Published: March 14, 2020

Over the last week, public employees across Oregon have been hit with frightening news as the Covid-19 pandemic shuts down public events, cancels schools, and has become a public health emergency. Public employees are often on the front lines of these health issues, which also puts us at unique risk for infection. This is why SEIU 503 has been working with the state to negotiate a new Letter of Agreement (LOA) to implement added protections that can keep us safe as this emergency unfolds.

This new LOA, which has just been signed, includes:

1. Telecommute Policy

For the period of March 1, 2020 through at least June 30, 2020 all employee telework requests will be presumed to be acceptable unless denied within seventy two hours of the request. For this period, the only criteria an employer may use as basis to deny a telework or telecommute request will be whether the position is suitable for telecommuting or telework, availability of teleworking supplies such as laptops and cell phones, or network adequacy.

2. Worksite Closure

If a worksite closes then the employees at that worksite will be placed on paid administrative leave for up to two weeks. After that the Inclement Weather/Hazardous Conditions Leave policy will take effect.

3. Vacation Caps and Cash Out Limits for Essential Staff

If an employee is needed for the response to the coronavirus, and as a result would exceed contractual limits on vacation time accrual, the request for vacation payout shall be approved without the employee needing to request vacation time.

4. Self-Quarantine

Employees have the right to self-quarantine if they are concerned they were exposed. They can telecommute, use leave time, or take leave without pay.

5. Immune Compromised Staff

Employees who are immune compromised may telecommute, and if that is not available then they can use any accrued leave to cover the absence, take leave without pay, use up to five months of leave to be accrued in the future (80hrs max), or request donated leave.

6. Exposure to Risk

If management has knowledge that an employee may have been exposed to the novel coronavirus, the employee’s manager shall notify the employee within one (1) business day.

7. Medical Mandated Employees

For employees who are medically mandated to be at home, telecommuting options will be offered if applicable. If that is not an option then the employee will be placed on administrative leave until they are medically released for work.

8. School Closure

Employees who must remain at home due to the school closure may telecommute, and if that is not available then use any accrued leave to cover the absence, take leave without pay, use up to five months of leave to be accrued in the future (80hrs max), or request donated leave.

9. Leave Donation

Employees may request donated leave to repay borrowed leave hours or to cover leave if they are immune compromised. An employee may donate sick, vacation, and/or personal leave time to another employee. To qualify to use donated leave, an employee must reduce their sick leave balance down to forty (40) hours or less.

10. Essential Staff

The Agency shall maintain a list of essential employees (employees who are required to report to work). Essential employees shall be notified of this designation in writing. All Agencies will notify current essential employees of their essential status in writing. If the Agency needs to designate additional essential employees they will also do so in writing. All essential employees will have 24 hours from that notification to appeal that status based on health conditions.

This LOA is the result of the hard work of union members who stuck together to find a solution during this difficult time. As with any workplace issue, we will get through this crisis by working together and forging a pathway using the tools we have developed as a community.

We will be continuing to reach out to you with updates about resources, policy changes, and safety conditions as we become aware. We are putting the complete LOA below, and please reach out to your organizer if you have any questions.

 

Click here for more Covid-19 resources from SEIU 503.

Novel Coronavirus (COVID-19)
Letter of Agreement

 

This agreement is between the State of Oregon, acting through its Department of Administrative Services (Employer) and the SEIU Local 503, OPEU (Union).

This Letter of Agreement shall supersede any conflicting provisions in the collective bargaining agreements for the duration of the Letter of Agreement.

We recognize that state of Oregon employees work on the front lines every day to provide essential services and benefits of Oregonians. Their work is often the last line of defense when Oregonians are faced with an emergency.

Incubation Period—For the novel coronavirus, this is the period recommended by the CDC and local public health providers, currently 14 days from the last possible exposure.

Temporary Expanded Telework Options
For the period of March 1, 2020 through at least June 30, 2020 or a date mutually agreed upon, unless this LOA is revoked due to increased level of emergency, employee telework requests will be presumed to be acceptable unless denied within seventy two hours of the request. For this period, the only criteria an employer may use as basis to deny a telework or telecommute request will be whether the position is suitable for telecommuting or telework, availability of teleworking supplies such as laptops and cell phones, or network adequacy. If the employee disagrees with the Agency’s decision, the employee may appeal the decision in writing to the DAS/LRU within five (5) calendar days of receipt of the Agency’s decision. The DAS/LRU decision shall not be subject to the grievance procedure.

CDC Safety Equipment
Employees will be provided all necessary and CDC required safety equipment for their position if required to work during an active outbreak of coronavirus. If an employee believes they don’t have CDC safety equipment to perform the duties of their position, they may request the Agency to review their request.

