Human Resources
Pay & Leave
SUMMARY OF FAMILY FRIENDLY LEAVE POLICIES
FEDERAL EMPLOYEES FAMILY FRIENDLY LEAVE ACT
(Public Law 103-388, October 22, 1994) Regulations Effective on June 20, 2000; References: U.S. Code Title 5 Chapter 63, Code of Federal Regulations 5 CFR part 630, Policy and Procedure 402.6
Do you need time off from work for personal, family, or medical needs?
Are you confused about your options?
The following may help to put things into perspective. See your agency's personnel office for additional information on each of these leave policies.
ANNUAL LEAVE
Annual leave is designed to give you vacation periods for rest and relaxation and to provide time off for your personal business or family needs. Your annual leave must be scheduled and approved in advance.
SICK LEAVE
Sick leave may be used when you--
- Receive medical, dental, or optical examination or treatment;
- Are incapacitated by physical or mental illness, injury, pregnancy, or childbirth;
- Would, because of exposure to a communicable disease, jeopardize the health of others by your presence on the job; or
- Must be absent from work for adoption-related activities.
SICK LEAVE TO CARE FOR A FAMILY MEMBER
Beginning December 2, 1994, most Federal employees may use a total of up to 104 hours (13 workdays) of sick leave each leave year to:
- provide care for a family member who is incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth;
- provide care for a family member as a result of medical, dental, or optical examination or treatment; or
- make arrangements necessitated by the death of a family member or attend the funeral of a family member.
A covered full-time employee may use 104 hours (13 workdays) of sick leave each leave year for these purposes. Part-time employees and employees with uncommon tours of duty are also covered, and the amount of sick leave permitted for family care and bereavement is pro-rated in proportion to the average number of hours of work in the employee's scheduled tour of duty each week.
Beginning on June 20, 2000, most Federal employees may use an additional 376 hours (47 days on top of the already established 13 days) for a serious family health condition.
"Family member" is defined as:
- spouse, and parents thereof;
- children, including adopted children, and spouses thereof;
- parents;
- brothers and sisters, and spouses thereof; and
- any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA)
(Public Law 103-3, February 5, 1993)
Effective on August 5, 1993 Under the Family and Medical Leave Act of 1993 (FMLA), covered employees are entitled to a total of 12 administrative workweeks of unpaid leave (leave without pay) during any 12-month period for--
- The birth of a son or daughter and care of the newborn;
- The placement of a son or daughter with you for adoption or foster care;
- The care of your spouse, son, daughter, or parent with a serious health condition; and
- Your own serious health condition that makes you unable to perform the duties of your position. . .
Under certain conditions, FMLA leave may be taken intermittently, or the employee may work under a work schedule that is reduced by the number of hours of leave taken as family and medical leave. You may choose to substitute annual leave for unpaid leave under the FMLA. You may also substitute sick leave in those situations in which the use of sick leave is permitted.
ADVANCE NOTICE AND MEDICAL CERTIFICATION
The employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or as soon as is practicable. An agency may request medical certification for FMLA leave taken to care for an employee's spouse, son, daughter, or parent who has a serious health condition or for the serious health condition of the employee.
Upon return from FMLA leave, you must be returned to the same or equivalent position. While on FMLA leave, you are entitled to maintain health benefits coverage for up to one year. If you are on leave without pay under the FMLA, you are responsible for paying the employee share of the health benefits premium.
(Section 629(b) of Public Law 103-329, September 30, 1994)
Federal employees are entitled to use sick leave for purposes related to the adoption of a child. Employees may use sick leave for appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.
In addition, employees may substitute sick leave retroactively for all or any portion of annual leave used for adoption-related purposes between September 30, 1991, and September 30, 1994.
LEAVE FOR BONE-MARROW OR ORGAN DONATION
(Section 629(a) of Public Law 103-329, September 30, 1994)
Federal employees are entitled to use 7 days of paid (Administrative) leave each calendar year to serve as a bone-marrow donor. And up to 30 days of paid (Administrative) leave each calendar year for organ donation.
