ORD NO 11-2020 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. I ! -2020
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE TO ADDRESS LEAVE POLICIES IN TIMES OF
A PUBLIC-HEALTH EMERGENCY AS DECLARED BY THE
GOVERNOR OF THE STATE OF ARKANSAS IN ACCORDANCE
WITH AND SUPPLEMENTAL TO THE FAMILIES FIRST
CORONAVIRUS RESPONSE ACT (FFCRA); DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, Governor Asa Hutchinson has declared a public-health emergency due to the
COVID-19 virus entering Arkansas; and
WHEREAS, Congress has enacted the Families First Coronavirus Response Act (FFCRA)
providing emergency sick leave paid by the City for eighty hours (ten days) and
expanding family leave for certain identified employees; and
WHEREAS, quarantine is one of the recommended management tools by the CDC to prevent
the spread of COVID-19; and
WHEREAS, the quarantine period recommended by the CDC is fourteen days from the date of
exposure; and
WHEREAS, it is in the best interest of the City, its employees, and the public, that certain
employees be able to remain in quarantine for the full fourteen-day period; and
WHEREAS, the City is attempting to ensure employees are able to remain in quarantine for the
full fourteen-day period if exposed or exhibiting symptoms, or are able to remain
in quarantine after having a confirmed case of COVID-19,without suffering undue
hardship which may be created by limited availability of leave, and
WHEREAS, the City desires to enlarge paid leave and extend leave to employees not identified
under the Families First Coronavirus Response Act(FFCRA); and
WHEREAS, the City further desires to comply with the paid leave provisions for employees with
children whose schools have closed or do not have childcare available to them
under the Families First Coronavirus Response Act (FFCRA) and set their rate of
pay during such paid leave; and
WHEREAS, a state of emergency exists because of the need to protect City employees and the
public and it is necessary that this Ordinance be immediately be effective in order
to provide for the health, safety, and welfare of the citizens of Van Buren.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS,THAT:
SECTION 1: During the state of public health emergency declared by the Governor due to
COVID-19 and as required by the Families First Coronavirus Response Act, the
following rules will be in place, and to the extent the City of Van Buren Employee
Policy Manual as adopted by Resolution No. 7-2-2001 and as revised by Resolution
No. 2-5-2003 and 7-3-2005 conflicts, the terms set forth in this Ordinance shall
supersede the Policy Manual during the period of the public health emergency and
as required by the Families First Coronavirus Response Act.
SECTION 2: A. The following employees shall be paid their regular pay for up to fourteen
days but no less than eighty hours:
(i) Employees subject to a Federal or State COVID-19 quarantine or isolation
order;
(ii) Employees who have been advised by a health care provider to self-quarantine
due to COVID-19 concerns;
(iii) Employees experiencing symptoms of COVID-19 and is seeking a medical
diagnosis;
(iv) Employees who are caring for an individual described in(i) or(ii) above;
(v) Employees who are caring for a child whose school or place of care is closed,
or the childcare provider of the child is unavailable due to COVID-19
precautions; or
(vi) Employees who are experiencing substantially similar conditions as specified
by the Secretary of Health.
B. This paid time shall not be taken out of any leave bank of the employee. For
physician-imposed quarantine,the employee must provide documentation from
the doctor's office.
C. The Mayor or Department Head may additionally identify an employee subject
to quarantine based upon self-reporting of identified risk factors as explained
by the CDC, fact specific information related to travel locations, or high-risk
transmission settings, personal contact with a presumptive case of COVID-19,
or if the employee has observable symptoms consistent with the guidelines
published by the Centers for Disease Control. Employees identified by the
Mayor or Department Head will receive up to fourteen days of paid time off
except that an employee who has voluntarily exposed him or herself to the virus
may be required to utilize sick leave rather than paid time off unless or until the
employee meets the factors set forth herein in Section 2(A)(i),(ii),(iii), (iv), (v)
or(vi).
SECTION 3: Employees who are diagnosed with COVID-19 or have COVID-19 symptoms but
are unable to be tested due to a shortage of testing supplies or because of mandates
limiting the use of testing shall not return to work for up to fourteen days from
initial diagnosis or onset of symptoms.A medical release shall be required from the
physician or physician's office who originally diagnosed the employee to return to
work.
SECTION 4: In accordance with Families First Coronavirus Response Act(FFCRA),Employees
who have worked for the City at least thirty (30) days who do not qualify for
sections 2 and 3 of this Ordinance, but who are unable to work or telework because
they need to care for a minor child because the child's school or place of care has
been closed or because the child care provider is unavailable due to a COVID-19
emergency may choose to stay home with their child for a period of up to twelve
weeks and will be paid 2/3 of the employee's regular rate of pay.
(i) An employee who chooses to stay home under this option may elect to use
any accrued paid time off, including sick leave, vacation leave, comp time,
and personal time off instead.
(ii) The first fourteen days of leave, the employee will be paid the employee's
regular salary in accordance with Section 2 above rather than under this
Section 4.
SECTION 5: Employees who choose to take time off during this declared public-health
emergency for any reason other than those listed above, are still subject to the
regular leave provisions as outlined in the City of Van Buren Personnel Policy
Manual.
SECTION 6: EMERGENCY CLAUSE. There is significant risk to public health and safety posed
by the spread of COVID-19. The Van Buren City Council has determined that this
Ordinance is necessary to help prevent the spread of the illness within the City
and to members of the general public who may visit City offices. Therefore, an
emergency is hereby declared to exist, and this Ordinance,being necessary for the
preservation of public health, safety and welfare, shall be effective from and after
its date of passage.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of ID for and 0 against, the foregoing Ordinance t its
regular meeting held on the 23rd of March 2020.
/4.
Joseph P st
Mayor
ATTESTED: • PPI?2 I A TO FORM:
19/
P yl_is Thomas Candice A. Settle
City Clerk/Treasurer City Attorney