ON THE LEAVE ACT" (PUBLIC LAW 103-388) June 1997 |
I. Executive Summary | |
II. Leave Flexibilities Available for Family Care Purposes | |
III. Analysis of Leave Data | |
IV. Agency Reports and Suggestions | |
V. Summary and Recommendation | |
Appendix 1. List of Agencies | |
Appendix 2. Use of Sick Leave for Family Care or Bereavement Purposes |
For more information on The Federal Employees Family Friendly Leave Act, contact the Compensation Administration Division on (202) 606-2858 or email at payleave@opm.gov.
This report presents the Office of Personnel Management's
findings on the use of sick leave for family care or bereavement
purposes under the Federal Employees Family Friendly Leave Act,
Public Law 103-388, October 22, 1994. The Act, which became
effective on December 22, 1994, requires the Office of Personnel
Management (OPM) to submit a report to Congress no later than
June 21, 1997, to evaluate the use of sick leave for family care
or bereavement purposes and to make recommendations as to whether
the entitlements under the Act should continue beyond December
21, 1997.
The Federal Employees Family Friendly Leave Act authorizes
covered full-time employees to use a total of up to 40 hours (5
workdays) of sick leave per year to (1) give care or otherwise
attend to a family member having an illness, injury, or other
condition which, if an employee had such a condition, would
justify the use of sick leave by the employee; or (2) make
arrangements for or attend the funeral of a family member. In
addition, a covered full-time employee who maintains a balance of
at least 80 hours of sick leave may use an additional 64 hours (8
workdays) of sick leave per year for these purposes, bringing the
total amount of sick leave available for family care or
bereavement purposes to a maximum of 104 hours (13 workdays) per
year.
On December 12, 1996, OPM requested that Directors of Personnel
provide information on the use of sick leave for family care or
bereavement purposes. OPM received responses from 56 agencies.
Although most employees may use a total of up to 104 hours (13
workdays) of sick leave each year for family care or bereavement
purposes, the average amount of sick leave used in 1995 for these
purposes was 23.3 hours (less than 3 workdays), and the average
amount of sick leave used in 1996 for these purposes was 28.9
hours (less than 4 workdays). Only about 3 percent of employees
who used sick leave for family care or bereavement purposes used
the maximum of 13 workdays per year. Based on the information
provided by the reporting agencies, 228,537 employees used sick
leave for family care or bereavement purposes in 1995, and
335,201 employees used sick leave for these purposes in 1996, an
increase of 46 percent. We attribute this rise to a growing
employee awareness of the provisions of the Federal Employees
Family Friendly Leave Act. In addition, although more female than
male employees exercised their entitlement to use sick leave for
family care or bereavement purposes, the average number of hours
used by males was slightly higher than the average number of
hours used by females in both 1995 and 1996.
Data from the Office of Personnel Management's Annual Survey of
Work Years and Personnel Costs show that the average number of
days of sick leave used by Federal civilian employees in
Executive branch agencies (including the U.S. Postal Service)
increased from 8.6 days in 1994 to 8.8 days in 1995 and to
approximately 9.3 days in 1996(1).
Thus, the average number of days of sick leave used for all
purposes has increased by about 8 percent since 1994, the year
the Federal Employees Family Friendly Leave Act was enacted.
There are a number of factors to which the recent increase in the
use of sick leave may be attributed. For example, in addition to
the enactment of the Federal Employees Family Friendly Leave Act,
Congress enacted separate legislation in 1994 to permit employees
to use sick leave for any purpose related to the adoption of a
child and to substitute sick leave retroactively for any annual
leave used for adoption-related purposes between September 30,
1991, and September 30, 1994. The changing demographics of the
Federal workforce--i.e., more working mothers, single parents,
and adult children caring for parents, together with an aging
population--also may be responsible for increases in the use of
sick leave.
