Coronavirus (COVID-19) Operations and Personnel Issues

Continuity of Operations/Continuity of Government Plans

Below are pandemic continuity of operations (COOP) and continuity of government (COG) plans adopted or revised in response to the COVID-19 pandemic.

• Kenmore Pandemic Continuity of Operations/Continuity of Government Plan (2020)
• Northshore Utility District Pandemic Policy (2020) – Policies and procedures for continuity of operations; covers both personnel policies and operational practices.
• Ridgefield Planned Response for COVID-19 (2020) – Outlines City's continuity of operations; covers key business functions and essential employees, impacts on city services, workplace protocols, and leave policies.
• Pacific COVID-19 Pandemic Preventative and Emergency Response Plan (2020) – Very comprehensive plan includes employee and city responsibilities, social distancing, cleaning, alternate shifts, telecommuting, and leave policies including FFCRA. Also includes alternate work schedule request form and paycheck deduction form for sick leave advances.
• Shoreline Pandemic Continuity of Operations/Continuity of Government Plan (2020)
• Woodinville Water District Pandemic and Public Health Emergency Response and Recovery Policy (2020) – Procedures to minimize disease exposure and maintain continuity of operations.

Telecommuting

For information and examples of local telecommuting or remote work policies, see our page on Telecommuting.

Public Meetings

Proclamation 20-28 et seq. regarding open public meetings is no longer in effect. While agencies are encouraged by statute to provide remote access options for open public meetings, they are no longer required to do so, and the agency must provide in-person meeting options unless there is a declared emergency and the agency has determined it cannot hold in-person meetings with reasonable safety.

For more information, see our blog posts:

• The OPMA Gets an Update from the Legislature (March 24, 2022)
• OPMA/PRA Emergency Proclamation Will Expire June 1 (May 2, 2022)
• HB 1329: Answers to Your OPMA Questions (May 19, 2022)

Reopening Plans and Policies

On June 19, 2020, Governor Inslee issued a memo to local governments encouraging them to use the Safe Start Reopening Guide for State Agencies, which the state updates as needed, as a resource when developing their own Safe Start Plans.

Jurisdictions may also refer to the state's Phase 3 Safe Start Plan template, which was originally issued in summer 2020 under the former "Safe Start" plan which has since been superseded. The general health and safety considerations are still helpful, but make sure to check the state's current public health guidance.

The state originally issued public health guidance documents for specific industries, several of which impacted local governments, but most of these documents were rescinded by June 30, 2021 and are no longer in effect.

Many jurisdictions have also established guidelines and procedures for essential employees or other employees who are returning to in-person work. Below are a number of examples (some of which were adopted before the governor's stay-at-home order and subsequent amendments or may not reflect the latest developments such as changing guidance on face masks).

For more information, see the following MRSC blog post:

• Planning for the Safe Reopening of Public Buildings (May 14, 2020)

Also see the section below on Face Masks and Vaccinations.

Plans Adopted or Updated in 2021

• Issaquah COVID-19 Protection Plan and Policy Update (May 21, 2021) – Continues to require face masks to be worn in all city buildings; requirement will be reconsidered when vaccination across city departments reaches 70%. City is offering time-off incentive to current employees who get vaccinated; vaccination will be mandatory for new hires.
• Seattle COVID-19 Face Covering Policy for Employees, Contractors, Vendors and Visitors to City Facilities (August 2, 2021) – Mandatory face mask policy and useful FAQs.
• Walla Walla COVID-19 Return to Work Guidelines (April 20, 2021) – City’s plan to reopen public facilities, including employee guidelines and self-assessment checklist, COVID-19 site leads, quick guide for employees exposed to COVID or testing positive, and guidance on expanded paid sick leave.

Plans Adopted or Updated in 2020

• Pacific COVID-19 Pandemic Preventative and Emergency Response Plan (April 2, 2020) – Very comprehensive plan includes employee and city responsibilities, social distancing, cleaning, alternate shifts, telecommuting, and leave policies including FFCRA. Also includes alternate work schedule request form and paycheck deduction form for sick leave advances.
• Port of Port Townsend COVID-19 Pandemic Response (March 25, 2020) – Clarifying that port employees are essential workers under the governor’s “Stay Home, Stay Healthy” order, but changing port policies to ensure adequate social distancing, including rotating work crew schedules to one week on/one week off with paid administrative leave.
• Renton Emergency Order No. 2000-1 (March 11, 2020) – Requires employees/contractors who suspect they have contracted/were exposed to COVID-19 to report to HR and prohibits them from reporting to city facilities without HR approval. HR may waive normal paid leave/telework policies to avoid financial hardship to exposed workers who are required to stay home.
• Shoreline COVID-19 Employee Health Screening Instructions (2020) – Provides instructions to employees who will be coming in to a city facility to work, for meetings, or to pick up/drop off items; all employees must complete a daily health check/report prior to coming to work, or else immediately upon arrival at work.
• Skamania County Reopening Plans/Return to Work Guidelines (July 1, 2020) – Lists general guidelines for all departments, as well as more detailed guidelines for individual departments

