Emergency Sick Leave with Pay Policy
The health and safety of our employees is always our highest priority. In order to provide additional support
during this time of uncertainty, the Company is implementing this temporary COVID-19 Emergency Sick
Leave with Pay Policy (“Emergency Sick Leave” or “ESL”).
All active Vail Resorts employees in the United States*, Canada and Australia are eligible for Emergency Sick Leave under this Policy once they have exhausted their accrued paid sick time (please refer to your location’s Employee Guide for details on sick time accrual and usage, or your local handbook for Peak Resorts/Australia). Employees who have separated from the Company are ineligible for Emergency Sick Leave. Employees on furlough are ineligible for Emergency Sick Leave unless they were using Emergency Sick Leave at the beginning of their furlough. Employees who are not scheduled to work (such as those on Seasonal Inactive Status (SIS) or during the 1-2 months off for 10/11 month employees) are ineligible for Emergency Sick Leave.
*Employees in New York are not required to exhaust their accrued, paid sick time if they are placed under quarantine or directed to self-isolate by public health authorities, and may use Emergency Sick Leave for this purpose for up to a maximum of 14 days. What It Is Eligible employees may use up to four (4) days of initial Emergency Sick Leave if they are: (i) exhibiting flu-like symptoms and (ii) being tested for COVID-19 and are awaiting a diagnosis. This initial Emergency Sick Leave ends when an employee receives a negative COVID-19 test result. Any active, eligible employee who is placed under quarantine, directed to self-isolate by public health authorities and/or their health care provider, or has tested positive for COVID-19 will be paid for their time away from work up to a maximum of fourteen (14) days under this Policy. If an employee is not able to return to work after fourteen (14) days, they may be eligible for other leaves of absence or paid benefits. During any period of Emergency Sick Leave, employees are not permitted to utilize their employee pass to access any Vail Resorts property.
How It Is Paid
During Emergency Sick Leave, eligible employees who are using Emergency Sick Leave (i) because they are exhibiting flu-like symptoms and are being tested for COVID-19; or (ii) because they have been placed under quarantine/directed to self-isolate by local public health authorities because they are positive for COVID-19 (or awaiting test results), will be paid at their regular rate of pay, including all forms of wages and compensation, and for the employer’s regularly worked hours. To the extent that the employee’s rate of pay or hours worked varied before the need for Emergency Sick Leave, pay will be calculated in the amount of the employee’s average daily pay for the preceding month. Employees who are using Emergency Sick Leave and are not positive for COVID-19, but are otherwise directed by their physician or public health officials to quarantine/self-isolate, will be paid Emergency Sick Leave at their regular rate of pay (excluding other forms of wages and compensation and regardless of their average daily pay for the preceding month). Employees with a base wage less than the regular minimum wage (where permitted by applicable law), such as commissioned and certain tipped employees, will have their Emergency Sick Leave paid at the Vail Resorts minimum wage. Employees who are asymptomatic, have not yet been diagnosed, or are not positive for COVID-19, but who are otherwise directed by their physician or public health officials to quarantine/self-isolate, will not be eligible for Emergency Sick Leave if they are physically able to work through remote access during the period of mandatory quarantine/isolation.
Further, we are informing you of the risk of travel to regions classified by the CDC as “Level 2” or “Level 3” and if you choose to travel to these regions at any point following April 7, 2020 and are quarantined as a result of that travel, you will not be eligible for Emergency Sick Leave for the period of mandatory quarantine/isolation.
Does It Get Paid Out?
Emergency Sick Leave is not paid out upon separation for any reason, and cannot be carried over to regular sick time balances.
How It Is Used
If an employee is showing symptoms of COVID-19 (such as fever, shortness of breath, coughing), they should not come to work and should contact a medical provider for assessment. The U.S., Canadian and Australian governments recommend alerting a medical provider of a potential COVID-19 case prior to going to the provider’s office. More information and links relevant to each country are set out below. Employees should also follow standard call in procedures if they are unable to work due to one of the above listed reasons, and should make a request for Emergency Sick Leave through Direct Connect as soon as practicable.
Employees must add supporting medical documentation to their existing Direct Connect case to receive payments under this Policy, including a medical certificate and test results for COVID-19 (unless prohibited by law, a negative test or clearance from a physician is required before an employee will be allowed to return to work). If an employee is confirmed as having COVID-19 or has been advised by public health to self-isolate due to potential exposure to COVID-19, they should follow the instructions given to them by public health authorities, not report to work, contact their Supervisor and open a case in Direct Connect as soon as possible for further instructions.
All employees requesting Emergency Sick Leave are required to comply with this Policy. Any abuse of this Policy, or any other Company leave policies, may result in disciplinary action up to and including possible termination of employment. The Company has the right to change, amend, or terminate this Policy at any
time in its sole discretion and without advance notice.
Please open a case in Direct Connect (Peak Resorts employees click here for support prior to April 22, 2020) to request Emergency Sick Leave or get answers with any related questions.