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DoD Financial Management Regulation Volume 8, Chapter 05

CHAPTER 05

LEAVE

0501 GENERAL REQUIREMENTS

050101. The type, amount, and nature of leavebenefits are dependent on the type and length ofemployment, military status, and other eligibilityrequirements. See 5 U.S.C. Chapter 63 (reference(b)), FPM Supplement 990-2, Book 630, (reference(k)), and 5 C.F.R., Part 630 (reference (1)).

050102. The leave objectives to be met by pay-roll operations and systems are that leave re-cords are properly maintained for each employ-ee; leave is accurately accrued; leave taken isproperly authorized and reported; and informa-tion on leave use and accrual is accurately deter-mined and promptly provided to facilitate col-lection of certain leave-related debts from em-ployees and preparation of financial reports,including those for cost accounting purposes.

050103. Leave records shall be maintained toshow the following for each employee: rate ofaccrual for each type of leave; hours or daysaccrued and used by leave type; and hours ordays advanced by leave type. Additional docu-mentation requirements for specific types ofleave are described in this Chapter in the para-graphs discussing each type of leave. Themechanized leave record is created automaticallyfrom accession leave data obtained from infor-mation on the SF 50 and SF 1150. Annual andsick leave balances for employees transferring inare furnished to the civilian payroll office on theSF 1150. Prior to receipt of the SF 1150, theleave balances from the last LES issued theemployee by the losing civilian payroll officemay be used. Upon receipt of the SF 1150, thegaining civilian payroll office makes any neces-sary adjustments. See subparagraph 090202.C.for additional guidance.

050104. Accruals

A. The leave year begins with thefirst full pay period starting in the calendar year.For leave accruals, the civilian payroll systemshall contain accurate information on the type of

appointment for each employee and the leavehours or days to which the employee is entitled.Leave earned shall be accurately accrued foreach type of leave using correct rates effective atthe proper times. Reductions shall be made atthe beginning of each leave year for accumulatedleave exceeding statutory limits. Reductionsshall be made in accruals for annual and sickleave when necessary to reflect extended leavewithout pay or absence without leave.

B. Annual and sick leave earned shallbe posted to an employee’s record each payperiod before leave taken in that period ischarged against leave balances. During a payperiod in which an employee’s service is inter-rupted by a non-leave-earning period, he or sheearns leave on a pro rata basis (5 C.F.R. 630.204)(reference (l)). For example, leave shall beprorated when an employee has reemploymentrights in connection with military service, before the time of separation and at the time of reem-ployment, and both separation and reemploy-ment occur within the normal biweekly payperiod; when an employee is in receipt of injurycompensation, both at the beginning and at theend of the nonpay status, and the nonpay statusbegins and ends within the normal biweekly payperiod; when an employee transfers to an agencyhaving a different pay period; when an employ-ee is restored after a period of unwarrantedsuspension or removal for which retroactivecompensation is paid; and when an employee isattending school or college as a student trainee.Full-time and part-time employees who changeto an intermittent work schedule during the payperiod are eligible to have their leave accrualsprorated. See Table 5-1 for proration of leave.

050105. To support the time and attendancerecord, employees shall request approval ofleave. Leave used shall be documented andapproved in writing by a supervisor designatedto make such approvals. Documentation forleave used shall show the dates, times, and typesof leave taken. Employees may not be compen-sated for leave taken in excess of leave accrued

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Volume 8, Chapter 05 DoD Financial Management Regulation

except for religious observances taken for whichcompensatory time off for religious reasons wasnot worked in advance and for authorized ad-vance leave.

050106. Unless an agency establishes a mini-mum charge of less than 1 hour, or establishes adifferent minimum charge through negotiations,the minimum charge for leave is 1 hour, andadditional charges are in multiples thereof.DCPS, however, supports increments of leave atthe hundredths of an hour.

050107. The payroll system shall be integratedor interfaced with general ledger and cost ac-counting systems to ensure prompt and accuratecollection of health and life insurance premiumsfrom employees on unpaid leave, when required,and court reimbursements for time served as ajuror while on court leave, when required.Amounts of leave accrued and used and theirrelated values shall be maintained to computeleave expenses and liabilities by designatedgeneral ledger and cost accounting classificationsand to report externally.

050108. See Table 5-2 for conversions whenthere is an insufficient amount of the type ofhours requested.

0502 ANNUAL LEAVE

050201. General. Annual leave is absence withpay for personal and emergency purposes. Anabsence which is otherwise chargeable to sickleave may be charged to annual leave if request-ed by the employee and approved by the super-visor. Other than for the liquids tion of advancesick leave indebtedness, the retroactive substitu-tion of annual leave for sick leave is not autho-rized. A substitution of annual leave for sickleave may not be made retroactively for the pur-pose of avoiding a forfeiture of annual leave atthe end of the leave year.

050202. Amount of Annual Leave Earned

A. Annual leave is earned byfull-time and part-time employees. Intermittentemployees (that is, employees with no scheduledtour of duty) do not earn annual leave. Employ-ees who are appointed to positions not limited to

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less than 90 days are entitled to annual leaveearning upon completion of the first biweeklypay period. Employees whose current employ-ment is limited to less than 90 days are entitledto annual leave earning only after being current-ly employed for a continuous period of 90 daysunder successive appointments without a breakin service. After completing the 90-day period,employees are entitled to be credited with theleave that would have accrued during those 90days.

B. The amount of annual leaveearned depends on the length of service.Full-time employees with less than 3 years ofservice earn 4 hours of annual leave per biweek-ly pay period. Full-time employees with 3 years,but less than 15 years of service, earn 6 hoursper biweekly pay period. In the last full payperiod of the calendar year, they earn 4 addition-al hours. Full-time employees with 15 or moreyearn of service earn 8 hours per biweekly payperiod. Employees must be employed for thefull biweekly pay period to be entitled to accrueannual leave for that period. An employee isconsidered to have been employed for a fullbiweekly pay period if he or she is employedduring the days falling within that period,exclusive of holidays and nonworkdays estab-lished by Federal statute, Executive Order, oradministrative order (5 U.S.C. 6302(b) (reference(b)).

