MRPBS Publications - Human Resources Desk Guide

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Subchapter 4630 Absence and Leave Table of Contents

Issued: 8/97 Updated: 8/98, 8/99, 12/99, 1/00, 6/00, 9/00, 10/00, 2/01, 5/01,12/01, 3/02, 7/02, 3/03,05/03,12/03, 06/04, 07/04, 03/05, 04/05, 08/05, 11/05, 12/05, 01/06, 02/06, 09/06, 01/07, 05/07, 06/07, 03/08, 04/08, 08,08, 10/08, 12/08, 01/09, 04/09, 05/09, 09/09, 06/10, 08/10, 09/10, 11/10, 01/11, 04/11, 02/12, 04/12, 05/12, 06/12, 01/13

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Introduction

• Purpose of this Subchapter
• Related Regulations
•  Glossary

Section A-Responsibilities

• Approving Officials
• Managers and Supervisors
• Employees
• Timekeepers

Section B-Annual Leave

• Leave Rights
• Eligibility

Subsection a--Accruing Annual Leave

• Annual Leave Accrual Rates
• SES/SL/ST Annual Leave Accrual Rate
• Accruing Annual Leave for Fractional Pay Periods
• Accrual Rates for Fractional Pay Periods
• Part-time Employees
• Completion of a Full Pay Period
• Effect of Nonpay Status on Accrual
• Changing Leave Earning Categories

Subsection b--Applying for and Charging Annual Leave

• Applying for Annual Leave
• Charging Annual Leave
• When Annual Leave Will Not Be Charged
• Annual Leave While in Travel Status
• Terminal Annual Leave

Subsection c--Advance Annual Leave

• Advance Annual Leave
• When Advance Annual Leave May Be Carried Over
• Repaying Advance Annual Leave
• When a Refund Is Not Required


Subsection d--Annual Leave Ceilings

• Annual Leave Ceilings for Employees in the U.S.
• Annual Leave Ceilings for Employees Outside the U.S.
• Retention of 360-Hour Accumulation
• Ceiling for Senior Executive Service (SES), Senior Level (SL), and Scientific and Professional (ST) Employees
• Forfeiture of Annual Leave

Subsection e--Restoring Annual Leave

• When Forfeited Annual Leave Can Be Restored
• When Forfeited Annual Leave Cannot Be Restored
• Employee Responsibilities
• Approving Official Responsibilities
• SPO Responsibilities
• Time Limit for Using Restored Leave
• Checklist for Requesting Restored Annual Leave
• Checklist for Reviewing Requests for Restored Annual Leave
• Completion of Form AD-582, Authorization for Restored Annual Leave
• Example: Form AD-582, Authorization for Restored Annual Leave

Subsection f--Transfer/Recredit of Annual Leave
 

• Transfer of Annual Leave
• When Annual Leave Is Not Transferred
• Recredit of Annual Leave

Subsection g--Lump Sum Payments

• Lump Sum Payment
• Computation of Lump Sum Payment
• Documentation
• Refund of Lump Sum Payment

Subsection h--Mandatory Annual Leave Exceptions During RIF and other Restructuring Actions

• Use of Annual Leave to Establish Initial Eligibility for Retirement in RIF and Other Restructuring Situations
• Accrued and Restored Annual Leave
• Use of Other Leave While Waiting to Attain Eligibility
• Terminal Leave & Lump Sum Payments
• While in the Leave Transfer Program
• Once Eligibility is Reached

Section C-Sick Leave

• Conditions for Granting Sick Leave
• Eligibility
• Recredit of Sick Leave

Subsection a--Accruing Sick Leave

• Sick Leave Accrual Rates
• Accruing Sick Leave for Fractional Pay Periods
• Accrual Rates for Fractional Pay Periods
• Effect of Nonpay Status on Accrual

Subsection b--Applying for and Charging Sick Leave

• Applying for Sick Leave 
• Charging Sick Leave
• When Sick Leave Will Not Be Charged
• Amount of Sick Leave That May Be Granted
• 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

Subsection c--Advance Sick Leave

• Conditions for Granting Advance Sick Leave
• Documentation for Advance Sick Leave
• Amount of Advance Sick Leave That May Be Granted
• Repaying Advance Sick Leave
• When a Refund Is Not Required

Section D - Administrative Leave and Excused Absence

• Introduction
• Applying for Administrative Leave and Excused Absence
• Excused Absence During a Period of Annual Leave
  
