Public Health Emergency Leave (PHEL) Update

December 10, 2020 / HR News/Training

As the beginning of a new “Leave Year” approaches, we want to advise that  effective January 10, 2021, the hours of paid leave provided in the Public Health Emergency Leave Policy (PHEL) will return to a maximum of 80 hours per leave year. The exception approved in March that expanded paid time off to 160 hours will expire.

The Commonwealth has a generous paid leave program and PHEL is an essential category of leave. It helped the Commonwealth navigate workforce uncertainties, address employee anxieties, sustain the economic security and engagement of state employees, and gave agencies time to implement workplace protections and alternative business models in a mindful way.

The purpose of PHEL is to provide a temporary emergency benefit rather than an ongoing expanded leave entitlement. Based on the evolution of 2020, including the implementation of Emergency Temporary Standards for a Safe Return to Work; the stabilization and expansion of remote work; and creative scheduling adjustments to support employees and work/life balance the Commonwealth appears to be well-prepared to anticipate and absorb COVID-19 related absences with PHEL at 80 hours in combination with annual leave, sick leave, family personal leave, FML, and VSDP disability leave. Note that PHEL paid to wage employees will count against the 1500 hour threshold for ACA purposes.

DHRM acknowledges the special stresses that virtual learning and unpredictable school schedules have created for parents and for employees having special needs children or eldercare issues and any of a myriad of daily challenges.

The following exceptions related to PHEL eligibility/usage will continue:

  • Caring for family members (beyond immediate family) diagnosed with COVID-19.
  • Reasonable time to make Child/Dependent Care arrangements if related to COVID-19 business closings.
  • Reasonable time to make/adjust to Virtual or Hybrid Learning arrangements.

DHRM will continue to monitor future federal and state legislation and state workforce developments related to COVID-19 throughout the 2021 – 2022 Leave Year to determine potential impact on employee leave benefits.

Please send any questions to HRAdmin@nvcc.edu.