Research and work

The latest rules for working on site are available on the hygiene guidance website.

Provided data protection provisions are complied with, managers are able to approve remote working directly.

• Please note that any documents taken out of the office must be transported in a closed container or closed bag and must be stored securely to prevent unauthorized access by third parties, including family members, whenever you are not currently working on them, for example in a lockable cupboard.
• If the work carried out remotely does not take up 100% of your individual working time, checks must be made as to whether the remaining time can be used to carry out other tasks suitable for working remotely such as drawing up concepts, reviewing documents, training, etc.

End of the waiver to record working time: Since July 27, 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.

Exceptions to the requirement of recording working time: 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.

• Tips: How to work effectively from home
• Services and instructions from the Erlangen Regional Computing Center (RRZE)
• Current measures and information from the Erlangen Regional Computing Center (RRZE)
• Insurance cover while working from home/working on site

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 self-isolate when they return in accordance with the Coronavirus Entry Regulations (CoronaEinreiseV) and this isolation 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 Coronavirus Entry Regulations even though the Regulations stipulate a compulsory period of self-isolation 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 annual leave or use overtime for the (remainder of the) period of self-isolation 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) clause 2 UrlMV). If they fail to do so, the self-isolation period is considered an unexcused absence and remuneration can be withheld accordingly. The problem is not the self-isolation period itself, but rather the deliberate decision to put yourself in a situation where you are obliged to enter self-isolation during the work period following your period of leave, although it was clear from the outset that self-isolation 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, self-isolation was not required in accordance with the Immigration Coronavirus Entry Regulations. Once it was clear that self-isolation 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 as defined in 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 traveled abroad for private reasons in spite of restrictions regarding self-isolation stipulated in the Coronavirus Entry Regulations, this may be classed a breach of duty if self-isolation 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 willfully 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 self-isolation 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).

Sources

• Information on the designation of international high-risk areas (RKI)
• Coronavirus Entry Regulations (CoronaEinreiseV)

The rules surrounding procurement of goods and services have been simplified in view of the coronavirus pandemic. The validity of these regulations for simplified procurement during the coronavirus pandemic has been extended until December 31, 2022. Further information is available on the H – Finance and Property Management website.

If the status is red, it means you have come into contact with someone that has tested positive for Covid-19 during the last 14 days.

1. If you tap on the red risk card in the app, you will receive advice on what to do next.

2. Please read the information for dealing with members of staff who have contracted the virus or suspected cases – it contains information about measures under employment and public service law. Information for students about the consequences for examinations is provided on the Examination Office website.

3.  The following measures are recommended:

• Reduce your personal interaction with other people and carefully observe hygiene guidance.
• Ask your doctor for further advice if necessary, in particular if you develop symptoms or in the case of risk factors.
• Get tested. You are entitled to a free PCR test or antigen test if the status in your Corona app is red. This also applies to people who have been fully vaccinated.

Information on legal measures that apply to employees who have contracted Covid-19 or who are suspected of having contracted the virus is given in the following sections. You should read this information carefully even if your place of employment is not currently affected.

Breaking the chain of transmission quickly helps the University to remain operational and may prevent potential closures. All managers and employees can contribute by reacting quickly to changes in their own health or the health of others but also by following preventative measures such as observing the hygiene regulations.

In principle, the health authorities are responsible for contact tracing in the case of infected individuals or suspected cases and implementing any measures required. However, valuable time may be lost before the health authorities take measures such as ordering a period of self-isolation. It is possible that during this time continued contact with infected individuals or suspected cases at work can cause other colleagues to become infected. For this reason, we ask managers to make employees aware of their own responsibility to inform immediate contacts in the case of infection or of a suspected infection, to avoid further contact with others, and if necessary to self-isolate following consultation with their manager or wear a face mask consistently. To assist the health authorities with contact tracing, affected employees should consider in advance with whom they have been in contact, when (number of days since), where (corridor, laboratory), for how long (more or less than15 min), distance (more or less than 1.5m) and if they were wearing a surgical or FFP2 face mask.

