Using EPSL question for essential worker who has negative test and no symptoms

BL
Burton, Laura
Wed, Nov 4, 2020 3:16 PM

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee's doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

[Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________
Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com | www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee's doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. [Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com | www.gastoniapd.org Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.
KM
Kay Macuil
Wed, Nov 4, 2020 3:18 PM

It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note.

Kay
Kay Marion Macuil
San Luis, Arizona, City Attorney

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Burton, Laura
Sent: Wednesday, November 4, 2020 8:16 AM
To: disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org; 'disasterrelief-request@lists.imla.org' disasterrelief-request@lists.imla.org
Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee's doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

[Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________
Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com | www.gastoniapd.orghttp://www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.

It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note. Kay Kay Marion Macuil San Luis, Arizona, City Attorney From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Burton, Laura Sent: Wednesday, November 4, 2020 8:16 AM To: disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org> Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee's doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. [Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com> | www.gastoniapd.org<http://www.gastoniapd.org> Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.
BL
Burton, Laura
Wed, Nov 4, 2020 3:26 PM

Any reference or citation for that?

On Nov 4, 2020, at 10:20 AM, Kay Macuil kmacuil@sanluisaz.gov wrote:



CAUTION:  This email originated from outside of the organization.  Do not click links or open attachments unless you recognize the sender and know the content is safe.
It is my understanding that the employer doesn’t ask for a different note, but for essential workers, the employer may disregard the note.

Kay
Kay Marion Macuil
San Luis, Arizona, City Attorney

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Burton, Laura
Sent: Wednesday, November 4, 2020 8:16 AM
To: disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org; 'disasterrelief-request@lists.imla.org' disasterrelief-request@lists.imla.org
Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee’s doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor’s office and they basically said (1) it is the provider’s preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

<image001.jpg>


Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com | www.gastoniapd.orghttp://www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.

Any reference or citation for that? On Nov 4, 2020, at 10:20 AM, Kay Macuil <kmacuil@sanluisaz.gov> wrote:  CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. It is my understanding that the employer doesn’t ask for a different note, but for essential workers, the employer may disregard the note. Kay Kay Marion Macuil San Luis, Arizona, City Attorney From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Burton, Laura Sent: Wednesday, November 4, 2020 8:16 AM To: disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org> Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee’s doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor’s office and they basically said (1) it is the provider’s preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. <image001.jpg> _____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com> | www.gastoniapd.org<http://www.gastoniapd.org> Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.
KW
Karen White
Wed, Nov 4, 2020 4:15 PM

LEO personnel are exempt from the mandatory paid leave under the FFCRA.

[cid:image002.jpg@01D6B293.767E8CB0]

Karen Day White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Suite 400
Baton Rouge, LA  70802
Telephone:  (225) 332-7670
Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Kay Macuil
Sent: Wednesday, November 4, 2020 9:18 AM
To: Burton, Laura burton_laura@cityofgastonia.com; disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org; 'disasterrelief-request@lists.imla.org' disasterrelief-request@lists.imla.org
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note.

Kay
Kay Marion Macuil
San Luis, Arizona, City Attorney

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Burton, Laura
Sent: Wednesday, November 4, 2020 8:16 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee's doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

[Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________
Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com | www.gastoniapd.orghttp://www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.

LEO personnel are exempt from the mandatory paid leave under the FFCRA. [cid:image002.jpg@01D6B293.767E8CB0] Karen Day White Executive Counsel Louisiana Municipal Association 700 N. 10th Street, Suite 400 Baton Rouge, LA 70802 Telephone: (225) 332-7670 Facsimile: (225) 490-8903 DISCLAIMER: This material is being provided as technical assistance only. The information contained in this e-mail shall not be considered in any way as a legal opinion. LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities. Should you need a legal opinion on this issue, please contact your municipal attorney. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Kay Macuil Sent: Wednesday, November 4, 2020 9:18 AM To: Burton, Laura <burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note. Kay Kay Marion Macuil San Luis, Arizona, City Attorney From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Burton, Laura Sent: Wednesday, November 4, 2020 8:16 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee's doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. [Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com> | www.gastoniapd.org<http://www.gastoniapd.org> Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.
JE
Jaramillo-Velez, Elsa
Wed, Nov 4, 2020 4:18 PM

Correct - if the local municipality exempted the first responder.

