Page 1 of 16 Developed 3/16/20; Rvd 3/18/20; 4/13/20; 4/17/20 This document will be updated as new information becomes available.

New Mexico Judicial Branch

Coronavirus (COVID-19): Frequently Asked Questions for Employees

Page 2 of 16 Developed 3/16/20; Rvd 3/18/20; 4/13/20; 4/17/20 This document will be updated as new information becomes available.

New Mexico Judicial Branch

Coronavirus (COVID-19): Frequently Asked Questions for Employees and Managers

TABLE OF CONTENTS

YOUR EMPLOYEES FAQ CONTENTS PAGE # QUESTION # COVID-19 Symptoms 3

6 7

3 19, 20 21, 22, 23

Administrative Leave 6 17

Bandanas/Masks 5 12, 13

Confidential Information 7, 8 21, 23

Confirmed Positive Coronavirus 6 7 8 11

19, 20 21, 22, 23 26, 28 40, 41, 42

Coronavirus Symptoms 3 6 7

3 19, 20 21, 22, 23

Court Hours of Operation 15 58, 59

Court Visitors 14 57

Emergency Family Medical Leave Act 10 35, 36, 37, 38

Emergency Paid Sick Leave 9 10

29, 30, 31, 32 33, 34

Employee Benefits 13 14

50, 51, 52 53

Employee Leave for the Coronavirus 8 9 10

26, 27, 28 29, 30, 31, 32 33, 34, 35, 36, 37, 38

Employees who may NOT Enter the Workplace 6 19

Essential Employee Letter / Travel Letter 5 14, 15

Pandemic Communicable Disease Emergency Leave 8 26, 27, 28

Reporting Confirmed Cases to the CDC 11 41

Return to Work After Having Coronavirus 11 42

Self-Quarantine or Self-Isolate 6 7 9 11 12, 13

19 21 22 30 43, 44, 45, 46, 47

Travel 5 6 8 11, 12, 13

14, 15 19, 24 43 44, 45, 46, 47

Who is an "Essential Employee" 5 6 15

14, 15 16 59

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New Mexico Judicial Branch

Coronavirus (COVID-19): Frequently Asked Questions for Employees and Managers

These FAQs are intended to supplement the NMJB Pandemic, Communicable Disease Emergency, including the Coronavirus (COVID-19) Policy and Emergency Leave. Please carefully review the policy in conjunction with these FAQs. GENERAL INFORMATION 1. What is a coronavirus?

Coronaviruses are a large family of viruses, which may cause illness in animals or humans. In humans, several coronaviruses are known to cause respiratory infections ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS) and Severe Acute Respiratory Syndrome (SARS).

The most recently discovered coronavirus causes coronavirus COVID-19 disease. 2. What is COVID-19?

COVID-19 is the infectious disease caused by the most recently discovered coronavirus.

This new virus and disease were unknown before the outbreak began in Wuhan, China, in December 2019.

3. What are the symptoms of COVID-19?

The virus symptoms manifest as a mild to severe respiratory illness with fever, dry cough, and difficulty breathing.

There are additional possible symptoms such as digestive issues, pink eye, loss of smell and taste.

See the NMDOH or the Centers for Disease Control (CDC) website for an updated listing. The CDC believes symptoms appear in as few as two days or as long as 14 days after

exposure. 4. How is the current coronavirus (COVID-19) transmitted?

People can catch coronavirus (COVID-19) from others who have the virus.

The disease can spread from person to person through small droplets from the nose or mouth which are spread when a person with coronavirus (COVID-19) coughs or exhales. These droplets also land on objects and surfaces around the person.

Other people then catch coronavirus (COVID-19) by touching these objects or surfaces, then touching their eyes, nose, or mouth. Therefore, it is important to stay more than 3 feet away from a person who is sick.

The CDC recommends 6 feet.

It is possible to catch the virus from someone even before they have symptoms, but little is known about this aspect of the virus at this time.

