1Q

Explain the Employee Obligations During Severe Weather Conditions and Emergencies Policy (SWCE)?

1A

The Governor, or Governor's designee, has the sole authority to excuse employees of the Executive Branch from reporting to work during extreme weather conditions or other natural or man-made disasters or emergencies. In appropriate circumstances, the Governor shall issue an Order stating that, because of expected or existing conditions, certain employees (as designated in this policy) are excused from reporting to work. Unless such an Order has been issued, all employees of the Executive Branch shall report to and remain at work for their regularly scheduled hours or shift.

The Order may apply to all Executive Branch employees or be confined to a specific geographical region or a combination of geographical regions. The Order may be limited regarding the purpose for which it is issued, such as permitting the use of the Delaware National Guard personnel and equipment, and so may not affect Executive Branch employees in any respect.

2Q

What branches of State government are covered by Employee Obligations During Severe Weather Conditions and Emergencies Policy (SWCE)?

2A

Executive Order 77 applies to Executive Branch employees only. Legislative and Judicial branch employees are governed by separate policies and should contact their respective personnel representatives or administrators for specific information.

3Q

What is an "essential" employee? How do I know if I am essential?

3A

"Essential Employee": An employee who is indispensable to the emergency service function of his or her employing agency or department and is required to assist the department or agency in meeting its operational needs.

"Essential" employees are designated by each cabinet/agency head. Essential employees must report to work as scheduled, even during a declared SWCE.

Many "Essential" employees provide direct care at one of the State's facilities that operate 24 hours a day, 7 days a week. Some employees are "Report when Contacted." They may not normally be considered "Essential" but may be required to work at specific times.

For example, if a declared SWCE falls on a day when payroll must be processed, it's likely that payroll specialists, data entry clerks, and human resource professionals could be designated essential for that particular emergency. Employees should speak to their supervisors to find out their particular designation.

All "Essential" and SHOC/DFS employees shall be notified accordingly in writing, and a list of such employees and/or classifications shall be posted in a conspicuous location and distributed to the appropriate Exclusive Bargaining Representatives.

4Q

How are essential employees compensated for working during Severe Weather Conditions and Emergencies (SWCE) As defined in EO #77?

4A

Essential employees are compensated at their regular hourly rate of pay, plus equal time off for their scheduled shift. If they are required to work additional shifts or hours in excess of the normal work schedule, they are compensated according to existing rules governing overtime, as set forth in the Fair Labor Standards Act and the Merit Rules.

4 (a) Q

If the Severe Weather Conditions and Emergencies (SWCE) are in effect for only a portion of a shift how would essential employees be compensated?

4 (a) A

The essential employees would receive additional compensation only for the hours the SWCE is in effect. For example if the SWCE ends at 4:30 p.m. and the essential employee's shift is 3:00 p.m. to 11:00 p.m. the essential employee would receive 1.5 additional hours of compensation.

5Q

If I am not an essential employee, should I come to work if I know I can make it into work during the declared closing due to Severe Weather Conditions and Emergencies (SWCE)?

5A

As a non-essential employee, you should not report to work unless you have supervisory approval. State buildings and parking lots are often closed during an emergency.

6Q

If I am not an essential employee and report to work in error during a declared Severe Weather Conditions and Emergency (SWCE) will I be compensated?

6A

No, so it is important to check the radio, television or internet for proper information. Go to-- http://www.delawarepersonnel.com/closings/advisory.asp

Or tune into one of the radio/television stations listed.

7Q

Who makes the decision to declare closings, delayed arrival, or early departure during Severe Weather Conditions and Emergencies (SWCE)?

7A

Prior to making a decision to close State offices, open offices late or close offices early, the Governor may consult with many people, including the State Police, the Delaware Emergency Management Agency, and other senior staff members. It is not always possible to make the decision to declare SWCE as early as everyone would like but information is promptly provided to the local news media for broadcast. Employees with long commutes to work or unique problems that occur during inclement weather, such as school or day care closings, are encouraged to speak to their supervisors to determine the best way of handling unique situations. Making arrangements with your supervisor in advance may be helpful both for you and your supervisor.

8Q

How will I know if the Governor declares a closing due to Severe Weather Conditions and Emergencies (SWCE)?

8A

If the Governor declares a closing due to SWCE which affects State employees and in any way alters their work schedules, the Governor's Press Secretary immediately notifies all local radio and television stations. Media have constant access to a recorded message, updated hourly, which details any State closures, as well as any applicable emergency planning activities. Additionally, media outlets receive faxed copies of announcements from the Delaware Emergency Management Agency.

Again, employees are encouraged to listen closely and carefully to their local radio and/or television stations for pertinent information about cancellations or late openings among State agencies. You can also check the internet at http://www.delawarepersonnel.com/closings/advisory.asp

9Q

What happens if I'm on leave during a declared closing due to Severe Weather Conditions and Emergencies (SWCE)?

