DEPARTMENT OF THE ARMY
ABSENCE AND LEAVE
Issue of supplements to this regulation is prohibited, unless specifically approved by HQ, USASC&FG.
FIGURES 2-5 REQUESTS FOR FAMILY FRIENDLY LEAVE
B - FAMILY AND MEDICAL LEAVE
*This regulation supersedes USASC&FG Regulation 690-21, 26 March 1992, w/Change 1, 28 Jul 93 and Change 2, 24 Mar 94, and Memorandum, ATZH-HRC-S, 1 Feb 95, subject: Letter of Instruction - Federal Employee Family Friendly Leave Act and Leave Changes.
USASC&FG Reg 690-21
1. PURPOSE. The purpose of this regulation is to set forth policies, procedures, and responsibilities concerning the accrual, usage, and control of leave. These instructions are published to advise military and civilian personnel of the regulatory and procedural requirements applicable to the accrual of leave, and to granting, charging, and approving leave for civilian employees. Back
2. POLICY. It is the policy to ensure uniform administration of leave for all civilian employees serviced by the Civilian Personnel Division (CPD) this installation, in accordance with (IAW) existing regulations and labor-management agreements. Back
a. Part 630, Title 5, Code of Federal regulation.
b. AR 215-3, Nonappropriated Funds and Related Activities Personnel Policies and Procedures.
c. USASC&FG Reg 350-5.
d. USASC&FG Reg 690-18.
a. Adoption. A legal process in which an individual becomes the legal parent of another's child. The source of an adopted child is not a factor in determining the eligibility for leave under the Family Medical Leave Act nor under the Family Friendly Leave Act.
b. Alternative position. A position in the same commuting area that provides:
(1) An equivalent grade or pay level, including any applicable interim geographic adjustment, special rate of pay for law enforcement officers, or special pay adjustment for law enforcement officers under the Federal Employees' Pay Comparability Act of 1990; any applicable locality-based comparability payment; or any applicable special salary rate;
(2) The same type of appointment, work schedule, status, and tenure; and
(3) The same employment benefits made available to the employee in
his or her previous position (e.g., life insurance, health benefits,
retirement coverage, and leave accrual).
c. Approving official.
(1) Regular Annual and Sick Leave (including leave under the Family Friendly Leave Act). First line supervisor.
(2) Leave Under the Family and Medical Leave Act. Commanders, directors and heads of personal/special staff sections.
(3) Exigency of Public Business. Commanders, directors and heads of special/personal staff sections, except when one of these officials or someone for whom they are the leave approving official will be affected; then it is the Garrison Commander.
(4) Carry over of Excess Annual Leave. Same as paragraph 4c(3).
(5) Group Dismissal and Excuse for Employment Organization Representative. Director of Human Resources.
(6) Excused Absence. First line supervisor, except as noted in paragraph 4c(5).
d. Commander. A commander with special court martial authority.
e. Continuous treatment by a health care provider. A situation in which an employee or an employee's spouse, son, daughter, or parent:
(1) Is treated two or more times for an illness or injury;
(2) Is treated on at least one occasion which results in a regimen of continuing treatment, e.g., a course of medication or therapy to resolve the health condition; or
(3) Is under the continuous supervision of the health care provider, but may not necessarily be actively under treatment due to the serious long-term or chronic condition or disability which cannot be cured, e.g., Alzheimer's disease, severe stroke, or terminal stages of a disease. Back
f. Equivalent position. A position in the same commuting area and carries or provides at a minimum:
(1) The same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority;
(2) An equivalent grade or pay level, including any applicable interim geographic adjustment, special rate of pay for law enforcement officers, or special pay adjustment for law
USASC&FG Reg 690-21
enforcement officers under the Federal Employees' Pay Comparability Act; any applicable locality-based comparability payment; or any applicable special salary rate.
(3) The same type of appointment, work schedule, status, and tenure;
(4) The same employment benefits made available to the employee in his or her previous position (e.g., life insurance, health benefits, retirement coverage, and leave accrual);
(5) The same or equivalent opportunity for a within-grade increase, merit pay increase, performance award, incentive award, or other similar discretionary and non-discretionary payments consistent with applicable laws and regulations;
(6) The same or equivalent opportunity for premium pay consistent with applicable laws and regulations, and
(7) The same or equivalent opportunity for training or education benefits consistent with applicable laws and regulations, including any training that an employee may be required to complete to qualify for his or her previous position. Back
g. Essential functions. The fundamental duties of the employee's position.
h. Family Friendly Leave (FFL). An employee's entitlement to use sick leave to care for ill family members, make arrangements for and attend funerals of family members, in conjunction with adoption, etc., as prescribed in this regulation.
i. Family and Medical Leave (FML). An employee's entitlement to 12 workweeks of unpaid leave for certain family and medical needs as prescribed in this regulation. Back
j. Family Member.
(1) Spouse, and parents thereof;
(2) Children, including adopted children and spouses thereof;
(4) Brothers and sisters, and spouses thereof; and
(5) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family member.
USASC&FG Reg 690-21 Back
k. Foster care. Twenty-four hour care for children in substitution for, and away from their parents or guardian. It is made with an agreement with the state and the foster family. It may result from a voluntary agreement by the parent or guardian or pursuant to a judicial determination. Back
l. Health care provider.
(1) A licensed Doctor of Medicine or Doctor of Osteopathy or a physician who is serving on active duty in the uniformed services and is designated by the uniform service to conduct examinations.
(2) A person providing health care services who is not a medical doctor, but who is certified by a national organization and licensed by a state to provide the service in question.
(3) A Christian Science practitioner listed with the First Church of Christ, Scientist, in Boston, Massachusetts.
m. In loco parentis. An individual who has day-to-day responsibility for the care and financial support of a child, or in the case of an employee, who had such responsibility for the employee when he/she was a child. A biological or legal relationship is not necessary. Back
n. Intermittent leave. Leave taken in separate blocks of time rather than for one continuous period, and may include leave period of less than one hour to several weeks. Example of intermittent leave would include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of six months, such as for chemotherapy.
o. Irregular or occasional overtime work. Overtime work that is not part of an employee's regularly scheduled administrative workweek.
p. Leave without pay (LWOP). An absence from duty in a nonpay status. Leave without pay may be taken only for those hours of duty comprising an employee's basic work week. Back
q. Parent. A biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents "in-law."
r. Regular overtime work. Overtime work that is part of an employee's regularly scheduled administrative workweek. Back
s. Reduced leave schedule. A work schedule under which the usual number of hours of regularly scheduled work per workday or workweek of an employee is reduced. The number of hours by which the daily or weekly tour of duty is reduced are counted as leave for FML purposes. Such a reduction might occur, for example, where an employee, with the approving official's agreement, works part-time after the birth of a child; or because an employee who is recovering from a serious illness is not strong enough to work full-time. Back
t. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves:
(1) Any period of incapacity or treatment in connection to inpatient care (i.e., an overnight stay) in a hospital, hospice, or a residential medical care facility;
(2) Any period of incapacity requiring absence from work, school, or other regular daily activities of more than 3 calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or
(3) Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than 3 calendar days; or for prenatal care. Back
u. Son or daughter. A biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis who is:
(1) Under 18 years of age; or
(2) Eighteen years or older and is incapable of self-care because of mental or physical disability. Back
v. Spouse. A husband or wife, as defined and recognized under state law for purposes of marriage, including common law marriage in states where it is recognized.
w. Title I employees.