Sincerely,
Elsa I. Jaramillo-Velez
Elsa I. Jaramillo-Velez
Assistant City Attorney
City of Hialeah Law Department
501 Palm Avenue, 4th Floor
Hialeah, Florida 33010
Main Line  - 305-883-5930
Direct Line - 305-520-4639
EJV13196@hialeahfl.govmailto:EJV13196@hialeahfl.gov
[City of Hialeah, Florida]http://www.hialeahfl.gov/
Public Records:  This e-mail is from the City of Hialeah - City Attorney's Office and is intended solely for the use of the individual(s) to whom it is addressed.  If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else.  The State of Florida has a broad public records law.  Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request.
Confidentiality:  The information contained in this transmission may be  privileged and confidential, intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.  If you have received this message in error, please notify me immediately and delete this message.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Karen White
Sent: Wednesday, November 4, 2020 11:16 AM
To: Kay Macuil kmacuil@sanluisaz.gov; Burton, Laura burton_laura@cityofgastonia.com; disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org; 'disasterrelief-request@lists.imla.org' disasterrelief-request@lists.imla.org
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe.

LEO personnel are exempt from the mandatory paid leave under the FFCRA.

[cid:image002.jpg@01D6B29C.403AB580]

Karen Day White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Suite 400
Baton Rouge, LA  70802
Telephone:  (225) 332-7670
Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Kay Macuil
Sent: Wednesday, November 4, 2020 9:18 AM
To: Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note.

Kay
Kay Marion Macuil
San Luis, Arizona, City Attorney

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Burton, Laura
Sent: Wednesday, November 4, 2020 8:16 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee's doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

[Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________
Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com | www.gastoniapd.orghttp://www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.



Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Correct - if the local municipality exempted the first responder. Sincerely, Elsa I. Jaramillo-Velez Elsa I. Jaramillo-Velez Assistant City Attorney City of Hialeah Law Department 501 Palm Avenue, 4th Floor Hialeah, Florida 33010 Main Line - 305-883-5930 Direct Line - 305-520-4639 EJV13196@hialeahfl.gov<mailto:EJV13196@hialeahfl.gov> [City of Hialeah, Florida]<http://www.hialeahfl.gov/> Public Records: This e-mail is from the City of Hialeah - City Attorney's Office and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. The State of Florida has a broad public records law. Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request. Confidentiality: The information contained in this transmission may be privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately and delete this message. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White Sent: Wednesday, November 4, 2020 11:16 AM To: Kay Macuil <kmacuil@sanluisaz.gov>; Burton, Laura <burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe. ------------------------------------------------------------------------------------------------------------------------------------------------ LEO personnel are exempt from the mandatory paid leave under the FFCRA. [cid:image002.jpg@01D6B29C.403AB580] Karen Day White Executive Counsel Louisiana Municipal Association 700 N. 10th Street, Suite 400 Baton Rouge, LA 70802 Telephone: (225) 332-7670 Facsimile: (225) 490-8903 DISCLAIMER: This material is being provided as technical assistance only. The information contained in this e-mail shall not be considered in any way as a legal opinion. LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities. Should you need a legal opinion on this issue, please contact your municipal attorney. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Kay Macuil Sent: Wednesday, November 4, 2020 9:18 AM To: Burton, Laura <burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note. Kay Kay Marion Macuil San Luis, Arizona, City Attorney From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Burton, Laura Sent: Wednesday, November 4, 2020 8:16 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee's doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. [Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com> | www.gastoniapd.org<http://www.gastoniapd.org> Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email. ________________________________ ________________________________ Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
DR
Daniel R. White
Wed, Nov 4, 2020 4:34 PM

The FFCRA allows employers to exempt essential employees (i.e. emergency responders) from the mandatory paid leave provisions, but the law itself does not exempt them on its own. See 29 CFR 826.30 If the employer has not exempted the essential workers, then the mandatory paid leave provisions apply to them.

So if the employee has exempted the essential worker, then any leave for such employee would be governed by the policies put in place by the employer or any other federal or state law applicable to the situation.

[Yours Truly,]

Daniel White  | Chief Counsel of Management & Operations

Office of the City Attorney | Fax 816.969.1401
220 SE Green Street | Lee's Summit, MO 64063
816.969.1412 |cityofLS.nethttp://cityofls.net | Daniel.White@cityofls.netmailto:Daniel.White@cityofls.net

[https://cityofls.net/Portals/0/Images/email-logos/SignatureLogo.png]

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Karen White
Sent: Wednesday, November 4, 2020 10:16 AM
To: Kay Macuil kmacuil@sanluisaz.gov; Burton, Laura burton_laura@cityofgastonia.com; disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org; 'disasterrelief-request@lists.imla.org' disasterrelief-request@lists.imla.org
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

***  This email is from an external source, use caution before clicking on links or opening attachments.  ***
LEO personnel are exempt from the mandatory paid leave under the FFCRA.