Essential Staff

 The Agency shall maintain a list of essential employees (employees who are required to report to work). Essential employees shall be notified of this designation in writing. During this Governor declared State of Emergency, management may change an employee’s status to essential at any time. After an employee’s status has been changed to essential, the employee will have 24 hours from the time they are notified of their new status to appeal that decision based on health conditions, such as immune system, respiratory issues, or heart conditions. Such appeals will go to the Agency’s Human Resources Department. The Human Resources Department shall respond in writing within 5 working days to the employee and management regarding the outcome of such appeals.  This answer is not subject to the grievance procedure.

 

School Closures

If an employee needs to be home because of a school closure, they shall be encouraged to telework if their positions are suitable for telework, supplies are available, and if the network can accommodate it. If telework is unavailable or if an employee chooses not to telework, these employees may use their own personal vacation time, sick leave, personal business, or leave without pay to cover this time. Additionally, these employees may borrow up to five (5) months’ worth of future leave, either vacation leave, sick leave, or a combination thereof, not to exceed a combined total of eighty (80) hours. This leave shall be paid back at a rate of 50% of the amount of hours borrowed per month for each bank of leave until fully paid back by the employee.  Payback of this leave shall begin the month after the employee returns to work after utilizing the borrowed leave. Employees on approved FMLA/OFLA may delay repayment of leave time until they are no longer on such leave or one (1) year, whichever is first. Employees may request donated leave to repay leave hours.  An employee may donate sick, vacation, and/or personal leave time to another employee. To qualify to use donated leave, an employee must reduce their sick leave balance down to forty (40) hours or less. The sick, vacation and/or personal leave time will be valued at the donating employee’s current rate of pay, and then converted to the appropriate amount of time based on the requestor’s current rate of pay. Employees will only be credited with the actual amount of donated leave to cover the period of absence.

 

Worksite Closures
If an Agency closes its operations, employees will be placed on paid administrative leave for up to two (2) weeks. Thereafter, use of inclement weather/hazardous conditions leave for building closures or curtailments will be determined as outlined in the Inclement Weather/Hazardous Conditions Leave.

Vacation Caps and Cash Out Limits for Essential Staff
If an employee is needed for the response to the coronavirus, and as a result would exceed contractual limits on vacation time accrual, the request for vacation payout shall be approved without the employee needing to request vacation time.

Employees Needing Leave or Needing to Work from Home

Medically Mandated Employees. Employees who are medically mandated to remain at home because they have been exposed to the coronavirus shall be encouraged to telework if allowed by their medical professional, if their job is suitable for telework, if telework resources are available, and if the network can accommodate it. If one or more of the above factors does not allow for telework, the employee shall be placed on paid administrative leave until the employee is medically released to work.  Employees may be asked for proof of medical mandate including the time period for which they are mandated to remain at home, however they will not need to be separately released to return to work.

Self Quarantined Employees. Employees who believe they may have been exposed to or may have symptoms of the coronavirus and wish to self-quarantine, shall be encouraged to telework if their positions are suitable for telework, supplies are available, and if the network can accommodate it. If telework is unavailable or if an employee chooses not to telework, these employees may use their own personal vacation time, sick leave, personal business, or leave without pay to cover this time. Additionally, these employees may borrow up to five (5) months’ worth of future leave, either vacation leave, sick leave, or a combination thereof, not to exceed a combined total of eighty (80) hours. This leave shall be paid back at a rate of 50% of the amount of hours borrowed per month for each bank of leave until fully paid back by the employee.  Payback of this leave shall begin the month after the employee returns to work after utilizing the borrowed leave. Employees on approved FMLA/OFLA may delay repayment of leave time until they are no longer on such leave or one (1) year, whichever is first. Employees may request donated leave to repay leave hours.  An employee may donate sick, vacation, and/or personal leave time to another employee. To qualify to use donated leave, an employee must reduce their sick leave balance down to forty (40) hours or less. The sick, vacation and/or personal leave time will be valued at the donating employee’s current rate of pay, and then converted to the appropriate amount of time based on the requestor’s current rate of pay. Employees will only be credited with the actual amount of donated leave to cover the period of absence.

Employees with Compromised Immune Systems and high-risk groups. Employees whose immune systems may be compromised for various medical reasons or employees who fall into a high-risk group and need to self-quarantine to avoid the risk of contracting the coronavirus shall be encouraged to telework if their position is suitable for telework, supplies are available, and if the network can support it. If telework is not an option, the employee may:

  1. Use any of their accrued leave to cover the absence

  2. Use leave without pay during their absence. If an employee chooses to use leave without pay the employee shall not be penalized.

  3. Borrow up to five (5) months’ worth of future leave, either vacation leave, sick leave, or a combination thereof, up not to exceed a combined total of eighty (80) hours. This leave shall be paid back at a rate of 50% per month for each bank of leave until fully paid back by the employee. Payback of this leave shall begin the month after the employee returns to work after utilizing the borrowed leave. Employees on approved FMLA/OFLA may delay the repayment of leave time until they are no longer on such leave or one (1) year, whichever is first. Employees may request donated leave to repay leave hours.