(1) An employee of the government of the District of Columbia;
(2) An employee serving under an intermittent appointment or a temporary appointment with a time limitation of one year or less (including a Nonappropriated Fund (NAF) Flexible employee). All references to "intermittent" or "temporary" will be interpreted to include the NAF Flexible category; or
(3) A part-time employee who does not have an established tour of
5. APPLICABILITY. This regulation applies to all appropriated fund employees who are serviced by the Directorate of Human Resources. The Family Friendly Leave Act and the Family
USASC&FG Reg 690-21
and Medical Leave Act provisions also apply to all Nonappropriated Fund employees serviced by the Directorate of Human Resources. Back
a. Commanders, directors, and heads of personal /special staff offices.
(1) When appropriate IAW paragraph 8 of this regulation, approve exigencies of public business in cases where employees request carry over of "use or lose" annual leave into the following year.
(2) Approve leave requested under the Family and Medical Leave Act (Appendix B).
b. Directorate of Human Resources.
(1) Provides advice and assistance to supervisors and employees concerning matters relating to leave policies, laws, and regulations.
(2) Determines and records creditable service to establish leave accrual category for all employees.
(3) Interprets and applies regulations and provisions of labor-management agreement in this area.
(4) Orients new employees prior to entrance on duty of the general provisions and requirements of the leave program.
(5) Reviews leave administration practices to ensure reasonable, equitable, and proper application of leave regulations and/or labor-management agreement as pertains to individual activity policies.
(6) Acts as approving authority for types of leave discussed in paragraph 15b(15) and paragraph 15b(18).
(7) Maintains required records and submit required reports.
c. Operating Officials and Supervisors.
(1) Orient all employees of the provisions and requirements of this policy and the applicability of current labor-management agreement, ensuring that there is a mutual understanding between the employee and the appropriate supervisor concerning the proper use of all types of leave to which entitled.
(2) Ensure proper delegation of leave authority to lowest practicable level of supervision.
(3) Approve leave except for the type discussed in paragraphs 15b(15), 15b(18) and Appendix B. Advise each employee of the location, name of individual, and telephone number to contact in requesting leave.
(4) Schedule leave to avoid forfeiture by employees, except in rare and unusual cases. Prepare vacation schedules as early in the leave year as possible to assure reduction of individual leave accounts. Requests for vacation (annual leave) should be approved as submitted unless disruption of work or conflict with applicable labor-management agreements will result. Scheduling of annual leave must be carefully planned and documented in writing to avoid forfeiture of annual leave accrual. Supervisors will exercise extreme care in planning annual leave programs to ensure maintenance of an adequate work force at all times, especially during the last months of the calendar year.
(5) Announce any planned interruption or suspension of operations to employees as far in advance as practicable. If it becomes necessary to release employees from their normal duties, they shall be excused for the balance of the shift without loss of pay or charge to leave. If the interruption or suspension continues beyond 1 workday, and other assignments are not possible, the employees will be granted annual leave up to the amount accrued by the employee. If the employee has insufficient annual leave to convert the period, the employee will be placed on leave without pay (LWOP). However, upon the written request of any employee, the employer will advance annual leave in an amount that can be earned by the end of the current leave year IAW applicable regulations. Such action must be taken without discrimination based on factors applied uniformly to all concerned.
(6) Continually review the use of sick leave on an individual basis for the purpose of taking positive action to reduce abuse of the sick leave privilege.
(7) Secure from employees documentary proof of reasons for all leave and/or absences, as required.
(8) Require employees to notify supervisor or designated
representative as soon as possible and normally not later than 2 hours
after the scheduled time for reporting to duty for any unscheduled
absence or tardiness, on a scheduled workday due to sickness or
emergencies. Employees who work in an area having a 24-hour operation,
or who service patients/customers through scheduled appointments, will
normally notify their supervisor or designated representative not later
than 1 hour, if possible, prior to their scheduled time for reporting
a. The minimum charge for leave is 1 hour, and additional charges are in multiples thereof. If an employee is unavoidably or necessarily absent or tardy for less than 1 hour, management, for adequate reasons, may excuse him/her without charge to leave.
b. Provisions of the labor-management agreements between the Commanding General, Fort Gordon and local employee unions will be adhered to and will be mandatory for employees in the
bargaining unit covered by the agreement. Applicable regulations of higher authority, i.e., Department of Defense (DoD), Office of Personnel Management (OPM), Comptroller General, etc., will take precedence over local labor-management agreements.
c. The authority for approving, denying, and canceling leave should be delegated to the lowest practicable supervisory level; however, no implementing directives or statements of policy, written or oral, relating to leave regulations and not consistent with this plan or applicable labor agreement, will be issued. Back
d. Annual leave will be granted freely to employees for personal or emergency purposes except when workload or other conditions require their presence for duty. Sick leave will be granted whenever the circumstances warrant its use. Other types of leave will be granted based on the provisions of the appropriate paragraph.
e. Leave may be requested verbally or in writing; e.g., Standard Form (SF) 71 (Application for Leave) or memorandum. Back
(1) Annual leave forfeited due to illness or exigency of public business must be requested and approved in writing to be subject to restoration. It is recommended that annual leave requests, approvals, and denials be made in writing, except in emergency situations.
(2) Leave requested under the Federal Employee Family Friendly Leave Act will be requested in writing using SF 71 (See para 9c(2)).
f. An employee may be advanced, at the beginning of the leave year or at any time thereafter, such annual leave as he/she may be expected to accrue during the leave year. Sick leave may also be advanced when required by the exigencies of the situation, in cases of serious disability or ailment, not to exceed an amount which would cause a deficit in excess of 30 days (240 hours). Approval of requests for advance leave is at the discretion of the supervisor . However, an employee may not be advanced either annual leave or sick leave when it is known (or reasonably expected) that the employee will not return to duty, (e.g., when the employee has applied for disability retirement). An employee does not have a vested right to advance leave, regardless of the circumstances. Before granting advance leave, it is recommended that the approving authority consider such matters as the expectation of return to duty, the need for the employee's services, the benefits in retaining the employee, and the fact that, if the employee separates because of disability or illness (retirement or resignation), there is no authority to require repayment of the amount paid to the employee for advance leave. Back
g. In some instances, approval of leave requests is mandated by statutes, executive orders, or negotiated agreements. Except as noted below, approval of leave requests is discretionary.
(1) Treatment for Disabled Veterans. Executive Order 5396, 17 July 1930, requires that such annual leave, sick leave, or leave without pay (LWOP) as is necessary for medical treatment
of a disabled veteran shall be granted upon the employee's request and presentation of an official statement from a medical authority. The granting of sick leave is contingent upon the veteran's giving prior notice of definite days/hours of absence required for medical treatment in order that arrangements can be made for carrying on the work during his/her absence. The requirement to grant leave under this provision also includes medical examinations and absences from duty in connection with the disability.
(2) Military Service. An employee who is a member of a Reserve component or of the National Guard (other than an intermittent employee or a temporary employee appointed for less than 1 year) shall, upon request, be granted military leave to which he/she is entitled for performance of active duty or active duty for training. If a full-time or part-time employee (other than a temporary appointee) who is a reservist or national guardsman is not entitled to, does not request, or has exhausted his or her military leave, he or she shall be granted annual leave or LWOP, as requested, for performance of active or inactive duty. An employee who is to continue on active duty for more than 3 months will normally be separated after he/she has exhausted any military leave entitlements if the employee will be eligible for restoration. A temporary employee appointed for 1 year or less may be granted annual leave or LWOP for active duty or inactive duty for training. Back
(3) Pending Retirement. To reduce the number of nonproductive hours of leave that an employee may use after the installation has made a preliminary determination that the employee meets requirements for disability retirement and OPM is processing the employee's application, the employee will be retained in a work status to the extent that the employee is able to render useful and efficient service. The employee may be temporarily assigned to limited duties or detailed to another position. If the employee submits evidence acceptable to the agency that supports that he/she is incapacitated for performance of the duties of his/her position, or if the employee applies for discontinued service retirement while incapacitated due to illness or injury, the employee will be granted such unused sick leave as he/she requests for the period which he/she remains incapacitated. Otherwise, sick leave to the credit of an employee who retires on an immediate annuity will be credited in the computation of his/her annuity. Back
USASC&FG Reg 690-21
(4) Other Illness, Injury, or Pregnancy. An employee is entitled to use accrued and accumulated sick leave whenever he/she is incapacitated by illness, injury, or pregnancy; when he/she is receiving emergency medical, dental, or optical examination/treatment; or when the health of others would be jeopardized because of the employee's exposure to a contagious disease. Back
(5) Aids for Handicapped Employees. A handicapped employee who depends on an aid, mechanical or otherwise, to perform normal work is incapacitated without the aid. A seeing-eye dog, a wheelchair, or any prosthetic device may be considered an extension of the person and sick leave may be granted for such purposes as training, replacement, or repair as appropriate under the same conditions as any other incapacitation. Determining the nature of evidence required to decide whether the employee is incapacitated for work or whether the requirements are of an emergency nature is within the discretion of the agency. Back
8. ANNUAL LEAVE. (For guidance on the Leave Transfer Program, see United States Army Signal Center and Fort Gordon (USASC&FG) Regulation 690-18.)
