DOJ 1630.1B
| Approval Date: | July 22, 1991 |
Approved By: |
HARRY H. FLICKINGER Assistant Attorney General for Administration |
| Distribution: | BUR/H-1; DOJ Personnel Officers; OBD/H-1; OBD/F-2; |
| Initiated By: | Justice Management Division Personnel Staff |
FOREWORD
/s/HARRY H. FLICKINGER
Assistant Attorney General
for Administration
CHAPTER 1. GENERAL PROVISIONS.
1. Policy.
2. Coverage.
3. Definitions.
4. Responsibilities.
5. Authority to Approve, Deny, or Cancel Leave, or Excuse an
Absence Without Charge to Leave.
6. Recording Leave.
7. Employee Leave Records.
8. Relationships with Labor Organizations.
CHAPTER 2. ANNUAL LEAVE.
9. Earning Rates.
Figure 2-1. Full-Time Employees.
Figure 2-2. Part-Time Employees.
Figure 2-3. Pro Rata Table.
10. Annual Leave Charges.
11. Maximum Accumulation.
12. Planning, Requesting, and Granting Annual Leave.
13. Requesting and Granting Advance Annual Leave.
14. Enforced Annual Leave.
15. Lump-Sum Payments for Accumulated and Accrued Annual Leave
Upon Separation.
16. Substitution of Annual Leave for Sick Leave.
17. Combining Annual Leave with Official Travel.
18. Buying Back Annual Leave Under the Workers' Compensation
Program.
CHAPTER 3. RESTORATION OF FORFEITED ANNUAL LEAVE.
19. Scheduling Annual Leave to Avoid Forfeiture.
20. Circumstances Under Which Forfeited Annual Leave May Be
Restored.
21. Officials Authorized to Approve Exigencies.
22. Officials Authorized to Approve the Restoration of
Forfeited Annual Leave.
23. Requesting Restoration of Forfeited Annual Leave.
24. Recording Restored Annual Leave.
25. Time Limit for the Use of Restored Annual Leave.
26. Forfeiture of Restored Annual Leave.
CHAPTER 4. SICK LEAVE.
27. Earning Rates.
28. Sick Leave Charges.
29. Accumulation.
30. Requesting, Granting, and Using Sick Leave.
31. Supporting Evidence.
32. Substitution of Sick Leave for Annual Leave.
33. Buying Back Sick Leave Under the Workers' Compensation
Program.
34. Requesting and Granting Advance Sick Leave.
CHAPTER 5. TEMPORARY LEAVE TRANSFER PROGRAM. -- RESERVED
CHAPTER 6. LEAVE WITHOUT PAY (LWOP).
41. General Information.
42. LWOP Charges.
43. Requesting LWOP.
44. Granting LWOP.
45. Duration of Extended LWOP.
CHAPTER 7. ABSENCE WITHOUT LEAVE (AWOL).
46. General Information.
47. AWOL Charges.
48. Recording AWOL.
CHAPTER 8. LEAVE FOR PARENTAL AND FAMILY RESPONSIBILITIES.
49. General.
50. Requesting, Granting, and Using Leave for Parental and
Family Responsibilities.
51. Leave for Childbirth.
52. Leave for Adoption or Foster Care.
53. Leave for Child Care.
54. Leave for Other Parental and Family Responsibilities.
CHAPTER 9. COURT LEAVE.
55. General.
56. Jury Service.
57. Witness Service.
58. Granting Court Leave.
59. Court Leave Guide.
Figure 9-1. Employee Absences for Court or Court-Related
Services.
CHAPTER 10. MILITARY LEAVE.
60. General.
61. Coverage.
62. Entitlement.
63. Charges.
64. Accumulation.
65. Requesting Military Leave.
66. Granting Military Leave.
CHAPTER 11. HOME LEAVE.
67. General.
68. Coverage.
69. Computation of Service Abroad.
70. Earning Rates.
71. Computation of Home Leave.
Figure 11-1.Computation of Home Leave.
72. Change in Earning Rate.
73. Maximum Accumulation.
74. Charges.
75. Entitlement.
76. Granting Home Leave.
77. Refund.
78. Transfer and Recredit.
CHAPTER 12. FUNERAL LEAVE.
79. General.
80. Restrictive Nature of Funeral Leave.
81. Funeral Leave Charges.
82. Requesting and Granting Funeral Leave.
CHAPTER 13. TIME OFF FOR RELIGIOUS OBSERVANCES.
83. General.
84. Time Frame for Taking and Repaying Time Off.
85. Earning Rates.
86. Charges.
87. Requesting Time Off.
88. Granting Time Off and Authorizing Compensatory Overtime.
89. Recording Time Off or Compensatory Overtime Worked.
CHAPTER 14. EXCUSED ABSENCE/ADMINISTRATIVE LEAVE.
90. General.
91. Excused Absence for Individual Employees.
92. Excused Absence for Groups of Employees.
APPENDIX 1. U.S. OFFICE OF PERSONNEL MANAGEMENT AREA
EMERGENCY DISMISSAL OR CLOSURE PROCEDURES FOR THE WASHINGTON, D.C. AREA.
Figure 1. Council of Governments Residential Zone Dismissal
Plan for the Washington Metropolitan Area.
CHAPTER 1. GENERAL PROVISIONS.
(1) The overall administration of this order.
(2) Planning, directing, coordinating, and supervising
the administration of leave in the
Department.
(3) Postauditing and correcting any action taken
within the Department which is not in
accordance
with laws and regulations governing the
administration of leave, or the
provisions of this
order.