For all staff who have tested positive for coronavirus, the notification published by the Bavarian State Ministry of Public Health and Care Services on August 31, 2021 (Az. G5ASz-G8000-2020/122-925) in the Bavarian Ministerial Gazette (BayMBI) 2021 No. 602 on August 31, 2021) shall apply for implementing the Law on Prevention and Control of Infectious Diseases in Humans (Infektionsschutzgesetz (IfSG)), quarantine for contacts and suspected cases, and self-isolation for persons who have tested positive for SARS-CoV-2 (coronavirus) (general provisions on isolation from the Bavarian State Ministry of Public Health and Care Services). If staff members are fit to work, they must do so remotely. If they are unable to work, they must submit the usual forms for sick leave. Staff should make use of options for test to release. If staff members are unable to work from home, the relevant human resources team must check if working time can be compensated using overtime, annual leave, special leave without pay or, in the case of non-vaccinated staff, leave without pay.

The general legal provisions regarding sick leave apply for all other reasons for taking sick leave as well as the individual rules at FAU for when staff are unfit for work.

Members of staff displaying symptoms of an acute, contagious infection must not come to work. This applies in particular to the following symptoms, which are typical for Covid-19: high temperature, coughing, shortness of breath, loss of taste/smell, sore throat, runny nose and aching limbs.

Members of staff may return to work if they have only slight symptoms that have recently appeared and that are not getting worse, such as a runny nose without a temperature and occasional cough, and have not developed a high temperature within 24 hours of the symptoms first appearing. Nevertheless, staff members should still work remotely wherever possible in such cases.

If this is not possible, the general hygiene guidance at FAU must be observed in order to rule out a risk of infection for the other members of staff. In cases of doubt, a doctor must decide if the staff member is fit for work and can return to work on site.

The following measures must be taken if staff members are unable to work due to the general provisions of the Bavarian State Ministry of Public Health and Care Services published on August 31, 2021 (Az. G5ASz-G8000-2020/122-925) in the Bavarian Ministerial Gazette (BayMBI) 2021 No. 602 on August 31, 2021) for implementing the Law on Prevention and Control of Infectious Diseases in Humans (Infektionsschutzgesetz (IfSG)), quarantine for contacts and suspected cases, and self-isolation for persons who have tested positive for SARS-CoV-2 (coronavirus) general provisions on isolation from the Bavarian State Ministry of Public Health and Care Services (AV Isolation), or who have been ordered into quarantine by the local health authorities in accordance with Sections 28 and 30 of the Law on Prevention and Control of Infectious Diseases in Humans (IfSG):

Staff members (public servants and other employees) must primarily work remotely (if they are fit for work). Staff should make use of options for test to release.

If staff members are unable to work from home, the relevant human resources team must check if working time can be compensated using overtime, annual leave, special leave without pay or, in the case of non-vaccinated staff, leave without pay.

The rules apply accordingly to members of staff currently abroad who are unable to return to Germany due to rules regarding quarantine.

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.

• P2 – Academic Staff
• P4 – Non-Academic Staff
• P3 – Part-time Academic Staff

1. Release from the obligation to work – special coronavirus regulations at Bavarian authorities

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 all of the following apply:

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 or if a child is not permitted to attend school or another childcare facility due to a period of self-isolation.

The limit to the period of leave until the school holidays start applies to schools only and not to other institutional childcare facilities (nurseries, kindergartens, after-school clubs, day-care centers) as they do not keep to the school holidays. This the reason why the comment in brackets applies specifically to schools only.

Leave cannot be granted if the child is unable to attend other institutionalized childcare facilities provided during the school holidays via sports clubs (football camps), circus workshops, or holiday programs provided by the city council, for example. The decisive fact is whether childcare is provided on a permanent basis, and not just during the school holidays.

