Human Resources Flexibilities for Employees

Leave

1. What are my leave options if I have been diagnosed with the flu?

An employee who has been diagnosed with the flu may use accrued sick leave or annual leave, request advanced sick leave or annual leave, request donated leave under the agency’s voluntary leave transfer program or an established emergency leave transfer program, or use any earned compensatory time off, earned compensatory time off for travel, or earned credit hours. In addition, an employee may qualify for 12 weeks of unpaid leave under the Family and Medical Leave Act. An employee may substitute his or her accrued annual leave and sick leave, as appropriate, for unpaid leave under the FMLA.

2. May I take sick leave if I have been exposed to the flu?

An employee may use accrued sick leave when he or she would, as determined by the health authorities or a health care provider, jeopardize the health of others because of his or her exposure to a communicable disease. An employee may also take accrued annual leave or other paid time off if he or she was exposed to a communicable disease. It goes without saying that if you feel sick, you should request leave and stay home.

3. If an employee is healthy but stays home because he/she has been in direct contact with individuals infected with the flu, in what pay/leave status are they placed?

An employee may use accrued sick leave when he or she would, as determined by the health authorities or a health care provider, jeopardize the health of others because of his or her exposure to a communicable disease. This would not necessarily require individual medical examination and treatment; agencies and employees should monitor official announcements by Federal, State, or local officials, public health authorities, and/or tribal governments related to exposure to pandemic influenza. An employee may also request to take accrued annual leave or other paid time off if he or she was exposed to a communicable disease.

4. If an employee is healthy but stays home because his or her child has been in direct contact with individuals infected with the flu, in what pay/leave status is the employee placed?

Currently, an employee may use annual leave or leave without pay to care for a family member who has been directly exposed to the pandemic influenza. In some cases, when the work does not require an on-site presence, an employee may be able to telework with the permission of the supervisor. While telework is not a substitute for childcare, it can be very valuable to employees with care giving responsibilities. Provided the employee has telework capabilities and work that can be performed from home, management should be flexible in determining whether the employee can accomplish his or her duties from home while their child is also at home. An employee may telework during the time he or she is not responsible for childcare and must request accrued annual leave or other paid time off while performing childcare responsibilities. (See telework, below.)

5. My child’s school has closed. Can I use “family friendly” sick leave to care for my child until the school reopens?

No. Sick leave is not appropriate if the child is not sick. An employee who is healthy and is caring for a family member who is healthy may request annual leave or other paid time off, such as earned compensatory time off, earned compensatory time off for travel, earned credit hours, or leave without pay, for the period of absence from his or her job (telework and alternative work schedules may also be available). The employee should discuss his/her options with his/her supervisor.

6. As a supervisor, must an employee have a doctor’s note if requesting to use sick leave for 3 days or more during a pandemic influenza?

No, you do have flexibility. Under OPM’s regulations (5 CFR 630.403 (a)), an agency may grant sick leave only when the need for sick leave is supported by administratively acceptable evidence. A supervisor may consider an employee’s self-certification as to the reason for his or her absence as administratively acceptable evidence, regardless of the duration of the absence. An supervisor may also require a medical certificate or other administratively acceptable evidence as to the reason for an absence for any of the purposes for which sick leave is granted for an absence in excess of 3 workdays, or for a lesser period when the agency determines it is necessary. Supervisors must use their best judgment and follow their Component’s internal practices or collective bargaining agreement provisions for granting sick leave.

7. If an employee is ordered to serve in an area where pandemic influenza is prevalent, is the employee eligible to use excused absence upon returning, to prevent the spread of the disease to others, even though the employee has no symptoms?

No, excused absence would not be appropriate in this circumstance. An employee may request sick leave if he or she has been exposed to influenza when a doctor or health authorities feel the employee’s exposure to the influenza would put others at risk. The employee would also have the option of requesting annual leave or other available paid time off if he or she has been exposed. For social distancing, telework may also be appropriate.

