COVID-19
- C-19.1 Temporary Policies and Regulations Related to COVID-19 Pandemic
- C-19.2 Health & Safety Protocols Related to the COVID-19 Pandemic
- C-19.3 Families First Coronavirus Response Act Leave
- C-19.4 Mask / Face Coverings
C-19.1 Temporary Policies and Regulations Related to COVID-19 Pandemic
C-19.1 Temporary Policies and Regulations Related to COVID-19 Pandemic
The Madison Board of Education (the “Board”) recognizes that the COVID-19 pandemic (the “COVID-19 Pandemic”) has prompted changes in laws, rules, and guidance affecting Board policy and school district operation, and requiring the Board and the administration of the Madison Public Schools (the “Administration”) to implement certain changes consistent with such laws, rules, and guidance. The Board further recognizes that the circumstances surrounding the COVID-19 Pandemic are continually changing, and that the Board and the Administration must be prepared to adapt and evolve as appropriate and/or required. In all circumstances, the Board prioritizes safeguarding the health and safety of students and staff while continuing to educate students in accordance with state law.
In light of these circumstances, it is the policy of the Board to provide for temporary amendments to certain existing Board policies and administrative regulations, and to enact or authorize Board policies and administrative regulations on new topics, to the extent appropriate and/or required by applicable laws, rules, and guidance regarding the COVID-19 Pandemic (the “COVID-19 Policies and Regulations”). Such amendments and additions are guided by the need to (1) safeguard the health and safety of students and staff while continuing to educate students in accordance with state law; (2) adhere to all applicable laws, rules, and guidance; and (3) preserve flexibility for the Board and the Administration to account for further changes related to the COVID-19 Pandemic.
All COVID-19 Policies and Regulations shall be identified as such in the header of the Policy or Regulation with an indication that such policy or regulation is part of Series C19 (COVID-19 Policies and Regulations). COVID-19 Policies and Regulations that are amendments to existing policies or regulations shall have the identifier “C19” added after the applicable series number. In addition, all amendments to existing Board policies and administrative regulations shall be identified as such through the use of yellow highlighting and either bolded italicized text (for additions) or strikethrough text (for deletions). All Board policies and administrative regulations on new topics shall be identified as such in the title of the Policy or Regulation with the notation, “(NEW).” To the extent any conflict exists between a COVID-19 Policy and Regulation and an existing Board policy or administrative regulation, the COVID-19 Policy and Regulation shall control during any period in which the COVID-19 Policy and Regulation is in effect.
The COVID-19 Policies and Regulations shall remain in effect up to and including June 30, 2021, unless otherwise noted in the individual policy or unless the Board or the Administration (as appropriate) shortens or extends the term of any COVID-19 Policy and Regulation through appropriate Board or administrative action. Absent any further Board or administrative action (as appropriate), effective July 1, 2021, the COVID-19 Policies and Regulations shall be repealed automatically and the Board’s policies and administrative regulations in effect prior to the enactment of the COVID-19 Policies and Regulations shall be reinstated.
The Board and/or the Administration (as appropriate) shall provide for further amendments to existing Board policies and administrative regulations, further additions to Board policies and administrative regulations, and revisions to any previously adopted COVID-19 Policies and Regulations to the extent appropriate, required, and/or warranted. In addition, the Board and the Administration shall have the authority to follow all applicable laws, rules, and guidance to the extent any such laws, rules, and guidance are not incorporated into any existing Board policy and/or administrative regulation. To the extent any conflict exists between any such laws, rules, and/or guidance and an existing Board policy or administrative regulation, the law, rule, and/or guidance shall control during any period in which the Board and the Administration exercise their authority to follow such law, rule, and/or guidance.
Legal References:
Connecticut General Statutes § 10-221
Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together, Connecticut State Department of Education (June 29, 2020)
Date of Adoption: August 25, 2020
C-19.2 Health & Safety Protocols Related to the COVID-19 Pandemic
C-19.2 Health & Safety Protocols Related to the COVID-19 Pandemic
The Madison Board of Education (the “Board”) recognizes the importance of developing health and safety protocols to protect the health and safety of students, staff, and the community during the COVID-19 pandemic. The Board thus directs the administration of the Madison Public Schools (the “Administration”) to develop health and safety protocols consistent with applicable laws, rules, regulations and requirements, and to consider current guidance in the development of such protocols.
