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Department of Justice Seal
U.S. Department of Justice
Justice Management Division
 Personnel Staff                       


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Washington, D.C. 20530

September 27, 2001

MEMORANDUM FOR BUREAU PERSONNEL OFFICERS

FROM:             Joanne W. Simms
                         Director, Personnel Staff
                         Justice Management Division

SUBJECT:      Questions Concerning Leave and Absence in the Aftermath of the Terrorist Attacks

In the aftermath of the terrorist attacks on the World Trade Center and the Pentagon, we have received many questions concerning leave and absence. The Office of Personnel Management (OPM) addresses leave, absence, and pay questions pertaining to events surrounding the terrorist attacks on their web site at www.opm.gov/oca/pay/HTML/pqa01-3.htm. In addition, in response to specific inquiries concerning leave and absence we have received, we provide the following questions and answers:

Q.   Some employees who were in other cities or locations on vacation were unable to return to work on time because the airports around the country were closed. The affected employees were stranded. What should be the status of such employees between the time they should have returned to work and when they actually were able to do so?

A:   Employees who were stranded when the airlines were grounded and the airports closed were directly affected by the terrorist attacks on America. Accordingly, OPM advises that such employees may be granted excused absence (administrative leave) for the time beyond the date they were scheduled to return from leave during which they were unable to report for duty. Components should exercise judgment in determining whether granting excused absence is appropriate. The information provided by OPM also specifies that employees who were on pre-approved leave during the entire time when travel restrictions were in effect should continue to be charged leave until the date they were expected to return to duty.

Q:   An employee who has not been here long enough to have accrued much leave has been affected by the terrorist attacks. His spouse or other family member has died, was injured, or is missing as a result of the attacks on the Pentagon or the World Trade Center. What kind of leave is appropriate for such an employee?

A:   The President has authorized agencies to grant excused absence (administrative leave), without charge to leave or loss of pay, to employees who have been adversely affected by the terrorist attacks because a family member was lost, injured, or is missing, and who can be spared from their duties. Granting administrative leave to such employees is intended to help them cope with the effects of the immediate emergency, and there is no limit set on the amount that can be granted. If a component becomes aware of an employee who requires more time off than the administrative leave granted, the component should establish the Emergency Leave Transfer Program (ELTP) within the component. The President directed that this program should be activated to allow employees to donate unused annual leave to other employees who need additional time off without having to use their own paid leave. The ELTP is authorized under 5 U.S.C. 6391, with implementing regulations in 5 CFR Part 630, Subpart K.

Human resources specialists who have additional questions concerning these matters may contact members of the Personnel Staff's Policy Group for assistance on (202) 514-6778. Margaret Foskey answers questions concerning leave and absence, and can also be reached via e-mail at margaret.foskey2@usdoj.gov. John Cahill answers pay questions, and can be reached via e-mail at john.p.cahill@usdoj.gov. Employees who have questions concerning leave, absence, or pay related to the terrorist attacks should contact their servicing personnel offices.

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