Human Resources Department (HRD)
During COVID-19 Emergency
Services & Resources

Human Resources

• An employee is offered telework, however, due to school or daycare closure related to concerns of COVID-19 on the premises the employee is not functionally able to work while watching their 3 small children. Can the employee take SPSL?

  Possibly, each scenario is reviewed on a case by case basis. NOTE: SPSL may be used if a child’s classroom in school or place of care has been closed after concern that a person who had been present on the school or daycare premises on or after January 1, 2022, was exposed to, or had contracted, COVID-19.  This does not include caring for a child whose school or daycare was closed before January 1, 2022.  If the school or daycare was closed on or after January 1, 2022, it must have been due to a closure, or partial closure, making the care unavailable due to COVID-19 on the premises.

• An employee is scheduled to return from leave, but their child’s school or daycare is closed due to concerns of COVID-19 on the premises and the employee is unable to return to work. Is the employee eligible for SPSL?

  Employees must have worked or be scheduled to work during the preceding two-week period before becoming eligible to take SPSL.

• Can an employee who was approved for the County’s 80 hours special paid leave, and who does not qualify for leave under SPSL continue to use the special paid leave hours until they run out?

  Yes

• Can employees still use the County Special Paid Leave hours provided by the County after the shelter in place order was effective 3/18/2020?

  Yes, this is still in place. 

• Does an employee qualify for leave for a COVID-19 related reason even if they have already used some or all their leave under the Family and Medical Leave Act (FMLA)?

  If they are an eligible employee, they are eligible for up to 40 hours of SPSL regardless of how much leave they have taken under the FMLA. 

• If an employee has used all their FMLA for the year are they eligible to receive SPSL?

  Yes, if they qualify for SPSL. 

• If an employee is qualified to receive SPSL do they need to use the County Special Paid Leave or their accrued leave before using this benefit?

  No. If qualified for SPSL the employee has the option to use SPSL before using any County Special Paid Leave or accrued leave. However, if the paid benefit of SPSL is not enough to equal 100% of the employee’s wages they may use their accrued leave to supplement their pay. Employees must exhaust their SPSL before receiving County Special Paid Leave. 

• If an employee receives SPSL but it results in less than their normal paycheck could they supplement with their accrued leave?

   Yes, if the employee requests it and has accrued leave. 

• May an employee take 40 hours of SPSL for self-quarantine and then another 40 hours if their eligible family member has to self-quarantine?

  No. An employee may receive up to 40 SPSL hours total for this type of COVID-19 related reason. 

• May an employee take SPSL intermittently while working remotely?

  Yes. If mutually agreed upon by the employee and the Department. 

• What happens if an employee exhausts SPSL benefits, the County Special Paid Leave, and has no additional accrued leave?

  The County Administrative Officer or designee may approve up to 20 days of paid admin leave. If this is exhausted, or not granted, the employee would fall into an unpaid status. Alternatively, the employee may be reassigned as a disaster service worker. 

• What is the process to reassign staff to other departments that are in need of staff (i.e. for special assignments)?

  Available staff may be reassigned through the Disaster Service Worker program. Questions related to this program may be sent to DSW@co.monterey.ca.us 

• Where can staff find more information?

  See the Human Resources Department (HRD) COVID-19 Emergency Services & Resources website. 

• Which employees are eligible for SPSL?

  All employees, including regular, contract, county temporary, paid interns, and retired annuitants are eligible for SPSL. 

• Who is a “child care provider”?

  The term “Child Care Provider” means a provider who receives compensation for providing child care services on a regular basis. The term includes a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that is licensed, regulated, or registered under State law as described in section 9858c(c)(2)(E) of Title 42; and satisfies the State and local requirements, including those referred to in section 9858c(c)(2)(F) of Title 42. 

• Who is a “health care provider”?

  A licensed Doctor of Medicine, nurse practitioner, or other health care provider permitted to issue a certification for purposes of the FMLA. 

• Who may approve use of the County Special Paid Leave?

  Please refer to Section 10 of the Human Resources Emergency Response Manual for additional information regarding the County Special Paid Leave.