a. Two General Purposes.
(1) To allow every employee an annual vacation period of extended leave for rest and recreation of not less than one week.
(2) To provide periods of time off for personal and emergency purposes.
b. Earning Rates and Creditable Service.
(1) Leave accrual is credited for each full biweekly pay period. An employee is deemed employed for a full biweekly pay period if he/she is employed during the days within that period, exclusive of holidays and nonworkdays established by federal statute, executive order, or administrative order, which fall within his/her basic administrative workweek. Permanent and temporary employees accrue annual leave based upon the total number of years of creditable civilian service with the Federal Government and/or active duty with the military forces, terminated by honorable discharge, according to the following graduated system. Back
(a) Category 0. An employee whose appointment is limited to less than 90 days, employee is ineligible to accrue annual leave until after being employed for a continuous period of 90 days under successive appointments without a break in service.
(b) Category 4. Employees with less than 3 years of creditable service.
USASC&FG Reg 690-21
1 Regular (full-time) employees accrue 4 hours for each full biweekly pay period.
2 Standby employees (firefighters) accrue 7 hours for each 25 full biweekly periods and 12 hours for the last full pay period in the calendar year.
3 Part-time employees accrue 1 hour for each 20 hours in a pay status (not to exceed 80 hours of duty in a biweekly pay period). Back
(c) Category 6. Employees with 3 but less than 15 years of creditable service.
1 Regular (full-time) employees accrue 6 hours for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is 10 hours.
2 Standby employees (firefighters) accrue 11 hours for each 25 full biweekly periods and 13 hours for the last full pay period in the calendar year.
3 Part-time employees accrue 1 hour for each 13 hours in a pay status (not to exceed 80 hours of duty in a biweekly pay period). Back
(d) Category 8. Employees with 15 or more years of creditable service.
1 Regular (full-time) employees accrue 8 hours for each full biweekly pay period.
2 Standby employees (firefighters) accrue 14 hours for each 25 full biweekly periods and 24 hours for the last full pay period in the calendar year.
3 Part-time employees accrue 1 hour for each 10 hours in a pay status (not to exceed 80 hours of duty in a biweekly pay period). Back
(2) Retired military receive credit for leave accrual purposes if:
(a) His/her retirement was based on disability --
1 Resulting from injury or disease received in line of duty as a direct result of armed conflict; or
2 Caused by an instrumentality of war and incurred in line of duty during a period of war as defined by Sections 101 and 301 of Title 38;
(b) That service was performed in the Armed Forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(c) On 30 November 1964, he/she was employed by Civil Service and
thereafter he/she continued to be so employed without a break in service
of more than 30 days.
(3) Part-time (intermittent) employees for whom a regular tour of duty during each administrative workweek has not been established in advance; and temporary employees engaged in construction work at hourly rates (commonly known as construction category employees) are excluded from annual leave benefits.
(4) When an employee is restored to an agency as a result of an
appeal, the agency shall reestablish his/her leave account as a credit
or charge as it was at the time of separation.
c. Granting Annual Leave.
(1) Annual leave will be approved and scheduled by the supervisor to the extent permitted by local work conditions. The taking of annual leave is the right of the employee subject to the right of the supervisor concerned to approve and fix the time at which leave may be taken.
(2) Request for unscheduled annual leave will be made to the employee's supervisor or designee, normally in advance, and will be considered on an individual basis.
(a) Request for approval of annual leave, except in emergencies, will be in advance. The employee will either complete an SF 71, or preferably, initial his/her Time and Attendance Report before going on leave.
(b) Any employee who has annual leave to his/her credit and who is eligible to use such leave may apply for annual leave on any workday that falls on a religious holiday associated with the religious faith of the employee. Leave for such purpose will be approved unless granting it would require the payment of overtime or would adversely affect the mission or the operation of the organization to which the employee is assigned.
(c) Request for annual leave for emergency reasons will be considered on an individual basis and granted when conditions warrant. The employee is responsible for notifying his/her immediate supervisor or designated representative of a request for emergency leave as soon as possible and normally not later than 2 hours after the start of his/her work shift. Employees who work in an area who service patients/customers through scheduled appointments, will normally notify their supervisor or designated representative not later than 1 hour prior to their scheduled time for reporting for duty. The employee will state the reason for the request and the approximate time he/she anticipates being absent from work. Back
d. Advancing Annual Leave.
USASC&FG Reg 690-21
(1) An employee subject to the leave law may be granted annual leave in advance of accrual not to exceed the amount of leave which will be earned during the balance of the current leave year. An employee serving under a temporary appointment or one who is serving a probationary or trial period may be granted advance annual leave not to exceed an amount which is reasonably assured will be subsequently earned by the expiration of their appointments.
(2) An employee desiring advance annual leave will request such by submitting a memorandum to the immediate supervisor. The memorandum will contain the number of hours requested and will state the period of time, e.g., 20 hours, for the period 0730, 29 July, through 1200 noon, 31 July 1992. The supervisor will, prior to approval, ensure that the amount of leave that is accrued by the employee by the end of the leave year is equal to or more than the amount requested to be advanced. If the request is approved, the memorandum will be forwarded to the Customer Service Representative , Civilian Pay Section, Defense Finance Accounting Office (DAO) prior to Wednesday following the end of the first pay period in which the advance leave was approved. In case of disapproval, the supervisor will provide an explanation and return the memorandum (request) to the employee.
e. Maximum Accumulation.
(1) The maximum accumulation of annual leave is restricted to 30 days for all employees in the continental United States.
(2) Annual leave accumulated through leave balances carried forward into the leave year for 1953 and subsequent leave years in excess of 30 days will remain to the employee's credit until subsequently reduced by use of an amount in excess of the accrual during any year. Any annual leave balance in an employee's regular leave account at the beginning of a leave year which is in excess of the maximum accumulation figure is forfeited. Back
f. Lump-Sum Payment.
(1) An employee who is separated from the federal service is entitled (under Subchapter VI of Chapter 55 of Title 5, United States Code) to payment in a lump-sum for accrued annual leave.
(2) Annual leave to the credit of an employee at the time of his/her death, accumulated and accrued, shall be paid for in a lump-sum to his/her designated beneficiary or in the established order of precedence if he/she has not designated a beneficiary.
(3) Transfer and recredit of annual leave.
(a) An employee is entitled to a lump-sum payment for accumulated and accrued annual leave when he/she transfers to a position not under a leave system to which annual leave may be transferred.
USASC&FG Reg 690-21
(b) When an employee transfers between positions under Subchapter I of Chapter 63 of Title 5, United States Code, the agency from which he/she transfers shall certify his/her annual leave account to the employing agency for credit or charge.
