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Leave
Leave is defined as:
Approved, authorized absence from duty during an employee’s regularly scheduled tour of duty
Leave Policy
Policy reference:
General Manual Title 360, Personnel,
Part 415 - Leave
General Provisions All leave is charged in 15-minute increments. Any leave in excess of three consecutive work days
must be requested on Form OPM-71, Request for Leave or Approved Absence.
Employees must obtain advanced authorization for absence from duty, whenever possible.
Where absence results from illness or emergency, employee (if incapacitated, another individual) must notify his/her supervisor or other appropriate person prior to the beginning of employee’s tour of duty.
If employee fails to properly notify his/her supervisor, that absence may be charged as an unauthorized absence (Absence Without Leave [AWOL]).
Supervisor Responsibilities
Schedule employee absences in order to: Maintain workforce necessary to accomplish mission Allow employees the flexibility to meet both work and
family needs Ensure that absences are charged to appropriate leave
category Ensure that employees understand the proper
procedures for requesting and using leave Maintain a thorough understanding of leave policies
and provisions Supervisor has authority to approve or deny any
type of leave based on workload and work requirements
Approving Leave
Supervisors should consider the following when approving leave usage: Mission
Workload Work requirements
Employees Impact on other employees’ workload Potential for forfeiting leave at year-end Morale
Approve/disapprove leave in the manner in which it was requested: Form OPM-71 E-mail response, etc.
Employee Responsibilities
Observe designated duty hours Be punctual in reporting for work and
returning from lunch Obtain advanced authorization for absence
from duty, whenever possible Correctly report all leave taken in
WebTCAS
Form
Form OPM-71, Request for Leave or Approved Absence, available online at:
http://www.ks.nrcs.usda.gov/intranet/forms/frequent.html
Employee submits request for leave and explains reason/purpose
Supervisor approves/disapproves leave requested
LeaveFamily Care
FMLA
Parenting
Holiday
AWOL
LWOP
Annual
Sick
Military
Home
Leave Transfer Program
Religious Purposes
Excused Absence
Court
Comp Time
Credit Leave
Click on hyperlink for additional information.
Form
Click HERE when completed.
Annual Leave
Accrual Rates
Requesting/ Using Leave
Advanced Leave
Ownership
Use or Lose
Balances
Restoration
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Sick Leave
GeneralFamily Care
Advanced
Family Medical Leave
Adoption
Serious FamilyHealth
Condition
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Excused Absences
Blood Donation
Organ Donation
Official Travel
Office Closure
Volunteer Activities
Examinations
Preventive Health
Funerals
Voting
Change of Duty Station
On-the-Job Injury
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Voluntary Leave Transfer Program
(VLTP)
Forms
Definitions
Required Documentation
Application Process
Supervisor Duties
Role of the Timekeeper
Role of the Donor
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End of Presentation
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Annual Leave
Provided to allow employees an annual vacation period for rest and recreation
May be used to conduct personal business which must be conducted during working hours
Accrues while employees are in pay status Use requires supervisor approval
Annual Leave Accrual Rates
Amount of annual leave earned is based on years of Service and type of employment
Full-Time EmployeeFull-Time EmployeeAppointment Exceeds 90 daysAppointment Exceeds 90 days
Length of Length of ServiceService
Hours Earned Hours Earned Per Payroll PeriodPer Payroll Period
<3<3 44
3 to 153 to 15 66
> 15> 15 88
Part-Time EmployeePart-Time EmployeeAppointment Exceeds 90 daysAppointment Exceeds 90 days
Length of Length of ServiceService
Hours Earned Per Hours Earned Per Payroll PeriodPayroll Period
<3<3 1 for each 20 1 for each 20 in a pay statusin a pay status
3 to 153 to 15 1 for each 13 1 for each 13 in a pay statusin a pay status
> 15> 15 1 for each 10 1 for each 10 in a pay statusin a pay status
Annual Leave Balances Generally, 240 hours is the maximum amount of
annual leave an employee may carry forward from one leave year to the next
Employees who have served in a foreign area may be able to carry 360 hours forward from one leave year to the next
Annual leave in excess of the maximum carryover is forfeited at the end of the leave year
A new leave year begins with the first full pay period in January
Separated employees are entitled to a lump sum payment for all “accumulated annual leave” to their credit at the time of separation
“Use or Lose” Annual Leave
Slang term for annual leave in excess of the maximum carryover that may be forfeited at the end of the leave year
Should be scheduled and requested prior to the last quarter of the leave year
Strange Questions & Answers
Instead of losing my “use or lose” leave, why can’t I cash it in?