Face Masks and Vaccinations

Local governments must follow the current facial covering requirements issued by the governor, state secretary of health, or local public health officer, whichever is more stringent. Local governments may also issue their own facial covering requirements for employees and visitors that are more stringent than the state or local public health requirements.

For more information on local, state, and federal vaccine requirements, see the following MRSC blog posts:

• Washington's COVID-19 State of Emergency Ends October 31: What Does This Mean for Local Governments (October 6, 2022)
• Supreme Court Issues First Opinions on Federal COVID-19 Vaccination Requirements (January 18, 2022)
• Vaccine Mandates: Accommodating Disability and Religious Belief Exemptions (October 11, 2021)
• Face Coverings and Vaccine Requirements: Where Things Stand as of August 23, 2021
• COVID-19 Vaccination Requirements in the Local Government Workplace (August 11, 2021)
• Vaccine Incentive Policies in the Local Government Workplace (June 3, 2021)

Below are selected examples of local vaccine/face mask policies and forms; note that these are provided as examples only and may not reflect the current public health guidance.

Mandatory Vaccination Policies

• Bellingham Executive Order No. 2021-02 (September 21, 2021) – Requires all city employees, volunteers, and on-site indoor contractors (as defined in the order) to be fully vaccinated by December 3, 2021.
• Carnation Mandatory COVID-19 Vaccination Policy (October 5, 2021) – Requires employees, volunteers, and certain contractors to provide proof of full vaccination by November 23, 2021. Includes additional paid time off for employees to receive and recover from vaccinations.
• Duvall Resolution No 21-12 (August 17, 2021) – Current employees must receive their first injection within five days of the effective date and be fully vaccinated within seven weeks. Employees and applicants are considered "fully vaccinated" for a period of 12 months after their final dose but must receive recommended booster vaccinations to maintain fully vaccinated status. Employees who are not fully vaccinated must provide proof of a negative test result twice per week until they are fully vaccinated. Includes medical/religious accommodation request forms.
• Friday Harbor Mandatory COVID-19 Vaccination Policy (October 7, 2021) – Requires all employees and volunteers to provide proof of full vaccination by December 7, 2021
  • Medical Exemption Request Form
  • Religious Exemption Request Form
  • Guidance on Evaluating Religious Accommodation Requests – Based very closely on school guidance provided by Office of Superintendent of Public Instruction in consultation with state Attorney General's Office
• Mountlake Terrace Mandatory COVID-19 Vaccination Policy (October 13, 2021) – Requires all city employees to be vaccinated. Provides detailed timeline with multiple deadlines:
  • Already vaccinated employees must provide proof within 14 days of policy implementation
  • Non-vaccinated employees seeking medical/religious accommodation must apply within 14 days
  • Non-vaccinated employees must receive first vaccine dose (Johnson & Johnson or first dose of mRNA series) within 21 days and, for two-dose mRNA vaccines only, second dose within 49 days.
• Olympia COVID-19 Vaccination or Testing Policy (November 22, 2021) – All city employees not subject to prior vaccine mandate must be fully vaccinated by Nov. 30, 2021 or submit negative test result every week after that. Unvaccinated employees must pay full testing costs through payroll deductions; also includes vaccination incentives and FAQs.
• Shoreline Resolution No. 483 (October 4, 2021) – Requires all employees, elected/appointed officials, volunteers, and in-person contractors to be fully vaccinated by December 1, 2021. Those eligible for booster shots, as determined by FDA, CDC, and/or state health officer, must receive booster shots within 30 days of eligibility. Also includes staff report and draft resolution.
  • Mandatory COVID-19 Vaccination Policy for Employees, Volunteers, and Appointed Officials (October 5, 2021) – Includes procedures for completing/documenting vaccination or requesting medical/religious accommodations
  • Mandatory COVID-19 Vaccination Policy for City Service Contractors (October 5, 2021) – Includes procedures for contractors to verify vaccination or accommodations for existing and future employees who will be providing services at city facilities

