HR-700 Enhanced HR Policies for Employees in Response to COVID-19

Please note: On June 1, 2021, President Choi rescinded this policy related to COVID-19. While rescinded, some measures outlined may continue to occur based on existing authority. Please see HR Policy Manual Enhanced Policies (HR-700) index for additional policies and information.

Summary

Section 20.021 authorizes the President to place into effect temporary lawful policies, procedures, or other measures to meet the COVID-19 public health emergency. This policy states such human resources policies authorized by the President under that rule.

Policy

Per Collected Rules and Regulations (CRR) 20.021: President’s Temporary Authority for COVID-19 Response (Bd. action on 03-16-20):

1. Notwithstanding any limitations or restrictions placed on the President in Section 20.020 or elsewhere in these Collected Rules and Regulations, the President shall have authority to place into immediate effect any temporary lawful policies, procedures, or other measures which in his judgment are necessary or appropriate to meet the public health emergency associated with the novel coronavirus and COVID-19 disease, including but not limited to safeguarding persons and property and maintaining University activities as appropriate.
2. Temporary lawful policies, procedures, or other measures adopted by the President under this authorization shall be effective notwithstanding any contrary provisions of these Collected Rules and Regulations and shall remain in effect until such time identified by the President or the Board of Curators, or until such time as the Board of Curators withdraws the authority granted in this rule or otherwise directs.
3. The President shall keep the Board of Curators advised as to policies, procedures, or other measures adopted under this rule.

Further HR Policy Provisions

Additional temporary HR-700 policy provisions below in accordance with CRR 20.021:

1. Working Arrangements
   
   1. Employees will work on-site when directed to do so by their supervisors, in accordance with approved campus plans. The President, Chancellors, or their designees are responsible for approving plans for on-site work in consultation with guidance from public health officials. Employees who have not been directed to work on-site will telework to the maximum extent feasible until instructed to work on site. See policy HR-522 Telework.
   2. Employees who are working on site during the period of these temporary measures will:
      
      1. Comply with applicable federal, state, or local public health orders related to COVID-19;
      2. Observe the following precautionary measures:
         
         1. Measure their own temperature before work each day. The employee will not report to work and will notify their supervisor of any temperature 100.4 degrees Fahrenheit/38 degrees Celsius or higher.
         2. Maintain six-foot social distancing from other individuals unless performing job duties that require contact with the other individuals closer than six feet.
         3. Wear a cloth mask or other face covering that covers their mouth and nose if they are unable to maintain six-foot social distancing or if otherwise required by federal, state, or local public health orders.
         4. Limit in-person meetings and group gatherings to a size that complies with federal, state, or local public health orders and allows for six-foot social distancing.
      3. Continue healthy habits such as:
         
         1. Wash their hands often with soap and water for at least 20 seconds, or if soap and water are not readily available, use hand sanitizer that contains at least 60 percent alcohol.
         2. Avoid touching their eyes nose, and mouth with unwashed hands.
         3. Cover their coughs and sneezes with a tissue, the inside of the elbow, or something other than their hands.
         4. Regularly clean and disinfect frequently touched surfaces. Avoid sharing equipment with other employees to the extent possible and take precautions such as disinfecting and hand-washing after use when such sharing is necessary.
      4. Comply with additional precautionary measures as approved by the President, Chancellors, or their designees. Additional precautionary measures may be particularly appropriate for employees whose job duties make it difficult to maintain social distancing, and may include (but are not limited to) the following.
         
