Department of Administrative Services

​​​​​​​​​​​​​​​​​​The following FAQ relate to employee leave in the event of illness or quarantine. If you have questions that aren’t addressed here, please contact your agency’s HR staff. If you are unable to find an answer to your HR-related question within these FAQ, please submit your question to CHRO.Covid-19@oregon​.gov.​



Emergency paid sick leave

​​​Yes. Although the Federal Government did not extend the Emergency Paid Sick Leave, employees who did not exhaust the 80 hours in 2020 may continue to use any remaining leave until exhausted through June 30, 2021.​

​​​No, employees do not receive a new 80 hours bank of Emergency Paid Sick Leave. Although, employees who did not exhaust the 80 hours of Emergency Paid Sick Leave provided by the FFCRA by December 31, 2020, may use those remaining hours through June 30, 2021.​

​​No. No new bank of Emergency Paid Sick Leave will be given to employees. It is only available to employees who did not exhaust the 80 hours of federal Emergency Paid Sick Leave given under the FFCRA in 2020. Any remaining hours may only be used through June 30, 2021, if needed.​

​​​​For those who use their remaining 2020 emergency paid sick leave in June 30, 2021, the reasons for leave are the same reasons under the previously paid Federal Emergency Paid Sick Leave.

Employees may use this leave immediately.

Emergency paid sick leave is provided if the employee:
  1. Is subject to a quarantine or isolation order.
  2. Has been advised by their doctor to self-quarantine.
  3. Is experiencing symptoms and seeking diagnosis for symptoms of COVID-19.
  4. If employee is caring for an individual who is:
    • ​S​ubject to a quarantine or isolation order; or
    • Advised by their doctor to self-quarantine.
  5. ​Is caring for their child whose school is closed, place of care is closed, or child care is unavailable due to COVID-19 precautions.
  6. Is experiencing substantially similar health symptoms of COVID-19.

​​​​We will continue to use the CV pay code for state paid Emergency Paid Sick Leave through June 30, 2021.​

​​No, state paid Emergency Paid Sick Leave will be paid at your salary rate of pay or hourly rate for hourly employees.​

​​Employees do not receive a new bank of 80 hours of CV leave in 2021. If you exhausted your CV leave in 2020, you do not have any to use in 2021 and Workday will not show this leave type as an option.​

​​FMLA and OFLA sick child leave; Child C​are leave

​​​OFLA sick child leave is listed as Family Member -Sick Child and choose the reason as “public health emergency."

​​​No, supervisors may not deny intermittent OFLA sick child leave due to business reasons, such as staffing levels.​

​​Yes, OFLA sick child protection is available to employees eligible for OFLA and who take leave to care for a child whose school or daycare is unavailable due to COVID-19.​

​​​No, you must meet the regular OFLA eligibility requirements to take OFLA sick child. This means you must be employed for 180 days and have worked an average of 25 hours per week prior to the start of your leave to be eligible for OFLA.​

​No, taking leave to care for a child whose school or daycare is unavailable due to COVID-19 is no longer covered under FMLA.​

​​Paid Child Care leave is state paid leave available to employees who have worked more than 30 days to care for a child whose school or daycare is unavailable due to COVID-19 between February 1, 2021 through June 30, 2021. ​

​​Employees receive child care leave to use between February 1, 2021 and June 30, 2021. Child Care leave hours are calculated using the FMLA entitlement leave calculation. However, regular FMLA eligibility does not need to be met. Employees only have to be employed for more than 30 day to receive child care leave hours.​

Entitlement hours are calculated by adding all hours worked and any FMLA/OFLA protected leave taken within a 12 month period. Divide that number by 52 (weeks in a year) to calculate the average number of hours worked per week. The average work week is then multiplied by 12 (weeks of leave).

NOTE: If the average hours worked per week are less than 40, the employee receives 480 hours of Child Care leave (prorated for part-time). 

Example A:  A full time employee works 2180 hours in the 12 month period. 

Calculation:
  • 2180/52 = 41.92 average hours per week
  • 41.92 X 12 weeks of leave = 503.08 (round up to the next whole number)
The employee receives 504 Child Care leave entitlement hours.

​For employees who were employed at least 12 months on January 1, 2021, the 12-month period is January 1, 2020 through December 31, 2020.​

​Full-time employees employed less than 12 months on February 1, 2021 but have worked more than 30 days receive 480 Child Care leave hours. The hours are pro-rated for part-time employees.​

​​Full-time employees who reach 30 days of employment February 2021 through June 2021 receive 480 Child Care leave hours. The hours are pro-rated for part-time employees.​

​​Our intent is to match Child Care leave hours as closely as possible to the FFCRA Emergency Family and Medical Leave provided in 2020.​

​​No, paid Child Care leave is no longer tied to eligibility for OFLA sick child. For the months of February 1, 2021 through June 30, 2021, employees who have been employed for more than 30 days may paid Child Care leave at their full rate of pay when taking leave to care for a child whose school or daycare is unavailable due to COVID-19.​

