MEMORANDUM OF AGREEMENT Sick Leave, Voluntary Layoff, Premium Pay

MEMORANDUM OF AGREEMENT

This Memorandum of Agreement (the “Agreement”) is made effective as of March 13,

2020 by and between Independent School District No. 625 (the “District”), and AFSCME Local

844 (hereinafter Union).

WHEREAS, There is an extraordinary event of national emergency; and

WHEREAS, on or about March 13, 2020 Governor Walz declared a state of emergency for the

state of Minnesota due to the COVID – 19 pandemic; and

WHEREAS, there is an urgent need to address the concerns of employees who may be

negatively impacted by the pandemic event; and

WHEREAS, there is an increased need to ensure the health of all employees and provide services

to students and members of the Saint Paul School District Community; and

WHEREAS, tens of thousands of Minnesotans have lost their jobs as a result of emergency

orders closing many businesses due to the pandemic and;

WHEREAS, the Governor ordered school districts to provide meals to students and families

within the school district to ensure nutritional efficacy was maintained for at risk students and

families; and

WHEREAS, the Governor also required school districts to provide child care to families who are

deemed to be Tier I and Tier II essential; and

WHEREAS, in doing so has expanded how employees can safely provide the services of the

Saint Paul Public Schools, but not limited to expanded use of telework for employees; and

WHEREAS, employees who are healthy are encouraged to pursue any available telework or

flexible work options with their designated supervisors; and

WHEREAS; current telework or flexible work hours arrangements are not intended to be

impacted by the use of leave as outlined herein.

Now therefore be it resolved:

Advancement of Sick Leave

1. Saint Paul Public Schools will provide employees who are unable to work a portion of or

all their regularly scheduled hours due to the COVID – 19 pandemic, the ability to be

advanced a balance of up to a maximum of 80 hours in a negative sick leave balance.

This advancement of 80 hours will be pro-rated for part-time employees based on the

budgeted FTE within the PeopleSoft payroll system.

2. The ability to go to a negative sick leave balance of hours can be used for COVID – 19

health related issues including the closure of schools or lack of day care.

3. In no case shall the use of sick leave hours result in the payment of overtime. Overtime

hours that are the result of hours actually worked that is greater than 8 hours in a day as

specified within those collective bargaining agreements indicating overtime payment in

this manner shall continue.

4. Sick leave advanced as described above shall be repaid to the District per the following:

a. Advanced sick leave hours must be repaid from future sick leave accruals.

Employees shall reimburse the District at the rate of 50% of sick leave earned.*If

an employee leaves District employment before all hours are repaid, the dollar

value of the hours will be deducted from the employee’s final check. If there are

insufficient funds, the employee will be required to repay the District for those

hours.

b. Any advanced sick leave hours must be repaid to the District before any future

sick leave advancement requests will be considered.

c. Employees may not donate advanced sick leave hours to another employee.

d. Advanced sick leave is to be repaid with future sick leave accrual.

e. Compensatory time earned at the rate identified in the collective bargaining

agreement can be applied to pay back any advanced sick leave hours.

5. There is no intention to require active military employees to exhaust military leave

balances in any circumstances identified above.

6. To accomplish advancement of sick leave any prohibitions that may exist in the

collective bargaining agreement for regular or probationary employees shall be lifted.

7. The accrual of sick leave hours shall continue when using advancement of sick leave as

defined with the collective bargaining agreement.

8. There shall be no rollover from year to year of any advancement of sick leave.

9. There shall be no cash out value of any kind for the advancement of sick leave hours as

described herein.

10. Congress passed and the President signed HR 2501 Family First Coronavirus Response

Act which provides expanded FMLA leave and paid sick time for corona virus affected

employees. Benefits under this MOU will run concurrently with the benefits provided

under that Act.

*Employee earns 4 hours of sick leave and 2 hours are used to pay back the advanced

sick leave.

Premium Pay

1. The District will provide a $3.00/hour premium pay to those employees who are paid on

an hourly basis at Essential Kid Care sites who are engaged in the tasks of taking care of

children whose parents are considered Tier I and Tier II essential workers as ordered by

the Governor. This shall also include employees involved in the preparation and

distribution of meals.

2. Should there be circumstances whereby insufficient staff are available to meet staffing for

child care or meal packaging and distribution needs, the district and union shall meet to

determine alternative means to attain staffing requirements.

Voluntary Layoff

1. Employees may choose to request to go on voluntary layoff. The District will continue

to pay the

employer contribution toward health insurance. The employee will continue to pay the

employee contribution.

2. Employees who choose to request to go on voluntary layoff shall be placed on a

reinstatement register. Employees shall retain their district, union and classification

seniority dates.

3. Employees who choose to request to go on voluntary layoff shall be placed back to

their original work locations upon students returning to normal classroom attendance.

4. The District will not contest unemployment benefits for employees who choose to

request to go on voluntary layoff.

5. Employees may use sick leave, personal leave, compensatory time or vacation prior to

going on voluntary layoff as specified within the collective bargaining agreement.

Employees may go on voluntary layoff prior to use or exhaustion of paid leave.

Conclusion

1. Nothing in this memorandum of agreement herein modifies the employer’s rights in the

respective articles for sick leave, vacation, compensatory leave, personal leave or any

other article not expressly modified within this memorandum of agreement.

2. The District agrees to continue to follow the collective bargaining agreement language

for members of each respective bargaining unit.

3. Either party may request a meet and confer relative to the items listed herein.

4. No modifications of any provisions of this Agreement shall be valid unless in writing

signed by the parties.

5. Nothing herein shall be deemed precedent setting for either party.

6. This agreement shall be in place from the date of declared emergency on March 13,

2020 and shall remain in place until June 11, 2021.

7. The parties agree that this Agreement constitutes the entire agreement between the

parties on the matters contained herein.