COVID-19

FREQUENTLY ASKED QUESTIONS

Vulnerable Populations

Can employees over 65 or with a chronic illness be encouraged to self-isolate?

Yes, employees can be encouraged, but not ordered, to self-isolate.

Will my department reach out to me if I am over 65 years in age if I do not initiate the communication?

No, at this time, there is no requirement for supervisors to proactively reach out to employees who may be in a vulnerable population, such as over 65 years in age.

I have a medical condition and am unable to telework and am self-isolating - will I do so without pay?

We recommend that employees connect with their supervisors and their departmental HR manager to identify work deliverables that can be done through telework for a short period.  Some departments are exploring using this time to complete mandatory trainings, skills training/skills building courses available online through Udemy, or other options.

Please know that employees are not required to share diagnoses or treatment plans with their employer; this is confidential/personal medical information that is protected by law.

I was in contact with someone from an impacted area in Europe and am now self-isolating; if 14 days pass and I do not exhibit any symptoms, may I return back to the office?

You should be able to return to work without issue.  However, we encourage you and your department to monitor information and guidance issued by our Department of Public Health and by the CDC as more information about the virus is available.

We also encourage you to check in with us closer to the date of your return to work to receive updated guidance, if any.

I am about to turn 66 and/or I have a medical condition - should I stay home from work?

Guidance from the Department of Public Health and the CDC urges that individuals who are over 65, and/or have an underlying medical condition should self-isolate.  Of course, your physician would be the most appropriate person to provide you with specific guidance.

Please speak to your Departmental HR Manager to express your concerns and to explore your options, including the option to telework.

Please know that you do not need to share any information about your health (diagnosis, treatment plan, etc.), as this personal confidential information that is protected by law.  It is sufficient to let your manager know that you have an underlying medical condition.

If I have no or few tasks amenable to telework, how long can I stay at home and telework?

Each manager assigns telework assignments to staff and therefore you should check in with your manager and departmental human resources manager for further guidance.

You can continue to use Udemy and courses on Saba / The Learning Net to help support a telework assignment to provide staff development, especially in this circumstance.

What do I do if I am ill?

We are asking employees to stay home if they are feeling even mildly ill and to call their doctors—rather visiting in person—to find out whether they need to be tested.  All County health carriers offer tele-medicine services for our employees. The information on how to access telemedicine should be on the back of the insurance card or through your carrier’s member services.

If you are ill or taking care of an ill family member, please notify your Departmental Human Resources Manager (DHRM).

Child care workers and similar classifications of employees are exempt from Safer-at-Home – does this include employees who are over 65 or have underlying health conditions?

Individuals who are in a high-risk category, or have special circumstances to consider (high risk individuals at home, children at home due to school closures, etc.) continue to have the option to self-isolate.

Please contact your Departmental HR Manager for further guidance and assistance.

Telework and Hiring

I have been diagnosed with a particular medical condition. I cannot telework because I have no work to do outside of the office. If I self-isolate in this instance, will I go without pay?

We recommend that you connect with your departmental HR manager and your supervisor to identify work deliverables that can be done through telework for a short period.  Some departments are exploring using this time to complete mandatory trainings, skills training/skills building courses available online through Udemy, or other options.

Please know that you are not required to share your diagnoses or treatment plans with your employer – this is confidential/personal medical information that is protected by law.

Is there a “tracking code” I can use on my timecard if I have to take full or partial days off due to school closures of if I need to stay at home to care for children?

DHR and Auditor Controller have developed codes to track telework during the COVID-19 crisis.

Please refer to the time code memo that has specific codes to be used.

Are County employees required to work at home under the Safe-At-Home order?

County employees are expected to continue their work during the emergency which can include working from home, working at an employee’s regular location, or working at another location in a Disaster Service Worker (DSW) capacity.

Disaster Services Workers

At what point will employees be activated as Disaster Service Workers (DSW)? Will a standard memo be issued by DHR for departments to remind employees of their obligations and implications of DSW activation?

County employees can be asked to serve at any point that the Emergency Operations Center is activated.  On March 18, 2020 the Director of Personnel sent out a memo to all employees reminding them of their obligation to serve as a DSW and providing links to the training.

Resources for Employees

I do not have access to gloves or to a mask at my place of work and this is making me fearful – is there anywhere I can turn?

