Language you used if you included First Responders but made a disclaimer
If I missed this in the emails that went out earlier, I'm sorry. I am looking for the language you may have inserted into your policy if you decided to include First Responders with a disclaimer, i.e. as the situation evolves with staffing management may have to revoke and call them back to work. (this would be for any first responder that used Reasons 4 and 5 Emergency Sick or Emergency FMLA)
[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.
Please copy me on any response - we're considering the same thing.
On Thu, Apr 2, 2020, 10:30 AM Burton, Laura burton_laura@cityofgastonia.com
wrote:
If I missed this in the emails that went out earlier, I’m sorry. I am
looking for the language you may have inserted into your policy if you
decided to include First Responders with a disclaimer, i.e. as the
situation evolves with staffing management may have to revoke and call them
back to work. (this would be for any first responder that used Reasons 4
and 5 Emergency Sick or Emergency FMLA)
[image: 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.
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This is what I have come up with as a footnote to our eligibility section for each type of leave, I just want to make sure I am not missing anything.
The inclusion of all employees for Emergency Paid Sick Leave is subject to the operational needs of the City of Gastonia. If fire, sworn law enforcement or public works employees use this leave for reasons 4 or 5 this leave may be revoked at any time by the City Manager or your Department Head. Congress permits employers to exclude healthcare providers and first responders from Emergency Paid Sick Leave. The definition of first responders is broad and includes fire, law enforcement and public works personnel.
The inclusion of all employees for Emergency FMLA is subject to the operational needs of the City of Gastonia. This leave may be revoked for fire, sworn law enforcement and public works’ employees at any time by the City Manager or your Department Head. Congress permits employers to exclude healthcare providers and first responders from Emergency FMLA. The definition of first responders is broad and includes fire, law enforcement and public works personnel.
From: Rachel Morris [mailto:rmorris@arvada.org]
Sent: Thursday, April 02, 2020 12:34 PM
To: Burton, Laura burton_laura@cityofgastonia.com
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
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.
Please copy me on any response - we're considering the same thing.
On Thu, Apr 2, 2020, 10:30 AM Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com> wrote:
If I missed this in the emails that went out earlier, I’m sorry. I am looking for the language you may have inserted into your policy if you decided to include First Responders with a disclaimer, i.e. as the situation evolves with staffing management may have to revoke and call them back to work. (this would be for any first responder that used Reasons 4 and 5 Emergency Sick or Emergency FMLA)
[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.
Disasterrelief mailing list
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Also wondering how many that did a separate policy have collective bargaining agreement in place? Issues?
Kevin D. Pagan
City Attorney
City of McAllen, Texas
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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Rachel Morris
Sent: Thursday, April 2, 2020 11:34 AM
To: Burton, Laura burton_laura@cityofgastonia.com
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
Please copy me on any response - we're considering the same thing.
On Thu, Apr 2, 2020, 10:30 AM Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com> wrote:
If I missed this in the emails that went out earlier, I’m sorry. I am looking for the language you may have inserted into your policy if you decided to include First Responders with a disclaimer, i.e. as the situation evolves with staffing management may have to revoke and call them back to work. (this would be for any first responder that used Reasons 4 and 5 Emergency Sick or Emergency FMLA)
[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.
Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
[https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png] https://www.mcallen.net/census2020/
Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.
Take a look at your CBA – many of them have a provision that suspends the CBA during declared emergencies.
Matthew J. Jones
City Attorney | City of Port Orange
1000 City Center Circle | Port Orange, FL 32129
Tel: (386)506-5537 | MJones@port-orange.orgmailto:MJones@port-orange.org
Board Certified - City, County & Local Government Law
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Kevin D. Pagan
Sent: Thursday, April 2, 2020 2:37 PM
To: Rachel Morris rmorris@arvada.org; Burton, Laura burton_laura@cityofgastonia.com
Cc: disasterrelief@lists.imla.org
Subject: [EXT] Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
Also wondering how many that did a separate policy have collective bargaining agreement in place? Issues?
Kevin D. Pagan
City Attorney
City of McAllen, Texas
NOTICE: This electronic mail transmission may contain confidential information (including information protected by the attorney / client privilege) and is intended only for the person(s) named. Any use, copying or disclosure by any other person is strictly prohibited. If you have received this transmission in error, please notify the sender via e-mail.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Rachel Morris
Sent: Thursday, April 2, 2020 11:34 AM
To: Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
Please copy me on any response - we're considering the same thing.
On Thu, Apr 2, 2020, 10:30 AM Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com> wrote:
If I missed this in the emails that went out earlier, I’m sorry. I am looking for the language you may have inserted into your policy if you decided to include First Responders with a disclaimer, i.e. as the situation evolves with staffing management may have to revoke and call them back to work. (this would be for any first responder that used Reasons 4 and 5 Emergency Sick or Emergency FMLA)
[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.
Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
[https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png]https://www.mcallen.net/census2020/
Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.
Also look at the business emergency/necessity rule. It comes from the NLRB and at least in our state, has been adopted under our public sector CBA law. It provides for implementation without prior bargaining, although you still need to bargain the matter as simultaneously as possible.
I’m happy to share a treatise that’s both older and specific to Oregon, but cites to some NLRB caselaw and provides a good overview of the law. Feel free to contact me directly if interested at Heidi.brown@portlandoregon.gov.
Thanks -
Heidi
Sent from my iPhone
On Apr 3, 2020, at 7:04 AM, Jones, Matthew mjones@port-orange.org wrote:
Take a look at your CBA – many of them have a provision that suspends the CBA during declared emergencies.
Matthew J. Jones
City Attorney | City of Port Orange
1000 City Center Circle | Port Orange, FL 32129
Tel: (386)506-5537 | MJones@port-orange.orgmailto:MJones@port-orange.org
Board Certified - City, County & Local Government Law
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Kevin D. Pagan
Sent: Thursday, April 2, 2020 2:37 PM
To: Rachel Morris rmorris@arvada.org; Burton, Laura burton_laura@cityofgastonia.com
Cc: disasterrelief@lists.imla.org
Subject: [EXT] Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
Also wondering how many that did a separate policy have collective bargaining agreement in place? Issues?
Kevin D. Pagan
City Attorney
City of McAllen, Texas
NOTICE: This electronic mail transmission may contain confidential information (including information protected by the attorney / client privilege) and is intended only for the person(s) named. Any use, copying or disclosure by any other person is strictly prohibited. If you have received this transmission in error, please notify the sender via e-mail.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Rachel Morris
Sent: Thursday, April 2, 2020 11:34 AM
To: Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
Please copy me on any response - we're considering the same thing.
On Thu, Apr 2, 2020, 10:30 AM Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com> wrote:
If I missed this in the emails that went out earlier, I’m sorry. I am looking for the language you may have inserted into your policy if you decided to include First Responders with a disclaimer, i.e. as the situation evolves with staffing management may have to revoke and call them back to work. (this would be for any first responder that used Reasons 4 and 5 Emergency Sick or Emergency FMLA)
[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.
Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
[https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png]https://www.mcallen.net/census2020/
Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.
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Attached is the manner we addressed it. There are fairly significant leave policies already for the City.
Neil
Neil A. Grover
City Solicitor
City of Harrisburg Law Bureau
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Kevin D. Pagan
Sent: Thursday, April 2, 2020 2:37 PM
To: Rachel Morris rmorris@arvada.org; Burton, Laura burton_laura@cityofgastonia.com
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
CAUTION: This email originated from outside of the organization! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe!
Also wondering how many that did a separate policy have collective bargaining agreement in place? Issues?
Kevin D. Pagan
City Attorney
City of McAllen, Texas
NOTICE: This electronic mail transmission may contain confidential information (including information protected by the attorney / client privilege) and is intended only for the person(s) named. Any use, copying or disclosure by any other person is strictly prohibited. If you have received this transmission in error, please notify the sender via e-mail.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Rachel Morris
Sent: Thursday, April 2, 2020 11:34 AM
To: Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Language you used if you included First Responders but made a disclaimer
Please copy me on any response - we're considering the same thing.
On Thu, Apr 2, 2020, 10:30 AM Burton, Laura <burton_laura@cityofgastonia.commailto:burton_laura@cityofgastonia.com> wrote:
If I missed this in the emails that went out earlier, I’m sorry. I am looking for the language you may have inserted into your policy if you decided to include First Responders with a disclaimer, i.e. as the situation evolves with staffing management may have to revoke and call them back to work. (this would be for any first responder that used Reasons 4 and 5 Emergency Sick or Emergency FMLA)
[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.
Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org
[https://www.mcallen.net/images/default-source/default-album/2020-census-logo.png]https://www.mcallen.net/census2020/
Disclaimer: If you are not the intended recipient or have received this e-mail in error, please notify me via return e-mail and telephone at 956-681-3111, and permanently delete and purge the original and any copy thereof. This e-mail, with attachments hereto, if any, is intended only for receipt and use by the addressee(s) named herein, and may contain legally privileged and/or confidential information. Regardless of address or routing, if you are not the intended recipient, then you are hereby notified that any use, copying, reproduction, dissemination, distribution, or transmission of this e-mail, and any attachments hereto, is strictly prohibited. Whereas all reasonable steps have been taken to ensure the accuracy and confidentiality of the information and data submitted herein, the City of McAllen and its employees are not liable if information or data is corrupted or does not reach its intended destination.