(4) Representing the Department in its contacts, on
all matters relating to leave, with the
General
Accounting Office, the Office of Management and
Budget, the Office of
Personnel Management (OPM),
Congressional committees, and all other Federal
departments and agencies.
(5) Designating the official who is authorized to
approve the restoration of forfeited annual
leave
for employees of the offices, boards, and
divisions.
(1) The proper administration of leave within their respective components.
(2) Delegating the authority to approve leave to the lowest practicable supervisory level.
(3) Determining that exigencies of the public
business occurring in their components are
of
such importance as to preclude the use of
scheduled annual leave to avoid forfeiture.
(1) Ensuring that leave is granted, denied, or
cancelled in accordance with the laws
and
regulations governing the administration of leave,
and the provisions of this order.
(2) Ensuring that leave taken by employees is properly charged.
(3) Planning and scheduling annual leave with employees so as to avoid the forfeiture of such leave.
(1) Requesting leave in accordance with the
provisions of this order and any procedures
established by their components.
(2) Coming to work at their scheduled starting times unless leave has been approved.
(3) Providing their supervisors with requests for
leave as much in advance of the
requested periods of absence as possible.
(4) Notifying their supervisors and requesting leave
as soon as possible when leave is
needed because
of illness, injury, or other personal emergency.
As soon as possible
means at or before the
beginning of the regularly scheduled tour of
duty. Extenuating
circumstances of a highly
unusual nature may prevent timely notification,
and such
circumstances will be carefully
considered when evaluating leave requests.
(5) Working with their supervisors to plan, schedule,
and use sufficient annual leave
during the course
of the year so as to preclude the need to take
excessive amounts
of annual leave at the end of
the leave year to avoid the forfeiture of such
leave.
(1) Authority to approve leave may be delegated to the
lowest supervisory level
having personal knowledge
of the work requirements and the employee's
leave
record and attendance patterns; however, requests
for the following types
of leave should be
approved at a higher level:
(a) Advance annual leave.
(b) Advance sick leave.
(c) Extended leave without pay (in excess of 30 days).
(2) Each Department component should establish
guidance as to which officials are
authorized to
approve such leave requests and the supporting
documentation
required.
(1) Tardiness of up to one hour or other brief
absences from duty for reasons which
are
acceptable to the approving official.
(2) Donating blood (see paragraph 91c).
(3) Voting under normal circumstances (see paragraph 91b(1)).
(1) Treatment of Disabled Veterans, (chapter 4).
(2) Other Illness, Injury, or Pregnancy, (chapter 4).
(3) Pending Disability Retirement, (chapter 4).
(4) Service as a Juror or Witness in Certain Judicial Proceedings, (chapter 9).
(5) Military Service, (chapter 10).
(1) Leave must not be denied or cancelled for arbitrary or capricious reasons.
(2) Denial of a leave request or cancellation of
approved leave normally must be
based on the
necessity for the employee's services or the
employee's failure to
submit any required
documentation in support of the leave request in a
timely
manner.
(3) Denial or cancellation of leave is not
disciplinary in nature and must not be used as a
punitive measure.
| Years of Service | Earning Rates |
| Less than 3 | 4 hours of annual leave for each full biweekly pay period or 13 days per leave year |
| At least 3, but Less than 15 | 6 hours of annual leave for each full biweekly pay period plus 4 additional hours for the last full biweekly pay period of the leave year |
| 15 or more | 8 hours of annual leave for each full biweekly pay period or 26 days per leave year |
| Years of Service | Earning Rates |
| Less than 3 | 1 hour of annual leave for each 20 hours in a pay status |
| At least 3, but Less than 15 | 1 hours of annual leave for each 13 hours in a pay status |
| 15 or more | 1 hour of annual leave for each 10 hours in a pay status |
(1) Full-time Employees. A full-time employee earns
leave for each full biweekly
pay period. When a
full-time employee's absence in a nonpay status
totals 80
hours, the employee's annual leave
credit is reduced by 4, 6, or 8 hours depending
on
the employee's leave category, and the employee's
sick leave credit is reduced
by 4 hours.
(2) Part-time Employees.
(a) Earn annual leave and sick leave for each
hour they are in a pay status during the
pay
period.
(b) Holiday leave hours are credited as hours in a pay status, but holiday hours worked are not.
(c) Hours in a pay status in excess of 80 hours
in a pay period are disregarded
in computing
the leave earnings of a part-time employee.
(1) No leave is credited for fractional parts of
biweekly pay periods occurring either
at the
beginning or the end of an employee's period of
service.
(2) Entitlement to a pro rata credit for a fractional pay period occurs when:
(a) An employee's tour of duty changes from
full-time or part-time to intermittent,
or
from intermittent to full-time or part-time.
OR
(b) An employee is carried in a leave without pay
(LWOP) status while in receipt
of disability
compensation from the Office of Workers'
Compensation Programs.
(3) The table shown in figure 2-3 may be used as a
guide in determining the amount of
pro rata credit
for annual leave.
| Biweekly Pay Period Workdays | Hourly Accrual Rate |
| 4* 6 8 | |
| 1....................................................................1......1.....1 2....................................................................1......1.....2 3....................................................................1......2.....2 4....................................................................2......2.....3 5....................................................................2......3.....4 6....................................................................2......4.....5 7....................................................................3......4.....6 8....................................................................3......5.....6 9....................................................................3......5.....7 *This column may also be used for sick leave |
|
(1) There is no maximum limitation on the amount of
annual leave an employee may
accumulate while
serving in a position in the SES; however, only
the annual leave
which accrues while the employee
is serving in the SES is protected from
forfeiture.