​​Yes, any employee employed more than 30 days may take paid Child Care leave to care for a child whose school or daycare is unavailable due to COVID-19 February 1, 2021 through June 30, 2021.​

​​We will use the CXT pay code for February 2021 through June 2021 for Child Care leave.​

​We will use the leave type Child Care Leave - CXT for February 2021 through June 2021 for Child Care leave in Workday.​​

​No, you do not have to exhaust your Emergency Paid Sick Leave prior to using Child Care leave in the months of February 2021 through June 2021 when taking leave to care for a child whose school or daycare is unavailable due to COVID-19.​​

​​No, you do not have 80 hours of LWOP prior to using Child Care leave in the months of February 2021 through June 2021 when taking leave to care for a child whose school or daycare is unavailable due to COVID-19.​

​No, supervisors may not deny intermittent Child Care leave due to business reasons, such as staffing levels.​

School closure​

​​Yes, if your child’s school is closed but is offering online or comprehensive distance learning during the closure, you may use any remaining Emergency Paid Sick Leave carried over from 2020 and Child Care leave. Your leave may also be protected by OFLA sick child leave, if eligibility for OFLA is met.​

​No, if your child’s school is open for in-person schooling but your child chooses not to return but to remain attending online school offered through the school district, you may not use any remaining Emergency Paid Sick Leave carried over from 2020, Child Care leave or OFLA sick child leave.​

​​No, if you choose to homeschool your child, you may not use any remaining Emergency Paid Sick Leave carried over from 2020 or Child Care leave or OFLA sick child leave.​

​No, if your child attends an online schooling platform which is not offered by the school district and never offers in–person schooling, you may not use any remaining Emergency Paid Sick Leave carried over from 2020, Child Care leave or OFLA sick child leave.​

​Yes, if your child’s school is opening part-time and is offering online and/or comprehensive distance learning on the other days, you may use any remaining Emergency Paid Sick Leave carried over from 2020 and Child Care leave for the days there is not in-person learning. Your leave may also be protected by OFLA sick child leave, if eligibility for OFLA is met.

​​No. Emergency Paid Sick Leave, Child Care leave and OFLA sick child is not available when your child is attending in-person classes.​

No. Emergency Paid Sick Leave, Child Care leave and OFLA sick child may not be used on days the school is open to in-person learning and you choose not to send your child. The exception to this is if the child falls under the student accommodation provision by the Oregon Department of Education.​

​Yes. Emergency Paid Sick Leave, Child Care leave and OFLA sick child may be used when your child does not go to school because they fall under the Oregon Department of Education’s student accommodation provision.​

Emergency Paid Sick Leave, Child Care leave and OFLA sick child may be used only if before school and/or after school child care is not available due to COVID-19. ​​

No. Emergency Paid Sick Leave, Child Care leave or OFLA sick child may only be taken on the days schools are closed due to COVID-19 or daycare is unavailable due to COVID-19.​

​​Covid-19 symptoms/exposure

Employees may use accrued vacation or compensatory time, subject to prior approval from their supervisor.​​​
Employees should follow current guidance from the Oregon Health Authority (OHA) regarding notification of possible exposure to their supervisor. There is no known requirement for a supervisor to report this to a public health authority, but agencies will follow any guidance provided by OHA in the future. ​​​​
An employee’s medical condition is confidential and should not be released. Other entities such as the Oregon Health Authority or the Centers for Disease Control and Prevention may release information such as location and positive confirmation.​​​​​

Covid-19 symptoms/exposure and self-quarantine

Yes, if management has reason to believe an employee may be a health hazard to themselves or others, they may require a release in order to return to work. 

An employee may submit receipts for uninsured expenses related to obtaining the release to return to work for reimbursement.
​​​
Yes, a supervisor - after consultation with their management team and Human Resources staff -may tell an employee to go home if they believe the employee is a health hazard to themselves or others. A supervisor may require a release in order for the employee to return to work. ​​
If management sends an employee home, the agency will pay the employee for the remainder of the shift for that day only. This applies to both FLSA Exempt and Non-Exempt employees. Employees should record the time on their time sheet as “miscellaneous paid leave” (MPL) and not “sick leave” (SL). An employee will be notified if a release to return to work is required prior to returning.

Afterwards, accrued leave is to be used according to policy or collective bargaining agreement. If no accrued leave is available, leave without pay will be approved until the release to return to work (if required) has been received.

