5.5 ERMUSR 04-13-2021UTILITIES COMMISSION MEETING
TO:FROM:
ERMU Commission Theresa Slominski –General Manager
MEETING DATE: AGENDA ITEM NUMBER:
April 13, 2021 5.5
SUBJECT:
COVID-19 Emergency Leaves
ACTION REQUESTED:
Approve the extension of emergency leaves ofthe Families First Coronavirus Response Act
through May31, 2021.
BACKGROUND:
Federal legislation was passed into law that provided mandated sick and family leave options
for employees with COVID-19 related needs. This legislation was called the Families First
Coronavirus Response Act of 2020 (FFCRA) and was effective April 1, 2020 through December
31,2020.
The Consolidated Appropriations Act, 2021, signed into law by President Trump on December
27, 2020, allowed businesses that offer such benefits to continue doing so through March 31,
2021, however, the law does not require these benefits to be offered. ERMU extended these
benefits through March 31, 2021 at our January commission meeting. (Some businesses
qualified for payroll tax credits to offset these costs, which was also extended. There was a
prohibition to governmental entities claiming these payroll tax credits, and that prohibition still
applied).
The American Rescue Plan Act signed into law by President Biden on March 11, 2021, allows
businesses that offer such benefits to extend them through September 30, 2021, however,
does not require these benefits to be offered. Unlike previous legislation, payroll tax credits for
employers providing this leave are now available to municipal utilities. Also, the emergency sick
leave provision within the FFCRA could be utilized for obtaining a COVID-19 vaccine or to
recover from illness related to a COVID-19 immunization.
DISCUSSION:
Elk River Municipal Utilities has been operating in “safe mode” for much of the pandemic, with
staff operating remotely where able as coordinated by their supervisors, and staggered starts
and lunches for those who are not able to work remotely. Our offices and facilities are still
closed to the public, except by appointment. This allows our employees to have meaningful
work, provide for their families, and still offer a safe environment for all concerned.
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We have had some staff who have needed to utilize the emergency sick leavewhen
quarantining, or the emergency family leave when needing to bewiththeir children who are
remote learning at home. If we were to extend the emergencyleaves through May31, 2021,
we wouldnot be adding available days for employees, only allowing them to utilizedays not
already used. For example, if they have already used 10 days of the emergency sick leave in
2020, they would not have any days available in 2021. If they used 4 days of emergency sick
leave in 2020, they would have 6 days left to use in 2021. The same utilization applies for the
emergency family leave. Additionally, we would be able to be reimbursed for the time used
from March 31, 2021 through May 31, 2021, having a positive financial impact to ERMU.
Those who are not able to work remotely are potentially most affected by these leaves going
away as they may still have to care for children quarantined from school that is in session
through June, or take time off to recover from side effects of a vaccination. We have some of
our staff vaccinated now and there are more clinics coming. Given the 28-day window before a
second shot can be administered for some of the vaccines, staff receiving a shot in April may
need time in May to recover from the second shot. As we are closer every day to having
Minnesota vaccinated and putting this pandemic behind us, I would like to support our staff
and extend these leaves.
It is my recommendation that the Commission approve extending the FFCRA emergency leaves
through May 31, 2021.
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