(c) Section 5551 of Title 5, United States Code, provides for a lump-sum payment for annual leave upon the separation of an employee from the federal service and for the proportionate refund and recredit of leave if he/she is reemployed within the period represented by the payment.
(d) When an employee is reemployed in a position under a different leave system prior to the expiration of the period for which lump-sum leave payment has been made and his/her unexpired period of leave covers a larger amount of leave than which can be transferred to the different leave system, he/she is only required to make a refund covering the amount of recreditable annual leave. No refund is required when an employee is reemployed in a position which would have entitled him/her to a lump-sum payment if he/she had moved into the position without a break in service. Back
(4) Section 5552 of Title 5, United States Code, permits an employee entering the Armed Forces to be paid in a lump-sum for current accrued annual leave. On return to civilian employment, employees are also entitled to payment for terminal leave from the Armed Forces concurrently with pay for civilian service.
g. Minimum Charge for Annual Leave. The minimum charge for annual leave is 1 hour. Absences of less than 1 hour will not be cumulated from day to day for leave charging purposes. Employees will not be required to work during periods for which leave is charged. Back
h. Restored Annual Leave. Restored annual leave must be maintained in a separate leave account. It does not in any way increase or change an employee's normal permissible carry-over of annual leave into a new year. Restored annual leave must be used by the end of the leave year ending 2 years after the date the leave is restored to the employee. Reasons for restoring annual leave are administrative error, exigencies of public business, and sickness. Scheduling of leave is so important that the law makes it a prerequisite to the restoration of annual leave that may be forfeited because of exigencies of the public business or because of sickness. Prior to restoration of annual leave due to an exigency, a determination must be made by subordinate commanders, directors, or heads of personal staff that the exigency was of major importance and that, therefore, annual leave could not be taken. A specific beginning and ending date of the exigency period must be fixed. In making such determinations, the key factor is that the exigency or operational demand was of such importance as to preclude the use of scheduled leave before the end of the leave year. The exigency determination may not be made by any official whose leave would be affected by the decision, nor may officials with delegated authority approve exigencies that affect employees for whom they are the leave approving official. Such authority rests with the garrison/tenant commander, as applicable.
USASC&FG Reg 690-21
(1) Before annual leave forfeited under Section 6304 of Title 5, United States Code, may be considered for restoration under that section, the decision to schedule annual leave for use shall be made in writing before the start of the third biweekly pay period prior to the end of the leave year.
(2) Action to restore annual leave forfeited as a result of an exigency or illness will be initiated by a written request submitted by the employee to the commander of subordinate units, organization/department directors, and heads of personal and special staff. It will include the following:
(a) The name of his/her leave approving official;
(b) Standard Form 71 or other document showing the calendar date the leave was scheduled and approved by the leave approving official;
(c) Standard Form 71 or other document showing the dates during which the leave was
scheduled for actual use and the amount of leave (hours) that was scheduled for use;
(d) Reason for subsequent canceling of approved leave (if because of exigency of public business, documentation must include the exact beginning and ending dates of the exigency and a copy of the approved action); and
(e) Standard Form 71 or other document showing the date on which the leave was rescheduled for use and the amount of leave (hours) that was rescheduled.
(3) The original copy of the approved action will be forwarded to the Customer Service Representative, Civilian Pay Section, Defense Finance Accounting Office. Back
a. Earning Rates.
(1) Regular (full-time) employees accrue 4 hours for each full biweekly pay period.
(2) Standby employees (firefighters) accrue 7 hours for each 25 full biweekly pay periods and 12 hours for the last full pay period in the calendar year.
(3) Part-time employees accrue 1 hour for 20 hours in a pay status (not to exceed 80 hours of duty in any biweekly pay period).
(4) Temporary employees engaged in construction work at hourly rates (commonly known
USASC&FG Reg 690-21
as construction category employees) and employees for whom a regular tour of duty has not been established (intermittent) are not entitled to sick leave benefits.
(5) The minimum charge for sick leave is 15 minutes (.25 hour).
b. Accumulation of Sick Leave. Sick leave which is not used by an employee during the year in which it accrues shall accumulate and be available for use in succeeding years.
c. Crediting and Reaccrediting of Sick Leave.
(1) Sick leave may be credited at the beginning of each pay period for use during that pay period; however, if an employee separates before he/she has completed a full biweekly pay period, he/she must refund any unearned sick leave, unless a refund is not required because of applicable provisions of section 630.209 of the Code of Federal Regulations.
(2) An employee who has had a break in service is entitled to a recredit of sick leave (without regard to the date of his/her separation), if he/she returns to Federal employment on or
after 2 December 1994, unless the sick leave was forfeited upon reemployment in the Federal Government before 2 December 1995.
(3) An employee who has had a break in service and who was first employed by the government of the District of Columbia before 1 October 1987 is entitled to a recredit of sick leave (without regard to the date of his/her separation), if he/she returns to Federal employment on or after 2 December 1994, unless the sick leave was forfeited upon reemployment in the Federal Government before 2 December 1992.
d. Granting Sick Leave. Accrued sick leave to employee's credit will be granted when approved, under the following circumstances.
(1) When required for medical, dental, or optical examination or treatment (generally not to exceed 4 hours). Whenever possible, employees should endeavor to secure appointments outside their duty hours.
(2) When incapacitated for the performance of duties by sickness, injury, pregnancy or confinement.
(3) When required to give care and attendance to a member of his/her immediate family who is afflicted with a contagious disease. For purposes of sick leave, a contagious disease is defined herein as a disease subject to quarantine or requiring isolation or restriction of movement of the patient by the health authorities having jurisdiction. Included are chicken pox, strep throat, and scarlet fever. Other diseases will be evaluated on an individual basis.
USASC&FG Reg 690-21
(4) When the employee would jeopardize the health of others by his/her presence at work because of exposure to a contagious disease.
(5) When required by a disabled veteran for necessary medical treatment. The granting of sick leave, annual leave, and LWOP to disabled veterans is obligatory when supported by an official statement from a medical officer of a government hospital that medical treatment is necessary and advance notice is furnished to the veteran's supervisor.
(6) To provide care for a family member as a result of physical or mental illness; injury; pregnancy; childbirth; or medical, dental, or optical examination or treatment;
(7) Make arrangements necessitated by death of a family member or attend the funeral of a family member; or
(8) Must be absent from duty for purposes relating to the adoption of a child, including appointments with adoption agencies, social workers, and attorney; attendance at court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.
e. Scheduling, Requesting and Approving Sick Leave.
(1) The employee is responsible for notifying his/her immediate
supervisor or designated representative when incapacitating sickness or
injury prevents him/her from reporting for duty as scheduled. Except for
emergencies, sick leave requests should be made on or before the first
day of absence by written or verbal message or by telephone. Periods of
absence of sick leave in excess of 5 consecutive workdays will be
supported by a medical certificate to be filed with 7 calendar days
after returning to duty. In individual cases, a medical certificate may
be required for less than 5 consecutive workdays when there is reason to
believe that the employee is abusing sick leave privileges. Requests for
sick leave for nonemergency medical, dental, optical examination or
treatment, and requests for advance sick leave, even though submitted
with proper evidence, may be denied if it is determined that the
employee's services are needed. If the employee fails to follow
prescribed procedures for requesting or documenting either emergency or
nonemergency sick leave, the supervisor may deny the request if he/she
considers that such extenuating circumstances that would warrant
approval did not exist. Insofar as practicable, absences for sick leave
should be initialed on the Time and Attendance Report or an SF 71 may be
used for employee's request and medical certificate. In cases of
prolonged absences due to illness, medical certificates may be required
at reasonable intervals to avoid overpayment which can result when sick
leave is granted without supportable basis. If separation is pending,
medical certificate and employee's request for sick leave must be
submitted prior to the end of the pay period in which separation will
(2) An employee will file a written request for the purpose outlined in d (6), (7) and (8) above using SF-71. Item 6 of the SF-71 will contain the reason for the leave, i.e., sick relative (specify relationship), funeral of a relative (specify relationship), or adoption (samples are attached as Figures 2-5). Except for emergencies, the request will be submitted before the first day of the absence. In case of emergencies, the SF-71 will be submitted as soon as practical, but no later than the first day after the employee returns to duty following the absence. The SF-71 will be maintained on file by the supervisor and will be subject to inspection.
f. Using Sick Leave Immediately Prior to Separation. An employee pending separation for disability, disability retirement, or legal incompetence may use accumulated sick leave immediately prior to separation provided there is evidence and certification that he/she is incapacitated for work.
g. Transfer and Recredit of Sick Leave.
