For members who have been laid off or are unemployed due to COVID-19

For members who have been furloughed due to COVID-19

    Furlough Form
    For those members who have been furloughed

    Have you been furloughed? As in, did your employer tell you not to come in to work for some period of time this month? Maybe you were told not to come in for one day. Maybe you were told to come in every other week. When you're not working, your employer does not pay you. Instead, your employer may give you the option to take your accrued leave. Or your employer may give you the option to apply for unemployment.
    Whatever your situation, please tell us so that we can ensure that your employer does not deduct OPEIU Local 2 dues from your paycheck. Please fill out the form for each month that you are furloughed. 

​COVID-19 testing and statistics for DC. MD and VA

Concerned about COVID-19 exposure at work? OSHA has guidelines for that.

Early on in the COVID-19 outbreak, OSHA received complaints about a lack of personal protective equipment (PPE) and possible COVID-19 infections in workplaces. On April 13, 2020, OSHA responded with guidance to area offices on how to respond to COVID-19-related complaints.
As a union member, here's what you should know: 

Are you an essential worker?
(In Maryland, the Easter Bunny is)

The US Department of Homeland Security's Cybersecurity & Infrastructure Security Agency (CISA) defined 14 sectors as essential: chemical management, communications and information technology, community-based government operations and essential functions, defense industrial base, energy, financial services, first responders, food and agriculture employees, hazardous material management, healthcare employees, manufacturing, public workers, transportation and logistics, and water and sanitation. CISA's definition guides US states and DC as they, in turn, define which sectors and employees are essential. 

Bargaining: workplace health & safety in the time of COVID-19

Your right to a safe workplace during the COVID-19 pandemic

The Centers for Disease Control and Prevention (CDC) have stated that all employers need to consider how best to decrease the spread of COVID-19 and lower the impact in their workplace. This may include activities in one or more of the following:
On April 13, 2020, the US Department of Labor's Occupational Safety and Health Administration (OSHA) published guidance for its area offices on how to prioritize, investigate and process COVID-19-related complaints at workplaces. As a union member, here's what you should know:  ​ 
Early on in the COVID-19 outbreak, OSHA published interim guidance for most US workers and employers of workers unlikely to have occupational exposures to COVID-19. OSHA has stated that for most types of workers, the risk of infection with COVID-19 is similar to that of the general American public. However, workers at increased risk include those in healthcare, deathcare, laboratory, airline, border protection, and solid waste and wastewater management operations and travel to areas with ongoing, person-to-person transmission of COVID-19 should remain aware of the evolving outbreak situation. Regardless of which sector workers are in, employers should adapt infection control strategies based on a thorough hazard assessment, using appropriate combinations of engineering and administrative controls, safe work practices, and personal protective equipment (PPE) to prevent worker exposures.
Click here to read OSHA's Guidance on Preparing Workplaces for COVID-19. 

​Sources
Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)​
​US Department of Labor's Occupational Safety and Health Administration, Guidance on Preparing Workplaces for COVID-19
US Department of Labor's Occupational Safety and Health Administration, COVID-19
US Department of Labor's Occupational Safety and Health Administration, Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19), April 13, 2020.

For shop stewards: the union's right to information

Unions have the right to obtain information from an employer, which includes health and safety information. It's not written in the National Labor Relations Act (NLRA) - it's due to how the US Supreme Court interprets Section 8(d), which requires employers and unions to bargain collectively, to provide a union with the right to information in order that it be able to fulfill its responsibilities to negotiate, monitor, and enforce contracts. Since health and safety is a mandatory subject of bargaining, an employer's refusal to provide health and safety information, or unreasonable delays in doing so, constitutes an Unfair Labor Practices (ULP) and violates NLRA Section 8(a)(5).
Click here for an "Information Request and Request to Bargain" template specifically for the COVID-19 pandemic context.
Your employer may have set up a committee (or committees) to deal with the COVID-19 pandemic. Request to be on any and all committees. If you can’t get on a committee, arrange for briefings from management representatives, request any COVID-19-related written policies and emergency plans developed by management.
Working remotely? You should still meet with management via call/webex to keep updated. Ask about protection for people who are reporting to work in person, updates regarding any exposures to COVID-19 in your workplace, and any other health & safety issues specific to your workplace. Bring member health & safety issues to the employer as soon as you hear about them. Document in your notes all actions taken by management to address your concerns and save them. You made need this later if management does not agree to address documented safety concerns.

Sources 
New York Committee for Occupational Safety and Health, Union Rights to Health and Safety Information and to Access to Employer's Premises Under Federal Labor Law (October 2014)
Office and Professional Employees International Union, COVID-19 Bargaining Issues (March 30, 2020).