The reason annual leave exists is so employees will take a break and get away from the work and worksite without suffering financially. Cashing in annual leave would simply increase an employee’s compensation; it doesn’t encourage rest and recreation. Those employees who need a vacation the most are usually the ones who recognize that fact the least.
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Restoration of Annual Leave Forfeited annual leave may only be restored in
cases of: Administrative error, Illness, or Exigency of public business
Restoration cannot be requested until forfeited after the end of the leave year
Restoration must be requested prior to April 1 of the new leave year
Leave must have been scheduled and approved in writing before the start of the third biweekly pay period prior to the end of the leave year
NOTE: Click on a topic for definition. Click on page for more information on restoration of annual leave.
Administrative Error
Employing agency determines what constitutes an administrative error
Usually, errors over which neither the employee or the supervisor has any control
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Illness
The employing agency determines:
If forfeited annual leave was due to an employee illness or injury that occurred late in the leave year, OR
If the absence was of such duration that the excess annual leave could not be rescheduled for use before the end of the leave year
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Exigency of Public Business
Employing agency determines that an exigency (i.e., an event that created an urgent need for employee to be at work) is of major importance and that “use or lose” annual leave previously approved will have to be cancelled
Employee’s use of earned compensatory time or credit hours does not constitute an exigency of public business
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Procedures for Requesting Restoration of Annual Leave
Employee submits request for restoration of annual leave to supervisor with supporting information
Supervisor recommends approval/disapproval
If supervisor recommends approval, request is forwarded to state conservationist (STC) for approval
Requires STC approval
Request for Restoration of Annual Leave
Employee’s request should include:
Leave ceiling and balance at the end of leave year Number of scheduled annual leave hours forfeited WebTCAS record showing time of illness, if applicable Written evidence (normally Form OPM-71) of the
scheduled and approved annual leave that was cancelled Copy of Agency’s declaration of exigency, if applicable Declaration of exigency of public business must:
Be dated Include beginning and ending dates Include a description of the emergency situation, AND Be signed by the state conservationist or other appropriate
authority
Restored Annual Leave
Restored annual leave is placed in a separate leave account, not added to the employee’s regular annual leave balance
Restored annual leave must be scheduled and used no later than the end of the leave year ending two years following: Date of restoration due to administrative error Date fixed as the ending date of the exigency of
public business, OR Date employee is determined to be recovered from
illness or injury
NOTE: Click to return to ANNUAL LEAVE menu.
Requesting/Using Annual Leave Leave may be used once the employee has
requested and received supervisor approval in advance
Supervisor should inform employees of the process to be followed when requesting leave of less than three consecutive days in order to avoid any potential leave abuse problems
When it is not possible to schedule leave in advance, the employee must request leave from his/her supervisor before the beginning of his/her tour of duty
Using Leave
Leave used is recorded in WebTCAS Document hours and type of leave taken Add comments as necessary to ensure a third
party will understand the reporting of time
Leave Approval Authority
The supervisor has the authority to approve/disapprove annual leave requests based on workload and work requirements to accomplish the Agency’s mission
An employee has a right to use annual leave, subject to the right of the supervisor to schedule the time at which annual leave may be taken
Using Leave - A Few Things To Remember
An employee cannot be:
Required to use annual leave Involuntarily placed on annual leave Penalized/disciplined by removing annual leave
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Advanced Annual Leave
Supervisor has authority to approve up to five days advanced leave for employees under their supervision Limited to the amount the employee will earn during
the remainder of the leave year or through the end of his/her appointment, whichever is less
Employee must request advanced annual leave in writing on Form OPM-71 and provide the reason for the request
Requests of more than five days advanced leave requires state conservationist approval
Advanced Annual Leave (continued)
Annual leave should not be advanced to an employee who: Has submitted a resignation Has applied for disability retirement Has received notice of separation, furlough, or reduction in force
Advanced leave does not carry over from one leave year to the next
The National Finance Center automatically converts advanced leave to leave without pay and deducts monies owed from the employee’s Pay Period 1 earnings
If an employee separates from Service, unearned advanced leave must be repaid to the government
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Ownership of Annual Leave
Major difference between annual leave and other types of leave
Employees “own” annual leave Annual leave is paid out in a lump sum upon
separation The employer “owns” other types of leave, such
as sick, holiday, administrative, etc. (no cash value to employee)
Ownership of Annual Leave(continued)
Employees may donate annual leave to other Federal employees through the Voluntary Leave Transfer Program
If employees do not plan and manage annual leave usage carefully throughout the year, it may result in forfeiture of “use or lose” annual leave at the end of the leave year
Strange Questions & Answers
If the employee “owns” annual leave, why does he/she have to get supervisor approval to use it?