Federal agencies fully support the continuation of the Federal
Employees Family Friendly Leave Act. Agencies believe the Act
demonstrates that the Federal Government recognizes the
importance of family responsibilities and is committed to
assisting Federal employees in balancing their work and family
responsibilities. The general perception is that employees who
take time off for these purposes are better able to deal with the
financial and personal strains caused by a family member's
medical needs or death. When an employer demonstrates support of
its employees through this means, it fosters goodwill and creates
a more compassionate family friendly workplace, resulting in a
more productive workforce.
Recommendation
The Office of Personnel Management recommends that the Federal Employees Family Friendly Leave Act be made permanent.
II.
Leave Flexibilities Available for Family Care Purposes
In response to America's changing demographic realities and a
renewed commitment to family values, the Federal Government has
for some time pursued a range of family friendly employment
policies and programs to help Federal employees balance work and
family demands. The Federal Employees Family Friendly Leave Act
is just one of several family friendly leave policies established
to achieve a workplace culture that is more family friendly and
productive.
Under the current Federal leave system, employees accrue and
accumulate annual and sick leave that may be used for paid
absences from work. Annual leave accrual rates increase with
career longevity so that full-time employees with more than 15
years of Federal service earn substantially more annual leave (26
days) than full-time employees with less than 3 years of service
(13 days). In addition, full-time employees earn 13 days of sick
leave each year. In most cases, employees use annual leave for
vacations and personal needs, including caring for a family
member. Sick leave serves as the primary source of income
protection for an employee's own sickness or injury. Under the
Federal Employees Family Friendly Leave Act, Federal employees
may now use a limited amount of their sick leave to care for a
family member. In addition, employees may use sick leave for
purposes related to the adoption of a child. Employees may also
request advance annual leave, up to 40 hours of advance sick
leave, or leave without pay for family care or bereavement
purposes.
Under the Family and Medical Leave Act of 1993, covered Federal
employees are entitled to a total of 12 administrative workweeks
of unpaid leave during any 12-month period for (a) the birth of a
son or daughter and care of the newborn; (b) the placement of a
son or daughter with the employee for adoption or foster care;
(c) the care of a spouse, son, daughter, or parent with a serious
health condition; and (d) a serious health condition of the
employee that makes the employee unable to perform the duties of
his or her position. Employees may elect to substitute their
annual leave or sick leave, if appropriate, for unpaid leave
under the Family and Medical Leave Act, consistent with current
law and regulations.
The Federal leave sharing program assists employees who have
depleted their accumulated annual and sick leave. The Federal
leave transfer program allows Federal employees to donate annual
leave to other Federal employees who have personal or family
medical emergencies and who have exhausted their own paid leave.
Federal leave banks allow employees to contribute a specified
amount of annual leave yearly to their agency leave bank. Leave
bank members affected by personal or family medical emergencies
can then withdraw leave from the bank if they exhaust their own
paid leave.
Prior to the enactment of the Federal Employees Family Friendly
Leave Act, the Office of Personnel Management (OPM) published
proposed regulations in the Federal Register on
May 11, 1994, to expand the use of sick leave by permitting
employees to use a total of up to
5 workdays of sick leave each leave year to provide care for a
child, spouse, or parent as a result of sickness, injury,
pregnancy, or childbirth; make arrangements necessitated by the
death of a child, spouse, or parent; or attend the funeral of a
child, spouse, or parent. Analysis of existing Federal leave
policies had shown the need and desire for expanded use of sick
leave to care for family members. The report of the National
Performance Review (NPR) on September 7, 1993, stated that
"family-friendly policies serve the needs of a diverse
workforce struggling to manage child care, elder care, family
emergencies and other personal responsibilities while at the same
time remaining committed to professional development and
advancement." The NPR went on to recommend that employees be
permitted to use sick leave to care for dependents in order to
advance these goals. OPM's proposed changes in the sick leave
regulations were part of OPM's continuing effort to develop human
resource policies that are sensitive to the needs of employees.
