As many districts are set to return from Spring Break and others prepare to go on break, we are all hearing news that the number of cases of Coronavirus in Texas and the U.S. continues to rise. At the same time, the CDC has expanded the number of countries subject to Level III notice, requiring a 14-day self-quarantine for anyone entering the U.S.
A complete list of countries under Level III notice is available on the CDC website at:
1. How do I determine whether an employee poses a risk?
Districts should require employees to notify human resources, a nurse (or for extended closures), or a designated administrator if they have: i) recently traveled to a Level III country, ii) had close contact with others who have traveled to at-risk countries, iii) had contact with a family member confirmed to have COVID-19, and/or iv) traveled on a cruise ship or to cities or states identified as high risk.
2. What kind of questions am I allowed to ask?
Administrators may ask:
- whether an employee has been experiencing symptoms of COVID-19.
- whether an employee has recently traveled or been in close contact with someone who recently traveled to any of the Level III countries, or a city or state in the U.S. experiencing an outbreak of Coronavirus.
- whether an employee has spent time around someone confirmed to have COVID-19.
Administrators should refrain from asking questions about underlying medical conditions and should treat any information about potential symptoms of Coronavirus as confidential.
3. Can I require employees to stay home if I am worried that they may have been exposed to Coronavirus?
If an administrator has sufficient information to believe that an employee may pose a risk to the health of other employees based on the information described in question 1, the district could require the employee to remain at home for the 14-day incubation period. Any decisions regarding which employees should be placed on mandatory leave should only be based on the above information, and not speculation or concern based on an employee’s race, ethnicity,
or national origin. All preventative measures should be enforced uniformly and consistently.
4. How should I address leave for employees required to stay home for 14 days?
If an employee is being asked to remain at home, the district should allow the employee to apply any paid leave they have accrued. For employees who have exhausted their paid leave, review the district’s Board Policy DEC (LOCAL) to see if the employee would be eligible for leave from a sick leave bank or pool, or for emergency leave, as applicable. The district may also be flexible in granting the employee FMLA leave (for example, relaxing requirements for
medical certification, or granting additional unpaid protected leave if necessary). If the employee experienced symptoms while under quarantine, the district may require a fitness to return before the employee can return to work.
5. Can the district pay employees for days they are required to take off if employees exhaust all their leave time?
If a district would like to compensate employees placed on mandatory leave (or during an extended closure), the board may decide to pass a resolution to pay employees who have lost pay due to the pandemic. To avoid the prohibition on gifts of public funds, the board must identify a legitimate public purpose for the expenditure. For example, if the leave is taken to protect the health of students, staff, and the local community, the board should identify
this purpose in a resolution authorizing compensation for those employees.
To overcome a challenge that such a payment is a gift of public funds, the board should adopt a resolution or take similar action at an open meeting that complies with the TOMA. The resolution or action should address (i) the public purpose served by the payment(s), and (ii) which employees will receive payment(s).
6. Should I grant leave to employees who request to stay home because they are worried about contracting Coronavirus?
If an employee is not suspected of having been exposed to Coronavirus but is requesting to take a leave of absence because they fear contracting the virus, the district should follow its local leave policies; however, the employee is not likely eligible for FMLA leave.
Caveat: if the employee has a medical condition or disability that would make them more susceptible to contracting Coronavirus, treat the request as one for accommodation under the ADA, request medical documentation from the employee and engage in the interactive process.
7. What else should I bear in mind while addressing employee leave issues?
Ensure information related to employees’ need for leave remains confidential. If you have an employee with a confirmed case, you should inform coworkers that they may have been exposed, but administrators should avoid identifying the infected employee.
In addition, any medical related documents should be kept in a location separate from employees’ personnel files.
8. Where can I find more information, and what should I share with district employees?
Share any information about steps that the district is taking to ensure the safety of staff and students, such as additional cleaning measures and encourage sick employees to say home. The Centers for Disease Control (CDC) and the Texas Department of State Health Services (DSHS) have helpful resources for information, and both are regularly updating information. DSHS provides the Coronavirus case count in Texas (updated daily), and the CDC offers useful
guidance, as well as an updated list of countries subject to Level III restrictions.
Helpful links:
The TEA has now set up a website to provide guidance for school administrators on a range of concerns and issues relating to the Coronavirus:
