Director of Human Resources for the Government of the Virgin Islands, Michelle Donovan-Stevens has said parents who have no support system and have exhausted all other means, are eligible for pandemic leave. Photo: Facebook

Deputy Governor David D. Archer Jr, left, and Director of Human Resources for the Government of the Virgin Islands, Michelle Donovan-Stevens, right, was speaking via a social media forum on Thursday, March 19, 2020. The forum was held to answer burning questions by the public and government employees on the way forward, following the partial shutdown of the Territory to help mitigate the possible spread of the Novel Coronavirus. Photo: Facebook

Minister for Natural Resouces, Labour and Immigration, Hon Vincent O. Wheatley (R9) noted in a statement on March 19, 2020 that employers are required to implement pandemic leave provisions within their organisations in a compassionate manner, which ensures business continuity, while securing the national interest. Photo: VINO/File

She said; nonetheless, employees must also bear in mind that while the option is available, the work of the public service must go on.

Donovan-Stevens, along with Deputy Governor David D. Archer Jr, was speaking via a social media forum on Thursday, March 19, 2020.

The forum was held to answer burning questions by the public and government employees on the way forward.

“We have recognised for our officers who may not have alternatives, who may not have trusted provisions, who have children under the age of 18, and they are in their care, or they are their legal guardians as well, and they have not been able to source care for those children; they have a right based on the Cabinet’s decision to take leave,” she remarked.

She added: “We will recognise this as leave authorised, that will not be charged against their annual leave, and it will be classified as well as pandemic leave due to school closures.”

The Director also revealed that persons could even work part-time, remotely or flexible hours.

Work must be done

Meanwhile, Mr Archer Jr, who also commented on the new policy, said, “The one caveat that we have to be very, very clear on is our objectives are to allow those persons can work and contribute. It is not a situation where we are saying if you are in this situation, you can go home and just hang out.”

He said messengers would play a fundamental role in delivering the daily workload.

“On a daily basis, a messenger might give you a file or two; you might not work a full eight hours; it might be six. So yes you will not be penalised if you are in that situation, but the expectation is you have to fall in line with the remote working policy along those lines,” he pointed out.

Implement pandemic leave in 'compassionate manner'- Hon Wheatley

1. At this time, it is not advised that children be allowed into workplaces and work facilities, inclusive of company vehicles or compounds, as they too have the need to be protected. Company vehicles should be sanitised regularly at the responsibility of the company. Company vehicles should not carry any unauthorised persons.
2. In order to take care of their children, all parents are encouraged to use their support systems, in the first instance, to allow them to report for duty.  
3. Employers are encouraged to implement remote work policies where possible, to minimise the need for employees with children to physically attend work.
4. Where it is not possible for all employees with children to work from home, employees and their employers are required to explore options of shift work, staggered hours of work, and/or rostering.
5.  Where there are both parents in a family, one parent is encouraged to stay at home with the children, while the other one reports for duty.
6.  Where alternative work arrangements cannot be made, the employer should consider allowing the employee to stay at home with his or her children without being penalised by either disciplinary action or by nonpayment of salary.
7.  Where discussions between employees and employers have failed to resolve the issue, the employee can contact the Department of Labour and Workforce Development at labour@gov.vg or call 284-468-4707, or 284-468-4708.
8.  Employees are advised; if they are not sick, not to stay away from work. For the duration of the COVID19 pandemic, employers are required to implement pandemic leave provisions within their organisations in a compassionate manner, which ensures business continuity, while securing the national interest.

According to Hon Wheatley, employers are encouraged to develop appropriate arrangements to ensure business continuity during this pandemic. "It is their legal duty to stay in accordance with the proper health and safety measures at the workplace."

Temporary layoffs

He also said Section 107 of the Labour Code 2010 speaks to employers having the option to temporarily lay off employees for a period of three (3) months, after that period an employer either has to return the employee to work or terminate the employee and give a severance package.

"However, the Department of Labour and Workforce Development is working on an extension of this period for particular industries affected by COVID19 on a case-by-case basis to secure jobs for the people of the Virgin Islands," Hon Wheatley said.