Each employee is compensated for being available to work during his/her scheduled tour of duty. The supervisor is responsible for managing that time based on Agency mission and workload, including when the employee will not be at work or performing work-related duties.
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Absence Without Leave(AWOL)
UNAUTHORIZED absence Charged when an employee is gone from the
worksite without being on approved leave when he/she is otherwise scheduled or directed to report for duty
Basis for formal disciplinary action, including separation from Federal employment
Supervisor has authority to charge AWOL
Reasons to Charge AWOL
Employee on sick leave restriction fails to provide medical documentation to support his/her absence
Employee inaccurately reports time that he/she actually arrived at, or departed from work
Employee fails to request leave properly Employee fails to report for work after leave
request has been denied Employee leaves work without requesting leave
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Leave Without Pay (LWOP)
Temporary non-pay status and absence from duty Normally requested when an employee lacks sufficient
annual or sick leave to cover all, or a portion of, a requested period of absence
Supervisor must reasonably expect the employee will return at the expiration of the LWOP period
Supervisor has authority to approve up to five days LWOP
Requests for more than five days must be submitted to state conservationist for approval
Approved absence of 30 calendar days or more requires a Form SF-52, Request for Personnel Action, be sent to the Human Resources Staff documenting the approval
Leave Without Pay LWOP (continued)
An employee requesting LWOP is not required to exhaust all annual and/or sick leave to his/her credit before being granted LWOP
LWOP is an approved leave status and does not have a disciplinary connotation
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Leave for “Parenting” Purposes
Length of maternity leave is determined by the employee, her physician, and her supervisor
Appropriate leave use for maternity reasons: Sick leave for period of incapacitation due to
delivery and recuperation Advanced sick leave may be granted for period of
incapacitation due to delivery and recuperation LWOP may be substituted for sick or annual leave Employees may use annual, sick, or LWOP to
assist with or care for his/her minor children, or the mother of his/her newborn child while incapacitated for maternity reasons
Leave for Religious Purposes
Employee may elect to earn compensatory time (CT) in order to use CT to meet religious obligations
Employee must state in writing, the date and time being requested, along with a proposal for when the CT will be earned
Supervisors are encouraged to accommodate and approve such requests
Credit Hours
Hours worked in excess of basic work requirement at employee’s election under the flexi-tour work schedule
With supervisor approval, employees may earn a maximum of two credit hours on a scheduled workday
Full-time employees may carry a maximum of 24 credit hours from one pay period to another
Supervisor has authority to approve or deny employee’s request to use credit hours
Compensatory Time
Hours worked in excess of basic work requirement at supervisor’s direction
Must be used before employee may be granted annual leave, provided it will not result in the employee forfeiting accrued annual leave
Must be used within 26 pay periods from the pay period in which it was earned, or Paid to non-exempt employees Forfeited by exempt employees (as of May 26, 2007)
Home Leave
Employees assigned to duty locations outside the U.S. are eligible to earn home leave for each 12 months of Service abroad
Military Leave
Absence with full pay for certain types of active duty, active duty training, and inactive duty training
A member of the National Guard or Reserves is eligible to receive 15 days military leave each fiscal year and may carry 15 days over from the prior year
Granted to an eligible part-time employee on a prorated basis
Use must be supported by military orders directing the employee to report for duty
Excused Absence
Excused absence and administrative leave are interchangeable terms
Approved absence during regular tour of duty without loss of pay, and without charge to other types of leave
Reason must always reflect favorably upon the Natural Resources Conservation Service (NRCS), the U.S. Department of Agriculture (USDA), and the Federal government
No “automatic” entitlement to administrative leave
Qualification Examination
Administrative leave may be authorized when exam is required for: Current position A position the Agency has recommended the
employee be transferred, promoted, or reassigned to, OR
Professional licensure or certification which is considered advantageous to NRCS
Includes actual examination time Requires state conservationist approval
Court Leave
Authorized when employee is: Summoned to serve as a juror in a judicial proceeding Summoned as a witness in a judicial proceeding in which the
Federal, state, or local government is a party Does not include administrative proceedings (i.e., Equal
Employment Opportunity Commission [EEOC], Merit Systems Protection Board [MSPB], or arbitration
hearings)
NOTE: When summoned as a witness in an “official” capacity on behalf of the Federal government, the employee is on official duty.