[cid:image001.jpg@01D6B294.3DA92ED0]

Karen Day White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Suite 400
Baton Rouge, LA  70802
Telephone:  (225) 332-7670
Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Kay Macuil
Sent: Wednesday, November 4, 2020 9:18 AM
To: Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

It is my understanding that the employer doesn’t ask for a different note, but for essential workers, the employer may disregard the note.

Kay
Kay Marion Macuil
San Luis, Arizona, City Attorney

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Burton, Laura
Sent: Wednesday, November 4, 2020 8:16 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee’s doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor’s office and they basically said (1) it is the provider’s preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

[Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________
Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com | www.gastoniapd.orghttp://www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.


The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want future communications to be sent in a different manner, please let me know at once. The information contained in this electronic message may be attorney-client privilege, confidential and exempt from disclosure under applicable law and is intended only for use of the persons to whom this electronic message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, please immediately reply to the sender and delete the message from your system. Your cooperation is appreciated.


CONFIDENTIALITY NOTICE: “This electronic message transmission (including any accompanying attachments) from www.cityofls.net is intended solely for the person or entity for its intended recipient(s) and may contain information that is confidential, privileged, or otherwise protected from disclosure. The information contained is intended solely for the use of the individual(s), organization(s) or entity(ies) named above. If you have received this transmission but are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the contents of this message is strictly prohibited. If you have received this e-mail in error, please contact sender immediately by Reply e-mail and delete/destroy the original message and all copies.”

Although this e-mail and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists.

The FFCRA allows employers to exempt essential employees (i.e. emergency responders) from the mandatory paid leave provisions, but the law itself does not exempt them on its own. See 29 CFR 826.30 If the employer has not exempted the essential workers, then the mandatory paid leave provisions apply to them. So if the employee has exempted the essential worker, then any leave for such employee would be governed by the policies put in place by the employer or any other federal or state law applicable to the situation. [Yours Truly,] Daniel White | Chief Counsel of Management & Operations Office of the City Attorney | Fax 816.969.1401 220 SE Green Street | Lee's Summit, MO 64063 816.969.1412 |cityofLS.net<http://cityofls.net> | Daniel.White@cityofls.net<mailto:Daniel.White@cityofls.net> [https://cityofls.net/Portals/0/Images/email-logos/SignatureLogo.png] From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White Sent: Wednesday, November 4, 2020 10:16 AM To: Kay Macuil <kmacuil@sanluisaz.gov>; Burton, Laura <burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms *** This email is from an external source, use caution before clicking on links or opening attachments. *** LEO personnel are exempt from the mandatory paid leave under the FFCRA. [cid:image001.jpg@01D6B294.3DA92ED0] Karen Day White Executive Counsel Louisiana Municipal Association 700 N. 10th Street, Suite 400 Baton Rouge, LA 70802 Telephone: (225) 332-7670 Facsimile: (225) 490-8903 DISCLAIMER: This material is being provided as technical assistance only. The information contained in this e-mail shall not be considered in any way as a legal opinion. LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities. Should you need a legal opinion on this issue, please contact your municipal attorney. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Kay Macuil Sent: Wednesday, November 4, 2020 9:18 AM To: Burton, Laura <burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms It is my understanding that the employer doesn’t ask for a different note, but for essential workers, the employer may disregard the note. Kay Kay Marion Macuil San Luis, Arizona, City Attorney From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Burton, Laura Sent: Wednesday, November 4, 2020 8:16 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee’s doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor’s office and they basically said (1) it is the provider’s preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. [Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com> | www.gastoniapd.org<http://www.gastoniapd.org> Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email. ________________________________ The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want future communications to be sent in a different manner, please let me know at once. The information contained in this electronic message may be attorney-client privilege, confidential and exempt from disclosure under applicable law and is intended only for use of the persons to whom this electronic message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, please immediately reply to the sender and delete the message from your system. Your cooperation is appreciated. ________________________________ CONFIDENTIALITY NOTICE: “This electronic message transmission (including any accompanying attachments) from www.cityofls.net is intended solely for the person or entity for its intended recipient(s) and may contain information that is confidential, privileged, or otherwise protected from disclosure. The information contained is intended solely for the use of the individual(s), organization(s) or entity(ies) named above. If you have received this transmission but are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the contents of this message is strictly prohibited. If you have received this e-mail in error, please contact sender immediately by Reply e-mail and delete/destroy the original message and all copies.” Although this e-mail and any attachments are believed to be free of any virus or other defect that might negatively affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way in the event that such a virus or defect exists.
BL
Burton, Laura
Wed, Nov 4, 2020 4:36 PM

Yes, and we as a city chose not to exclude them wholeheartedly.