Please reach out to your manager and Departmental Human Resources Manager to discuss appropriate supplies that may be requested.

Additionally, we encourage you to explore the excellent resources on managing stress offered by the Department of Mental Health http://dmh.lacounty.gov and to access support from our Employee Assistance Program (EAP) service by calling 1-800-999-7222 for a confidential phone consultation.

I would like to use Kin Care to take my spouse with an underlying medical condition to and from work during the COVID-19 pandemic. Does this activity qualify for KinCare given the current environment?

Yes, we believe that Kin Care would cover this situation as it may be use in situations of preventative care for an employee’s family member.

FFCRA/Discretionary Leaves

What is the Families First Coronavirus Response Act (FFCRA) and what does it provide?

  • The FFCRA provides protected leave for employees related to impact of Coronavirus (COVID-19).
  • The leave is available for use from April 1, 2020 through December 31, 2020 only.
  • The FFCRA allows employers of a “health care provider” or an “emergency responder” to exclude certain employees from these benefits.

Has the County excluded employees from the FFCRA leave benefits?

The County of Los Angeles has excluded employees in the following 11 County departments:

  • Children and Family Services
  • Fire
  • Health Services
  • Internal Services Department
  • Medical Examiner-Coroner
  • Mental Health
  • Probation
  • Public Health
  • Public Social Services
  • Public Works
  • Sheriff

Do employees in the 11 County departments excluded from FFCRA leave benefits have other leave available if they are impacted by the Coronavirus (COVID-19)?

Yes.  These employees are eligible for County-provided Discretionary Leave that is equivalent to the FFCRA leaves, with the same eligibility requirements and qualifying leave reasons.

What leaves of absence are available for employees that are impacted by the Coronavirus (COVID-19)?

Employees with County-provided Discretionary Leave may submit requests for the following leaves:

  • COVID Paid Leave: Provides up to 80 hours of leave, with the amount of pay dependent on the qualifying reason the leave is being taken.
  • COVID Leave: Provides up to 12 weeks of leave, with Days 1 through 10 unpaid, and Days 11 through Week 12 partially paid.

Employees with FFCRA protected leaves may submit requests for the following leaves:

  • Emergency Paid Sick Leave (EPSL): Provides up to 80 hours of leave, with the amount of pay dependent on the qualifying reason the leave is being taken.
  • “Expanded” FMLA: Provides up to 12 weeks of FMLA leave, with Days 1 through 10 unpaid, and Days 11 through Week 12 partially paid.

 

Note:  “Expanded” FMLA provides an additional qualifying reason with partial pay for FMLA leave, but does not provide an additional 12 weeks of FMLA entitlement leave.  Employees entitled to FMLA and “Expanded” FMLA leave may use up to a combined total 12 weeks of FMLA and “Expanded” FMLA leave.

What is the difference between County-Provided Discretionary Leaves and the FFCRA Leaves?

On March 18, 2020, the President signed H.R. 6201, the Families First Coronavirus Response Act (the Act) into law to provide benefits to eligible employees impacted by the COVID-19 pandemic.  The Act allows employers to exclude certain critical employees from the leave benefits provided by FFCRA.  The County excluded employees in 11 County departments and provided those employees with Discretionary Leaves that are equivalent to the FFCRA leaves.

FFCRA Leaves:

  • Are protected leaves
  • Employees are eligible for EPSL upon employment with the County if they are unable to work or telework, and meet one of the leave’s qualifying reasons.
  • Employees are eligible for “Expanded” FMLA if they have been employed by the County for at least 30 calendar days, are unable to work or telework, and meet one of the leave’s qualifying reasons.

Discretionary Leaves:

  • Are County-provided discretionary leaves that may be approved or denied at the discretion of the department head based on
  • Employees are eligible for COVID Paid Leave upon employment with the County if they are unable to work or telework, and meet one of the leave’s qualifying reasons.
  • Employees are eligible for COVID Leave if they have been employed by the County for at least 30 calendar days, are unable to work or telework, and meet one of the leave’s qualifying reasons.

What are the qualifying reasons for EPSL (a FFCRA leave) or COVID Paid Leave (a Discretionary Leave), and how much will employees be paid while on this leave?