Compliance with such health and safety protocols shall be mandatory for all individuals while on school property or participating in a school-sponsored activity, unless a legally recognized exemption or exception applies. Failure to comply with such health and safety protocols may lead to disciplinary action for students and staff, and exclusion from school property or the school-sponsored activity for members of the community, in accordance with applicable laws, rules, regulations, and/or Board policies.
The Administration shall provide appropriate notice of such health and safety protocols. Notice may be provided by way of electronic mail, regular mail, website posting, student handbooks, employee handbooks, and/or any other appropriate methods.
Legal References:
Connecticut General Statutes § 10-221
Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together, Connecticut State Department of Education (June 29, 2020)
Date of Adoption: August 25, 2020
C-19.3 Families First Coronavirus Response Act Leave
C-19.3 Families First Coronavirus Response Act Leave
Statement of Policy
In light of the global pandemic, and pursuant to the recently passed Families First Coronavirus Response Act (“FFCRA”), the Madison Board of Education (the “Board”) is amending its policy on FMLA and adopting a sick leave policy as explained below. These amendments relate to the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), and are effective from April 1, 2020 through December 31, 2020, or until further notice from the Board.
EPSLA & EFMLEA LEAVES
Qualifying Reasons for EPSLA and EFMLEA Leaves
Under the FFCRA, an employee qualifies for leave under the EPSLA if the employee is unable to work (or unable to telework) because the employee:
- is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
- has been advised by a health care provider to self-quarantine related to COVID-19;
- is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
- is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);
- is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or
- is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.
Under the FFCRA, an employee qualifies for EFMLEA leave if the employee is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19. The first two (2) weeks of EFMLEA leave are unpaid, while the remaining ten (10) weeks are paid as set forth below.
Duration of EPSLA and EFMLEA Leaves
For Qualifying Reasons (1)-(4) and (6): A full-time employee (individual working forty (40) hours per week) is eligible for eighty (80) hours of EPSLA leave. A part-time employee is eligible for the number of hours of EPSLA leave that the employee works on average over a two (2) week period.
For Qualifying Reason (5): A full-time employee (individual working forty (40) hours per week) is eligible for an aggregate total of up to twelve (12) weeks of EFMLEA leave, so long as the childcare need exists for the duration of leave. A part-time employee is eligible for such leave for the number of hours that the employee is normally scheduled to work over that period. Employees may use their EPSLA leave concurrently with the first two (2) weeks of unpaid EFMLEA leave.
Calculation of Pay for of EPSLA and EFMLEA Leaves
For EPSLA Leave Reasons (1), (2), or (3): Employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate.
For EPSLA Leave Reasons (4) or (6): Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate.
For EPSLA leave reason (5) and EFMLEA leave: Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate. While the first two (2) weeks of EFMLEA leave is unpaid, an employee may use paid EPSLA leave to receive compensation during that period. If the employee opts not to use EPSLA leave for this purpose, the employee would be eligible to receive $200 per day and $10,000 in the aggregate for weeks 3 through 12 of EFMLEA leave.
Determination of Eligibility Under a Qualifying Reason
Determination of an employee’s eligibility for leave, including intermittent leave, will be made on a case-by-case basis and in accordance with the FFCRA, implementing regulations, and additional guidance provided by the United States Department of Labor.
EPSLA & EFMLEA Coordination with Other Leave
Sequence of Available Leaves
An employee may, but is not required to, use EPSLA leave during the first two (2) weeks of the unpaid portion of the EFMLEA leave period.
EPSLA Leave Adds to Existing Leave Benefits
EPSLA leave is in addition to other accrued leave provided pursuant to the relevant collective bargaining agreement or Board policy.
