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Res 1616 03/22/2022 Covid Lv Of C/ .. •\ 1 ... .y o .. .. - ... V O r=z rexs A "City of Choice" RESOLUTION NO. A RESOLUTION BY THE CITY' COUNCIL OF THE CITY OF CIBOLO, TEXAS RELATING TO AMENDING THE PERSONNEL POLICY TO INCLUDE THE -REGULATION'OF PAID COVID-19 LEAVE FOR EMPLOYEES NOT COVERED: BY THE PAID QUARANTIVE LEAVE AS FIRST RESPONDERS; PROVIDING THAT THIS RESOLUTION SHALL BE, CUMULATIVE. OF ALL OTHER RESOLUTIONS; PROVIDING_ FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.06 of the Cibolo City Charter provides that the City Council shall, by ordinance or resolution, establish personnel policies; and WHEREAS, the City Council establishes a Paid COVID-19 Leave for all employees not eligible=for the Paid'Quarantine Leave as First Responders. WHEREAS,the City Council amends the personnel policy to comply with the Paid COVID- 19 Leave Policy. NOW THEREFORE, BE.IT RESOLVED BY THE CITY COUNCIL OF THE_CITY OF CIBOLO, TEXAS: SECTION 1: The meeting at which this resolution was approved was in dll things conducted in compliance with the Texas Open Meetings Act, Texas.Government Code, Chapter 551: SECTION 2 The City of Cibolo Personnel Policies is amended by adding the.followirig: Policy 1:4 Leave Benefits 1.4. Paid COVID-19 Leave A.. Purpose::To provide paid.leave to employees during periods of absence from work. because they are required;:by the City to isolate or quarantine.:because :of specific. reasons related to the COVID-19.virus. B. Definitions: Under this Policy, the term "COVID-19 :Leave" shall meanpaid leave provided to .employees who are (A) ordered to isolate by the-City because-of (i) a positive test for COVID-19; or (ii) symptoms of,COVID-19 that are later confirmed with a positive test for COVID-19; or (B) ordered to quarantine by the City due to an exposure to COVID-19. C. Eligibility: Eligible employees shall be entitled to up to forty (40) hours of COVID- 19 Leave per occurrence. Eligible employees shall be entitled to-two (2).-occurrences of COVID-19 Leave per calendar'year. For each period of isolation or quarantine-, the employee may utilize COVID-19 Leave for the,duration ofthe period of isolation or quarantine (until the maximum number of hours is reached). D. Test Results Required In order for leave to be classified as COVID-19 Leave, the employee must, as soon as.' practicable, but no later than the employee's return to duty,provide the City's Human Resource Department with a copy of:the C6VID-19 test results indicating the employee tested positive for COVID=19 or evidence confirming the employee was subject to an exposure of COVID-19, justifying the City's. decision. to order the employee to quarantine. E. .Use of Sick Leave for Other COVID-19-Related Absences Other absences related to COVID49 not covered by COVID-19 Leave under this Policy, including quarantine.related to exposure that is not mandated by the City, shall be treated in the same manner as other absences under the sick and/or vacation_ leave policies of the City: F. Advance of Sick Leave for Absences Related to COVID-19 . To the extent an employee_has exhausted all of his or her available accrued paid leave under the City's Sick acid Vacation Leave policies; the City will permit the employee anadvance of sick leave hours that will be accrued in the future in the following ...instances: (i) The employee has been required.by the City to quarantine due to a reason related to COVID-19 not..otherwise covered by this Policy or . allowed by the City to quarantine due to an exposure not covered by. this Policy; and (ii) The employee is unable to telework (or telework is unavailable) and the employee's-time would otherwise be.unpaid.. All other requests for advances of sick leave will be..subject to :the discretion of the City Manager. Sick Leave will only be advanced. under this policy to the extent necessary,to;cover each specific absence up to the limit.described above and to the ..extent that the employee executes a sick leave advance deduction agreement. Employees should contact the Human Resources Department to make the request and . for additional information. Once the employee returns to work following the use of Advanced Sick Leave, the employee will have a negative sick leave balance. As the employee continues his or her employment, the employee will accrue sick leave under the City's policies but will not beable to take any paid sick leave for reasons not provided.by this Policy (or for any reason to the extent the employee has reached the advanced limit discussed. above) until the employee's Sick Leave balance has been restored to the,positive. To the extent the employee's employment terminates while.the employee has an advanced sick leave balance, the employee will owe to the City an amount equal to the number of hours remaining.in the advanced leave balance at the employee's hourly rate at termination. The City will deduct,to the extent possible, these.amounts from your final paycheck and any other compensation due upon termination. G. Return from Paid Quarantine Leave Following use of COVID-19 Leave; the City may require the employee to.'submit a negative COVID-19 test-result (including an at-home COVID-19 test indicating a negative result) or release to return-to-work from the employee's physician, confirming that the employee is permitted to return to work and is not contagious. SECTION 3 CUMULATIVE CLAUSE The Amendment outlined in Section 2 of the City of Cibolo Personnel Policies, are the only . changes and the remainder. of the Policy shall stay as written. That this Resolution shall be cumulative of all-other ordinances and resolutions of the City of Cibolo, Texas, except where the provisions of this Resolution are in direct conflict with the provisions of such other ordinances and/or resolutions, in which event the conflicting provisions of such ordinances or resolutions are hereby repealed. SECTION 4 SEVERABILITY That it is hereby declared to be the intention of the City Council of the City of Cibolo that the phrases,.clauses, sentences, paragraphs, and sections of this Resolution are severable, and if . any phrase, clause, sentence, paragraph or section of this Resolution should be. declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall notaffect any of the remaining phrases, clauses, sentences, paragraphs or sections of the Resolution s, since the same would have been enacted by the City Council without incorporation.in this resolution of any such unconstitutional phrases, clause, sentence,paragraph or section. SECTION 5 EFFECTIVE DATE . This Resolution shall take effect and shall be in full force upon adoption. PASSED AND APPROVED AND ADOPTED THIS DAY OF MARCH 2022.. APPROVED: Stosh Boyle l Mayor ATTEST: Peggy Ciiiiics, TRMC . . City Secretary