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COVID-19 School Closures and Employment Issues

3/17/2020

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Contributed by Karen Gabler, LightGabler Law

With the recent COVID-19 school closures occurring throughout the state, we can expect that a number of employees will request to work from home or take time off work while their children are out of school.
For employees who want to work remotely, but do intend to keep working their regular schedules, employers should consider granting the request on a temporary basis as a courtesy to employees who could reasonably perform their work at home, even if remote work is not typically permitted. When permitting remote work, implement a temporary remote work agreement specific to COVID-19 conditions, to be clear that this is not a long-term option. LightGabler can assist with preparing this agreement for you.
For employees who cannot work remotely but want to take time off work, or work a reduced schedule at home for school closure purposes, here are the relevant employment law standards in considering this request:
  • Sick Leave: Employees are entitled to use their sick time for family care purposes. However, sick leave does not apply to caring for a child unless that child is ill, injured or has other medical needs.
  • Vacation Leave: Employees may use vacation time for any personal reasons. While most employers have specific advance notice requirements when employees request vacation, consider waiving those notice requirements for your workers at this time of crisis and allowing them to take vacation immediately. Employees can be expected to apply available vacation to personal time off before taking unpaid time off; this is a business decision for the company (but make sure you are consistent with all employees).
  • PTO: PTO (combined sick and vacation leave) policies must comply with the rules of both sick leave and vacation leave. PTO may be used entirely for vacation purposes, so it would be available to the employee in the same manner noted in the “vacation leave” paragraph above.
  • School Leave: For employers with at least 25 employees, the company must grant unpaid “school leave” in child care emergency situations (which would include unexpected school closures). The maximum leave available is 40 hours per school year, at a rate of no more than eight hours per month. While employees who want to take full time off would use up this time almost immediately, some employees may use this in increments if they have available child care options but must arrive late or leave early to work within those child care schedules. For employees who want to work remotely, consider allowing remote work if at all possible, or grant non-working time off if working from home is not possible.
  • Unpaid personal time off: Employers may not typically provide unpaid personal time off, but may consider doing so during mandatory school closures related to a public health crisis. It is a difficult time for everyone involved, and it is advisable to allow employees to take unpaid personal time off to self-quarantine and/or to care for a child at home during a school closure. When doing so, employers can remind employees that unpaid personal leave typically is not granted but is being implemented as a courtesy during this crisis period.
  • Negative time off balances: Some companies are granting employees the right to “go negative” on their available sick, vacation and PTO balances, even if this is not typically permitted. This is acceptable and a reasonable courtesy to grant at this time. Remember that you cannot deduct negative balances from final pay if an employee leaves with a negative balance on the books, so this may turn out to be a gift to employees who leave before recovering the negative time.

For any specific questions, reach out to Karen Gabler via EMAIL.

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County Vaccine Update
Click Here for Ventura County Vaccine Information Portal

​As of 1/19/21 31,553 individuals have been vaccinated in Ventura County. The County has received 44,625 first dose vaccines. All appointments are filled this week.
More appointments will be opened next week. A notice will be sent when they open up.

The County has to wait each week on the amount of vaccines provided to the County from the State and then more appointments can be made. All vaccines coming in are going out to the people in Phase 1A and 75 and older. We have more eligible people wanting the vaccine than vaccines available.

It will take months to vaccinate all people. Vaccine supply is the biggest barrier to making this effort move more quickly. This is impacting Counties throughout the State.

Once appointments are opened you can register on the Ventura County Recovers website at the following link:

www.venturacountyrecovers.org/vaccine-information/portal/.

You can also call their hotline to make an appointment next week. Currently, the hotline has a recording saying all appointments are full. Once more appointments are open an operator will be able to help callers make appointments. 
The phone number is: 805-477-7151.

The Area Agency on Aging provides transportation services for older adults that are in need of transportation to a vaccine appointment or for COVID-19 testing. This includes people that need lift assist as well as gurney transportation. The driver will take you, wait for you, help you at the site and take you home. 
To schedule a ride call 805-477-7300. 