8. Do I have to use all of my annual and sick leave before requesting donated leave from my coworkers?

No, an employee may request donated leave before he or she exhausts available annual and sick leave. However, before an employee may become an approved leave recipient under his or her Component’s voluntary leave transfer program, the employing agency must determine that the employee’s absence from duty without available paid leave because of a medical emergency is (or is expected to be) at least 24 hours. (For part-time employees or employees on uncommon tours of duty, the period of absence without paid leave is prorated.) An employee may receive donated annual leave under an agency’s voluntary leave transfer program when he or she becomes an approved leave recipient.

Under an emergency leave transfer program, an employee is not required to exhaust his or her available paid leave before receiving donated annual leave.

9. If I’m afraid of catching the flu and don’t want to come to work, what are my leave options?

An employee who is healthy may request annual leave for the period of absence from his or her job. An employee has a right to take annual leave, subject to the right of the supervisor to schedule the time at which annual leave may be taken. In addition, an employee may request to use other paid time off, such as earned compensatory time off, earned compensatory time off for travel, or earned credit hours.

10. [hypothetical] My family was planning to leave for a vacation when my annual leave was canceled because of a pandemic influenza. Can my agency cancel my leave? Will the agency reimburse me for my plane tickets?

DHS management may cancel an employee’s scheduled annual leave. An employee may use annual leave for personal needs, such as vacations, but his or her supervisor has the right to schedule the time at which annual leave may be taken. DHS has no obligation or authority to reimburse an employee for costs incurred by an employee resulting from the cancellation of his or her leave.

11. [hypothetical] I have “use or lose” annual leave, which I scheduled to use before the end of the leave year. My agency has canceled all scheduled annual leave until further notice because employees must be at work due to a pandemic influenza. It looks like this situation will continue through the beginning of the new leave year. Will I be forced to forfeit my “use or lose” annual leave?

If an employee schedules “use or lose” annual leave in writing before the third biweekly pay period prior to the end of the leave year, and the leave is canceled due to an exigency of the public business (i.e., an urgent need for the employee to be at work), the employee may request restoration of the forfeited annual leave. 

12. [hypothetical] I have “use or lose” annual leave, which I scheduled to use before the end of the leave year. I know if I take sick leave because of sickness or injury, my scheduled annual leave will be restored if I am unable to use it before the end of the leave year. My wife, however, is the one who is sick with the flu. If I take sick leave to care for my wife, will my “use or lose” annual leave be restored?

No. Only “use or lose” annual leave forfeited because of a period of absence due to an employee’s own sickness or injury may be restored. Employees who are using sick leave, donated leave, or other paid time off during a pandemic health crisis must be diligent about scheduling and using any excess annual leave (“use or lose” annual leave) by the end of the leave year

13. [hypothetical] A family member has the flu, or complications from the flu, and I must care for him or her. What are my leave options?

An employee may use a total of up to 104 hours (13 days) of sick leave each leave year to provide general medical care to a family member and up to 12 weeks (480 hours) of sick leave to care for a family member who develops a serious health condition. If the employee has already used 13 days of sick leave for general family care and bereavement purposes, that amount must be subtracted from the 12 weeks (480 hours) of sick leave an employee may use to provide care for a family member with a serious health condition.

In addition to sick leave, an employee may use annual leave, accrued compensatory time off, compensatory time off for travel, or credit hours.

The employee also may request to receive donated annual leave through his or her Component’s leave transfer programs. Finally, an employee may invoke (in advance) his or her entitlement to unpaid leave under the Family and Medical Leave Act (FMLA) and take a total of up to 12 weeks (480 hours) of leave without pay (in a twelve month period) to provide care for a spouse, son or daughter, or parent with a serious health condition.

14. If I exhaust all of my annual and sick leave, what are my options?

There are a number of alternatives for an employee who has exhausted his or her accrued annual and sick leave. An employee may request advance annual and/or sick leave. The amount of annual leave that may be advanced may not exceed the amount the employee will accrue during the remainder of the leave year. A maximum of 30 days of sick leave may be advanced for an employee’s serious disability or ailment. In addition, an employee who has a personal or family medical emergency and who has exhausted his or her own available paid leave may be eligible to receive donated annual leave from his or her agency’s voluntary leave transfer program. If OPM has established an emergency leave transfer program, the employee also may be eligible to receive donated leave from the emergency leave transfer program.

15. May an employee who is not sick call in sick because he or she is afraid of contracting the flu?

No. Generally, an employee may use sick leave when he or she is unable to work due to a physical or mental illness or is receiving medical examination or treatment.

