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Avian Flu Pandemic Plan
Introduction
Pre-Level 1
Level 1
Level 2
Level 3
Level 4
Recovery
Appendices

Areas of Institutional Response:

•Communications
•Academic Programs
•Health and Safety
•Student LIfe
•Administrative Services
•Transportation and Controlled Access
 

Avian Flu Plan: Appendices > Appendix M <- You Are Here

Appendix M: Staffing Policies and Procedures [PDF]

  1. Applicable Staff Policies

    1. Policy on Administrative Leave (BOR VII-7.20)

    2. Policy on Annual Leave (BOR VII-7.00 and VII-7.01)

    3. Policy on Contingent Employment for Non-exempt and Exempt Staff Employees (BOR VII-1.40); UMD Procedure on Contingent Employment

    4. Policy on Emergency Conditions (VI-12.00)

    5. Policy on Family and Medical Leave (BOR VII-7.50)

    6. Policy on Leave of Absence Without Pay (VII-7.12)

    7. Policy on Personal Leave (BOR VII-7.10)

    8. Policy on Sick Leave (BOR VII-7.45); UMD Procedure on Sick Leave

  2. Applicable Collective Bargaining Agreements

    1. 1. Non-exempt Bargaining Unit Memorandum of Understanding

    2. Exempt Bargaining Unit Memorandum of Understanding

    3. Fraternal Order of Police Bargaining Unit Memorandum of Understanding

  3. Definition of Essential Staff

    1. The term "Essential Employee" is defined by the Board of Regents in policy VI-12.00 "Policy on Emergency Conditions." It stipulates that an essential employee is one who is "an employee of a facility who has been designated as vital to the operation of the facility, whose presence is required regardless of the existence of an emergency condition, and whose absence from duty could endanger the safety and well-being of the campus population and/or physical plant" (emphasis added). The policy further states, "examples of such employees are police, stationary engineers or other heating plant and maintenance personnel, snow removal employees, food service staff, hospital staff, etc." Employees may be designated as essential on a situational basis, e.g., in the event of a snow emergency only, or in the event of a public health crisis.

      1. Departments have the authority and responsibility for designating staff members who are "Essential" under policy VI-12.00 "Policy on Emergency Conditions." This evaluation is made on the basis of the essential duties of the job; essential employees are to be notified in writing of this designation.

      2. Departments should review their positions to ensure that the appropriate staff are designated as essential in order to ensure that critical services will be delivered in the event of a flu pandemic. Each phase of the flu emergency plan should be considered when evaluating job descriptions. For example, certain staff may be designated as essential at Level 2, but non-essential at Level 3. The employee is to be notified in writing regarding their status.

      3. Departments should consider that there may be essential services that can be delivered from an off-campus location. In this case, the department has identified that the employee's duties (or part thereof) must continue to be performed, but may be performed through an alternative method such as working from home (or "teleworking").

  4. Flu Phases
    Pre-Level 1: Prior to efficient human-to-human transmission.

    Level 1: First cases of efficient human-to-human transmission internationally—campus open, business as usual, enhanced planning
    What this means for staff:

    All existing staff leave policies and procedures remain in full force and effect.
    Level 2: First verified case in North America AND one or more other triggering events, such as local public health recommendations, rising student and employee absenteeism, and other factors identified in the introductory section of the Avian Flu Pandemic Plan � Implement social distancing measures; cancel classes and other scheduled activities; prepare for closing; begin liberal leave for non-essential employees, healthy essential employees report
    What this means for staff:

    1. Essential regular and C2 employees, (except as directed by the responsible supervisor or departmental representative), shall report to work and shall be compensated according to the policy.

      (1) Departments have the authority and responsibility for designating staff members who are "Essential" under policy VI-12.00 "Policy on Emergency Conditions." This determination is made on the basis of the essential duties of the job; essential employees are notified in writing of this designation.

      (2) Departments should review their positions to ensure that the appropriate staff are designated as essential in order to ensure that critical services will be delivered in the event of a flu pandemic.

