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August 13, 1998

MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

FROM: JANICE R. LACHANCE
DIRECTOR
SUBJECT: Bombings of U.S. Embassies in Kenya and Tanzania

My deepest sympathies are with my fellow Federal employees and their families who have been affected by the bombings at the U.S. embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. I am saddened by the loss of life and suffering caused by these senseless acts of violence.

On August 12, 1998, President Clinton signed a memorandum asking the Office of Personnel Management (OPM) to provide agencies information on the various human resource programs and benefits that are available to Federal employees in the aftermath of this tragedy. In addition, in response to this declared emergency, we are implementing an innovative program, the emergency leave transfer program, that permits executive branch employees in any agency in the United States or around the world to help their fellow employees by enabling them to receive additional time off from work without having to use their own paid leave.

EXCUSED ABSENCE

In his memorandum, President Clinton requests that employees who are prevented from reporting to work or faced with a personal emergency because of the bombings and who can be spared from their usual responsibilities be excused from duty without charge to leave or loss of pay. This policy should also be applied to foreign national employees and any employee who is needed for security, relief, recovery, or other efforts as authorized by the chief of mission in charge at each embassy.

A copy of the President's memorandum is provided at attachment 1. Questions on excused absence may be referred to OPM's Pay and Leave Administration Division on (202) 606-2858 or by email at payleave@opm.gov.

EMERGENCY LEAVE TRANSFER PROGRAM

In addition, as directed by the President, OPM has established an emergency leave transfer program under which employees in any executive agency may donate unused annual leave for transfer to employees of the same or other executive branch agencies who were adversely affected by the bombings and who need additional time off for recovery. The emergency leave transfer program applies only to "employees" defined in 5 U.S.C. 6331, which does not include foreign national employees overseas. (See additional information below.)

The emergency leave transfer program is authorized under 5 U.S.C. 6391 and is separate from the Federal leave sharing program established under 5 U.S.C. 6332 and 6362. Under the emergency leave transfer program, the use of donated leave is not restricted to medical emergencies, and approved leave recipients are not required to exhaust their own accrued and accumulated annual and sick leave before using donated annual leave. Employees may use leave donated under the emergency leave transfer program for personal needs or to care for a "family member" (as that term is defined in 5 CFR 630.902) who was affected by the bombing. In addition, donated leave may be substituted retroactively (beginning no earlier than the date of the bombing, August 7, 1998) for any period of leave without pay used as a result of the emergency or to liquidate an indebtedness incurred by an employee for advanced annual or sick leave used as a result of the emergency. Donated annual leave may not be retroactively substituted for annual leave, sick leave, or excused absence used previously for the emergency.

OPM will coordinate the Governmentwide transfer of leave from leave donors to leave recipients. Agencies will be responsible for approving leave donors and/or leave recipients in their agencies, notifying OPM of the aggregate amount of donated annual leave available from their leave donors, estimating the amount of donated annual leave necessary to meet their leave recipients' needs, and distributing donated leave to approved leave recipients.

To administer this program efficiently and effectively, we request that the headquarters offices of all executive agencies provide to OPM's Pay and Leave Administration Division, by August 21, 1998, the name, telephone number, email address, and FAX number of a contact person who will be responsible for assisting OPM in coordinating the transfer of leave from leave donors to approved leave recipients. The emergency leave transfer coordinator will be responsible for establishing procedures for (1) quickly soliciting donations of annual leave from your employees (e.g., by establishing and maintaining a list of leave donors and the amount of annual leave available); (2) when requested, notifying OPM of the amount of donated annual leave that may be transferred from your agency; (3) identifying the amount of donated annual leave needed by your approved leave recipients; and (4) transferring donated annual leave to approved leave recipients in your agency. Agencies should provide information on their emergency leave transfer coordinator to Brenda Roberts on (202) 606-2858 or by email at payleave@opm.gov.

