Medically Mandated or High Risk · 4/13/2020 · : Medically mandated employees are mandated or are recommended by their health care provider to remain at home due to being exposed

Coronavirus (COVID-19) FAQ’s Updated April 13, 2020

1

Medically Mandated or High Risk Question 1: An employee provided a note from the doctor stating they are not allowed to work because they fall within a high-risk category. Does this fall under “medically mandated” and the employee will be paid Administrative Leave?

Answer: No, a note from the doctor stating an employee is not allowed to work because they fall within the high-risk category does not fall under “medically mandated.” Employees who are medically mandated by a health care provider or the health care provider recommends the employee to remain at home due to being exposed to, diagnosed with, at high-risk, or is displaying symptoms of COVID-19 shall be encouraged to telework if the position is suitable for telework, teleworking supplies such as laptops and cell phones are available, and the network is adequate and is allowed by the health care provider. If telework is unavailable or the employee chooses not to telework, they may use accrued leave, borrow leave or request donated leave as outlined in their collective bargaining agreement’s Letter of Agreement or policy under the category of “Employees with Compromised Immune Systems or High Risk.”

Question 2: Do we need to verify an employee is in a “high-risk” category before treating them as such?

Answer: No. The LOA does not require that the agency verify an employee is in a high-risk category, and CHRO advises against this. The agency may, however, ask for a note from a medical professional when an employee designated as “essential personnel” states they cannot work due to falling in a high-risk category.

Question 3: What does it mean to self-quarantine?

Answer: Self-quarantine is when the employee themselves decide they believe they have been exposed, are at high risk, or are having symptoms of COVID-19 and want to stay home to minimize the risk of transmission to others. In this case, they have not been told by a medical professional to quarantine.

An employee that self-quarantines should be encourage to telework, however if telework is unavailable or the employee chooses not to telework they must use their accrued leave or leave without pay for the duration of the self-quarantine. A self-quarantine period is presumed to be a single continuous 14 day incubation period with the understanding that this period may need to be extended in certain circumstances.

Question 4: What sort of documentation does an employee need to provide for the ‘medically mandated’/have been exposed situation?

Answer: A note from the employee’s healthcare provider may be requested if the employee is medically mandated to work from home due to being exposed to COVID-19 or displaying COVID-19-like symptoms. A note from a healthcare provider is not needed for employees wishing to self-quarantine due to exposure or who are quarantined due to being high risk.

https://www.oregon.gov/das/HR/Pages/LRU.aspx


2

Question 5: What if an employee tells us they have people in their home who are at high risk?

Answer: Employees who live with others who are at high-risk and who wish to stay home shall be encouraged to telework. If telework is unavailable or the employee chooses not to telework, they may request to use vacation leave or personal business.

Question 6: What applies to the employee who wishes to stay home to avoid exposure for their household member?

Answer: Employees may request to telework. If telework is unavailable or the employee chooses not to telework, they may request to use vacation leave or personal business.

Question 7: My employee shared that they live with others in their household who are considered high risk. Would the employee be considered “employees with compromised immune systems and high risk groups.” Should they be encouraged to “self-quarantine”?

Answer: No, they would not be considered to be “employees with compromised immune systems and high risk groups.” Unless they themselves actually have a compromised immune system or are over 60 years old, they are not “high risk” employees. If they believe they have been exposed to COVID-19, they may request to telework. If telework is unavailable or the employee chooses not to telework, they may request to use vacation leave or personal business.

Question 8: Who determines if an employee falls into a High-Risk Group?

Answer: Generally, the employee will self-identify that they are high risk. An employee may also provide a doctor’s note medically mandating them to remain at home. Employees may telework, or they may use accrued leave, borrow leave or request donated leave as outlined in their collective bargaining agreement’s Letter of Agreement or policy under the category of “Employees with Compromised Immune Systems or High Risk Group.” It is advisable to be as generous as possible in granting the ability to telework.

Question 9: With respect to employees with compromised immune systems and high-risk groups, sick leave must be reduced to 40 but VA can be any accrual balance in order to be eligible for donated leave?

Answer: All accrued leave must be exhausted, with the exception of up to 40 hours of sick leave, prior to requesting donated leave.