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5. What steps can we take now to minimize the risk of transmission?

The CDC has issued prevention tips and safety measures employees can take for themselves, their families, and the workplace.

They include repeatedly, creatively, and aggressively encourage employees and others to prevent infection by avoiding exposure and practicing good hygiene. o Regularly wash your hands often with soap and water for at least 20 seconds. If soap

and water are not available, use an alcohol-based hand sanitizer. o Avoid touching your eyes, nose, and mouth with unwashed hands. o Avoid close contact with people who are sick. o Stay home when you are sick. o Cough or sneeze with a tissue, then throw the tissue in the trash. If you don’t have a

tissue, cough or sneeze into the crook of your elbow. o Clean and disinfect frequently touched objects and surfaces. o Practice social distancing and avoiding close contact (6 feet is recommended) with a

person who becomes infected or those who exhibit symptoms of infection.

6. How likely am I to catch coronavirus (COVID-19)?

For most people in most locations, the risk of catching coronavirus (COVID-19) is still low.

The risk depends on where you are and whether there is a coronavirus (COVID-19) outbreak.

7. Can the virus spread from contact with infected surfaces or objects?

It may be possible that a person can get coronavirus (COVID-19) by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes, but this is not thought to be the main way the virus spreads.

8. Who is at risk of severe coronavirus (COVID-19) disease?

Some individuals seem to be at higher risk for more serious coronavirus (COVID-19) illness.

These individuals include older adults and people who have severe chronic medical conditions like heart, lung or kidney disease.

Advice for people at higher risk of severe disease includes: o Stay at home as much as possible o Make sure you have access to several weeks of medications, groceries and supplies

in case you need to stay home for prolonged periods of time. o When you go out in public, keep away from others who are sick, limit close contact

and wash your hands often. o Avoid crowds. o For non-health related COVID-19 questions call 1-833-551-0518 o For health concerns related to COVID-19 call 1-855-600-3453

For more information, consult the CDC guidance for high-risk individuals: https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fspecific-groups%2Fhigh-risk-complications.html

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9. How long does it take to get sick after being exposed to novel coronavirus (COVID-19)?

The CDC states the maximum incubation period for most coronaviruses or the time from exposure to getting sick is up to 14 days.

10. Is there a treatment?

There is no specific treatment for coronaviruses.

Most people will recover on their own, however, it is best to seek medical care right away.

11. Should I be concerned about pets or other animals and COVID-19?

While this virus seems to have emerged from an animal source, it now spreads from person-to-person. There is no reason to think that any animals including pets might be a source of infection with this new coronavirus (COVID-19). To date, CDC has not received any reports of pets or other animals becoming sick with coronavirus (COVID-19). At this time, there is no evidence that companion animals including pets can spread coronavirus (COVID-19).

However, since animals can spread other diseases to people, it’s always a good idea to wash your hands after being around animals. For more information on the many benefits of pet ownership, as well as staying safe and healthy around animals including pets, livestock, and wildlife, visit CDC’s Healthy Pets, Healthy People website

EMPLOYEE / MANAGEMENT: 12. MASK: Can I wear a mask at work?

Yes, employees are encouraged to wear masks.

On April 2, 2020, Governor Lujan-Grisham recommended that everyone wears a facemask when going out in public.

However, employees MUST follow all other protocols and safeguards such as: o Ensure a social distance of 6 feet, o Disinfect and sanitize their mask at a minimum of daily. o Wash their hands regularly for 20 seconds. o Sanitize their workspace, etc.

13. MASK: Can I wear a bandana or a scarf as a facemask?

Yes, provided the bandana or scarf is not distasteful or inappropriate it is allowed.

Work with your Chief Judge to ensure a consistent policy is in place for the Judicial District.

14. TRAVEL LETTER: Can employees be given an official court letter designating them as an essential employee and required to work at the court location(s)?