For the immediate emergency, affected employees will be covered by workers' compensation benefits (for injuries) or granted excused absence. The emergency leave transfer program will be in place to assist approved leave recipients as the need for donated leave becomes known. When a Federal agency notifies OPM that it needs donated annual leave to meet the needs of employees affected by the bombings, OPM will alert the agency emergency leave transfer coordinators and facilitate the transfer of donated leave to the appropriate Federal agencies for transfer to approved leave recipients.

Detailed information about the administration of the emergency leave transfer program is provided at attachment 2. Questions may be referred to Jo Ann Perrini of OPM's Pay and Leave Administration Division on (202) 606-2858 or by email at payleave@opm.gov.

WORKERS' COMPENSATION BENEFITS

Workers' compensation benefits are available in the case of Federal employees who were injured or killed in the bombing. Affected agencies or employees may obtain additional information on workers' compensation benefits by calling Michael Johnson of the Department of Labor's Employment Standards Administration, Office of Workers' Compensation Programs, on (202) 565-9424.

RETIREMENT BENEFITS

Retirement benefits are also available to covered Federal employees or their survivors if the employees were disabled or lost their lives in the disaster. In most cases, the primary benefits will be paid by the Department of Labor. OPM will provide expedited processing of retirement and survivor benefits or any special assistance that may be needed. Questions may be directed to Jim Giuseppe of OPM's Agency Services Division of the Retirement and Insurance Service on (202) 606-0788.

INSURANCE BENEFITS

Insurance benefits may be available to Federal employees or their survivors if the employees were injured or killed in Nairobi, Kenya, or Dar Es Salaam, Tanzania. Injured employees will generally receive medical benefits through the Office of Workers' Compensation Programs. Dependents enrolled under a Federal Employees Health Benefits plan will be covered by that insurance plan. Life insurance coverage and coverage for other losses are also available to employees and their survivors. Assistance may be obtained by calling Jim Giuseppe of OPM's Agency Services Division of the Retirement and Insurance Service on (202) 606-0788.

DEATH GRATUITY

Under section 651 of Public Law 104-208, the head of a department or agency is authorized to pay a death gratuity to the personal representative of a civilian employee of that department or agency whose death resulted from an injury sustained in the line of duty. The payment, in combination with certain other death related payments payable by the Government, cannot exceed $10,000. This authority is administered directly by the head of each department or agency. For further information, contact James Green, Associate General Counsel, of OPM's Office of the General Counsel on 606-1700.

PREMIUM PAY FOR EMPLOYEES PERFORMING EMERGENCY WORK

Agencies are reminded of their authority under the law (5 U.S.C. 5547(b)) and OPM regulations (5 CFR 550.106) to make exceptions to the biweekly maximum earnings limitation. When the head of an agency or his or her designee determines that an emergency posing a direct threat to life or property exists, an employee who is performing work in connection with the emergency must be paid premium pay under the annual limitation of GS-15, step 10, rather than the GS-15, step 10, biweekly limitation.

We encourage agencies to exercise this authority in the case of any employee who performs emergency work in connection with this tragedy or its aftermath. Agency heads are required to make the determination as soon as practicable and to make entitlement to premium pay under the annual limitation effective as of the first day of the pay period in which the emergency began. (Law enforcement officers continue to be covered by a separate biweekly limitation at 5 CFR 550.107.) Questions may be referred to James Weddel of OPM's Pay and Leave Administration Division on (202) 606-2858 or by email at payleave@opm.gov.

FOREIGN NATIONAL EMPLOYEES

The Department of State is providing information to foreign national employees who were affected by the bombings. All questions concerning employee benefits and leave for foreign national employees should be addressed to the embassy personnel or administrative office or to the Department of State's Office of Overseas Employment (PER/OE) on (703) 235-4661, by FAX on (703) 235-4675, or by email at cardoed@perfsnwpoa.us-state.gov.

CONTRIBUTIONS TO RELIEF ORGANIZATIONS

Federal employees who wish to make charitable contributions in support of relief efforts connected with the Kenya and Tanzania bombing may contact any of the disaster relief organizations approved by the Combined Federal Campaign. Please contact your agency Combined Federal Campaign coordinator for additional information.

Attachments:


Last Modified: 2:38:08 PM on Wednesday, August 20, 2003