Soon after OPM's proposed regulations were published, the Federal
Employees Family Friendly Leave Act (H.R. 4361) was introduced in
the 103rd Congress by Congresswoman Eleanor Holmes Norton. In her
opening statement at a hearing on the bill before the House
Subcommittee on Compensation and Employee Benefits on May 18,
1994, Congresswoman Norton pointed out that the Bureau of Labor
Statistics found that in the private sector, 36 percent of
employees were granted the right by their employers to use sick
leave to care for a sick child. In addition, OPM found that 46
State governments, whose sick leave policies are generally
comparable to those of the Federal Government, allowed the use of
sick leave for family illnesses.
Under its own regulatory authority, OPM published final
regulations implementing the use of sick leave for family care or
bereavement purposes on December 2, 1994 (59 FR 62265). OPM's
final regulations are consistent with the Federal Employees
Family Friendly Leave Act, which became effective on December 22,
1994.
The Federal Employees Family Friendly Leave Act provides
explicitly that the term "family member" must be
defined in the same way that the term is defined under the OPM
regulations governing the Federal leave transfer program. Under 5
CFR 630.902, "family member" means the following
relatives of the employee:
Thus, the coverage of the Federal Employees Family Friendly Leave Act (in terms of the individuals for whom a Federal employee may provide care while on paid sick leave) is somewhat broader than the coverage of the Family and Medical Leave Act of 1993, under which Federal employees may use unpaid leave to care for a "spouse, son, daughter or parent."
III. Analysis of Leave
Data
To enable the Office of Personnel Management (OPM) to evaluate
the use of sick leave for family care or bereavement purposes,
agencies were requested to provide data on the use of sick leave
for these purposes. OPM received responses from 56 agencies. (See Appendix 1 for a complete listing of the
responding agencies.)
In 1995, the first full leave year in which the use of sick
leave for family care or bereavement purposes was permitted,
228,537 employees in the responding agencies (about 10.8 percent
of all covered employees) used sick leave for family care or
bereavement purposes. Although most Federal employees may use a
total of up to 104 hours (13 workdays) of sick leave for these
purposes, in 1995 the average amount of sick leave used was 23.3
hours (less than 3 workdays). The number of employees using sick
leave for family care or bereavement purposes rose in 1996 to
335,201 (17.0 percent of all covered employees), an increase of
46.7 percent from 1995 to 1996. In addition, the average amount
of sick leave used for family care or bereavement purposes
increased by about 5 hours, to 28.9 hours (less than 4 workdays).
We attribute these increases to a growing employee awareness of
their entitlement to use sick leave for family care or
bereavement purposes. While it is impossible to predict the level
of use of sick leave for these purposes in the future, it is
reasonable to conclude that there will not be significant
increases in the number of employees using sick leave for family
care or bereavement purposes now that the program is firmly
established and employees are generally aware of their
entitlement. (See Appendix 2 for complete
data on the use of sick leave for family care or bereavement
purposes.)
In 1995, 12.4 percent of eligible female employees and 9.5
percent of eligible male employees in the reporting agencies used
sick leave for family care or bereavement purposes. The
percentage of eligible female employees using sick leave for
family care or bereavement purposes rose to 21.1 percent in 1996,
while the percentage of male employees using this benefit
increased to 13.3 percent. Male employees using sick leave for
these purposes used an average of 26.4 hours in 1995 and 30.0
hours in 1996, while female employees used an average of 20.5
hours in 1995 and 28.0 hours in 1996. On average, although more
female than male employees exercised their entitlement to use
sick leave for family care or bereavement purposes, the average
number of hours used by males was slightly higher than the
average number of hours used by females in both 1995 and 1996.
Data from OPM's Annual Survey of Work Years and Personnel Costs
show that the average number of days of sick leave used by
Federal civilian employees in Executive branch agencies
(including the U.S. Postal Service) increased from 8.6 days in
1994 to 8.8 days in 1995 and to approximately 9.3 days in 1996(2). Thus, the average number of days
of sick leave used for all purposes has increased by about 8
percent since 1994.