Funeral Leave
Authorized for: Veterans actively participating in a funeral service
for military personnel whose remains are returned from overseas
Immediate relatives of military members who died as a result of serving in a combat zone
Amount of time is defined in General Manual Title 360, Part 415, Subpart A
Requires supervisor approval
Change of Official Duty Station
An employee relocates his/her primary residence in the interest of the Federal government
Employee may be authorized up to 80 hours for pre- and post-moving activities
Requires supervisor approval
Preventive Health
Time authorized for medical screening and prevention programs for employees with less than 80 hours accrued sick leave
Four hour maximum per leave year for eligible employees
Requires supervisor approval
Before/After Official Travel
Time before and/or after travel, when it is impractical to report for duty
Maximum of two hours Authorized by the supervisor
Time Off for Voting
Granted in limited circumstances Length of time authorized depends on
employee’s location and how long polls are open after regular work hours
Requires supervisor approval
On-the-Job Injury
Administrative leave is authorized for the remainder of the duty day when an employee is injured: Performing authorized duties During the regularly scheduled tour of duty, AND The employee seeks medical treatment
Bone Marrow and Organ Donation
Up to seven days per year may be authorized for bone marrow donation
Up to 30 days per year may be granted for organ donation
Detailed medical documentation must be provided to immediate supervisor
Annual and/or sick leave may be granted in conjunction with this excused absence
Requires supervisor approval
Blood Donation
Employees donating blood, for which there is no compensation, may be excused from work without charge to annual or sick leave
Amount of administrative leave authorized: Actual time required to make the donation Four hours for rest and recuperation after donation
Requires supervisor approval Employees who receive compensation for blood
donation during duty hours are required to take annual/sick leave
Volunteer Activities
Administrative leave may be granted for: Officially sanctioned volunteer activities Volunteer activities directly related to the NRCS
mission, OR Activities that may enhance the professional
development of an employee
Requires supervisor approval Requires second-level supervisor concurrence
Office Closure - Hazardous Weather or Other Safety Reasons
If situation occurs before work day begins Employee will be notified by supervisor as soon as possible No charge to annual leave (A/L), even if situation improves
during work day If situation develops during work day
No charge to A/L from actual dismissal time to end of work day Employee may request and be granted A/L between notice of
dismissal and actual dismissal time Employees on scheduled leave, not planning to return to work,
will be charged leave through the end of the work day If employee’s area of residence is affected, he/she may
be excused without charge to A/L Under severe weather conditions, tardiness
not-to-exceed two hours may be excused without charge to leave
Sick Leave
Approved absence when employee is unable to work due to illness, injury, or pregnancy and confinement
May be used for medical, dental, or optical exam or treatment
Full-time employees accrue four hours per pay period; part-time employees accrue prorated amount
Requires supervisor approval May require medical documentation
Sick Leave Usage
Leave for pre-arranged medical, dental, or optical exams or treatment should be requested in advance
If employee becomes ill while on annual leave, sick leave may be substituted for period of illness
Supervisor will determine if documentation provided is sufficient to authorize sick leave use
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Sick Leave for Adoption
Sick leave is appropriate for: Appointments with adoption agencies, social
workers, or attorneys Court proceedings Required travel for such purposes Activity necessary for the adoption to proceed
Advanced sick leave may be requested when the urgency of the situation requires the employee’s absence
Supervisor should request evidence of adoption-related activities
Advanced Sick Leave
Supervisor may advance five days sick leave, regardless of whether the employee has annual leave to his/her credit
State conservationist may advance up to 30 days, or 240 hours
Sick leave should not be advanced if employee: Is not expected to return to duty Has filed for disability retirement Has submitted a resignation or received notice of
separation, furlough, or RIF, OR Is on leave restriction
Family and Medical Leave Act (FMLA)
Most employees are entitled up to a total of 12 workweeks of UNPAID leave during any 12-month period for the following purposes:
Birth and care of a son or daughter Placement of child for adoption or foster care Care of spouse, child, or parent with a serious health