C. Each time the number of hours ina nonpay status, which includes all nonpayhours except OWCP, in a full-time employee’sleave year equals the number of base pay hoursin a pay period, the civilian payroll system shallreduce his or her credits for leave by an amountequal to the amount of leave the employee earnsduring the pay period. When an employee’snumber of hours of nonpay status does notrequire a reduction of leave credits, the civilianpayroll system shall drop those hours of nonpaystatus at the end of the employee’s leave year.

D. Part-time employees with regu-larly scheduled tours of duty earn leave for thetime they are in a pay status. Part-time employ-ees with less than 3 years of service earn 1 hourof annual leave for each 20 hours in a pay status.Part-time employees with 3 years, but less than


15 years of service, earn 1 hour of annual leavefor each 13 hours in a pay status. Part-timeemployees with 15 or more years of service earn1 hour of annual leave for each 10 hours in apay status. Hours in a pay status in excess of anactivity’s basic working hours (normally 80hours) in a pay period are disregarded in com-puting the leave earnings of a part-time employ-ee. (Note Part-time employees may carry overfrom one pay period to the next those excesshours that are not evenly divisible by 10, 13, or20 hours, as applicable. These hours will beadded to the next pay period work hours forleave accrual.) See 5 C.F.R. 630.202 (b) and630.303 (reference (1)).

E. Annual leave earned shall beposted to an employee’s record each pay periodbefore annual leave taken in that period ischarged against annual leave.

050203. Uncommon Tours of Duty, LeaveAccruals, and Charges to Leave

A. Employees who work a 24-hourshift or a 72-hour workweek, such as firefighters,accrue leave based on the uncommon tours ofduty. The 72-hour workweek leave accrual forup to 3 years of service is 7 hours per biweeklypay period and 12 hours for the last full payperiod of the calendar year. For 3 to 15 years ofservice, the accrual is 11 hours per biweekly payperiod and 13 hours for the last full pay period.For 15 or more years of service, the accrual is 14hours per biweekly pay period and 24 hours forthe last full pay period.

B. Employees who work standbytours of 56-hour workweeks, such as fire chiefs,with up to 3 years of service accrue 5 hours perbiweekly pay period and 21 hours for the lastfull pay period of the calendar year. Employeeswith 3 to 15 years of service accrue 8 hours perbiweekly pay period and 24 hours the last fullpay period. Employees with 15 or more yearn ofservice accrue 11 hours per biweekly pay periodand 16 hours for the last full pay period.

C. Employees who work uncommontours of duty are charged leave on anhour-for-hour basis for time off. For example, anemployee working a 72-hour workweek would

be charged 72 hours for a week’s absence. See5 C.F.R. 630.210 (reference (1)) and FPM Supple-ment 990-2, Book 630, paragraph S2-6 (reference(k)).

050204. Limitations and Variances

A. The maximum carry forward from1 leave year to another is usually 240 hours Seeparagraph 050408. regarding unlimited annualleave carryover for civilian DoD employees whoare employed at installations that are facingplanned base closures. Employees stationedoutside the United States, who meet the condi-tions for eligibility established by 5 U.S.C.6304(b) (reference (b)) and 5 C.F.R. 630.302(reference (1)), may carry forward a maximum of360 hours. Employees returning from an assign-ment outside the continental United States(OCONUS) may carry forward the balance ofleave to their credit at the end of the pay periodwhich includes the date the employee departsfor reassignment. If an employee is placed ondetail to another OCONUS assignment, the datehe or she ceases to perform duty at the detailedpost is considered the date the employee departsfor reassignment. Annual leave in excess of 240hours which was accumulated under 5 U.S.C.6304(b) (reference (b)) by an employee whobecomes subject to the 240 hour maximum carryforward remains to the credit of the employeeuntil used. The excess annual leave is reducedat the beginning of the first full biweekly payperiod occurring in a leave year, by the amountof annual leave the employee used during thepreceding year that is in excess of the amountwhich accrued during that year. This processcontinues until the employee’s accumulatedleave does not exceed 240 hours.

B. The following formula is used toarrive at the maximum hour accumulation for anewly assigned standby employee who has a 30-day maximum accumulation. Multiply 240 timesthe number of hours in the standby workweekthen divide the result by 40. Using this formula,the maximum accumulation for an employeewith a 72-hour standby workweek would be 432hours. For an employee with a 56-hour standbyworkweek, the maximum accumulation wouldbe 336 hours. See FPM Supplement 990-2, Book630, paragraph S2-6 (reference (k)).

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C. There is a 90-day (720-hour)maximum limitation on the amount of annualleave that an SES member may carry over fromone leave year to the next. SES members withaccumulated annual leave that exceeds 90 days(720 hours) are allowed to retain their excessannual leave in a personal leave ceiling as of thefirst day of the first applicable pay period begin-ning after October 13, 1994. The amount ofannual leave credited to an SES member's per-sonal leave ceiling will be based on the amountof annual leave accumulated by the employee asof the end of the pay period preceding the firstapplicable pay period beginning after October13, 1994. Annual leave accrued for any payperiod during only a portion of which the em-ployee served under an appointment to the SESshall be prorated.

D. Executive Schedule employeesgenerally do not accrue leave, 5 U.S.C. 6301(2)(x)(reference (b)). Any unused annual leave thatremains to his or her credit immediately beforean employee moves to an appointment under theExecutive Schedule shall be liquidated by alump-sum payment, 5 U.S.C. 5551(b) (reference(b)). Lump-sum annual leave payments arebased on the rate of pay the employee wasreceiving immediately before the date 5 U.S.C.6301 (2)(x) (reference (b)) became applicable tohim or her. If a career appointee is appointed ata rate of basic pay which is equal to or greaterthan the rate payable for Level V of the Execu-tive Schedule, the career appointee may elect tocontinue under leave provisions as if the careerappointee had remained in the SES position fromwhich appointed.