There are a number of factors to which the recent increase in the
use of sick leave can be attributed. For example, in addition to
the enactment of the Federal Employees Family Friendly Leave Act,
Congress enacted separate legislation in 1994 to permit employees
to use sick leave for any purpose related to the adoption of a
child and to substitute sick leave retroactively for any annual
leave used for adoption-related purposes between September 30,
1991, and September 30, 1994. Employees were entitled to request
the retroactive substitution of sick leave for annual leave
through September 30, 1996. The changing demographics of the
Federal workforce--i.e., more working mothers, single parents,
and adult children caring for parents, together with an aging
population--also may be responsible for increases in the use of
sick leave
.
IV. Agency
Reports and Suggestions
A. General Comments
The Federal Employees Family Friendly Leave Act has had a very
positive impact on employees, managers, and the ability of
Federal agencies to accomplish their mission. Overall, agencies
reported that the Act has helped employees in their struggle to
balance work and family responsibilities, and as a result, has
made for a more productive and efficient workplace. The enactment
of the Federal Employees Family Friendly Leave Act has allowed
the Federal Government to be viewed as a flexible and caring
employer. In addition, agencies reported that the Federal
Employees Family Friendly Leave Act improved communication and
instilled a more cooperative attitude between supervisors and
employees. Some agencies reported a reduction of grievances filed
by employees and disciplinary actions taken by supervisors.
The Federal Employees Family Friendly Leave Act also has helped
to bridge the gap in income protection for employees who have
little or no available paid annual leave, but who need paid time
off from work for family care or bereavement purposes. For
example, leave can be depleted very quickly when an employee is
required to provide care concurrently for minor children and
elderly parents or is recovering from the death of a parent and
simultaneously must make alternative living arrangements for the
surviving parent. Allowing an employee to use his or her sick
leave precludes the need for extended periods of leave without
pay, which has a negative effect on an employee's pay and
benefits, such as within-grade increases and health benefits. In
addition, the employee is better able to deal with the financial
and personal strain caused by a family member's medical needs or
death. Many agencies reported a reduction in an employee's level
of stress when confronted with a serious illness or death in the
family.
B.
Extent to which 13-Day Limitation Meets Employee and Agency Needs
The agencies reported that only about 3.0 percent of those
employees who used sick leave for family care or bereavement
purposes in 1995 and 1996 (and less than 1 percent of all
eligible Federal employees) used the maximum of 13 workdays. All
of the agencies providing comments stated that the current
limitations on the amount of sick leave that may be used each
year for family care or bereavement purposes are sufficient to
meet most employees' needs. However, although most agencies
stated that there were only a small number of employees who used
the maximum leave entitlement, there is concern that the 13-day
limitation is inadequate for employees affected by long-term,
catastrophic illnesses of family members. In addition, one agency
believes the 13-day limitation may be insufficient for employees
who require extensive travel time to reach family members (e.g.,
employees stationed overseas), since the travel time
significantly reduces the amount of time available for taking
care of these individuals. Some agencies believe the 13-day
limitation may also be inadequate for employees who are required
to provide care concurrently for minor children and elderly
parents or are recovering from the death of a parent and
simultaneously must make alternative living arrangements for the
surviving parent.
C. Impact on Employees, Managers, and
Agency Mission Accomplishment
Federal agencies believe the use of sick leave for family care or
bereavement purposes had a very positive impact on employees,
managers, and the ability of agencies to accomplish their agency
mission. Agencies believe the entitlements provided by the
Federal Employees Family Friendly Leave Act show that the Federal
Government recognizes the importance of family responsibilities
and is committed to assisting Federal employees in balancing the
demands of work and family.
Federal agencies also believe the Federal Employees Family
Friendly Leave Act allows for better planning for office coverage
during employee absences when it is known in advance that an
employee will be absent from work. One agency stated that planned
preventive care for family members reduces the amount of
unplanned "emergency" care. When employees were able to
plan in advance, agencies reported that their mission did not
falter because employees were more focused and productive while
at work, since the employees were able to be with family members
in times of need. Agencies believe that under most circumstances
the employee would be absent in any event. Therefore, it is
better for employee morale and agency planning purposes to have
advance notice of the employee's intent to take time off.
