Issue link: http://digital.copcomm.com/i/1233441
at the capitol SPRING 2020 | ADVOCATE 7 this requirement. However, employees may choose to use other available accrued leave under some circumstances (for example, under the above qualifying reasons 4-6, which only pay two-thirds of an employee's regular pay up to $200/day) in order to receive full pay. • After the first workday in which an employee receives emer- gency paid sick leave, the employer may require the employ- ee to follow reasonable notice procedures. • Employers cannot require, as a condition of providing emergency paid sick leave, that an employee be involved in searching for or finding a replacement worker. • Employees are protected from retaliation (including job loss, discipline and discrimination) for using emergency paid sick leave or filing a complaint. • Emergency paid sick leave does not carry over from one year to the next, and is not paid out at the termination of employment. Public Health Emergency Leave (also known as Emergency Family and Medical Leave Expansion Act Leave): • This type of leave provides up to 12 weeks of partially-paid, job-protected leave to employees who are unable to work (or telework) due to a need for leave to care for a son or daugh- ter under the age of 18 if the school or place of care has been closed, or the child's childcare provider is unavailable, due to a public health emergency related to coronavirus (as declared by a federal, state or local authority). This is the only qualify- ing reason for this type of leave. Note: "Son or daughter" includes a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or the child of a person standing in loco parentis (meaning one who is acting and intending to act as a parent, with no requirement of a legal or biological relationship), under 18 years of age. • Employees must only have been employed for at least 30 days to access this leave (as opposed to the 12-month employ- ment period for FMLA). • At the employee's option, the first 10 days of this leave may be taken as unpaid leave or the employee may elect to substi- tute any accrued vacation, personal, or sick leave (including emergency paid sick leave). However, the employer may not require such substitution of paid leave. • Leave may be taken for up to 12 weeks, the final 10 weeks of which are paid as public health emergency leave. Ordinarily, FMLA leave is unpaid, so this is a key change. • After the first 10 days, leave is paid at an amount not less than two-thirds of the employee's regular rate of pay, based on the number of hours the employee would otherwise normally be scheduled to work, capped at $200 per day and $10,000 in the aggregate. • For part-time workers, pay is equal to the average number of hours per day the employee was scheduled to work over the previous 6-month period. • Because caring for a child whose school or place of care is closed due to coronavirus is also a qualifying reason for emergency paid sick leave, it is important to emphasize that an employee who cannot work for this reason could choose to take two weeks of emergency paid sick leave (paid at two-thirds of an employee's regular rate of pay up to $200/day) followed by another 10 weeks of public health emergency leave (also paid at two-thirds of an employee's regular rate of pay up to $200/day) -- all without having to use existing leave benefits. However, such leave would not be at full pay. • If the need for leave is foreseeable, the employee must pro- vide the employer with notice of leave, as is practicable. Job protection/restoration: As with the FMLA, job restoration is required. Employees who take public health emergency leave are entitled upon return from leave to be restored to their job position or to an equivalent position with equivalent employment benefits, pay, and other terms/conditions of employment. Coronavirus Aid, Relief, and Economic Security Act (CARES Act) The CARES Act provides for stimulus payments for individuals. The payments phase out at higher income levels. The payments are based on filing status (married vs. single), income, and number of children. The payments are expected to be made within the coming month or two. In addition, the CARES Act provides for expanded unemployment eligibility and benefits. Currently, weekly state unemployment benefits are capped at $240 and may last for up to 26 weeks. Under the CARES Act, the federal government is funding up to another $600 in weekly benefits (up to $840 in total benefit) and extended benefits for up to another 13 weeks (for 39 weeks in total). In addition, eligibility for unemployment is being expanded to include self-employed individuals and others who were not previously eligible for unemployment. Arizona School Closures Act On March 15, Governor Ducey and State Superintendent of Public Instruction Hoffman jointly announced the closing of all schools statewide until March 27, later extending this to April 10. Prior to the announcement, AEA had already called for students to stay home and dozens of Arizona public school districts had already closed schools, either for some period of time or indefinitely, citing concerns about student and staff safety and the goal of limiting exposure to, and slowing the spread of, the virus. On March 30, Governor Ducey and Superintendent Hoffman announced that schools will be closed through the end of the school year. The Arizona School Closures Act, House Bill (HB) 2910, addresses a wide range of issues related to public school closures due to the coronavirus pandemic. This act provides for continued pay for school employees during the school closures while employees are committed to being available to work. Under these conditions, school districts may not require employees to use accrued leave in order to receive pay during the closures.