2. Release from the obligation to work pursuant to Section 45 SGB V (German Social Security Code V), extension of entitlement to child sickness benefits

Information on the extension of entitlement to child sickness benefits pursuant to Section 45 SGB V is available (in German) in the Human Resources Handbook. In addition to the health of employees, ensuring that authorities are able to work has utmost priority. Leave can thus also be granted on an hourly or daily basis.

Measures for vulnerable members of staff, for example those with underlying health issues entailing an increased risk of infection from Covid-19 (e.g. Leukemia, diabetes, lung disease), should be coordinated with their doctor. If you would like, you can arrange an appointment at the Occupational Medical Service to discuss your individual situation.

The extent to which a pregnant woman can be employed whilst observing the ‘standard’ maternity protection regulations and current hygiene regulations ought to be determined on the basis of a risk assessment taking the regional and local situation with respect to the pandemic and the individual circumstances in each case into account. The same applies to the lifting of a prohibition of employment on the basis of the current rate of infection.

Please contact those responsible for this area at Occupational Safety (zuv-sgas-mutterschutz@fau.de) or the Family Service for advice.

Further information:

• www.stmas.bayern.de/coronavirus-info/corona-mutterschutz.php
• www.verwaltung.zuv.fau.de/arbeitssicherheit/dokumentation-im-arbeitsschutz/gefaehrdungsbeurteilung/#collapse_2.
• www.bmas.de/DE/Service/Medien/Publikationen/arbeitsmedizinische-empfehlung-umgang-mit-schutzbeduerftigen.html

a) Private travel to high-risk areas and areas of variants of concern 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 to high-risk areas and areas of variants of concern, as long as a travel warning from the German Foreign Office related to the coronavirus applies or a self-isolation period would be required on return according to the Coronavirus Entry Regulations (CoronaEinreiseV). 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.

d) Please be aware that coronavirus tests following private travel to high-risk areas or areas of variants of concern will not be provided by the University. This also applies to individuals who are returning to Bavaria from other states within Germany following private travel over the holiday period.

Further information is given above.

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 to your manager setting out the need to provide care. Your manager will approve the application after checking with human resources.

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.

Business travel is still possible during the coronavirus pandemic, provided the currently valid hygiene guidance is observed during the journey itself and whilst conducting university business.

However, some guidelines must be followed.

The Ministry of Finance has stipulated that business travel may only be authorized where urgently required. Video conferences and conference calls must be used where possible.

To make the procedure as simple as possible, the member of staff’s immediate superior must provide written confirmation that the business trip is urgently required. Professors are responsible for assessing the situation themselves and take the decision at their own risk. This also applies to a general authorization for business travel. An informal notice stating why the trip is urgently necessary should be attached to the travel authorization form.

If you need to travel outside Bavaria for business purposes, you should first check whether any contact restrictions are in place at your destination that would indicate that it is not suitable to travel there on business.

Journeys between Erlangen, Nuremberg and Fürth for business purposes are still considered to be generally approved. No difference is made between journeys to another FAU location or to an external institution/company. Unlike official business travel, there is no need to submit a travel authorization form for approval. Short journeys such as these do not require written confirmation that they are urgently necessary. However, you are responsible for weighing up the risks as a result of the pandemic and considering whether it is absolutely necessary for you to travel.

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 canceled (without charge) where possible. This also applies to all business travel that has ended prematurely.

The following action is recommended:

• Please note that irrespective of the service provider’s cancellation and rebooking terms and conditions, costs will be refunded if the services are canceled 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.
  • www.flightright.de/ihre-rechte/flugausfall For flights
  • www.bahn.de/p/view/service/auskunft/fahrgastrechte/uebersicht.shtml For train tickets
• Complete a travel expense claim form for any expenses incurred for accommodation or travel which cannot be canceled 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/authorization to carry out a journey and if applicable the official letter canceling 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 acknowledgment 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.