HomeMy WebLinkAboutRes 21-27 Approving the extention of paid sick leave in certain cirtumstancesWESTLAKE ACADEMY
RESOLUTION 21-27
A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES
APPROVING THE EXTENSION OF PAID SICK LEAVE IN CERTAIN
CIRCUMSTANCES, AND OTHER MATTERS INCIDENT AND RELATED THERETO.
WHEREAS, the President of the United States on March 13, 2020, issued a
proclamation declaring a "National Emergency Concerning the Novel Coronavirus Disease
("COVID-19") Outbreak" recognizing the threat of COVID-19to public health; and,
WHEREAS, the Governor of the State of Texas on March 13, 2020, certified that
COVID-19 posed an imminent threat of disaster, and in accordance with the authority vested in
the Governor by Section 418.014 of the Texas Government Code, the Governor declared a state
of disaster for all counties in Texas (the "Disaster Declaration'); and,
WHEREAS, as the State of Texas continues to grapple with the effects of CO V ID-1 9,
state and local health authorities and the Texas Education Agency have rolled out numerous
requirements and guidelines for the safe operation of schools duringthe 2021-2022 school year,
including steps to control the spread of COVID-19; and,
WHEREAS, to address the ongoing potential impact of COVID-19 the U.S. Congress
passed the Families First Coronavirus Response Act ("FFCRA") which provided employees
dealing with specific COVID-19-related issues with emergency paid sick leave ("EPSL") or
expanded family and medical leave ("EFML") for specific qualifying reasons; and,
WHEREAS, the EPSL parameters were ostensibly designed to ensure that employees
dealing with ramifications from potential COVID-19 exposure would not be compelled to retu rn
to work, potentially spreading the virus further within the school community; and,
WHEREAS, the FFCRA and the leave established therein, expired on December 31,
2020, and other legislation that provided an opportunity to extend certain provisions related to
EPSL expired on September 30, 2021; and,
WHEREAS, the Academy continues to believe that extending certain leave benefits
through the 2021-2022 school year will continue to serve the important public policy aims
outlined above, and would serve to protect the Academy against the unnecessary spread of
COVID-19;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
WESTLAKE ACADEMY:
SECTION 1: A public purpose in protecting the health and safety of its students, staff,
and the school community provides sufficient justification for providing five days of additional
paid leave to all eligible employees who meet the criteria identified herein during the 2021-2022
school year.
Resolution WA 21-27
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SECTION 2: Westlake Academy will offer employees up to an additional five days of
paid leave to be used during the 2021-2022 school year if an employee must be absent due to the
employee's own COVID-19 illness or to care for a family member who tests positive for
COVID-19, including an employee who previously utilized EPSL under the FFCRA.
SECTION 3: The Board of Trustees will continue to provide controls and oversight for
the Academy expenditures and the authority granted to the Superintendent herein and may
require the Superintendent to update the Board regardinguse of leave, and report to the Board
the costs related to the authorization of additional leave.
SECTION 4: This resolution does not extend or authorize any EFML provisions or
other EPSL provisions of the FFCRA; consequently, any and all such entitlements under the
FFCRA expire accordingto the provisions of the FFCRA or other applicable law.
SECTION 5: Should Congress act to reauthorize the FFCRA or authorize a law that
provides for federally mandated paid sick leave concerning COVID-19, the Academy will
comply with any directives of the law, and this Resolution will be null and void to the extent it
would provide for duplicative paid leave benefits.
SECTION 6: If any portion of this resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction,such invalidity shall not affect the remaining provisions
hereof and the Council hereby determines that it would have adopted this Resolution without the
invalid provision.
SECTION 7: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 151h DAY OF NOVEMBER 2021.
ATTEST:
&Y-
Todd Wood, Boar ecretary
APPRO jSyTFRM:
et S. Benton Lowry,
School Attorney
Laura Wheat, President
d/h
Amanda DeGan, Superintendent
Resolution WA 21-27
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