Work well. Be well.

EMPLOYEE ACCOMMODATION REQUESTS

During the COVID-19 pandemic, employees who are at increased risk of severe illness from COVID-19 may request reasonable accommodations or workplace adjustments.

Click here for additional information and to access the Employee Accommodation Request form.

ADDRESSING EMPLOYEES WHO DO NOT RETURN TO WORK

The following information pertains to staff employees only. Academic employees should consult Academic Personnel (https://ap.uci.edu).

The scenarios presented below provide guidance on how to manage various situations when an employee does not want to return to work. In all instances, if the appropriate response has been provided to the employee addressing their concern(s), and they are required to report to work, their failure to do so may result in appropriate corrective action. The supervisor shall consult Human Resources prior to taking any corrective action.

Jump to SCENARIOS

AVAILABLE RESOURCES

The following additional resources are available to assist with situations where an employee does not return to work or has concerns about returning to work.

SCENARIOS

  • A health condition is determined to be related to COVID-19 by the employee’s healthcare provider. If an employee cites a related condition (not directly COVID-19), the employee shall submit certification from their healthcare provider stating that the condition is related to COVID-19.
  • If the employee is sick, they should not be required to work.
  • The employee may use either or both of the following leave options:
    • UC’s COVID-19 Paid Administrative Leave (PAL) of 128 hours (or equivalent amount if part-time). Supervisor to approve before use; report on timesheet.
    • Emergency Paid Sick Leave (EPSL) of 80 hours (or equivalent amount if part-time). Employee to request usage via EPSL request form; report on timesheet.
  • If the employee is off work more than 3 days, the employee’s HR representative should send the employee a standard FMLA packet with the employee’s eligibility, rights/responsibilities, and healthcare provider certification form (if eligible).
  • If the employee requires leave longer than what PAL and EPSL provides, the employee should follow regular FMLA options, including usage of their leave accruals (sick, vacation, PTO, or compensatory time off) and filing for short-term disability.
  • Additionally, the supervisor and the employee’s HR representative should ensure an interactive process upon resumption of work duties. The Disability Management Consultant shall be consulted if the employee has any restrictions.
  • If the employee has COVID-19, the supervisor with their HR Representative should following the COVID-19 reporting procedures.
  • If the employee is believed to have contracted COVID-19 in the course of carrying out their job responsibilities, then the worker’s compensation process should also be followed, as outlined in the COVID-19 reporting procedures.
  • If the employee is sick, they should not be required to work.
  • The employee may use their regular leave options, such as sick, vacation, PTO, or compensatory time off.
  • If the employee is off work more than 3 days, send employee a standard FMLA packet with the employee’s eligibility, rights/responsibilities, and healthcare provider certification form (if eligible).
  • The employee may be eligible to file for short-term disability.
  • Additionally, the supervisor and the employee’s HR representative should ensure an interactive process upon resumption of work duties. The Disability Management Consultant shall be consulted if the employee has any restrictions.
  • A health condition is determined to be related to COVID-19 by the employee’s family member’s healthcare provider. If a related condition (not directly COVID-19) is cited, the employee shall submit certification from their family member’s healthcare provider stating that the condition is related to COVID-19.
  • If telecommuting is operationally feasible (as determined by the supervisor) and is consistent with the needs of the employee’s family member, the employee may telecommute.
  • If telecommuting is not operationally feasible, the employee may use either or both of the following leave options:
    • UC’s COVID-19 Paid Administrative Leave (PAL) of 128 hours (or equivalent amount if part-time). Supervisor to approve before use; report on timesheet.
    • Emergency Paid Sick Leave (EPSL) of 80 hours (or equivalent amount if part-time). Employee to request usage via EPSL request form; report on timesheet.
  • If the employee is expected to be off work more than 3 days, the employee’s HR representative should send the employee a standard FMLA packet with the employee’s eligibility, rights/responsibilities, declaration of relationship, and healthcare provider certification form (if eligible).
  • If the employee requires leave longer than what PAL and EPSL provides, the employee should follow regular FMLA options, including usage of their leave accruals (sick, vacation, PTO, or compensatory time off).
  • The use of PAL shall not adversely affect the delivery of essential University services. Additionally, health care workers and emergency responders are not eligible for use of EPSL to care for a family member. In these situations, the supervisor should consult Human Resources.
  • If telecommuting is operationally feasible (as determined by the supervisor) and is consistent with the needs of the employee’s family member, the employee may telecommute.
  • If telecommuting is not operationally feasible:
    • If the employee is off work 3 days or less, the employee should use their leave accruals (sick, vacation, PTO, or compensatory time off).