         1. Employees may be screened for symptoms of COVID-19, including measuring employees’ body temperature and asking whether they are experiencing symptoms of COVID-19. Screenings should be performed privately, and information about employees’ symptoms must be treated as confidential.
         2. Employees may be required to wear personal protective equipment (PPE). Employees with disabilities may request PPE-related accommodations from their university human resources office.
      5. Notify their supervisor or designee, stay home, and consult with a healthcare provider as appropriate if they:
         
         1. Have been diagnosed with COVID-19;
         2. Are experiencing a fever of 100.4 degrees Fahrenheit/38 degrees Celsius or higher;
         3. Are experiencing COVID-19 symptoms as outlined and periodically updated by the Center for Disease Control and Prevention (CDC), including cough, shortness of breath or difficulty breathing, fever, chills, muscle pain, headache, and new loss of taste or smell, unless symptoms are otherwise explained by existing conditions; or
         4. Have been in close contact with a person who has COVID-19 diagnosis. Close contact, as outlined and periodically updated by the CDC, includes contact within six feet for at least 15 cumulative minutes or more over a 24-hour period.

         Employees who have received a COVID-19 diagnosis, have a fever of 100.4 degrees Fahrenheit/38 degrees Celsius or higher, are experiencing COVID-19 symptoms (unless symptoms are otherwise explained by existing conditions), or who have had close contact with a person with COVID-19 diagnosis or unexplained symptoms, are required to consult with their healthcare provider as appropriate, avoid the worksite and other University premises, with the exception of appropriate health care facilities, until authorized to return. The university’s chief human resources officer or designee may approve exceptions to remain on the worksite.

      6. Notify their supervisor and their university’s human resources office to request reasonable accommodations if they are at a higher risk for severe illness from COVID-19. According to the CDC, employees at high-risk for severe illness from COVID-19 include:
         
         1. People 65 years and older
         2. People with serious underlying medical conditions, particularly if not well controlled, including:
            • People with chronic lung disease or moderate to severe asthma
            • People with serious heart conditions
            • People who are immunocompromised
            • People with severe obesity
            • People with diabetes
            • People with chronic kidney disease
            • People with liver disease

            Refer to the CDC website for the most current information on those who are at higher risk for COVID. 

   3. Supervisors with employees working on-site should:
      
      1. Notify their university’s chief human resources officer (or designee) of an employee who has been diagnosed with COVID-19, or has reported being a close contact with a person who has COVID-19 diagnosis. Advise the employee to consult with their healthcare provider as appropriate, including Telehealth or Virtual Visits.
      2. Follow campus guidelines regarding notification of potential exposure to COVID-19.  The identity of the employee should be kept confidential, but information may be shared with employees who have a need to know, including employees needed to assist with cleaning, assisting with work arrangements, or other approved reasons.
      3. Not undertake contact tracing efforts. Only public health officials and approved contact tracers are authorized to use information about COVID-19 exposures and diagnosis to conduct contact tracing.
      4. Inquire if the employee has a doctor’s or public health official’s release, which may be required before a person is allowed to return to work. Follow campus guidelines regarding return-to-work requirements.  
2. COVID-19 Leave and Pay Options - In addition to leave authorized by applicable policies, employees may be eligible for the enhanced leave authorized by this HR-700, including Enhanced Vacation Leave, Enhanced Sick Leave and Administrative Leave. Additionally, through 12/31/2020, leave may be provided by the Families First Coronavirus Relief Act (“FFCRA”).
   
   1. Probationary employees - Probationary employees may use accrued vacation and sick leave in accordance with policy, including the Enhanced Sick Leave identified in this HR-700. Probationary employees are not eligible for the Enhanced Vacation Leave.
   2. Enhanced Vacation Leave
      
      1. Subject to supervisor approval, an eligible employee with insufficient accrued vacation leave may use up to 15 days of unearned vacation leave for the reasons listed below in III.A (School or Day Care Closure, or Caregiver Unavailability) and III.B (Quarantine or Isolation).
      2. Eligible employees may choose whether to use such leave.
      3. Any such usage will be tracked as a negative balance in the employee’s accrual and future accruals will be counted against that balance.  After the temporary expanded use of vacation leave authorized in this policy is withdrawn, vacation leave will not be available for use until the employee has accrued sufficient vacation leave to reach a positive balance.
      4. If an employee who has a negative accrued vacation leave balance under this policy ends employment before accruing sufficient leave to reach a zero or positive balance, the University may withhold an amount equivalent to the value of the negative leave balance from the employee’s compensation to the extent such negative leave balance is not attributable to FFCRA Expanded FMLA Leave.
   3. Enhanced Sick Leave - Eligible employees may use accrued sick leave, up to a limit of 30 days of leave, to care for an immediate family member (as defined in HR-404) who is in need of care for the reasons listed below in III.A (School or Day Care Closure, or Caregiver Unavailability).
   4. Administrative Leave
      