      (3) Essential employees are subject to discipline for not reporting to work, subject to a review of the circumstances by the Director of University Human Resources or designee.

    2. Non-Essential regular and C2 employees may take annual, personal, or compensatory leave to the extent earned, or sick leave consistent with the provisions of VII-7.45 "Policy on Sick Leave" and the UMD Procedure on Sick Leave.

      (1) Advanced and/or extended sick leave may be available to regular employees under the provisions of VII-7.45 "Policy on Sick Leave" and the UMD Procedure on Sick Leave.

      (2) Non-essential regular and Contingent 2 employees with no available paid leave shall be granted excused unpaid leave.

    3. C1 staff are required to report to work, except as directed by the responsible supervisor or departmental representative. C1 employees, as temporary hourly workers, are ineligible to receive paid or unpaid leave consistent the provisions of VII-1.40 "Policy on Contingent Employment."
    Level 3: Within 1-5 days of declaring Level 2 and depending on national and local conditions—All University residences will close; thereafter, as soon as practicable, most administrative offices and academic buildings will close.
    What this means for staff:

    1. Essential regular and C2 employees, (except as directed by the responsible supervisor or departmental representative), shall report to work and shall be compensated according to the policy.

      (1) Departments have the authority and responsibility for designating staff members who are "Essential" under policy VI-12.00 "Policy on Emergency Conditions." This determination is made on the basis of the essential duties of the job; essential employees are notified in writing of this designation.

      (2) Departments should review their positions to ensure that the appropriate staff are designated as essential in order to ensure that critical services will be delivered in the event of a flu pandemic.

      (3) Essential employees are subject to discipline for not reporting to work, subject to a review of the circumstances by the Director of University Human Resources or designee (see also footnote 1).

    2. Non-essential regular and C2 shall receive paid administrative leave, pursuant to VI-12.00 "Policy on Emergency Conditions."

    3. C1 staff may be required to report to work, as directed by the responsible supervisor or departmental representative. C1 employees, as temporary hourly workers, are ineligible to receive paid or unpaid leave consistent the provisions of VII-1.40 "Policy on Contingent Employment."
    Level 4: As soon as expedient following Level 3—Campus closed; declared emergency condition; evacuation of campus; all facilities closed except skeleton services for infirmary, temporary housing for students with extreme hardships, and essential research; access to campus sealed off; closure sustained.
    What this means for staff:

    1. Essential regular and C2 employees, (except as directed by the responsible supervisor or departmental representative), shall report to work and shall be compensated according to the policy.

      (1) Departments have the authority and responsibility for designating staff members who are "Essential" under policy VI-12.00 "Policy on Emergency Conditions." This determination is made on the basis of the essential duties of the job; essential employees are notified in writing of this designation.

      (2) Departments should review their positions to ensure that the appropriate staff are designated as essential in order to ensure that critical services will be delivered in the event of a flu pandemic.

      (3) Essential employees are subject to discipline for not reporting to work, subject to a review of the circumstances by the Director of University Human Resources or designee (see also footnote 1).

    2. Non-essential regular and C2 shall receive paid administrative leave, pursuant to VI-12.00 "Policy on Emergency Conditions."

    3. c. C1 staff may be required to report to work, as directed by the responsible supervisor or departmental representative. C1 employees, as temporary hourly workers, are ineligible to receive paid or unpaid leave consistent the provisions of VII-1.40 "Policy on Contingent Employment."
  5. Other Definitions:

    1. Contingent 2 (Contract) Staff Employee ("C2"): A non-regular employee who is hired on a written agreement that is for at least six months, but not more than 12 consecutive months. Additionally, a C2 employee must be on a 50%-time or greater appointment, and may not be hired to do work that is of a seasonal or intermittent nature. C2 staff employees are salaried, and they are guaranteed a minimum level of paid leave benefits provided for in policy.