Any annual leave earned prior to the
time the employee enters the SES, including
any
annual leave restored from prior years, is subject
to the regulations applicable
at the time the
annual leave was earned or restored.
(2) If an employee leaves the SES, any annual leave
he or she accumulated while
serving in the SES
which is in excess of the maximum amount of leave
which the
employee may accumulate in his or her
new (non-SES) position remains to the
employee's
credit until used. Thereafter, whenever the
employee uses more annual
leave in a leave year
than he or she earns, the balance carried forward
becomes the
new leave ceiling, if it is still
above the maximum allowed in the non-SES position.
(1) Afford employees the opportunity to take an
annual vacation period, or periods,
of extended
leave for rest and recreation.
(2) Afford employees periods of time off to attend to
personal, family, and emergency
matters which can
be disposed of only during the time in which the employee
would ordinarily be working.
(1) The leave plans of all employees in the organizational component can be considered.
(2) Employees have an opportunity to use annual leave at times which meet their needs.
(3) Employees will not forfeit annual leave unavoidably.
(4) Work requirements can be adjusted to accommodate
employee leave plans, wherever
possible.
(1) Employees who are unable to report for duty
because of personal emergencies shall
notify their
supervisors and request leave as soon as possible.
As soon as possible
means at or before the
beginning of the regularly scheduled tour of duty.
Extenuating
circumstances of a highly unusual
nature may prevent timely notification and such
circumstances will be carefully considered when
evaluating leave requests.
(2) Employees must request annual leave personally
(unless unusual circumstances pertain)
for each
day that the personal emergency continues unless
their supervisors have
approved other
arrangements.
(3) Until such notification is given, supervisors
cannot grant annual leave and employees
may be
considered as absent without leave (AWOL) until
such time as they give
proper notification and are
granted annual leave by their supervisors.
(4) As a condition of granting emergency annual
leave, approving officials may require
employees
to submit certain documentation in support of
their requests for leave.
(1) An employee whose current appointment is not
limited to less than 90
days earns and accrues
annual leave beginning with his or her first full
biweekly
pay period and may be granted annual
leave as it accrues.
(2) An employee whose current appointment is limited
to less than 90 days
earns and accrues annual
leave beginning with his or her first full
biweekly pay
period, but is not entitled to use
annual leave until he or she:
(a) Has been employed under successive
appointments for a continuous
period of 90
days or more without a break in service; or
(b) Is converted to an appointment not limited to less than 90 days.
(1) An employee must submit a request for advance annual leave as far in advance
of the requested
period of absence as possible. When advance
annual leave
cannot be requested in advance
because of a personal emergency, it may be
approved after the fact provided the employee
submits any documentation
required in support of
the request within the time frame established by
the
approving official.
(2) Employees requesting advance annual leave must submit the following:
(a) A Standard Form 71, Application for Leave.
(b) A memorandum to the approving official detailing the reason(s) for the absence.
(c) Such additional documentation as the
Department component or approving
official
may prescribe.
(1) Employees may be advanced, at the beginning of the
leave year or any time
thereafter, such annual
leave as they may be expected to accrue during the
leave year.
(2) Approval of requests for advance annual leave is
at the discretion of the approving
official;
employees do not have a vested right to advance
leave, regardless of the
circumstances.
(3) Employees may not be advanced annual leave when it
is known (or reasonably
expected) that they will
not return to duty.
(4) Before advancing annual leave, approving
officials should consider such matters
as the
expectation of return to duty, the need for the
employee's service, the
benefits to the
organization in retaining the employee, and the
fact that, if the
employee separates because of
disability or illness (whether by retirement or
resignation), the Department has no authority to
require repayment of the amount
paid to the
employee for advance leave.
(1) The regular carryover balance or accumulated annual leave from the previous year, if any, plus
(2) Annual leave accrued and unused during the current leave year, if any, plus
(3) Any unused restored annual leave.
(1) If an employee buys back regular annual leave
which is recredited to a prior
leave year and the
recredit causes a leave balance at the end of that
leave year
which is in excess of the employee's
maximum authorized accumulation (usually
240 hours), the excess annual leave will immediately
be forfeited as of the
beginning of the leave
year following the year to which it is
recredited.
(2) If the buy-back annual leave is forfeited solely
because it is in excess of the
maximum authorized
accumulation, it is not subject to the provisions
of 5 U.S.C.
6304(d) which allow for restoration
of annual leave which has been forfeited due
to
administrative error, exigencies of the public
business, or sickness.
(1) Annual leave which is cancelled because of an
exigency of the public business and
subsequently
forfeited because it cannot be rescheduled and
used before the end of
the leave year may be
restored if:
(a) The leave was scheduled in advance, and
(b) The exigency was of such importance that the use of annual leave was precluded.
(2) Excused absence (commonly referred to as
administrative leave), compensatory time
off, or
holidays which interrupt annual leave are not
considered exigencies of the
public business and
annual leave forfeited as a result cannot be
restored.
(1) The annual leave was scheduled in advance. AND
(2) The period of absence due to sick leave occurred
so late in the leave year or was
of such duration
that the annual leave could not be rescheduled and
used prior to
the end of the leave year.
(1) The exigency or operational demand must be of
such importance that the use of
scheduled annual
leave by affected employees is precluded.
(2) There must be no reasonable alternative to the
cancellation of the scheduled
annual leave of
those employees who will forfeit annual leave
because of the
work requirement generated by the
exigency.