Yes. There is a template available at https://nmcourts.gov/covid-19.aspx. Governor

Lujan-Grisham has stated that employees are not required to have this letter for travel, but at the present time, some employees need them in order to place a child in child care.

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15. TRAVEL LETTER: I need to take my child to a day care facility who are only accepting children of parents who are essential employees. Will the court provide a letter stating that I am an essential employee of the courts?

Yes.

The Court can provide you a letter designating you as an employee required to travel to work.

16. ESSENTIAL EMPLOYEES: Are court personnel considered essential employees?

Yes, according to the Department of Health Cabinet Secretary Kathy Kunkel, court personnel are deemed essential and they are included in the Emergency Services listing. https://cv.nmhealth.org/stay-at-home-essential-businesses/

17. TELEWORK or ADMIN LEAVE: If I am an employee who is considered high-risk but my work is not typically conducive to working at home (such as bailiffs), am I able to be awarded administrative leave?

No.

Administrative leave will no longer be approved or awarded for the purposes of staying home without working during the coronavirus public health emergency.

The Emergency Response Team has compiled a list of training opportunities for staff whose job responsibilities do not typically allow for telework.

You can find the list at https://nmcourts.gov/covid-19.aspx

Chief Judges and CEOs may utilize this list, and amend or add as appropriate for their employee’s needs, job classification, etc. The document includes work-related training resources such as manuals, rules, guidelines, webinars, and videos. Employees may review these training opportunities from home allowing for telework.

Employees should contact their Human Resources professional, as the employee may be eligible for Emergency Paid Sick Leave under the Families First Coronavirus Response Act.

18.TELEWORK: Can my employer require that I telework due to closure of my court?

Yes.

Your employer may require that you telework to ensure critical work operations and functions are met while social distancing.

19. CORONAVIRUS (COVID-19) SYMPTOMS: If I am experiencing a cough, fever and/or shortness of breath and have recently traveled to an area experiencing a large outbreak or have been in physical contact with someone who has a confirmed case of the coronavirus (COVID-19) what should I do?

If you are having a medical emergency you should call 911, but you must notify the operator of your symptoms as they might indicate the coronavirus (COVID-19).

If you are not having a medical emergency then you should NOT go to the ER, but should seek medical care right away.

Call your health care provider and tell them about your symptoms and recent travel. You MUST avoid contact with other people, until you are tested and confirmed negative. You MUST notify your immediate supervisor, manager, or Human Resources

Professional immediately.

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You MUST NOT come into the workplace and must self-quarantine for fourteen (14) days, and until the symptoms have been gone for over 72 hours including being fever free without the fever reducing medicine for 48 hours.

You MUST avoid further travel until your illness resolves. Call Coronavirus (COVID-19) hotline at 1-855-600-3453.

20. CORONAVIRUS (COVID-19) SYMPTOMS: What should management advise an employee who is experiencing a cough, fever and/or shortness of breath but is already at work? Should they be sent home?

Yes, an employee who is exhibiting coronavirus (COVID-19) related symptoms MUST be sent home immediately.

Employees are required to notify their supervisor or manager immediately and prior to entering the workplace if they are experiencing a cough, fever and/or shortness of breath, or have concerns that they have been exposed to the virus.

Before the employee can return to the workplace management must require that they be tested for the coronavirus (COVID-19).

Human Resources must contact the employee to discuss telework or leave options.

Management or Human Resources needs to determine who in the court the possibly infected employee was in contact with over the past fourteen (14) days, and what potential surfaces or areas they have had contact with.

Management must report the possible exposure to the Emergency Response Team immediately.

Follow the NMJB Emergency Response Team’s Coronavirus (COVID-19) Potential or Confirmed Case Checklist.

21. CORONAVIRUS (COVID-19) SYMPTOMS: If I have an employee who has a confirmed case of the coronavirus (COVID-19) should I tell their coworkers and those they were in close contact with over the past fourteen (14) days?