condition or medical emergency, OR Serious health condition or medical emergency of the
employee that restricts ability to perform the essential functions of his/her position
Use of Leave Under FMLA (FMLA)
Leave requested under the FMLA may be used intermittently
Employees may elect to substitute annual leave and/or sick leave for the unpaid leave, consistent with current policy
FMLA Election (FMLA)
Employees must invoke the use of leave under the FMLA on Form OPM-71, in advance
Supporting medical documentation is required Employees cannot be required to use accrued
leave, rather than LWOP
Reporting FMLA Use (FMLA)
Timekeeper will: Record hours used in WebTCAS Make appropriate notation in the “Remarks” section
of the employee’s WebTCAS record Maintain employee file containing all FMLA-related
documents Notify employee and supervisor when the 12-week
limit is near Supervisor will:
Grant employee the leave to which he/she is entitled Ensure receipt of proper medical certification
Family Member Definition (FMLA)
The following are considered family members under the FMLA: Son or daughter who is biological, adopted, stepchild,
or legal ward Spouse, husband, or wife by legal union, including
common law marriages between a man and a woman, where legal
Child who is given 24-hour foster care by, or with an agreement with the state of residence
Biological parent or an individual who substituted as a parent to the employee when the employee was a child
Does not include in-laws
Serious Health Condition (FMLA)
An illness, injury, surgery, impairment, or physical or mental condition that involves: Inpatient care in a hospital, hospice, or residence
care facility Continuing outpatient therapy or treatment by a
licensed or certified health care provider A reasonable recovery period Continuing medical evaluations or examinations
Does NOT cover short-term conditions for which treatment and recovery are brief; these conditions are covered by normal sick leave policies
FMLA Protection (FMLA)
Job benefits and protection: Upon return from FMLA leave, an employee must be
returned to: The same position, or To an “equivalent position with equivalent benefits, pay,
status, and other terms and conditions of employment”
An employee who invokes FMLA is entitled to maintain health benefits coverage
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Family Care or Bereavement
Formerly called “Family Friendly Leave” Limited use of sick leave to:
Provide care for a family member incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth
Accompany family member to medical, dental, or optical examinations
Make arrangements necessitated by the death of a family member or to attend the funeral of a family member
Family Care or Bereavement
Full-time employees may use up to 104 hours (13 days) sick leave per leave year for general family care or bereavement purposes
Office of Personnel Management removed the requirement of maintaining an 80-hour sick leave balance 9/18/2006
Employees should request this leave in advance, when possible, and record time used appropriately in WebTCAS
Requires supervisor approval
Family Member Definition
The use of sick leave for general family care or bereavement of a family member is appropriate for:
Spouse and his/her parents Children, including adopted children, and their
spouses Parents Brothers and sisters, and their spouses, AND Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family relationship
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Sick Leave to Care for a Family Member with a Serious Health Condition
Employee with an adequate sick leave balance may use up to 12 weeks (480 hours) of sick leave each leave year to care for a family member with a “serious health condition”
Any portion of the 13 days sick leave used for general family care or bereavement purposes in a leave year must be subtracted from this 12-week entitlement
“Serious Health Condition” Definition
Includes such conditions as cancer, heart attacks, strokes, severe injuries, Alzheimer’s disease, complications due to pregnancy and/or childbirth, etc.
The term is not intended to cover short-term conditions for which treatment and recovery are very brief (e.g., colds, flu, etc.)
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Voluntary Leave Transfer Program (VLTP)
Allows Federal employees who have exhausted their annual and sick leave balances to accept leave donations from other Federal employees
Allows Federal employees to donate annual leave to another Federal employee who has a personal or family medical emergency, and who has exhausted all of his/her own annual and sick leave accruals
Terms as Defined in the Voluntary Leave Transfer Program
Family Member Medical Emergency Leave Donor Leave Recipient Leave Transfer Coordinator Serious Health Condition
NOTE: Click on a topic for definition. Press the “ESC” key to return to the previous menu.
