Leave Options Related to COVID-19
President Mosby has authorized expanded telework policies and the use of sick leave to cover situations that may be unique to the risks posed by COVID-19.
Expansion of Sick Leave for Eligible Employees
The President has authorized expanded use of sick leave for all staff. This will allow employees to use sick leave for circumstances that do not currently fall under the WPEA Collective Bargaining Agreement or leave practices for exempt staff.
If an employee feels unsafe in the workplace and does not want to telework, they may use accrued sick leave or vacation even if they present no symptoms.
If a school or place of care for an employee’s child is temporarily closed by a public health official because of COVID-19, then the employee may use accrued sick leave or vacation to cover an absence while they stay home to care for their child. They may use accrued leave for the duration of the closure.
In cases of childcare emergency, employees may telework and use a combination of leave. Telework should be approved by the manager and VP/Executive Director.
During this emergency, policies that require that vacation be depleted before the use of sick leave are currently suspended.
Public Health Emergency Accommodation
Washington state law protects high-risk employees from being discharged, permanently replaced, or discriminated against in the workplace for seeking accommodation from exposure to an infectious or contagious disease during a public health emergency.
This currently applies to accommodations related to COVID-19 as a result of Governor Inslee’s Proclamation 20-05 which declares a state of emergency in response to COVID-19.
Public health emergency
A public health emergency is defined as a declaration or order concerning any infectious or contagious disease, including a pandemic, issued as follows:
- The president of the United States has declared a national or regional emergency that covers every county in the state; or
- The governor of Washington has declared a state of emergency in every county in the state.
High-risk employee
An employee is considered high-risk if:
- Due to age or an underlying health condition, they are at a high-risk of severe illness from the disease that is the subject of the public health emergency, as defined by the Centers for Disease Control and Prevention (CDC); and
- A medical provider has recommended the employee’s removal from the workforce because of their high-risk of severe illness.
Process for high-risk accommodation requests
Employees seeking an accommodation should submit a HIGH RISK ACCOMMODATION REQUEST and MEDICAL QUESTIONNAIRE. This form requires information from the employee and their health care provider stating the employee is at high-risk of severe illness due to COVID-19 based on age and/or underlying medical condition as defined by the CDC, and requires accommodation that protects them from the risk of exposure. Forms may be returned to Human Resources as follows:
- Email: hrstaff@highline.edu
Accommodations provided
When requested by an employee considered at high-risk of severe illness from the disease that is the subject of a public health emergency, the college will:
- Provide an accommodation for alternative work assignments such as telework, alternative work locations, reassignment, or physical distancing measures.
- Where an accommodation is not possible, permit a high-risk employee to use any of their accrued paid time off or elect to claim unemployment insurance.
- Highline College will not terminate, suspend, discipline, take an adverse employment action against, or otherwise discriminate against an employee based on exercise of their right to request a high-risk accommodation under applicable state and federal law, nor take any action that would result in the loss of the high-risk employee’s current position by permanent replacement due to their being high-risk.
However, when no work reasonably exists for a high-risk employee, Highline may permanently or temporarily layoff the employee. Layoff will not adversely affect the employee’s eligibility for unemployment benefits.
As part of the institutional response to COVID-19, Highline College is committed to supporting employees who are at higher risk of severe illness from COVID-19.
Effective July 29, 2020, Governor Inslee’s Proclamation 20-46 High-Risk Employees – Workers’ Rights, covers employees within the following categories:
- Employees who are 65 years of age or older;
- Employees whose underlying medical conditions place them “at increased risk”; and
- Employees whose underlying medical conditions mean they “might be at increased risk,” but only if, based on the employee’s medical circumstances and workplace conditions, the employee is, in fact, at increased risk for suffering severe illness from COVID-19.
