Hey Everybody!
I hope you all are enjoying this awesome spring we are having 🙄. Amy is in DC this week doing a Right From the Start meeting so you are stuck with me for this update. I wanted to put some very important info back in front of you guys as we seem to be experiencing a slight spike in COVID cases in the building. The CA-1 process is daunting when you first read the instructions but it is actually pretty easy once you get it going. Sometimes it takes longer than you would like to get your leave back but as far as I know everyone who followed the steps has gotten their leave back (myself included). I am happy to help walk people through the process, but please read these instructions in their entirety first because it is likely that your questions will be answered therein.
COVID CA-1 Instructions:
If you test positive for covid-19 now or in the future, you should go to ecomp.dol.gov and fill out an OSHA-301 and Form CA-1 within 30 days of the last day you were at work (I put this in bold because this was previously stated as being 30 days from your positive test and that was not correct, it is 30 days from the last day you were at work). If you are experiencing symptoms, we highly recommend testing immediately. An at home rapid test positive will be enough for the RFS to incapacitate you but it will not suffice for your CA-1 claim. To get your leave restored to you, you MUST have a third party test administered. This does not necessarily have to be a PCR test (although most of the third party ones are) but it cannot be one you took at home. For those who have asked what it means to be administered by a third party, that means a healthcare professional or a testing site, not your partner doing the swab for you. The one right by work is free and easy to use. I think they are currently allowing you to get a test without an appointment but just in case, HERE is the link to schedule one.
If you file a CA-1 within 30 days, you get as many as 45 days of continuation of pay from the time of your test result to the time that you are cleared to return to work by your physician and the Regional Flight Surgeon. Continuation of pay means that the FAA will pay you normally, instead of forcing you to take your own leave for your recovery.
If you don't file a CA-1 within 30 days, you can convert your sick leave to LWOP and get partial repayment for it as a wage loss claim once your Form CA-1 has been accepted.
100% of your base pay up front or a lot of steps to get 50-70% of your sick leave's value as a lump sum later. Contact your Regional OWCP Representative (natca.org/committees/owcp) if you have any questions.
Quick guide to ECOMP
Get the .gov email address of your supervisor of record and let a manager know that you intend to file a Form CA-1 for covid-19. While they should know to do this regardless, it’s probably a good idea to remind them to show you on continuation of pay instead of sick leave for at least the next 10 calendar days.
Go to ECOMP.dol.gov in your Web browser.
Register for an account using a personal email address and verify your registration in the follow-up email. (Skip if you already have an account.)
Sign in with the username and password you created during the registration process.
Create an OSHA-301, which notifies OSHA of an injury in a federal workplace. As of this moment, DOL’s workflow forces us to file an OSHA-301 before we can file a CA-1.
Create a CA-1. DOL has created a special CA-1 for covid-19 cases, so use that. For grade and step, enter what you see under “Pay Plan” and “Grade” found on your LES (e.g., grade “AT,” step “JH” for a CPC at an ATC-10 facility, which ZSE is in case you weren’t aware). The date of injury will be your last duty day before your positive covid-19 test. The nature of injury is “covid-19 infection,” and the cause of injury is “exposure to covid-19 at work.” Select “Continuation of pay” on the last page where you are given the option to sign and file your CA-1 electronically, if you are filing within 30 days of your positive test result.
During the process of filing or after filing your claim, upload a copy of your positive test result for covid-19.
Check your claim status in ECOMP at least once a day, until you see that (a) your supervisor has submitted his part to agency review, and (b) DOL has created a case file for it. If your supervisor wants you to correct something in your CA-1, your supervisor can send it back to you for correction and resubmission.
Check your mail regularly for correspondence from DOL. If your claim is not accepted or if you have questions regardless, please contact your Regional OWCP Representative or the National OWCP Representative.
Our regional OWCP Rep is ZLC FACREP Steph Winder. Her number is 801.633.7479. You can also find additional resources at natca.org/committees/owcp. I will help in whatever capacity I can, but Steph and the OWCP committee are the experts here. I am just someone who has been through the filing process before.
Representation Rights
Since I’ve already asked you to save this email, I wanted to throw in another important bit of information regarding your representation rights, especially as it relates to security investigations.
Article 6 Section 1:
When it is known in advance that the subject of a meeting is to discuss or investigate a disciplinary, or potential disciplinary situation, the employee shall be so notified of the subject matter in advance. The employee shall also be notified of his/her right to be accompanied by a Union representative if he/she so desires, and shall be given a reasonable opportunity both to obtain such representation, and confer confidentially with the representative before the beginning of the meeting. If during the course of a meeting it becomes apparent for the first time that discipline or potential discipline could arise, the Agency shall stop the meeting and inform the employee of his/her right to representation if he/she so desires, and provide a reasonable opportunity to both obtain representation and confer confidentially before proceeding with the meeting, if requested. The Union retains the right to determine its representatives in accordance with Article 2 of this Agreement.
This Section applies to meetings conducted by all management representatives, including DOT/FAA security agents and EEO investigators. The above provisions shall apply to meetings conducted by the National Transportation Safety Board (NTSB) to the extent the provisions are consistent with NTSB regulations and procedures. Additional representational rights regarding safety events are covered in Article 64 of this Agreement.
Article 6 Section 2:
In meetings conducted by agents of the U.S. Department of Transportation Inspector General (DOT IG), in accordance with 5 USC 7114(a)(2)(B), the employee is entitled to a Union representative if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation.
When the Agency knows in advance the subject of a meeting conducted by the DOT IG is to discuss or investigate a disciplinary, or potential disciplinary situation, with the concurrence of the DOT IG, the Agency shall notify the employee of the subject matter as soon as practicable. The Agency shall notify the employee of his/her right to be accompanied by a Union representative if the employee reasonably believes the meeting may result in disciplinary action.
We also have an MOU that requires the agency to provide us with a computer and printer for the purpose of using e-QIP in a private location mutually agreeable to both parties at the local level. Often times the FAA Personal Security Specialists (PSS) will reach out directly to the employee telling them when and where they need to be for investigative meetings. Until the agency decides to let each employee make their own schedule, this is not an acceptable practice. The PSS needs to go through your direct supervisor to arrange any interviews. Please notify your rep and your supervisor if you are contacted directly by a PSS.
I know this is a ton of info but thanks for reading this far and just save this email for future reference.
NCEPT Briefing
One last thing - just a reminder that there is a briefing this Thursday (5/12) at 9am on the NCEPT program. Ryan O’Hare from ZDV is our National NCEPT lead and there are few people more knowledgeable about one specific thing than this guy is about NCEPT. Please join up if you have the time and want to learn about the process of ERR-ing and getting released to go to another facility. He will cover the staffing workbook, priority placement tool, and how deviations work. There will also be a Q & A. The link to join is HERE.
Have a great rest of your week!
Drew
503.593.8178
