AAC
where notices to employees are customarily kept. Te Depart- ment of Labor will provide a sample poster within seven days of the enactment of this law. Further, exclusions promulgated by the Secretary of the Department of Labor regarding the ability to exclude certain health care providers and emergency responders from the definition of eligible employee. Te Emergency Family Medical Leave Expansion Act ap- plies to government employers and their employees who have been employed (on payroll) for at least 30 days prior to their request to take leave. Te new leave category under FMLA is limited to when the employee is unable to work or telework due to the need to care for a son or daughter under 18 years old, if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency. Tis does not include regularly scheduled closings or breaks unrelated to COVID-19. Te law provides up to 12 weeks of leave for all FMLA qualifying reasons, including the expanded provisions. Tis means if an employee has already used some FMLA leave in the relevant 12-month period, they are only entitled to the remainder of the 12-week period, even under the expanded provision. For example, where an employee has already used two weeks of FMLA this year, they are only eligible for 10 more weeks, in- cluding due to a school closing. Tis is not an additional 12-
COVER STORY
week period. Te first 10 days of leave under the expanded FMLA are
not required to be paid by the employer. Te employee may choose to have the first 10 days be unpaid. Tey may choose to use their regular PTO bank to cover the first 10 days, or the employee may choose to use their new COVID-19 paid leave as provided by federal law. If the employee uses their 80 hours under federal law, it is to be paid at two-thirds of the employee’s regular rate of pay. Te employee would be able to use their other leave banks to cover the remaining one-third. County employers may elect to exclude emergency respond- ers from the benefits of the Emergency Family Medical Leave Expansion provision of the Act. Te Department of Labor is expected to issue additional guidance regarding this exclusion. Employers should continue to monitor the COVID-19 situation for the state and county for safety and employment issues. Keep in mind, that the boundaries of what you can do legally may not necessarily be what you want to do from a practical standpoint. Tis article serves as guidance on what you can do but should not be construed as advice on what you should do. We recommend you continue to seek individual- ized legal advice as specific employment issues arise. If you have a question that was not addressed herein, please feel free to reach out to discuss.
AAC welcomes new RMS litigation counsel
Management Litigation Counsel. Neemann, who has previously worked as an AAC law clerk, joined the staff in February and has brought a wealth of legal knowledge of law to the AAC Risk Man- agement Services program. “I enjoy assisting county government in legal matters and supporting our com- munity,” she said. “My primary focus is employment and HR related matters, in- cluding Equal Employment Opportunity Commission responseses. I am also a part of the AAC COVID-19 response team ” Neemann is originally from Chandler,
T
Arizona. She completed a bachelor’s de- gree in political science and history at the University of Nebraska at Lincoln. She moved to Little Rock in 2015 to attend the University of Arkansas Little
COUNTY LINES, WINTER 2020
he Association of Arkansas Counties (AAC) recently welcomed Camille Nee- mann as a new AAC Risk
Rock William H. Bowen School of Law, from which she graduated in 2018 with a juris doctorate degree. She has served as symposium editor on the Law Review Editorial Board. She currently is a board member on the Young Alumni Board. “I have always enjoyed reading, writ- ing and researching,” she said. “I love be- ing in the legal field because the practice combines the things I enjoy and pro- vides me the opportunity to help others with legal matters.” Outside of work, Neemann volunteers
with the Circle of Friends Jefferson Coun- ty Chapter benefitting Arkansas Children’s Hospital and is a Court Appointed Special Advocate for foster care children in Jeffer- son and Lincoln counties.
County officials may contact Neemann at
cneemann@arcounties.org or call 870- 372-7550.
Camille Neemann works on employment is- sues with AAC Risk Management Services.
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