9A

Employees on paid annual, sick, or compensatory leave during an official closing for SWCE will have their leave records adjusted upon return to work. Employees are not charged leave time during an official declared closing for SWCE.

10Q

Are casual/seasonal employees compensated if they can't get to work during a declared closing due to Severe Weather Conditions and Emergencies (SWCE)?

10A

Casual/seasonal employees are paid for hours worked and are not compensated unless they report to work. These employees should speak to their supervisors to determine what they should do during a declared closing due to SWCE. Supervisors are encouraged to have them make up the hours during the same pay period if operationally possible.

11Q

If I'm working a compressed schedule, working 37.5 hours in 4 days instead of 5, how would a declared closing due to Severe Weather Conditions and Emergencies (SWCE) affect me?

11A

All Report When Contacted or Non-Essential employees on an alternate or compressed schedule shall have their time adjusted in accordance with that schedule and other applicable rules and regulations whenever there is a SWCE.

If an employee is scheduled to work less than the 7.5 or 8 hours that day, then they do not get credited anything extra if the State closes. If they are scheduled to work more than 7.5 or 8 hours and don't have to report to work, then they get the benefit of being off all day. The only time adjustments necessary around flexed or compressed schedules is when the employee was already on approved leave for the day.

An example would be an employee on an alternate work schedule reports at 7 a.m. to 3:30 p.m. rather than 8 a.m. to 4:30 p.m. daily, but the Governor issues an Order for the State to be closed that day during normal working hours. The employee who reports at 7 a.m. is not expected to come to work at 7 a.m. and leave at 8 a.m. On that day, the employee gets the benefit of the entire day off without being charged leave. However, if the employee is already out on approved leave, they are charged leave for the first hour, but not for the rest of the day.

12Q

What happens if the police or other emergency personnel prevent an essential employee from reporting to work?

12A

Essential employees must notify the police or other emergency personnel that they are on their way to work and are "essential" employees. If they are still unable to report to work, they must notify their supervisor and will not be charged for the absence.

13Q

What happens if mass transit stops running but the Governor hasn't declared a State of Emergency. Must I use my own leave time if I can't make it to work?

13A

Yes, employees are required to use appropriate accumulated leave. There will always be times when, for reasons outside your control, you'll be unable to make it into work. Employees must notify their supervisors immediately anytime they anticipate arriving late and/or if unable to make it to work. Failure to do so in a timely fashion could result in the denial of a leave request and, possibly, corrective action.

14Q

What happens if the Governor declares a State of Emergency due to a natural or man-made disaster but does not close State Offices?

14A

The Governor only closes State Offices if there is a specific need to do so. If you live or work in the affected area and encounter difficulty getting to work due to the disaster or emergency you are to contact your supervisor, inform your supervisor of the impending lateness and state the expected time of arrival for work. Reasonable delay (not to exceed two hours) in arriving at work due to poor travel conditions will not be a basis for charging annual leave.

15Q

If I reside outside of Delaware and the Governor of the state where I reside declares the equivalent of a State of Emergency, closes roads etc. am I excused from work in my Delaware State job with pay?

15A

No, the Governor of Delaware only has jurisdiction and control over Delaware.  If the Governor of Delaware has not closed the Delaware State office where you work you are expected to report to work as scheduled.  If you are unable to do so you are expected to notify your supervisor and follow standard call out procedures.  You may request to use available annual leave or compensatory time.

16Q

If the Governor of Delaware closes State of Delaware offices in one county and excuses employees that live or work in that county from work that day, am I also excused if I must travel through that county to get to my job assignment in a different county?

16A

The answer will be given in examples as follows:

EXAMPLE 1-

Governor excuses non-essential employees from work who live or work in Kent County due to inclement weather but does not close the roads to the general public. A non-essential employee living in New Castle County who works for the State of Delaware in Sussex County would be expected to report or use annual leave.

EXAMPLE 2-

Governor excuses non-essential employees from work who live or work in Kent County due to inclement weather and closes the roads to the general public. The non-essential employee living in New Castle County who works for the State of Delaware in Sussex County should be excused from work with pay.

Please note if in the course of driving to work an employee is specifically prevented by the police or other emergency personnel from traveling to his/her work site due to a natural or man-made emergency, the employee shall immediately notify his/her supervisor of the obstruction and shall be excused from reporting and not charged for the absence.

Employees who are required to work but who do not report to work for any other reason shall immediately notify their supervisors and shall not be paid for the absence. Employees in this category may request approval to use annual leave, accumulated compensatory time, if any, or have their pay docked; however, employees cannot assume that it will be granted and may be subject to disciplinary action if approval is not received for the absence.

Additionally if a natural or man-made emergency forces any employee to be late for work, the employee shall contact his/her supervisor, inform the supervisor of the impending lateness, and state the expected time of arrival for work. Reasonable delay (not to exceed two hours) in arriving at work due to poor travel conditions will not be a basis for charging annual leave.