Can CA state employees work from home if they’re sick? Here’s the RTO policy

Telework’s popularity grew during the COVID-19 pandemic, as many California state workers executed their duties outside the office. But now that a return to office mandate is in place, what happens if someone gets sick?

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When employees regularly worked from home, they didn’t have to worry about transmitting disease to their colleagues. State workers have questioned what RTO policies are regarding illness and if they can work from home if they become contagious.

Statewide policies require state workers to use sick leave when taking care of themselves or a family member, according to California Department of Human Resources spokesperson Angela Musallam, meaning a pivot to a telework is not an option.

“Sick leave provides time off to address illness or injury or to care for family members, ensuring both health and job security,” Musallam wrote in a statement. “Telework is not a substitute for sick leave under the current Return to Office requirements.”

If sick leave is used on a dedicated in-office day, workers later on, according to a CalHR report. Eligible employees can accrue sick leave without limits.

Telework is a top priority for the state’s largest union, SEIU Local 1000. Its contract expired at the end of June and negotiations are underway. The union, which covers nine bargaining units and represents nearly 100,000 workers, has also called for a 20% general salary increase spread across the three years of the next contract.

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Going into negotiations, SEIU Local 1000 wanted 100% remote work for eligible employees, free parking for in-person workers and related stipends, according to previous Sacramento Bee reporting, including $25 daily for commuting and a $500 monthly for those assigned to a “high-crime worksite.”

Telework was top-of-mind Wednesday as supporters of SEIU Local 1000 picketed outside the CalHR headquarters. Many attendees held signs supporting telework, including “Telework is not political,” “I’d rather be home working” and “No RTO.” Chants were also centered around the matter.

“We save money, we save time, telework is not a crime,” picketers chanted Wednesday.

Gov. Gavin Newsom stood by RTO policies during a press conference the day before, saying the initiative aims to build office relationships and increase creativity.

“I don’t know that the world’s great breakthroughs have happened online,” Newsom said.

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