COVID19 Leave Options Jeremy Baiman OEA Labor Relations Consultant Disclaimers This presentation is for Columbus Education Association Members only This presentation is for informational purposes only and does not constitute legal or medical advice ID: 1042247
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1. COVID-19 Vaccine UpdateCEA President John Coneglio
2. COVID-19 Leave OptionsJeremy Baiman, OEA Labor Relations Consultant
3. DisclaimersThis presentation is for Columbus Education Association Members onlyThis presentation is for informational purposes only and does not constitute legal or medical adviceQuestions regarding individual situations should be directed to the CEA Office. If necessary, members will be provided an attorney at no cost through the NEA Legal Services programMuch of the information in this presentation is provided by the Ohio Education Association Education Policy Research and Member Advocacy (EPRMA) department and the Ohio Education Association Legal Services department, and has been compiled by the Columbus Education Association for CEA membersThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
4. OverviewAmericans with Disabilities Act (ADA)Family Medical Leave Act (FMLA)Families First Coronavirus Response Act (FFCRA) Extension LOUApplicable State LawsThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
5. Americans with Disabilities Act (ADA)Federal law prohibiting discrimination against people with disabilitiesProhibits discrimination in employment based on employee’s disability Requires employers to provide reasonable accommodations Prohibits retaliation against employees for asserting their ADA rightsThe ADA covers employers with 15 or more employees, including state and local governments.Enforced through complaints to the Equal Employment Opportunity Commission and Ohio Civil Rights Commission CEA available to assist members with crafting reasonable workplace accommodations for membersThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
6. ADA – Potential COVID-19 AccommodationsConnection between impairment and specific need for accommodation Impairment puts employee at higher risk of serious complications Accommodation is necessary to reduce that risk Look to CDC recommendations to reduce risk of exposure for specific groups and CDC school reopening guidance Specific accommodations that reduce riskPPE / Distancing / Other transmission reduction measuresTransfer to vacant position with less contact with other peopleTelework/Remote work Medical leave Medical condition that may inhibit employee from using PPE –latex allergy, breathing issues) or religious reasons for not wearing PPE This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
7. ADA – Higher Risk ConditionsPeople 65 years + (Age alone – without any health conditions that qualify as a “disability”– is not a basis for an accommodation)People of all ages with underlying medical conditions, particularly if not well controlled, including:People with chronic lung disease or moderate to severe asthmaPeople who have serious heart conditionsPeople who are immunocompromised, which can be caused by many conditions including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medicationsPeople with severe obesity (body mass index [BMI] of 40 or higher)People with diabetesPeople with chronic kidney disease undergoing dialysisPeople with liver diseaseThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
8. ADA – Mental Health ConditionsCEA bargaining unit members with certain mental health conditions may have more difficulty coping with the stress and disruption caused by the pandemicExamples: anxiety disorders, obsessive-compulsive disorder, post traumatic stress disorderMay be entitled to reasonable accommodations, just as with any other condition that qualifies as a disability This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
9. ADA – Living with High Risk IndividualsADA usually won’t apply ADA does not require accommodations based on an employee’s family member having a disability ADA does prohibit “associational discrimination” – Cannot treat employees who need an accommodation because of a family member’s disability less favorably than employees who need accommodations for other reasons Family and Medical Leave Act (FMLA)/ Other family leave May be entitled to FMLA leave or other leave to care for a disabled family member Families First Coronavirus Response Act (FFCRA) ExtensionMay be entitled to leave under the FFCRA Extension if caring for someone who is subject to a quarantine/isolation order This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
10. ADA – How to Request an AccommodationAccommodation can be requested upon hiring or at any point during employment when a need arises. CEA is available to assist members with making a request. No “magic words” are required. It doesn’t have to be in writing, but it’s a good idea to make a written record. Employers must consider the request and engage in an interactive process to try to find a suitable reasonable accommodation. Medical documentation: Employees do not have to include details about their medical condition when requesting an accommodation but must provide medical documentation if the employer asks for it. If an employer denies a requested accommodation, employee should ask why it was denied and try to address any problem, if possible.“Undue hardship” – get details; discuss alternativesInsufficient information about medical condition or requested accommodations Should begin the process of requesting an accommodation sooner rather than laterThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
11. Family Medical Leave Act (FMLA)Provides up to 12 weeks of leave for employee’s serious health condition or the serious health condition of a child, parent, or spouse. Birth, adoption or placement of a foster child. Not paid, but available paid leave can run concurrently. Must be returned to the same or equivalent position as they had before they left. Exception: their position was eliminated and would’ve have been eliminated regardless of them taking FMLA)Health insurance benefits continue at normal employee contribution rate (i.e., not COBRA)This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
