Leave without pay (LWOP) is a temporary nonpay
status and absence from duty that, in most cases, is
granted at the employee's request. In most instances,
granting LWOP is a matter of supervisory discretion
and may be limited by agency internal policy. Employees, however, have an entitlement to LWOP
in
the following situations:
- The Family and
Medical Leave Act of 1993 (FMLA) (Public
Law 103-3, February 5, 1993), provides covered
employees with an entitlement to a total of up to 12
weeks of unpaid leave (LWOP) during any
12-month period for certain family and
medical needs. (See 5 CFR part 630, subpart L.)
- The Uniformed Services Employment and
Reemployment Rights Act of 1994 (Pub.L. 103-353)
provides employees with an entitlement to LWOP
when employment with an employer is
interrupted by a period of service in the
uniformed service. (See 5 CFR 353.106.)
- Executive Order 5396, July 17, 1930, provides
that disabled veterans are entitled to LWOP
for necessary medical treatment.
- Employees may not be in a pay status while
receiving workers' compensation payments from
the Department of Labor.
Employees should be aware that LWOP affects
their entitlement to or eligibility for certain Federal
benefits. See Effect of Extended Leave
without Pay (or other Nonpay Status) on
Federal Benefits and Programs.