(3) The decision that an exigency exists may not be
made by any official whose
leave would be affected
by the decision.
(4) A specific beginning and ending date must be
fixed for the exigency. These
dates must be fixed
in advance, unless the suddenness or uncertainty
of the
circumstances prevents an advance decision.
These dates must establish the
specific time
period within which employees were prevented from
using
scheduled annual leave and thus,
subsequently forfeited leave.
(1) Supporting Data. Employees must provide
factual evidence that the annual
leave forfeited
was scheduled in advance and approved, and the
reasons why the
leave could not be used as
scheduled or rescheduled so as to avoid
forfeiture.
Copies of: Form DOJ-296, Time and
Attendance Report; Standard Form 71,
Request for
Leave; and such other records as may be required
by the employing
organization must be provided as
documenting evidence. Copies of the supporting
documents must be attached to the Form DOJ-364.
(2) Other Evidence. If official records are not
available to substantiate the amount of
leave to
be restored, an estimate of the employee's leave
account is acceptable
when accompanied by official
statements which reflect clearly why official
records
are not available and the factors which
form the basis for the estimate.
(1) The date the leave was restored for use.
(2) The amount credited.
(3) The specific time limit established for its use.
(4) The amount of usage and balance.
(1) The date of restoration of the annual leave forfeited because of administrative error. OR
(2) The date fixed by an official designated under
the provisions of paragraph 21 as
the termination
date of the exigency that resulted in the
forfeiture of the annual
leave. OR
(3) The date the employee is determined to be
recovered and able to return to duty
if the leave
was forfeited because of sickness.
(1) Threaten the national security, safety, or welfare.
(2) Last more than 3 calendar years.
(3) Affect a segment of the Department or an occupational class.
(4) Preclude subsequent use of both restored and
accrued annual leave within
the time limits
established in paragraph 25a.
(1) Is incapacitated for duty by sickness, injury, or
pregnancy and confinement. In this
context a
handicapped employee who depends on an aid,
mechanical or otherwise,
to perform work is
normally incapacitated without the aid. A
seeing-eye dog, a
personal assistant, a wheelchair, any
prosthetic device may be considered an
extension
of the employee and a grant of sick leave for such
purposes as training,
replacement, or repair is
appropriate under the same conditions as any other
incapacitation.
(2) Receives emergency medical, dental, or optical examination or treatment.
(3) Is required to give care and attention to an
immediate family member who is
afflicted with a
contagious disease (as defined in paragraph 3e of
this order).
(4) Would jeopardize the health of others by coming to
work because the employee
has been exposed to a
contagious disease (as defined in paragraph 3e of
this
order).
(5) Meets the requirements for disability retirement.
(6) Is a disabled veteran who must undergo medical
examination or treatment in
connection with the
disability. In these cases, disabled veterans
shall be granted
such sick or annual leave or
leave without pay (LWOP) as is necessary.
(1) Requests for sick leave for nonemergency medical,
dental, or optical examination
or treatment --
even though submitted with proper supporting
evidence -- may be
denied if it is determined that
the employee's services are needed.
(2) If the employee fails to follow prescribed
procedures for requesting or documenting
either
emergency or nonemergency sick leave, the request
may be denied if the
approving authority considers
that such extenuating circumstances as would
warrant
approval did not exist.
(1) Sick leave is to be used only for the reasons specified in this paragraph.
(2) Sick leave is NOT to be granted or used:
(a) As a substitute for annual leave.
(b) For rest.
(c) To care for an immediate family member who
does not have a contagious
disease (as
defined in paragraph 3e of this order).
(d) To accompany family members to their medical appointments.
(3) Requesting, granting, or using sick leave improperly may be grounds for disciplinary or adverse action.
(1) Sick leave may be granted only when supported by evidence which is administratively acceptable.
(2) A medical certificate or other administratively
acceptable evidence as to the
reason for the
absence is required for all absences in excess of
three workdays
(or for a lesser period established
by the Department component or approving
official).
(3) Approving officials may consider an employee's
certification as to the reason for his
or her
absence as evidence which is administratively
acceptable; however, absences
in excess of ten
workdays must be supported by a medical
certificate (or for a lesser
period established by
the Department component or approving official).
(1) Certification from the attending physician or
local health authority that it is a disease
for
which local health authority regulations require
that the patient be quarantined,
isolated, or
restricted as to movement.
(2) Certification from the attending physician as to
how long a patient should be
quarantined,
isolated, or restricted if the period is not
specified in the local health
authority
regulations.
(3) Such other documentation as the component or approving official prescribes.
(1) The reason for requiring the evidence.
(2) The type(s)of acceptable evidence (e.g., a
certificate from a physician or such
other
practitioner as may be designated).
(3) The time frame within which the supporting
evidence or documentation must be
furnished.
(4) The conditions for presentation of the
supporting evidence in order to obtain
approval of
subsequent sick leave requests.
(5) The consequences of not providing such evidence
within the prescribed time
frame.
(1) Full-time employees may be granted advance sick leave not to exceed 240 hours.
(2) Part-time employees may normally be granted
advance sick leave not to exceed
120 hours;
however, if circumstances warrant, they may be
granted advance sick
leave not to exceed 240
hours.
(3) Employees serving probationary or trial periods
may be required to exhaust their
annual leave
before any advance sick leave is granted.
(4) Employees on limited appointments may be advanced
sick leave only in the
amount which will be earned
during the remaining period of employment.
