I-2020-5
| Effective Date: | Expiration Date: | Chapters: |
| March 11, 2020 | March 23, 2020 | 8 12 20 |
The Department of Human Resources (DCHR) is releasing this guidance to assist agencies and employees in responding to concerns about exposure to the Coronavirus Disease 2019 (COVID-19) and to preserve the continuation of government operations while such concerns exist. The Mayor has established a Human Resources and Workforce Policies working group of key agencies to determine what human resources (HR) guidance is needed in response to COVID-19. After discussions with the working group, DCHR determined that detailed guidance on HR flexibilities was needed.
A wide range of HR flexibilities and authorities are available to assist employees and agencies in dealing with COVID-19 or other communicable diseases. This issuance provides agencies with information on leave and other workplace flexibilities and authorities that can be used during a potential outbreak of COVID-19. Agencies are expected to implement policies consistent with laws, regulations, collective bargaining agreements, and DCHR guidance.
This issuance also provides guidance relating to hazard and on-call pay; and guidance relating to government-related travel.
Agencies are reminded of the importance of identifying core, essential, and emergency employees at their respective agencies in order to ensure continuity of District government operations.
For the most up to date information on COVID-19 in Washington, DC, please visit https://coronavirus.dc.gov/.
As District of Columbia government employees, we all have a role to play in the health and welfare of the city’s residents, particularly when faced with challenging situations such as COVID-19. Every employee has a responsibility to take reasonable precautions to help prevent the spread of communicable diseases to ensure the continuity of vital services to District residents. Although the risk of contracting COVID-19 remains low, employees are reminded to use good health habits such as hand washing and, when sick, seeking medical treatment and using sick leave or other appropriate workplace flexibilities.
Employees must immediately notify their supervisor of any known exposure to an identifiable person who tested positive for COVID-19. The employee must, upon request, immediately notify DOH of the person’s name and nature of the contact.
To slow the spread of COVID-19, employees shall notify their immediate supervisor of any foreign travel in the past 14 days to China, Iran, South Korea, Italy, Japan, or any other country designated by the CDC as Level 2 or above. The term “foreign travel” includes layover connections in any city in the named countries. Agencies shall exercise appropriate leave options and require employees who have traveled to one of these countries to remain out of the workplace for at least 14 days from the date of such travel.
The CDC recommends that employees who appear to have an acute respiratory illness (e.g., cough, fever, shortness of breath) upon arrival to work, or who become sick during your scheduled tour of duty, should be separated from other employees and sent home immediately. Therefore, agency heads and managers should exercise proper discretion to ensure that employees who report to work sick are separated from other employees immediately. Additionally, employees should not come to work until they are free of a fever (100.4°F or greater using an oral thermometer), signs of a fever, and any other symptoms for at least 24 hours, without the use of symptom altering medicines.
Employees who have a cold, flu, or other communicable disease or illness should consult their supervisors about flexible leave usage policies and any situational telework options. Prior to returning the previously ill employee to the workplace, agencies may require a doctor’s note clearing the employee to return. In rare cases, employees returning from leave or situational telework following an illness may be asked to undergo a fitness for duty evaluation. However, such evaluations may only be ordered with the approval of DCHR. (For more information on fitness for duty evaluations, please refer to Chapter 20 of the District Personnel ManualChapter 20, § 2005 of the District Personnel Manual.)
Employees may visit https://coronavirus.dc.gov/ for additional steps to take if they suspect they have contracted COVID-19.
Employees are still required to inform their immediate supervisor or another supervisor within the employee’s chain of command of their need to take unscheduled leave. To the greatest extent possible, employees who require unscheduled leave must contact their supervisor no later than two hours prior to the start of their scheduled tour of duty. All leave requests shall continue to be made according to District and agency specific policies.
However, if an employee cannot report for duty due to COVID-19, the employee shall be granted available leave options regardless of whether they sought pre-approval for such leave; agencies may make reconciliations and code their time and pay following the employee’s return to work.
Agencies must direct employees who report to work sick to take leave until they have recovered. If an employee does not have any available paid leave options, the employee may be: (1) placed on administrative leave; (2) provided advanced annual or sick leave; or (3) placed in a leave without pay status (as a measure of last resort). An agency head must approve the placement of an employee on administrative leave prior to the placement of the employee on administrative leave. Agencies must administer these leave flexibilities across their workforce in a fair, consistent, and non-discriminatory manner.
An employee is entitled to use an unlimited amount of their accrued sick leave when they are unable to perform their duties due to physical or mental illness or are symptomatic due to a communicable disease. Employees are entitled to use sick leave to care for family members who are symptomatic due to a quarantinable communicable disease. Please refer to the 6-B DCMR § 1242.1 for other permissible uses of sick leave. For sick leave absences in excess of three consecutive workdays, and until further notice, employees must supply a medical release from their health care provider clearing their return to work. No agency shall permit an employee to return to the workplace without such a release unless this requirement is waived by DCHR.