Vaccine Accommodations/Exemptions

• Bellevue COVID-19 Vaccination Religious Reasonable Accommodation Request Form (August 2021) – Only applies to those employees subject to state vaccine mandate; provides space for employee to describe their religious objection and for HR to document the discussion and accommodation process.
• Bellingham:
  • Request for Religious Exemption from COVID-19 Vaccine Form (2021) – In addition to employee’s personal statement detailing the religious basis for their objection, provides optional religious organization statement from a religious leader to support the employee’s statement.
  • Request for Medical Exemption from COVID-19 Vaccine Form (2021)
• Carnation:
  • Request for Disability-Related Accommodation Exemption from COVID-19 Vaccine Form (2021)
  • Request for Religious Exemption from COVID-19 Vaccine Form (2021)
• Pacific County COVID-19 Vaccination Exemption Policy (September 20, 2021) – Establishes process for employees subject to state vaccination requirements to apply for medical or religious exemptions. Exemptions are approved by supervisors/directors, not HR; denials may be appealed to board of county commissioners. Includes exemption and appeal forms.
• Shoreline:
  • Request for Religious Exemption from COVID-19 Vaccine Form (August 31, 2021) – Includes specific topics for employee to address, including whether employee has received other vaccinations and whether employee is opposed to all vaccinations or just COVID-19 vaccine. If employee has religious leader, leader must complete Part 2 and might be contacted by city.
  • Request for Medical Exemption from COVID-19 Vaccine Form (August 31, 2021)

Other Vaccine/Face Mask Policies

• Issaquah COVID-19 Protection Plan and Policy Updates (May 21, 2021) – Continues to require all employees to wear face masks regardless of vaccination status; requirements will be reconsidered when vaccination across city departments reaches 70%. City is offering time-off incentives to current employees who get vaccinated; vaccination will be mandatory for new hires. 

Employee Leave and FFCRA

During the current crisis, some employees must take time off work due to various issues such as illness, quarantine, the closure of certain facilities, or the lack of childcare due to the closure of in-person schooling or daycare.

The federal Families First Coronavirus Response Act (FFCRA) required all public agency employers to provide up to 12 weeks of emergency paid sick leave and expanded Family and Medical Leave (FMLA) for certain COVID-19 related reasons. The original law expired December 31, 2020, and public employers are no longer required to provide FFCRA leave.

However, the federal Coronavirus Response Relief Supplemental Appropriations Act (CCRSA), signed on December 27, 2020, authorized employers to optionally provide FFCRA leave through March 31, 2021 to employees who had not yet exhausted their FFCRA leave.

The American Rescue Plan Act ("ARPA" or "ARP") further expanded these provisions, authorizing employers to voluntarily provide 10 additional days of FFCRA leave between April 1, 2021 and September 30, 2021 and adding an additional qualifying reason related to COVID-19 diagnostic tests and immunizations.

While private employers have received federal tax credits for FFCRA leave provided to employees, state and local governments were ineligible for tax credits under the original legislation. However, with the passage of the American Rescue Plan, local governments became eligible for federal tax credits for any voluntary paid leave provided under ARPA between April 1, 2021 and September 30, 2021 only.

For more information, see the following resources:

• MRSC Insight blog:
  • American Rescue Plan Provides Relief to Local Governments (March 17, 2021) – Includes discussion of expanded/extended voluntary FFCRA leave
• IRS: Tax Credits and the American Rescue Plan – Information about tax credits that local governments may claim for paid leave provided under ARPA between April 1, 2021 and September 30, 2021

In addition, employees may be able to use various other local or state leave programs to take time off work. For more information, including a summary of which types of leave may be available in the most common scenarios, see the state Employment Security Department's page on COVID-19 Business Information.

A number of jurisdictions have amended their local leave policies. Below are some examples we have received, but please note that the leave requirements and policies may have changed over time.

Policies Incorporating FFCRA

• Maple Valley Amended COVID-19 Pandemic Pay (March 31, 2020) – Establishes pandemic pay for employees with first-level COVID-19 exposure or who have been directed by the city manager to telecommute or work on-site but cannot due to state or federal mandates. Excludes employees who are receiving unemployment benefits or paid leave under FFCRA.
• Pacific COVID-19 Pandemic Preventative and Emergency Response Plan (April 2, 2020) – Very comprehensive plan includes employee and city responsibilities, social distancing, cleaning, alternate shifts, telecommuting, and leave policies including FFCRA. Also includes alternate work schedule request form and paycheck deduction form for sick leave advances.
• Pullman Temporary Leave Policy and Program (March 26, 2020) – Includes 80 hours of temporary leave from a city-funded catastrophic leave bank for employees impacted by COVID-19, to be replaced in early April by the 80 hours of emergency paid sick leave under the Families First Coronavirus Response Act (FFCRA).