050205. Advance Criteria. The current leaveyear accrual of annual leave maybe advanced ifapproved by the supervisor and if there isreasonable assurance the employee will be in aduty status long enough to earn the advancedleave. Doubtful cases shall be disapproved.Subsequent loss of accrual may result in anindebtedness situation. An employee is notrequired to refund advanced leave when he orshe dies, retires for disability or resigns or isseparated because of disability which preventshim or her from returning to duty or continuingin the service, and which is the basis of the

separation as determined by the employingoffice on medical evidence acceptable to it.

050206. Unused Annual Leave. Upon separa-tion from Federal employment, all employees areentitled to a lump-sum payment for the balanceof their annual leave account. See 5 U.S.C. 5551(reference (b)). Employees who enter on activeduty in the Armed Forces are entitled to elect tohave the leave remain to their credit until theyreturn from active duty. See section 0307 foradditional information on lump-sum leavepayments.

050207. Transferred Employees. For transferredemployees, see subparagraph 090202.C. for theinstructions for the SF 1150 to transfer annualleave balances.

0503 SICK LEAVE

050301. General. Sick leave is provided for anemployee’s use when sick injured, confined bypregnancy, required to give care to a member ofhis or her immediate family who is afflicted witha contagious disease, or the health of otherswould be jeopardized by his or her presence onduty because of exposure to a contagious dis-ease, or for medical, dental, or optical appoint-ments.

050302. Amount of Sick Leave Earned

A. Full-time employees earn 4 hoursof sick leave for each full biweekly pay period.Employees on uncommon tours of duty accrue 7hours of sick leave per pay period for a 72-hourworkweek and 5 hours of sick leave per payperiod for a 56-hour workweek. Each time thenumber of hours in a nonpay status, whichincludes all nonpay hours except OWCP, in afull-time employee’s leave year equals the num-ber of base pay bouts in a pay period, the civil-ian payroll system shall reduce his or her creditsfor sick leave by an amount equal to the amountof sick leave the employee earns during the payperiod. Part-time employees earn 1 hour of sickleave for each 20 hours in a pay status. Theymay not earn more than 4 hours of sick leave for80 hours in a pay status during any biweeklypay period. Intermittent employees do not earnsick leave.

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B. Sick leave earned shall be postedto an employee’s record each pay period beforesick leave taken in that period is charged againstthe sick leave balance.

050303. Limitations and Variances

A. There is no limit on accrued balancesof sick leave. Sick leave is reindited after abreak in service, if the break is not more than 3yearn (5 C.F.R. 630.502 (reference (1)). Annualleave may be changed to sick leave, if the em-ployee becomes ill during a period of annualleave.

B. Executive Schedule employees gener-ally do not accrue leave (5 U.S.C. 6301(2)(x)(reference (b)). Any unused leave that remainsto his or her credit when an employee moves toan appointment under the Executive Schedulewill be certified on an SF 1150 by the civilianpayroll office. The SF 1150 will be sent to thecivilian personnel office for retention in theOfficial Personnel Folder (OPF), until the em-ployee is reemployed in a leave-accruing posi-tion or separated from the Executive Scheduleposition. Career appointees appointed at a rateof basic pay equal to or greater than the ratepayable for Level V of the Executive Schedule,may elect to continue to have leave provisions asif the career appointee remained in the SESposition from which appointed.

050304. Advance Criteria. In cases of seriousdisability or illness, employees, except thoseserving under a limited appointment or with aspecified termination date, may be advanced upto 30 days sick leave, or equivalent for uncom-mon tours of duty. Employees should submitrequests in writing for advance sick leave to theleave-approving official. Advance sick leaveshould not be granted if it appears likely that theemployee will not return to duty long enough toearn the leave. Employees must repay anyadvanced sick leave unless the separation iscaused by death, disability retirement, or adisability which prevents the employee fromreturning to duty or continuing in the service,and which is the basis of the separation asdetermined by the employing office on medicalevidence acceptable to it. See 5 U.S.C. 6307(reference (b)).

050305. Unused Sick Leave. Employees are notpaid for unused sick leave upon separation. Theunused sick leave balance upon retirement ordeath is shown in the Remarks column underService History on the SF 2806/3100. See 5C.F.R. 630.209 (reference (1)).

050306. Transferred Employees. For employeestransferred, see subparagraph 090202.C. for theinstructions for the SF 1150 to transfer sick leavebalances.

0504 RESTORED LEAVE

050401. General. Except as otherwise autho-rized by regulation, annual leave restored under5 U.S.C. 6304(d) (reference (b)) must be sched-uled and used not later than the end of the leaveyear ending 2 years after:

A. The date of restoration of theannual leave forfeited because of administrativeerror; or,

B. The date fixed by the agency head,or his designated official, as the termination dateof the exigency of the public business whichresulted in forfeiture of the annual leave; or,

C. The date the employee is deter-mined to be recovered and able to return to d utyif the leave was forfeited because of sickness.

050402. Approval Requirements. The followingrequirements must be met before forfeited annu-al leave can be considered for restoration:

A. Use of the annual leave must havebeen scheduled in writing before the start of thethird biweekly pay period prior to the end of theleave year; and

B. The determination that an exigen-cy is of major importance, and therefore annualleave may not be used, must be made by thehead of a major field headquarter or major fieldinstallation in compliance with 5 C.F.R. 630.305(reference (1)).

050403. Time Limit. For an extended exigencyof the public business, the time period for use ofrestored leave is 2 years for each calendar year,

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or part thereof, during which the exigencyexisted. This time period starts at the beginningof the leave year following the leave year inwhich the exigency is declared to be ended. Anextended exigency is one that threatens thenational security, safety or welfare, lasts morethan 3 calendar years; affects a segment of anagency or occupational class; and precludessubsequent use of both restored and accruedannual leave within the time limit specified in 5U.S.C. 6304(d) (reference (b)) and 5 C.F.R.630.306 and 630.309 (reference (l)). Entry into theSES does not change the time limit, establishedunder 5 C.F.R. 630.306 (reference (1)), duringwhich restored leave must be used in order toavoid forfeiture.

050404. Separate Leave Account. The payrollsystem shall maintain three separate restoredleave accounts. Restored annual leave must becredited to a separate leave account identifyingthe date of restoration, the date of forfeiture, theamount credited for use, the amount of usage,and the unused balance. Restored annual leaveis not included in, and does not increase, themaximum annual leave carryover for an employ-ee.

