DODD H1N1 (Swine Flu) Information
Pandemic Flu - Frequently Asked Questions
What do we do with someone who comes to work sick? Or gets sick at work?
Sick employees should stay home. If employees who are sick come to work, they should be encouraged to take leave and go home.
We have received a number of questions regarding an appointing authority’s ability to require a sick employee to leave the workplace when the employee is visibly ill and refuses to leave. Currently, the only option available to appointing authorities in this situation is the use of administrative leave with pay. Prior to placing an employee on administrative leave for a pandemic-related issue, appointing authorities should contact the Office of Policy Development. This will ensure that the use of administrative leave for this particular issue is being applied consistently across agencies.
The Ohio Department of Administrative Services (DAS) has proposed statutory language that would authorize the Governor, in consultation with the Director of Health, to declare a health exigency that would allow appointing authorities to require employees to leave the workplace immediately when those employees are demonstrating symptoms that are analogous to a condition covered by the declared health exigency. That language has not been adopted yet and we will continue to keep you informed of its progress as it works its way through the legislative process.
What should we do if an employee has a confirmed case of H1N1?
Employees who are ill should stay home and focus on their recovery. At this time there is no need to report confirmed cases of H1N1 to DAS.
What information do we share with an ill employee’s co-workers?
None. If an employee becomes ill at work, or discloses that they have been confirmed with H1N1, it is important to practice appropriate privacy practices. Agencies should not disclose by name to other employees – in writing or verbally – that a colleague has been confirmed with the H1N1 virus. Agencies should encourage all of their employees to monitor their health on a daily basis and practice good personal hygiene and cleaning habits.
Who will tell us when to activate our plan?
That decision should occur at the agency level, since each agency will likely have its own unique staffing situation and demand for services. The decision to activate all or a part of your plan should be based upon your operational needs. Prior to fully activating your plan, your agency should notify the Interagency Coordinating Group.
What leave options are available?
Detailed information regarding available leave options was shared in the Administrative Leave section of the “Pandemic Planning for Ohio’s State Agencies” guidance document. Please see pages 38-42. Those leave options include:
- Sick leave
- Disability
- Vacation leave
- Comp Time
- Personal leave
- Family Medical Leave Act (FMLA)
- Leave without pay
- Leave donation
- Paid leave for disaster service volunteer
- Paid leave for service as an EMT or volunteer firefighter
- Administrative Leave
Can an employee use cost savings days to leave the workplace for pandemic-related reasons?
Agencies may allow exempt employees to use a CSD rather than taking sick, personal, or vacation leave. Such approval is subject to agency discretion.
Generally, bargaining unit employees will not be able to use a CSD rather than use sick leave since CSDs were established as a part of a canvass in advance. This may be an issue that is revisited in the case of a health exigency.
What if an employee has exhausted all of their sick leave?
An employee who has exhausted all of their sick leave may use personal leave, vacation leave, comp time, or may request to be absent from the workplace on a leave without pay. Employees who have no paid leave available may also be eligible to receive donated leave from a fellow employee if both the donating and receiving employee qualify for the donated leave program.
Will the state advance use of accrued leave?
No. At this time, there is no language to allow an employee to “borrow” against their future leave balances.
If an employee is on unpaid leave, are their benefits or standing impacted?
The normal leave without pay rules apply when an employee takes an unpaid leave of absence for pandemic-related reasons. Currently, the time an employee spends on an unpaid leave of absence counts as service time for the employee, provided the employee is properly returned to state service. An employee may continue to receive health insurance while on an unpaid leave of absence, but the employee is responsible for paying for both the employee and employer share of leave. Employees on unpaid leaves of absences do not accrue leave.
DAS has proposed language that would allow the Governor, in consultation with the Director of Health, to declare a health exigency that would allow appointing authorities to require employees who are demonstrating symptoms that are analogous to a condition covered by the declared health exigency to leave the workplace immediately. Employees who are sent home pursuant to this language would not see an impact to their leave accruals. The appointing authority would also continue to be responsible for paying the employer’s share of health insurance premiums for employees sent home pursuant to this language. This language has not been adopted yet and we will continue to keep you informed of its progress as it works its way through the legislative process.
Do I need to submit my agency’s teleworking plan in advance?
If you are interested in including a teleworking plan as a part of your agency’s Pandemic Plan, please utilize the guidance that is found on pages 16-17 in the “Pandemic Planning for Ohio’s State Agencies” guidance document.“ Your plan should be submitted as a part of your agency’s pandemic plan and will be reviewed by the Office of Policy Development as a part of the overall review of your agency’s plan.
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