Yes, while keeping the employee’s name confidential.

Management should inform staff that were in close contact with the employee who has a confirmed case while maintaining confidentiality as to the employee who tested positive.

NM DOH states they will now test a-symptomatic people with known contact with someone with a confirmed coronavirus case, so determine if you have other employees that should be tested and self-quarantined.

22. CORONAVIRUS (COVID-19) SYMPTOMS: If I have an employee who self-reports that they came into contact with someone with a presumptive positive case of coronavirus (COVID-19), what should I do?

Management should treat the situation as if the suspected case is a confirmed case for purposes of sending home a potentially infected employee.

Send the employee home, and require they self-isolate for a period of 14 days.

Require them to seek medical attention and be tested for coronavirus (COVID-19).

Management can allow them to telework until the test results come in, or if they are not able to telework have them work with Human Resources to see if they can take leave under the Families First Coronavirus Response Act.

Management must report the possible exposure to the Emergency Response Team immediately.

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Follow the NMJB Emergency Response Team’s Coronavirus (COVID-19) Potential or Confirmed Case Checklist.

23. CORONAVIRUS (COVID-19) SYMPTOMS: One of our employees has been exposed to the coronavirus (COVID-19) but only found out after they had interacted with coworkers and customers. What should we do?

Take the same precautions as noted above with respect to sending home a potentially infected employee.

Management should inform staff that were in close contact with the employee who has a confirmed case while maintaining confidentiality as to the employee who tested positive.

Management must report the possible exposure to the Emergency Response Team immediately.

NM DOH states they will now test a-symptomatic people with known contact with someone with a confirmed coronavirus case.

Follow the NMJB Emergency Response Team’s Coronavirus (COVID-19) Potential or Confirmed Case Checklist.

24. What does “came in contact” with someone mean?

The CDC defines close contact as being less than 6 feet from a coronavirus (COVID-19) case for a prolonged period of time; close contact can occur while caring for, living with, visiting, traveling with, or share a healthcare waiting area or room with a coronavirus (COVID-19) case; or having been in contact with infection secretion of a coronavirus (COVID-19) case (e.g. being coughed on.)

25. If I believe I have the Coronavirus (COVID-19), was tested and am waiting for my test results what type of leave do I use?

Employees may use Emergency Paid Sick Leave under the Families First Coronavirus Response Act of 2020, which is for 80 hours.

Employees may telework to the extent they are able.

26. If I have a confirmed case of the Coronavirus (COVID-19) what type of leave do I use?

Employees may use Pandemic and Communicable Disease Emergency Leave, which is for 10 days.

Employees may use Emergency Paid Sick Leave under the Families First Coronavirus Response Act of 2020, which is for 80 hours.

Employees may telework to the extent they are able. 27. EMPLOYEE LEAVE: How does an employee request Pandemic and Communicable Disease Emergency Leave?

Employees must complete the Pandemic and Communicable Disease Emergency Leave Form No. 2020.NMJB.19-1, and attach a doctor’s note.

The Administrative Authority and HR for the Judicial Entity need to review, approve and sign the form.

Form - https://nmcourts.gov/covid-19.aspx and https://nmcourts.gov/uploads/files/COVID-19/Pandemic%20%26%20Communicable%20Disease%20Emergency%20Leave%20Request%20Form.pdf

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28. EMPLOYEE LEAVE: Can a Chief Judge or CEO approve an employee for Pandemic and Communicable Disease Emergency Leave?

Yes.

Employees who are exhibiting symptoms of, or diagnosed with, a pandemic, communicable disease or the coronavirus (COVID-19), may be eligible for pandemic and communicable disease emergency leave, and/or Emergency Paid Medical Leave under the Families First Coronavirus Response Act.

Employees whose immediate family members or household members are confirmed with a pandemic, communicable disease or the coronavirus (COVID-19) and must provide care may also be eligible for pandemic and communicable disease emergency leave and/or Emergency Paid Medical Leave under the Families First Coronavirus Response Act.