050405. Time and Attendance Reports. Time-keeping instructions in paragraph 020203. specifythe method to be used to identify the leaveaccount to be charged.

050406. Forfeiture of Annual Leave. Restoredannual leave, if unused at the expiration of thetime limitation, is forfeited with no further rightto restoration.

050407. Lump-Sum Payment. Upon separation,employees entitled to lump-sum payment shallbe paid for their unused restored annual leave ifsuch leave has not been forfeited. If the leave isforfeited because of an administrative error, aclaim must be filed within 3 years of the dis-covery of the administrative error leading to theforfeiture (5 U.S.C. 6304(e)) (reference (b)). Em-ployees entering active duty in the Armed Forcesmay not elect to have leave remain to their credituntil their return from active duty (5 U.S.C. 5552and 6304) (reference (b)). See section 0307 foradditional information on lump-sum leavepayments.

050408. Unlimited Annual Leave Carryover

A. Section 6304(d) of 5 U.S.C. (refer-ence (b)) was amended so that civilian DoD em-ployees who are employed at installations thatare facing planned base closures may carry intothe next leave year more than 240 hours ofannual leave. Annual leave accumulated inexcess of 240 hours at closing bases under thisprovision will be considered restored leave. Thisprevision is effective October 23, 1992, and doesnot cover leave restored before that date, andwill expire December 31, 1997. For employeeswith annual leave restored under Section 4434 ofP.L. 102-484 (reference (e)) who transfer prior tobase closure or as a result of base closure, theexpiration date to schedule and use the leavewill be the end of the leave year ending 2 yearsafter the date of transfer. If a decision is madethat relocation from the closing installation willbe within the commuting area, the expirationdate to schedule and use the annual leave re-stored under Section 4434 of P.L. 102-484 (refer-ence (e)) will be the end of the leave year ending2 years after the date of the decision.

B. Civilian personnel offices willfurnish civilian payroll offices with listings bythe end of each leave year that identify eachemployee who is eligible (including those whowere eligible in prior years and those who arenewly eligible) for restoration of annual leaveunder this provision. The list will contain eacheligible employee’s full name, SSN, and employ-ing activity. The list should be labeled “Employ-ees eligible for annual leave restoration underSection 4434 of P.L. 102-484,” or an equivalentheading, and it should be signed by the person-nel officer. This listing should be separate anddistinct from any employee listing, form, ormemorandum which is used to inform civilianpayroll offices that an employee’s annual leaveis to be restored under previsions of 5 C.F.R630.306 (reference (1)).

0505 RESTORED LEAVE RESULTINGFROM CORRECTION OF UNJUSTIFIED ORUNWARRANTED PERSONNEL ACTION

050501. Annual leave that is restored to anemployee as a result of the correction of anunjustified or unwarranted personnel action in

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excess of the maximum leave accumulationauthorized by law must be credited to a separateleave account for use by the employee (5 C.F.R.550.805(g)) (reference (l)) and (FPM Supplement990-2, Book 550, paragraph S8-8) (reference (k)).This restored leave shall be referred to as rein-stated leave. Annual leave in such a separateaccount must be scheduled and used as provid-ed in the following subparagraphs. If leave isnot used within the prescribed time frames, itshall be forfeited. See 5 U.S.C. 5596(b)(1)(B)(reference (b)).

A. Full-Time Employees. Excessannual leave of 416 hours or less must be sched-uled and used by the end of the leave yearending 2 years after the date on which the leaveis credited to the separate account. This periodis extended by 1 year for each additional 208hours of excess annual leave or any portionthereof. See Table 5-3.

B. Part-Time Employees. These em-ployees shall schedule and use excess annualleave in an amount equal to or less than 20percent of the employee’s scheduled tour ofduty over a period of 52 calendar weeks by theend of the leave year ending 2 years after thedate on which the annual leave is credited to theseparate account. This period shall be extendedby 1 leave year for each additional number ofhours of excess annual leave or any portionthereof, equal to 10 percent of the employee’sscheduled tour of duty over a period of 52calendar weeks. See Table 5-3.

0506 COMPENSATORY TIME USED

050601. Compensatory time off in lieu ofovertime pay derives from entitlement to pay forovertime work (i.e., work in excess of 8 hours ina day or 40 hours in a week, ordered in advanceby management). Additionally, compensatorytime off is extended to both GS and FWS em-ployees working a flexitime schedule; however,only GS employees are authorized compensatorytime off under compressed schedules. Refer to5 U.S.C. 6122,6123,6127, and 6128 (reference (b))and 5 C.F.R. 550.114 (reference (1)).

050602. Compensatory time off must be grant-ed to an employee within a reasonable time after

the overtime is worked. The limit for the use ofcompensatory time is the end of the 26th payperiod after that in which the overtime wasworked. The unused compensatory time shallthen be paid at the overtime rate at which it wasearned. National Guard Technicians may not bepaid overtime and must use compensatory timewithin 26 pay periods after it is earned.

050603. When an employee separates or trans-fers to another employing activity, unusedcompensatory time balances shall be paid at theovertime rate in effect when the compensatorytime was earned. Title 32 National Guard tech-nicians shall forfeit any unused compensatorytime when they separate or transfer to anotheremploying activity.

0507 COMPENSATORY TIME OFF FORRELIGIOUS REASONS

050701. Section 5550a of 5 U.S.C. (reference (b))provides for compensatory time off for religiousobservances. An employee whose personalreligious beliefs require not working duringcertain periods of time may elect to work com-pensatory time for the time lost to meet thosereligious requirements. An employee whoworks compensatory time for religious reasonsshall be granted equal compensatory time offfrom the scheduled tour of duty (5 C.F.R.550.1002) (reference (l)). See subparagraph030302.F. for additional information regardingcompensatory time off for religious reasons.