(5) Employees approaching mandatory retirement or
those who have applied for
optional or
discontinued service retirement may be advanced
sick leave only in
the amount which will be earned
prior to the date of retirement.
(1) An employee must submit a request for advance sick
leave as far in advance of
the requested period of
absence as possible. In the event of injury or
sudden
illness, advance sick leave may be granted
after the fact provided the employee
submits any
documentation required in support of the request
within the time
frame established by the approving
official.
(2) An employee requesting advance sick leave must submit the following:
(a) A Standard Form 71, Application for Leave.
(b) A medical certificate or other
administratively acceptable evidence
substantiating the reason(s) for the absence.
(c) Such additional documentation as the
Department component or
approving official
may prescribe.
(1) Employees do not have a vested right to advance
leave, regardless of the
circumstances, and the
approval of requests for advance sick leave is at
the
discretion of the approving official. Before
granting advance sick leave,
approving officials
should consider the following:
(a) Whether the employee can be expected to return to duty.
(b) The need for the employee's services.
(c) The benefits in retaining the employee.
(d) The fact that, if the employee separates
because of disability or illness
(whether by
retirement or resignation), the Department
has no authority
to require repayment of the
amount paid to the employee for advance
leave.
(2) Approving officials may not grant advance sick leave to an employee:
(a) Who has filed application for disability retirement or has indicated an intention to resign for disability.
(b) When a separation date has been established
which would preclude the
employee from
earning enough leave to repay the advance
sick leave.
(c) When there is other evidence that the employee will not return to duty.
35-40. RESERVED.
CHAPTER 6. LEAVE WITHOUT PAY (LWOP).
(1) A Standard Form 71, Application for Leave.
(2) Such additional documentation as the Department component or approving official may prescribe.
(1) A Standard Form 71, Application for Leave.
(2) A memorandum to the approving official detailing
the reason(s) for the absence. If
the employee
is requesting LWOP for medical reasons, he or she
must submit a
medical certificate or other
administratively acceptable evidence
substantiating the
reason(s) for the absence.
(3) Such additional documentation as the Department component or approving official may prescribe.
(1) A disabled veteran who is entitled to LWOP, if
necessary, to undergo medical
examination or
treatment in connection with the disability (see
paragraph 30b(6).
(2) A reservist or National Guardsman who is entitled to LWOP, if necessary, for military training.
(1) Where the Granting of LWOP is discretionary, the
circumstances surrounding
each request tend to
differ from case to case. Initially, an approving
official must:
(a) Decide whether the employee's services are required.
(b) Determine how long the employee can be
absent before the component's
need for his or
her services becomes critical, e.g., the need
for the services
of an employee in a key
position generally becomes critical in a much
shorter time than it does for an employee who
is not in a key position.
(2) Each request for LWOP should be examined carefully
to assure that the value to
the Department or the
serious needs of the employee are sufficient to
offset the
loss of the employee's services and the
costs and administrative inconveniences
that
result when an employee is retained in a LWOP
status. Before granting
LWOP, approving officials
should consider the following:
(a) Encumbrance of the employee's position.
(b) Loss of services that may be vital to the organization.
(c) Obligation to provide employment at the end of the LWOP.
(d) Six (6) months of LWOP in any calendar year
is creditable service for
such benefits as
retirement and severance pay.
(e) Eligibility for continued coverage (without
cost to the employee) for up to
1 year for
life insurance and continued coverage (with
payment of
employee's portion of the premiums
by the employee) for up to 1 year for
health
insurance benefits.
(1) Fulfillment of parental or family responsibilities (see Chapter 8).
(2) Increased job ability.
(3) Protection or improvement of an employee's health.
(4) Retention of a desirable employee.
(5) Furtherance of a program of interest to the Government.
(1) Attend to parental or family responsibilities.
(2) Continue his or her education, when the course of
study or research is in line
with a type of work
performed by the Department component and would
contribute to the component's mission.
(3) Serve temporarily in a non-Federal or private
enterprise when there is a
reasonable expectation
that the employee will return to duty and the employee's
service will contribute to the public
welfare and/or the experience gained will
serve
the interests of the Department component.
(4) Recover from illness or disability not of a
permanent or disqualifying nature, when
continued
employment or immediate return to duty would
threaten the employee's
health or the health of
other employees.
(5) Protect his or her status and benefits during the
period pending an initial decision
by OPM on a
disability retirement application.
(6) Protect his or her status and benefits during any
period pending action by the
Office of Workers'
Compensation Programs (OWCP) on a claim resulting
from
a work-related illness or injury.
(7) Avoid a break in the continuity of service when
he or she must relocate to
accompany a family
member who is employed by the Federal Government
or
who is a member of the military to a new post
of duty.
(8) Serve as an officer or employee of a union representing Federal employees.
(1) When an initial request for extended LWOP of more
than 30 days is approved,
or when consecutive
grants of LWOP of less than 30 days exceed 30 days
in
the aggregate, a Standard Form 52, Request for
Personnel Action, MUST BE
SUBMITTED to the
servicing personnel office.
(2) A separate Standard Form 52 MUST BE SUBMITTED to
the servicing
personnel office when the employee
returns to duty.
(1) The employee submits the required supporting evidence within the time prescribed by the approving official.
(2) The approving official determines that the
employee has a satisfactory reason for not
obtaining approval for the absence or not
notifying his or her supervisor of the reason
for
the absence in a timely manner.
(1) Managers and supervisors should always be aware of
any working conditions or
strenuous requirements
in the workplace that could have an adverse effect
on an
expectant mother.
