Latest COVID/Weather & Safety Leave Guidance

Please take a moment to review the linked documents in relation to employee work status and this is timely as we again see an increase in the number of employees that are impacted by the resurgence of COVID.  At this time, there has been no approval for any type of paid COVID leave (i.e. EPSLA or FFCRA) other than the limited ability for us to use Weather and Safety Leave.

As has been the expectation, if the employee is able to telework, they should be provided the opportunity to do so. Please refer to the sent by Angela Athmann for options. Weather and safety leave may be authorized for an employee who is personally subject to movement restrictions/quarantine under the direction of a public or local health authority (and is unable to telework or is not a telework program participant). Sick leave must be used instead of weather and safety leave when an employee is incapacitated.

The authority for the approval of Weather and Safety Leave rests with the Director.  Please refrain from approving – or giving the appearance that you approve the weather and safety leave to the employee as this has been an issue in the past. Moreover, when you sign the form indicating that you recommend approval, if the employee is not able to telework you must indicate why. To reiterate, you as the supervisor, have the responsibility to provide telework to the employee if possible rather than having them off work.

Attached also find the to be utilized if an employee has requested Weather and Safety Leave. Please have the employee complete the form, review and sign and then and then route to your service chief for concurrence. The service chief will then route to the ELT team member accordingly. Once the document has been reviewed by the director, a copy will be provided by HR to both payroll and the employees supervisor and service chief.

Please also refer to our Available Leave Options: 

Weather and Safety Leave and Sick Leave. Weather and safety leave may be authorized for an employee who is personally subject to movement restrictions/quarantine under the direction of a public or local health authority (and is unable to telework or is not a telework program participant). Sick leave must be used instead of weather and safety leave when an employee is incapacitated.

Telework and Weather and Safety Leave. In the absence of a telework agreement, agency officials deciding whether to grant weather and safety leave for an employee should take into consideration significant safety risks for the employee travelling to or performing work at the work site. Generally, telework participants may be required to work from an alternate site and are therefore ineligible for weather and safety leave.

Family and Medical Leave Act (FMLA). COVID-19 may be considered a qualifying serious health condition under the FMLA. A serious health condition is defined as, but not limited to, an illness, injury, impairment or physical or mental condition that involves inpatient care (i.e. overnight stay in a hospital or medical care facility) or continuing treatment by a health care provider.

Contact: If you have additional questions or concern, please contact the employee and Labor Relations Team at vhakanhrlrer@va.gov.