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HomeMy WebLinkAboutItem 09 - Paid Quarantine LeaveMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: AUGUST 17, 2021 SUBJECT: PAID QUARANTINE LEAVE POLICY RECOMMENDATION: City Council to consider Paid Quarantine Leave Policy for First Responders. FUNDING SOURCE: This action will have no material effect on City funds. BACKGROUND: During the 87th Legislature, Session House Bill 2073 was passed mandating paid quarantine leave for specific employees. The bill relates to quarantine leave for fire fighters, peace officers, detention officers, and emergency medical technicians. The bill states: "The governing body of a political subdivision shall develop and implement a paid quarantine leave policy for fire fighters, peace officers, detention officers, and emergency medical technicians who are employed by, appointed by, or elected for the political subdivision and ordered to quarantine or isolate due to a possible or known exposure to a communicable disease while on duty." Staff recommends approval. H.B. No. 2073 AN ACT relating to quarantine leave for fire fighters, peace officers, detention officers, and emergency medical technicians employed by, appointed by, or elected for a political subdivision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Chapter 180, Local Government Code, is amended to read as follows: CHAPTER 180. MISCELLANEOUS PROVISIONS AFFECTING OFFICERS AND EMPLOYEES OF MORE THAN ONE TYPE OF [n -UTA ALITIEU, OOUNTIES, AND r"ERT TAT 9TH I LOCAL GOVERNMENT [G9VERNME Tmc SECTION 2. Chapter 180, Local Government Code, is amended by adding Section 180.008 to read as follows: Sec. 180.008. PAID QUARANTINE LEAVE FOR FIRE FIGHTERS, PEACE OFFICERS, DETENTION OFFICERS, AND EMERGENCY MEDICAL TECHNICIANS. (a) In this section: (1) "Detention officer" means an individual appointed or employed by a political subdivision as a county jailer or other individual responsible for the care and custody of individuals incarcerated in a county or municipal jail. Page - 1 - who is: H.B. No. 2073 (2) "Emergency medical technician" means an individual (A) certified as an emergency medical technician under Chapter 773, Health and Safety Code; and (B) employed by a political subdivision. (3) "Fire fighter" means a paid employee of a municipal fire department or emergency services district who: (A) holds a position that requires substantial knowledge of fire fighting; (B) has met the requirements for certification by the Texas Commission on Fire Protection under Chapter 419, Government Code; and (C) performs a function listed in Section 143.003 (4) (A) . (4) "Health authority" has the meaning assigned by Section 121.021, Health and Safety Code. (5) "Peace officer" means an individual described by Article 2.12, Code of Criminal Procedure, who is elected for, employed by, or appointed by a political subdivision. (b) The governing body of a political subdivision shall develop and implement a paid quarantine leave policy for fire fighters, peace officers, detention officers, and emergency medical technicians who are employed by, appointed by, or elected Page -2 - H.B. No. 2073 for the political subdivision and ordered to quarantine or isolate due to a possible or known exposure to a communicable disease while on duty. (c) A paid quarantine leave policy must: (1) provide that a fire fighter, peace officer, detention officer, or emergency medical technician on paid quarantine leave receive: (A) all employment benefits and compensation, including leave accrual, pension benefits, and health benefit plan benefits for the duration of the leave; and (B) reimbursement for reasonable costs related to the quarantine, including lodging, medical, and transportation; and (2) require that the leave be ordered by the person's supervisor or the political subdivision's health authority. (d) A political subdivision may not reduce a fire fighter's, peace officer's, detention officer's, or emergency medical technician's sick leave balance, vacation leave balance, holiday leave balance, or other paid leave balance in connection with paid quarantine leave taken in accordance with a policy adopted under this section. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as Page -3 - H.B. No. 2073 provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021. Page -4 - H.B. No. 2073 President of the Senate Speaker of the House I certify that H.B. No. 2073 was passed by the House on April 7, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2073 on May 28, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not voting. Chief Clerk of the House I certify that H.B. No. 2073 was passed by the Senate, with amendments, on May 26, 2021, by the following vote: Yeas 31, Nays 0 /G�»GZ0]VBI�ii Date Governor Page -5 - Secretary of the Senate Paid Quarantine Leave 01 Purpose To provide a continuation of employee benefits and compensation while under a quarantine order due to an on the job exposure to a communicable disease. In accordance with HB 2073 this policy is effective June 15th, 2021. 02 Applicability This policy only applies to City of Grapevine First Responders defined as sworn police, certified fire, emergency medical technicians and detention officers. Refer to HB 2073 for more details on definition. 03 Benefit The City will continue to pay the employee's salary while under a quarantine order without a decrease in accrual balances. Employee's health and pension benefits will not be affected while on quarantine leave. 04 Procedure The leave period must be ordered by the employee's supervisor. To initiate the quarantine period the supervisor must complete the "Paid Quarantine Leave" form in Laserfiche. The supervisor will provide the exposure date and specify quarantine dates. Paid Quarantine Leave will be coded to C19 on the timesheet. If an employee tests positive as a result of the exposure a workers' compensation claim must be filed, the workers' compensation policy will take precedence.