Question 10: If an employee is being tested for COVID-19 and requested by their doctor to remain at home for 72 hours after resolution of fever and symptoms. Do we assume the employee has been exposed and therefore medically mandated to remain at home?

Answer: Yes. You can assume that employee is medically mandated to remain at home and therefore they fall in that group and would get paid administrative leave.

Question 11: What is the distinction on medically mandated versus high risk/immune compromised in relation to the LOA and policy?

Answer: Medically mandated employees are mandated or are recommended by their health care provider to remain at home due to being exposed to COVID-19 or displaying COVID-19 symptoms. Those who are high risk/immune compromised may self quarantine or remain home at the recommendation or mandate by their health care provider.



3

Donated Leave

Question 1: Can sick leave be donated to staff for reasons other than those related to COVID-19?

Answer: No, currently the ability to donate sick leave is specifically related to the COVID-19 pandemic. Question 2: Can employees donate comp time?

Answer: Yes. While the LOA states it allows for sick, vacation, and/or personal leave to be donated, employees can also donate comp and straight time.

Question 3: As for the hardship donations, do employees still need to meet the 30 consecutive day requirement?

Answer: No. Unrepresented, management service and executive service employees do not have to meet the 30 consecutive day requirement. CHRO is currently researching the impact on represented employees. The LOA’s suspends hardship leave donation requirements for leave related to COVID-19.

Question 4: Are all employees in each category able to get donated leave if exhausted?

Answer: AFSCME and SEIU-represented employees, and classified unrepresented, unrepresented temporary employees, management service, and unclassified executive service employees may request donated leave after all accrued leave has exhausted with the exception of 40 hours of sick leave.

Question 5: Does donated leave still require an approved FMLA/OFLA event, or is the donated leave language applicable in all situations?

Answer: Per AFSCME, SEIU, and the Donated Leave policy, employees do not have to be on an approved FMLA/OFLA event to receive donated leave.

Question 6: Can compensatory time and straight time be donated?

Answer: Sick leave, vacation leave, personal business compensatory and straight time may be donated.

Question 7: Can an employee first ask for donated leave (keeping only 40 hrs SL), use all donated leave, and then exhaust their banked 40 hours in order to borrow leave? Once they use the borrowed leave, can they then ask again for donated leave in order to repay the borrowed leave?

Answer: Yes, they can. However, the employee will only be credited the actual amount of donated leave to cover the period of absence. The key is that the donation requests must be tied to the current public health situation.


4

Question 8: Are unrepresented limited duration employees and/or unrepresented trial service employees eligible for donated leave, the additional leave benefits, and the borrowing against future accruals?

Answer: Yes, they are. The purpose of the LOA and the policy change is in part to accommodate for employees that may be new to state service and who do not have leave available to use during this emergency.

Question 9: For employees who have been approved for donated leave for conditions other than the specific scenarios outlined in the COVID-19 LOAs, can employees donate SL and PB to them as well now, until the LOA expires? Or do they follow the standard rules and only CT and VA can be donated?

Answer: No, currently the ability to donate sick leave and personal business is specifically related to the COVID-19 pandemic.

Question 10: Can an employee who has received donated leave use that leave intermittently? Ie. May an employee telework for 4 hours and then spend 4 hours of the leave donated to them to care for their children that are out of school due to school closure?

Answer: Yes, the employee must work with their manager to ensure the time is coded and tracked appropriately.

Question 11: Is there a process defined for employees to donate/ borrow leave?

Answer: Yes, donated leave may be requested, donated and used in Workday. Employees may also request to borrow leave in Workday under the Requests worklet. Job aids are available on the Workday website for these processes.


5

Borrowed Leave Question 1: If someone borrows leave and then decides to quit and they still owe repayment of the borrowed hours do we take that from their last check?

Answer: No, if an employee separates prior to being able to repay the borrowed leave it will not be taken from their final check. CHRO has received advice from DOJ that under current law there are limited reasons that money can be collected back from a final paycheck.

Question 2: Will the borrowing of leave and paying back leave process be automated via Workday, payroll or time systems?

Answer: Employees may borrow leave in Workday. Agency payroll staff will facilitate the repayment of leave.

Question 3: Can an employee borrow 80 hours per month for up to 5 months?

