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Administrative Policy Manual

Chapter 310-1- Designation of Emergency and Non-Emergency Employees for Periods of Inclement Weather or Other Temporary Closings

Updated: 12 December 2001

PURPOSE

This issuance describes the policies and procedures for the designation of emergency Clinical Center employees and their leave status during periods when NIH is temporarily closed. It also describes the NIH Washington, D.C. area closure and early dismissal procedures for non-emergency employees (including employees telecommuting from an alternative worksite) in the event of inclement weather or other disruption.

POLICY

The Clinical Center's patient care services and functions must continue regardless of the temporary closing of NIH and other federal agencies due to inclement weather, massive power failures, or other disruptions. Therefore, specific Clinical Center employees are designated as emergency employees in carrying out these functions and are expected to report to or remain at work during such temporary federal closings.

All other Clinical Center employees, not specifically designated in writing to be emergency employees, are considered to be non-emergency employees and subject to closure and early dismissal procedures outlined by the Office of Personnel Management (OPM).

The designation of emergency employees is at the discretion of each CC department head.

PROCEDURES:

  1. EMERGENCY EMPLOYEES
    1. Designation of Emergency Employees

      2. CC department heads are to develop plans outlining the designation of emergency employees in the event of hazardous weather or other emergency situations.

    2. Annual Notification of Emergency Employees

      3. Each CC department head must notify its emergency employees of this designation in writing, preferably when they first enter on duty and in October of each year. Emergency employees must also be given a copy of the departmental emergency employee plan, which should include the responsibilities, requirements, and expectations associated with that status (see "Sample Notification of Emergency Personnel").

    3. Emergency Employee Responsibilities

      4. All emergency employees are required to report for duty as scheduled or as instructed by their supervisors regardless of any general announcement (i.e., internet, radio, television) that federal employees are not required to report to work.

      Each emergency employee is responsible for providing his or her transportation to and from work. It might be advisable for emergency employees who car pool to have an alternative transportation plan when circumstances require reporting to or remaining at work in adverse conditions. Additionally, the Clinical Center coordinates a 4-wheel drive transportation network during inclement weather.

      Any emergency employees who are unable to report to work must call their supervisor within one hour before the start of their shift. The supervisor will evaluate employees' individual situations and decide on the type of leave the employee will be charged (see 4 below).

      Individual emergency employees may be detailed to other areas of the hospital to support the patient care mission.

      The cooperation of emergency employees in carrying out their important responsibilities even under adverse conditions is appreciated, but federal regulations do not provide for premium pay or compensatory time for emergency employees, even if others at NIH are excused from work.

      The Clinical Center provides accommodations for patients, families, and staff who are unable to leave the Clinical Center during inclement weather. Emergency employees who remain on campus during an emergency period beyond their tour of duty are eligible for pay only if they actually work during this period, e.g., merely staying at the Clinical Center does not convey pay eligibility if the employee is not assigned work or is not in a duty status.

      In accordance with established guidelines, special alternative arrangements may be negotiated with handicapped individuals who would have difficulty commuting during hazardous weather conditions.

    4. Leave and Excused Absence of Emergency Employees

      5. If a designated emergency employee is unable to report for duty, his or her supervisor will determine the type of leave charge to be made (annual leave, sick leave, LWOP). The Office of Human Resources Management (CC/OHRM) should be consulted in questionable cases. No employee will be charged AWOL automatically because he or she was not able to report for duty.

      Emergency employees who report late because of unusually hazardous weather conditions and/or transportation difficulties resulting from those conditions may be excused by the supervisors without charge to leave when late arrival is deemed unavoidable and the employee has made reasonable effort to arrive on time.

      In certain work areas a designated emergency employee may be excused by the supervisor after reporting to work and no charge to leave will be made (see 5 below).

    5. Supervisory Discretion in the Early Dismissal of Emergency Employees

      6. When a decision is made to dismiss federal employees during the workday, an employee in actual duty status at the time of dismissal may be excused by the supervisor even though he or she is designated as an emergency employee. When an emergency employee is excused from duty after the early dismissal, no leave charge will be made. Employees are considered to be in actual duty status if they are:

      1. on duty at the time of dismissal; or
      2. on duty when the agency issues formal notification of the scheduled early dismissal, but have requested and been granted leave between notification and actual dismissal.

      The definition of a day is midnight to midnight, therefore, evening and night shift employees are to be treated similarly to day shift employees.