(2) If an employee asks for a change in her duties or
assignment based on her doctor's
advice, every
reasonable effort should be made to accommodate
her.
(3) Medical certification as to the nature of the
limitations recommended by the
employee's doctor
may be requested.
(4) If accommodations cannot be made, the employee
may request leave or be placed
on leave, whichever
is appropriate under the circumstances.
(1) Many expectant mothers want to work virtually up
to their expected date of
delivery while others
may need to stop work at some point before their
due
date for their own health and that of their
unborn child. Pregnancy must be
treated in the
same manner as any other short-term disability
and Department
Components may not set an arbitrary
date at which leave for childbirth must
begin.
(2) Managers and supervisors should bear in mind that it takes longer to recuperate from a Caesarean delivery.
(3) Sick leave is appropriate for any physical
examinations and for the period of
physical
incapacitation and recuperation associated with
childbirth. Periods of
recuperation will vary
because of the physical condition of the mother
and
physician's instructions. Annual leave and/or
leave without pay are appropriate
if the employee
does not have sufficient sick leave to cover the
period.
(1) A new mother may need time beyond her
recuperation period to adjust to a
newborn and
develop a close relationship with the infant.
(2) Fathers may be needed at home during and after the
mother's hospitalization to
help with household
duties or to care for other children. Fathers,
too, may need
time to build a close relationship
with the newborn.
(3) Parents will often need some time to make
arrangements for the care of newborn
children
before returning to work.
(4) When considering leave requests for these types
of parental responsibilities,
supervisors should
take into consideration the importance of this
period for the
well-being of both parents and
children.
(5) Annual leave and/or leave without pay are appropriate for the care of newborn children.
(1) If an employee wishes to return to work following
her period of incapacitation
and recuperation due
to childbirth, the employee shall be returned to
her former
position. She may be separated at an
earlier date by expiration of appointment,
by
reduction in force, for cause, or for other
reasons unrelated to the maternity
absence.
(2) An employee who has given birth and does not plan
to return to work should
submit her resignation at
the expiration of her period of incapacitation;
she may
be separated at an earlier date for other
reasons unrelated to the maternity
absence.
(1) Adoption is often a long and arduous process
which places many requirements
on prospective
parents. In addition to appointments for
interviews and
counseling sessions with adoption
agencies, and various legal arrangements, an
adoptive parent often must make a commitment to
stay home with the adopted
child for the first
several months.
(2) In granting leave during this important time,
managers and supervisors should
give adoptive
parents the same consideration as biological
parents.
(3) Leave for adoption may be annual leave or leave
without pay; sick leave is
not appropriate.
(1) As with adoptive parents, prospective foster
parents may also need time for
interviews,
counseling sessions, legal arrangements, etc.
(2) In granting leave during this important time,
managers and supervisors should
give prospective
foster parents the same consideration as
biological parents.
(3) Leave for the purpose of becoming a foster parent
may be annual leave or
leave without pay; sick
leave is not appropriate.
(1) Federal Courts. An employee serving as juror in
any Federal court may not receive a
fee from the
court for jury service which is covered by court
leave.
(2) State or Local Courts. An employee serving as a
juror in a State or local court must
return fees
received for jury service which is covered by
court leave to his or her
payroll office.
(3) Reimbursement for Expenses. Payment which
represents reimbursement for actual
and necessary
expenses incidental to service as a juror may be
retained by the
employee. (The employee should
obtain documentation from the court that such
payment does not represent a fee for jury
service.)
(1) When an employee is summoned or assigned by the
Department to testify in a
nonofficial capacity on
behalf of the United States or the government of
the District
of Columbia, the employee is in an
official duty status as distinguished from a leave
status, and entitled to his or her regular pay.
(2) When an employee is summoned as a witness in a judicial proceeding to testify in a
nonofficial
capacity on behalf of a State or local government,
or on behalf of a
private party in connection with
any judicial proceeding to which the United
States,
the District of Columbia, or a State or
local government is a party, the employee is
entitled to court leave during the time he or she
is absent as a witness.
(3) When an employee appears as a witness in a
nonofficial capacity on behalf of a
private party
in connection with any judicial proceeding to
which the United
States, the District of Columbia,
or a State or local government is not a party,
the
employee is not entitled to court leave and must
request annual leave or
LWOP for this type of
absence.
(1) An employee who serves as a witness on behalf of
the United States or the
government of the
District of Columbia may not be paid witness fees.
(2) An employee who serves as a witness: on behalf of
a State or local government;
in an official
capacity on behalf of a private party; or in a
nonofficial capacity on
behalf of a private party
in a judicial proceeding to which the United
States, the
District of Columbia, or a State or
local government is a party, must collect the
authorized witness fees and turn them over to his
or her payroll office.
(3) An employee who serves as a witness in a
nonofficial capacity on behalf of a private
party
in a judicial proceeding to which the United
States or the District of Columbia
or a State or
local government is not a party is entitled to
keep the witness fees.
(1) An employee who serves as a witness on behalf of
the United States or the District
of Columbia, or
in an official capacity as witness behalf of a
State or local
government or a private party is
entitled to government travel expenses which are
to be offset to the extent they are paid by the
court, authority, or party which
caused the
employee to be summoned.