An employee who is not eligible for sick leave may request annual leave. An employee has the right to take annual leave, subject to the right of the supervisor to schedule the time at which annual leave may be taken. If an employee’s request for leave is denied and the employee still refuses to report for work, the employee may be considered absent with out leave (AWOL) and may be subject to disciplinary action, up to and including removal from Federal service.

We can’t stress enough the value of workplace hygiene for preventing H1N1 and ILI. This is vital once an infection is in a workspace. You are reminded to:

• Cover your nose and mouth with a tissue when you cough or sneeze.
• Throw the tissue in the trash after you use it.
• Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hand cleaners are also effective.
• Avoid touching your eyes, nose or mouth. Germs spread that way.
• Avoid sharing equipment, particularly telephones and computer keyboards.
• Stay home if you are sick. The CDC recommends that you stay home from work and limit contact with others to keep from infecting them.

Also, DHS is asking its managers who supervise those who are eligible to telework (i.e., those whose job does not require an on site presence) to evaluate the use of alternative work arrangements, including alternative work schedules, and telework, to ensure continuity of operations while encouraging social distancing.

16. May an employee call in sick after a supervisor has canceled annual leave and ordered the employee to report for work?

An employee is entitled to use sick leave under certain conditions. However, under 5 CFR 630.403, an agency may grant sick leave only when supported by administratively acceptable evidence. If the supervisor does not grant the request for sick leave or any other leave, the employee may be considered AWOL. An agency may take disciplinary action for AWOL, up to and including removal from Federal service.

17. [hypothetical] A family member died due to complications from the flu. I have to make arrangements for and attend his/her funeral. What leave can I take?

An employee may use a total of up to 104 hours (13 days) of sick leave each leave year to make arrangements necessitated by the death of a family member or attend the funeral of a family member. In addition, an employee may request to use accrued annual leave or other paid time off, such as earned compensatory time off, earned compensatory time off for travel, and earned credit hours.

18. [hypothetical] My fiancé is very sick with the flu and I am the only person available to take care of him. May I use sick leave?

Yes, an employee may use a total of up to 12 weeks (480 hours) of accrued sick leave to care for a family member with a serious health condition. A family member includes any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

19. May I receive donated annual leave from my coworkers to care for a sick family member?

An employee with a personal or family medical emergency who has exhausted his or her own available paid leave may be eligible to receive donated annual leave from his or her component’s agency’s voluntary leave transfer program. If OPM has established an emergency leave transfer program, the employee also may be eligible to receive donated leave from the emergency leave transfer program.

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Requiring Employees to Work

1. Will an employee who has direct contact with the public (e.g., investigator, health care professional, law enforcement officer) be required to report for work and perform the normal duties of his or her position? If an employee refuses, will the employee be fired?

Employees are expected to report for work and perform the normal duties of their positions. If an employee fails to report for duty without an administratively acceptable reason for his or her absence, the employee could be considered absent without leave and may be subject to disciplinary action, up to and including removal from Federal service. The agency makes the determination as to whether the employee has an administratively acceptable reason for his or her absence.

When an employee reports for work, he or she is expected to first carry out lawful supervisory orders to work that will not endanger his or her health or safety, and may later choose to appeal or grieve an order after complying with it. An employee who refuses to comply with a supervisor’s order may be disciplined, up to and including removal from Federal service. However, an employee may refuse to carry out a particular work assignment if, at the time the assignment is given, the employee reasonably believes carrying it out will endanger his or her safety or health.

Employees and supervisors should discuss any precautions—including personal protective equipment, hand hygiene and cough etiquette, social distancing measures, and other administrative policies—that might reduce the risks associated with work involving direct contact with the public.

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Telework

1. What is telework?

Telework is voluntarily working from home or another site, such as the home of a relative, official Federal telework site, etc. convenient to the residence of the employee.

2. Do all Federal agencies have a telework policy?

Most Federal agencies have a telework policy and are responsible for ensuring such policies meet Federal laws and regulations. DHS’s Telework policy is found in DHS Directive 123-05 (PDF, 8 pages - 178 KB). Many Components also have a specific supplemental Telework policy that covers Component employees. It is important to note that over 70% of DHS employees are not eligible to telework as the performance of their job requires on-site presence.