(Public Law 103-103, October 8, 1993)
Permanent program effective since January 31, 1994
Leave transfer programs allow Federal employees to donate annual leave to other eligible Federal employees who have medical emergencies and who have exhausted their own leave. REE uses the Voluntary Leave Transfer Program.
EXAMPLES OF FAMILY FRIENDLY LEAVE POLICIES WORKING TOGETHER
Federal leave policies can work together to help you manage your work and family responsibilities. Employees should contact their agency personnel office for additional information. Below are some examples of how employees may use leave when facing a personal, medical, or family emergency.
Laura is a single mother with two children who has worked for the Government for 2 1/2 years. Laura has 201 hours of sick leave and 80 hours of annual leave. Laura's children have problems with recurring ear infections and strep throat and must occasionally be kept home from school and afternoon day care. Laura may use up to 13 or 60 days (depending on the seriousness of the medical condition) of sick leave a year to care for her children when they are ill. By doing so, Laura may be able to conserve her annual leave for a possible family vacation or to care for her children when her child care provider is unavailable.
Michael has worked for the Federal Government for only 5 months. He had 40 hours of sick leave and 36 hours of annual leave before he underwent an emergency appendectomy last week. He has been absent for 5 days, and his doctor wants him to use at least 6 weeks to recuperate. Fortunately, Michael's agency has a leave transfer program. He may apply for donated leave to help to support him until he can return to work. Under this program, employees may donate annual leave to Michael through the leave transfer program. He may also request advanced sick and/or annual leave if the donated leave is not sufficient.
Carol is expecting a baby in 4 months. Carol has 260 hours of sick leave and 200 hours of annual leave. She wants to spend as much time as possible with her new baby. Carol's doctor anticipates that she will need 6 weeks to recuperate after the baby's birth. Carol has requested 240 hours of sick leave. She has also requested 4 weeks of annual leave and 3 months of leave without pay (LWOP). Her supervisor approves the sick and annual leave and informs her of her entitlement to unpaid leave under the FMLA. Carol decides to invoke her FMLA entitlement and use 4 weeks of leave without pay under the FMLA following her approved annual leave. In addition, she and her supervisor work out a leave schedule that permits Carol to use FMLA leave without pay on an intermittent basis 2 days a week for 3 months following her return to work.
Jeff and his wife plan to travel abroad soon to adopt a child. He has a sick leave balance of 280 hours and an annual leave balance of 160 hours. Jeff may use sick leave for absences related to the adoption, including travel time. His agency may advance him up to 30 days of sick leave if requested. Jeff may also request annual leave to spend time with his new son or daughter after the adoption. In addition, he may invoke his entitlement to leave without pay under the FMLA.
Tom fell off his roof while cleaning the gutters and broke his hip. The doctor says Tom will need to be absent from work for at least 16 weeks. Tom has 240 hours of sick leave and 137 hours of annual leave. His installation is understaffed, and Tom is worried that when his sick leave is gone, his supervisor will refuse to grant him annual leave. He is most concerned about the possibility of losing his job and with it his medical benefits. Tom may use his sick leave and then invoke his entitlement to unpaid leave under the FMLA. He may then substitute his annual leave for part of the FMLA leave without pay. While he is on FMLA leave, his reemployment rights and medical benefits are protected. In addition, Tom may apply for and use donated leave from his agency's leave transfer program.
Emilio's sister needs a kidney transplant, and Emilio has decided to donate his kidney to her. Emilio may use up to 30 days of paid (administrative) leave to be an organ donor. This includes the time required for testing to see if he is a compatible donor, plus the time required to undergo the transplant procedure and recuperate. Emilio may get additional time off from work by requesting annual and/or sick leave, advanced leave, and donated leave through his agency's leave transfer program (if he exhausts his own available paid leave).
Last Updated 12/21/2007
