Frequently Asked Questions
Policy
Who approves the activation of the Severe Weather and Emergency Conditions policy?
The Duke Chief of Police is responsible for the early gathering of information on the criteria to be used by those responsible for declaring severe weather/emergency conditions. The Chief will advise the University Executive Vice President and the DUHS Executive Vice President of the present or worsening conditions, for each shift. The Executive Vice Presidents will confer and the University Executive Vice President will make the decision on activating and/or terminating the severe weather/emergency conditions policy for each shift. Once implemented, the policy will remain in force for the duration of the work shift.
Who decides if classes are in session and how does this affect staff, faculty and students?
The Provost, in consultation with the deans, will make a decision for all schools. Each school should have a severe weather plan developed that should include a communication process to provide accurate information and instructions for staff, faculty and students.
Who is responsible for maintaining severe weather plans?
Each entity, school, department and/or unit is responsible for developing and maintaining a severe weather/emergency conditions plan based on Duke's policy. As part of the departmental preparation, supervisors should review the severe weather policy including service category assignments with faculty and staff and ensure they understand how they will be notified of the activation and termination of the severe weather policy. In addition, each department is responsible for determining what support services it will provide staff assigned as essential service when the severe weather policy is activated. Support services can include child care, meal passes, sleeping arrangements, parking and transportation.
Who should inform staff members if they should report to work and what is expected of them when severe weather is called?
That is a decision that should be communicated by supervisors to staff members during department orientation. Supervisors should also review their departmental preparedness plan with staff twice a year during hurricane and winter seasons and also at the time of imminent severe weather to ensure staff members understand how they will be notified of the activation and termination of the severe weather policy.
How should supervisors inform staff members if the department is closed, if the building is without power or if the severe weather policy is not activated for all of the University and Health System?
As part of the departmental preparation, a notification process should be developed and communicated to all staff members. Supervisors should have an updated list of department staff members' home telephone numbers, pagers and cellular phone numbers in order to reach them during this type of event.
How does the severe weather policy affect union members?
Union members do not fall under the Severe Weather and Emergency Conditions policy. Therefore, they are not eligible for the 10% premium.
What does it mean when there are hazardous conditions?
There are some weather or emergency conditions that occur in which local school systems are closed, but Duke offices are open and services continue. During these situations each entity, department and/or school will provide operating and attendance guidelines to staff. As part of the entity, school or department planning, guidelines should be developed (1) as to whether or not "hazardous conditions" will be implemented and (2) if so, define the expectations for staff members.
Reporting to Work
Are all staff members required to work during a severe weather or emergency condition situation?
In a severe weather or emergency situation, only positions classified as essential service are required to report to work or remain at work.If a staff member's position is not designated as essential, then he/she should not report to work or remain at work while the severe weather policy is in effect, regardless of his/her ability to report to work.
Who defines what positions are designated as essential service?
Supervisors should coordinate with their department managers to ensure appropriate staffing during severe weather or emergency conditions. Staff members should be notified by their supervisors about their service category.
What happens if a staff member identified as essential fails to report to work?
This will be considered an unscheduled absence. While Duke must maintain essential functions throughout any severe weather or emergency condition, each department will review staff specific issues, taking into account the circumstances surrounding any absences that may have occurred. The entity/department Human Resources representative and Staff and Labor Relations should be consulted to determine what, if any, corrective action may be appropriate.
If Duke is following the severe weather policy, does that mean classes are canceled?
Not necessarily. Duke treats decisions about "severe weather" and "classes" separately, although the people who make these decisions do work together closely. The Provost makes the call about holding or canceling classes during severe weather. With rare exceptions, this decision applies to all of Duke's schools, although the Provost may decide that one school will remain open while another is closed. If you want to know whether your class is canceled, pay attention to the announcement about classes, not about "severe weather."
If the severe weather policy has been activated but classes are still being held, should a faculty member report to work or stay home?
In most cases, faculty are expected to attend their classes if these are held, regardless of whether the university's severe weather policy is active. If you are a faculty member and you do not have class when the severe weather policy is active, you should follow your best judgment, understanding that the severe weather policy's implementation indicates that it is inadvisable to undertake unnecessary travel.
Making Up Time/Work
How do non-exempt staff members account for time off due to severe weather?
Non-exempt staff members can account for time using PTO (short term bank), vacation, discretionary holidays or time off without pay. With prior approval from the non-exempt staff member's supervisor, staff designated as delayed or reserve service may make up time within 3 months. If the staff member is away from work on an approved sick leave request the day before the severe weather policy is activated, he/she may continue to use sick leave/PTO while the policy is active.
How do exempt staff members account for time off due to severe weather?
Exempt staff members can account for time off using PTO (short term bank), vacation, or discretionary holidays. With prior approval from the exempt staff member's supervisor, staff designated as delayed or reserve service may make up work within 3 months. If the staff member is away from work on an approved sick leave request the day before the severe weather policy is activated, he/she may continue to use sick leave/PTO while the policy is active. Exempt members cannot account for time off using time without pay. Exempt staff members are paid a fixed monthly salary as required by the Fair Labor Standards Act. This salary provides compensation for duties performed rather than hours or days worked.