3. How do employees request telework arrangements?

If your Component does not have a specific telework form, you may request telework by filling out the Telework form provided in the DHS Telework Directive (PDF, 6 pages - 178 KB), and providing it to your supervisor. Your supervisor will make a decision based on the telework policy and his or her assessment of your eligibility to telework. You may be eligible for telework if you are performing well and responsible for work that could be performed outside the office at least 1 day a week. Bargaining unit employees should also check the provisions of their collective bargaining agreement.

4. My child’s school has closed. Can I telework from home while caring for my child? If so, for how long?

While telework is not a substitute for childcare, it can be very valuable to employees with care giving responsibilities. Provided the employee has telework capabilities and work to perform, the agency should be flexible in determining whether an employee can accomplish his or her duties from home while a child is at home. An employee may telework during the time he or she is not responsible for childcare and must take accrued annual leave or other paid time off while performing childcare responsibilities. For example, a young child or infant who requires constant care and attention should not be left alone; therefore, the employee’s ability to telework would be limited to only the time the employee is not responsible for childcare. An older child who requires minimal supervision may be at home with the employee, as long as the child is independently pursuing his or her own activities.

An employee may also request a change in work schedule to perform work during the time he or she is not responsible for childcare. It is possible that schools and day care centers will be closed for extended periods of time in order to reduce the spread of pandemic influenza. An employee’s request to telework from home while caring for a child may be approved for the length of time the employee has work to perform to effectively contribute to the agency’s mission. An employee requesting to telework must plan ahead to ensure he or she has sufficient work to perform at home. If the employee has completed all work assignments and can no longer contribute to the agency’s mission while working at home, he or she should contact his or her supervisor to discuss what other work or leave options are available.

5. My child’s school has closed. I have been evacuated and ordered to work at home or at an alternative worksite, but I must care for my child. Can I telework?

If an employee is evacuated and ordered to work at home or at an alternative worksite mutually agreeable to the agency and the employee, the employee may continue to telework during the time he or she is not responsible for childcare. An employee is expected to take accrued annual leave or other paid time off while performing childcare responsibilities. Managers and supervisors should determine what work the employee may perform and assign work for the employee to perform during the period of evacuation.

6. Can management be forced to implement telework arrangements?

No. There currently is no authority for DHS to order management to implement telework arrangements. Telework arrangements are voluntary. DHS is committed to providing agencies, managers, supervisors, and employees with current guidance and support to facilitate the use of telework in the Federal sector, including guidance on teleworking during an emergency as part of agency contingency planning.

7. Can my supervisor prevent me from teleworking?

Your organization has the option of declining a telework request or terminating a telework agreement. Use of telework must meet the organization’s needs. Subject to any applicable collective bargaining agreement, management decides whether the employee can work off-site, depending on the nature of the position and the level of the employee’s performance.

8. [hypothetical] Due to the pandemic, an employee teleworks from home and may not be able to report to their official worksite. Will locality pay be affected?

During a pandemic health crisis, your regular office may be considered your official worksite, even if your telework arrangement requires you to report there once a week and you are unable to do so. In this emergency situation, you will be entitled to the locality rate of your official worksite.

9. [hypothetical] While teleworking, an employee is injured at home. Is this a line-of-duty injury?

Teleworkers who work from home must provide an appropriate workspace and should certify that it is free from hazards. Government employees causing or suffering work-related injuries and/or damages at the alternative worksite (home, telework center, or other location) may be covered by the Military Personnel and Civilian Employees Claims Act, the Federal Tort Claims Act, or the Federal Employees’ Compensation Act (workers’ compensation), as appropriate.

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Alternative Work Schedules

1. [hypothetical] I am on a flexible work schedule. I am teleworking from home during the pandemic. May I choose to work extra hours each day so I can earn credit hours?

You must comply with the provisions in DHS Directive 254-04, “Alternative Work Schedules” (PDF, 8 pages - 81 KB) for earning credit hours. Credit hours are any hours within a flexible work schedule which are more than your basic work requirement and which you choose to work to vary the length of a workweek or a workday. Employees should refer to supplementing Component policies for any restrictions or limitations placed on the earning and use of credit hours. The law prohibits carrying over more than 24 credit hours from one pay period to the next. For additional information, visit: http://www.opm.gov/oca/worksch/HTML/awsfws.asp.