  2. NON-EMERGENCY EMPLOYEES
    1. Disruptions Before the Workday Begins for Non-Emergency Employees

      2. If a disruption occurs before the workday begins, OPM will provide an announcement to the media by 6:00 a.m., whenever possible. Employees should listen to reporting information broadcast on local radio and television stations or check OPM's website. At that time OPM will provide one of the following five announcements. Only the italicized statements will be announced. Supervisors and non-emergency employees are responsible for being aware of the meaning of each announcement.

      Federal agencies in the Washington, DC are OPEN; employees are expected to report for work on time. This means federal agencies will open on time and all employees are expected to report for work as scheduled. (NOTE: OPM frequently does not make an announcement when no changes are required in federal operations.)

      Federal agencies in the Washinton, DC area are OPEN under an UNSCHEDULED LEAVE policy. This means federal agencies will open on time, but employees not designated as emergency employees who cannot report for work may take annual leave or LWOP, without the prior approval of their supervisors, for a portion of or the entire scheduled workday. Employees should inform their supervisors of their intentions. Employees designated as emergency employees are expected to report for work on time.

      Federal agencies in the Washington, DC area are OPEN under a DELAYED ARRIVAL policy. Employees should plan to arrive for work no more than ## hours later than they would normally arrive. This means federal agencies will open on time, but non-emergency employees may adjust their normal arrival time consistent with the announcement. For example, if an employee normally arrives at work at 8 a.m. and is directed to arrive no more than 2 hours late, the commuter would be granted excused absence from 8 a.m. until 10 a.m. Employees who arrive for work more than ## hours later than their normal arrival time will be charged annual leave or LWOP for the additional period of absence. Employees designated as emergency employees are expected to report for work on time.

      Federal agencies in the Washington, DC area are OPEN under a DELAYED ARRIVAL/UNSCHEDULED LEAVE policy. Employees should plan to arrive for work no more than ## hours later than they would normally arrive, and employees who cannot report for work may take unscheduled leave. This means federal agencies will open on time, but non-emergency employees may adjust their arrival time consistent with the announcement. Non-emergency employees who arrive no more than ## hours late will be excused without loss of pay or charge to leave while those who arrive more than ## hours late will be charged annual leave or LWOP for the additional period of absence. Non-emergency employees who cannot report for work may take annual leave or LWOP without the prior approval of their supervisors. Employees should inform their supervisors if they plan to take annual leave or LWOP. Employees designated as emergency employees are expected to report for work on time.

      Federal agencies are closed. This means federal agencies are closed and employees not designated as emergency employees are excused from duty without loss of pay or charge to leave. Employees designated as emergency employees are expected to report for work on time.

    2. Disruptions After the Workday Begins for Non-emergency Employees

      3. If a disruption occurs after the workday begins, OPM will provide an announcement to the media and on the OPM website.

      Federal agencies in the Washinton, DC area are operating under an EARLY DISMISSAL policy. Employees should be dismissed by their agencies ## hours earlier than their normal departure time from work. This allows non-emergency employees to leave work early relative to their normal departure times. For example, if a 3-hour early dismissal is announced by OPM, employees who would normally leave work at 5 p.m. would be authorized to leave at 2 p.m.

  3. EMPLOYEE RIGHTS

    4. Employees have the right, through the DHHS grievance procedure or the negotiated grievance procedure, if applicable, to challenge either the designation of emergency or any decision made concerning charged leave.

  4. NEGOTIATED UNION CONTRACTS

    5. In the event this policy is in conflict with a negotiated agreement in those areas with exclusive recognition, the union contract will become the controlling document.

REFERENCES

SAMPLE NOTIFICATION MEMORANDUM TO EMERGENCY PERSONNEL

(Date)

TO: (Employee's Name, Position Title, Series & Grade)

FROM: (Supervisor's Title, Department, Section)

SUBJECT: Designation as Emergency Personnel

References:

(a) HHS 610-3
(b) CC Emergency Employees Policy (A94-16)

References (a) and (b) provide guidelines involving hazardous weather conditions. Reference (b) also requires CC management to give written notification to employees whose presence on the job is required regardless of any general dismissal authorization and who must report for work regardless of any closing notice.

Your job/position is hereby designated as EMERGENCY. As an emergency employee, you are expected to work your assigned tour of duty unless your absence is approved, in advance, by management.

Attached you will find a copy of the emergency employee plan for our department.

(Supervisor's Signature)