Staff Update - 3/20/20
SBCSS Employees:
We know these have been times of uncertainty and anxiety as citizens across our country are being asked to change their daily personal and work lives in order to prevent further spread of the coronavirus (COVID-19).
As of yesterday, the districts in San Bernardino County, in collaboration with our office and the Department of Public Health, made the difficult decision to close schools at least through May 1. No sooner did we complete the necessary tasks and communications associated with notification of the school closures, than Governor Newsom held a news conference to share an important announcement for all California residents regarding our state’s response to COVID-19.
The Governor’s Stay-at-Home Executive Order 33-20 states in part, “The State Public Health Officer and Director of the California Department of Public Health order all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors.” The order is effective immediately, until further notice.
At this time, the order does NOT change or impact the role of local education agencies to carry out essential services including continuity of learning and school meal services. The critical functions of K-12 education are still in effect under the Governor’s prior Executive Order 26-20 and exempt from the Stay-at-Home order. San Bernardino County Superintendent of Schools will continue essential operations to support our school districts with very minimal on-site staffing and the telecommuting agreement currently in place for those employees considered essential.
I have been in awe of our employees who have readily adapted to the circumstances impacting our work here at County Schools. Thank you for your commitment and sacrifices to provide essential services to our districts and students during these unprecedent times. We will do everything in our power to keep our SBCSS employees informed, safe and healthy.
That being said, please take care of yourself and your families during this public health emergency and follow the Governor’s orders to the extent possible. The Stay-at-Home order encourages all California citizens to stay at home or their place of residence as much as possible. We must all do our part to “flatten the curve” of the spreading coronavirus. If you do not feel well, stay home. If you are experiencing COVID-19 symptoms, such as cough, sore throat, difficulty breathing and fever, immediately contact your healthcare provider. This is of particular importance to individuals 65 and older and those with underlying health concerns.
Finally, thank you for what you do on a daily basis to support our students, staff, families and school districts. You are appreciated!
You can find this update and previous COVID-19 updates on eNet.
Families First Coronavirus Response Act
Families First Coronavirus Response Act pdf poster - U.S. Department of Labor
The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (DOL) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. The Act requires employers to provide this information to employees by the effective date of April 1, 2020. The provisions apply through December 31, 2020.
Please read below or on the attached PDF, the provisions of the Act. For additional questions, please visit the FAQ page on the DOL website or contact SBCSS Human Resources at 909-386-9572.
Generally, the Act provides that employees of covered employers are eligible for:
Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or
Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor; and
Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee, who has been employed for at least 30 calendar days, is unable to work due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.
Covered Employers: The paid sick leave and expanded family and medical leave provisions of the FFCRA apply to certain public employers, and private employers with fewer than 500 employees.[1] Most employees of the federal government are covered by Title II of the Family and Medical Leave Act, which was not amended by this Act, and are therefore not covered by the expanded family and medical leave provisions of the FFCRA. However, federal employees covered by Title II of the Family and Medical Leave Act are covered by the paid sick leave provision.
Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.
Eligible Employees: All employees of covered employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19. Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19.[2]
Notice: Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. After the first workday of paid sick time, an employer may require employees to follow reasonable notice procedures in order to continue receiving paid sick time.
Qualifying Reasons for Leave:
Under the FFCRA, an employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:
1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
2. has been advised by a health care provider to self-quarantine related to COVID-19;
3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
5. 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
6. is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
Under the FFCRA, an employee qualifies for expanded family leave if the employee 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.
Duration of Leave:
For reasons (1)-(4) and (6): A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.
For reason (5): A full-time employee is eligible for up to 12 weeks of leave (two weeks of paid sick leave followed by up to 10 weeks of paid expanded family & medical leave) at 40 hours a week, and a part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period.
Calculation of Pay:[3]
For leave reasons (1), (2), or (3): employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
For leave reasons (4) or (6): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).
For leave reason (5): employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period). [4]
[1] Certain provisions may not apply to certain employers with fewer than 50 employees. See Department FFCRA regulations (expected April 2020).
[2] Under the Act, special rules apply for Health Care Providers and Emergency Responders.
[3] Paid sick time provided under this Act does not carryover from one year to the next. Employees are not entitled to reimbursement for unused leave upon termination, resignation, retirement, or other separation from employment.
[4] An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the first two weeks of partial paid leave under this section.