2. Will I be able to continue working a flexible work schedule during a pandemic influenza in my area?

If you work a flexible work schedule already, your manager may let you keep doing so during a pandemic health crisis. However, your manager may decide to have you work another schedule. Changes in your work schedule are within the discretion of your Component management, as long they are consistent with law, regulations, and any applicable collective bargaining agreement. For additional information, visit: http://www.opm.gov/oca/worksch/HTML/awsfws.asp.

3. Can my agency mandate an alternative work schedule (i.e., a flexible or compressed work schedule)?

Different rules apply depending on whether you are a bargaining unit or non-bargaining unit employee and whether your work unit has a flexible or compressed work schedule. Bargaining unit employees may participate in an alternative work schedule program only under the terms provided in a collective bargaining agreement. Therefore, an organization that wishes to establish a flexible or compressed work schedule program for bargaining unit employees must negotiate the establishment and terms of the program with the exclusive representative of the bargaining unit.

A majority of affected employees in a non-bargaining unit must vote to be included in a compressed work schedule program when participation in the program is mandatory. For purposes of this vote, a majority is obtained when the number of affirmative votes exceeds 50 percent of the number of employees and supervisors in the organization proposed for inclusion in a compressed work schedule. (If participation in the compressed work program is voluntary for each employee, a vote is unnecessary because employees who elect not to participate are not included and are unaffected.) For additional information, see http://www.opm.gov/oca/worksch/HTML/AWScws.asp.

Organizations may unilaterally install flexible work schedule (FWS) programs in units staffed by non-bargaining employees. For additional information, see http://www.opm.gov/oca/worksch/HTML/awsfws.asp.

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Evacuation during a Pandemic Health Crisis

1. Who orders an evacuation?

The Secretary of DHS may order an evacuation upon an official announcement by Federal, State, or local officials, public health authorities, and/or tribal governments, of a pandemic health crisis affecting certain geographic areas. Consistent with the law (5 U.S.C. 5522 and 5523) and the Department of State Standardized Regulations (DSSR), responsibility for ordering an evacuation in overseas locations rests with the Department of State. The Secretary may delegate authority to one or more designated officials to order the evacuation of agency employees, employees assigned to certain geographic areas, or employees in certain Components of DHS.

2. Why are employees evacuated during a pandemic?

Evacuation to a safe haven promotes “social distancing” of employees and protects them from being exposed to additional viruses or mutations of a pandemic influenza.

3. How is an evacuation during a pandemic influenza different from other evacuations?

Evacuation procedures are normally followed when employees are evacuated from their worksites because of natural disasters (e.g., hurricanes, flooding, wildfires) or for military or other reasons that create imminent danger to their lives. An evacuation due to pandemic influenza is different from other evacuations because in this unique circumstance, employees may be ordered to work at home or at an alternative worksite not under the Government’s control that is mutually agreeable to the agency and the employee (e.g., a relative’s home). This unique evacuation authority does not interfere with an agency’s normal authority to reassign employees either temporarily or permanently to new worksites under existing laws and regulations or to direct employees to travel outside of their worksite on temporary duty assignments.

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Evacuation Pay

1. What is evacuation pay?

Evacuation pay is a form of pay protection that allows employees to continue to receive their normal pay, allowances, and differentials on their regular pay days, as feasible, when employees are ordered to evacuate from their regular worksites to work from home (or an alternative worksite mutually agreeable to the agency and the employee) under an evacuation order during a pandemic health crisis. Evacuation pay is used only when the standard time and attendance procedures cannot be followed, e.g., the employee cannot report the use of annual or sick leave or the agency and payroll providers cannot process normal time and attendance reports. Upon return to work, the employee will be required to report any annual leave, sick leave or leave without pay that could not be documented because of the inability to communicate with the time and attendance and/or payroll offices.

2. If an employee receiving evacuation payments develops an illness and is not able to work, do the evacuation payments cease? Is the employee placed on sick leave?