Pandemic and communicable disease emergency leave may not exceed 10 working days, and Emergency Paid Medical Leave is up to 80 hours.

Policy: https://nmcourts.gov/covid-19.aspx 29. EMPLOYEE LEAVE: What is Emergency Paid Sick Leave?

Emergency Paid Sick Leave is paid leave under the Families First Coronavirus Response Act.

It grants qualified employees with a paid absence who are unable to telework during the coronavirus (COVID-19) public health emergency.

Full-time employees may receive up to 80-hours, and part-time employees receive a pro-rated amount.

Form: https://nmcourts.gov/uploads/files/COVID-19/Emergency%20Paid%20Sick%20Leave%20Request%20Form.pdf

30. EMPLOYEE LEAVE: When can I request to take Emergency Paid Sick Leave?

Employees may use Emergency Paid Sick Leave for the following qualifying reasons provided they are not able to telework full-time or part-time.

A. Quarantine/Self Isolation order—when the employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19;

B. Self-Quarantine—when the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;

C. COVID-19 Symptoms—when the employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis;

D. Care for Others—when the employee is caring for an “individual” who is subject to a quarantine or isolation order or whose health care provider has advised the individual to self-quarantine due to concerns related to COVID-19;

E. School/Childcare Closure—when the employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is unavailable, due to COVID-19 precautions (this can overlap with E-FMLA); or

F. The employee is experiencing any other substantially similar condition specified by the secretary of health and human services in consultation with the secretary of the treasury and the secretary of labor.

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31. TELEWORK AND EMPLOYEE LEAVE: If I could telework but I do not want to, am I able to take Emergency Paid Sick Leave?

No.

To the extent an employee falls under one or more of these categories and is able to telework, including teleworking training opportunities, they must do so.

Managers are encouraged to allow employees alternate work schedules such as early morning or evenings to allow for teleworking opportunities.

32. EMPLOYEE LEAVE: How does an employee request Emergency Paid Sick Leave?

If employees are unable to telework, (e.g., extenuating circumstances), and fall under one or more of these categories, those employees may submit a request using the NMJB Emergency Paid Sick Leave request form to their Administrative Authority for submittal to the AOC HRD for paid COVID-19 leave beginning on April 1, 2020, up to eighty (80) hours.

Employees will be required to include verification for their request, e.g., doctor’s note or school closure.

33. EMPLOYEE LEAVE: I was approved to take Emergency Paid Sick Leave. What do I enter in my timesheet?

Once approved the employee will enter the time reporting code “PDCVL” or Paid COVID-19 Leave in SHARE with one or more conditions above in the comment bubble on the timesheet.

Your Human Resources Professional may opt to enter the time on your behalf.

34. SCHOOL CLOSURE: If I am affected by the daycare and school closures and am only able to telework part-time what leave am I able to take?

Employees affected by the closure of day care facilities or public or private school due to the Coronavirus (COVID-19) may take Emergency Family Medical Leave for up to 10 weeks of paid leave.

Employees who are able to telework must, and must offset their hours request by teleworking.

35. E-FMLA: What is the Emergency Family Medical Leave Act?

Emergency Family Medical Leave Act amends the Family Medical Leave Act to provide for 12 weeks of job protection for an employee who is affected by the closure of day care facilities or public or private school due to the Coronavirus (COVID-19).

The Emergency Family Medical Leave Act provides employees ten (10) weeks of paid leave.

The first two weeks are unpaid but employees may be eligible for Emergency Paid Sick Leave for those two weeks.

36. E-FMLA: How do I know if I qualify for the Emergency Family Medical Leave Act?

In order for employees to qualify for the Emergency Family Medical Leave Act they must meet the following conditions:

o The employee is unable to telework and if at any point the employee becomes able to telework they must do so,

o The employee has been employed with the state of New Mexico for at least thirty (30) days, and

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o The employee has a qualifying need related to a public health emergency and as defined by the E-FMLA.