For AFSCME and SEIU-represented employees, and classified unrepresented, management service, and unclassified executive service employees: Employees will be encouraged to telework if their position is suitable for telework, if telework resources are available, and if the network can accommodate it. Employees may be eligible for paid administrative leave if they are medically mandated to remain at home and are unable to work. Employees may also choose to use their accrued leave or leave without pay to cover their absence while exhibiting symptoms.
​​​
If an employee is quarantined, yet feels well enough to work, they can talk with their supervisor about teleworking. If the employee is sick, they may take leave as outlined in the Guide for Leave-Related Absences due to COVID-19.​​
If an employee chooses to self-quarantine because they are experiencing COVID-19 like symptoms or believes they have been exposed to COVID-19, yet feels well enough to work, they can talk with their supervisor about teleworking. If not teleworking, they may take leave as outlined in the Guide for Leave-Related Absences due to COVID-19.​​
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If an employee chooses to stay home because they have a compromised immune system or are in a high-risk group, they can talk with their supervisor about teleworking. If not teleworking, they may take leave as outlined in the Guide for Leave-Related Absences due to COVID-19.​​
​​

​If management sends an employee home, the agency will pay the employee for the remainder of the shift for that day only. This applies to both FLSA Exempt and Non-Exempt employees. Employees should record the time on their time sheet as “miscellaneous paid leave” (MPL) and not “sick leave” (SL). An employee will be notified if a release to return to work is required prior to returning.


Afterwards, leave will be granted as outlined in the Guide for Leave-Related Absences due to COVID-19.


​​Covid-19 immunization​

​The Oregon Health Authority will communicate who the COVID-19 vaccine will be available to and when. Information may be found on the OHA COVID-19 vaccines webpage at https://govstatus.egov.com/or-oha-covid-vaccine/​.  

​OHA is not planning on requiring the COVID-19 vaccination but we strongly recommend vaccination for the safety and health of the entire community. ​

​In general, there will be no requirement for employees to be vaccinated by the COVID-19 vaccine. ​

​DAS will work with PEBB on ways the COVID-19 vaccine may be offered to employees.​

​You should cover your mouth and nose with a mask when around others (and at all times if you must be in the office), avoid close contact with people who are sick, stay 6 feet away from others, avoid crowds, and wash your hands often. ​

​Yes, you will still need to wear a mask. The vaccine will keep you from getting sick, but it still may be possible to get, carry and transmit the virus. Preventing illness and severe illness is certainly a reason to get vaccinated. It will also take time for us to get everyone vaccinated. We don’t yet know when we’ll be able to stop wearing masks and maintaining physical distance, but OHA will continue to watch the spread of disease in Oregon, and when the spread of disease is low enough, these additional protective measures can be stopped.​

​The vaccine doses purchased by the federal government will be given to the American people at no charge. Vaccination providers will be able to charge an administration fee for administering the shot. If there is a fee, this fee gets reimbursed through the insurance you have through PEBB.​

​According to the CDC, COVID-19 vaccination should be offered to persons regardless of a history of COVID-19 infection, with or without symptoms. They don’t recommend testing to check for prior infection when deciding to get the vaccine.​

​We don’t have any COVID-19 safety data on pregnant women, though animal and human studies are ongoing and more planned to begin in Jan. 2021. mRNA vaccines are not “live virus” vaccines.  If a woman is part of a group (i.e. health care worker) recommended to get a COVID-19 vaccine and is pregnant, she may choose to get the vaccine in consultation with her medical provider’s help in making an informed decision. Things to consider:

  • ​Level of COVID -19 in the community- risk of transmission
  • The personal risk of acquiring COVID-19 (occupation or other activities)
  • The risk of COVID-19 to her or her fetus
  • The efficacy of the vaccine 
  • The side effects of the vaccine
  • The lack of data about the vaccine during pregnancy
  • Women who take the vaccine and have fever as a side effect should take acetaminophen (Tylenol)
  • Routine testing for pregnancy before vaccination is not recommended. 


​No. Just as with the flu shot, employees who miss work to receive the vaccine use their accrued leave.​

​​No. Employees use their accrued leave for any work time missed due to recovering from receiving the vaccine.​

Yes. Incidental use of state owned equipment is allowed. Employees may work with their supervisor to schedule time to search for the vaccine and schedule an appointment for the vaccine.​​

​​ ​Travel

No, Governor Brown’s travel advisory asks people to self-quarantine for 14 days after arriving from another state for non-essential out-of-state travel. It is not mandatory, but is recommended. Agencies are expected to facilitate working remotely to the maximum extent possible.​

​Yes, if you self-quarantine as asked by the governor, you use your accrued leave, borrow leave, request donated leave, or use leave without pay after exhaustion of accrued leave as outlined in Scenario 5 in the Guide for Leave-Related Absences due to COVID-19​.

​Yes, the request to self-quarantine does not apply to essential travel. The definition of essential travel includes travel for work.​

​No, the request to self-quarantine does not apply to essential travel. The definition of essential travel includes travel for work.​

​Yes, working remotely is to be done to the maximum extent possible, with approval from your supervisor.​

​No, the travel advisory is recommended but not mandatory. Agencies are expected to facilitate working remotely to the maximum extent possible. Contact the CHRO if working remotely is not possible.​

​Essential travel includes: work and study, critical infrastructure support, economic services and supply chains, health, immediate medical care, and safety and security.  

Travel for tourism or recreation is considered non-essential.