In the context of a pandemic emergency, evacuation payments are used to protect employees’ pay until standard time and attendance procedures can be followed. In other words, the employee’s evacuation pay would continue until he or she can accurately report the illness and request leave. After an order to evacuate is terminated, DHS management must make adjustments to the employee’s pay records to reflect any changes needed to the rates of pay, allowances, and differentials, if any, to which the employee otherwise would have been entitled during the period of evacuation under applicable laws and regulations. Any leave taken will be reconciled during the post-evacuation adjustments.

3. Do the evacuation payments resume when the employee is again able to resume working?

In the context of a pandemic emergency, evacuation payments are used to protect employees’ pay until standard time and attendance procedures can be followed. In other words, the employee’s evacuation pay would continue until he or she can accurately report the illness and request leave. After an order to evacuate is terminated, DHS management must make adjustments to the employee’s pay records to reflect any changes needed to the rates of pay, allowances, and differentials, if any, to which the employee otherwise would have been entitled during the period of evacuation under applicable laws and regulations. Any leave taken will be reconciled during the post-evacuation adjustments.

4. Can an agency make evacuation payments to an employee who cannot work from home or at an alternative location due to the kind of work performed (e.g., jet mechanic, classified materials, clerical work) when the worksite is evacuated due to pandemic influenza?

Managers and supervisors have the responsibility to manage their workforce and anticipate what kind of work, if any, their employees could perform from home (or at an alternative location) if they cannot perform their regular jobs. Management should plan in advance for the possibility that employees may need to perform different duties (if possible given the nature of the work performed) during a pandemic influenza. Assignments under the evacuation pay authority may include any work considered necessary or required to be performed during the period of the evacuation, without regard to an employee’s grade level or title, provided the employee has the necessary knowledge and skills to perform the assigned work. In some cases, excused absence may be substituted for the evacuation pay if an employee is prevented from working and cannot be ordered to work from home or alternative work site because of work-related reasons. For example, if a jet mechanic is ordered to evacuate, and, despite the best efforts of all concerned, there is no other work the employee can accomplish, excused absence may be the last resort. If the need arises, DHS will work with OPM to develop a consistent Government-wide policy on the use of excused absence in these unique circumstances.

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Work Assignments during an Evacuation

1. If employees are ordered to work outside their position description, are they eligible for additional pay?

No. An evacuated employee at a safe haven may be assigned to perform any work considered necessary or required to be performed during the period of evacuation without regard to the employee’s grade or title. An agency may not assign work to an employee unless the agency knows the employee has the necessary knowledge and skills to perform the assigned work. Failure or refusal to perform assigned work may be a basis for terminating evacuation payments, as well as disciplinary action under 5 CFR part 752 (Adverse Actions). However, an employee’s inability to perform assigned work because of a lack of knowledge or skills may not be a basis for terminating evacuation payments or taking disciplinary action.

2. If my agency orders me not to report during a pandemic influenza, will I continue to be paid? Will I be required to use my annual leave?

There are a number of alternative work arrangements DHS may offer you to ensure work continues during a pandemic health crisis. For example, an agency may direct employees who are under an approved telework agreement to telework from home. Or DHS may order employees to evacuate their worksites, direct them to work from home, and pay them evacuation payments. Evacuation payments reflect the regular pay you would have received for the time period you would have been expected to work (but for the evacuation). An agency may require you to perform any work considered necessary during the period of the evacuation without regard to your rank or grade level.

If you refuse to work from home, you may lose your evacuation payments, and you may be required to use your accrued annual leave (i.e., "enforced leave"), you may be furloughed, or you may be disciplined, as appropriate. In addition, if you have a telework arrangement, you may be required to work from home.

3. [hypothetical] My office is open, but the schools are closed and I cannot find child care. May I receive evacuation payments so I may work at home while caring for my children?

You may receive evacuation payments only if your agency authorizes them. During a pandemic health crisis, your agency may order you to evacuate your worksite, authorize evacuation payments, and require you to work from home.

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Benefits

1. Will the Federal Employee Health Benefits carriers pay for routine flu testing?

Federal Employees Health Benefits (FEHB) Plan carriers will provide benefits for medically necessary services. Employees should consult their FEHB plan to determine what the plan will cover if a patient presents himself/herself to the physician or emergency room with symptoms of the flu and the provider conducts an exam and lab test.