For shop stewards: bargaining

Bargaining over the impact of COVID-19
As mentioned above, health & safety is a mandatory subject of bargaining. So, in the context of the COVID-19 pandemic, your employer has a duty to bargain with OPEIU Local 2 over the following issues. Even if the union has waived the right in your collective bargaining agreement (CBA), your employer is still required to bargain over the effects of its decision. Even if your CBA has language on all of the issues below, initiate "What if" discussions with management. Note: Talk with your staff representative before talking with management.  
  • Layoffs. An employer must bargain with the union over layoffs. Even if your employer has a waiver in your collective bargaining agreement (CBA), your employer may be required to bargain over the effects of the layoff. 
    • Seek the employer's no-contest to affected workers’ claims for unemployment and other public benefits.
    • Try to get the employer to extend insurance benefits for the laid-off employees for 30-60 days.
  • Health and Safety Rules. An employer must bargain with the union over changes to existing health and safety rules, or implementation of new rules. 
  • Changes in Hours. Even if a layoff is not needed, an employer must bargain with the union over furloughs, a reduction in working hours, changes to employees’ schedules, or offering unpaid leave. 
  • Wage Freezes or Healthcare Changes. An employer must bargain with the union if it finds it necessary to reduce wages or change healthcare plans,  require the union to agree to engage in mid-term negotiations. 
  • Demand bargaining and seek special emergency agreements over COVID-19 related quarantine/closure/layoff/furloughs/reduced hours, etc.
Contract bargaining Grievances
  • If you and your staff representative can settle grievances now, do it. If the parties can’t settle satisfactorily, try to get management to agree to extend all timelines for at least 60 days.
  • For grievances involving a termination, remind management that it's better to settle now than allow the liability for back pay to pile up for the next months. In the meantime, try to get the employer to agree not to fight any claims for unemployment insurance.
Arbitrations
  • Some arbitrators are now conducting arbitrations via videoconference. Others are postponing. If you find yourself in a situation where you can’t settle a grievance in a fair and equitable way, and the Union decides to move to arbitration, you'll need to defer to the arbitrator’s wishes.
Note: Again, talk with your staff representative before talking with management about any of the above. 

​Sources
New York Committee for Occupational Safety and Health, Bargaining to Promote Safety and Health (October 2014)
​Office and Professional Employees International Union, COVID-19 Bargaining Issues (March 30, 2020).
Pryzbylski, David J. "Do You Have To Bargain With Your Union Over Your Coronavirus Response Measures?," The National Law Review (March 19, 2020). 

New paid sick leave and family & medical leave laws due to COVID-19
effective April 1-December 31, 2020


​The Families First Coronavirus Response Act (FFCRA) consists of two Acts: The Emergency Paid Sick Leave Act (EPSLA), which provides for paid sick leave, and the Emergency Family and Medical Leave Expansion Act (EFMLEA), which provides for expanded family & medical leave. FFCRA is effective April 1 through December 31, 2020.
Please ask your shop steward or staff representative to find out if your employer is covered by FFCRA (EPSLA and EFMLEA). If so, you and your bargaining unit members may qualify for paid sick leave or expanded family & medical leave.

Paid sick leave provided under the Emergency Paid Sick Leave Act (EPSLA)

Who it’s for
Public sector employees, including federal, state, and local agency employees are generally covered. The OMB has authority to exclude certain federal employees.
Private sector (including non-profit) employees whose employers have fewer than 500 employees. Please see a list of employers and employees who may be excluded at the bottom.
 
What it is
It’s 2 weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis;
- OR -
It’s 2 weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay because the employee is unable to work because of a need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor. Please note that an employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the first two weeks of partial paid leave under this section.
 
Qualifying reasons
An employee qualifies for paid sick time if the employee is unable to work (or unable to telework) due to a need for leave because the employee:
  1. Self: Is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;
    • Full-time employees eligible for 80 hours of leave
    • Part-time employees eligible for the number of hours of leave that the employee works on average over a two-week period
    • Employees are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
  2. Self: Has been advised by a health care provider to self-quarantine related to COVID-19;
    • Full-time employees eligible for 80 hours of leave
    • Part-time employees eligible for the number of hours of leave that the employee works on average over a two-week period
    • Employees are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
  3. Self: Is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
    • Full-time employees eligible for 80 hours of leave
    • Part-time employees eligible for the number of hours of leave that the employee works on average over a two-week period
    • Employees are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).
  4. Other: Is caring for an individual subject to an order described in (1) or self-quarantine described in (2);
    • Full-time employees eligible for 80 hours of leave
    • Part-time employees eligible for the number of hours of leave that the employee works on average over a two-week period
    • Employees are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200/day and $2,000 in the aggregate (over a 2-week period).
  5. Child: Is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19; or
    • Full-time employees eligible for up to a max of 12 weeks of leave (i.e. 2 weeks of paid sick leave + up to 10 weeks of paid expanded family & medical leave) at 40 hours a week
    • Part-time employees eligible for leave for the number of hours that the employee is normally scheduled to work over that period
    • Employees are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200/day and $12,000 in the aggregate (over a 12-week period). 
  6. Self: Is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury. Note: No condition similar to COVID-19 has been identified to date.
    • Full-time employees eligible for 80 hours of leave
    • Part-time employees eligible for the number of hours of leave that the employee works on average over a 2-week period
    • Employees are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200/day and $2,000 in the aggregate (over a 2-week period).
 