Family Member Definition(VLTP)
Family members include: Spouse and his/her parents Children, including adopted children, and spouses Parents Brothers and sisters, and spouses, AND Any individual related by blood or affinity whose
close association with the employee is the equivalent of a family relationship
NOTE: Click to return for more terms
Medical Emergency(VLTP)
Illness, injury, surgery, impairment, or physical or mental condition of an employee or employee’s family member
Likely to require the employee’s absence from duty for a prolonged period of time, AND
Results in an substantial loss of income (at least 24 hours for a full-time employee) due to the absence of accrued sick or annual leave
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Leave Donor(VLTP)
Leave-earning employee willing to donate earned annual leave to an approved leave recipient
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Leave Recipient(VLTP)
Eligibility requirements: Must be in a leave-earning category Experiencing serious health condition or medical
emergency of a personal nature, or that of a family member
Absence would result in an unpaid status of at least 24 hours for a full-time employee
All earned annual and sick leave balances have been exhausted
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Leave Transfer Coordinator(VLTP)
Human Resources Staff member usually administers the VLTP
For Kansas, the staff professional is:
Debbie Kaiden, (785) 823-4511
Email: [email protected]
NOTE: Click to return for more terms
“Serious Health Condition”(VLTP)
Includes such conditions as cancer, heart attacks, strokes, severe injuries, Alzheimer’s disease, complications due to pregnancy and/or childbirth, etc.
The term is not intended to cover short-term conditions for which treatment and recovery are very brief (e.g., colds, flu, etc.)
Covers employee and eligible family members
NOTE: Click to return for more terms
Application Forms(VLTP)
Form AD-1043, Donor Application Form AD-1046, Recipient Application
Available at: http://www.ks.nrcs.usda.gov/intranet/forms/frequent.html
Medical Documentation(VLTP)
Must be on physician’s or medical facility letterhead
Must state beginning and anticipated ending date of medical emergency
Must include diagnoses/prognosis Signed and dated by medical practitioner
Recipient Application Procedures(VLTP)
Employee, or designee, must complete Form AD-1046, Recipient Application
Obtain supporting medical documentation from physician
Submit Form AD-1046, along with supporting documentation, to supervisor for concurrence and approval to become a leave recipient
Supervisor’s Responsibility(VLTP)
Verify that supporting medical documentation is sufficient to approve recipient application (Form AD-1046)
Forward Form AD-1046 along with supporting medical documentation to the leave transfer coordinator for processing
Monitor use of donated leave Consult with Human Resources Staff if the
validity of request is in question
Timekeeper’s Responsibility(VLTP)
Make appropriate leave adjustments to recipient’s WebTCAS record
Maintain “set-aside” record of recipient’s own leave accruals (limited to 40 hours of annual leave and 40 hours of sick leave while in the program)
Recredit set-aside accruals to recipient when medical emergency ends, or all donated leave is exhausted
Role of Donor(VLTP)
Select an approved leave recipient listed on the my.NRCS Web site
Complete Form AD-1043, Donor Application Forward Form AD-1043 to human resources
for certification of current annual leave balance
Limitations on Donating Leave (VLTP)
Donor may donate annual leave: In one hour increments Up to one half the leave he/she will earn in a leave
year, OR Up to the number of work hours remaining in a leave
year
Employee may not donate leave to his/her supervisor
Strange Questions & Answers
Does NRCS have a leave bank?
No. Agencies may either permit employees to donate leave to a specific employee, OR they may establish a leave bank to which employees may donate leave. The “manager” of the leave bank determines how many hours are donated to whom.
NRCS has chosen to support employees by allowing donation of leave to specific individuals without a “leave manager” being involved.
Sick Leave to Care for a Family Member with a Serious Health Condition
Employees with an adequate sick leave balance may use a total of 12 weeks (480 hours) sick leave each leave year to care for a family member with a “serious health condition”
Any portion of the 13-days sick leave used for general family care or bereavement purposes in a leave year must be subtracted from this 12-week entitlement
“Serious Health Condition” Definition
Includes such conditions as cancer, heart attacks, strokes, severe injuries, Alzheimer’s disease, complications due to pregnancy and/or childbirth, etc.
The term is not intended to cover short-term conditions for which treatment and recovery are very brief (e.g., colds, flu, etc.)
Voluntary Leave Transfer Program (VLTP)
Allows Federal employees to donate annual leave to another federal employee who has a personal or family medical emergency, and who has exhausted all of his/her own sick and annual leave
Strange Questions & Answers
Does NRCS have a leave bank?
No. Agencies may either permit employees to donate leave to a specific employee, OR they may establish a leave bank to which employees may donate leave. The “manager” of the leave bank determines how many hours are donated to whom.
NRCS has chosen to support individuals by allowing the donation of leave to specific employees without a “leave manager” being involved.
