Brothers and Sisters,
In response to the changing landscape associated with the COVID-19 national emergency, the following is updated guidance related to the release of non-essential employees:
The following guidance is effective immediately:
In consultation with NATCA, the Agency has determined that for the duration of the COVID-19 national emergency, the following employees in FAA air traffic control facilities are deemed non-essential and will be placed on excused absence:
· Tower: employees not certified on local or ground control.
· Tower/Approach (Up/Down): employees not certified on the above referenced positions in either the Tower or the Approach Control.
· Approach Control: employees not certified on a radar position.
· En Route: employees not certified on any radar (R-side) position.
All facilities: Employees that are performing approved Article 45 duties as of March 19, 2020, shall be deemed as non-essential and will be placed on excused absence. For clarification, an individual currently performing Article 45 duties as a result of a 3-day disqualifying medication would be released on excused absence for the duration of the 3-day incapacitation. Incapacitated employees that are currently on leave and not performing Article 45 duties would remain in their current leave status until able to return to duty. Requests for Article 45 duties from employees that become incapacitated after March 19, 2020, will be handled in accordance with the CBA.
Consistent with the Centers for Disease Control and Prevention (CDC) guidelines for people at risk for severe illness; the Agency has determined that it will approve requests for excused absence for non-telework eligible pregnant employees working in Air Traffic Facilities.
The Centers for Disease Control and Prevention (CDC) has identified people who have serious underlying medical conditions such as heart disease, diabetes, lung disease, HIV, and asthma as being higher risk for more serious complications from COVID-19 or a higher risk for severe illness. In consultation with NATCA, the Agency has determined that it will approve requests for excused absence for the duration of the COVID-19 national emergency for employees working in Air Traffic facilities with a previously reported qualifying medical condition that meets the identified CDC criteria for higher risk for severe illness.
In order to be approved for excused absence, employees who hold a medical certificate must self-report to the air traffic manager (ATM) that they have been diagnosed with one of the qualifying conditions. Employees shall not be required to disclose their medical diagnosis/status to the ATM, only that one of the covered medical conditions applies.
The ATM will provide a list of self-reported employees to the applicable regional flight surgeon (RFS) for verification. Employees who have not previously reported a qualifying medical condition will be contacted by the RFS for follow-up discussion. Employees who incorrectly report such a condition and who have been placed on excused absence will have the absence converted to annual leave for the covered period and will be recalled to duty.
All employees approved for excused absence are subject to recall during the period they are on excused absence.
Reminder: Employees who falsely report a medical condition in order to be excused from duty may be subject to disciplinary action, up to and including removal from federal service. If an employee previously falsified, concealed, or covered up a material fact related to their medical certification or who made any false, fictitious, or fraudulent statements, or representations, or entry, they may be fined up to $250,000 or imprisoned not more than 5 years, or both (Title 18 U.S. Code. Secs. 1001; 3571) in addition to being subject to disciplinary action, up to and including removal from federal service.
In solidarity,
NATCA National Executive Board