      1. Employees whom the University or public health authorities direct to remain away from the worksite because they have had close contact with a person who has COVID-19 diagnosis or symptoms, unless symptoms are otherwise explained by existing conditions, may be eligible for up to 15 days of administrative leave as provided below in III.B (Quarantine or Isolation). Employees who have COVID-19 symptoms (including a fever) or diagnosis will not be eligible for administrative leave.
      2. Variable hour employees and student employees shall be eligible for administrative leave under conditions identified in CRR 340.080 when authorized by the President, Vice President, Chancellor, or designee.
   5. Academic Appointments – The following provisions are applicable to employees on academic appointments who do not accrue vacation or sick leave.
      
      1. Academic appointees whom the University or public health authorities have directed to remain away from the worksite may be eligible for up to 15 days of paid leave if the leave is because the: 
         
         1. Employee has had close contact with a person who has COVID-19 diagnosis or symptoms, unless symptoms are otherwise explained by existing conditions,
         2. Employee has been a COVID-19 diagnosis, a fever of 100.4 degrees Fahrenheit/38 degrees Celsius or higher, or is experiencing COVID-19 symptoms unless symptoms are otherwise explained by existing conditions.
      2. Such time will not count against any leave that would be available to the employee under CRR 320.070, the paid family and medical leave policy in CRR 340.070.B.2, the School of Medicine policy, or any other applicable leave policy.
   6. Health Care Leave and Pay Provisions
      
      1. Health care providers and emergency responders designated by the University System’s Chief Human Resources Officer are not eligible for
         
         1. Enhanced Sick Leave
         2. Enhanced Vacation Leave for the reason listed in III.A. below (Leave for School or Day Care Closure, or Caregiver Unavailability)
         3. FFCRA Paid Sick Leave or FFCRA Expanded FMLA leave
      2. While federal, state, or local emergency orders related to COVID-19 are in effect, the Chief Executive Officer of University of Missouri Health Care and the Dean of the MU School of Medicine, or their designees, may authorize the following:
         
         1. Premium pay for positions required to work on site. Such premium pay should be designed to prevent or address shortages of health care personnel, considering their exclusion from the enhanced leave identified in this HR-700, as well as health care operational needs, market considerations, and other appropriate factors.
         2. Administrative leave for employees in their units to appropriately manage staffing levels, considering needs to have personnel on site or otherwise available to work as necessary.
   7. Families First Coronavirus Response Act (FFCRA) Paid Sick Leave and Expanded FMLA Leave - The following principles apply where FFCRA leaves are referenced below in this HR-700. FFCRA leave is effective April 1, 2020, through December 31, 2020.
      
      1. The Families First Coronavirus Response Act (“FFCRA”) provides employees with paid sick leave (“FFCRA Paid Sick Leave”) and expanded family and medical leave (“FFCRA Expanded FMLA Leave”) for specified reasons related to COVID-19. These provisions were enacted after the University established the enhanced leave identified in this HR-700, and they do not diminish the benefits available to employees under University policies. The University has modified the enhanced leave identified in this HR-700 to integrate the leave benefits provided by the FFCRA and ensure that employees receive the benefits provided by the new law.
      2. FFCRA Paid Sick Leave and FFCRA Expanded FMLA Leave are available from April 1, 2020 through December 31, 2020.
      3. FFCRA Paid Sick Leave and FFCRA Expanded FMLA Leave are available to all employees, including academic appointees; administrative, service and support staff; probationary and variable hour employees; and student employees.
         