Answer: No, an employee may borrow five (5) months of leave up to 80 hours total.

Question 4: Are employees in all of the categories allowed to borrow the 5 months of leave?

Answer: AFSCME and SEIU-represented employees, and classified unrepresented, management service, and unclassified executive service employees may borrow five (5) months of leave.

Question 5: How will employees repay the leave they borrow?

Answer: Employees may borrow sick leave or vacation leave or a combination thereof against future leave accruals. This leave will be paid back at a rate of 50% of the amount of hours borrowed per month. Payback begins the month after the employee has returned. Employees on approved FMLA/OFLA may delay repayment until they are no longer on such leave or one year, whichever comes first. The concept is aimed at employees who are new to the workforce who may be high risk and who don’t have leave accruals.

Question 6: Does an employee need to request it all at one time or can they submit multiple requests? If more than one request can be made, who will track this to ensure they stay below the max?

Answer: There are no restrictions on the number of requests an employee may make. However, they may not exceed borrowing up to five (5) months’ worth of future leave, and the leave borrowed may not exceed a total of eighty (80) hours. We are currently working on a process to track these requests. Payroll will ensure borrowed leave does not exceed five months.

Question 7: If the employee is on intermittent leave, do we start recouping the leave the month following the leave advancement even if they are borrowing more leave in that month?


6

Answer: Yes, as leave may be used intermittently, the employee begins repaying the leave the month after it is used.

Question 8: Are new hires on trial service allowed to borrow against future leave or get donated leave?

Answer: Yes, new hires on trial service are allowed to borrow against future leave and request donated leave.

Question 9: Are unrepresented limited duration employees and/or unrepresented trial service employees eligible for donated leave, the additional leave benefits, and the borrowing against future accruals?

Answer: Yes, they are. The purpose of the LOA and the policy change is in part to accommodate for employees that may be new to state service and who do not have leave available to use during this emergency.


7

Leave without Pay (LWOP) Question 1: Does an employee receive pay for a holiday if they are in leave without pay during this emergency?

Answer: Holidays will be paid according to collective bargaining agreements and policy. Question 2: Can employees use LWOP if they still have sick leave, vacation leave and personal business on the books if they miss work due to school closures, being self-quarantined or home due to having a compromised immune system or being in the high risk group?

Answer: No, all accrued leave must be exhausted prior to entering into leave without pay.


8

Telework Question 1: An employee submitted a request to telework. What is the review process?

Answer: If not already completed, management will review the duties of the position and determine if it is suitable for teleworking. If appropriate, an employee may telework provided they have their supervisor’s approval, if telework resources are available, and if the network can accommodate it.

An employee whose doctor has determined they are unable to work may not telecommute.

For the period of March 1, 2020, through at least June 30, 2020, employee telework requests will be presumed to be acceptable unless denied within seventy-two (72) hours of the request.

Telework shall only be denied for the following reasons:

• position is not suitable for telecommuting or telework; or • lack of telework equipment including, but not limited to, laptops, cell phones, or network

adequacy.

Question 2: What are the reasons telework may be denied?

Answer: Telework shall only be denied for the following reasons:

• position is not suitable for telecommuting or telework; or • lack of telework equipment including, but not limited to, laptops, cell phones, or network

adequacy.

Question 3: If a request to telework is denied, what should be included in the denial?

Answer: Denials must be written and include specific details to adequately explain the rationale. The position is not suitable for telecommuting or telework; or There is a lack of telework equipment including, ie. laptops, cell phones, or network adequacy. An employee may appeal a denial directly to DAS LRU within five (5) calendar days of receipt of the decision using the telework denial appeal form.

Question 4: May an agency require an employee complete a telework agreement?

Answer: Yes. But agencies have the ability to waive this requirement. Question 5: If not enough equipment is available to approve all who request to telework, what process may be used to determine who may telework?

Answer: There is not set criteria. However criteria may include: 1. Employees in high-risk groups (over 60 and those with serious chronic medical conditions). 2. Employees whose work is critical to the continuity of operations (essential personnel). 3. Employees whose work needs to continue to support those operations.

https://www.oregon.gov/das/HR/Documents/Telework%20Denial%20Appeal%20Form.pdf


9

Question 6: Can employees who are medically mandated to be at home because they have been exposed to COVID-19 telework?

