Research and work

As stipulated in the Directive for the Implementation of the Bavarian Regulations on Infection Prevention and Control Measures, employees are requested to work remotely after 10 May 2020 until further notice, insofar this is possible according to their position and operational circumstances. A workplace may be regarded as eligible for remote working if the employee can access e-mails through webmail and make any necessary telephone calls from their home office.

In the current situation, remote working in accordance with data protection requirements may be approved directly by managers who will then notify the relevant office in Department P – Human Resources of this approval.

If work needs to be carried out that can only be completed on site or if employees would like to return to their place of work, managers in the various institutions must take responsibility for carefully planning the transition from predominantly remote working to returning to work – potentially also only on a partial basis – on university premises. Work on site must to organised in such a way that the hygiene regulations are closely observed at all times.

There is currently no general obligation to work on site.

Since 27 July 2020, staff are expected to record working time again in areas where this is required. This regulation may change depending on the development of infections and further measures announced by the Bavarian State Ministry for Science and the Arts.

If as a consequence of the coronavirus pandemic you still have to care for children due to restrictions in the opening hours of schools or childcare facilities or for relatives due to shortages in the support they normally receive, you can ask your manager for permission to continue working without recording the hours worked. The offices responsible for tracking employees’ working hours must be informed of your decision not to record the hours you have worked. You cannot choose a combination of recording and not recording hours worked. If you choose not to record your working hours you cannot build up overtime.

As stated in the circular from the Bavarian Ministry of Science and the Arts dated 17 March 2020, these measures do not apply to Universitätsklinikum Erlangen due to the duty of staff to care for patients, with particular focus on prioritising care for coronavirus patients.

• Tips: How to work effectively from home
• Services and instructions from the Erlangen Regional Computing Centre
• Current measures and information from the Erlangen Regional Computing Centre

Legal situation for public servants

Private travel abroad cannot be forbidden under public service law, as this concerns the public servant’s conduct outside the workplace. All that applies in this instance for public servants and employees alike is the Infection Protection Law. By the same token, requests for leave cannot be rejected (even if the destination is known). In their own interests, however, it does not make sense for employees of the state of Bavaria to travel abroad if they would be required to enter quarantine when they return in accordance with the Immigration Quarantine Regulations (EQV) and this quarantine period is not covered by the annual leave they have already had approved.

If a public servant does go on a journey during the period of validity of the Immigration Quarantine Regulations even though the Immigration Quarantine Regulations stipulate a compulsory quarantine period on their return, this is considered inappropriate conduct. A release from the obligation to work is therefore not permitted. However, remote working is still permitted in accordance with the official regulations.

If it is not possible to work (fully) from home, the public servant is required in their own interests to take leave for the (remainder of the) quarantine period or, if this is not possible, to apply for special leave entailing the withdrawal of employer contributions with the exception of welfare benefits (Section 13 (2)(1)(2) clause UrlMV). If they fail to do so, the quarantine period is considered an unexcused absence and remuneration can be withheld accordingly. The problem is not the quarantine itself, but rather the deliberate decision to put yourself in a situation where you are obliged to enter quarantine during the work period following your period of leave, although it was clear from the outset that quarantine rules would apply.

However, the following cases do not automatically entail inappropriate conduct. In these instances, the normal measures for the welfare of members of staff must be offered, including a release from the obligation to work:

1. Cancellation costs: At the time the journey was booked, no quarantine was required in accordance with the Immigration Quarantine Regulations. Once it was clear that quarantine would be necessary, it was no longer possible to cancel the journey free of charge.
2. Visiting relatives: The journey is necessary to care for your own children under the age of 18, to give relatives necessary medical care or to support a relative receiving end of life care within the meaning of Section 4 BayBG.
3. Protection of own property: The journey is necessary for the purposes of protecting your own property (e.g. measures following a break-in or damage caused by severe weather).

In view of the possibility to work remotely, to extend annual leave or to take unpaid special leave, there only remain a few constellations in which disciplinary action may need to be considered.

If members of staff have travelled abroad for private reasons in spite of quarantine restrictions stipulated in the Immigration Quarantine Regulations, this may be classed a breach of duty if quarantine obligations mean they are unable to work upon their return, irrespective of symptoms of illness. If it is also suspected that the public servant has wilfully caused the inability to return to work, their manager must initiate disciplinary action pursuant to Section 19 BayDG. Within the context of disciplinary discretion, according to Section 14 BayDG all circumstances have to be taken into account in each individual instance. The reason for and duration of the journey and all steps members of staff have taken to try to surmount the obstacle to work can all be taken into account.

If you work remotely or take leave for the duration of the quarantine period, then this is naturally not classed as a breach of duty due to an unexcused absence. The same applies if one of the exceptional circumstances listed in nos. 1 – 3 above apply.

Legal position for employees

The rules outlined above also apply to employees.

A formal warning will only be issued in exceptional circumstances (e.g. in repeated incidences or in the case of managers).