12. Families First Coronavirus Response Act (FFCRA)- CEA Negotiated Extension LOUEmployees who cannot work (because of the below reasons) AND for whom teleworking is unavailable receive:2 weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay (maximum of $511 per day) when the employee is quarantined (pursuant to federal, state, or local government order or under the advice of a health care provider), is under an isolation order, or is experiencing COVID-19 symptoms and currently seeking a medical diagnosis. 2 weeks (up to 80 hours) paid sick leave at 2/3 the employee’s regular rate of pay, (maximum of $200 per day) if the employee is unable to work because of a need to care for an individual (who does not necessarily have to be a family member) subject to quarantine or isolation order, or to care for a child (defined as a person under 18 years of age or that is incapable of self-care due to a disability) whose school or child care provider is closed or unavailable for reasons related to COVID-19.Up to 12 weeks of expanded FMLA leave at 2/3 the employee’s regular rate of pay (maximum of $200 per day) for the final 10 weeks where an employee, employed for at least thirty (30) calendar days or who was laid off after March 1, 2020, and rehired prior to December 31, 2020, is unable to work due to a need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19. This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
13. FFCRA Extension LOU - ContinuedEmployers can require reasonable notice procedures for the leave to continue (example: checking in every week to make sure a childcare provider is still unable to come to the employee’s home). Still limited to the annual 12 weeks of FMLA leave, so if the employee has already taken several weeks of FMLA leave, that will be counted against the FFCRA expanded FMLA leave. FFCRA leave is in addition to “normal” leaves available to an employee has under the Master AgreementIf an employee falls into one of the “2/3 pay buckets,” they can supplement their available “normal” PTO to get to their full pay. This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
14. FMLA/FFCRA Extension – How To ApplyForms and FAQ available on the CCS website under the “Human Resources Administration” TabCEA is available to assist members with applicationThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
15. Applicable State LawPublic Employee Risk Reduction Program (PERRP) - O.R.C. Chapter 4167 Administered by Bureau of Workers’ Compensation 4167.04 Employer’s Duty to provide safe place of employment4167.06 Employee’s right to refuse to work under unsafe conditionsHigh Standard – Employee can be subject to disciplinary action for failing to correctly follow processDocument Problems, Inform Employer, Notify BWCBWC will investigate “as soon as practical” and will issue orders and citationsIf refusal to work is found not “reasonable” by the Administrator of BWC, the employee is subject to discipline, including discharge, for refusal to work. Workers’ Compensation – O.R.C. 4123Most likely to be applicable if employee contracts COVID-19 at work Unpaid Medical Leave up to 2 years – 3319.13This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
16. Health and Safety: Checklist and EnforcementCindy Love, CEA Staff Consultant
17. Reporting a ViolationStepWhoActionDeadlineNotesOneBargaining unitmember and/orCEA FacultyRepresentativeFile health andsafety complaintin writing withimmediatesupervisor orprincipalWithin two (2)workdays oftheoccurrenceand/orviolationcc: CEA at CEAHealthSafety@ceaohio.orgPrincipal orimmediatesupervisorResponds inwritingWithin three (3)workdays ofcomplaintfilingIf complainant(s) are satisfied with response,process ends. If not satisfied or no responsereceived, move to step two.This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
18. Sample Email To Supervisor Dear ________(Principal/Supervisor), It has come to my attention on ____(Date) the following CEA COVID-19 Worksite Health and Safety violations occurred: (See Health and Safety Checklist) ________________Per the MOU, I am making written notification of these violations. It is my understanding; I should receive a response in three days. Thank you,This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
19. Appeal ProcessStepWhoActionDeadlineTwoBargaining unitmember and/orCEA FacultyRepresentativeAppeal health and safety complaint in writingWithin three workdays of the immediatesupervisor/prin-cipal’sresponse or due date to respondcc: CEA at:CEAHealthSafety@ceaohio.org.CCS worksites appeal to the Director of Building and Grounds Non-CCS- worksites appeal to the Director of HR Administration Responds inwritingWithin threeworkdays ofappeal filingIf corrective action is identified in the response, then the response must include a planned date of project completion. If complainant(s) are satisfied with response, process ends. If not satisfied or no response received, move to step three.This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
20. Filing a Complaint with Public Employees Risk Reduction Program (PERRP)StepWhoActionDeadlineThreeBargaining unitmember and/orCEA FacultyRepresentativeFile complaint with Ohio Bureau of WorkersCompensation PublicEmployees Risk ReductionProgram (PERRP) using form SH-6N/APERRP form SH-6 can be found at:https://www.bwc.ohio.gov/downloads/blankpdf/SH-6.pdfThis fillable pdf can besubmitted via email to perrpcomplaint@bwc.state.oh.usWhen filing, cc: CEA at:CEAHealthSafety@ceaohio.orgThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
21. What Happens Once a Complaint is Filed with PERRP?PERRP will notify the employer in writing of the complaint (not including the name of the complainant).The employer must investigate, correct and respond to the allegations within 30 days. If the employer does not respond, or if PERRP determines the response is inadequate, an inspection of the workplace will result. Two outcomes can result from a complaint inspection. 1. PERRP determines there are no reasonable grounds to believe that a violation or danger exists. If this occurs, the complainant will be notified of the outcome. 2. PERRP identifies violations and issues citations to the employer that require corrective action. If the employer fails to correct identified hazards within the allotted time, they may face fines.This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
22. Teacher Workday: What does it look like?Tai Hayden, CEA Staff ConsultantTeri Mullins, CEA Staff Consultant
23. Grades 6 through 12 (except teachers of students with identified complex needs)Nothing changes for you. You will continue operating under the remote model.