(1) When an employee transfers between positions under Subchapter I of Chapter 63 of Title 5, United States Code, the agency from which he/she transfers will certify his/her sick leave account to the employing agency for credit or charge .
(2) When sick leave is transferred between different leave systems on an adjusted basis, 7 calendar days of leave are considered as 5 workdays of leave.
(3) An employee who transfers to a position under a different leave system to which he/she can transfer only a part of his/her sick leave is entitled to a recredit of the untransferred sick leave if he/she returns to the leave system under which it was earned.
(4) An employee who transfers to a position to which he/she cannot transfer his/her sick leave is entitled to a recredit of the untransferred sick leave if he/she returns to the leave system under which it was earned.
h. Emergency Treatment of On-the-Job Injury. An employee injured in the performance of his/her duties will be considered in a duty status and will receive pay without charge to leave for the time required to obtain emergency treatment to the extent time falls within his/her prescribed hours of work for the day of injury.
i. Outside Employment During Sick Absence. An employee who engages in outside employment during sick absence is required to notify his/her supervisor for approval prior to such employment. If the supervisor feels that the employee should not be engaged in such employment, the matter will be referred to the Civilian Personnel Division for determination.
j. Certificate of Achievement. A certificate of achievement for sick
leave savings is
a. Employees may be granted sick leave in advance of accrual not to exceed 30 days or 240 hours, with the exception of employees serving under temporary appointments or serving probationary or trial periods who may be advanced an amount not to exceed that which is reasonably assured will be subsequently earned. (Note: In cases where it is known that employees are to be retired or when separations are anticipated, employees may be advanced only that amount that can be earned prior to retirement/separation.) Prior to being granted advance sick leave, employees may be required to use any annual leave subject to be forfeited at the end of the leave year.
b. When an employee is serving under a limited appointment or one which will be terminated on a specified date, an agency may advance sick leave to him/her up to the total sick leave which he/she would otherwise earn during the term of his/her appointment. An employee serving a probationary or trial period is not considered limited for this purpose.
(1) Advances will be limited to 10 days for temporary appointment pending establishment of register (TAPER) employees depending on the seriousness of the case.
(2) Advances will be limited to 10 days plus the amount in the retirement fund to their credit for career conditional employees depending on the seriousness of the case. Priority consideration will be given to the head of household employees having minor dependents.
(3) When it is known that the employee is to be retired or when it is anticipated that he/she is to be separated, the total advance, if any, shall not exceed an amount which can be liquidated by subsequent accrual prior to separation.
c. All sick leave to the employee's credit must be exhausted.
d. Procedures for requesting advance sick leave follows:
(1) The employee must prepare the request in triplicate using a memorandum. Figure 1 gives an example of a request for advance sick leave. A medical certificate stating the period of incapacity for duty and the nature of serious disability or ailment must be attached.
(2) The immediate supervisor will review and, in terms of criteria above, approve or disapprove the request. Critically review any request for advance sick leave for periods of 3 days or less. The fact that an employee has exhausted all of his/her sick leave including that which he/she would accrue during the leave year, does not constitute sufficient justification for the advance of sick leave. Prior record of any known abuses of sick leave should be considered. Supervisors should also consider the seriousness of the ailments and counsel the employee on the time involved for repayment of advances and their responsibility to the government for repayment.
(3) Distribution of approval request for advance sick leave is as follows:
(a) The original memorandum with medical certificate will be forwarded to the Customer Service Representative, Civilian Pay Section, Defense Finance Accounting Office.
(b) One copy will be forwarded to the Personnel Management Support Branch, Civilian Personnel Division, to be placed in the employee's official personnel folder.
(c) One copy will be returned through the employing organization to the requester.
(4) In case of disapproval, the memorandum will be so documented with an explanation and returned to the employee concerned. Back
11. LEAVE SUBSTITUTION.
a. When sickness occurs within a period of annual leave, sick leave may be granted for the period of sickness if so requested by employee.
b. Regular sick leave which has been applied for, granted, and taken becomes a vested statutory right and annual leave may not be substituted therefore. However, approved absences otherwise chargeable to sick leave can be charged to annual leave at the employee's request.
c. A different rule applies to advance sick leave. Annual leave may be substituted retroactively for sick leave thus advanced so as to liquidate an indebtedness to the United States Government, unless the substitution of annual leave for sick leave is to prevent a forfeiture of annual leave. Substitution for the purpose of avoiding forfeiture of annual leave is prohibited.
d. Upon the written request of an employee under the procedures in
paragraph 4a(3), an employee who was employed by the Federal Government
on 30 September 1994, or who
e. An employee's request to substitute accrued sick leave for annual leave used for adoption-related purposes must be submitted by 30 September 1996. The request will:
(1) Specify the periods and amount of annual leave involved;
(2) Include copies of any available contemporaneous earnings and leave statement or other contemporaneous documentation that specifies the periods and amount of annual leave used by the employee for purposes relating to the adoption of a child between 30 September 1991 and 30 September 1994;
(3) Specify the amount of accrued leave to be substituted; and
(4) Include evidence of the adoption. Back
a. An employee is entitled to not more than 3 days of leave without loss of pay or charge to leave which he/she is otherwise entitled, to make arrangements for, or attend the funeral of, or memorial service for a family member who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone.
b. If the 3 days are not consecutive, the employee must furnish reason justifying grant of
funeral leave for nonconsecutive days. Back
a. Employees serving permanent, temporary indefinite, TAPER, or term appointments who are members of the National Guard or Reserve components of the Armed Forces must be granted military leave not to exceed 15 calendar days in any one fiscal year when competent orders are presented. An indefinite TAPER employee who accepts a short temporary appointment between appointments is entitled to military leave. A pay status immediately prior to beginning of military duty is a requisite to entitlement of military leave with pay since, otherwise, no civilian pay would have been lost. Additional leave for up to 22 workdays in a calendar year may be granted for the purpose of providing military aid to enforce the law (Section 2 of the Public Law 90-588, approved 17 October 1968).
USASC&FG Reg 690-21
(1) Accrual and use of military leave will be on a fiscal year rather than calendar year basis.
(2) Any portion of the 15 days unused in a fiscal year may be carried over to the next fiscal year, not to exceed a total of 30 days.
