Frequently Asked Questions Pandemic

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". This guide has extensive information on procedures for distribution of benefits. See Section IV-F of this Human Resources Planning Guide.

No. Telework arrangements are typically voluntary. However, once an employee enters into a telework arrangement, it is possible that an agency may require an employee to telework if this is clearly stated and agreed to in the written telework agreement. To avoid ambiguity, the telework agreement should specify what is expected of employees under these circumstances. See Section III-A-c, Evacuation Payments and the new Telework Guide.

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 maybe considered Absent Without Leave (AWOL). An agency may take disciplinary action against an AWOL employee, up to and including removal from Federal service. Also see discussion of leave flexibilities.

The Federal community is working to protect the health and safety of employees in the workplace by following recommendations from Departments and agencies such as the Department of Health and Human Services and the Centers for Disease Control and Prevention.  Therefore, it is unlikely an employee will be directed to report for work when it is unsafe to do so.If an employee refuses to report for work based on his or her personal belief that it is unsafe to do so, and the employee is not in an approved leave status, the employee may be considered absent without leave (AWOL).  An agency may take disciplinary action for AWOL, up to and including removal from Federal service.

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 agency’s voluntary leave transfer or leave bank 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 or leave bank program when he or she becomes an approved leave recipient, but may use donated leave only after exhausting his or her available annual and sick leave. Under an emergency leave transfer program, an employee is not required to exhaust his or her available paid leave before receiving donated annual leave.

Excused absence (administrative leave) is not an entitlement, and supervisors are not required to grant it.  An agency’s determination to provide excused absence should be consistent with the Administration’s Governmentwide policy on granting excused absence during a pandemic influenza.  That policy will be addressed in separate guidance. Obtaining an employee’s agreement to take sick leave, annual leave, or leave without pay is preferable, but in some circumstances, a supervisor may require an employee to use his or her sick or annual leave or place an employee in a leave without pay status pending inquiry into the employee’s medical condition.  Such an action would be enforced leave.  In addition, in rare circumstances when the agency has legitimate concerns that an employee's medical condition makes his continued presence in the workplace dangerous or inappropriate, a supervisor may place the employee on indefinite suspension in a non-pay, non-duty status pending a determination that the employee is fit for duty.  These actions generally require advance notice, opportunity to reply, and an agency decision.  The agency must have documentation sufficient to prove that its action was justified, and the employee may have the right to grieve or appeal the action taken. In the case of a pandemic, agency personnel actions aimed at preventing the spread of a disease may occur because of the guidance or directive of public health officials regarding the general danger to public health.  Supervisors should consult their human resources staff prior to effecting either enforced leave or indefinite suspension.

Any such designated employees are expected to report for work where deployed or remain at work in dismissal or closure situations, unless otherwise directed by their agencies.  An agency may determine that circumstances justify excusing a designated employee from duty and allowing the employee to use accrued leave because of an individual hardship or circumstances unique to the employee.  For example, factors such as the illness of a family member or lack of available alternatives to childcare or eldercare may be considered.  An employee may not go home instead of deploying to the designated worksite, and employees who refuse to follow emergency related orders may be subject to appropriate discipline, up to and including removal from Federal service.  Unauthorized travel expenses are not reimbursable.

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.