When can educators use quarantine vs. sick leave?
Updated: January 25, 2022
On Jan. 11, the Hawaii Department of Health (DOH) released updated guidance for K–12 schools that reflects new recommendations from the U.S. Centers for Disease Control and Prevention (CDC). Shortly after, the Hawaii State Department of Education (HIDOE) released updated Return to School/Work Criteria for students and staff. Because the new DOH guidance reduced recommended quarantine and isolation to five (5) calendar days, the HIDOE updated its COVID-19-related leave memo and chart.
The Hawaii State Teachers Association (HSTA) met with the HIDOE to get clarification, and has the following guidance for Bargaining Unit 05 (BU05) members seeking to utilize quarantine leave. BU05 members are those eligible to be covered by the Hawaii State Teachers Association. Please consult your school-level leaders or your HSTA UniServ Director if you have questions.
Unless modified by a separately negotiated supplemental agreement, leave provisions also apply to charter schools who follow the HSTA collective bargaining agreement (CBA). Article XII of the CBA, which applies to all BU05 members, references the Standard Practices 5400 Series of the HIDOE’s School Code.
Sick leave
At the start of the school year, 10-month BU05 members receive 18 days of sick leave while 12-month BU05 members receive 21 days. Failure to work a full school year or working less than full time will see these amounts prorated accordingly. Sick leave can be accumulated without limit.
More information on sick leave can be found on the members-only section of HSTA’s website under Resources > Know Your Rights. Please note, you must be an active member and logged in with your registered account to view this. Click here for instructions to create a web account. You can also find the entire sick leave Regulation #5404 within the HIDOE’s School Code.
Quarantine leave
Quarantine leave is specified in Regulation #5411 of the HIDOE’s School Code.
SPECIAL SHORT-TERM LEAVES WITH PAY
C. Quarantine
In the case of a quarantine, a statement from a government physician or a licensed physician certifying that the employee’s presence at work would endanger the health of others, will entitle the employee to leave with pay during the period of endorsed absence.
NOTE: In order to qualify for paid quarantine leave, employees MUST produce a doctor’s note indicating the need to quarantine due to a positive COVID test. The employer will not provide quarantine leave without a doctor’s note.
This Jan. 11, 2022 memo updated the COVID-19-related leave as a result of recent changes from the DOH regarding quarantine and isolation guidance as follows:
For someone who is going to take a COVID-19 vaccination
| Type of leave | Release time for COVID-19 vaccination |
| How much leave may be taken? | Employees are authorized to take up to two (2) hours during working hours if not able to schedule their vaccination during non-work hours/days. |
| How may leave be taken? | As needed to take the required dose(s). |
| Forms to complete and file at the school or office | Form DOE OTM 300-001 OR Form DOE G-1 Appropriate proof of registration or similar documentation attached. |
For someone seeking quarantine leave after testing positive for COVID-19 or exhibits COVID-19 symptoms (even mild) regardless of vaccination status
| Type of leave | Quarantine leave |
| How much leave may be taken? |
|
| How may leave be taken? | In accordance with the School Code provisions (e.g., health care provider documentation for more than five (5) days of sick leave) |
| Forms to complete and file at the school or office | Form DOE OTM 300-001 OR Form DOE G-1
Appropriate documentation if applicable related to the leave provisions. |
Close contact with a person who has COVID-19 who is not boosted, not fully vaccinated recently, or unvaccinated
| Type of leave | Quarantine leave |
| How much leave may be taken? | Five (5) calendar days of Quarantine Leave if Department directed or healthcare provider documentation to quarantine; OR must use Sick/Vacation/Personal or LWOP Note: HSTA has confirmed with the HIDOE that employees can continue to utilize quarantine leave beyond the initial 5 days, if they can provide documentation from their healthcare provider reflecting the need to continue in quarantine or isolation beyond the 5 days. Without such documentation, teachers will need to use sick/vacation/personal or LWOP if they are not well enough to return to campus. |
| How may leave be taken? | In accordance with the School Code provisions (e.g., health care provider documentation for more than five (5) days of Sick leave) |
| Forms to complete and file at the school or office | Form DOE OTM 300-001 OR Form DOE G-1
Appropriate documentation if applicable related to the leave provisions. |
Common questions
Recent updates from the U.S. Centers for Disease Control and Prevention (CDC) and Hawaii Department of Health for home isolation and quarantine have been adopted by the Hawaii State Department of Education (HIDOE) and were communicated to schools by the superintendent on Jan. 5. The HIDOE updated its guidance on Jan.11 as follows:
If you are boosted or fully vaccinated recently*, quarantine is NOT required unless symptoms develop.
If you are NOT boosted or fully vaccinated recently*, quarantine for five days after exposure and if ongoing close contact, quarantine five days after the confirmed case is released from isolation. Quarantine is not shortened by a negative COVID-19 test.
*Someone is fully vaccinated two weeks after the second dose in a two-dose series or two weeks after a single dose of the J&J vaccine. Recently is within six months of a two-dose series vaccine or two months of a J&J vaccine.
Regardless of vaccination status, the following should occur:
- Testing recommended on day 5.
- Monitor COVID-19-like symptoms for 14 days.
- Must continue to adhere to masking requirements.
No. As long as you request quarantine leave and fill out the appropriate paperwork and documentation, quarantine leave does not come from employees’ individual leave bank.
The current return-to-work guidance indicates a standard five-day quarantine duration. The HIDOE confirmed that any Bargaining Unit 05 employee who needs to quarantine or isolate will be eligible for quarantine leave if they provide proof of positive test or health care provider certification. Quarantine leave can be extended beyond five days for the duration of whatever their health care provider certifies.
The HIDOE confirmed that a PCR test which reflects the employee’s name and positive COVID-19 test may be used to document the need to isolate and the employee will qualify for five days of quarantine leave. Alternatively, if they do not have a positive test result, the employee will need to provide documentation from their health care provider.
If symptoms do not improve and the employee needs to stay home for more than five days, the employee will need to use their own sick leave. Alternatively, an employee can request additional quarantine leave if they can obtain a certification from their health care provider indicating that further isolation is needed.
The HIDOE confirmed that administrators have the ability to approve the quarantine leave for situations where they are able to confirm the close contact occurred on campus.
Yes. You will need to provide documentation from your health care provider indicating that you need to quarantine.
No. You would need to take personal leave or leave without pay if you need to stay home and provide child care. However, should you also be identified as a close contact to a positive COVID case and you are not recently vaccinated, or if you are exhibiting signs of COVID and need to seek testing, you could request quarantine leave (see above).
Without new agreements in place, working from home would be subject to impact bargaining. Instead, the absence would be reported in TSEAS (or the equivalent procedure for charter schools) and classroom teachers would request a substitute during the absence from work. Note that Article VI-B of the HSTA collective bargaining agreement requires the making of lesson plans for substitute teachers for the first five days of an absence: “After the fifth day, the teacher, following notification to the school administrator, may have the substitute(s) prepare subsequent lesson plans during the period of the absence.”