Answer: Yes, however, the employee must have approval from the doctor to telework. Question 7: If an employee who is teleworking needs to take time to care for a child, must leave be taken or can their work schedule be adjusted with approval by the supervisor?

Answer: When working remotely, employees keep track of the time when they are not engaged in work and report such time to their supervisor, and code their time accordingly. An employee may flex their schedule with approval from their supervisor.

Question 8: If an employee approved to telework is unable to perform work due to technology issues, how do they code their time?

Answer: If the employee is approved to telework and they are unable to perform work due to technology issues, we recommend the employee and the supervisor work together to identify work they can still perform when there are system problems. If there is no longer work the employee can perform remotely, the employee’s telework is then denied and the employee should be directed to return to the office to work. If the employee is unable to return to the office due to a worksite closure, then follow the LOA or policy regarding closure.

Question 9: What options does an agency have if there are not enough people to perform the essential functions offsite due to technology limitations?

Answer: In order to deliver services, employees may need to be re-designated as essential and report to work if alternatives are not found.

Question 10: May an employee refuse to work from home?

Answer: We are not requiring telework, but we are encouraging it. Barring knowledge that the employee has been diagnosed with COVID-19, a decision to send the employee home or a worksite closure, the employee can continue to work in the office.

Question 11: May we mandate an employee to telework?

Answer: We are not mandating employees to telework, but we are encouraging it. If an employee declines to telework and it is available, they may continue to work in the office while the office is closed to the public. If the office is completely closed and not conducting business then see the building closure provisions in the Temporary interruption of employment policy.

Question 12: What if we only have telework on a part-time basis and no other work within the agency, would we initiate the Temporary Interruption of Employment.

Answer: We are encouraging telework to the extent possible if suitable and if equipment available. Employees can still come into the office if there is work to be done as long as social distancing policies can be maintained. As far as not having enough work, we need to work with our managers to make sure they feel supported to see what work can be assigned. Have conversations with mangers to see about other work that may be done. How can the employees help out? We need to be creative: identify what work can be done. Maybe look at work that we haven’t been able to do, manuals, shredding, filing. There is work that can still be performed.


10

Question 13: Can an employee be required to use their personal computer or cell phone to telework?

Answer: No, an agency may not require employees to use their personal equipment for teleworking.

Question 14: Can an agency offer to pay a flat monthly payment amount to cover personal cell phone use, or reimburse on a per call basis?

Answer: Please check with your agency’s accounting department.

Question 15: Under the LOA, does an employee have the right to request to telework simply because they want to telework, or do they need to have one of the one of the stated reasons, such as school closure issues, or an employee with a compromised immune system or high-risk group?

Answer: Under the governor’s Executive Order, they do not need one of those reasons. If they ask to telework and the work is conducive to telework, you have the equipment, and your network can handle it then they should be allowed to telework. We want to encourage teleworking but we are not mandating it.


11

Notice Of Exposure Question 1: An employee notified management they were exposed to someone who is diagnosed with COVID-19. Does management need to notify the other employees in the office within one day?

Answer: No, the requirement to notify employees they may have been exposed within one (1) day is only when the agency has knowledge an employee has been diagnosed with COVID-19 and knows that particular employees have been exposed to that individual.

Question 2: Do employees have a duty to report to their supervisor if they have been diagnosed with COVID-19?

Answer: Employees should follow current guidance from the Oregon Health Authority (OHA) regarding notification of possible exposure to their supervisor.

Question 3: Do employees have a duty to report to their supervisor if they have COVID-19 like symptoms?

Answer: Employees should follow current guidance from the Oregon Health Authority (OHA) regarding notification of possible exposure to their supervisor.

Question 4: If an agency has knowledge that someone who has a presumptive test or diagnosis for COVID-19 has been in contact with our staff, what should the agency do in response? Do they notify potentially exposed employees and clients? Should temporary closure of the facility and subsequent interruption of employment be considered?

Answer: Please refer to “Guidance for Agency Heads” document sent out on March 18, 2020. There will be additional information forthcoming that will help with the question, including scripts to use, additional guidance, forms.

https://govstatus.egov.com/OR-OHA-COVID-19



12

Business Operations Question 1: Can the way business is conducted be modified to reduce contact with the public?