The following list summarizes the positive impact noted by
agencies of the Federal Employees Family Friendly Leave Act on
employees, managers, and agency mission accomplishment:
Employees
Managers
Agency Mission Accomplishment
Most of the agencies that provided comments reported that the
use of sick leave for family care or bereavement purposes did not
have a significant negative impact on employees, managers, or
agency mission accomplishment. A few agencies listed concerns of
various individual managers. However, most agencies expressed the
view that the positive impacts noted above far outweigh any
potential problems generated by employees' absences from work.
Most managers believe that, in most instances, an employee's
family situation would require the employee to be absent from
work in any event. The following list summarizes the concerns
noted by agencies:
Employees
Managers
Agency Mission Accomplishment
D.
Impact on Other Federal Leave Policies and Programs
The Office of Personnel Management asked agencies whether the use
of sick leave for family care or bereavement purposes reduced
employees' use of annual leave, leave without pay, or donated
annual leave under the Federal voluntary leave transfer and/or
leave bank programs.
The majority of agencies believe the use of sick leave for
family care or bereavement purposes has reduced the use of annual
leave by employees. However, many agencies believe that, in
certain instances, sick leave had been used for the care of a
child prior to the enactment of this law. For example, a parent
who was up all night caring for a sick child may have been too
tired or ill the next day to go to work and would request sick
leave. In the past, this scenario created many conflicts between
managers and employees. One agency reported that the entitlement
to use sick leave for family care purposes reduced the number of
disciplinary actions taken by the agency based on leave abuse.
Data from the Office of Personnel Management's Annual Survey of
Work Years and Personnel Costs show that the average number of
days of annual leave used by Federal civilian employees in
Executive branch agencies (including the U.S. Postal Service)
decreased slightly from 21.1 days in 1994 to 20.1 days in 1995
and to approximately 20.9 days in 1996.(3)
The majority of agencies believe the use of leave without pay has
decreased slightly. In fact, some agencies believe that when an
employee is forced to request leave without pay, it is because
the family member has a long-term or catastrophic condition and
the employee has already exhausted his or her annual leave and 13
days of sick leave for family care.
Overall, agencies believe there has been very little impact on
the Federal voluntary leave transfer and leave bank programs.
However, as employees became aware of their entitlements under
the family friendly leave programs, a few agencies found that
more employees were participating in the leave transfer and leave
bank programs--both as donors and recipients. One agency noted
that employees were more generous in donating their annual leave,
presumably because they now can use their own sick leave for
family care purposes.
One agency reported that less donated annual leave is being used.
This may be attributed to the fact that before an employee is
eligible to become a leave recipient under the voluntary leave
transfer and leave bank programs or to use any donated annual
leave, he or she must exhaust all available paid leave, including
any sick leave available to the employee for family care or
bereavement purposes, if appropriate. Prior to the enactment of
the Federal Employees Family Friendly Leave Act, employees were
required to exhaust only their annual leave if they were affected
by a medical emergency involving a family member. Since an
employee must first use his or her available sick leave for
family care purposes before using donated annual leave under the
leave transfer and leave bank programs, employees are using less
donated annual leave.
OPM received a number of comments on its regulations in 5 CFR
630.1205, which limits the amount of sick leave that may be
substituted for leave without pay under the Family and Medical
Leave Act of 1993 (FMLA) when caring for a spouse, son, daughter,
or parent with a serious health condition. OPM's regulations are
consistent with 5 U.S.C. 6382(d), which states that an employee
may elect to substitute "accrued or accumulated annual or
sick leave" for unpaid leave under the FMLA "except
that nothing in this subchapter shall require an employing agency
to provide paid sick leave in any situation in which such
employing agency would not normally provide any such paid
leave." In other words, sick leave may be granted for any
period during which the use of sick leave would otherwise be
permitted by law or regulation. Some commenters believe Congress
intended to allow Federal employees to substitute any or all of
their sick leave for unpaid leave under the FMLA when caring for
a family member. However, the Federal Employees Family Friendly
Leave Act is the only law that permits the use of sick leave to
care for a family member, and it restricts the amount of sick
leave that may be used for such purposes to not more than 13 days
each year. As a result, an employee may substitute a total of up
to 13 days of sick leave for leave without pay under the FMLA if
he or she is caring for a spouse, son, daughter, or parent with a
serious health condition.