2. Will FEHB carriers pay for testing on demand by the patient and, if so, are the participating physicians aware that the carriers will defray those costs?

See the answer to the preceding question. FEHB carriers will provide benefits only for medically necessary services.

3. Has any consideration been given to suspending normal co-pays and deductibles for testing, given the current circumstance?

No; usual co-payments and deductibles will apply.

4. If an employee is without benefits and is forced to take sick leave, is there an obligation to provide benefits?

No. If the employee has no benefits (i.e., no insurance benefits), he or she does not become eligible for such benefits as a result of illness or because the individual’s employer takes precautionary measures to protect the workforce.

5. Might an employee be eligible for workers’ compensation payments if he or she contracts the influenza virus from a coworker?

If an employee believes his or her illness resulted from a work-related incident, the employee can file a workers’ compensation claim. Workers’ compensation benefits are administered by the U.S. Department of Labor, and each case will be judged on its own merit. To apply for workers’ compensation benefits, the employee must first contact his or her local servicing human resources office. Information on workers’ compensation benefits for Federal employees can be found at www.dol.gov/esa/regs/compliance/owcp/fecacont.htm.

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Furlough Issues during a Pandemic

1. If an agency/facility/or geographic region is quarantined, may an agency furlough its employees to place the employees in a temporary non-pay, non-duty status?

Yes. The usual regular and emergency furlough provisions could apply in this situation. OPM’s Website provides extensive furlough guidance at www.opm.gov/furlough/furlough.htm.

2. If an agency decides to furlough employees as a result of a pandemic, may the employees choose to take annual leave instead?

Yes, an employee may request annual leave in lieu of furlough in this situation.

3. Are employees entitled to unemployment compensation while on furlough?

It is possible that employees may be eligible for unemployment compensation, especially if they are on consecutive furlough days. State unemployment compensation requirements differ. Agencies or employees should submit their questions to the appropriate State office.

4. What happens to employees’ health and life insurance benefits during a furlough?

For health benefits, enrollment continues for no more than 365 days in a non-pay status. The non-pay status may be continuous or broken by periods of less than four consecutive months in a pay status. The Government contribution continues while employees are in a non-pay status. The Government also is responsible for advancing from salary the employee share of premium. The employee can choose between paying the agency directly on a current basis or having the premiums accumulate and be withheld from his or her pay upon returning to duty.

For life insurance, coverage continues for 12 consecutive months in a non-pay status without cost to the employees or to the agency. The non-pay status may be continuous or it may be broken by a return to duty for periods of less than four consecutive months.

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Miscellaneous Questions

Overtime

1. What are the rules about the number of overtime hours a supervisor may require employees to work?

Although salary caps may apply to certain employees, statutory or regulatory limits do not apply to the amount of overtime work a manager may require an employee to perform. During an emergency, the Secretary or her designee(s) may authorize biweekly and/or yearly salary cap waivers as circumstances require. Employees may be excused from overtime work for reasons such as illness or the illness of a family member, and should discuss this with their supervisor as needed. For information on computing overtime pay, see www.opm.gov/oca/pay/HTML/FACTOT.asp and www.opm.gov/oca/pay/HTML/computeflsa.asp.

If an employee refuses to perform overtime work, the agency may discipline the employee for failure to report for scheduled overtime duty.

2. [hypothetical] I am working from home because of a pandemic influenza. I chose to work 4 hours in addition to my regular 8-hours-per-day work schedule. May I receive overtime pay for the additional 4 hours I worked?

Employees should not work extra hours at home without first obtaining the express permission of their supervisor. Overtime pay generally is required under the Fair Labor Standards Act (FLSA) and 5 CFR 551.501 when Federal FLSA-covered (nonexempt) employees are required to be on duty beyond 8 hours a day or 40 hours a week, assuming the supervisor knows of the work or has reason to believe the work is being performed. Depending on the circumstances, an FLSA-covered employee who is permitted to telework at home and chooses to work additional hours without the knowledge or approval of his or her supervisor may not earn overtime pay as a result of “suffered or permitted” work. (Under the “suffered or permitted” concept, any work in excess of 40 hours a week performed prior to or after established shift hours or during a prescribed lunch period by an employee for the benefit of the agency, whether requested or not, is working time if the manager or supervisor knows of the work or has reason to believe it is being performed.) For employees exempt from the FLSA, overtime pay generally is required by 5 U.S.C. 5542 when hours of work in excess of 8 hours a day or 40 hours during an administrative workweek are officially ordered or approved in writing and performed by the employee. For other situations, please check with your servicing Human Resources Office.