24. CTE (Ft Hayes and Downtown HS)You will return to your building location Monday January 25, teaching under the remote model.On Monday February 1, you will transition back to the hybrid model you followed in November. This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
25. Pre-K - 5 and Teachers of students with identified complex needsYou will return to your building location Monday January 25, teaching under the remote model.Monday February 1: Pre-K -3rd and students identified with complex needs will transition to the hybrid model. Monday February 8: 4th-5th grade will transition to the hybrid model.
26. What should you expect? (Elementary Staff)In person daysplanning/preparation time averaging approximately thirty (30) mins per day.30 mins of uninterrupted duty-free lunch10 to 15 mins mid morning/mid afternoon breakYour students will engage in specials on their click days, not during their “brick” days.Students may be split, but “there shall be no classroom reassignment…that would cause a classroom or workspace to exceed the available space based on CDC, ODH and/or CPH social distancing guidelines.”This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
27. What should you expect? (Elementary Staff)Remote only days (work from home)Hold 20 min morning meeting for all studentsOffer 60 mins of synchronous support based on teacher’s discretion of what is necessary (assignment support, small group, etc…)Minimum of 280 planning/preparation mins that is unassigned time (Up to 60 mins may be used, when no other option available, for required meetings such as MTSS, IEPs, MFEs, TBTs, or staffThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
28. What should you expect? (MS/HS Staff)In person days (normal bell schedule)One period of uninterrupted lunchOne period of assigned dutyOne period of conference timeThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
29. What should you expect? (MS/HS Staff)Remote only days (work from home)A minimum of 240 unassigned planning minutesOffer 90 mins of synchronous support based on teacher’s discretion of what is necessary (assignment support, small group, etc…)Up to 90 minutes may be designated for MTSS, Special Education meetings, House Bill 410 related duties/meetings, TBTs, and/or administrator designated meetings. Asynchronous communication - email to students and parents, teacher planning, TBTs, MTSS meetings. This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
30. What should you expect? (Intervention Specialist, all grade levels)When serving students in Cohort E* shall provide the following:• Opportunity for the students attending remotely to participate in morning meeting virtually.• Synchronous learning experiences each day to students attending remotely so they may access specially designed curriculum for which the intervention specialist is responsible. The number and length of synchronous sessions will be dependent on the student’s IEP and the extent to which the student can participate.* Cohort E- students 100% remote, not Digital AcademyThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
31. What should you expect? (Intervention Specialist, all grade levels)Remote Only Days- One of the two IEP days provided by Section 305.04 shall be scheduled on Remote Only Days.- Participate in TBT; Collaborate with general education teachers and grade level teams; Plan; Write Progress Notes and IEPs; Conduct IEP meetings; Grading; Communicate with caregivers; Facilitate remote synchronous student support consistent with Content Area TeachersThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
32. Use Your ABC To Enforce The MOUPhil Hayes, CEA Vice President
33. Enforcement of the MOU: Before The ABC MeetingSolicit concerns from the CEA bargaining unit members in your building prior to the meeting.Make sure your meeting is scheduled for when ALL staff can attend.Before you distribute the agenda to the staff, you must consult with the principal prior to the distribution of the agenda.Consult means SEEK the advice of, not TAKE the advice of.Your principal cannot remove any items from the agenda.This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
34. Enforcement of the MOU: The ABC AgendaDistribute the agenda prior to the meeting after consultation with the principal.Specify the MOU provision or location of the contract violation for EACH concern.The ABC should discuss and the principal should also provide a response.This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
35. Enforcement of the MOU: The ABC MinutesNote which ABC members are present or absent including the presence of any guests, such as the principal.For each concern, it is helpful if the minutes contain:A summary of the ABC discussionThe principal’s responseThe minutes should be distributed no later than five days after the meeting.Your principal does not “approve” the minutes.This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
36. Enforcement of the MOU: The ABC MinutesThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
37. Enforcement of the MOU: The ABC MinutesThe minutes should be distributed no later than five days after the meeting.Your principal does not “approve” the minutes.A very helpful template for the minutes can be downloaded at http://www.ceaohio.org/wp-content/uploads/2017/10/ABC-Minute-Template.docxThis document is the property of the Columbus Education Association and is intended for bargaining unit member use.
38. Enforcement of the MOU: Next StepsEmail a copy of the minutes to CEA Vice President Phil Hayes and your District Governor. If the contractual/violation concern is not resolved because of the ABC meeting, we will grieve!This document is the property of the Columbus Education Association and is intended for bargaining unit member use.
39. So What’s Next?
40. So What’s Next?Hold a 10 minute meeting with your members the week of Jan. 25.Hold an emergency meeting of the ABC the week of Jan. 25.Enforce the MOU!This document is the property of the Columbus Education Association and is intended for bargaining unit member use.