A.  Employees approved for EPSL or COVID Paid Leave will receive their regular rate of pay if unable to work or telework because the employee:

  • is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
  • has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or
  • is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

If EPSL or COVID Paid Leave is taken for these reasons, it is capped at $511 per day and $5,110 in total.

B.  Employees approved for EPSL or COVID Paid Leave will receive two-thirds of their regular rate of pay if unable to work or telework because the employee is:

  • caring for an individual who: (1) is subject to a federal, state, or local quarantine or isolation order related to COVID-19; or (2) who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  • caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of the son or daughter is unavailable, due to COVID-19 precautions; or
  • experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Treasury and Labor Departments.

If EPSL or COVID Paid Leave is taken for these reasons, it is capped at $200 per day and $2,000 in total.

What are the qualifying reasons for “Expanded” FMLA (a FFCRA leave) or COVID Leave (a Discretionary Leave), and how much will employees be paid while on this leave?

Employees approved for “Expanded” FMLA or COVID Leave will receive no pay for the first 10 days of leave, and will be paid in an amount not less than two-thirds of their regular rate of pay for the number of hours the employee would otherwise be normally scheduled to work during the leave time for day 11 through Week 12 if:

  • 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) if the child’s school or place of care has been closed; or
  • the child care provider of a son or daughter is unavailable, due to a “public health emergency,” which is defined as an emergency with respect to COVID-19 declared by a federal, state, or local authority.

This leave may only be taken if there is no other suitable person to provide care for the child.

An employee may supplement the unpaid leave days (1 through 10) with any accrued leave time (vacation, personal, medical/sick leave, etc.) or EPSL/COVID Paid Leave in order to receive pay.  Employees may not supplement partially paid leave days (11 through Week 12) with accrued leave time or ESPL/COVID Paid Leave in order to receive full pay.

How does an employee in one of the departments with FFCRA leaves request EPSL or “Expanded” FMLA leave?

Employees are to complete the “Request Form for Leave of Absence Related to COVID-19” located in leave Packet A, and submit the completed form to their department’s Human Resources Office.

Packet A can be found on the DHR website or can be obtained through the employee’s departmental Human Resources Office.

How does an employee in one of the departments with County-provided Discretionary request COVID Paid Leave or COVID leave?

Employees are to complete the “Request Form for Leave of Absence Related to COVID-19” located in leave Packet B, and submit the completed form to their department’s Human Resources Office.

Packet B can be found on the DHR website or can be obtained through the employee’s departmental Human Resources Office.

What does it mean to be unable to work or telework for COVID-19 related reasons?

An employee would be able to perform their assigned work duties either at their regularly assigned worksite or by telework but for the impact from COVID-19 as described in one of the qualifying leave reasons.

Who is a “son or daughter” as used under the FFCRA and Discretionary Leaves?

A “son or daughter” is the employee’s own child under the age of 18, which includes his or her biological, adopted, or foster child, stepchild, a legal ward, or a child for whom the employee is standing in loco parentis—someone with day-to-day responsibilities to care for or financially support a child.  A “son or daughter” is also a son or daughter who is 18 years of age or older who (1) has a mental or physical disability, and (2) is incapable of self-care because of that disability.

When is an employee eligible for EPSL (a FFCRA leave) or COVID Paid Leave (a Discretionary Leave) to self-quarantine?

An employee may be approved for EPSL or COVID Paid Leave if the employee is unable to work or telework because 1) a health care provider directs or advises an employee to self-quarantine due to concerns related to COVID-19; or 2) the employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.

How are employees to code their timecards when they have been approved to use a leave related to COVID-impact?

After employees impacted by COVID have been approved to use one or more of the leaves, their departmental Human Resources Office or Leave Management Coordinators will provide employees with the timecard codes they are to use.

Can any of the new FFCRA leaves or County-provided Discretionary Leaves be carried over past December 31, 2020 if I have not used them?

No.  All FFCRA and Discretionary Leaves may only be used during the period of April 1, 2020 through December 31, 2020.  Any unused hours are not carried over after December 31, 2020.

If an employee uses EPSL (a FFCRA leave) or COVID Paid Leave (a Discretionary Leave), does that count against other types of paid sick leave employees are entitled to under State or local law?

No. EPSL or COVID Paid Leave is in addition to other leaves provided under Federal, State, or local law, or an applicable collective bargaining agreement or County policy.