Answer: Agency Executive teams and management will need to make these decisions regarding alternate methods of conducting business while continuing to provide high-quality customer service to the public while ensuring the safety of staff.

Question 2: Can employees work split or different shifts to reduce the number of people in the office at once?

Answer: Agency Executive teams and management will need to make these decisions regarding alternate methods of conducting business while continuing to provide high-quality customer service to the public while ensuring the safety of staff.

Question 3: If an employee requests to telecommute from an out-of-state location, does the agency still have to get a Workers Comp waiver from DAS Risk Management?

Answer: Yes, the current process for out-of-state teleworking applies. Question 4: How does an agency notify an employee of a possible exposure as outline in the LOA if they refuse to update their personal contact information in Workday?

Answer: Notifications may be delivered by email or in person, as well as by mail. Question 5: Are agencies still allowed to complete recruitment processes and hire employees?

Answer: Yes, agencies are still allowed to complete recruitment processes and hire employees. Interviews may be conducted virtually, by utilizing video interviews or by telephone. If in-person interviews are required, take the necessary precautions to ensure everyone’s safety (larger room for more distancing).

Question 6: Can an agency delay the start date of an employee who has already signed their offer letter even if the worksite is open because those needed to on-board or train are not in the office? What if we have already completed the hire process in Workday?

Answer: All possible steps should to be taken to begin their employment as offered. If this is not possible, an amended offer letter may be issued. Contact [email protected] if you need assistance.

Question 7: What about office supplies if employee is working from home? Do we reimburse the employee?

Answer: Agencies will need to discuss their protocols and expectations. For instance, if employee needs to print, what is the printing protocol and the expectation of the agency? When printing employees may be printing confidential information which will then need to be destroyed.

Question 8: Any advice on starting a new employee without saying there is a hiring freeze

Answer: If new employees are starting, they may work and be trained remotely. We are not in a hiring freeze The EO does not say employees cannot come into the office. If it necessary for employees to come into the office they must keep social distance.

mailto:[email protected]


13

Essential Employees Question 1: What is the definition of an “Essential employee?”

Answer: Essential staff are those staff necessary to accomplish essential agency functions during an agency/worksite closure or emergency. Depending upon the position, essential staff may be required to work on site or may be allowed to telework.

“Non-essential staff” are staff that in the event of an agency/worksite closure or emergency, are not necessary to accomplish essential agency functions and are allowed to be off work in accordance with various State HR policies and collective bargaining agreement provisions.

That is not to say non-essential staff are not an important part of our state workforce, but in the event of an agency/worksite closure or emergency, we are trying to ensure we limit risk and exposure while still being able to provide essential services to the public.

“Essential agency functions,” are the core functions directly related to the purpose for the creation and existence of the agency and are identified in an agency’s COOP.

Question 2: Management has designated an employee as “essential” and the employee wants to appeal that decision. Where does that appeal go?

Answer: During this Governor declared State of emergency, management may change an employee’s status to essential at any time. After an employee’s status has been changed to essential, the employee will have 24 hours from the time they are notified of their new status to appeal that decision based on health conditions, such as immune system, respiratory issues, or heart conditions. Such appeals will go to the agency’s Human Resources Department. The Human Resources Department shall respond in writing within five (5) working days to the employee and management regarding the outcome of such appeals. This answer is not subject to the grievance procedure.

If someone designated as an essential personnel appeals the decision based on being in a high-risk group, the agency can ask for a doctor’s note for confirmation of this. If the employee currently has a FMLA/OFLA designation for a serious health condition, as described above, the agency can use that documentation.

Question 3: While an employee has appealed their designation as “essential,” and the building is closed to all but essential personnel, do they report to work?

Answer: Yes, unless there is some other reason such as sick leave or being medically mandated to stay home.

Question 4: Do all non-essential staff receive two weeks of paid administrative leave if their worksite is closed?

Answer: Teleworking is encouraged, provided the employee is approved to telework. If no telework is available, employees may receive up to two weeks of paid administrative leave.