    2. Contingent 1 (Hourly) Staff Employee ("C1"): A non-regular employee who is hired on a written agreement that is for a term of six months or less, regardless of the percentage of time worked, and regardless of whether it is seasonal or intermittent in nature. Contingent 1 employees are paid on an hourly or salaried basis. C1 employees are ineligible to receive leave.

    3. Declared Emergency Condition ("DEC"): Pursuant to Board of Regents Policy VII-12.00 "Policy on Emergency Conditions," emergency conditions are defined as "those conditions which are determined by each campus CEO or designee to be serious enough to warrant the cancellation of classes or the release of employees. Such conditions may arise because of inclement weather, fire, power failure, civil disorders, or other unusual circumstances which may endanger students and/or employees." The policy requires paid administrative leave for regular and contingent 2 employees for the period of the declared emergency condition.

    4. Exempt: Non-faculty managerial, administrative, and professional staff positions at the University are categorized as exempt. The federal Fair Labor Standards Act exempts this category of employee from earning overtime. Exempt employees are expected to work the hours necessary to complete assignments on a schedule that satisfies the requirements of the job, typically a minimum of 80 hours in a bi-weekly pay period.

    5. Liberal Leave: Pursuant to Board of Regents Policy VII-12.00 "Policy on Emergency Conditions," the President (or designee) may declare a policy of Liberal Leave in which case non-essential employees who choose not to report to work, or to report late, or to leave early because of conditions not yet declared a hazardous emergency may be excused. Such excused absences will be charged to the appropriate paid or unpaid leave.

    6. Non-exempt: Maintenance, office, service, and technical/para-professional positions at the University are categorized as non-exempt. The federal Fair Labor Standards Act requires that non-exempt employees earn overtime for hours worked that exceed 40 in a standard workweek; at the University, that is interpreted to be 40 hours in a pay status during the standard workweek.

    7. Regular Employee: An employee paid by authorized ("line") funds, with an ongoing appointment of six months or greater. This category of employee was formerly referred to as "permanent." Regular employees are retirement-eligible, as well as eligible for various other benefits defined by their employment category status.


  6. Additional Questions Pertaining to Staffing:

    1. Who gets defined as essential staff? See "Essential Staff" definition in Section C.1 above.

    2. How will "Essential" employees be identified by the institution? UHR has identified a methodology for identifying essential employees in PHR. There will be an indicator in the PHR Appointment Information screen, which will give the flexibility to change or view this information at any point in time. This will include a dropdown box where the employee is designated as one of four possibilities: "Not Applicable" (the default), "Catastrophic," "Weather or Other Operational," or "Both." With this data, UHR will create a table in the data warehouse which will give the University the ability to monitor or track these employees from an institutional standpoint. UHR will develop a WOW report for departments and service offices (e.g., UHR, Police) to easily identify essential employees.

    3. How should departments manage a call-in process for exempt and/or non-exempt staff that are designated as essential employees and may need to participate in the delivery of department- or division-level services during the period of Temporary Campus Closure (TCC)? Departments should thoroughly evaluate their operations to determine the essential services that will continue to be delivered in the event of a TCC, and which of their employees will be responsible for delivering these services as essential employees, both primary and back-up.

      As part of this analysis, departments should determine the best methodology for notifying essential employees of their daily work obligations under a TCC:

      1. Option #1 (recommended): Identify one telephone number in the department which will be updated each morning for essential employees. Essential employees would be required to call the number at an appointed time each day to ascertain whether or not they are required to report to the campus that day, and to receive any special instructions. Each employee calling in would be required to leave voicemail on the number so that the supervisor is able to confirm that the message was received (the call will be date/time stamped by the voicemail system). With this option, the burden is on the employee to call regarding work status.

      2. Option #2: Departments could identify a point person who is responsible for calling essential employees each day regarding their daily status and work assignments. This is a less efficient way to do this, as employees may not always be available to receive the phone call. Departments should consider the potential for a breakdown in communication with this methodology, and consider the consequences at such a critical time. Nevertheless, this may be a more viable option for very small departments.

