Frequently Asked Questions About H1N1 Virus & Work
- What will happen to my benefits in the event my accruals, paid leave, and/or FMLA leave run out before I am able to return to work?
- How does Workers' Compensation apply in a pandemic situation?
- Can I apply for Long-Term disability (LTD)?
- Will established absentee guidelines/policies/procedures be followed?
- Can employees be sent home if they are sick?
- Can employees be asked why they are sick, i.e. flu related?
- Can I adjust my work schedule or telecommute during a pandemic situation?
- Can my supervisor mandate that I cancel my vacation?
- Can I be required to report to work during a pandemic situation?
- If I am required to stay home, will I get paid?
- Can employees be asked to work outside their job classification and/or in another department?
- Should departments/units ask for employee contact information? Can it be required for emergency purposes only?
I. Benefits
A: Employees who are unable to return to work due to illness and who have exhausted their accrued leave, paid leave, and FMLA leave (if applicable) may request to be placed on an unpaid leave of absence. Support staff must exhaust their accrued sick leave credits (due to illness/disability) and may choose to use their vacation credits prior to being placed on an unpaid leave of absence for up to two years. Faculty/academic staff may request a leave of absence without pay for up to two years.
Employees who are placed on an unpaid leave of absence will have the following impact on their benefits:
- Employees may continue benefit coverage during an unpaid leave of absence by making full premium payments. This applies to health and dental plans, Employee-Paid Life, and Accidental Death and Dismemberment (AD&D) (note: see #3 for faculty/academic staff dental contributions.)
- All retirement contributions are suspended during the unpaid leave period. This applies to support staff and faculty/academic staff.
- The University contribution toward the dental premium continues for up to 24 months for faculty/academic staff who are on an unpaid leave of absence.
Q: How does Workers' Compensation apply in a pandemic situation?
A: Workers’ compensation is a system established by state law that provides wage replacement, medical, and rehabilitation benefits to workers who are injured on the job. Because it is extremely difficult to trace the origin of a communicable disease, an illness such as the flu is usually not a covered illness.
Q: Can I apply for Long-Term disability (LTD)?
A: To be eligible for LTD, you must meet the definition of a disability, as defined by the University’s long term disability insurance carrier. For eligible employees, benefits normally begin following the completion of 180 days of continuous disability if unable to work due to sickness or bodily injury.
“Disability” or “disabled” is defined by the University’s insurance carrier as: for the first 30 months of disability, being completely unable due to sickness, bodily injury, or pregnancy to perform the material and substantial duties of your normal occupation and not performing any other occupation; and after the first 30 months, being unable due to sickness, bodily injury, or pregnancy to perform the material and substantial duties of any occupation for which you are reasonably qualified by education, training, or experience.
II. Family Medical Leave (FMLA)
Q: Can I apply for FMLA if I contract the flu or if I have a family member who is ill?
A: Ordinarily, unless complications arise, the flu does not meet the definition of a serious health condition under the FMLA. A serious health condition entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.
If an employee is granted FMLA leave, the FMLA leave runs concurrent with existing paid/unpaid leaves of absence taken for FMLA-qualifying purposes. Health, prescription, and dental benefits will continue with the normal University and employee contribution(s) for the duration of the FMLA leave, even if the employee’s paid accruals have been exhausted.
III. Unemployment Compensation
Q: How will unemployment compensation apply in a pandemic situation?
A: If the employee is out of work due to illness, he/she would generally be ineligible for unemployment benefits because one must be able and available for full time work in order to be eligible for benefits. If the employee is out of work due to his/her own choice, he/she would likely be ineligible for benefits because he/she would not be considered unemployed through no fault of his/her own. If the employee is able to work, but out of work due to layoff (lack of work, lack of funds, other cause) he/she would likely be eligible for benefits.
IV. Attendance Procedures
Q: Will established absentee guidelines/policies/procedures be followed?
A: Yes. Departments will be expected to maintain their existing departmental absence policies during a pandemic situation. Employees will continue to be responsible for complying with the established work schedule and existing absence reporting policies.
In the event that an employee wishes to stay home to avoid exposure, he/she is expected to comply with existing departmental policies. To be considered an authorized absence, the time off must be approved by the supervisor in advance. Pay for this time would be consistent with vacation or unpaid leave policies.
Q: Can employees be sent home if they are sick?
A: Yes, employees may be sent home if they are sick. Pay for this time would be consistent with sick leave, vacation or unpaid leave policies.
Q: Can employees be asked why they are sick, i.e. flu related?
A: Employees may be asked the reason for their absence only by the supervisor who has a reason to know.
Q: Can I adjust my work schedule or telecommute during a pandemic situation?
A: Where possible, schedules may be adjusted and telecommuting may be available subject to supervisory approval.
Q: Can my supervisor mandate that I cancel my vacation?
A: Yes, a supervisor may cancel or deny a request for vacation in order to meet the business needs of the unit.
Q: Can I be required to report to work during a pandemic situation?
A: Yes. While the safety of all employees is our first concern, the ability to maintain vital and critical functions may require certain employees to report to work. Precautionary measures will be discussed at the time a department makes this request.
Q: If I am required to stay home, will I get paid?
A: Pay for this time would be consistent with sick leave, vacation, or unpaid leave policies.
V. Departmental Operational Considerations
Q: Can employees be asked to work outside their job classification and/or in another department?
A: Yes, employees may be required to work outside of their job classification or department as deemed necessary. The college/department for which work is performed is responsible for compensation at the individual’s regular base rate for their original classification/appointment. Support staff represented by unions will be compensated in accordance with the terms of their collective bargaining agreement or existing practices.
Q: Should departments/units ask for employee contact information? Can it be required for emergency purposes only?
A: Yes. Departments should obtain emergency contact information for critical employees (i.e., those who are responsible for performing critical functions). Departments should also consider obtaining emergency contact information for all employees in order to communicate with employees in the event of a pandemic or other emergency. The context in which this information will be used should be disclosed to the employee.
VI. Payroll
Q: Will I get paid if the payroll department operations are suspended due to a pandemic situation?
A: An important component of each department’s pandemic planning is operational preparedness to identify its critical functions and the personnel required to carry them out. The Controller’s Office has conducted pandemic planning, including processing payroll in a timely manner. In the event this is not possible, communications will be issued via appropriate websites and emails providing relevant information.
Q: If campus or certain departments are suspended, how long will employees be paid?