    • If the employee is expected to be off work more than 3 days, the employee’s HR representative should send the employee a standard FMLA packet with the employee’s eligibility, rights/responsibilities, and declaration of relationship, healthcare provider certification form (if eligible). The employee should follow regular FMLA options, including usage of their leave accruals (sick, vacation, PTO, or compensatory time off).
  • The elevated-risk population is defined as 60 years or older, people with certain health conditions (e.g. heart disease, lung disease, diabetes, kidney disease, and weakened immune system), or people who are pregnant.
  • If operationally feasible, the employee should continue telecommuting.
  • If telecommuting is not operationally feasible, the supervisor should work with their HR Representative and the Disability Management Consultant to go through the following steps:
    • Follow the interactive process under the regular FMLA/disability accommodation process.
    • The employee may be eligible for different leaves, including UC Paid Administrative Leave or Emergency Paid Sick Leave.
  • The elevated-risk population is defined as 60 years or older, people with certain health conditions (e.g. heart disease, lung disease, diabetes, kidney disease, and weakened immune system), or people who are pregnant.
  • If telecommuting is operationally feasible (as determined by the supervisor) and is consistent with the needs of the employee’s family member, the employee may telecommute.
  • If telecommuting is not operationally feasible and the If the employee is not needed to care for family member (e.g. they are just concern for their family member’s exposure), then the supervisor should follow these steps:
    • The supervisor should discuss additional safety accommodations in the workplace, where feasible, such as moving workstations and/or providing additional personal protective equipment.
    • If the employee is still concerned, then the employee may request a personal leave (sick, vacation, PTO, compensatory time off, or leave without pay), subject to normal approval process by supervisor
  • If telecommuting is not operationally feasible and the employee is needed to provide care to the family member, the supervisor should work with their HR Representative to go through the following steps:
    • The employee may use either or both of the following leave options:
      • UC’s COVID-19 Paid Administrative Leave (PAL) of 128 hours (or equivalent amount if part-time). Supervisor to approve before use; report on timesheet.
      • Emergency Paid Sick Leave (EPSL) of 80 hours (or equivalent amount if part-time). Employee to request usage via EPSL request form; report on timesheet.
      • The use of PAL shall not adversely affect the delivery of essential University services. Additionally, health care workers and emergency responders are not eligible for use of EPSL to care for a family member. In these situations, the supervisor should consult Human Resources.
    • If the employee is expected to be off work more than 3 days, the employee’s HR representative should send the employee a standard FMLA packet with the employee’s eligibility, rights/responsibilities, declaration of relationship, and healthcare provider certification form (if eligible).
    • If the employee requires leave longer than what PAL and EPSL provides, the employee should follow regular FMLA options, including usage of their leave accruals (sick, vacation, PTO, or compensatory time off).
      1. Discuss additional safety accommodations in the workplace where feasible, such as moving workstations and/or providing PPE, to address employee’s concerns
      2. If still concerned personal leave (PTO/vacation/sick/leave without pay), subject to normal approval process by supervisor
  • The supervisor should advise the employee not to come to work and refer the employee to consult by phone one of the following:
    • Employees that work on campus:
      • Employee’s own healthcare provider
      • UCI Center for Occupational and Environmental Health (COEH)
    • Employees that work at medical center:
      • UCI Medical Center Occupational Health
  • If a healthcare provider determines that the employee should be quarantined, and:
    • If telecommuting is operationally feasible, then the employee should telecommute.
    • If telecommuting is not operationally feasible, then the employee may use either or both of the following:
      • UC’s COVID-19 Paid Administrative Leave (PAL) of 128 hours (or equivalent amount if part-time). Supervisor to approve before use; report on timesheet.
      • Emergency Paid Sick Leave (EPSL) of 80 hours (or equivalent amount if part-time). Employee to request usage via EPSL request form; report on timesheet.
  • The supervisor should work with their HR representative to report the potential case for tracking at UCI.
  • The supervisor should advise the employee not to come to work and refer the employee to consult by phone one of the following:
    • Employees that work on campus:
      • Employee’s own healthcare provider
      • UCI Center for Occupational and Environmental Health (COEH)
    • Employees that work at medical center:
      • UCI Medical Center Occupational Health
  • If a healthcare provider determines that the employee should be quarantined, and:
    • If telecommuting is operationally feasible, then the employee should telecommute.
    • If telecommuting is not operationally feasible, then the employee may use either or both of the following:
      • UC’s COVID-19 Paid Administrative Leave (PAL) of 128 hours (or equivalent amount if part-time). Supervisor to approve before use; report on timesheet.
      • Emergency Paid Sick Leave (EPSL) of 80 hours (or equivalent amount if part-time). Employee to request usage via EPSL request form; report on timesheet.
