Enforced Leave May Be Appropriate at Times

The OPM memo also addresses what is a seldom used authority but one that can be highly controversial if used: directing an employee to remain home. It specifies that supervisors may do so based on only objective evidence, not mere suspicion. Says one of the attachments: “When a supervisor observes an employee exhibiting medical symptoms, he or she can express general concern regarding the employee’s health and remind the employee of his or her leave options for seeking medical attention, such as requesting sick or annual leave. If the employee has no leave available, supervisors are authorized to approve requests for advanced leave or leave without pay in certain circumstances. “Obtaining an employee’s agreement to take sick leave, annual leave, or leave without pay is preferable, but in some circumstances, a supervisor may find it appropriate to enforce the employee’s use of leave. In the case of a pandemic influenza outbreak, agency personnel actions aimed at preventing the spread of a disease may be taken because of the guidance or directive of public health officials regarding the general danger to public health. Supervisors should consult their human resources staff prior to effecting enforced leave, since such an action may require compliance with adverse action procedures.