E. Agencies' Suggestions
The reporting agencies suggested one or more of the following
changes to improve the Federal Employees Family Friendly Leave
Act:
1. Increase the amount of sick leave that may be used for family care or bereavement purposes.
Of the 56 agencies that responded, 24 (almost half) suggested
increasing the maximum entitlement of 104 hours (13 workdays) on
a case-by-case basis for employees with extenuating
circumstances, such as long-term catastrophic or terminal
illnesses. One agency suggested raising the maximum entitlement
for all employees based on years of creditable service. Another
agency suggested increasing the maximum entitlement to 240 hours
(30 workdays), while others suggested having no limitation on the
amount of sick leave that may be used for family care or
bereavement purposes.
Agencies expressed concern that employees who were caring for
family members with catastrophic or terminal health conditions
and who had large sick leave balances were frustrated that they
could not use their own accumulated sick leave to care for their
family member. The agencies had great difficulty explaining the
reasoning for this, especially since such employees were eligible
to use annual leave donated by other employees to take time off
from work to care for a family member. Other agencies were
concerned that employees stationed overseas with family members
in the United States were at a disadvantage, since most of the 13
days would be spent en route to the United States.
Based on the information reported, we do not believe there is a
compelling reason to increase the maximum amount of sick leave
that may be used for family care or bereavement purposes. Only
about 3 percent of employees who used sick leave for family care
or bereavement purposes (and less than 1 percent of all Federal
employees) used the maximum entitlement of 13 days. We believe
the current limit of 13 days is sufficient for most employees to
meet their family medical needs when viewed in the context of
other available family friendly leave options and entitlements
and other flexibilities available to employees for changing their
work schedules. For example, agencies reported that most of the
employees who needed additional time off to care for a family
member with a catastrophic or life-threatening illness or injury
were currently receiving donated annual leave under the Federal
leave transfer and leave bank programs.
2. Reduce/eliminate the requirement to maintain 80 hours of sick
leave in an employee's account.
Fifteen agencies suggested eliminating the requirement to
maintain an 80-hour sick leave balance in order to use the
additional 64 hours (8 workdays) of sick leave per year. These
agencies believe this would reduce the administrative burden of
tracking an employee's leave account and prevent discrimination
against those employees who do not have an 80-hour sick leave
balance (e.g., newly hired employees, employees affected by
illnesses or injuries, or new mothers).
On the other hand, however, one agency suggested that employees
be required to maintain 40 hours of sick leave in their account
before receiving any entitlement to use sick leave under the
Federal Employees Family Friendly Leave Act. The agency believes
this would encourage all employees to save sick leave for
personal use and avoid short-term leave without pay situations.
Another agency commented that the requirement to maintain a
minimum sick leave balance provides an incentive to employees
under the Federal Employees Retirement System to conserve their
sick leave. On balance, we believe the current requirement
represents an appropriate means of providing an incentive to
conserve sick leave for an employee's own personal medical needs.
3. Simplify leave administration.
One agency recommended simplifying leave administration by not
having separate leave categories. The agency suggested that each
employee be provided a set amount of leave that he or she may
choose to use for whatever purpose is desired. This would
eliminate arguments over the definitions of "family
member" and "serious health condition," whether
someone was or is "really sick," and insufficient
medical certificates. Another agency recommended eliminating the
requirement to track the use of sick leave under the Federal
Employees Family Friendly Leave Act, while still another agency
suggested changing the leave application form to facilitate
recordkeeping.