The Centers for Disease Control and Prevention (CDC) has identified that people of any age with the following conditions are at increased risk of severe illness from COVID-19:
- Cancer
- Chronic kidney disease
- COPD (chronic obstructive pulmonary disease)
- Immunocompromised state (weakened immune system) from solid organ transplant
- Obesity (body mass index [BMI] of 30 or higher)
- Serious heart conditions, such as heart failure, coronary artery disease, or cardiomyopathies
- Sickle cell disease
- Type 2 diabetes mellitus
The Centers for Disease Control and Prevention has identified that people of any age with the following conditions might be at an increased risk of severe illness from COVID-19:
- Asthma (moderate-to-severe)
- Cerebrovascular disease (affects blood vessels and blood supply to the brain)
- Cystic fibrosis
- Hypertension or high blood pressure
- Immunocompromised state (weakened immune system) from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines
- Neurologic conditions, such as dementia
- Liver disease
- Pregnancy
- Pulmonary fibrosis (having damaged or scarred lung tissues)
- Smoking
- Thalassemia (a type of blood disorder)
- Type 1 diabetes mellitus
Medical verification
Consistent with Proclamation 20-46.2, the Highline will not require verification from a medical provider when the employee seeking an accommodation is either 65 years of age or older or falls within the “at increased risk” category.
The college may require verification from a medical provider when the employee either falls within the “might be at an increased risk” category, or seeks to use any leave where a state or federal law or collective bargaining agreement separately requires verification for the use of leave.
Accommodations provided
When requested by an employee considered at high-risk from exposure to COVID-19, the college will:
- Provide options for alternative work assignments such as telework, alternative work locations, reassignment, or social distancing measures.
- Where alternative work assignments are not possible, permit a high-risk employee to use any of their accrued paid time off or elect to claim unemployment insurance.
- Maintain all employer-related health insurance benefits for employees already eligible for benefits until the employee is deemed eligible to return to work, even if the employee has exhausted all their own paid time off during the period of leave.
Highline College will not terminate, suspend, discipline, or take any other adverse employment action against an employee exercising their rights under this Proclamation, nor take any action that would result in loss of the high-risk employee’s current position by permanent replacement. Additionally, the college will not apply or enforce any employment contract provisions that contradict or otherwise interfere with the intent of the Proclamation. For example, employees can use their time off in any sequence at the discretion of the employee, even if not consistent with collective bargaining agreements, civil service rules, or institutional policy.
When no work reasonably exists for a high-risk employee, Highline may permanently or temporarily layoff the employee. Layoff will not adversely affect the employee’s eligibility for unemployment benefits.
As of July 29, 2020 Proclamation 20-46 will remain in effect through the duration of the COVID-19 emergency or until otherwise rescinded or amended and applies to all employees, including healthcare workers and emergency responders.
Process for accommodation requests
Employees with job duties that may require them to work on-site in close contact with others are encouraged to talk to their manager about options for physical distancing or performing alternate work assignments.
Alternate work assignment
If an employee who is at higher risk of severe illness from COVID-19 requests an accommodation due to the potential threat of exposure to COVID-19 in the workplace and the accommodation would be easy to implement or one that you would otherwise provide to any other employee, departments should:
- Develop and implement the accommodation as soon as possible.
- Memorialize the accommodation in writing. Telework arrangements must be documented using the Telework Plan and Agreement Form.
- Communicate the alternate work assignment or other measures to the employee, including any schedule or location changes, anticipated end date, and any other requirements.
Options for physical distancing (including staggering shifts), telework, alternative work locations, reassignment, or performing alternate work assignments should be considered. The Public Health Director and Human Resources will provide guidance as necessary.
To apply for accommodation under Proclamation 20-46.2, employees must complete the appropriate form (located on HR’s Google Drive) and submit it to hrstaff@highline.edu. NOTE: You will need to use your Highline email address to log on to the Google Drive.
If an employee requests an accommodation that is not easy to implement or is not something the college would normally provide any other employee, refer the employee to the reasonable accommodation procedure. While the reasonable accommodation analysis is being conducted, the requested accommodation should be temporarily put in place to protect the employee. The college will communicate to the employee in writing that the accommodation is being temporarily implemented while the accommodation analysis is being conducted.