  Subsection a--Court
  • Witness Service
  • Jury Service
  • Documentation
  • Court-Related Services Table
  • Employee Absences for Court-Related Services
  • Retaining Fees for Court Services
  • Disposal of Nonretainable Fees
  • Time Covered by Jury Service
  • Exemption from Jury Service

  Subsection b--Emergencies (Weather and Other)

• Who Are Emergency Employees?
• Washington, D.C. Metro Area Emergency Dismissal and Closure Procedures
• Field Emergency Dismissal and Closure Procedures
• Dismissing Employees for Local Emergencies During Normal Work Hours
• Reporting Employees' Status When the Office is Closed for Less Than 1 Workday
• Civil Defense Activities
• Participation in Emergency Rescue or Protective Work
• Employee Personal Emergency Resulting from a Public Emergency

Subsection c--Health /Medical

• Blood Donations
• Bone Marrow or Organ Donor
• On-the-Job Injuries / Traumatic Injury
• Time in Health Units or First Aid Rooms
• Physical Examinations
• Preventive Health Services and Screenings

Subsection d--Travel and Meetings

• Excused Absence Before or After Travel
• Change of Official Duty Station
• Meetings of Professional Organizations

Subsection e--Registration and Voting

• Amount That May Be Granted
• Requesting Leave for Voting Purposes

Subsection f--Miscellaneous

• Brief Absences
• Administrative Leave for Time-Off Awards
• Employee Assistance Program
• Volunteer Programs
• Officially Sponsored Functions and Programs
• Collecting Data for Local Wage Survey Committees
• Use of Time for Union Purposes
• Funerals for Members of Armed Forces.
• Job Examinations
• Career Transition Assistance
• Local, State, Territorial, and Foreign Holidays
• Workplace Violence Situations
• Employee Relations Cases
• Tutoring/Mentoring Programs
  • Introduction - Partnership in the Adopt-a School Program and Partnership in Education Programs
  • Becoming a Mentor/Tutor
  • Agency Coordinators/Contacts
  • Agency - Sponsored Schools
  • Accounting for Your Time While Mentoring or Tutoring
  • Travel Expenses
  • Workers' Compensation Coverage
  • Use of GOV's
  • Questions
• Emergency Program Assignments (APHIS Only)
• Return to Civilian Employment for Activated Military Members
• Draft Registration

Section E-Nonpay Status

• Conditions for Charging Nonpay Status
• Minimum Charge for Nonpay Status
• Time and Attendance Reports
• Impact of Holidays on Nonpay Status
• Effect of Nonpay Status on Benefits and Service Credit
• Absence Without Leave
• Suspension
• Furlough

Subsection a--Leave Without Pay

• Leave Without Pay
• Amount of LWOP That May Be Granted
• Requesting LWOP for 30 Days or Less
• Requesting LWOP for More Than 30 Days
• Special Consideration
• Situations Which Require Granting Up to 24 Hours LWOP
• Non-Federal Special Situations
• Retroactive Substitutions of Annual Leave for LWOP

Section F-Family and Medical Leave Act (FMLA)

Subsection a - FMLA

• Description
• Definition of Family Member
• Eligibility
• Conditions for Using FMLA Leave
• What is a Serious Health Condition?
• Applying for FMLA Leave
• Medical Certification
• Periodic Recertification
• Responsibilities of Supervisors
• Calculating FMLA Entitlements
• 12-Month Period
• Continuous and Intermittent Use of FMLA Leave
• Substitution of Paid Leave
• Use of Sick Leave
• Using One Type of Leave
• Combining Two or More Types of Leave
• Effect of LWOP on Benefits and Service Credit
• Impact of the FMLA on Other Types of Leave Assistance
• Unions
• Denial of FMLA
•  Adverse Actions
• Return to Work Certification

Subsection b - - FMLA to Care for Injured Members of the Armed Forces (“military family leave”)

• Description
• Definitions

Subsection c - - FMLA for a Qualifying Exigency

• Description
• Definitions
• What is a qualifying exigency?
• Exclusions
• Eligibility
• Documentation to Support a FMLA Request for a Qualifying Exigency

Section G-Compensatory Time

• Definition
• Applying to Earn Compensatory Time for Nonreligious Purposes
• Applying to Use Compensatory Time for Nonreligious Purposes
• Payment for Unused Compensatory Time (Nonreligious)
• Compensatory Time (Religious)
• Applying to Earn Compensatory Time (Religious)
• Advance Compensatory Time (Religious)
• Payment for Unused Compensatory Time (Religious)