The Office of Personnel Management (OPM) has considered the
possibility of combining annual and sick leave in a single leave
category in the past, but has determined that such a change could
not be made without other major changes in the Federal leave
system. OPM will continue to keep this suggestion in mind as we
continue to evaluate the use of sick leave for family care,
bereavement, and adoption purposes.
While it would be possible to eliminate some of the tracking
requirements in OPM regulations, the law still requires agencies
to track the amount of sick leave used by individual employees
for these purposes to ensure that each employee does not use more
than his or her entitlement--i.e., 5 or 13 workdays, as
applicable. However, we believe there will not be any further
need for agencies to maintain records concerning the use of sick
leave for family care or bereavement purposes for the sole
purpose of reporting to OPM. Therefore, we plan to delete this
requirement from our regulations.
OPM has been working with an interagency task force to revise the
form currently used to apply for leave (SF-71) to reflect the new
family friendly leave policies. We expect to issue a new leave
form in the very near future.
4. Change definition of "family member."
Three agencies commented on the definition of "family
member." One agency recommended limiting the definition of
"family member" to those individuals covered by the
definitions of "spouse," "son or daughter,"
and "parent" under the Family and Medical Leave Act of
1993. However, two agencies suggested that the definition of
"family member" be broadened to include "life
mates," "domestic partners," and similar
individuals. OPM does not believe any changes are needed in the
current definition of "family member" for family care
or bereavement purposes.
5. Miscellaneous Suggestions
On April 11, 1997, the
President issued a memorandum on "Expanded Family and
Medical Leave Policies," which asks Federal agencies to
assist employees further in meeting their work and family needs.
The President asked agencies to use currently available
administrative authorities to ensure that employees may schedule
and be granted up to 24 hours of leave without pay each year to
(1) participate in school activities directly related to the
educational advancement of a child; (2) accompany their children
to routine medical or dental appointments, such as annual check
ups and vaccinations; and (3) accompany their elderly relatives
to routine medical or dental appointments or other professional
services related to the care of the elderly relative, such as
making arrangements for housing, meals, telephones, banking
services, and other similar activities.
In addition, the President requested that agencies support
employees' requests to schedule paid time off--such as annual
leave, sick leave, compensatory time off, and credit hours under
flexible work schedules--for these family activities when these
options are available to an employee.
OPM's regulations in 5 CFR 630.403 currently provide agencies
authority to require medical certification or other evidence that
is administratively acceptable to the agency to verify an
employee's request for sick leave for family care or bereavement
purposes. In addition, 5 CFR 630.402 permits agencies to require
advance notification of leave for the purposes of receiving
medical, dental, or optical examination or treatment and, to the
extent possible, for other sick leave purposes authorized under
the Federal Employees Family Friendly Leave Act.
In response to numerous agency requests for information on the
Federal Government's family friendly leave policies and programs,
OPM has published a number of documents: an employee brochure on
"Family-Friendly Leave Policies for Federal Employees;"
three fact sheets on "Family-Friendly Leave Policies,"
"Sick Leave to Care For a Family Member," and
"Federal Employee Entitlements under the Family and Medical
Leave Act of 1993;" and "The Work and Family Kit."
These publications are available on OPM's electronic Bulletin
Board System. In addition, the employee brochure,
"Family-Friendly Leave Policies for Federal Employees,"
is available for purchase from the Government Printing Office
(LEAVE-95-1). In the near future, these publications will be
available on OPM's World Wide Web site at www.opm.gov.
Leave is not accrued under the Federal Employees Family Friendly
Leave Act. The Act permits employees to use their currently
accrued and accumulated sick leave for family care or bereavement
purposes. There is no statutory basis for permitting employees to
carry over any of the remaining 13 workdays of sick leave that
are unused to the following leave year. In addition, we believe
the annual limit of 13 workdays of sick leave to care for an ill
or injured family member or for bereavement purposes is an ample
amount of time for most employees to meet family medical needs
when viewed in the context of other available options and
entitlements. In addition to the 13 workdays of sick leave
available for family care or bereavement purposes, employees may
also use annual leave, donated annual leave under the Federal
leave sharing program, flexible work schedules, flexiplace,
unpaid leave under the Family and Medical Leave Act of 1993, and
compensatory time off.