  4. Request donated leave. An employee may donate sick, vacation, and/or personal leave time to another employee. To qualify to use donated leave, an employee must reduce their sick leave balance down to forty (40) hours or less. The sick, vacation and/or personal leave time will be valued at the donating employee’s current rate of pay, and then converted to the appropriate amount of time based on the requestor’s current rate of pay. Employees will only be credited with the actual amount of donated leave to cover the period of absence.

Exposure to Risk
If management has knowledge that an employee may have been exposed to the novel coronavirus, the employee’s manager shall notify the employee within one (1) business day.

Worsening Threat

Pursuant to ORS 401.168, which gives the Governor broad authority over executive agencies during a state of emergency,  this Letter of Agreement is subject to suspension or modification should the Governor determine it necessary without further notice or obligation to bargain.

Future Bargaining
This agreement shall not establish a precedent in the negotiation of any future agreements on the subjects addressed herein.

 

Me-Too

If the Employer bargains a more generous benefit with another Union/Association, the Employer will notify the Union in writing and, upon request, discuss the agreement reached with the other Union.

 

__________________________ ______________________________

For the State of Oregon, DAS For SEIU

 

____________________________ _______________________________
Date Date

 

Appendix A

 

LETTER OF AGREEMENT 123.00-18-311

Article 123–Inclement Weather/Hazardous Conditions Leave

Inclement Weather/Hazardous Conditions Leave

 

This Agreement is between the State of Oregon, acting through its Department of Administrative Services (Employer) and the SEIU Local 503, OPEU (Union). This Letter of Agreement will supersede Article 123, Sections 3, 5, and 9.

 

This Letter of Agreement does not apply to:

 

• FLSA exempt employees.

• Employees designated by the Agency to report to work during a closure.

• Temporary employees.

 

When the Department of Administrative Services/Agency chooses to close or curtail an office or facility pursuant to Article 123, Section 1(a), one of the following options will be implemented:

 

Section 1.  In the event of a curtailment (delayed opening), the employee shall be allowed to access inclement weather leave for up to one half (1/2) of their regular work day for up to forty (40) hours a biennium.

 

Section 2.  Full Day Closure.

  1. In the event of a full day closure, the employee may, with prior supervisory approval, work from home or alternate work location for at least one half (1/2) of their regular work day. The remainder of the employee’s work day will be on inclement weather leave for up to forty (40) hours a biennium,

 

  1. If no work is available or the employee is unable to work from home or alternate work location, the employee will use accrued vacation hours, compensatory time off, personal leave time or leave without pay for at least one half (1/2) of their regular work day. The remainder of the employee’s work day will be on inclement weather/hazardous conditions leave not to exceed forty (40) hours a biennium.

 

  1. The employee may, with Agency prior approval, temporarily adjust their work hours during the same workweek to make up for hours not worked. The Agency shall not suffer any overtime or penalty payments as a result of this schedule change.

 

  1. Once the forty (40) hours of inclement weather/hazardous conditions leave is used, if there are more Agency closures during the biennium, the employee will use accrued vacation hours, personal leave or compensatory time off, leave without pay or, with prior Agency approval, temporarily adjust their work hours during the same workweek. The Agency shall not suffer any overtime or other penalty payments as a result of the change in schedule.

 

  1. Employees will not be eligible for inclement/hazardous conditions leave when their regular days off occur on a day the Agency closes an office or facility, or when the employee is on prescheduled leave or already scheduled to work from an alternate location. Only employees who are scheduled to report to work at the location which is closed, the day of the closure, are eligible for any use of the inclement weather leave.

 

  1. Inclement weather/hazardous conditions leave shall not count as hours worked for the purpose of overtime calculation.

 

  1. Inclement weather/hazardous conditions leave not used during a biennium will be lost and will not be rolled over into the next biennium. Inclement weather/hazardous conditions leave is not compensable if the employee separates from state service.

 

  1. Part time and job share employees shall be granted such leave in a prorated amount of forty (40) hours per biennium based on the same percentage or fraction of FTE (full-time equivalent) they are hired to work.

 

  1. Seasonal employees shall be granted a prorated amount of leave based on the amount of time anticipated they will work in the biennium at the time of hire. For example, if the employee is being hired for a six (6)-month equivalent FTE, they would receive ten (10) hours. The time will not be re-adjusted if the employee is hired into subsequent seasonal positions within the biennium or works longer than originally anticipated.

 

10. When, in the judgment of the Agency, inclement weather/hazardous conditions require the closing of an office or facility following the beginning of an employee’s shift, the employee shall be paid for the remainder of the shift.

 

Section 3.  Use of the inclement weather leave for either curtailments or full day closures shall not exceed a combined total of forty (40) hours per biennium.

 

This Letter of Agreement becomes effective upon signature and will sunset on June 30, 2021.