Further information

• Areas of risk
• Immigration Quarantine Regulations

The rules surrounding procurement of goods and services have been simplified in view of the coronavirus crisis. The validity of these regulations for simplified procurement during the coronavirus pandemic has been extended beyond 30 June 2020 to 31 December 2020. Further information is available on the website of the Department of Finance and Property Management (H).

With DFNconf, a Jitsi server operated locally at the Erlangen Regional Computing Centre (RRZE), MS Teams and Zoom, FAU has various web conference platforms which you can choose from depending on what you need them for. An overview is available on the RRZE website . Information on coaching sessions is available on the ILI website ‘schnell digital’.

• Multimedia Centre at the RRZE

The practical guidelines from DGUV provide instructions for in-house first aiders on giving first aid whilst complying with measures for preventing infection.

The German Resuscitation Council (GRC) has amended its guidelines for resuscitation due to the current pandemic. The aim of these measures is to ensure maximum protection against Covid-19 for laypeople carrying out first aid or for medical staff.
In accordance with the guidelines, resuscitation performed by laypeople and first aiders on casualties not known to them should be limited to cardiac massage and the use of publicly accessible automated external defibrillators (AED). Mouth-to-mouth resuscitation should not be used in these cases.

For the resuscitation of children, the guidelines advise the following: ‘Mouth-to-mouth resuscitation plays an important role for children requiring resuscitation […]. The decision to perform mouth-to-mouth resuscitation should be made […] with the awareness of a potential risk of infection.’

Further information is available on the website of the Occupational Medical Service.

Although many of FAU’s staff are currently working from home, some of them are still coming to the University to work, research and teach.

Managers and teaching staff can complete a form online to inform Department G – Facility Management which rooms are currently being used in which buildings. This will enable us to ensure these rooms are being used in the best way possible during the corona pandemic. Further information

online form (only available within the University network)

Funding providers such as the DFG and AiF have published information in respect of the coronavirus crisis. These have been collected in the Administration Handbook on the website of the Department of Finance and Property Management, H3

Occupational Safety offers information on measures and advice as well as specific guidelines for working in research or workshop areas in the Administration Handbook.

In the event of a viral infection, public servants and employees are deemed unfit for work. Public servants who are unfit for work continue to be paid. Employees who are unfit for work continue to have their salary paid for a period of six weeks.

Please submit the usual form to report that you are unfit for work and ensure that Department P – Human Resources are notified of a coronavirus infection in an anonymized form (for example via your manager or faculty administration to meet the reporting obligation required by the Bavarian State Ministry of Science and the Arts.)

In order to make it clearer, we would like to provide you with a breakdown of each of the possible instances of a suspected case of infection:

If staff are obliged to self-isolate on the orders of the health authorities in Germany pursuant to section 30 IfSG (Infection Protection Law) and are unable to report for duty/work as a result, the following applies: staff must work remotely if possible (providing that they are fit to work). Staff may only be released from the obligation to work according to Section 10 paragraph (1) sentence (2) UrlMV (remuneration will continue to be paid) if they cannot work remotely.

The same applies to employees.

Public servants who are abroad for business travel and are unable to return to Germany due to orders issued by security authorities regarding quarantine measures are released from the obligation to work pursuant to section 10 (1)(2) URIMV and are under no obligation to make up for working time lost as a result.

The same applies to employees. An informal application to the Department of Human Resources for release from the obligation to work is required, and the superior has to be informed.

• Office P2 Academic staff
• Office P4 Non-academic staff
• Office P3 Part-time academic staff

Public servants who are abroad for business travel and are unable to return home due to orders issued by security authorities are released from the obligation to work pursuant to section 10 (1)(2) (URIMV) and are under no obligation to make up for working time lost as a result. The same applies to employees. An informal application to the Department of Human Resources for release from the obligation to work is required. Please also inform your superior.

• Office P2 Academic staff
• Office P4 Non-academic staff
• Office P3 Part-time academic staff

Members of staff who are required to stay at home to care for their children due to the general closure of schools and childcare facilities may be granted leave and are under no obligation to make up for working time lost as a result, providing that:

1. Operational circumstances permit the employee to be granted leave
2. Remote working is not possible
3. Leave is necessary to ensure the adequate provision of childcare.

This regulation applies not only to a general closure but also if teaching or supervision is offered on a limited rather than regular basis.

Leave will only be deemed necessary to ensure the adequate provision of childcare when the employee has exhausted all alternative options. Under these conditions, individuals aged over 60 will not be considered as able to provide replacement childcare. All employees should consider the options of using flexible working time or requesting leave for some of their working hours or days.

The obligation to provide childcare must be clearly explained and verified, especially for children that are aged 14 and above. There is no fixed age limit for the above rules, the decisive factor is the extent to which each individual child requires care.

Requests for leave or an extension to leave must be made informally to your manager. Proof of the closure must be attached to the informal application for leave, unless the closure is common knowledge. The relevant office at Department P – Human Resources must be informed of the application for leave.