V. Summary and
Recommendation
Federal agencies overwhelmingly support the Federal Employees
Family Friendly Leave Act and believe it should be made
permanent. The agencies found that the entitlements provided by
the Act had a very positive impact on employees, managers, and
the ability of the agency to accomplish its mission. Agencies
also believe the Act shows that the Federal Government recognizes
the importance of family responsibilities and is willing to help
employees who are faced with family medical situations.
Based on our review of the program established by the Federal
Employees Family Friendly Leave Act and the overwhelming support
expressed by agencies, the Office of Personnel Management
recommends that this program be made permanent.
APPENDIX 1
LIST OF AGENCIES | |
DEPARTMENTS: Agriculture Commerce Defense Education Energy Health and Human Services Housing and Urban Development Interior Justice Labor State Transportation Treasury Veterans Affairs |
AGENCIES: Administrative Office of the United States Courts American Battle Monuments Commission Commission on Civil Rights Commodity Futures Trading Commission Defense Nuclear Facilities Safety Board Executive Office of the President Export-Import Bank of the United States Farm Credit Administration Farm Credit System Insurance Corporation Federal Communications Commission Federal Deposit Insurance Corporation Federal Labor Relations Authority Federal Maritime Commission General Accounting Office General Services Administration Government Printing Office Holocaust Museum Inter-American Foundation Library of Congress National Aeronautics and Space Administration National Archives and Records Administration National Credit Union Administration National Endowment for the Arts National Endowment for the Humanities National Labor Relations Board National Science Foundation Nuclear Regulatory Commission Office of Government Ethics Office of Personnel Management Office of Special Counsel Overseas Private Investment Corporation Panama Canal Commission |
USE OF SICK LEAVE FOR FAMILY CARE AND BEREAVEMENT PURPOSES
1995 | |||
MALES | FEMALES | TOTAL | |
---|---|---|---|
Total number of employees who used sick leave for family care and bereavement purposes | 108,829 | 120,512 | 228,537 |
Perecentage of elegible employees who used sick leave for family care or bereavement purposes | 9.51% | 12.43% | 10.81% |
Average number of hours sick leave used for family care or bereavement purposes (among those who used sick leave for those purposes) | 26.35 | 20.46 | 23.34 |
Number of employees who used the maximum 13-day entitlement for family care or bereavement | 3,523 | 3,288 | 6,810 |
Percentage of employees using sick leave for family care or bereavement purposes who used maximum 13-day entitlement | 3.25% | 2.73% | 2.97% |
1996 | |||
MALES | FEMALES | TOTAL | |
---|---|---|---|
Total number of employees who used sick leave for family care and bereavement purposes | 153,728 | 181,155 | 335,201 |
Perecentage of elegible employees who used sick leave for family care or bereavement purposes | 13.30% | 21.08% | 17.04% |
Average number of hours sick leave used for family care or bereavement purposes (among those who used sick leave for those purposes) | 30.01 | 28.08 | 28.94 |
Number of employees who used the maximum 13-day entitlement for family care or bereavement | 5,067 | 5,153 | 10,221 |
Percentage of employees using sick leave for family care or bereavement purposes who used maximum 13-day entitlement | 3.30% | 2.84% | 3.05% |
See Appendix 1 for a list of the reporting agencies.
1. The average number of days of sick leave used in 1996 is a preliminary figure estimated from data provided by Executive branch agencies as part of the Annual Survey of Work Years and Personnel Costs for fiscal year 1996. This figure is subject to change as additional information is provided to OPM by the agencies.
3. The average number of day of annual leave used in 1996 is a preliminary figure estimated from data provided by Executive branch agencies as part of the Annual Survey of Work Years and Personnel Costs for fiscal year 1996. This figure is subject to change as additional information is provided to OPM by the agencies.
Page created 27 June 1997