Leave and Ethics
Background on Leave Status
When Ethics Coordinators (ECs) deal with Outside and Official Duty Activities, questions about the use of leave by Commissioned Officers (COs) can arise. The following section on Leave Status is intended as general background for EC review of ethics related activities.
24-Hour Service. Leave for COs is related to the military system and is governed by the Commissioned Corp (CC) personnel manual. COs are considered to be available to serve 24 hours a day, 7 days per week, and are either "on duty" or on approved leave. Actual working time is considered "on duty" time. If an officer is requested to work more than 8 hours a day and/or more than 5 days a week, he or she is expected to do so. Unlike civilian government employees, COs cannot receive overtime or compensatory leave. Technically, COs do not participate in maxi/flexi scheduling; however, work hours can be arranged to meet program needs. Officers cannot accumulate compensatory time (credit hours), but supervisors have the discretion to give officers time off in the form of Station Leave.
Annual Leave. Officers earn 2 1/2 days per month, use a total of 30 days of Annual Leave per calendar year, and carry over 60 leave days to the next year. Any carry over leave in excess of the 60 days is lost; there is no provision for using excess leave after the end of the calendar year.
Annual Leave must be taken in whole day increments (if the officer must leave the duty station for less than a whole day, then the supervisor may grant Station Leave). Annual Leave must be approved in writing ahead of time, whenever possible.
Any time nonwork days are surrounded by Annual Leave days, then those nonwork days must be taken as Annual Leave, as shown in Example 4 below.
When an officer is on temporary duty, such as at a meeting, and takes additional days beyond the duty time, the extra time is normally taken as Annual Leave. However, this can be situation specific; officers and/or supervisors should consult the Division of Commissioned Personnel (DCP) for an assessment.
|
Monday |
Tuesday |
Wednesday |
Thursday |
Friday |
Saturday |
Sunday |
|
EXAMPLE 1 July 7 |
July 1 |
July 2 |
July 3 |
July 4 |
July 5 |
July 6 |
|
EXAMPLE 2 July 7 |
July 1 |
July 2 |
July 3 |
July 4 |
July 5 |
July 6 |
|
EXAMPLE 3 July 7 |
July 8 |
July 9 |
July 10 |
July 4 |
July 5 |
July 6 |
|
EXAMPLE 4 July 7 |
July 1 |
July 2 |
July 3 |
July 4 |
July 5 |
July 6 |
Station Leave. Station Leave is any leave taken from the duty station that is less than a full day, or any leave taken during a nonwork day such as Saturday or Sunday (see the Examples above). This type of leave is granted at the discretion of the supervisor and can be used for medical appointments and other activities that must be done away from the duty station. Time off can be authorized as Station Leave; however, it cannot be routinely used to decrease an officer's duty hours.
Terminal Leave. Terminal Leave is the amount of Annual Leave requested and approved before the officer submits the paperwork for separation from active duty. Terminal Leave is taken after the officer submits the separation papers and may be taken in one or several segments. An officer is still considered on active duty during Terminal Leave.
Other Types of Leave.
Sick Leave is only to be used for the officer's personal illness, and may not be used for taking care of sick relatives. It is not unlimited, and may not be accrued. The officer should notify the supervisor and complete a leave slip; the leave slip should be sent to the CC Medical Branch. Maternity Leave is the same as sick leave and covers post partum recovery, but not subsequent child care time.
Court Leave is for jury duty or service as a witness for official/government business. It may not be used for private testimony; Annual or Station Leave must be used instead.
Administrative Leave is used at the supervisor's discretion for job related activities, such as a change of duty station, taking an exam, attending a professional meeting, or attending a professional education session. It must be approved in writing, taken in whole days, up to a limit of 5 days per year. Administrative Leave may not be used for separation or retirement.
Leave Without Pay (LWOP) cannot be granted by the OP/DIV; it can only be authorized by an official personnel order from DCP. LWOP is usually applied when an officer is detailed to a State or nonprofit organization; it may not be used for personal reasons.
Absent Without Leave (AWOL) means the officer receives no pay nor medical care privileges and is automatically terminated from the Corp after 30 days of AWOL.