37. E-FMLA: How many hours of Emergency Family Medical Leave may I request to take?

The Emergency Family Medical Leave is available for the number of hours that an employee is normally scheduled to work even if that is more than 40 hours per week, including overtime, but in no event will the total number of hours paid exceed 80 hours per two-week period as stated in the Act.

38. E-FMLA: How does an employee request Emergency Family Medical Leave?

If employees are unable to telework, (e.g., extenuating circumstances), and fall under one or more of qualifying categories, an employee may submit a request using the NMJB Emergency Family Medical Leave request form to their Administrative Authority for submittal to the AOC HRD.

Employees will be required to include verification for their request, e.g., doctor’s note or school closure.

Form: https://nmcourts.gov/uploads/files/COVID-19/Request%20form%20-%20Emergency%20Expanded%20Family%20Medical%20Leave%204-1-2020.pdf

39. EMPLOYEE LEAVE: I was approved to take Emergency Paid Sick Leave. What do I enter in my timesheet?

Your Human Resources Professional will enter the time on your behalf.

40. If my child (or spouse) has a confirmed case of the coronavirus (COVID-19) and I need to care for them what type of leave do I enter into SHARE?

Work with your supervisor or manager to see if you can telework.

If you are unable to telework, you may request Emergency Paid Sick Leave pursuant to the Pandemic, Communicable Disease Emergency, including the Coronavirus (COVID-19) Policy.

41. CORONAVIRUS (COVID-19) SYMPTOMS: If we learn or suspect that one of our employees has the coronavirus (COVID-19), do we have a responsibility to report this information to the CDC?

No.

At this point in time the obligation for reporting a suspected or confirmed case of coronavirus (COVID-19) to the CDC is with the healthcare provider that receives the confirmation of a positive test result.

42. If I have a confirmed case of the coronavirus (COVID-19) do I need to get a doctor’s note to return to work?

The CDC has asked that a return to work doctor’s note not be required. This will allow doctors to focus on treating patients who are sick and reduce the possibility for reinfection. Provide your Human Resources Professional a doctor’s note if you are given one by your doctor but if your symptoms have been gone for over 72 hours including being fever free without the fever reducing medicine then you may return to work. "Do not require a health care provider's note for employees who are sick with acute respiratory illness to validate their illness or to return to work, as health care provider offices and medical facilities

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may be extremely busy and not able to provide such documentation in a timely way," the CDC advised.

Management should refer to any updated guidance from the CDC or AOC HRD.

43. EMPLOYEE TRAVEL: If I have an employee who is scheduled to travel out of state, but not to a high-risk area as listed in the CDC, do they need to self-quarantine upon their return?

Yes.

NM Supreme Court Order No.20-8500-003 requires all employees and judges who travel out of state to self-quarantine upon their return for fourteen (14) calendar days.

Exceptions to this Order are: 1) if the travel by the judicial officer or employee is to commute to and from work if that person’s personal residence is in another state adjacent to New Mexico, or 2) for medical treatment for the judicial officer or employee or that person’s immediate family member.

44. EMPLOYEE TRAVEL: I have an employee who is planning to travel out of state for personal reasons. Will they be eligible for the new Emergency Paid Sick Leave for the Supreme Court Travel Order’s fourteen (14) day self-quarantine?

No.

Before the employee departs, ensure there is not a travel advisory to the state they are going to, and that there is not a travel advisory to leave the state. You can check this at the NMDOH website: https://cv.nmhealth.org/.

Before the employee departs for travel you should ensure they have sufficient telework they can complete during the fourteen (14) day self-quarantine, as the Act would not apply.

45. EMPLOYEE TRAVEL: I work at a court that is in close proximity to a bordering state. How does Supreme Court order No. 20.8500-003 Out-of-State Travel by Judicial Officers and Employees during the COVID-19 Public Health Emergency affect employees that live in a bordering state?