    4. How will services be delivered if/when significant absenteeism occurs? Departments need to ensure that they have sufficiently evaluated who should be designated as essential at each level defined in the master flu plan, and staff are to be notified in writing accordingly. Departments also have the ability to request staff to voluntarily accept reassignment on a temporary basis to fill service needs.

    5. Do departments have the ability to reassign staff to essential functions? See F.2., above.

    6. Is there a possibility of incentive pay? There currently is an incentive pay model which covers a Declared Emergency Condition, as follows:

      1. Non-exempt regular and contingent 2 employees who are designated as essential, and who are required to report to work in a DEC shall receive pay for the actual hours worked, plus additional pay or compensatory time for the portion of their regularly-scheduled shift that was covered by the DEC (reference Policies VII-7.20, and VI-12.0). This has the effect of paying an employee "double-time" for the period of time worked in the DEC. (So for example, an essential non-exempt employee who works eight hours during the DEC would receive 16 hours of compensation.)

        (1) Under some circumstances, working the Declared Emergency Condition may put a non-exempt employee into an overtime status. In this event, the time worked would be at the time-and-half the regular rate. The employee would also earn additional pay or compensatory time (at the straight rate) for the portion of their shift that was covered by the DEC. This has the effect of compensating the non-exempt employee at 2-1/2 times for the period of time worked in the DEC. (So for example, an essential non-exempt employee who works 10 hours in the DEC after having worked 40 hours in the work week, would receive 25 hours).

      2. Exempt employees are required to work as necessary to complete their jobs and are paid a regular salary and not an hourly wage. Under the applicable policy (VII-6.10), exempt employees may receive a limited amount of compensatory leave under exceptional circumstances, as determined by the President or designee (the Director of University Human Resources).

      3. Under exceptional circumstances, there is nothing to preclude the institution from establishing an "emergency" incentive pay structure for staff employees. This may be subject to bargaining with the unions for bargaining unit employees, and would have to be applied consistently across the campus. For example, Dining Services could not pay one rate, and Facilities Management another.


    7. How will departments address absenteeism of their own staff? Departments are encouraged to develop plans specific to their departmental missions to ensure that essential services are delivered. Departmental plans should address staffing requirements at each potential level outlined in the master flu plan.

    8. When/how should training of ancillary/reassigned staff occur? As part of departmental flu planning, departments should plan to request volunteers for re-assignment, as necessary, to address service needs at each level of the master flu plan. This planning effort should include training for staff that are re-assigned within departments.

    9. What will the outcome be if the campus is open, and people refuse to come to work? The existing policies and Memorandums of Understanding with the three bargaining units provide the framework for addressing this matter.

      1. Essential regular and C2 employees are required to report to work, except as directed by the responsible supervisor or departmental representative, and are subject to discipline for not reporting (except as provided in footnote 1).

      2. If the Cabinet designates a Liberal Leave status for employees, non-essential regular and C2 staff will be permitted to take excused paid leave to the extent available, or excused unpaid leave, without the requirement of a prior approval or prior notification.

      3. C1's are expected to return to work, except as directed by the responsible supervisor or departmental representative.

    10. What if staff refuse to come to work and exhaust all of their leave?

      If the campus is on a Liberal Leave status,
      1. Essential regular and C2 employees, (except as directed by the responsible supervisor or departmental representative), are required to report to work and are subject to discipline for not reporting (except as provided in footnote 1).

      2. Non-essential regular and C2 staff who exhaust available paid leave have the following options:

        (1) Up to one week of annual leave may be advanced;

        (2) Advanced or extended sick leave is available pursuant to the purpose and provisions of Policy VII-7.45 "Policy on Sick Leave" and the UMD Procedure on Sick Leave.

    11. Once paid leave has been exhausted, the staff member will be placed in an excused unpaid leave status.

  7. What will happen when employees are sick and exhaust all of their leave? The answer provided in Question #10, above, applies in its entirety.