(2) An employee who serves in a nonofficial capacity
as a witness is entitled to keep
any travel
expenses paid by the court, authority, or party
which caused the employee
to be summoned.
| Nature of Service | Type of Absence | Fees | Govt. travel expenses |
|||||
| Court Leave | Official Duty | Annual Leave or LWOP |
NO | YES | NO | YES* | ||
| Retain | Turn in to agency |
|||||||
|
X X ------ ------ ------ X ------ ------ ------ X ------ |
------ ------ X ------ X ------ ------ X ------ ------ ------ |
------ ------ ------ ------ ------ ------ ------ ------ ------ ------ X |
X ------ X ------ ------ ------ ------ ------ ------ ------ ------ |
------ ------ ------ ------ ------ ------ ------ ------ ------ ------ X |
------ X ------ ------ X X ------ X ------ X ------ |
X X ------ ------ ------ X ------ ------ ------ X X |
------ ------ X ------ X ------ ------ X ------ ------ ------ |
CHAPTER 10. MILITARY LEAVE.
(1) The Army Reserve.
(2) The Navy Reserve.
(3) The Marine Corps Reserve.
(4) The Air Force Reserve.
(5) The Coast Guard Reserve.
(6) The Army National Guard of the United States.
(7) The Air National Guard of the United States.
(1) Full-time employees with permanent, TAPER, or
term appointments, or temporary
appointments of
one year or more.
(2) Part-time career employees (16-32 hour tour per
week) as defined in section 3401
(2), title 5, United States Code.
(1) Employees with temporary appointments of less than one year.
(2) Employees with temporary appointments not to exceed one year.
(3) Employees with intermittent work schedules.
(4) Part-time employees with schedules of less than 16 hours per week or more than 32 hours per week.
(1) Full-time employees who perform active duty or
active duty for training are
entitled to military
leave at the rate of 15 days per fiscal year.
(2) Part-time career employees who perform active
duty or active duty for training
are entitled to
military leave at that percentage of the rate
prescribed under
paragraph 62a(1) which is
determined by dividing the number of hours in the
employee's regularly scheduled workweek by 40.
This rate of accrual is based
upon the number of
hours in the regularly scheduled workweeks of the
employees
and not upon the number of hours they
may work in a week.
(1) Full-time employees who are activated for either
Federal or State service to
enforce the law
during periods of civil disturbance, domestic
violence, insurrection,
rebellion, etc., are
entitled to military leave with pay not to exceed
22
WORKDAYS IN A CALENDAR YEAR.
(2) Employees who perform active duty for law
enforcement purposes for more than
22 workdays in
a calendar year may use any unused military leave
which is
available for active duty or training to
cover the excess.
(1) Requests to perform active or inactive duty for
training, particularly when they recur
frequently,
should not be viewed as requiring automatic
approval. While the right to
a leave of absence
to perform necessary military is generally
absolute, the length of
absence requested, the
number of times absence is requested, and the
amount of
notice provided by the employee must be
reasonable both in the context of the
Reservist's
military obligation and the requirements of the
Department component.
(2) Each request should be weighed in terms of the
workload of the Department
component and the
extent to which the employee's services can be
spared. In
situations where the request appears
to be unreasonable, or the employee cannot
be
spared from his or her civilian duties, the
approving official should contact the
military
unit and attempt to make some other mutually
satisfactory arrangements
for the training (e.g.,
reschedule the active duty for training) before
the request is
approved.
(1) An employee who accepts an appointment to, or
occupies a position for which the
Department has
prescribed the requirement that the incumbent
accept assignments
anywhere in the world as the
needs of the Department dictate. (This applies
primarily
to positions where an employee's whole
career is subject to reassignment from one
location to another, with much of his or her time
to be spent in overseas areas.)
(2) An employee serving at a post for which a 20
percent or higher foreign or nonforeign
(but not
tropical) pay differential is authorized.
MONTHS OF SERVICE |
Earning Rate (days for each 12 months) | ||
| 15 | 10 | 15 | |
| Days Earned | |||
| 1 2 3 5 6 7 8 10 11 12 13 15 |
0 1 2 3 4 5 5 6 7 8 9 10 |
0 0 1 1 2 2 2 3 3 4 4 5 |
|
(1) Home leave may be granted only for use in the
United States, the Commonwealth
of Puerto Rico,
or a territory or possession of the United
States.
(2) Home leave may be granted only during an
employee's period of service abroad,
or within a
reasonable period after his or her return from
service abroad when it is
contemplated that the
employee will return to service abroad
immediately or upon
completion of an assignment in
the United States.
(3) Home leave not granted during a period named in
paragraph 76b(2) may be granted
only when the
employee has completed a further substantial
period of service
abroad. This further
substantial period of service abroad may not be
less than the
tour of duty prescribed for the
employee's post of assignment, except when an
authorized official determines that an earlier
grant of home leave is warranted in an
individual
case.
(1) Spouse and parents thereof.
(2) Children, including adopted children, and spouses thereof.
(3) Parents.
(4) Brothers and sisters, and spouses thereof.
(5) Any person related by blood or affinity whose
close association with the deceased
was such as
to have been the equivalent of a family
relationship.
(1) A Standard Form 71, Application for Leave.
(2) Such additional documentation as the Department component or approving official may prescribe.
(1) Approving officials shall grant an employee such
funeral leave as is needed and
requested by the
employee, not to exceed three (3) workdays,
without loss of
or reduction in pay, leave, or
credit for time or service, and without affecting
the employee's performance or efficiency rating.
(2) Funeral leave may be granted only from a prescribed tour of duty, including regularly scheduled overtime.
(3) The leave granted need not be consecutive, but if
not, the employee must submit a
memorandum to the
approving official which contains satisfactory
reasons justifying
a grant of funeral leave for
nonconsecutive days.