(3) Part-time career employees (as defined in Section 3401(2) of Title 5, United States Code) are entitled to military leave on a prorated basis. The rate is determined by dividing 40 into the number of regularly scheduled hours for the employee.
b. Absence which is not chargeable to military leave with pay may be charged to annual leave. Therefore, employees who are members of the Reserve components of the Armed Forces called for a period of training or for a period of active duty beyond the 15-day period chargeable to military leave may use annual leave and may receive compensation concurrently with pay and allowances for training or active duty beyond such 15-day period.
c. An employee on military leave whose tour of duty permits payment of night differential pay, is entitled to night differential pay during the period he/she is on military leave.
d. A reservist who resigns from his/her civilian position prior to entering on active military duty is not entitled to military leave for any portion of the period of military service.
e. The military order calling the employee to active military duty is sufficient evidence for the initial authorization of military leave and will be submitted by the employee as soon as possible. Upon returning to duty, the employee is required to furnish official evidence of his/her performance of military duty. A copy of the order and the evidence of performance of military duty will be submitted to the supervisor to be forwarded to the Customer Service Representative, Civilian Pay Section, DAO. If orders are not received within three pay periods after the military duty has ended, leave will be changed to annual leave or LWOP. Back
a. Department of the Army considers it the civic responsibility of employees to answer calls for jury duty and other court services. When an employee is summoned for jury duty, jury qualification, or as a witness in a judicial proceeding on behalf of a state, local, or United States Government, he/she shall be paid at his/her appropriate rate for time required from his/her normal work schedule to perform such duties. See appendix A.
b. Court leave for jury duty is granted to both permanent and temporary employees of the United States and the District of Columbia, both full-time and part-time, except for those employed as substitute, when actually employed (WAE), or intermittent basis.
USASC&FG Reg 690-21
c. A night shift employee who performs jury service during the day is granted court leave for his/her regularly scheduled night tour of duty and is entitled to night differential.
d. Employee such as WAE, or intermittent, who are not entitled to court leave for jury service, may be granted any annual leave to which they might otherwise be entitled, or may be placed on LWOP, for any absence from duty for this jury service. If an employee is on annual leave when called for jury service, court leave should be substituted. No exception is made for annual leave that would otherwise be forfeited at the end of the leave year. An employee on annual leave under advance notice of separation from the Federal civilian service due to a reduction-in-force, and who is summoned as a juror, is entitled to have otherwise proper court leave substituted for annual leave but not to extend beyond the date administratively fixed for his/her separation. Back
e. An employee on LWOP, although otherwise eligible, may not be granted court leave when called to jury duty. Court leave is available only to an employee who, except for jury duty, would be on duty or on leave with pay. Back
f. If an employee is excused from court duty for l day or a substantial part of a day, he /she is expected to return to duty unless this would be impractical. In determining whether the employee will be required to return to duty, the employee will phone the supervisor, who will make the determination based on the amount of time remaining in the workday, any special need for the employee's service, the distance involved, the type of transportation available, and parking facilities. An employee will not be required to report to work if he/she must report to court duty within 2 hours of the beginning of the workday. Back
g. Intermittent, WAE, or substitute employees are not eligible for court leave.
h. The subpoena ordering the employee to report duty is sufficient evidence for the initial authorization of court leave and swill be submitted submitted to the supervisor as soon as possible. Upon returning to duty, the employee is required to furnish an official Certificate of Attendance to his/her supervisor to be forwarded to the Customer Service Representative, Civilian Pay Section, DAO. If the certificate is not received within 3 pay periods after the end of the court leave, it will be changed to annual leave or LWOP. Back
a. An excused absence is an absence from duty administratively authorized without loss of pay and without charge to leave. Ordinarily, excused absences are authorized on an individual basis, except where an installation is closed, or a group of employees is excused from work for various purposes.
b. Agencies generally determine the situations in which they will excuse employees from duty. Excused absences will be granted all classification act and those wage grade employees not limited to appointments of 90 days or less or who have been currently employed for 90 days under one or more appointments without a break in service, unless otherwise specified. Intermittent employees are excluded. Some of the more common situations in which agencies may excuse absences are covered below.
(1) Appeals. Employees are excused to appear before any hearing examiner, appeal board, or committee at this installation.
(2) Blood Donation. Employees who volunteer as blood donors (including plasmapheresis) without compensation or employees who respond to emergency calls for needy individuals will be authorized 4 hours administrative absence without charge to leave or loss in pay for rest and recuperation. The maximum excusable time will not exceed 4 hours, except in unusual cases. When the employee must travel a long distance, or when unusual need for recuperation occurs, up to an additional 4 hours may be authorized. The excused absence is to be taken on the day the blood is donated.
(3) Examinations and Interviews. Employees are authorized excused absence to take competitive examinations for promotion at the request of the employing activity; to take examinations (including reexaminations) for their present job; and to participate in tests and panel interviews required under the merit placement and promotion program. An employee may be excused for an interview without charge to leave or loss of pay when:
(a) Competition is for a position within the DOD; or
(b) The individual is under notice of separation or change to lower grade for any reason except personal cause.
(4) Medical Examinations. Employees are excused to undergo medical examinations conducted at the activity to determine physical fitness for continued Federal service.
(5) Attending Conventions and Conferences. Employees may be excused to attend conferences or conventions when it is determined that the attendance will serve in the best interest of the Federal service. Excused absence of this type may be restricted to those situations in which the employee is an official representative of an association of management or supervisor official with which an official consultant relationship has been established or when the employee is a contributor on the agenda. Back
USASC&FG Reg 690-21
(6) Tardiness and Brief Absence. Brief absence from duty of less than 1 hour and tardiness may be excused when reasons appear to be adequate to the supervisor. Abuse of this privilege could result in a charge to annual leave, LWOP (with the employee's consent), or absence without leave. Disciplinary action may be taken if so warranted.
(7) Representing Employee Organizations. Administrative leave may be granted to an employee representative incident to his/her receiving information, briefing, and orientation relating to matters within the Labor Management Services Act (LMSA) in accordance with (IAW) the labor-management agreements between the Commanding General, Fort Gordon and local employee unions.
(8) Draft Registration. Employees are excused for time required to register for military duty. Excused absence will generally not exceed 4 hours and will never exceed 1 day, including time to and from place of registration.
(9) Participation in Military Funerals. An employee in or under an executive agency who is a veteran of war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time necessary, not to exceed 4 hours in any 1 day, to enable him/her to participate as an active pallbearer or as a member of a firing squad/guard of honor in a formal ceremony for a member of the Armed Forces whose remains are returned from abroad for final interment in the United States. Back
(10) On-the-Job Injuries. An employee injured in the performance of his/her duties is authorized excused absence to obtain emergency treatment to the extent the time falls with his/her hours of work on the day of injury. Time required for further treatment of the injury is chargeable to sick leave and/or LWOP if so requested by the employee for compensation purposes. Back
(11) Illness Caused by Required Immunizations. Absence for illness resulting from administratively required immunizations is excused when the medical officer administering the immunizations certifies that the absence is necessary.
(12) Emergency Rescue or Protective Work.
(a) Employees called to emergency duty in the National Guard or State Guard, to participate in civil air patrol searches, are excused for up to 5 workdays.
(b) Employees who are members of chartered emergency rescue squads recognized by civil authorities and operating in areas near this installation, are authorized up to 40 hours excused absence during the leave year, if supported by a signed, official statement describing the specific emergency and approved by the supervisor. Supervisors can deny excused absence under this
USASC&FG Reg 690-21
subparagraph the employee's absence would be detrimental to the accomplishment of essential work operations.
(13) Armed Forces Medical Examination. Employees are excused to report for or undergo physical examinations to determine eligibility for enlistment or induction into the Armed Forces, provided the request is supported by official notification from appropriate military authority. Request for excused absence in excess of 1 day is accompanied by a statement from the induction station showing necessity for the additional absence. Back
(14) Registration and Voting. Employees who desire to vote or register in any election or in referendums on a civic matter in their community shall be excused for a reasonable time for that purpose, as follows:
(a) Where the polls are not open at least 3 hours either before or after an employee's regular hours of work he/she may be granted an amount of excused leave which will permit him/her to report to work 3 hours after the polls open or leave work 3 hours before the polls close, whichever requires the lesser amount of time off.
(b) If an employee's voting place is beyond normal commuting distance and vote by absentee ballot is not permitted, the employee may be granted sufficient time off in order to be able to make the trip to the voting place to cast his/her ballot. Time off in excess of 1 day shall be charged to annual leave or, if annual leave is exhausted, then to LWOP.
