHER ORDAINED that notwithstanding any provision of law, regulation or
policy to the contrary, any deadlines requiring action by a Public Entity, its officers
and employees of its organization shall be suspended during this emergency and
disaster, however,, the Public Entities, officers and employees thereof are
encouraged to take such action as is practical and appropriate to meet those
deadlines. Failure to meet any such deadlines shall not constitute a default,
violation, approval, recommendation or otherwise.
IT IS FURTHER ORDAINED, that non -emergency public hearings and action items
of Public Entities may be postponed to a date certain provided that public notice
is given so that the public are aware of how and when to present their views.
IT IS FURTHER ORDAINED, that the citizen comment portion of the agenda,
specified in Sec. 4-1, Order of Business, of the Isle of Wight County Board of
Supervisors By -Laws and Rules of Procedure is hereby suspended. Citizens are
encouraged to submit comments to the Board in writing or via e-mail.
IT IS FURTHER ORDAINED, that the provisions of this Emergency Ordinance shall
remain in full force and effect for a period of 60 days, unless amended, rescinded
or readopted by the Board in conformity with the notice provisions set forth in
Virginia Code §15.2-1427 but in no event shall such ordinance be effective for
more than 6 months. Upon rescission by the Board or automatic expiration as
described herein, this emergency ordinance shall terminate and normal practices
and procedures of government shall resume.
Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in-
person public meetings provided that public health and safety measures as well as
social distancing are taken into consideration, which may include closing the
meeting site to in-person participation by the public.
An emergency is deemed to exist, and this ordinance shall be effective upon its
adoption.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
In an effort to immediately assist those small businesses that are struggling to
remain operational and those non-profit organizations that are holding special
events to raise funds to assist and support local residents, Vice -Chairman Grice
moved that the Board temporarily waive the $75 fee associated with special
events signage applications during the period of the declared disaster. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
Vice -Chairman Grice suggested that businesses not currently open remove and
store their signage until they are reopened.
Vice -Chairman Grice suggested that County Administrator Keaton and County
Attorney Jones make recommendations and prepare documentation for
modification of County fees associated with penalties and interest on County
meal and occupancy taxes, business property taxes, both personal property and
real estate, and other associated fees for action by the Board at its April 16, 2020
meeting.
The consensus of the Board was to proceed with Vice -Chairman Grice's
suggestion and County Attorney Jones advised that the matter will be advertised
for public hearing at the Board's April 16, 2020 meeting.
Proposed FY2020-21 Operating and Capital Budgets
County Administrator Keaton provided highlights of the proposed FY2020-21
Operating and Capital budgets which reflects no change in the real estate tax rate
of $.85 or the personal property tax rate of $4.50 with the Machinery & Tools tax
rate remaining at $1.75. He advised that the General Fund budget totals
$80,045,138 with the largest source of those funds from General Property taxes
($59.0 million) and the largest uses for education ($27.5 million); public safety
($12.3 million); and, debt service ($11.8 million). He provided an overview of
revenues, which included real property taxes; personal property taxes; Machinery
& Tools tax; Public Service Corporation taxes; meals tax; and, the Utilities fund.
He provided an overview of the expenditures which included potential impacts
from COVID-19 Pandemic; public schools; public safety; fire and rescue response;
public works; debt service; personnel fleet upgrades; and, the Capital Budget. He
recognized the Constitutional Officers, Department Heads and staff for their cost
saving suggestions and Assistant County Administrator Robertson, Stephanie
Humphries and Teresa Morgan for organizing budget requests and preparing
countless budget scenarios.
The Board was requested to review and relay their comments on the proposed
FY2020-29 Capital Improvements Program to County Administrator Keaton.
The consensus of the Board was to continue to conduct its meetings in the Robert
C. Claud, Sr. Board Room with written documents and emails to be submitted on
public hearings.
21
ADJOURNMENT
At 8:30 p.m., Chairman Acree declared the meeting adjourned.
0 aw "�&
1 C�6�—T2
Care Mi s st fm, Clerk
22
Joel C. Acree, Cha'