(1) When overtime work is performed in advance, the
time off for religious observances
must be taken
within six (6) pay periods of the pay period in
which it was earned.
(2) Time off not taken within this time frame will be forfeited.
(1) When overtime work is performed after the time
off, it must be repaid by an equal
amount of
overtime work within six (6) pay periods following
the pay period in
which the employee was absent.
(2) Time off that is not repaid within this time frame
will be charged to annual leave or
LWOP (as
requested by the employee).
(1) This authority is to be exercised with extreme
care and may be used only when
no statute,
regulation, or executive order operates directly
to relieve employees
from duty.
(2) Excused absence may be authorized only for
employees who would otherwise be
in a duty status
or on authorized leave with pay.
(3) Ordinarily, excused absence is authorized on an
individual basis; however,
under certain
conditions, excused absence may be authorized for
groups of
employees.
(1) Generally, where the polls are not open at least
three hours before or after an
employee's regular
hours of work, the employee may be granted an
amount of
excused absence which will permit the
employee to report for work three hours after
the
polls open or leave work three hour's before the
polls close, whichever requires
the lesser amount
of time off.
(2) Under exceptional circumstances when the general
rule does not permit sufficient time,
an employee
may be excused for such additional time as may be
needed to enable the
employee to vote, depending
upon the particular circumstances in the
individual case,
but not to exceed a full day in
any case.
(3) If an employee's voting place is beyond normal
commuting distance and vote by
absentee ballot is
not permitted, the employee may be granted
sufficient time off in
order to make the trip to
the voting place to cast a ballot. Where more
than one day is
required to make the trip to the
voting place, a liberal leave policy shall be
observed.
Time off in excess of one day shall be
charged to annual leave or leave without pay.
(4) An employee who votes in a jurisdiction which
requires registration in person may be
granted
time off to register on substantially the same
basis as for voting, except that no
such time
shall be granted if registration can be
accomplished on a nonworkday and the
place of
registration is within reasonable one-day,
round-trip travel distance of the
employee's
place of residence.
(1) The normal operations of an establishment are
interrupted by events beyond the
control of
management or employees, such as emergency
conditions caused by
extreme weather conditions,
fires, floods, or serious interruption to public
transportation services.
(2) Machines break down, power failures occur, or structures need to be repaired or rebuilt.
(3) It is in the public interest to relieve employees
from work to participate in civil
activities
which the Federal Government is interested in
encouraging.
(4) Federal work may not be properly performed because
of a local holiday. When
such holidays occur,
employees must actually be prevented from working
by one
of the following circumstances:
(a) The building or office in which the employees work
is physically closed, or
building services
essential to proper performance of work are not
operating.
(b) Local transportation services are
discontinued or interrupted to the point
where employees are prevented from reporting
to their work location.
(c) The duties of the employees consist largely
of dealing directly with
employees and
officials of local establishments which are
closed in
observance of the holiday and there
are no other duties (consistent with their
normal duties) to which the employees can be
assigned on the holiday.
(1) Dismissals due to unusual employment or work
conditions created by a temporary
disruption of
air cooling or heating systems should be rare.
Employees are expected
to work if conditions in
the workplace are reasonably adequate even though
these
conditions are not normal and may involve
minor discomfort.
(2) Individual employees affected by unusual levels
of temperature to the extent that
they are
incapacitated for duty, or to the extent that
continuance on duty
would affect their health,
may be granted annual or sick leave.
(3) Before administrative excusal may be granted, it
must be clearly established by
reasonable
standards of judgment that the conditions are such
as to actually prevent
working. When making such
decisions, management officials must take into
consideration the physical requirements of the
positions involved as well as the
temperature of
the work area.
(1) Washington Metropolitan Area. Decisions to
curtail Federal operations due to
adverse weather
conditions in the Washington D.C. metropolitan
area will be made
by the Director, Office of
Personnel Management (OPM) and the Department
will
follow the OPM guidelines given in appendix
1.
(a) During Normal Working Hours.
1 When OPM decides to curtail Federal
operations due to adverse
weather onditions, OPM will notify the Director,
Personnel Staff,
Justice Management Division.
2 The Personnel Staff will then notify
Department components of the
dismissal time
for Zone 1 residents. Zones 1, 2, 3, and 4
are shown
in figure 1. Zone 1 residents will
be released to go home first,
appendix 1,
paragraph 13.
3 Employees who live in Zones 2, 3, and 4 will
be dismissed at half-hour
intervals
thereafter.
(b) During Nonworking Hours. OPM will make every
effort to notify the news
media by 6:00
a.m., of its late arrival or closure
decision. The standard media
announcements
are listed in appendix 1, paragraph 10.
(2) Field Office Locations. The heads of Federal
Executive Boards or similar
organizations of
Federal officials are responsible for the
development and
dissemination of special adverse
weather leave policies and procedures for their
locales. The Personnel Staff will not be
involved in adverse weather dismissal or
closure
decisions affecting these field locations.
APPENDIX 1. U.S. OFFICE OF PERSONNEL MANAGEMENT AREA EMERGENCY DISMISSAL OR CLOSURE PROCEDURES FOR THE WASHINGTON, D.C. AREA.
| The material in Appendix 1 and Figure 1 has been superceded. The most recent version of these procedures is discussed in this memo. |
COUNCIL OF GOVERNMENTS
Residential Zone Dismissal Plan
for the Washington Metropolitan Area (GRAPHIC CHART)
(NOT AVAILABLE)
Last Updated: January 30, 2003
usdoj/jmd/ps/jpc