Policies Enacted Prior to FFCRA

• Bothell Advance Sick Leave Request Form (2020) – Form for employees who have no leave available to request up to 24 hours of sick leave in advance under city pandemic flu policy
• Burien Modified Shared Leave Program (March 16, 2020) – Temporary modification to shared leave program; authorizes employees to donate accrued vacation and/or sick leave to a pool for the use by City employees who are affected by the immediate crisis surrounding the COVID-19 pandemic. Includes donation form.
• Covington Water District Resolution No. 4410 (March 24, 2020) – Implements a compensation policy for some employees sent home who are unable to work remotely, allowing them to be on-call and receive compensation. Also provides for 10 additional sick days for employees who contract COVID-19 or live with someone who does.
• Cowlitz County PUD No.1 COVID-19 Supplemental and Pandemic Leave Authorization (March 14, 2020) – Provides 60-80 hours of supplemental leave to all employees to reduce spread of coronavirus (COVID-19). May be used if employee or person employee lives with tests positive for COVID-19 or exhibits symptoms, or if child’s school is closed due to COVID-19. 
• Duvall COVID-19 Child Care Leave Memorandum (March 12, 2020) – Mayor authorizes employees with school-age children to stay home with full pay/benefits for four days while they make childcare arrangements. Employees needing extra time must discuss with supervisor; additional time off requires use of accrued sick leave, vacation, or comp time
  • Pandemic Response and Recovery Policies and Procedures (March 17, 2020) – Adopts rules in the event of a pandemic, with an emphasis on employees who may be sent home and leave that is available
• Shoreline COVID-19 Emergency Pay and Leave Policy & Procedure (March 9, 2020) – Emergency policy providing guidance and establishing procedures for the use of paid leave and pay for city employees during the COVID-19 pandemic. Includes sick leave, donated leave, family and medical leave, and city closure pay.

Protections for High-Risk Workers

Governor Inslee’s Proclamation 20-46 et seq., originally issued on April 13, 2020 and subsequently modified and extended several times, is rescinded effective 11:59 PM on June 28, 2021. This proclamation has been substantially replaced by ESSB 5115, the Health Emergency Labor Standards Act (HELSA), which took effect May 11, 2021. For more information on HELSA, see the Department of Labor & Industries Q&A on Protecting High-Risk Employees from Discrimination During Public Health Emergencies.

Premium Pay/Employee Bonuses

A number of local governments have expressed interest in providing premium pay, hazard pay, or bonuses to their employees in recognition for their hard work to provide essential services to the public during the pandemic, in some cases at considerable risk to their safety and health.

However, while the American Rescue Plan Act (ARPA) allows funds to be used for retroactive premium pay, Washington state law prohibits public employees from receiving retroactive pay increases. For more information on this topic, see our blog post Employee Bonuses and the COVID-19 Pandemic.

Any provisions to provide hazard pay or premium pay to local government employees should be written with state law in mind. For an example of a premium pay resolution that was written to avoid providing a retroactive pay increase, see:

• Island County Resolution No. C-52-21 (August 17. 2021) – Provides ARPA-funded premium pay of $12/hour, up to maximum total of $2,880 per employee, to regular employees budgeted at 20 or more hours/week. To be eligible, employees must be required to perform on-site job duties (as opposed to teleworking) in an area of potential exposure to COVID-19 and be employed as of August 17, 2021; employee will receive premium pay up to 40 hours/week between August 29 and October 9, 2021.

Gift of Public Funds Issues

A number of local governments have asked whether certain actions to combat COVID-19 – such as making payments to nonprofits to support childcare services, or providing employees with paid leave if they are ordered not to come to work – would violate the constitutional gift of public funds prohibition.

The state Attorney General's office weighed in on this issue with a memorandum (2020) concluding that generally speaking, local governments have broad authority to make expenditures combating COVID-19 because such efforts further fundamental public purposes such as protecting public health and welfare.

The Attorney General's Office has also provided additional guidance regarding gift of public funds issues pertaining to economic relief to small businesses and low-income residents. For more information on that topic, see our page on Coronavirus (COVID-19) Small Business and Tenant Assistance Programs.