Notice requirements
Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. After the first workday of paid sick time, an employer may require employees to follow reasonable notice procedures in order to continue receiving paid sick time.

Expanded family & medical leave ​provided under the Emergency Family & Medical Leave Expansion Act (EFMLEA)

Who it’s for
Public sector employees, including federal, state, and local agency employees are generally covered. Federal government employees subject to Title I of FMLA are covered. The OMB has authority to exclude certain federal employees.
Private sector employees whose employers have fewer than 500 employees.
Please see a list of employers and employees who may be excluded at the bottom.
The employee must have been employed for at least 30 calendar days immediately prior to taking the leave.
Employees must not have already used their 12 weeks as allowed under FMLA.
 
What it is
This is leave for when an employee is unable to work due to a need for leave to care for a child whose school or childcare provider is closed or unavailable for reasons related to COVID-19.
It’s a max of 12 weeks of job-protected leave while maintaining health insurance: 2 weeks of unpaid leave; or 2 weeks of paid sick leave under EPSLA; or 2 weeks of accrued vacation, sick/medical or personal leave (an employer cannot force an employee to use their accrued leave, though). This is followed by up to an additional 10 weeks of paid expanded family and medical leave at no less than 2/3 the employee’s regular rate of pay.
An employer is not required to pay more than $200/day or $10,000 total to an employee.
 
Qualifying reasons
An employee qualifies for expanded family leave if the employee is caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID-19.
 
Notice requirements
Where leave is foreseeable, an employee should provide notice of leave to the employer as is practicable. 

Requesting paid sick leave and expanded family & medical leave

​When requesting paid sick leave or expanded family and medical leave, you must provide your employer either orally or in writing (we recommend in writing!) the following information:
  • Your name,
  • The date(s) for which you request leave,
  • The reason for leave, and
  • A statement that you are unable to work because of the above reason.
If you request leave because you're subject to a quarantine or isolation order or to care for an individual subject to such an order, you should additionally provide the name of the government entity that issued the order. If you request leave to self-quarantine based on the advice of a health care provider or to care for an individual who is self-quarantining based on such advice, you should additionally provide the name of the health care provider who gave advice.
If you request leave to care for your child whose school or place of care is closed, or childcare provider is unavailable, you must also provide:
  • The name of your child;
  • The name of the school, place of care, or childcare provider that has closed or become unavailable; and
  • A statement that no other suitable person is available to care for your child.
In addition to the above information, you must also provide to your employer written documentation in support of your paid sick leave.
Please also note that all existing certification requirements under the FMLA remain in effect if you're taking leave for one of the existing qualifying reasons under the FMLA. For example, if you're taking leave beyond the two weeks of emergency paid sick leave because your medical condition for COVID-19-related reasons rises to the level of a serious health condition, you must continue to provide medical certifications under the FMLA if required by your employer.

For shop stewards

Talk to your staff representative to find out if your employer is covered by FFCRA (EPSLA and EFMLEA). If so:
  1. Please be sure to read the above sections: Paid sick leave, Expanded family & medical leave, and Requesting paid sick leave and expanded family & medical leave.
  2. Your employer must post notice of the FFCRA in a conspicuous place. If you and your coworkers are teleworking, your employer can post it electronically on an intranet or website, or mail or email it.
  3. A Department of Labor Wage and Hour Division synopsis of the FFCRA can be found here: Families First Coronavirus Response Act: Employee Paid Leave Rights. Fact sheets, posters, FAQs, and an excellent 28-min webinar can be found here: COVID-19 and the American Workplace. 
  4. If your employer closed its business before April 1, 2020, thereby laying off employees, those employees are not retroactively entitled to FFCRA benefits. If your employer furloughed employees before April 1, 2020, those employees are not retroactively entitled to FFCRA benefits.
  5. If your employer closed/closes its business after April 1, 2020 before employees took/take the paid sick leave or expanded family & medical leave, those employees are not entitled to FFCRA benefits.
  6. Through April 17, 2020, the Department of Labor (DOL) won’t bring enforcement actions against covered employers out of compliance with FFCRA. However, DOL does expect covered employers out of compliance to remedy the situation. Beginning April 18, 2020, DOL will bring enforcement actions against covered employers out of compliance.
Sources
US Department of Labor’s Wage and Hour Division, Families First Coronavirus Response Act: Employee Paid Leave Rights.
US Department of Labor’s Wage and Hour Division, COVID-19 and the American Workplace

​Stay-at-Home Orders, COVID-19 testing and statistics for DC/MD/VA