Subject: Temporary Employee Leave and School Closure Policy Effective Dates: August 24, 2020 – June 30, 2021 Last Revised: 03/22/2021

To All City Employees:

The City of Durham is taking proactive steps to support working parents who are managing school and day care closures and virtual learning situations. It is the City’s goal to operate effectively and ensure that all essential services are continuously provided, while remaining flexible to employee needs.

Eligibility This policy applies to all full-time, temporary with benefits, and part-time employees. This policy does not apply to furloughed employees.

Definitions Child – Includes biological, foster, legal ward, step-child, certified domestic partner’s child under the age of 18. Any employee who states they are in loco parentis, must provide an affidavit to that effect.

Childcare provider – Someone who cares for your child. This includes individuals paid to provide child care, like nannies, au pairs, and babysitters. It also includes individuals who provide child care at no cost and without a license on a regular basis, for example, grandparents, aunts, uncles, or neighbors.

In Loco Parentis – A person that stands in the place of a parent.

School Closing – When the physical location where your child received instruction or care is closed due to COVID 19. For the purposes of this policy a school is considered closed even if some or all instruction is being provided online or whether through another format such as “distance learning,” your child is still expected or required to complete assignments.

I. Policy A. School / Daycare Closings

If an employee is unable to arrange child care services while their child’s school/daycare is closed for COVID-related reasons, the following applies:

1. For the safety of all children and employees, children should not be brought to work. Any employee who can work from home during this period is encouraged to do so. Departments are encouraged to develop and assign suitable tasks to keep employees productive. Any overtime worked by a non-exempt employee must be pre-approved by the employee's supervisor.

2. Department Directors are encouraged to assess telecommuting options, where appropriate. Given the current state of available technology and limited remote access to critical systems, it may not be possible to immediately implement telecommuting arrangements.

3. Where telecommuting is appropriate and possible during this state of emergency, telecommuting policy will be relaxed to allow approval of telecommuting arrangements at the departmental level. A formal telecommuting agreement may not be necessary and timelines for telecommuting may be relaxed to allow for continuity of operations.

4. It will be the Department Director’s responsibility to ensure that telecommuting arrangements are not abused. If an employee’s work does not allow for the practical use of telecommuting to complete meaningful work, telecommuting must not be approved.

5. Employees who cannot work from home may qualify for temporary shared leave donations for school closures. Supervisors and Department Directors may deny the use of shared leave donations for school closings to avoid diminishing critical services.

6. Departments Directors have been encouraged to consider flexible scheduling and schedule adjustments whenever possible to accommodate employees who may be managing issues related to school/day care closings and virtual education.

7. Employees will be required to use accrued leave in accordance with leave policies in effect at the time.

8. Employees who have exhausted all accrued leave may be eligible for a leave transfer in accordance with the Temporary Shared Leave for School Closures policy.

B. Related Policies

1. All employees hired before May 1, 2020 have been given COVID Leave equivalent to 5 weeks of regular work based on their work schedules. The hourly conversion for employees is as follows:

a. 37.5 hour employees = 187.50 hours b. 40.0 hour employees = 200.00 hours c. Sworn Police = 240.00 hours d. Sworn Fire = 360.00 hours e. Part time = based on their average work schedule

2. COVID Leave is not retroactive and only applied from March 30, 2020 forward. COVID Leave awarded will not expire, but it is not compensable upon separation. Employees who are not able to telecommute during this state of emergency may use COVID Leave to continue their pay while they are not working.

3. The Sick Leave Policy will be relaxed to allow employees to use sick leave to manage COVID- related issues including illness, school and daycare closings, and virtual learning. Please contact HR Connect to confirm whether liberal leave applies to your situation.

4. Employees who have pending transferred sick leave will be awarded those transfers immediately until 06/30/2021.

5. New hires eligible for management leave will have management leave granted according to the provisions of the Management Leave policy.

6. Employees who have exhausted all forms of leave, including COVID leave, may qualify for shared leave in accordance with the Temporary Shared Leave for School Closures policy. No sick leave will be advanced.

7. Telecommuting policies will be relaxed during this timeframe to allow Department Directors or Assistant Directors to make decisions about telework.