14

Question 5: During this state of emergency, are essential staff whose required attendance would result in exceeding 350 hours of accrued vacation leave still required to have a vacation request denial from their manager to have up to 60 hours of vacation paid?

Answer: No. Question 6: Does the LOA does pertain to both non-essential staff and essential staff?

Answer: Yes.

Question 7: Are essential employees able to borrow or donate leave?

Answer: Yes, if essential staff meet the criteria, they can borrow or donate leave.


15

Paid Admin Leave

Question 1: Does an agency issue letters for those on paid admin leave?

Answer: No. Normally, we would require a letter for those on paid admin leave. However, under the medically mandated provision of the LOA and policy, you do not need to issue letters.

Question 2: Is there currently a cap on paid administrative leave at this point?

Answer: At this point there is not a cap on paid administrative leave for staff that have been medically mandate to stay home and not work. Worksite closure provisions of the LOA and the Policy limit paid administrative leave to 2 weeks.


16

FMLA/OFLA Question 1: Will hours an employee misses work due to being ill with COVID-19 or COVID-19 like systems be counted against their FMLA/OFLA entitlement?

Answer: The Family and Medical Leave policy is still in place and leave designated under the policy will be deducted from an employee’s entitlement.

Question 2: Will agency’s still be processing FMLA/OFLA for all situations that qualify?

Answer: Yes. Question 3: Where can an employee find information on the how the new temporary OFLA sick child rule regarding school closures?

Answer: Please see Addendum A to the Family and Medical Leave policy for information on how this effects our workforce.

Question 4: Do employees who take leave under the new temporary BOLI OFLA sick leave child rule still have to meet OFLA eligibility?

Answer: Yes, employees still have to meet the eligibility requirements.


17

Closures

Question 1: What is the difference between an “agency/worksite closure,” and when an agency building is closed to the public as described in the governor’s executive order?

Answer: An “agency/worksite closure,” is when the normal operations of the agency are shut down and only essential staff are required to perform their duties either by coming into the worksite or working remotely as applicable.

The Governor’s executive order closing executive branch buildings to the public is not an agency or worksite closure. It means that members of the public are not generally able to come into the state buildings, but State employees both essential and non-essential staff are able to work in the building and carry on the regular business of the agency to the degree possible while maintaining appropriate social distancing policies.

Question 2: If employees are able to telecommute, may they continue to telecommute during a building closure, or is everyone on paid admin leave for the first two weeks with no one working except essential personnel?

Answer: Employees who are approved to telecommute may continue to telecommute during a building closure. If teleworking is not available, employees will be placed on paid administrative leave up for to two (2) weeks. Thereafter, use of inclement weather/hazardous conditions leave for building closures or curtailments will be determined as outlined in Inclement Weather/Hazardous Conditions provisions in collective bargaining agreements and State HR Policy 60.015.01, Temporary Interruption of Employment.

Essential personnel may be required to report to the worksite or telecommute.

Question 3: May an employee take leave as outlined under “School Closures” if they are not yet of school age and their daycare provider closes?

Answer: Yes.

Question 4: Does the portion of the LOA titled Worksite Closures apply to individual worksite closures or to only a full Agency closure?

Answer: The LOA applies to both to individual worksite closures or to only a full Agency closure.


18

LOA Questions Question 1: Are temporary employees covered by the LOA?

Answer: Temporary employees in agencies covered by AFSCME are not covered by the AFSCME LOA. However, they are covered under the Temporary Interruption of Employment policy Addendum A. SEIU temporary employees are covered under the SEIU LOA.

Question 2: Does the LOA cover SEIU only? SEIU and AFSCME or ALL state agencies?

Answer: The LOA’s cover AFSCME and SEIU employees; the policy addendum covers classified unrepresented, unrepresented temporary, management service, and unclassified executive service employees.

Question 3: Is there any special coding to track time used under this LOA?

Answer: Not at this time but Payroll and Workday are working on this. Question 4: May an employee take leave as outlined under “School Closures” if their children are not yet of school age and their daycare provider closes?

Answer: Yes.

Question 5: Does the portion of the LOA titled Worksite Closures apply to individual worksite closures or to only a full Agency closure?

Answer: The LOA applies to both to individual worksite closures or to only a full Agency closure.