Definitions
Family Member Medical Emergency Leave Donor Leave Recipient Leave Transfer Coordinator
Family Care or Bereavement
Formerly called “Family Friendly Leave” Limited use of sick leave to:
Provide care for a family member incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth
Accompany family member to medical, dental, or optical examination
Make arrangements necessitated by the death of a family member or attend the funeral of a family member
Family Care or Bereavement
Limited amount: Full-time employee may use up to 104 hours (13 days) of sick leave per leave year Pro-rated amount for part-time employees
Employees will request sick leave in advance, when possible, and record time used appropriately in WebTCAS
Family Member Definition
Family members include: Spouse and his/her parents Children, including adopted children, and spouses Parents Brothers and sisters, and their spouses, AND Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family relationship
Sick Leave to Care for a Family Member with a Serious Health Condition
Employee with an adequate sick leave balance may use 12 weeks (480 hours) sick leave each leave year to care for a family member with a “serious health condition”
Any portion of the 13-days sick leave used for general family care or bereavement purposes in a leave year must be subtracted from this 12-week entitlement
“Serious Health Condition” Definition
Includes such conditions as cancer, heart attacks, strokes, severe injuries, Alzheimer’s disease, complications due to pregnancy and/or childbirth, etc.
The term is not intended to cover short-term conditions for which treatment and recovery are very brief (e.g., colds, flu, etc.)
Family and Medical Leave Act (FMLA)
Most employees are entitled to a total of up to 12 workweeks of UNPAID leave during any 12-month period for the following purposes: Birth and care of a son or daughter Adoption or foster care Care of spouse, child, or parent who has a serious
health condition or medical emergency, OR Serious health condition or medical emergency of the
employee that restricts ability to perform the essential functions of his/her position
May be used intermittently
FMLA Use
Employee may elect to substitute annual leave and/or sick leave, consistent with current laws, for any unpaid leave under the FMLA
Supervisor cannot require employees to use accrued annual or sick leave accruals, rather than LWOP
May be used intermittently
Procedures for Requesting FMLA
Employees must invoke FMLA on Form OPM-71 in advance, when possible
Supporting medical documentation is required and must be submitted with leave request
FMLA (continued)
Timekeeper will: Ensure the number of FMLA hours used during the
current pay period are recorded properly and noted in the “Remarks” section of the employee’s WebTCAS record
Maintain an employee file containing all FMLA-related documents
Notify the employee and supervisor when the 12-week limit is near
Supervisor will: Grant qualified employee their entitlement to family
and medical leave Ensure receipt of proper medical certification
FMLAFamily Member Definition
The following are considered family members under the FMLA: Son or daughter who is biological, adopted, stepchild,
or legal ward Spouse, husband, or wife by legal union, including
common law marriages between a man and a woman, where legal
Child who is given 24-hour foster care by, or with an agreement with, the state of residence
Parent who is a biological parent or an individual who substituted as a parent to the employee when the employee was a child.
Does not include in-laws
FMLASerious Health Condition
An illness, injury, surgery, impairment, or physical or mental condition that involves: Inpatient care in a hospital, hospice, or resident care
facility Continuing outpatient therapy or treatment by a
licensed or certified health care provider A health patient recovery period Continuing medical evaluations or examinations
Does NOT cover short-term conditions for which treatment and recovery are brief; these conditions are covered by normal annual and sick leave policies
FMLA Protection
Job benefits and protection: Upon return from FMLA leave, an employee
must be returned to: The same position, OR To an “equivalent position with equivalent benefits,
pay, status, and other terms and conditions of employment”
An employee who invokes FMLA is entitled to maintain health benefits coverage
Holiday Leave USDA approved holidays:
New Year’s Day, January 1st Martin Luther King’s birthday, 3rd Monday in January President’s Day, 3rd Monday in February Memorial Day, last Monday in May Independence Day, July 4th Labor Day, 1st Monday in September Columbus Day, 2nd Monday in October Veteran’s Day, November 11th
Thanksgiving Day, 4th Thursday in November Christmas Day, December 25th
Inauguration Day (D.C. metropolitan area only)
Holiday Leave (continued)
Holidays occurring on Sunday will be observed on Monday
Holidays occurring on Saturday will be observed on Friday
A full-time employee who is prevented from working on a holiday is entitled to an “in lieu of” holiday
A part-time employee is entitled to the corresponding hours of his/her tour, if scheduled to work on the holiday
Part-time employees are not entitled to an “in lieu of” holiday if holiday falls on a non-workday
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