Section H-Absences to Perform Duty with the Uniformed Services

• Purpose
• Definitions
  
  Subsection a--Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
  • Purpose
  • Overview of USERRA
  • Coverage
  • What is Military Duty in the Uniformed Services?
  • Cumulative Time for Military Duty 
  • Advance Notice of Service Required
  • Reserve Service--Resolving Conflicts
  • Contacting the Military to Resolve Conflicts
  • Approval of Absence is Mandatory
  • Employee Responsibilities
  • Return to Duty from Uniformed Service
  • Timing of Restoration by Agency
  • Documentation Upon Return
  • Notification of Rights and Obligations
  • Personnel Actions During Employee Absence
  • Service Credit for Leave Rate Accrual
  • Use of Paid Leave During Uniformed Service
  • Lump Sum Payments
  • Discrimination and Acts of Reprisal Prohibited
    
    

  Subsection b--Members of the Reserve or National Guard

• Purpose
• Eligibility
• Entitlement for Full-time Employees
• Entitlement for Full-time Employees
• Entitlement for Part-time Employees
• Counting Days for Military Leave
• Use of Other Leave
• Pay While on Military Leave

Subsection c--Active Duty in Aid of Law Enforcement

• Purpose
• Eligibility
• Applicability
• Entitlement
• Conditions and Requirements
• Pay While on Military Leave in Aid of Law Enforcement
• Arranging Adjustment in Civilian Pay

Subsection d--D.C. National Guard

• Purpose
• Eligibility
• Amount of Military Leave That May Be Granted

Subsection e—Reservists Differential

• References
• What is a “reservist differential (RD)?”
• Eligibility
• Military Duty Pay and Leave Status Chart
• Payment of the RD
• Taxability
• Procedures Chart

Section I-Home Leave

• Definition
• Eligibility
• Documentation of Need for Foreign Post Rotation
• Creditable Service for Home Leave
• Date Home Leave Begins
• Date Home Leave Ends
• Home Leave Earning Rates
• Accumulating Home Leave
• Changing Leave Earning Rates
• Granting and Charging Home Leave
• Applying to Use Home Leave
• Home Leave Determinations Chart
• Refund for Home Leave
• Waiver of Refund
• Transfer and Recredit of Home Leave
• Travel Time

Section J-Leave Transfer Programs

Subsection a--Voluntary Leave Transfer Program

• Purpose of the Voluntary Leave Transfer Program
• Approval of Application
• Recipient Eligibility
• How to Apply as a Recipient
• Seeking Leave Donors
• Donor Eligibility
• How to Apply as a Donor
• Waiver of Donor Limitation
• Accepting Leave from Outside USDA
• Using Donated Annual Leave
• Accruing Leave While in the Leave Transfer Program
• Termination of Medical Emergency
• Recredit of Donated Annual Leave
  
  

Subsection b--Emergency Leave Transfer Program

• Purpose of the ELTP
• Recipient Eligibility
• How to Apply as a Recipient
• Approval of Application
• Seeking Leave Donors
• Donor Eligibility
• How to Apply as a Donor
• Waiver of Donor Limitation
• Using Donated Leave
• Advancing Leave
• Accruing Leave While in the ELTP
• Termination of the Emergency
• Annual Leave Donations from Other Agencies

Subsection c--Voluntary Leave Transfer Program for Wounded Veterans

• Description
• Eligibility
• Length of Program Participation
• Additional Guidance

Section K-Extended Training

• Accruing Leave During Training
• Written Agreement
• Accounting for Time During Extended Training

Section L-Leave Audits

• Purpose
• When to Conduct a Leave Audit.
• Documentation for Leave Audit

Section M-OWCP Leave Buybacks

• Conditions
• Leave Buyback Process

Appendix - Forms (PDF)

• AD-1043 Form: Leave Transfer Program - Donor Application 
• AD-1043 Instructions 
• AD-1046 Form: Leave Transfer Program - Recipient Application
• AD-1046 Instructions
• OPM Form 1637, Application to Become a Leave Recipient Under the Emergency Leave Transfer Program
• OPM Form 1638, Request to Donate Annual Leave Under the Emergency Leave Transfer Program
• WH-380-E Form: FMLA Medical Certification for Employee’s Serious Health Condition
• WH-380-F Form: FMLA Medical Certification for a Family Member’s Serious Health Condition
• WH-385 Form: FMLA Medical Certification for Serious Injury or Illness of Covered Service member for Military Family Leave

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Last Modified: February 1, 2013