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• HRDG 4630 - Absence and Leave

HRDG 4630 - Absence and Leave - TOC

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, 08/13, 09/13, 10/13, 12/13, 05/12, 05/14, 01/15, 05/15, 06/16, 09/16, 10/16, 11/17, 04/18, 05/18, 01/19, 06/19,10/20, 01/21, 07/22

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
  • Use of Annual Leave for Temporary Employees

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
  •   Leave Usage Order
  • 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

Subsection d - Wounded Warrior Sick Leave

• What is the Wounded Warriors Federal Leave Act?
• Supporting Legislative History
• Glossary
• Applicability
• Exclusions
• Eligibility
• Amount of DVL Available
• Qualifying Disability Documentation
• Effects of Discontinuation or Reduction in Disability Rating
• Appropriate Uses of DVL
• Medical Documentation to Support Sick Leave Requests
• Time Period for Providing Medical Documentation to Use DVL
• Using Other Leave
• Forfeiture of DVL
• Transfer of Disabled Veteran Leave
• Re-credit of Disabled Veteran Leave
• Lump-Sum Payments

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
  • Official Time for EEO / ER-Related Matters
  • 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?
  • Weather and Safety Leave
  • Updated 07/22 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 and Plasma 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

• • Updated 07/22 Amount That May Be Granted
  • Updated 07/22 Requesting Leave for Voting Purposes

Subsection f--Miscellaneous

• • Attending an MRP Employee’s Funeral or Memorial Service
  • 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 and Interviews
  • 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

Subsection d - - Federal Employee Paid Leave Act (FEPLA)

• Background
• Description
• Eligibility
• Establishing Eligibility
• Exclusions
• Delegations of Authority
• Annual or Sick Leave Use
• Covered Service Members
• Intermittent Use of FEPLA
• Same Day Multiple Births or Placements
•  Separate Births or Placements
•  FMLA Used for Other Reasons
•  Carryover Provisions 
•  Calculation
•  Required Documentation
•  FEPLA Request Template
•  Employee Incapacitation
•  Service Agreement (SA)
• SA Template
•  Health Insurance Reimbursement & Documentation
•  Mandatory Reimbursement Waiver
• Unused FEPLA
•  Leaving MRP
•  WebTA Coding
•  Examples
•  Records

Section G-Compensatory Time

• Definition
• Applying to Earn Compensatory (Comp) Time for Nonreligious Purposes
• Applying to Use Comp Time for Nonreligious Purposes
• Payment for Unused Comp Time (Nonreligious)
• Religious Compensatory Time
• Coverage
• Earning & Using Religious Comp Time
• Calculating the 13 Pay Periods if the Religious Comp Time is Used Prior to Earning
• Earning Religious Comp on a Holiday
• Employee Responsibilities
• Supervisory Responsibilities
• Failing to Earn Religious Comp Time Once It Is Used
• Payment for Unused Religious Comp Time
• Negative Religious Comp Balance Upon Separation or Transfer
• Transitional Rules for Employees with Positive or Negative Religious Comp Balances as of May 2019

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 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

• 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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