You must have a vaccine appointment before you schedule a ride.

View all phase information at the following link: 
www.venturacountyrecovers.org/vaccine-information/prioritization/
Who is allowed to be vaccinated now per State Guidelines:
Phase 1A, Tiers 1 - 3: ​
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  • COVID holding unit staff
  • Acute care hospital staff  (staff includes all workers that work in the individual unit: janitors, housekeepers, maintenance, security, ward clerks, nurses, physicians, techs, respiratory therapists, lab techs, etc.):
  • ICU staff
  • ER staff
  • Registry nurses working in the above units
  • All other healthcare workers in the acute care hospital (nurses, doctors, janitors, housekeepers, maintenance, security, ward clerks, nurses, techs, respiratory therapists, lab techs, etc.)
  • Staff at Skilled Nursing Facilities, Assisted Living Facilities and similar settings for older or medically vulnerable individuals.
  • Skilled Nursing Facilities, Assisted Living Facilities and similar settings that have registered with the Federal Pharmacy Participation Program (which has contracted Walgreens and CVS to carry out on site vaccination) will have both staff and residents vaccinated together.
  • All other hospital support units (laboratory, radiology, etc.)
  • Remaining hospital ancillary staff not previously mentioned
  • Following vaccination of acute care hospital staff, proceed with the following:
  • Staff at psychiatric hospitals/residential and in-patient mental health facilities
  • Residents of Skilled Nursing Facilities, Assisted Living Facilities and similar settings for older or medically vulnerable individuals.
  • Jail infirmary staff
  • Staff and residents of special needs group living
  • Paramedics, EMTs (only those who are currently active and, in the field,)
  • Dialysis Centers
  • Vaccinators

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  • Continued, Phase 1, Tiers 1 - 3:

  • Staff at Intermediate Care Facilities for persons who need non-continuous nursing supervision and supportive care.
  • Residents of Intermediate Care Facilities for persons who need non-continuous nursing supervision and supportive care.
  • Intermediate Care Facilities that have registered with the Federal Pharmacy Participation Program (which has contracted Walgreens and CVS to carry out on site vaccination) will have both staff and residents vaccinated together.
  • Primary Care Clinics, including FQHCs, rural health centers and urgent care clinics in zip codes 93015, 93030, 93033, 93036, 93040 and 93060. 
  • Jail staff
  • Home health care and in-home supportive services/Hospice staff
  • Public Health high risk workers and field staff
  • Primary Care Clinics, including FQHCs, rural health centers, correctional facility clinics and urgent care clinics not in the above-mentioned zip codes
  • Private MD Office Staff
  • Surgical Centers
  • Dental and other oral health clinics
  • Jail medical staff
  • Behavioral health outpatient staff/psychologists and social workers/staff of outpatient substance use disorder and crisis stabilization units
  • Community health workers including promotors
  • Midwives (not vaccinated as in-hospital staff)
  • Medical Examiner Investigators
  • CDPH Licensing & Certification Surveyors
  • COVID Testing Site workers/COVID hotel site workers
  • Regional center staff
  • Other health settings and healthcare workers
  • Specialty clinics
  • Laboratory workers
  • Blood bank workers
  • Pharmacy staff not working in settings in higher tiers
  • Physical therapists
  • Ombudsmen for long term care facilities
  • Mortuary and cemetery workers
  • Persons aged ≥75 years
  • *Veterinarians are not included in Phase 1A. Message from the State: There are many workers within the California Essential Critical Infrastructure Sector of Health Care and Public Health who do not work in the riskier settings that qualify for Phase 1A. Examples include workers in veterinary clinics or health care manufacturing, whose work is essential but risk of occupational exposure is typically lower than worker eligible for Phase 1A. Workers in the Health Care and Public Health Sector are eligible in Phase 1B, Tier 2 if they do not otherwise qualify for an earlier phase or tier.


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