Question 6: Is there a distinction in Workday between annual request for VA payout vs. essential and in danger of losing (in LOA)?

Answer: There isn’t a distinction, it’s a request for vacation payout and there is a box where they can explain why they are requesting it.


19

Miscellaneous Question 1: Will parking be reimbursed for daily commuters who cannot (or will not) take public transportation?

Answer: Not at this time. Question 2: Are there any agreements arranged or in the works to “relax” the hour limitation for state temps, for both PERS retiree and non-retiree assignments?

Answer: Not at this time

Question 3: Will essential staff who are at risk of exceeding the maximum allowed vacation time accrual have to cash out or can they continue to accrue without loss?

Answer: Only employees who are designated as essential staff may request a vacation payout without having to request vacation or have a vacation request denied. The maximum vacation payout request is still 60 hours.

Question 4: Can an agency deny donated leave due to funding restrictions, i.e. they have dedicated grant funding that cannot be used outside the purposes of the grant award.

Answer: Any restrictions of donated leave due to funding requirements remain in place.

Question 5: Can an agency reassign staff?

Answer: Yes, and agency can reassign an employee to perform duties of another position in the agency within the same salary range or below.

Question 7: What happens if employees fall below the minimum 80 hours necessary to be eligible for benefits due to coronavirus situations?

Answer: We are currently exploring how PEBB benefits will be impacted in this case.

Question 8: Will parking lots remain open in the capitol mall?

Answer: Yes

Question 9: If the only way to provide services to the public in the field is face to face and if the field office is closed because of that reason, does that start the layoff process?

Answer: At this time a layoff is not being contemplated. Agencies could look at reassigning the employee elsewhere if possible. Agencies should consider if there is there any work the employee can do on a temporary basis. If no work, they would fall under the building closure portion of the LOA and would get Paid Administrative Leave for 2 weeks. After 2 weeks, we would look at the CBA inclement weather for building closure.

Question 10: What if an employee is not in a stability period and they do not meet the 80 hour requirement for health insurance? Timelines? When can we expect more information?

Answer: PEBB is reviewing this and having internal conversations. When we have more information, we will share.


20

Question 11: What if there is an employee who lives in a bordering state and works in Oregon, and there is a Shelter in Place order in their home state. Can they still come to work?

Answer: We advise they reach out to their home state for advice. Currently, California, Washington, and Oregon have “stay at home” orders, which is a bit different than “shelter in place.”

A “stay at home” order the employee may to travel and from work. If the employee is not essential staff, then the employee will need to follow the policies and procedures the agency has in place regarding teleworking, etc.

A “shelter in place” completely restricts travel (even for essential staff) to and from work.

Question 12: Do employees need some form of documentation or essential personnel authorization to drive to and from work while the state is under the governor’s Stay at home order?

Answer: No, OSP has put out a public service announcement that people don't need "papers" to travel to and from work

Question 13: Will employees, including managers, be receiving hazard pay during this time?

Answer: No


21

Important Websites

• Labor Relations/Letters of Agreement: https://www.oregon.gov/das/HR/Pages/LRU.aspx

• Temporary Interruption of Employment Policy: https://www.oregon.gov/das/Policies/60-015-01.pdf

• Temporary Interruption of Employment Toolkit (Addendums, leave guide): https://www.oregon.gov/das/HR/Pages/TIE.aspx

• Employee Work Related FAQ: https://www.oregon.gov/das/pages/coronavirus-state-gov-employee.aspx

• Employee Leave Related Chat Bot: https://www.oregon.gov/das/Pages/Covid-19-Chat-Bot.aspx

• Oregon Health Authority: https://govstatus.egov.com/OR-OHA-COVID-19

• Governor Brown’s Executive Order: https://www.oregon.gov/gov/Documents/executive_orders/eo_20-12.pdf


https://www.oregon.gov/das/Policies/60-015-01.pdf

https://www.oregon.gov/das/HR/Pages/TIE.aspx

https://www.oregon.gov/das/pages/coronavirus-state-gov-employee.aspx

https://www.oregon.gov/das/Pages/Covid-19-Chat-Bot.aspx


https://www.oregon.gov/gov/Documents/executive_orders/eo_20-12.pdf