3. May management direct an employee to work on a Saturday or Sunday if the employee’s normal work schedule is Monday through Friday?

Yes. Changes in an employee’s work schedule are within the discretion of the employing organization, as long as the changes are consistent with law, regulations, and any applicable negotiated agreement. In addition, management may require employees to perform overtime work. There is no limit in law or regulations on the amount of overtime work required each day or on weekends; however, certain limitations on pay may apply. During an emergency, the Secretary or her designee(s) may authorize biweekly and/or yearly salary cap waivers as circumstances require. For additional information, see www.opm.gov/oca/pay/HTML/FACTOT.asp and contact your supervisor or your servicing human resources office.

Hazardous Duty Pay or Environmental Differentials

1. May employees receive hazardous duty pay or environmental differential pay for potential exposure to pandemic influenza?

No. There is no authority to pay hazardous duty pay (HDP) or environmental differential pay (EDP) for potential exposure to pandemic influenza. HDP for white-collar employees and EDP for Federal Wage System employees is additional pay for job-related exposure to hazards, physical hardships, or working conditions of an unusually severe nature which cannot be eliminated or significantly reduced by preventive measures (e.g., safety equipment, protective clothing). HDP and EDP are not intended to compensate employees for exposure to a safety risk unrelated to their assigned duties.

Awards

1. How can management reward employees who worked during an emergency?

Managers may use their normal awards programs to recognize exceptional contributions to the organization. The variety of awards is the same as those generally available under current law and regulations. For additional information, see www.opm.gov/perform/reward.asp, www.opm.gov/perform/faqs/faqs.asp.

Workers’ Compensation

1. If I’m asked to work during the pandemic and I contract the flu while at work, will I be covered by workers’ compensation?

If an employee or the family of an employee believes illness or on-the-job death resulted from a work related incident, they will be able to file a workers’ compensation claim. However, the Department of Labor makes determinations on entitlement to workers’ compensation, and each case is judged on its own merits. To apply for workers’ compensation benefits, contact your local servicing human resources office. Information on workers’ compensation benefits for Federal employees can be found at www.dol.gov/esa/regs/compliance/owcp/fecacont.htm or by telephone at (866-OWCP-IVR (866-692-7487).

Death-Related Issues

1. If I die from the flu, what procedures should my family follow to collect any benefits to which they are entitled (FELGI, unused leave, last pay check, etc.)?

Your family should work with your supervisor to apply for agency benefit payments. Information about benefits eligibility can be found in the guide entitled, “What You and Your Family Need To Know About Your Federal Benefits During an Emergency.” (PDF, 14 pages - 89 KB ) This guide has extensive information on procedures for distribution of benefits.

2. If I supervise an employee who dies because of the flu, what should I do with the employee’s records and personal effects or to help the employee’s family?

Contact your agency’s human resources office if you need guidance on the procedures for the distribution of personal effects, records, and resolution of family matters. Also, direct the deceased employee’s family to the Internet guide entitled, “What You and Your Family Need To Know About Your Federal Benefits During an Emergency.” (PDF, 14 pages- 89 KB ) The guide discusses the procedures involved in obtaining benefits for the family after an employee dies.

Work Schedules

1. Can agencies modify an employee’s hours of work to accommodate employee and mission needs to avoid unintended overtime costs?

Changes in an employee’s work schedule are within the discretion of the employing agency, as long as the changes are consistent with law, regulations, and any applicable negotiated agreement. In addition, agencies may require employees to perform overtime work. There is no limit in law or regulations on the amount of overtime work that may be ordered each day or on weekends. For additional information, see http://www.opm.gov/oca/pay/HTML/FACTOT.asp.

This document provides general guidance only for employees covered by Title 5, United States Code, and does not, and is not intended to create or violate any legal rights.

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