  • The supervisor should work with their HR representative to report the potential case for tracking at UCI.
  • We face unprecedented times which can be concerning for many of our employees. It is understandable that employees may be fearful of resuming their regular daily lives. Supervisors should encourage employees to reach out to UCI’s Employee Assistance Program to discuss their concerns in a confidential setting.
  • The supervisor should also provide information to the employee about the steps UCI and their department are taking to ensure a safe workplace.
  • However, the employee is still required to report to work. The employee may be eligible, with supervisor approval, for a personal leave (utilizing vacation, PTO, compensatory time off, or leave without pay).
  • The employee may have an underlying medical condition. If the employee provides a medical certification from their healthcare provider, the supervisor and their HR representative should follow the FMLA process and/or the disability accommodation interactive process. Additionally, the Disability Management Consultant shall be consulted.
  • If the employee continues to refuse to report to work (and has not requested a personal leave or provided a medical certification), then consult Human Resources to determine the appropriate action.
  • We face unprecedented times which can be concerning for many of our employees. It is understandable that employees may be fearful of resuming their regular daily lives. Supervisors should encourage employees to reach out to UCI’s Employee Assistance Program to discuss their concerns in a confidential setting.
  • The supervisor should ensure that the standard UCI safety procedures are being followed.
  • If standards are being met, the supervisor should then provide information to the employee about the steps UCI and their department are taking to ensure a safe workplace. The employee is still required to report to work.
  • The supervisor and/or department facilities lead consults with EH&S if standards are not able to be met, or specific concerns not addressed.
  • If employee continues to refuse to report to work, consult Human Resources regarding the appropriate action.
  • Telecommuting determinations will be based primarily on considerations related to attributes of the position.
  • For employees that have a desire to telecommute (other than for a reason of medical condition or disability accommodation), they may request permanent or an extended period of telecommuting from their supervisor.
  • Employees will not be granted the ability to telecommute based solely on the notion that they were telecommuting during the COVID-19 response.
  • Some considerations the supervisor with use to evaluate potential telecommuting include:
    • Job responsibilities and nature of the work. Determination of whether the job responsibilities and nature of the work lend itself to telecommuting. Jobs that entail working alone or working with equipment that can be kept at the alternate work site may be suitable for telecommuting. However, jobs that require physical presence to perform effectively are normally not suitable for telecommuting.
    • Employee suitability. Assessment of the needs and work habits of the employee, compared to those customarily recognized as appropriate for successful telecommuters, such as ability to work independently and meet deadlines.
    • Alternative worksite. Consideration of whether the proposed alternative worksite would be a safe, ergonomically sound, and secure work environment. Review of the physical workspace needs and proposed alternative worksite.
    • Equipment. Evaluation of equipment needs and how they can be addressed if the employee is telecommuting. Review of any specialty equipment needed to perform work.
    • Security. Ability to ensure the protection of proprietary, private, and sensitive information accessible from the alternative worksite
    • Scheduling. Determination of whether the employee would be available during normal business hours and/or when the department is in need of contact.
  • If operationally feasible, the employee may continue telecommuting.
  • If not operationally feasible, the employee may use one or more of the following leave options:
    • UC’s COVID-19 Paid Administrative Leave (PAL) of 128 hours (or equivalent amount if part-time). Supervisor to approve before use; report on timesheet.
    • Emergency Paid Sick Leave (EPSL) of 80 hours (or equivalent amount if part-time). Employee to request usage via EPSL request form; report on timesheet.
    • Expanded Family & Medical Leave (EFML) of up to 10 workweeks paid (12 workweeks of job protection with the first two workweeks being unpaid).
  • If the employee requires leave longer than what PAL and EPSL provides, the employee may use their leave accruals (sick, vacation, PTO, or compensatory time off) or leave without pay.
  • Health care workers and emergency responders are not eligible for leave related to childcare/school closures. The supervisor should consult Human Resources for assistance.
  • We face unprecedented times which can be concerning for many of our employees. It is understandable that employees may be fearful of resuming their regular daily lives. Supervisors should encourage employees to reach out to Employee Assistance Program to discuss their concerns in a confidential setting.
  • However, if the employee’s childcare/school has reopened, the employee is required to report to work.
  • The employee may request personal leave (vacation, PTO, compensatory time off, or leave without pay), subject to normal approval process by supervisor
  • At the department and supervisor’s discretion, telecommuting for a period of time may be considered, if operationally feasible.
  • The supervisor should consult Human Resources