0508 LEAVE-SHARING PROGRAMS (VOL-UNTARY LEAVE TRANSFER AND VOLUN-TARY LEAVE BANK)

050801. General. The “Federal EmployeesLeave Sharing Amendments Act of 1993,” P.L.103-103 (reference (e)), makes permanent thevoluntary leave transfer and voluntary leavebank programs. The Act requires all agencies tooperate a leave transfer program, allows allagencies to establish leave banks at any time,permits employees to participate in both pro-grams, eliminates the requirement to count anyadvanced leave an employee may have whendetermining whether the employee qualifies tobe a leave recipient, and permits leave recipientswho exhaust transferred leave to use leave

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accrued while in a transferred leave status. TheAct took effect on February 5, 1994. Under P.L.100-566 (reference (e)), leave sharing programsfor Federal workers were experimental andwould have terminated on October 31, 1993.

050802. Voluntary Leave Transfer Program. Inaccordance with 5 C.F.R. 630.901 et seq. (refer-ence (1)), Federal employees may donate annualleave to other employees who need leave be-cause of a medical emergency. Medical emer-gency used herein is defined as a medical condi-tion of an employee or a family member of anemployee (as defined in 5 C.F.R. 630.902) (refer-ence (l)) that may require an employee’s absencefrom duty for a prolonged period of time andresult in a substantial loss of income to theemployee because of the unavailability of paidleave.

A. Interagency leave transfer ismandatory if any of the following conditions aremet:

1. If a family member of a leaverecipient is employed by another agency andrequests the transfer of annual leave to the leaverecipient.

2. If, in the judgment of theleave recipient’s employing agency, the amountof annual leave transferred from leave donorsemployed by the leave recipient’s employingagency may not be sufficient to meet the needsof the leave recipient.

3. If, in the judgment of theleave recipient’s employing agency, acceptance ofleave transferred from another agency wouldfurther the purpose of the Voluntary LeaveTransfer Program (5 C.F.R. 630.906(f) (reference(1)).

B. Leave donors may not contributeto an immediate supervisor. The annual leavedonated must be accrued and available at thedate of donation. The maximumannual leave that may be donatedleave year shall be the lesser of

1. One-half of theannual leave he or she would be

amount ofduring the

amount ofentitled to

accrue during the leave year in which the dona-tion is made; or

2. The number of hours remainingin the leave year (as of the date of the transfer)for which the leave donor is scheduled to workand receive pay.

These limitations may be waived according tothe agency’s established written criteria. Thewaivers shall be documented in writing.

C. The donated leave maybe used bythe recipient only for the documented medicalemergency. It may not be used for any otherpurpose. The law provides that a leave recipientwill earn annual and sick leave while usingdonated leave, but only up to 40 hours of each,which are placed in separate accounts for useafter the recipient exhausts all donated leave orthe medical emergency ends. An employee mayuse any annual or sick leave accrued while in ashared leave status if the medical emergencycontinues after the leave recipient exhausts alltransferred leave. Leave accrual for employeeswho use donated leave intermittently shall beprorated between the regular leave accounts andthe separate leave accounts until the maximumaccrual is reached or termination of the emergen-cy. Accruals are prorated based on the numberof hours of donated leave used within the payperiod.

D. Upon termination of the medicalemergency, the unused donated leave shall betransferred pro rata back to each donor (5 C.F.R.630.91 1) (reference (1)). Each donor has an elec-tion as to how the leave is to be recredited fromthe following options:

1. Crediting the donated annualleave to the donor's annual leave account in thecurrent leave year;

2. Crediting the donated annualleave to the donor's annual leave account effec-tive as of the first day of the first leave yearbeginning after the date of election; or

3. Donating such leave in wholeor part to another leave recipient.

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E. The civilian payroll office shallprocess all leave balances, restore unused balanc-es and track the identified civilian payroll officecost.

050803. Voluntary Leave Bank Program. Underthe Voluntary Leave Bank Program (5 U.S.C.6361-6373) (reference (b)) and (5 C.F.R. 630.1001et seq.) (reference (1)), employees can make aspecified contribution of annual leave to theiragency’s leave bank in order to become leavebank members. See 5 C.F.R. 630.1004 (g)through (i) (reference (1)) for minimum leavecontributions. Should a leave bank memberexperience a medical emergency, he or she canapply to the leave bank board for withdrawal ofannual leave from the leave bank.

050804. Participation in Both Programs. Thelaw permits an employee to participate in bothleave transfer and leave bank programs in thesame agency for the same medical emergency ifhis or her agency has established both programs.

0509 HOLIDAY

050901. When No Work Is Performed. An em-ployee in a pay status on either the regularlyscheduled workday preceding a holiday or onthe regularly scheduled workday succeeding aholiday is entitled to straight-time pay for theholiday, regardless of his status on the holidaynot worked.

A. Regular full- t ime employeesreceive their regular straight-time pay, includingnight differential and shift differential, for holi-days on which they are not required to work.

B. Part-time employees receive theirregular pay for holidays falling on their regular-ly scheduled workdays. When an installation isclosed for an “in lieu of” holiday that falls on apart-time employee’s regularly scheduled work-day and the employee is prevented from work-ing on that day, the installation may excuse theemployee from duty by an administrative orderor grant the employee annual leave or LWOP forthe hours scheduled to be worked on that day.

C. Intermittent employees, includingexperts and consultants, with no regularly sched-uled tour of duty receive no compensationunless actual work is performed.

050902. When Work Is Performed. See holidaypremium pay provisions in paragraph 030305.

0510 CREDIT HOURS

051001. Credit hours may be worked only byemployees on flexible schedules. Credit hoursare hours in excess of the basic work require-ment, but within the tour of duty. Credit hoursshall be earned and used in the same incrementsas other leave. Credit hours are earned whenwork is performed at the option of the employee.The hours are in excess of the employee’s basicwork requirement (8 hours in a day, 40 hours ina week or 80 hours in the biweekly pay period).Credit hours are distinguished from overtimehours in that they are not officially ordered inadvance by management. See 5 U.S.C. 6121-6126(reference (b)).

051002. A full-time employee may accumulatenot more than 24 credit hours to be carriedforward for credit against a later pay period. The24 credit hours carried forward must be account-ed for the same as other types of leave (5 U.S.C.6126) (reference (b)).