From: Jaramillo-Velez, Elsa [mailto:ejv13196@hialeahfl.gov]
Sent: Wednesday, November 04, 2020 11:19 AM
To: Karen White kwhite@lma.org; Kay Macuil kmacuil@sanluisaz.gov; Burton, Laura burton_laura@cityofgastonia.com; disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org; 'disasterrelief-request@lists.imla.org' disasterrelief-request@lists.imla.org
Subject: RE: Using EPSL question for essential worker who has negative test and no symptoms

CAUTION:  This email originated from outside of the organization.  Do not click links or open attachments unless you recognize the sender and know the content is safe.
Correct - if the local municipality exempted the first responder.

Sincerely,
Elsa I. Jaramillo-Velez
Elsa I. Jaramillo-Velez
Assistant City Attorney
City of Hialeah Law Department
501 Palm Avenue, 4th Floor
Hialeah, Florida 33010
Main Line  - 305-883-5930
Direct Line - 305-520-4639
EJV13196@hialeahfl.govmailto:EJV13196@hialeahfl.gov
[City of Hialeah, Florida]http://www.hialeahfl.gov/
Public Records:  This e-mail is from the City of Hialeah - City Attorney's Office and is intended solely for the use of the individual(s) to whom it is addressed.  If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else.  The State of Florida has a broad public records law.  Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request.
Confidentiality:  The information contained in this transmission may be  privileged and confidential, intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.  If you have received this message in error, please notify me immediately and delete this message.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Wednesday, November 4, 2020 11:16 AM
To: Kay Macuil <kmacuil@sanluisaz.govmailto:kmacuil@sanluisaz.gov>; Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe.

LEO personnel are exempt from the mandatory paid leave under the FFCRA.

[cid:image002.jpg@01D6B29E.CA7C9EF0]

Karen Day White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Suite 400
Baton Rouge, LA  70802
Telephone:  (225) 332-7670
Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Kay Macuil
Sent: Wednesday, November 4, 2020 9:18 AM
To: Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note.

Kay
Kay Marion Macuil
San Luis, Arizona, City Attorney

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Burton, Laura
Sent: Wednesday, November 4, 2020 8:16 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee's doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

[Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________
Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com | www.gastoniapd.orghttp://www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.



Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Yes, and we as a city chose not to exclude them wholeheartedly. From: Jaramillo-Velez, Elsa [mailto:ejv13196@hialeahfl.gov] Sent: Wednesday, November 04, 2020 11:19 AM To: Karen White <kwhite@lma.org>; Kay Macuil <kmacuil@sanluisaz.gov>; Burton, Laura <burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org> Subject: RE: Using EPSL question for essential worker who has negative test and no symptoms CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Correct - if the local municipality exempted the first responder. Sincerely, Elsa I. Jaramillo-Velez Elsa I. Jaramillo-Velez Assistant City Attorney City of Hialeah Law Department 501 Palm Avenue, 4th Floor Hialeah, Florida 33010 Main Line - 305-883-5930 Direct Line - 305-520-4639 EJV13196@hialeahfl.gov<mailto:EJV13196@hialeahfl.gov> [City of Hialeah, Florida]<http://www.hialeahfl.gov/> Public Records: This e-mail is from the City of Hialeah - City Attorney's Office and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. The State of Florida has a broad public records law. Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request. Confidentiality: The information contained in this transmission may be privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately and delete this message. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Karen White Sent: Wednesday, November 4, 2020 11:16 AM To: Kay Macuil <kmacuil@sanluisaz.gov<mailto:kmacuil@sanluisaz.gov>>; Burton, Laura <burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe. ------------------------------------------------------------------------------------------------------------------------------------------------ LEO personnel are exempt from the mandatory paid leave under the FFCRA. [cid:image002.jpg@01D6B29E.CA7C9EF0] Karen Day White Executive Counsel Louisiana Municipal Association 700 N. 10th Street, Suite 400 Baton Rouge, LA 70802 Telephone: (225) 332-7670 Facsimile: (225) 490-8903 DISCLAIMER: This material is being provided as technical assistance only. The information contained in this e-mail shall not be considered in any way as a legal opinion. LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities. Should you need a legal opinion on this issue, please contact your municipal attorney. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Kay Macuil Sent: Wednesday, November 4, 2020 9:18 AM To: Burton, Laura <burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms It is my understanding that the employer doesn't ask for a different note, but for essential workers, the employer may disregard the note. Kay Kay Marion Macuil San Luis, Arizona, City Attorney From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Burton, Laura Sent: Wednesday, November 4, 2020 8:16 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee's doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor's office and they basically said (1) it is the provider's preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. [Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com> | www.gastoniapd.org<http://www.gastoniapd.org> Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email. ________________________________ ________________________________ Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
KW
Karen White
Wed, Nov 4, 2020 4:41 PM