The fourteen (14) day self-quarantine requirement in the Order does not apply to travel by a judicial officer or employee who commutes to and from work if that person’s personal residence is in another state adjacent to New Mexico, or for medical treatment for the judicial officer or employee or that person’s immediate family member.

46. EMPLOYEE TRAVEL: I have an employee who lives in a bordering state and it is closer for them to grocery shop in that state than in New Mexico. Should I tell them they cannot shop in that state?

No.

The employee who chooses to leave the state to shop in another state will need to self-quarantine for fourteen (14) days.

Ensure the employee has sufficient telework to complete upon their return to the state.

If an employee travels out of state for a reason other than to travel to the employee’s personal residence that is located in another state adjacent to New Mexico or for medical treatment for the employee or the employee’s immediate family member, then they must self-quarantine for fourteen (14) days.

See Supreme Court Order 20-8500-003.

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47. EMPLOYEE TRAVEL: If an employee has a household member who travel out-of-state or to a high-risk area in state do they need to self-quarantine when s/he returns home?

There is no policy against in or out-of-state travel for an employee’s household member.

Please ensure the employee knows the Governor has issued a stay at home order.

The employee should inform management when a household member travels out-of-state or to a high-risk area in state, and management should assess the operational needs of the Court and allow telework if an option for the employee.

Management should evaluate the travel of an employee’s household member on a case by case basis to determine if self-quarantine if required.

48. EMPLOYEE TRAVEL: If an employee has a visitor from out-of-state or a high-risk in-state area staying with them, do they need to self-quarantine?

Yes.

Employees should inform management prior to a visitor arriving from out-of-state or a high-risk area so arrangements can be made to allow the employees to telework.

The self-quarantine would start from the date the visitor first began staying with the employee.

49. Can an employee refuse to come to work because of fear of infection?

Employees are only entitled to refuse to work if they believe they are in imminent danger.

The threat must be immediate or imminent, which means that an employee must believe that death or serious physical harm could occur within a short time.

Work with your Administrative Authority and Human Resources Professional, whenever possible, employees must telework.

50. Is there an obligation to accommodate employees who do not want to work in public-facing positions due to the risk of infection?

There may be an obligation to accommodate such employees if there is objective evidence that they could potentially be exposed to individuals who may have been exposed.

Work with your Administrative Authority and Human Resources Professional. 51. EMPLOYEE BENEFITS: If my employee’s spouse or domestic partner is laid off and

they were carrying the benefits will my employee be uninsured until the next open enrollment?

No.

Employees may pick up the medical benefits (medical, dental, vision, RX) if they have a qualifying event.

52. EMPLOYEE BENEFITS: What is a Qualifying Event and how does it apply?

A qualifying event may include a change in job status of a spouse/domestic partner including a reduction of hours or termination, which results in a loss of coverage, or ability to gain coverage from new employment, and includes any event resulting in a loss of medical benefits.

Other Qualifying Events include: o Change in the job status of an employee including a reduction of hours due to

FMLA, LWOP, and/or Disability.

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o Marriage or change in marital status, such as divorce or legal separation, resulting in a loss of coverage. This includes satisfying requirements for Domestic Partnership eligibility or termination of a Domestic Partnership.

o Birth of a child, a court awarded adoption or legal guardianship. o An event resulting in a loss of coverage. o Loss of dependent status, dependent turning age 26. o Receiving a Qualified Medical Child Support Order (QMCSO). o Any other circumstance where the individual had other coverage and loses it due

to circumstances beyond their control must be evaluated by the Risk Management Division for eligibility.

53. EMPLOYEE BENEFITS: What does my employee need to do to pick up benefits due to a loss of coverage or Qualifying Event?

The employee must contact ERISA and Human Resources within 31 days of the qualifying event.

54. EMPLOYEE BENEFITS: Will my employee have a lapse in coverage, for example, if they select benefits on the 31st day after the qualifying event?