         1. FFCRA Paid Sick Leave and Expanded FMLA Leave are not available to health care providers and emergency responders designated by the University System’s Chief Human Resources Officer.
      4. FFCRA Paid Sick Leave is available upon hire and FFCRA Expanded FMLA Leave is available after 30 days of employment.
      5. FFCRA Paid Sick Leave and FFCRA Expanded FMLA Leave are available if an employee is unable to work (including telework) due to a need for leave because of a qualifying reason.
      6. FFCRA Paid Sick Leave is limited to a total of two weeks for all qualifying reasons. The total hours provided may not exceed 80 hours for full-time, 100 percent FTE employees. Part-time employees are eligible for the number of hours that the employee is normally scheduled to work over a two-week period.
      7. Unless otherwise stated in this HR-700, FFCRA Expanded FMLA Leave is subject to Collected Rules and Regulations Section 340.010, Family and Medical Leave, including the limitation to a total of twelve (12) workweeks of leave in a 12-month period for all FMLA-qualifying reasons.
      8. FFCRA Paid Sick Leave and FFCRA Expanded FMLA Leave may be taken intermittently if the need for the leave is intermittent and if approved by the employee's supervisor.
   8. Time and Labor Recordkeeping – Employees eligible for leave as described in this policy shall use corresponding time reporting codes as noted in the exhibit below. 
3. COVID-19 Reasons for Leave
   
   1. School or Day Care Closure, or Caregiver Unavailability
      
      1. Eligible employees may use Enhanced Sick Leave to care for any immediate family member who is in need of care due to closures or limits in operation of a school, day care center, or other provider that otherwise would have cared for the immediate family member. Subject to supervisor approval, an eligible employee also may use compensatory time, personal, or vacation leave for this purpose, including the Enhanced Vacation Leave identified in this HR-700.
         
         1. This policy measure shall not apply to employees in University of Missouri Health Care or to any other units excluded by the University System’s Chief Human Resources Office.
      2. April 1, 2020, through December 31, 2020: The FFCRA provides employees with up to 12 weeks of FFCRA Paid Sick Leave and FFCRA Expanded FMLA Leave if an employee is unable to work or telework due to a need for leave because the employee is caring for the employee’s child whose school or place of care is closed or child care provider is unavailable for reasons related to COVID-19.
         
         1. The FFCRA provides all employees with up to two weeks of FFCRA Paid Sick Leave at 2/3 the employee’s regular rate of pay, up to a maximum of $200 per day and $2000 total.
         2. The FFCRA also provides employees who have been employed at least 30 days up to 12 weeks of FFCRA Expanded FMLA Leave.
            
            1. During the first two weeks of FFCRA Expanded FMLA Leave, an eligible employee may elect to use University paid leave (accrued vac/sick/personal leave, faculty annual leave), FFCRA Paid Sick Leave, or if no FFCRA Paid Sick Leave is available, the employee may take unpaid leave.
            2. After the first two weeks, an eligible employee must use all University paid leave available as part of the FFCRA Expanded FMLA Leave. Employees may choose to use Enhanced Vacation Leave for this purpose.
            3. Once Enhanced Sick Leave and accrued compensatory time, personal, and vacation is exhausted, the eligible employee will be paid at 2/3 the employee’s regular rate of pay, up to a maximum of $200 per day and $10,000 total.
         3. An eligible employee may take a maximum of 12 weeks of leave to care for a child whose school or place of care is closed or child care provider is unavailable for reasons related to COVID-19, including FFCRA Paid Sick Leave, FFCRA Expanded FMLA Leave, and any University paid leave available used concurrently with FFCRA Expanded FMLA Leave.
         4. FFCRA Paid Sick Leave and FFCRA Expanded FMLA Leave are only available if there is no other suitable person, such as a co-parent or co-guardian, to care for the child whose school or place of care is closed or child care provider is unavailable. Co-parents or co-guardians employed by the University may not take FFCRA leave to care for the same child at the same time.
   2. Quarantine or Isolation
      
