|Subchapter 4630 - Absence and Leave
Section C - Sick Leave
Subsection b - Applying for and Charging Sick Leave
| Applying for Sick Leave
Employees will request sick leave in advance, if possible, by submitting applications for leave to the appropriate approving official. If advance notice is not practical, employees will apply for sick leave as soon as possible on the first day of absence. They also may be required to request leave each succeeding day, unless the supervisor says a daily call is not required because the condition clearly establishes that the employee will be absent for an indeterminate or specific period.
Documentation supporting an absence for sick leave must be filed within the pay period the employee returns to duty. The following table states forms of documentation required to support an absence for sick leave:
|Charging Sick Leave||
The minimum charge for sick leave is 15 minutes or multiples thereof. Employees will not be charged sick leave for more than their daily, weekly, or biweekly basic work requirement.
| When Sick Leave Will Not Be Charged
Sick leave will not be charged when:
| Amount of Sick Leave That May Be Granted
||This table gives guidance on the amount of accrued sick leave that may be granted for certain circumstances:
Note: During each leave year, any sick leave used for general family care or bereavement purposes must be subtracted from the amount allowed for serious health conditions.
Example: During the beginning of the leave year, a full-time employee uses 20 hours of sick leave to take his/her child to the dentist and 40 hours for bereavement purposes. Later in the leave year, the employee needs to use additional sick leave to care for his/her terminally ill sister. The employee must subtract the 60 hours of sick leave already used from the 480 hour entitlement. The employee may only use up to 420 hours of sick leave to care for the terminally ill sister. The employee may not invoke FMLA because the terminally ill sister would not meet the definition of “family member” under FMLA.
| Chart of Sick Leave Flexibilities Available to Care for a Family Member and/or a Covered Service Member
||Chart of Sick Leave Flexibilities Available to Care for a Family Member and/or a Covered Service Member
| Interaction Scenarios between Sick Leave and FMLA Leave
||The situations below describe how the various sick leave entitlements interact.
Interaction of 13 Days of Sick Leave for General Family Care and 12 Weeks of Sick Leave for a Serious Health Condition. An employee can use 13 days of sick leave each leave year for general family care or bereavement. In addition, most employees may use up to 12 administrative workweeks of sick leave each leave year to care for a family member with a serious health condition. If an employee previously used any portion of the 13 days of sick leave for general family care or bereavement purposes in a leave year, then that amount must be subtracted from the 12-week entitlement. If an employee has already used 12 weeks of sick leave to care for a family member with a serious health condition, he or she cannot use an additional 13 days in the same leave year for general family care or bereavement.
Interaction of Sick Leave with Basic FMLA Leave. Sick leave and FMLA are two separate entitlements. An employee has an entitlement to use his or her accrued sick leave in addition to invoking FMLA. For example, if an employee takes 12 weeks of sick leave to care for a parent with a serious health condition and then invokes FMLA, the employee has exhausted his or her entitlement to sick leave to care for a family member with a serious health condition and cannot substitute any sick leave (but may substitute annual leave) for the 12 weeks of unpaid leave under FMLA. The employee providing care for a family member is eligible to use a total of 12 weeks of sick leave and then 12 weeks of unpaid leave under FMLA, and may substitute any annual leave for the unpaid FMLA leave.
Interaction of Sick Leave with FMLA to Care for a Covered Service Member. An employee may substitute any of the employee's accrued annual or sick leave for any part of the 26-week period of unpaid FMLA leave to care for a covered service member. There are no limitations on the substitution of sick leave as there are for basic FMLA leave. For example, an employee can use 12 weeks of sick leave to care for her son who has been injured in combat and then invoke FMLA leave to care for a covered service member and substitute another 26 weeks of sick leave for unpaid FMLA leave. The employee may also substitute annual leave, or request donated annual leave, advanced sick leave or advanced annual leave. In summary, an eligible employee who has the accumulated leave and meets the entitlement requirements for sick leave and FMLA leave to care for the covered service member can potentially take leave for up to 38 weeks (12 weeks of sick leave to care for a family member with a serious health condition and 26 weeks of leave to care for a covered service member).
Interaction of Basic FMLA Leave and FMLA Leave to Care for a Covered Service Member. Any leave used under an employee's 12-week basic FMLA entitlement prior to the first use of leave to care for a covered service member does not count towards the “single 12 month period.” For example, on February 25, 2008, an employee invokes her entitlement to basic FMLA leave for the birth of her child. On April 17, 2008, in her 8th week of FMLA leave, she receives word that her husband was seriously injured in the line of duty while on active duty. On April 18, 2008, the employee invokes her entitlement to 26 weeks of FMLA leave to care for a covered service member to care for her husband. She is entitled to use up to 26 weeks of FMLA leave during a single 12-month period for this purpose, from April, 18, 2008, to April 17, 2009. The time period during which she used basic FMLA leave, from February 25, 2008, to April 17, 2008, does not count toward her 26-week FMLA entitlement to care for a covered service member. Please note that the employee is not required to invoke her 26-week FMLA leave entitlement immediately. She may delay invoking the 26-week FMLA entitlement until such time as she is needed to provide care for her husband. Once the employee invokes her 26-week FMLA entitlement and begins to care for her husband, the single 12-month period begins. In this example, the employee may choose to first exhaust her full 12-week basic FMLA entitlement for the birth of a child, and then invoke the 26-week FMLA entitlement to care for a covered service member after her husband is released from the hospital and returns home.
Importance of the Employee's Relationship with the “Person for Whom Leave May Be Taken.” Since an employee may take leave to care for different individuals depending on the applicable entitlement, it is important to pay close attention to the person for whom the employee is taking leave to care for. If the person for whom the employee wishes to care does not meet the criteria, the employee will not have the option of using this type of leave. For example, an employee's fiance' (service member) is seriously injured by a roadside bomb. In this instance, the fiance' would probably meet the definition of family member for sick leave purposes based on the “any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship” clause. Therefore the employee would be eligible to use up to 12 weeks of sick leave to care for her fiance' who has a serious health condition. However, this employee does not meet the FMLA definition of an individual who can use the 26-week entitlement to care for a covered service member, because coverage is limited to an employee who is the spouse, son, daughter, parent, or next of kin of the covered service member. In contrast, if the employee were married to the covered service member, she would be entitled to both sick leave and FMLA leave to care for a covered service member.
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