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H1N1 Flu Update: Leave and Alternative Workplace
On 1 October 2009, the Department of Health and Human Services (HHS or Department) Secretary, Kathleen Sebelius, issued an important message to HHS personnel on several important updates regarding the H1N1 flu. This message is available on the Commissioned Corps Management Information System Web site at http://dcp.psc.gov. In her message, Secretary Sebelius informed readers that in the near future HHS personnel will be offered voluntary vaccinations for both the seasonal flu and the 2009 H1N1 flu. She noted that www.flu.gov is the best source for comprehensive information about the flu, and that the Office of Personnel Management (OPM) has a new influenza toolkit available for Federal supervisors and employees.

Although most of the information that is available on the www.flu.gov Web site is applicable to both civil service employees and officers of the Commissioned Corps of the U.S. Public Health Service (Corps), there may be some areas of differences. Specific Corps policies provide the authorities for the use of leave and the use of alternative workplaces. Corps officers and their supervisors are encouraged to review and adhere to these Corps policies. The following links and frequently asked questions are provided for your convenience. Specific questions regarding the policies should be addressed to the Commissioned Corps Liaison of the HHS Operating Division/Staff Division (OPDIV/STAFFDIV) or non-HHS organization to which an officer is assigned.

1. Leave

Overall guidance on leave for the Corps may be found on the Commissioned Corps Issuance System (CCIS):


Note: Corps officers are not entitled to the Family and Medical Leave Act.

2. Alternative Workplace

According to Commissioned Corps Instruction (CCI) CC23.5.10, “Use of Alternative Workplaces”, (available at http://dcp.psc.gov/eccis/documents/CCPM23_5_10.pdf) dated 29 October 2008, Corps officers may arrange to work from locations other than their primary duty station if so authorized by the officer’s supervisor or Head of the OPDIV/STAFFDIV or non-HHS organization to which the Corps officer is assigned. Officers are encouraged to submit to their supervisors a standing written request for episodic alternative workplace assignment in the event of a pandemic flu or H1N1 related mass event. Approved agreements should be forwarded to the Office of Commissioned Corps Operations (OCCO) as noted in CCI CC23.5.10.

3. Frequently Asked Questions

Question: If an officer is healthy, but stays home because he/she has been in direct contact with individuals infected with the flu, in what pay/leave status is he/she placed?
Answer: Corps officers in this situation may request annual leave. An officer who has an episodic alternative workplace plan on file in OCCO may also request to work from the approved alternate site. Sick leave may be used only if the officer is ill or incapacitated.

Question: If an officer is healthy but stays home because a child has been in contact with individuals infected with the flu, in what pay/leave status is he/she placed?
Answer: Corps officers in this situation may request annual leave. An officer who has an episodic alternative workplace plan on file in OCCO may also request to work from the approved alternate site. However, use of an alternative workplace is not a substitute for dependent care. Sick leave may be used only if the officer is ill or incapacitated.
Question: Must an officer have a doctor’s note if requesting to use sick leave for 3 days or more during a pandemic influenza?
Answer: According to CCI CC29.1.4, “Sick Leave,” dated 25 September 1997, a supervisor, the Medical Affairs Branch (MAB) of the Office of Commissioned Corps Support Services, or the Director of OCCO, may request a note for any period of sick leave, as deemed appropriate by the requestor. However, the supervisor, Senior Medical Evaluations Officer of MAB, or the Director of OCCO should consider that health care resources may be overwhelmed during a pandemic, and it may be difficult for officers to get appointments with doctors or other health care providers to verify they are well or no longer contagious.

Question: If a worksite is closed due to pandemic influenza, will officers be placed on excused absence (administrative leave)?
Answer: Though OPM does not anticipate widespread Departmental or Governmental closures, it may be necessary to direct the officer to work from a Federally-approved telecommuting work site, authorize the officer to be placed or place an officer in an episodic alternative workplace assignment, or place the officer on administrative leave until the building is reopened. Officers in mission critical/essential positions (e.g., Watch Officers in the Secretary’s Operations Center, or other positions in the Office of the Assistant Secretary for Preparedness and Response) will continue to report as required or deemed necessary by their chain of command. Officers will be given direction should the need for the Continuity of Operations (COOP) or Continuity of Government (COG) plans to be activated. Officers and supervisors should have pre-established communication mechanisms (e.g., phone trees, call down lists, listservs, etc.) to notify officers on updates and directions or to provide return-to-duty information as needed.

Question: If an officer shows signs or symptoms of illness, what should the supervisor do? May the officer be placed on excused absence? What is needed for the officer to return to work?
Answer: If an officer is showing signs and symptoms of illness, refer the officer to his/her medical provider (or in an emergency the nearest medical provider, e.g., Federal Occupational Health (FOH), Military Treatment Facility (MTF), or private medical provider). The officer should initiate form PHS-1345, “Request and Authority for Leave of Absence,” prior to departing the duty station and must complete form PHS-1345 upon return from sick leave periods of absence of 1 day or more. A reasonable amount of time should be allotted to allow the officer to recover. An officer may be required to check in with his/her supervisor or be able to provide a doctor’s note, as applicable.

Question: Does a supervisor have the right to solicit a diagnosis when an officer is requesting/returning from sick leave?
Answer: No, but the doctor’s note (if required) can stipulate the officer was out due to illness.

Question: Are Corps officers eligible to receive evacuation payments?
Answer: No, this is a civilian entitlement and there is nothing comparable for members of the uniformed services.

Question: If an officer is ordered to work outside of his/her billet, is she/he eligible for additional pay?
Answer: No. Corps officers sign an affidavit of appointment agreeing to serve to meet the exigencies of the service. However, officers may be entitled to certain special pays such as hazardous pay or flight pay, depending on the assignment. If an officer is reassigned to such position(s), he/she should check with his/her Commissioned Corps Liaison regarding special pay entitlements.

Question: Can HHS OPDIVs/STAFFDIVs or non-HHS organizations to which Corps officers are assigned modify an officer’s hours of work?
Answer: Yes. Corps officers are subject to recall to duty at any time. Flexibility is one of the hallmarks of a uniformed service.

Question: May an officer who is exposed to a pandemic virus outside of his/her current billet description receive Hazardous Duty Pay?
Answer: No. Hazardous Duty Pay may be authorized only for certain specified occupational hazards.

Question: What happens if I get sick while on terminal leave? Will my separation/retirement date be readjusted?
Answer: You should notify your supervisor if you become ill while on terminal leave. If requested you should provide your supervisor with documentation of the start and end dates of your illness. Your terminal leave will be converted to sick leave and your annual leave balance will be adjusted. You may be paid a lump sum leave payment so long as it does not exceed 60 days in a lifetime, including payments made following previous periods of active duty. Decisions regarding your separation date may need to be made by your supervisor and/or administrative chain.
 


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