051003. A part-time employee is limited to thecredit bouts to be carried forward on a pro ratabasis. For carry-over purposes, a part-timeemployee may carry over credit hours from 1biweekly pay period to a subsequent biweeklypay period, in an amount equal to 25 percent ofthe biweekly scheduled hours of work.

051004. The employee receives no additionalpay for credit hours when these hours are credit-ed to his or her account. Credit hours are con-sidered a part of the basic work requirement(nonovertime work) in the biweekly pay periodto which they are applied. An employee isentitled to his or her basic rate of pay for credithours. Credit hours shall be paid at the employ-ee’s current hourly rate when an employee is nolonger subject to a flexible work schedule pro-gram or upon separation (5 U.S.C. 6126(b))(reference (b)). For full-time employees not more

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than 24 accumulated credit hours can be paid.For part-time employees, credit hours which arenot more than 25 percent of such employee’sbiweekly scheduled hours can be paid.

051005. Credit hours shall not be used by anemployee to increase the entitlement to overtimepay. An employee shall not be paid Sunday payor holiday pay for credit hours. Whether anemployee is entitled to night pay for credit hourson the workday in which taken depends on therules for night pay. Credit hours shall be con-sidered daytime hours whenever possible. Forexample, if an employee’s schedule includesdaytime and nighttime hours, credit hours maybe applied only to the daytime portion of theschedule. An employee has the right to useearned credit hours, subject to the activity’sauthority to approve the time at which they maybe used (5 U.S.C. 6123(c)) (reference (b)).

051006. Them is no limit on the number ofcredit hours which may be accumulated duringthe biweekly pay period. Any credit hoursworked in a pay period that exceed the 24-hourmaximum carryover must be taken during thatpay period, or they will be forfeited.

0511 TIME OFF AS AN INCENTIVEAWARD

051101. Authorized by 5 U.S.C. 4502(e) (refer-ence (b)), a time-off award may be granted inlieu of cash (5 C.F.R. 451.301-451.307) (reference(1)). See subparagraph 031102.C. for additionalinformation.

0512 EXCUSED ABSENCE

051201. General. Excused absence is an ab-sence from duty, administratively authorized,without loss of pay and without charge to leave.Agency heads or their designees have authorityto grant excused absence in limited circumstanc-es for the benefit of the agency’s mission or aGovernment-wide recognized and sanctionedpurpose. The following are some of the morecommon situations in which agencies generallyexcuse absence without charge to leave. SeeFPM Chapter 630, Subchapter 11 (reference (am))and DoD 1400.25-M, CPM Supplement 990-2,630.S11 (reference (u)).

051202. Blood Donation. Employees who serveas blood donors shall be excused from workwithout charge to leave for the time necessary todonate the blood, for recuperation followingblood donation, and for necessary travel to andfrom the donation site (30 Comp. Gen. 521(1951)) (reference (p)). The maximum excusaltime shall not exceed 4 hours except in unusualcases. When an employee must travel a longdistance, or when unusual need for recuperationoccurs, up to an additional 4 hours may beauthorized.

051203. Closure of Installations or Activities.When employees are prevented from workingdue to extreme weather conditions or othersevere disruptions, administrative leave may begranted.

051204. Tardiness and Brief Absence. Excusalfor tardiness and brief absences is limited toperiods of less than 1 hour. The absence mayalso be compensated for by additional work ormay be charged against any compensatory timethe employee may have to his or her credit ormay be charged to annual leave, LWOP (withthe employee’s consent), or AWOL.

051205. Registering and/or Voting. Excusalfrom duty for registering and /or voting in anyelection or referendum for a reasonable period oftime is authorized. Generally, employees areexcused from duty to permit them to report forwork 3 hours after the polls open or to leavework 3 hours before the polls close, whicheverresults in the lesser amount of time off. Employ-ees on flexible work schedules will be excusedonly for those hours which cannot be accom-modated by their flexible schedules.

051206. Taking Examinations. This appliesonly to exams given by or taken at the request ofthe employing activity. Employees shall beexcused, without charge to leave or loss of pay,for all examinations required for converting tocareer-conditional appointments or for requirednoncompetitive examinations within the sameemploying activity.

051207. Attending Conferences or Conventions.Employees may be excused to attend conferencesor conventions when it is determined that the

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attendance will serve the best interest of theFederal service. Excused absence of this typeshall be limited to 5 working days per calendaryear. Such absences may be restricted to thosesituations in which the employee is an officialrepresentative of the organization involved or isa contributor on the agenda. Employees shallnot be excused to attend conferences or conven-tions of political parties or partisan politicalgroups or committees.

051208. Representing Employee Organizations.Representative leave hours shall be reported bythree separate categories. The categories arenegotiations, on-going labor and managementcommittees, and grievance and appeals. Absencecharged as representative leave maybe subject tothe provisions of local negotiated agreementsand/or supervisory approval.

0513 COURT LEAVE

051301. Employees are authorized court leavewith pay when summoned in connection toserve as a juror, or as a witness in a nonofficialcapacity on behalf of any party in connectionwith any judicial proceeding to which the UnitedStates, the District of Columbia, or a State orlocal government is a party. See 5 U.S.C. 6322(reference (b)).

051302. If an employee is on annual leavewhen called for jury duty or witness service,court leave shall be substituted. No charge shallbe made to annual leave for the court service.

051303. An employee who is under propersummons from a court to serve on a jury shouldbe granted court leave for the entire period,regardless of the number of hours per day ordays per week he actually serves on the juryduring the period. Jury service for which anemployee is entitled to court leave does notinclude periods when the employee is excused ordischarged by the court, either for an indefiniteperiod, subject to call by the court or for adefinite period in excess of 1 day. Therefore, anemployee may be required to return to duty orbe charged annual leave if excused from juryservice for 1 day or even a substantial part of aday. The employee may not, however, be re-

quired to return to duty if it would work ahardship on him or her.