      1. April 1, 2020, through December 31, 2020: The FFCRA provides employees with up to two weeks of FFCRA Paid Sick Leave if an employee is unable to work or telework due to a need for leave because the employee:
         
         1. Is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
         2. Has been advised by a health care provider to self-quarantine related to COVID-19;
         3. Is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
         4. Is caring for an individual who is subject to an order described in (a) above or has been advised to self-quarantine as described in (b) above; or
         5. Is experiencing another substantially-similar condition designated by the U.S. Department of Health and Human Services.

         FFCRA Paid Sick Leave will be paid at the employee’s regular rate for reasons (a) – (c) above, up to a maximum of $511 per day and $5110 total, and at 2/3 the employee’s regular rate of pay for reasons (d) and (e), up to a maximum of $200 per day and $2000 total. Employees may elect to use FFCRA Paid Sick Leave prior to using other available paid leave. FFCRA Paid Sick Leave may not be used concurrently with other paid leave provided by applicable policies, including the enhanced leave identified in this HR-700.

      2. If the University or public health authorities direct an employee to remain away from the worksite because the employee has had close contact with an individual with COVID-19 diagnosis or symptoms, unless symptoms are otherwise explained by existing conditions:
         
         1. The employee will telework to the extent feasible;
         2. To the extent telework is not feasible, the employee will be granted up to 15 work days of paid leave as follows: Available administrative leave (or paid leave for academic appointees) will be granted as needed to cover up to 15 working days of paid leave inclusive of any FFCRA Sick Leave previously paid.
         3. If the employee is still directed to remain away from the worksite, the eligible employee may use accrued compensatory time, personal, vacation, and sick leave in accordance with applicable policies, including the Enhanced Vacation Leave identified in this HR-700.
         4. Employees who do not have available paid leave may be approved for unpaid leave.
         5. If an employee on administrative leave receives a COVID-19 diagnosis, or develops a fever of 100.4 degrees Fahrenheit/38 degrees Celsius or higher, or is experiencing symptoms of COVID-19 unless symptoms are otherwise explained by existing conditions, the employee will discontinue administrative leave and will be covered by the policies noted below.
      3. If an employee exhibits COVID-19 symptom or receives a diagnosis of COVID-19, the following will apply:
         
         1. An employee who has COVID-19 symptoms or diagnosis will not be eligible for administrative leave.
         2. The employee may continue to telework and will not be required to use leave to the extent that they are able to perform assigned duties remotely.
         3. An employee who exhibits COVID-19 symptoms or has a diagnosis of COVID-19 may use accrued compensatory time, personal, vacation, and sick in accordance with applicable policies, including the Enhanced Vacation Leave identified in this HR-700.
         4. An employee who is exhibiting COVID-19 symptoms or has received a diagnosis of COVID-19 but who does not have available paid leave may be approved for unpaid leave.
4. The measures of this HR-700 will be construed and applied in a manner to comply with applicable laws, including but not limited to the Families First Coronavirus Response Act, Family and Medical Leave Act and laws prohibiting discrimination. To the extent that exceptions or modifications are needed to comply with such laws, they may be approved by the University System’s Chief Human Resources Office after consultation with the President and the University’s Office of the General Counsel.
5. The measures stated in this HR-700 will remain in effect until withdrawn at the direction of the President or the Board of Curators.

Exhibit - Time and Labor Recordkeeping and Summary Chart

Last updated: 08/21/2020

See Also

HR-402 Vacation
HR-403 Personal Days
HR-404 Sick
HR-407 Family Medical Leave Act (FMLA)
HR-408 Leaves of Absence
HR-413 Administrative Leave

Date Created: 03/17/2020
Updated: 03/19/2020; 03/31/2020; 04/03/2020; 05/13/2020; 08/18/2020; 08/24/2020; 11/01/2020; 01/01/2021