Leave Without Pay (LWOP) is a temporary non-pay status and absence from duty granted at the employee's request or as otherwise authorized by regulations. The permissive nature of LWOP distinguishes it from absences without leave, which is unauthorized leave that may subject an employee to corrective or adverse action. Agencies may approve a maximum of 52 calendar weeks of LWOP. Except as provided by D.C. FMLA, authorizing LWOP shall be a matter of administrative discretion.
Notwithstanding COVID-19, if employees need to take unscheduled leave, they must continue to inform their supervisor, or if their supervisor is not available, another supervisor or manager within their chain of command. Except when authorized by a supervisor, employees who do not arrive to their duty station at the start of their scheduled tour of duty will be considered AWOL. An employee whose leave request is denied and who fails to report for duty as scheduled is also considered AWOL. An employee can be charged with AWOL regardless of whether the employee has accrued leave.
If it is later determined that the absence was excusable, or that the employee was ill, the charge to AWOL may be changed to a charge against annual leave, compensatory time, restored leave, sick leave, or leave without pay, as appropriate. See 6-B DCMR § 1268 for additional details.
The Human Resources and Workforce Policies working group will continue to closely monitor the COVID-19 situation. Unless directed otherwise, all District employees must continue to report to work as scheduled and take leave in accordance with their agency’s leave policies and the District’s personnel regulations.
For employees who are quarantined or who have a legitimate basis to self-quarantine, agencies shall grant 14 calendar days of leave without loss of pay or charge to leave balances. For any days such employees would otherwise be scheduled to work, employees shall be placed on administrative leave. However, an agency head must approve the placement of an employee on administrative leave. Upon their return to duty, employees granted administrative leave under this paragraph must provide official documentation establishing that: (1) the quarantine or self-quarantine was advised by a health care provider or governmental agency; and (2) documentation clearing such employees to return to work.
Additionally, and at its discretion, an agency may grant up to 10 consecutive workdays of administrative leave to maintain the health and safety of the work environment. With DCHR approval, an agency head may grant administrative leave in excess of 10 consecutive workdays. Administrative leave shall normally be authorized on an individual basis except when a District government facility is closed, or a group of employees is excused from work for various purposes.
Eligible employees are entitled to federal FMLA, DCFMLA, and Paid Family (PFL) leave consistent with applicable laws and regulations. For example, an eligible employee who contracts COVID-19 may be entitled to medical leave under federal FMLA, DCFMLA, or both. Similarly, an eligible employee with a family member requiring the employee’s care due to a qualifying medical condition may be eligible for family leave under federal FMLA, DCFMLA, and PFL in order to provide care for their family member. For more information on how to apply for FMLA, DCFMLA, and PFL, please refer to Issuance No. 12-307: Paid Family Leave, and Issuance No. I-12-57: Family and Medical Leave.
If an employee exhausts their accrued annual leave, sick leave, or both, agencies may advance leave to the employee.
Agencies may advance annual leave to eligible employees up to the amount of annual leave expected to be earned during the balance of the current leave year or the remainder of the employee’s time-limited appointment, whichever is sooner. For more information on advancing annual leave, please refer to 6-B DCMR § 1237.
In cases of serious disability or ailments, agencies may advance up to a maximum of 240 hours of sick leave to employees who have exhausted all their accumulated sick leave except when the agency has reason to believe that the employee may not be able to repay the advanced leave. For term and temporary employees, agencies may advance only up to the total sick leave the employee would earn during the remainder of the time-limited appointment. For more information on advancing sick leave, please refer to 6-B DCMR § 1243.
The District’s Office of Risk Management recommends that agencies analyze the risk to an employee’s position, when performing a specific task or operation, and to determine if additional protective measures are warranted to prevent occupational exposure.
According to the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), while there is not a specific OSHA standard covering COVID-19, please see two OSHA requirements which may apply directly to District workplaces and the prevention of occupational exposure to COVID-19:
District government agencies take proactive actions to eliminate or reduce to the lowest level possible all work-related hazards of an unusual nature. However, when such actions cannot overcome the unusual nature of the hazard, local environmental pay (LEP) may be warranted.
When warranted, agencies may request authorization to provide LEP for specific jobs. For more information, agencies must refer to Issuance 11B-90, Premium Pay – Local Environment Pay. Agencies should check this publication to determine whether a given job is already authorized for LEP.
New LEP requests must be consistent with LEP guidance, approved by the employing agency head, and submitted to dchr.policy@dc.gov for consideration.
Employees may receive additional compensation when an agency determines that the employee must remain accessible and available to the point when his or her time cannot be used effectively for the employee’s own “personal” purposes.
Agencies may designate positions as eligible for on-call pay, provided certain conditions are met. For additional information on designating positions as eligible for on-call pay, please refer to Instruction No. 11B-78, Premium Pay – On-Call Pay.
District agencies shall immediately notify the directors of DOH and HSEMA of any employee who provides notice that they have traveled to a country identified by the CDC as a Level 2 or above location, had known exposure with an identifiable contact who has tested with COVID-19, or tests positive for COVID-19.