  8. How does the situation differ for non-exempt and exempt staff/bargaining unit and non-bargaining unit staff? Non-bargaining unit members will be treated in accordance with Board of Regents and UMD policies and procedures. Bargaining unit members will follow existing policies and procedures as well, except to the extent that policies have been superseded by the applicable Memorandum of Understanding.

  9. What will be the situation for staff if classes are taught online and faculty are expected to teach from home? It depends on the status of the campus. If the campus is placed on a Liberal Leave status, non-essential regular and contingent 2 employees may take excused paid or unpaid leave. Essential employees are required to report to work (except as provided in footnote 1).

  10. What if public schools in the area close and staff must be absent to care for children? If no DEC or Liberal Leave declarations have been made, non-essential regular and C2 staff employees may utilize leave pursuant to existing leave policies.

  11. What issues will there be if people become infected while on the job/because of their job responsibilities? The Worker's Compensation Commission has not issued guidance on this issue, but the University has requested information on the matter.

  12. What protections/supplies can be offered for working staff (safety equipment, onsite accommodations, etc.)? The University will provide all personal protective clothing and equipment for employees working in certain jobs as required by applicable laws and regulations pursuant to the "Personal Protective Clothing and Equipment" provisions of the 2004 Non-exempt Memorandum of Understanding (Article 17, Section 4).

  13. How will paychecks be distributed in the event of a TCC?

    In a Level 3 TCC, the University will be closed and accordingly, the on-campus distribution of paychecks will be suspended. Paycheck distribution via direct deposit will continue and will be the only mechanism available for the distribution of employee pay. A draft memo has been developed that advises employees that paychecks will not be available for pick-up if the campus closes (i.e., Level 3 TCC). The memo strongly encourages employees to enroll in direct deposit immediately as it takes 4-6 weeks to process the initial enrollment. This memo is included in Appendix O.
Task Responsibilities—Departments
•Define essential employees (if applicable) within each department, and within each level defined in the master flu plan. Some employees may be defined as essential at one level, but not at another. Employees are to be notified in writing of this designation.

•Establish call-in procedures for essential employees. It is recommended that essential employees call in by a certain time each day to determine if they are required to report on a Level 2, 3, or 4 day.

•Consider how services will be delivered if above-average or even total absenteeism occurs. Consider the reassignment of staff within the department to meet temporary service needs. (Note: according to the planning assumptions contained in the Federal government's websitePandemicFlu.gov, "in a severe pandemic, absenteeism attributable to illness, the need to care for ill family members, and fear of infection may reach 40% during the peak weeks of a community outbreak, with lower rates of absenteeism during the weeks before and after the peak"). Also, "certain public health measures (closing schools, quarantining household contacts of infected individuals, 'snow days') are likely to increase the rate of absenteeism."

•Establish cross-training for staff who volunteer to be temporarily re-assigned to meet temporary service needs that may arise from staffing shortages.

•Develop communications mechanisms within the department so that employees may be reached in the event a DEC is declared. Supervisors should have home telephone numbers, cell phone numbers, and e-mail addresses for their employees and be able to reach their staff to discuss essential status, work assignments, etc. In the event the University's status changes, employees should be encouraged to check the University's website, and to listen to local media outlets.

•Encourage all employees to sign up for direct deposit.
Task Responsibilities—University Human Resources
•Update UHR websitewith link to State of Maryland's "Flu Preparedness" website(http://www.flu.maryland.gov).

•Develop summary information about applicable leave policies. Link to UHR website, and distribute to Deans, Directors and Department Heads.

•Provide information to employees on communicable diseases pursuant to Memorandum of Understandings (Non-exempt and Exempt Article 18, Section 6). Link to UHR website.

•Re-visit existing workplace flexibility options (as appropriate), to provide advice and guidance to departments (i.e., teleworking, staggered hours of operation, etc.). Link to UHR website.

•Share appropriate information with unions.


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