GUIDANCE ON VACCINE DISTRIBUTION (added 1-8-21)
As COVID infections continue to spread, many local officials are struggling to deal with municipal departments that have been negatively impacted by quarantines required as a result of employees being exposed to the virus. Fortunately, one method of addressing this problem is the recent availability of vaccines. Please see the guidance below related to vaccine distribution.
TEMPERATURE CHECK: EQUAL EMPLOYMENT PROTECTIONS DURING A PANDEMIC (added 5-13-20)
Municipal employers are anxiously awaiting the State’s green-light to re-open and jump start their municipal operations. Managers are rightfully concerned about workplace safety and how to strike a balance between protecting workers’ privacy rights while also ensuring a safe work environment for others. During the declared pandemic emergency employers are authorized to take certain actions to protect the public that may ordinarily not be necessary. As a result, employers have questions on how to thread the needle on these delicate issues. To assist employers, the U.S. Equal Employment Opportunity Commission (EEOC) has published a helpful FAQ guidance document addressing topics such as employee temperature checks, stay-at-home orders, fitness for duty certifications, COVID-19 medical testing and confidentiality requirements. Click HERE to view the U.S. EEOC FAQ guidance document. If you have specific questions about workplace safety and privacy, please contact John Mancini at This email address is being protected from spambots. You need JavaScript enabled to view it..
WORKFORCE REDUCTION OPTIONS (added 4-29-20)
CDC GUIDANCE ON CLOTH FACE COVERINGS (added 4-19-20)
REDUCING DENSITY IN THE WORKPLACE (added 3-16-20)
As you may know, Governor Cuomo issued Executive Order No. 202.4 yesterday directing all local governments, effective March 17, 2020, to allow all non-essential personnel, as determined by the local government, to work from home or take leave without charging accruals. The Executive Order goes on to say that such non-essential personnel should total no less than 50% of the total number of such local government’s employees (i.e., it should reduce your workforce by no less than 50%).
It is important to note that the Executive Order does not distinguish between essential and non-essential employees. However, the Governor’s office has advised that “any person whose job function is essential to the effective operation of their agency or authority, or who must be physically present to perform their job, or who is involved in the emergency response to COVID-19” should be considered as an “essential” employee for purposes of the Executive Order.
Several of our members have reached out expressing concern about reaching the 50% reduction in workforce threshold. NYCOM recommends that you do everything you can to comply with the Governor’s directive without jeopardizing the health and safety of your residents. Local officials must also consider the potential impacts their actions could have on collective bargaining agreements. NYCOM recommends that you engage with your unions now to plan for what new policies may be needed in order to protect the welfare and safety of all employees and residents.
Mandatory Paid Leave
Legislation has been enacted to provide at least fourteen days of paid sick leave for municipal officers and employees who are subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19. This would apply to all full and part-time employees. Such employees would be compensated at their regular rate of pay and would not have to use their accruals during this period.
Read the full memo from the Governor's Office
HIGHWAY DEPARTMENT AND COVID (added 3-24-20)
NEW YORK PAID FAMILY LEAVE COVID-19: FREQUENTLY ASKED QUESTIONS (updated daily)
FEDERAL FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) (added 4-1-20)
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