(c) For employees who vote in jurisdictions which require registration in person, time off to register may be granted on substantially the same basis as for voting, except that no such time shall be granted if registration can be accomplished on a nonworkday and the place of registration is within 1 day, round trip travel distance of the employee's place of residence.
(d) There are special situations wherein excused leave is not authorized unless the employee reports for duty and performs work on the day of election or registration, except where absence under (b) above is appropriate. Excused leave is authorized in conjunction with the tasks performed and annual leave. Example: l l/2 hours excused leave; 3 1/2 hours work performed; and 3 hours of annual leave. Back
(15) Group Dismissals. Excused leave is granted when employees are prevented from coming to work or relieved from work for such reasons as:
(a) Normal operations of an establishment are interrupted by events beyond the control of management or employees; or
USASC&FG Reg 690-21
(b) For managerial reasons the closing of an establishment or portions thereof is required for shorter periods of time; or
(c) It is in the public interest to relieve employees from work to participate in civil activities which the government is interested in encouraging; or
(16) Utilizing Service of the Civilian Personnel Division and the Equal Employment Opportunity Office. Employees granted permission to obtain advice or service from the Civilian Personnel Division and the Equal Employment Opportunity Office will not suffer lost of pay nor charge leave.
(17) Drug/Alcoholism Counselling for Treatment and/or Rehabilitation. Employees with a drinking problem or suffering from alcoholism or from drug abuse are encouraged to seek help through the rehabilitation program. Time spent seeking information on the program is considered as duty time. Sick leave will be granted for the purpose of treatment or rehabilitation as in any other illness, provided the employee agrees to participate and is seeking help through the program.
(18) The employer will grant 8 hours of administrative leave during each year of the agreement to all stewards and officers of the Local to attend union sponsored training, provided the training is primarily designed to further the interests of the government by bettering the labor-management relationship. The union president shall submit a written request to the Civilian Personnel Division listing those employees to attend the training, the hours of training, and an agenda of the training to be given.
(19) Leave for Adoptive Parents. An employee, male or female, adopting a child may desire a period of time off work in order to make necessary family adjustment and to make arrangements for child care. The use of annual leave, sick leave, or LWOP is appropriate for such purposes. See appendix B.
(20) After Prolonged Overtime or Travel. When it is not possible or reasonable to reschedule an employee's duty or travel time and regular scheduling would require the employee to travel and/or serve in a duty status for more than 16 hours, the employee may be excused without charge to leave or loss of pay for a reasonable time to recuperate from fatigue or loss of sleep. In determining the time to be allowed, the adverse effect on work performance, health, or well being, and any safety hazard which might result from working while fatigued, should be considered. Excusal under this authority will not normally exceed 4 hours.
(21) Absences for Relocation Purposes. An employee may be excused for a reasonable time to make personal arrangements and to transact personal business directly related to a permanent change of station which is in the interest of the United States Government, provided that such business or arrangements cannot be transacted outside the employee's regular working hours. This
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includes such things as making arrangements for the packing and unpacking of household goods and obtaining driver's license, auto tag(s), and passport(s). Back
(22) Organization Day. Command-sponsored "organization days" are described in USASC&FG Regulation 350-5. Civilian employees are encouraged to participate in activities on these days. Time spent attending command-sponsored organization day activities is considered duty time. Instead of attending organization day activities, and employee may elect to continue to work at his/her normal duties or take annual leave (or leave without pay) for the period of the organization day.
(23) Organ Donor. Employees are entitled to 7 days of paid leave each calendar year (in addition to annual and sick leave) to serve as a bone-marrow or organ donor. This leave is to be granted without loss or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating. For medical procedures and recuperation requiring absences longer than 7 days, employees will be granted additional time off in the form of excused absence, accrued sick leave and/or annual leave, as appropriate. In addition, leave without pay, advanced sick and/or annual leave may be used. A written request for excused absence for this purpose will be submitted on a SF 71. Item 6 of the SF 71 will indicate bone-marrow/organ donor. Back
16. ABSENCE WITHOUT OFFICIAL LEAVE. Absence without official leave (AWOL) is defined as an absence from duty which was not authorized or approved or for which a leave request has been denied. Pay is withheld for the entire period of such absence. Disciplinary action may be taken when considered appropriate. If it is later determined that the absence without prior authorization was excusable or that the employee was ill, the charge to absence without leave may be changed to annual or sick leave. In cases where Time and Attendance Reports have already been certified and submitted to payroll for payment, a corrected time and attendance report to reflect the change is mandatory to substantiate leave charge and payment on the civilian payroll records. Back
a. Leave without pay (LWOP) is a temporary nonpay status. It is absence from duty granted upon the employee's request. Leave without pay will not exceed 1 year except in unusual circumstances or in furtherance of a program of interest to the government (e.g., Peace Corps volunteers). Maximum duration will never exceed 2 years. These limitations do not apply to employees who have been injured in the performance of their duties and are carried in the LWOP status while receiving disability compensation from the Bureau of Employee's Compensation, Department of Labor. An employee cannot demand that he/she be granted LWOP as a matter of right, except in the following cases: disabled veterans who are entitled to LWOP, if necessary, for medical treatment under Executive Order 5396, 17 July 1930; and reservists and national guardsmen who are entitled to LWOP if necessary to perform military training duties under the
USASC&FG Reg 690-21
provisions of Section 9(g) of the Military Selective Service Act of 1967.
b. Employees in LWOP status shall accrue all rights and privileges in respect to retirement status and appropriate coverage under the Group Life Insurance and Federal Employee's Health Benefits Program to which they may be entitled.
c. Each request for LWOP should be examined closely to assure that the value to the government or the serious needs of the employee are sufficient to offset the costs and administrative inconveniences that result from the retention of an employee in a LWOP status. Among the matters to be considered are:
(1) Encumbrance of a position.
(2) Loss of services that may be vital to the organization.
(3) Obligation to provide employment at the end of the approved LWOP.
(4) Creditable service for such benefits as retirement, leave accrual, within-grade increases, and severance pay; and
(5) Eligibility for continued coverage (without cost to the employee for up to 1 year) for life insurance and continued coverage (with payment of employee's portion of the premiums by the employee up to 1 year) for health insurance benefits.
d. As a basic condition to approval of extended LWOP, there should be reasonable expectation that the employee will return at the end of the approved period. In addition, it would be apparent that at least two of the following benefits will result:
(1) Increased job ability.
(2) Protection or improvement of employee's health.
(3) Retention of a desirable employee; or
(4) Furtherance of a program of interest to the government (e.g., Peace Corps volunteers).
e. If an employee is granted LWOP, the period of leave may not at any time thereafter be converted to annual or sick leave, except for disability retirement and employee compensation when claims are disallowed.
USASC&FG Reg 690-21
f. The following list includes examples of instances in which approval of extended LWOP would be proper, all other factors being favorable:
(1) To attend to parental or family responsibilities, as outlined in appendix B.
(2) For educational purposes, when the course of study or research is in line with a type of work performed by the agency and would contribute to the mission of the agency.
(3) For temporary service to non-Federal public or private enterprise, when there is a reasonable expectation that the employee will return to duty and when one or both of the following will result.
(a) The service to be performed will contribute to the public welfare; and/or
(b) The experience to be gained by the employee will serve the interests of the employing agency.
(4) For the purpose of recovery from illness or disability not of a permanent or disqualifying nature, when continued employment or immediate return to employment would threaten the employee's health or the health of other employees.
(5) To protect employee status and benefits during the period pending an initial decision by OPM on a disability retirement application.
(6) To protect employee status and benefits during any period pending action by the Office of Workers' Compensation on a claim resulting from a work-related illness or injury (agencies are urged to keep the employee on the rolls for up to 1 year, with possible extensions if the employee may be able to work by the end of the extension period).