Employees are not generally permitted to bring their children with them to the workplace. Under certain exceptional circumstances and only if there is no other option to ensure the continuation of operations, parents may be permitted to take their children with them to work temporarily.

The release from the obligation to work does not apply to school holidays.

Pregnant women are currently prohibited from working on site. This prohibition of employment shall not apply, however, if the pregnant woman can work remotely.

Measures for members of staff with underlying health issues entailing an increased risk of infection with the coronavirus (e.g. Leukaemia, diabetes, lung disease) should be coordinated with their doctor.

a) Private travel abroad cannot be forbidden under public service law, as this concerns the public servant’s conduct outside the workplace. All that applies in this instance for public servants and employees alike is the Infection Protection Law. By the same token, requests for leave cannot be rejected (even if the destination is known). However, it is in the member of staff’s own interests not to travel abroad, as long as a travel warning from the German Foreign Office related to the coronavirus applies or a quarantine period would be required on return according to Immigration Quarantine Regulations (EQV). This most definitely applies when travelling with children.

b) Public servants will not be released from the obligation to work due to quarantine measures required by another country or difficulty returning from another country as a consequence of private travel.

c) The usual recommendations for good hygiene should be observed.

Members of staff in direct contact to people working from home upon orders of another employer are obliged to work as normal:

• Remote working (provided data protection provisions are observed and IT security guaranteed) is possible if approved by their manager.

Members of staff with relatives who absolutely require care and who cannot arrange for care to be provided in any other way:

• Remote working (provided data protection provisions are observed and IT security guaranteed)
• If that is not possible, then release from the obligation to work (remuneration will continue to be paid)

If you require a release from the obligation to work, please submit an informal application setting out the need to provide care and obtain notification of approval from your manager.

If you have a certain role which means that you work at Universitätsklinikum Erlangen (e.g. as part of a research collaboration, doctoral thesis, clinical work whilst studying medicine), the instructions issued by Universitätsklinikum Erlangen will apply to you. Please check the staff portal of Universitätsklinikum Erlangen.

Please send an e-mail without delay to P2 (full-time academic staff and public servants), P3 (part-time academic staff) or P4 (non-academic staff) at the Department of Human Resources if anyone at your institution is affected by any of the cases outlined under ‘Measures relating to employment and public service law’ above stated in items 1 (Members of staff who have contracted the virus) or 2 (Suspected cases).

Please indicate how many members of staff are affected and details of how they are affected (items 1 and 2 under ‘Measures relating to employment and public service law’).

FAU is obliged to record this data for the Bavarian State Ministry of Science and the Arts.

If you have any questions regarding measures under employment or public service law, please contact P2, P3 or P4. Please also forward applications for a release from the obligation to work to them.

Despite the lifting of the travel warning for some countries, business travel may only be authorised by managers where absolutely necessary. The necessity of the business trip must be confirmed by the manager in writing. This also applies to a general authorisation for business travel. Professors are responsible for authorising their own business travel. Proof of the necessity of business travel must be attached to the authorisation form.

Video conferences and conference calls must be used where possible.

Please proceed as follows if travel expenses have already been incurred for events which have been cancelled or for journeys which have been planned and approved for the purposes of university business or continuing education but now have to be cancelled:

All reasonable measures must be taken to keep expenses incurred to a minimum as soon as the cancellation is announced; prior contractual arrangements should be cancelled (without charge) where possible. This also applies to all business travel that has ended prematurely.

• Please note that irrespective of the service provider’s (cancellation and rebooking) terms and conditions, costs will be refunded if the services are cancelled by the service provider. It is worth getting in touch with the service provider, e.g. by phone, if you haven’t heard from them.
  https://www.flightright.de/ihre-rechte/flugausfall
  https://www.bahn.de/p/view/service/auskunft/fahrgastrechte/uebersicht.shtml
• Complete a travel expense claim form for any expenses incurred for accommodation or travel which cannot be cancelled or any cancellation costs incurred. Please include the relevant invoices or print out the cancellation regulations as proof of costs incurred. Submit the travel expense claim form together with the approval/authorisation to carry out a journey and if applicable the official letter cancelling the event or a screenshot of the relevant website to P6 or settle accounts directly with your Chair.

Refunds of flight costs from airlines, travel agents and booking portals

The airline is obliged to refund the costs of the flight in accordance with the EU Regulation on Air Passenger Rights (EC) No. 261/2004. The Bavarian Travel Expenses Act (BayRKG) stipulates the assertion of these rights (Section 20 BayRKG).

A sample letter for asserting your rights is available on the website of the ‘Verbraucherzentrale’ consumer advice association. Please ensure you send the letter as a registered letter with acknowledgement of receipt.

Expenses incurred due to cancellations must be claimed within a period of six months. According to Section 3 (5)(2) of the Bavarian Travel Expenses Act (BayRKG), this period begins from the date on which the employee was notified of the cancellation. Please note that expenses incurred cannot be reimbursed until after the date that business travel was due to commence.

Please read the instructions provided by the travel expenses office for further information.