Agency directors may authorize overtime for activities directly related to the District’s response to COVID-19.
District government agencies have several flexible hiring options available if it becomes necessary to quickly hire new employees on a temporary basis. Additionally, Mayor’s Order 2020-035 authorizes District agencies to temporarily reassign personnel across agencies as appropriate to assist in the District’s COVID-19 response preparations. Agencies under the Mayor’s personnel authority should work with DCHR to implement and effectuate these temporary assignments.
Agencies may coordinate and non-competitively detail or temporarily promote employees within and across agencies to another position to meet a temporary employment need. When detailing an employee to an existing position or temporarily promoting an employee, the detail or promotion may last for up to 120 days. When detailing an employee to a temporary position that did not already exist, the detail may last for up to 240 days. DCHR may authorize the extension of a detail, if needed.
Agencies may make temporary appointments to the Career Service to meet immediate, time-limited organizational needs. These temporary appointments may be made non-competitively to positions at or below grade CS-12 level for one year or less.
Agencies may make non-competitive emergency Career Service appointments of up to 30 days to provide for maintenance of essential services to respond to a natural disaster or other similar emergency situations. Agencies cannot extend emergency appointments and may not promote, convert, transfer, or otherwise move the employee into a permanent position within the District government.
Where feasible and not in conflict with its employees’ responsibilities, agencies are encouraged to reduce the number of large gatherings and in-person meetings and to utilize tele-conferencing, video-conferencing and other electronic options instead. Agencies may consult with OCTO on the availability and capability of such options.
Travel for government purposes falls into two categories: essential and non-essential. The category determines what restrictions and guidance apply.
Essential government travel is domestic travel is critical to the continued operations of the District government or is required by law. For example, travel for the purpose of testifying on behalf of the District of Columbia government before an administrative or judicial court is considered essential government travel. However, the District is following the CDC guidance as it relates to restricted travel to those areas where a travel ban is in place. Essential government travel must be approved by the agency head.
Non-essential government travel is domestic, government-related travel that does not qualify as “essential” travel. This includes, among other purposes, travel for conferences and training.
Non-essential government travel commencing after March 11, 2020, is permitted only when the travel was:
Any non-essential government travel that was not been approved prior to March 11, 2020, will only be allowed if the agency head and the agency’s Deputy Mayor, or equivalent, agree that the travel is permissible and in the best interest of the District government.
Travel not otherwise permitted by this section is suspended until May 1, 2020, or as otherwise directed by the Mayor.
Due to COVID-19 diagnoses or quarantine precautions, employees may be away from the workplace for an extended period, whether through leave options or through telework. Consistent with D.C. Official Code § 1-204.22(2) and 6-B DCMR § 1242.7, and until further notice, employees who have been away from their workplace for more than three consecutive scheduled shifts must supply a medical release from their health care provider clearing their return to work. No agency shall permit an employee to return to the workplace without such a release, unless the employee is returning from a pre-approved, non-COVID-19 related leave of absence, such as a pre-scheduled vacation.
The Director of the D.C. Department of Human Resources, or her designee, may waive this requirement on a case-by-case basis.
The District government's ability to continue operating is vital to both residents, businesses and visitors to the city. If the Mayor declares an emergency, employees designated as essential, and employees designated as emergency employees and who have been activated by their agency, are expected to report for duty as scheduled or otherwise directed by management. Agencies should make sure that their list of emergency and essential employees is up to date and engage in any necessary communications with these employees regarding continuity of operations in response to COVID-19.
Issuance I-12-59: Essential and Emergency Employees, provides information concerning the designation of essential and emergency personnel, outlines the criteria that should be considered when making these designations, informs agencies and employees of their responsibilities, and provides the revised designation form.
Essential employees must receive pre-approval prior to taking any leave.
If the Mayor declares a state of emergency, employees should refer to Issuance No. 11B-85: Severe Weather and Declared Emergencies. Essential and activated emergency employees are expected to continue working during a declared emergency.
The Office of the Chief Technology, in coordination with DCHR and the OCFO, is developing a Time Reporting Code (TRC) for purposes of tracking labor hours used for responding to COVID-19. Additional guidance on the use of this new TRC will be issued by DCHR.
We maintain a highly motivated, diverse, and inclusive workforce. We are committed to treating all of our employees and residents equally with compassion and respect, regardless of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, political affiliation, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, or credit information of any individual. When applying the guidance in this document, all agencies and employees must adhere to these values.
Managers, supervisors, and human resources staff are reminded that 6-B DCMR § 3100 requires that all records and information collected for purposes of personnel management “shall be established, maintained, and disposed of in a manner designed to ensure the greatest degree of applicant or employee privacy, while providing adequate, necessary, and complete information for the District to carry out its responsibilities[.]” For more information our records management and confidentiality of employee information, please refer to Title 6-B, Chapter 31, of the D.C. Municipal Regulations.
Issued by Director Ventris C. Gibson, D.C. Department of Human Resources on March 11, 2020, 4:18 p.m.