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a. PUBLIC SECTOR CAPACITY AND WORKFORCE <br />Public Safety, Public Health, and Human Services Staff <br />Summary of Interim Final Rule: Under the interim final rule, funds may be used for <br />payroll and covered benefits241 for public safety, public health, health care, human services, and <br />similar employees242 of a recipient government, for the portion of the employee's time that is <br />spent responding to COVID-19. For administrative convenience, the recipient may consider <br />public health and safety employees to be entirely devoted to responding to COVID-19, and <br />therefore their full payroll and covered benefits eligible to be covered, if the employee, or his or <br />her operating unit or division, is "primarily dedicated" to responding to COVID-19, meaning that <br />more than half of the employee, unit, or division's time is dedicated to responding to COVID-19. <br />Recipients may consider other presumptions for assessing the extent to which an employee, <br />division, or operating unit is responding to COVID-19. Recipients must periodically reassess <br />their determination and maintain records to support their assessment, such as payroll records, <br />attestations from supervisors or staff, or regular work product or correspondence; recipients need <br />not track staff hours. The interim final rule also posed a question on how long recipients should <br />be able to use funds for staff responding to COVID-19 and what other measures or presumptions <br />241 In general, if an employee's wages and salaries are an eligible use of SLFRF funds, recipients may treat the <br />employee's covered benefits as an eligible use of SLFRF funds. For purposes of SLFRF funds, covered benefits <br />include costs of all types of leave (vacation, family -related, sick, military, bereavement, sabbatical, jury duty), <br />employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (federal <br />and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes <br />Social Security and Medicare taxes). As described further in the section Deposits into Pension Funds in Restrictions <br />on Use, that limitation on use does not apply to pension contributions that are part of regular payroll contributions <br />for employees whose wages and salaries are an eligible use of SLFRF funds. <br />242 Note that the interim final rule adapted prior guidance issued for CRF that described these four categories of <br />employees; however, when listing the specific occupations or types of employees in each of these categories, the <br />guidance collapses health care and public health into one category titled "public health." Therefore, the presumption <br />described around public health employees also covers health care employees. <br />172 <br />