(7) To avoid a break in the continuity of service for career or career-conditional employees or excepted employees with competitive status who are seeking other federal employment outside their commuting area; or
(8) To serve as an officer or employee of a union representing Federal employees under
Section 7131 of Title 5, United States Code, when official time for such representation is not appropriate/applicable.
g. When LWOP is for more than 30 calendar days, operating officials will forward SF-52 (Request for Personnel Action ) to the Civilian Personnel Division for processing IAW applicable regulations. If the employee returns to duty prior to the not-to-exceed date, an SF-52 must be submitted to the Civilian Personnel Division for processing.
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h. The employer recognizes the obligation to provide employment at the grade the employee held on the effective date of LWOP, or at any changed grade through reduction-in-force action or reclassification of the position and in the current pay status of such grade at the time the employee returns to work, provided the employee returns to work no later than at the end of the leave period.
i. The bumping and retreat rights of an employee on approved LWOP will be observed in situations where the employee's status has been affected by reduction-in-force action during the leave of absence.
j. The following procedures are to be used for requesting LWOP. The employee must submit an SF 71 or memorandum to his/her immediate supervisor stating why he/she needs LWOP, and attaching appropriate medical or other documentation to support the request, the exact period needed, and that he/she intends (or does not intend) to return to duty. The immediate supervisor will review and approve/disapprove the request.
k. Except in unusual circumstances or in furtherance of a program of interest to the government (e.g., Peace Corps volunteers), when it is known in advance that the period of absence will exceed 1 year, LWOP should not be authorized initially for any period in excess of 52 calendar weeks.
l. Extensions of LWOP should be scrutinized even more carefully than the original grant for adherence to the standards outlined above. However, this does not apply to absence for service with the Armed Forces or for service with reemployment rights effected under applicable executive orders or OPM regulations.
m. It is the Department of the Army's policy to grant 90 calendar day's LWOP to career and career-conditional employees or excepted employees with competitive status who are relinquishing their positions because the family or the head of household is moving from one area to another and who intend to seek federal employment in the new area. This initial grant of 90 days may be extended upon the request of the employee. Each request for extension should be judged on its own merits, using the guidance in this paragraph. The granting of LWOP will not be denied solely because of sex or marital status. Back
a. Compensatory leave is applicable to classification act employees only.
b. If there is a mutual agreement between the employee and a supervisor, the employee may be granted compensatory time off from his/her scheduled tour of duty instead of payment for an equal amount of time spent in irregular or occasional overtime work. An employee whose rate of pay exceeds the maximum rate for a GS-10 may be required to take compensatory time off in lieu of payment for irregular or occasional overtime. The compensatory leave may be taken on an hour for hour basis or in 15-minute multiples.
c. Compensatory time cannot be granted for regularly scheduled overtime.
d. Compensatory leave must be taken no later than the end of the 26th pay period following that in which the overtime work was performed. Back
19. MATERNITY LEAVE.
a. Sick leave may be used to cover the time required for physical examinations and to cover the period of incapacitation (due to pregnancy). An absence covering pregnancy and confinement
is to be treated like any other medically certified temporary disability. All sick leave in excess of 5 workdays must be supported by a medical certificate establishing incapacity for duty.
b. Periods of absence related to pregnancy and confinement which are not medically certified as due to incapacitation for the performance of duty may not be charged to sick leave; absence must be charged to annual leave or to LWOP if requested by the employee and approved by the immediate supervisor.
c. An employee should make known her intent to request leave for maternity reasons including the type of leave, approximate dates, and anticipated duration as soon as possible. If there is a need for hospitalization or extended recurring treatment for any condition requiring medical attention, an employee must file a written application for leave IAW paragraphs 6, 7, and/or 15 above.
d. Employees returning to duty from leave due to maternity reasons will furnish a medical statement of physical fitness to the immediate supervisor. Back
a. Personnel prevented from reporting for work because of weather, driving hazards, or fear of personal safety are charged annual leave or LWOP, as appropriate. Employees will communicate with supervisors in the usual manner when adverse weather prevents their reporting for work.
b. Supervisors may excuse and consider as duty status short periods (2-4 hours) when weather conditions are sufficiently severe and hazardous to delay travel.
c. Only the appropriate appointing authority or his/her designated representative can authorize early dismissals from work of employees whose services are not required or excuse personnel from reporting for duty as a result of abnormal climatic conditions. The Civilian Personnel Division will transmit and record such decisions to dismiss employees. Employees already on leave at the time the above decisions are made are excused only for that portion of the excused period which does not fall within the approved leave period.
USASC&FG Reg 690-21
d. Action taken by civil authorities within commuting areas to preclude accidents and unsafe travel does not form the basis for granting excused absence, neither is consideration given because of commuting distance from residence to work. Back
a. The following are treated as legal public holidays for purposes of pay and leave:
(1) New Year's Day, 1 January.
(2) Martin Luther King's Birthday, the third Monday in January.
(3) Washington's Birthday, the third Monday in February.
(4) Memorial Day, the last Monday in May.
(5) Independence Day, 4 July.
(6) Labor Day, the first Monday in September.
(7) Columbus Day, the second Monday in October.
(8) Veteran's Day, 11 November.
(9) Thanksgiving Day, the fourth Thursday in November.
(10) Christmas Day, 25 December.
(11) Any other day declared by federal statue or executive order.
b. The following personnel are entitled to basic rates of pay for excused absence on legal holidays.
(1) All employees paid on a per annum basis.
(2) Those paid on an hourly basis who have appointment not limited to 90 days or less or who have been currently employed for a continuous period of 90 days under one or more appointment(s) without a break in service (Intermittent employees are excluded).
c. Part-time employees are paid for unworked holidays only when the holiday falls on the individual's regularly scheduled workday. They are not entitled to "in-lieu-of" holidays. Full-time employees, however, are placed into holiday status on a regularly scheduled workday for those holidays which occur outside the regular tour of duty (e.g., on the preceding Friday when a holiday falls on Saturday). When an "in-lieu-of" holiday falls on part-time employees' regularly scheduled workday, the part-time employees, if prevented from working that day, will be granted the day off administratively with no charge to leave.
d. All employees except those listed below who are required to perform holiday work will receive a rate that is twice the regular rate for not more than 8 hours with a minimum of 2 hours on callback situations. Overtime rates apply when holiday work is performed outside regular basic tour.
(1) Experts and consultants.
(2) Intermittent employees.
(3) Standby employees.
e. An employee is entitled to compensation for overtime work on a holiday at the same rate for overtime work on other days. Compensatory time off as a substitute for holiday pay is prohibited. Back
a. Records will be maintained on employees taking Family Friendly Leave and/or Family Medical Leave. Information from these records will be provided to higher headquarters and the Office of Personnel Management (OPM) as required. The Civilian Personnel Division (CPD), DHR ,is responsible for maintaining required records and submitting required reports.
b. As a minimum, the following information will be submitted to CPD after each period of leave used.
(1) The name, grade and gender of the employee;
(2) The employee's rate of pay;
(3) The occupational series of the employee's position;
USASC&FG Reg 690-21
(4) The date(s) and number of hours of leave taken;
(5) The purpose of the leave taken (i.e., birth of a child, illnesses of a family member, employee's illness, attend the funeral of a family member, adoption of a child, etc.); and
(6) Any additional information required by the OPM, Department of the Army, and Department of Defense. Back
FOR THE COMMANDER:
OFFICIAL: LAWRENCE C. CROCKETT
JOSE C. MILLER
Director of Information Management
HQ, USASC&FG: B
Major commands: B
Field operating activities/agencies: B
FORSCOM units: B
DOIM, ISSB, Files (2)
DOIM, Admin Svc Section (1) TOP