051304. Intermittent employees are not eligiblefor court leave (49 Comp. Gen. 287 (1969)) (refer-ence (p)).

051305. Nonexempt employees shall not havetheir pay reduced under FLSA (reference (n))due to court leave for jury duty or witnessservice during their regularly scheduled tour ofduty. The Comptroller General has determinedthat the court leave provision, 5 U.S.C. 6322(reference (b)), provides authority to pay nonex-empt employees the same pay as they otherwisewould receive for their regularly scheduled tourof duty in the biweekly pay period under FLSA(62 Comp. Cen. 216 (1983)) (reference (p)).

051306. When an employee is called for courtservice (as a witness or juror), the court order,subpoena, or summons, if one was issued, mustbe presented to the supervisor as far in advanceas possible.

051307. Employees who perform jury dutyservice on behalf of

A. A State or local court are paid juryduty fees;

B. The United States or District ofColumbia government are not paid jury dutyfees (5 U.S.C. 5537) (reference (b)).

051308. Employees who perform witnessservice on behalf of

A. A State or local government in anonofficial capacity are paid witness fees.

B. A private party in a nonofficialcapacity to which the United States, District ofColumbia, or a State or local government is aparty are not paid witness fees.

051309. Fees received for jury duty and witnessservice performed in subparagraphs 051307.A.and 051308.A. cannot be retained by the employ-ee. The employee must submit fees received forjury or witness service by money order or per-sonal check to the employing activity. A certifi-

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cate of attendance from the clerk of the courtmust also be submitted. The certificate showsinclusive dates of jury duty or witness serviceand amount of fees the court paid to the employ-ee. The certificate of attendance should separate-ly identify fees and allowances. Fees received bythe employee are collected while allowances arenot. If the certificate of attendance does notidentify allowances separately, all monies areconsidered fees and shall be collected. Theemployee may keep reimbursements for expens-es received from the court, authority, or partythat caused the employee to be summoned andmay keep fees that exceed the employee’s com-pensation for the days of service. An employeeserving on a jury in a State or local court whowaives or refuses to accept jury fees is still liableto the U.S. Government for the fees he or shewould have received.

051310. Fees should not be paid for jury dutyor witness service performed in subparagraphs051307.B. and 051308.B. However, if fees arepaid to an employee while serving in a nonoffi-cial capacity, fees paid cannot be retained by theemployee. Such fees must be turned in to theemploying activity. An employee may keepreimbursements for expenses received from thecourt, authority, or party that caused the em-ployee to be summoned.

051311. Employees who perform witnessservice in an official capacity on behalf of theU.S. or District of Columbia Government, a Stateor local government, or a private party shall notbe paid witness fees nor shall the time served asa witness be charged to court leave or annualleave. The time shall be recorded as officialduty. If any fees are paid, they must be turnedin to the employing activity.

051312. Employees who testify in a nonofficialcapacity on behalf of a private party to whichthe United States, District of Columbia, a State,or local government is not a party are not enti-tled to court leave. The employee must takeannual leave or LWOP. He or she is entitled tothe fees and expenses related to such witnessservice.

051313. When a holiday occurs during the timean employee is on jury duty or witness service,

the employee can keep the jury duty or witnessservice fee paid for the holiday.

051314. If an employee is called to jury duty ona nonworkda y, the employee may keep the feespaid.

051315. Monies submitted for fees collected byemployees for jury duty or witness service shallbe accounted for on a DD Form 1131. Under 5U.S.C. 5515 (reference (b)), the appropriation andaccounting classification that paid the employee’ssalary while on jury duty or witness service willbe credited with these monies.

051316. See Table 5-4 for employee absences forcourt or court-related services.

051317. Fees not submitted in a timely reamerare subject to payroll deduction. Payroll deduc-tions to collect the fees will be made in the nextregular pay period.

0514 MILITARY LEAVE

051401. General. Public Law 96-431 (reference(e)), as codified at 5 U.S.C. 6323 (reference (b)),provides that effective October 1, 1980, militaryleave shall be made available to eligible employ-ees on a fiscal year rather than a calendar yearbasis; unused military leave up to 15 calendardays shall be allowed to accumulate for subse-quent use; and eligible part-time employees, asdefined by 5 U.S.C. 3401(2) (reference (b)), areentitled to military leave on a prorated basis.Employees with temporary appointments of 1year or less, or intermittent work schedules arenot entitled to military leave. Employees withappointments exceeding 1 year are entitled tomilitary leave.

051402. Recording Military Leave. At thebeginning of each fiscal year (1 October) eligiblefull-time employees shall be credited with 15calendar days of military leave. Eligible part-time employees shall be credited with leave ona prorated basis. The percentage is determinedby dividing 40 into the number of hours in theemployee’s regularly scheduled workweekduring that fiscal year. Any portion of the leaveunused at the end of the fiscal year, not toexceed 15 days, shall be carried forward to the

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next fiscal year. New eligible employees andnew members of Reserve components shall becredited with the full 15 days (prorated if em-ployed part-time) when entering upon duty orupon joining the Reserve unit. It shall not beprorated for a partial year.

051403. Military Leave Charges. To substanti-ate leave charges, an employee is required tosubmit a copy of the orders directing him or herto active military duty and a certified verificationof attendance indicating completion of trainingduty upon return to duty from military leave.Military leave is charged on a calendar-daybasis. No charge is made to nonworkdays at thebeginning and end of a period of absence onactive military duty, but all intervening non-workdays falling within the period of activemilitary duty must be charged to military leave.If an employee has separate sets of orders ororders which cover separate periods of time,with return to civilian status between the periodscovered in the orders, military leave shall not becharged for the time the employee is returned tocivilian status. Military leave may be takenintermittently, a day at a time, or all at one time,regardless of the number of training sessions.

051404. Effective Date of Separation for Mili-tary Duty. Before a Reserve or National Guardmember is separated from civilian employment,the member must be given the chance to use anyaccrued military leave. If a member takes mili-tary leave and is then separated, the date theseparation is effective shall be the date themilitary leave expires.

051405. Pay Status Rewired. A maximum of30 days of military leave can be used in anyfiscal year. The military leave may be usedduring one or more periods of military dutyduring the fiscal year. Employees can take thefull 15 days of military leave immediately at thebeginning of a fiscal year even if up to a maxi-mum of 30 days had been taken during the priorfiscal year and even if the military duty is con-tinuous (70 Comp- Gen. 263 (1991)) (reference(P)).