No.

The following is the effective date of the qualifying event.

Qualifying Event Effective Date

Birth, adoption, legal guardianship, marriage, termination of domestic partnership

The date the event occurs

Domestic Partnership Affidavits The date it is notarized

Divorce The date the Final Decree is filed

Dependent losing coverage due to turning 26 years of age

Benefits will terminate at the end of the last day of the month in which the dependent turns 26

Change in job status (reduction of hours or termination)

The date following the event

Gain of other coverage The date prior to new coverage effective date

Death of employee or dependent The date reflected on the death certificate

55. NO MORE THAN FIFTEEN (15): What is the limit on the size of gatherings in the courthouse?

All gathering of individuals in a single, connected location within a courthouse or other building are limited to no more than fifteen (15) people.

56. NO MORE THAN FIFTEEN (15): Does the limit of fifteen (15) people include the judges?

Yes.

The limit of fifteen (15) people include judges, court personnel, jurors, attorneys, litigants, the general public and the press.

Page 15 of 16 Developed 3/16/20; Rvd 3/18/20; 4/13/20; 4/17/20 This document will be updated as new information becomes available.

57. NO MORE THAN FIFTEEN (15): What if there is an emergency? Can I exceed the limit of fifteen (15) people in a single, connected location within the courthouse?

The Chief Judge may extend a gathering of individuals in a courthouse to a maximum of twenty-five if there is an emergency need to do so.

58. COURT VISITORS: Can courts screen visitors before they enter the courthouse?

Yes.

Courts must screen visitors prior to their entry into the court and deny access to any juror, witness, attorney, litigant, or another person who:

o reports a fever, cough, or shortness of breath, or other symptoms that could be indicative of the coronavirus (COVID-19) that has developed in the past fourteen (14) days,

o reports out-of-state travel in the past fourteen (14) days, o has a household member has traveled out-of-state in the past fourteen (14) days,

and/or o reports a diagnosis, or close contact with anyone who has a diagnosis, of the

coronavirus (COVID-19).

59. COURT HOURS OF OPERATIONS: Can a Chief Judge or CEO reduce the hours of operations or hours open to the public?

No, not at this time. All courts are required to remain open to the public during regular business hours

Monday through Friday. 60. COURT HOURS OF OPERATIONS: Are New Mexico courts remaining open during the coronavirus (COVID-19) public health emergency?

Yes.

New Mexico’s appellate, district, metropolitan and magistrate courts remain open.

Municipal and probate courts may close.

Courts and court personnel are “essential” and will remain open for business to ensure courts are fulfilling their constitutional and civic duties to the public.

Page 16 of 16 Developed 3/16/20; Rvd 3/18/20; 4/13/20; 4/17/20 This document will be updated as new information becomes available.

SOURCES: https://nmcourts.gov/covid-19.aspx https://cv.nmhealth.org/travel-recommendations/ https://biotech.law.lsu.edu/blaw/flu/bja-courts-roadmap-2007.pdf https://www.fisherphillips.com/resources-alerts-comprehensive-faqs-for-employers-on-the-covid https://www.osha.gov/SLTC/covid-19/ https://www.cdc.gov/coronavirus (COVID-19)/2019-ncov/specific-groups/high-risk-complications.html https://www.cdc.gov/coronavirus (COVID-19)/2019-ncov/faq.html https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/coronavirus (COVID-19)-information-and-faqs.aspx https://www.osha.gov/Publications/OSHA3990.pdf https://www.natlawreview.com/article/what-employers-need-to-know-to-prepare-coronavirus (COVID-19) https://hbr.org/2020/03/what-are-companies-legal-obligations-around-coronavirus (COVID-19) https://www.qld.gov.au/health/conditions/health-alerts/coronavirus (COVID-19)-covid-19/find-the-facts/faqs-and-myth-busters COSCA HR listserv