My apologies – I should have been clearer.  Laura – that was very nice of y’all.  😊

From: Burton, Laura burton_laura@cityofgastonia.com
Sent: Wednesday, November 4, 2020 10:37 AM
To: 'Jaramillo-Velez, Elsa' ejv13196@hialeahfl.gov; Karen White kwhite@lma.org; Kay Macuil kmacuil@sanluisaz.gov; disasterrelief@lists.imla.org Disaster Relief List disasterrelief@lists.imla.org; 'disasterrelief-request@lists.imla.org' disasterrelief-request@lists.imla.org
Subject: RE: Using EPSL question for essential worker who has negative test and no symptoms

Yes, and we as a city chose not to exclude them wholeheartedly.

From: Jaramillo-Velez, Elsa [mailto:ejv13196@hialeahfl.gov]
Sent: Wednesday, November 04, 2020 11:19 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Kay Macuil <kmacuil@sanluisaz.govmailto:kmacuil@sanluisaz.gov>; Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: RE: Using EPSL question for essential worker who has negative test and no symptoms

CAUTION:  This email originated from outside of the organization.  Do not click links or open attachments unless you recognize the sender and know the content is safe.
Correct – if the local municipality exempted the first responder.

Sincerely,
Elsa I. Jaramillo-Velez
Elsa I. Jaramillo-Velez
Assistant City Attorney
City of Hialeah Law Department
501 Palm Avenue, 4th Floor
Hialeah, Florida 33010
Main Line  - 305-883-5930
Direct Line - 305-520-4639
EJV13196@hialeahfl.govmailto:EJV13196@hialeahfl.gov
[City of Hialeah, Florida]http://www.hialeahfl.gov/
Public Records:  This e-mail is from the City of Hialeah – City Attorney’s Office and is intended solely for the use of the individual(s) to whom it is addressed.  If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else.  The State of Florida has a broad public records law.  Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request.
Confidentiality:  The information contained in this transmission may be  privileged and confidential, intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited.  If you have received this message in error, please notify me immediately and delete this message.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Wednesday, November 4, 2020 11:16 AM
To: Kay Macuil <kmacuil@sanluisaz.govmailto:kmacuil@sanluisaz.gov>; Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe.

LEO personnel are exempt from the mandatory paid leave under the FFCRA.

[cid:image002.jpg@01D6B297.1A866730]

Karen Day White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Suite 400
Baton Rouge, LA  70802
Telephone:  (225) 332-7670
Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Kay Macuil
Sent: Wednesday, November 4, 2020 9:18 AM
To: Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

It is my understanding that the employer doesn’t ask for a different note, but for essential workers, the employer may disregard the note.

Kay
Kay Marion Macuil
San Luis, Arizona, City Attorney

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Burton, Laura
Sent: Wednesday, November 4, 2020 8:16 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.orgmailto:disasterrelief-request@lists.imla.org>
Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms

We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms.  Employee’s doctor writes employee out for 14 days directing to quarantine.  This contradicts CDC guidelines (as I understand them) for essential workers.  We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor’s office and they basically said (1) it is the provider’s preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note.

Long story short we could really use employee at work.

[Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________
Laura S. Burton  | Police Attorney
City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748  | Gastonia, NC  28053
704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com | www.gastoniapd.orghttp://www.gastoniapd.org
Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email.



Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

My apologies – I should have been clearer. Laura – that was very nice of y’all. 😊 From: Burton, Laura <burton_laura@cityofgastonia.com> Sent: Wednesday, November 4, 2020 10:37 AM To: 'Jaramillo-Velez, Elsa' <ejv13196@hialeahfl.gov>; Karen White <kwhite@lma.org>; Kay Macuil <kmacuil@sanluisaz.gov>; disasterrelief@lists.imla.org Disaster Relief List <disasterrelief@lists.imla.org>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org> Subject: RE: Using EPSL question for essential worker who has negative test and no symptoms Yes, and we as a city chose not to exclude them wholeheartedly. From: Jaramillo-Velez, Elsa [mailto:ejv13196@hialeahfl.gov] Sent: Wednesday, November 04, 2020 11:19 AM To: Karen White <kwhite@lma.org<mailto:kwhite@lma.org>>; Kay Macuil <kmacuil@sanluisaz.gov<mailto:kmacuil@sanluisaz.gov>>; Burton, Laura <burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: RE: Using EPSL question for essential worker who has negative test and no symptoms CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Correct – if the local municipality exempted the first responder. Sincerely, Elsa I. Jaramillo-Velez Elsa I. Jaramillo-Velez Assistant City Attorney City of Hialeah Law Department 501 Palm Avenue, 4th Floor Hialeah, Florida 33010 Main Line - 305-883-5930 Direct Line - 305-520-4639 EJV13196@hialeahfl.gov<mailto:EJV13196@hialeahfl.gov> [City of Hialeah, Florida]<http://www.hialeahfl.gov/> Public Records: This e-mail is from the City of Hialeah – City Attorney’s Office and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. The State of Florida has a broad public records law. Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request. Confidentiality: The information contained in this transmission may be privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately and delete this message. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Karen White Sent: Wednesday, November 4, 2020 11:16 AM To: Kay Macuil <kmacuil@sanluisaz.gov<mailto:kmacuil@sanluisaz.gov>>; Burton, Laura <burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe. ------------------------------------------------------------------------------------------------------------------------------------------------ LEO personnel are exempt from the mandatory paid leave under the FFCRA. [cid:image002.jpg@01D6B297.1A866730] Karen Day White Executive Counsel Louisiana Municipal Association 700 N. 10th Street, Suite 400 Baton Rouge, LA 70802 Telephone: (225) 332-7670 Facsimile: (225) 490-8903 DISCLAIMER: This material is being provided as technical assistance only. The information contained in this e-mail shall not be considered in any way as a legal opinion. LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities. Should you need a legal opinion on this issue, please contact your municipal attorney. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Kay Macuil Sent: Wednesday, November 4, 2020 9:18 AM To: Burton, Laura <burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: Re: [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms It is my understanding that the employer doesn’t ask for a different note, but for essential workers, the employer may disregard the note. Kay Kay Marion Macuil San Luis, Arizona, City Attorney From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Burton, Laura Sent: Wednesday, November 4, 2020 8:16 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Disaster Relief List <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>>; 'disasterrelief-request@lists.imla.org' <disasterrelief-request@lists.imla.org<mailto:disasterrelief-request@lists.imla.org>> Subject: [EXTERNAL] [Disasterrelief] Using EPSL question for essential worker who has negative test and no symptoms We have an essential worker (law enforcement) who had an exposure, was sent for a test and test was negative. Employee had and still has no symptoms. Employee’s doctor writes employee out for 14 days directing to quarantine. This contradicts CDC guidelines (as I understand them) for essential workers. We have given the employee the Emergency Paid Sick Leave, but are wondering if we have any other options? We talked to the doctor’s office and they basically said (1) it is the provider’s preference to make its recommendations and (2) it would be up to the employee at this point to call them, explain they are essential personnel and get a different note. Long story short we could really use employee at work. [Description: cid:image001.jpg@01C9DE0F.9A59EC70]_____________________________________________________________________________________________________ Laura S. Burton | Police Attorney City of Gastonia Police Department | 200 East Long Avenue | P.O. Box 1748 | Gastonia, NC 28053 704-866-6962 ph | 704-866-6892 fax | burton_laura@cityofgastonia.com<mailto:burton_laura@cityofgastonia.com> | www.gastoniapd.org<http://www.gastoniapd.org> Confidential and Privileged Communication: This email is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is privileged or confidential or otherwise legally exempt from disclosure. If you are not the intended recipient, you are not authorized to read, print, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately at the contact information listed in this email. ________________________________ ________________________________ Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.