Are supervisors required to let staff members make up time/work?
Supervisors have the discretion to allow time/work to be made up based on circumstances and type of work. If the staff member and supervisor agree that the time/work can be made up, the time/work should be made up within 3 months of the severe weather event.
Recording Time/Compensation
Does the one-hour grace period and 10% premium apply to both exempt and non-exempt staff members?
The one-hour grace period and the 10% premium only apply to non-exempt staff members. When a non-exempt staff member arrives within one hour of the start of the shift (within the one-hour grace period), pay will be provided from the start of the shift time. A 10% premium will be applicable for all hours worked on-site during any shift in which the policy is activated. Exempt staff are paid a fixed monthly salary as required by the Fair Labor Standards Act and are not eligible to receive the 10% premium.
If a non-exempt staff member assigned to essential service arrives during the one-hour grace period and leaves early, would he/she still receive pay for the grace period and the 10% premium?
When a non-exempt staff member arrives within one hour of the start of the shift (within the one-hour grace period), pay will be provided from the start of the shift time. The 10% premium should be applied for all hours worked on-site during any shift in which the policy is activated.
If a non-exempt staff member who has been assigned to delayed service comes to work when severe weather has been called, is he/she eligible for the one-hour grace period and 10% premium?
Only non-exempt staff members whose positions are classified as essential service will receive the one-hour grace period and the 10% premium. Any exceptions to this policy for a particular weather event will be made on a case-by-case basis by the entity/school/department leaders in concert with the entity/department Human Resources representative and Staff and Labor Relations. When Duke officials activate the severe weather policy, only staff members in positions designated as essential service are to report to work unless instructed to do otherwise by their supervisor. If a staff member's position is not designated as essential, then he/she should not report to work or remain at work while the severe weather policy is in effect, regardless of his/her ability to report to work. If a school/department/unit is unsure of the need to call in staff during severe weather, supervisors should classify those staff members as reserve service and decide which service category is appropriate for each severe weather event. Once a decision has been made for that event, the staff member follows the policy for appropriate compensation, notification and support services.
Is the one-hour grace period and 10% premium given to non-exempt staff members who are moved from reserve to essential service at the time severe weather is called?
Yes, for non-exempt staff members moved to essential service, the one-hour grace period and the 10% premium do apply.
How do you record the 10% premium for non-exempt staff members?
It should be recorded as a payroll designation of a Code 8 on the time report.
If a non-exempt staff member and his or her supervisor agree that the staff member can make up time missed due to severe weather, how should this time be recorded?
All hours worked must be recorded appropriately and accurately through the staff member's designated time reporting system. When severe weather requires a staff member to leave work early or prevents a staff member from reporting to work, lost time is not counted as work time. Time lost due to severe weather must be charged to a staff member's vacation, discretionary holiday, PTO account, charged as time without pay, or any combination of these. Note: Recording lost time as time worked is considered a falsification of Duke records, which may lead to immediate termination.
If a non-exempt staff member makes up time, does he/she receive overtime pay?
It depends. If a non-exempt staff member "makes up time" and the recording of that time creates an overtime situation, then yes. A department may avoid an overtime situation by scheduling the staff member to "make up the time" during a week or pay period when he/she does not work a full 40 hours/week or 80 hours/pay period. See example below.
If a staff member has worked less than 90 days (probationary period) and has not yet been credited with accrued PTO or vacation days, can he/she use PTO, vacation days, or discretionary holidays during severe weather?
Yes, staff members within the 90-day probationary period may use accrued vacation, discretionary holidays, or PTO (short term bank), during severe weather. If the supervisor agrees, the staff member may elect to make up the time/work over the next three months.
What happens if a staff member does not have accrued time available for use during an emergency situation?
If there is no accrued time available, non-exempt staff members must record the time away from work without pay. Exempt staff member must make up the work missed or be debited PTO, vacation or discretionary holidays once accrued.
Example: Time Reporting for Making Up Time Based on Severe Weather
Example : Without Overtime: More than 8 in a Day and 40 in a Week
| Day | First Week of Pay Period | Second Week of Pay Period |
|---|---|---|
| Sunday | -- | -- |
| Monday | 8.0 Hours Vacation | 8.0 Hours Worked |
| Tuesday | 8.0 Hours Worked | 8.0 Hours Worked |
| Wednesday | 8.0 Hours Worked | 8.0 Hours Worked |
| Thursday | 8.0 Hours Worked | 8.0 Hours Worked |
| Friday | 8.0 Hours Worked | 8.0 Hours Worked |
| Saturday | 8.0 Hours Worked | -- |
| Subtotal for Week | 40.0 Hours Worked 8.0 Hours Vacation |
40.0 Hours Worked |
| Total for Two Weeks | 80.0 Hours Worked + 8.0 Hours Vacation = 88.0 Hours Paid Time (no overtime) |
|