EXECUTIVE ORDER 20-05
WHEREAS, on March 11, 2020 the International Health Regulations Emergency Committee of World Health Organization declared the COVID-19 outbreak to be a pandemic; and on March 13, 2020 the President of the United States declared COVID-19 to be a national emergency; and
WHEREAS, the State of Indiana Executive Orders 20-02 & 20-04 and the City of Hammond Executive Orders 20-03 & 20-04 were issued to implement all necessary precautionary measures to protect those most vulnerable to the COVID-19 virus and to prevent the further spread of the virus; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) has provided mitigation recommendations to reduce and slow the spread of COVID-19; and
WHEREAS, prioritizing the well-being and health of Hammond residents and employees, and in following the CDC recommendations, Mayor Thomas M. McDermott, Jr. finds it necessary and proper to adopt a COVID-19 Employee Work Policy; and
WHEREAS, Mayor Thomas M. McDermott, Jr. shall present the COVID-19 Employee Work Policy to the Common Council of the City of Hammond and request that the Common Counsel suspend their regular rules of procedure and pass the COVID-19 Employee Work Policy as an ordinance amending the City of Hammond Personnel Policy due to the COVID-19 emergency; and
NOW THEREFORE, by Executive Order, Mayor Thomas M. McDermott, Jr. hereby issues the following Employee Work Policy to be implemented during the COVID-19 pandemic:
- Employees Who Test Positive for COVID-19
- A full-time employee who tests positive for COVID-19 shall self-isolate and self-report their diagnosis to their Department Head and/or the Personnel Director.
- The employee shall receive their normal salary pay while on leave, or if hourly, their normal compensation based on their average hours worked per week.
- The employee shall submit to the Personnel Director all documentation necessary to be entitled to a leave of absence under the Family and Medical Leave Act (FMLA).
- The employee will not be allowed to return to work until they are determined by their medical professional that they do not present a health risk to other employees or officials of the City. As required under FMLA, the employee must provide the Personnel Director with medical certification confirming they are fit to return to work.
- Employees Who Are Exposed to Symptomatic or COVID-19 Positive Individuals
- A full-time employee who is exposed to symptomatic or COVID-19 positive individuals shall self-report their concerns to their Department Head and/or the Personnel Director.
- The Personnel Director shall conduct a CDC Exposure Risk Category Assessment via phone and make an individualized Risk Category determination for the employee.
- If the employee is categorized as High or Medium Risk, the employee shall self-isolate for 14 days and any such self-isolation days will not be counted towards the employee’s accrued paid time off. The employee shall receive their normal salary pay while on self-isolation, or if hourly, their normal compensation based on their average hours worked per week.
- Those employees categorized as High or Medium Risk shall submit to the Personnel Director all documentation necessary to be entitled to a leave of absence under the Family and Medical Leave Act (FMLA).
- If the employee is categorized as Low Risk, self-isolation is not required. Should the employee determine it necessary to be absent from work, the employee shall use their accrued paid time off during such absence.
- If an employee with Low Risk categorization has a change in symptoms or circumstances, the employee may be reassessed by the Personnel Director and the provisions in paragraphs 2c-d shall apply.
- The Personnel Director may determine that due to an employee’s job duties, responsibilities, or location that returning them to their regular job assignment would place employees or essential City functions at considerable risk. In such instances, the Personnel Director may categorize the employee at a High or Medium Risk level, requiring self-isolation. Such self-isolation shall not be counted towards any accrued paid time off, however, the employee may be subject to remote work provisions in paragraph 3.
- Employees Over 60 Years of Age and/or with Underlying Health Conditions
- Full-time employees over the age of 60 years and/or those with a qualified underlying health condition must consult with the City’s Personnel Director working in concert with the Department Head and Mayor to determine remote work eligibility.
- Those eligible for remote work must complete a Remote Work Agreement acknowledging their ability to perform the following:
- Daily check-ins with their Department Head for new assignments and current assignment updates.
- Understand that duties may be assigned to you at home that are not a part of your regular responsibilities while at work.
- Have access to required forms of communication at home (i.e. phone, internet, employee email, etc.)
- Return to work as requested by their Department Head.
- Employees eligible for remote work must continue to adhere to all relevant City of Hammond Employee Handbook policies, including but not limited to confidentiality Sections 2-19 and 5-11.
- Abuse of this policy may be grounds for discipline up to and including suspension or discharge.
- This policy may be modified to conform with any state or federal law enacted for the purpose of addressing COVID-19 employment related issues.
This Order is in effect immediately upon my signature and shall remain in effect until further notice.