Effect of Use of Prior Federal FMLA Qualifying Leave on Eligibility for EFMLEA Leave
An employee’s eligibility for EFMLEA leave depends on how much FMLA leave the employee has already taken during the twelve (12) months immediately preceding the start of EFMLEA. Any employee employed by the Board for at least thirty (30) days may take a total of 12 workweeks for EFMLEA leave during the applicable period. If an eligible employee has taken some, but not all, of twelve (12) workweeks under the federal FMLA during the 12-month period immediately preceding a request for EFMLEA, the employee may take the remaining portion of leave available. If the eligible employee has already taken twelve (12) workweeks of federal FMLA leave during this 12-month period, the employee may not take additional EFMLEA leave.
Required Documentation for EPSLA, EFMLEA and FMLA Leaves
EPSLA Leave
All employees seeking EPSLA leave must provide the following:
- Employee’s name;
- Date(s) for which leave is requested;
- Qualifying reason for leave; and
- A statement that the employee is unable to work because of the qualified reason for leave. This statement may be oral or written.
In addition, employees must provide the following depending on the reason for taking EPSLA leave:
- If an employee is taking EPSLA leave due to a quarantine or isolation order, the employee must identify the governmental entity that issued the order.
- If an employee is taking EPSLA leave because a health care provider advised the employee to self-quarantine, the employee must identify the health care provider.
- If an employee is taking EPSLA leave to care for a child whose school or place of care is closed, the employee must identify the name of the child being cared for, the name of the school or childcare provider that is closed or unavailable, and represent that no one else will be taking care of the child.
EFMLEA Leave
- If an employee is taking EFMLEA leave to care for a child whose school or place of care is closed, the employee must identify the name of the child being cared for, the name of the school or childcare provider that is closed or unavailable, and represent that no one else will be taking care of the child.
Other FMLA Qualifying Leave
All existing certification requirements under the federal FMLA remain in effect if an employee is taking leave for one of the existing qualifying reasons under the federal FMLA. For example, if an employee is taking leave beyond the two (2) weeks of EPSLA leave because the employee’s medical condition for COVID-19-related reasons rises to the level of a serious health condition, the employee must continue to provide medical certifications under the federal FMLA as required by the Board.
Legal References:
Families First Coronavirus Response Act, Pub. L. 116-127 §§3102, 5102, 134 Stat. 178 (2020).
Paid Leave Under the Families First Coronavirus Response Act, 29 CFR § 826 (2020).
Date of Adoption: August 25, 2020
C-19.4 Mask / Face Coverings
C-19.4 Mask / Face Coverings
Students and all individuals being transported on student transportation vehicles are required to wear masks/face coverings that cover the nose and mouth (masks/covering must be worn prior to boarding the vehicle), in accordance with the District’s Transportation Protocols. Please see below for additional procedures for mask exemption requirements.
Students, staff and all individuals inside the school building are required to wear masks/face coverings that covers the nose and mouth except if: (i) the individual cannot wear the mask/face covering because the individual has difficulty breathing, is unconscious, or incapacitated; (ii) the individual cannot remove the mask without assistance; (iii) the individual has a documented medical reason making it unsafe to wear a mask; (iv) the student is in preschool; or (v) the individual has a disability that causes the individual to be unable to wear a mask/face covering.
Masks/face coverings may only be removed within the school building for the following reasons: (i) eating/drinking; (ii) on school grounds with appropriate social distancing implemented; and (iii) educational or medical activities requiring removal of masks (speech and language, evaluations, etc.) ONLY under circumstances when the school has implemented appropriate mitigating measures (such as gowns, face shields, additional social distancing, physical barriers for District employees and/or students).
If a student claims a medical or disability-related exemption from wearing a mask or face covering, District shall follow the Decision Tree - Mask Exemptions in these Protocols. If the District determines the request is based on medical need, the parent or guardian and the student’s treating physician must complete the Mask/Face Covering Exemption Request Form. If the District determines the request is based on disability (skill deficit), the District shall promptly convene a PPT or Section 504 meeting as appropriate to discuss and consider necessary programming revisions, accommodations, modifications, etc.
Students shall be offered mask breaks during the school day. A mask break consists of the student removing the mask or face covering from the student’s own nose and mouth for a short period of time. To permit a mask break, individuals who are indoors must be 6 feet apart or using protective barriers such as a personal desk or face shield. Mask breaks are preferably taken outdoors with a distance of 6 feet or more.
Date of Adoption: August 25, 2020