051406. Nonexempt employees shall not havetheir pay reduced under FLSA due to militaryleave for training. Employees shall receive the

same pay as they would otherwise receive fortheir regularly scheduled biweekly tour of duty.

051407. Permanent or temporary indefiniteemployees who as Reserve or National Guardmembers provide military aid to enforce the lawor assistance to civil authorities in the protectionor saving of life or property or the prevention ofinjury are also entitled to leave not to exceed anadditional 22 workdays in a calendar year asoutlined in 5 U.S.C. 6323(b) (reference (b)). Acopy of the orders and a certificate of attendanceis required. Leave granted for these purposesare charged in hours. The 22 workdays areconverted to 176 hours and charged on the samebasis as annual and sick leave. An employeeworking an uncommon tour of duty shall havethis additional leave entitlement adjusted on apro rata basis (49 Comp. Gen. 233 (1969)) (refer-ence (p)).

051408. Employees who are members of theNational Guard of the District of Columbia areentitled to leave without loss in pay or time foreach day of a parade or encampment ordered orauthorized under title 39, District of ColumbiaCode (reference (an)). This covers each day ofservice, or a portion thereof, the National Guardis ordered to perform by the commanding gener-al. See 5 U.S.C. 6323(c) (reference (b)).

051409. Under the provisions of 5 U.S.C. 5519(reference (b)), an employee’s civilian pay isreduced by the amount (other than a travel,transportation, or per diem allowance) receivedby the employee for military service as a mem-ber of the Reserve or National Guard for aperiod for which he is entitled to leave under 5U.S.C. 6323(b) or (c) (reference (b). Refer tosubparagraph 080512. for further information.

0515 EDUCATORS LEAVE. See subpara-graph 070201.M. for educators leave.

0516 SHORE LEAVE

051601. An officer, crew member, or other em-ployee serving aboard an oceangoing vessel onan extended voyage may be granted leave ofabsence under 5 U.S.C. 6305(c) (reference (b))and 5 C.F.R. 630.701-630.704 (reference (1)) at arate not to exceed 1 day for each 15 calendar

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days of absence on one or more extended voyag-es. An employee has an absolute right to useshore leave, subject to the right of the head ofthe agency to fix the time at which shore leavemay be used.

051602. Shore leave accrues for service byemployees on an extended voyage. An extendedvoyage must be at least 7 consecutive calendardays long, including voyage-preparation time onboard the vessel.

051603. An employee earns shore leave at therate of 1 day of shore leave for each 15 calendardays of absence on one or more extended voyag-es. The master of the vessel will keep a recordof accrual and use of shore leave for each em-ployee.

051604. Civilian payroll offices shall acceptshore leave taken on the time and attendancereport.

051605. Shore leave may be granted during avoyage at the request of the employee. Anemployee must submit the request in writing, ifthe shore leave is denied, the denial must be inwriting.

051606. Shore leave is in addition to annualleave. It may be accumulated for future usewithout limitation.

051607. The minimum charge for shore leave is1 day. Additional charges are in whole days.

051608. Shore leave issum leave payment.

051609. Shorn leave isbefore:

not included for lump-

forfeited if not granted

A. Separation from the service; or

B. Official assignment (other than fortemporary detail) to a position in which theemployee does not earn shore leave. To theextent administratively practicable, the employ-ing activity shall give an employee an opportuni-ty to use the shore leave to his or her crediteither before the reassignment, or not later than6 months after the date of the reassignment

when the employing activity is unable to grantthe shore leave before the reassignment.

051610. At the time of an employee’s transfer toa position at another employing activity oragency, accumulated shore leave shall be trans-ferred if

A. He or she is entitled to shore leavein the new position, and

B. There is no break in service.

0517 HOME LEAVE

051701. Employees who met the requirementsof 5 U.S.C. 6304(b) (reference (b)) for the accu-mulation of a maximum of 45 days of annualleave earn home leave. Home leave is earnedfrom the day of arrival in a post of duty outsidethe United States or on the date of entrance onduty when recruited abroad. Employees earn 5,10, or 15 days of leave based on the criteriaestablished in 5 C.F.R. 630.604(a) (reference (l)).Employees may be granted home leave aftercompletion of a basic service period of 24months of continuous service abroad. Theminimum charge is 1 day and multiples thereof.There is no maximum accumulation. Balancesshall be retained on the SF 1150 for future use.Home leave is to be granted only during anemployee’s period of service abroad, or within areasonable period after return from serviceabroad when it is contemplated that the employ-ee will return to service abroad immediately oron completion of an assignment in the UnitedStates (unpub. Comp. Gen. Decision, B-147031,September 11, 1961, and February 5, 1962) (refer-ence (p)).

051702. An employee is indebted for the homeleave used when he or she fails to return toservice abroad after the period of home leave, orafter the completion of an assignment in theUnited States. However, a refund for this in-debtedness is not required when the employeehas completed not less than 6 months’ service inan assignment in the United States following theperiod of home leave; the employing activitydetermines that the employee’s failure to returnwas due to compelling personal reasons of ahumanitarian or compassionate nature, such as

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involving physical or mental health or circum-stances over which the employee has no control;or the employing activity which granted thehome leave determines that it is in the publicinterest not to return the employee to the over-seas assignment. Home leave can only be usedin the United States, Commonwealth of PuertoRico, or a territory or possession of the UnitedStates. See 5 U.S.C. 6305(a) (reference (b)) and 5C.F.R. 630.601-630.607 (reference (1)).

051703. Transfer and Recredit of Home Leave.An employee is entitled to have the home leaveaccount transferred or recredited when he or shemoves between agencies or is reemployed with-out a break in service of more than 90 days. Nolump-sum payment is made for home leave.

0518 FUNERAL LEAVE

051801. Funeral leave is granted to allow anemployee to make arrangements for, or to at-tend, the funeral or memorial service for animmediate relative who died as a result ofwounds, disease, or injury incurred while serv-ing as a member of the Armed Forces in acombat zone. Section 6326 of 5 U.S.C. (reference(b)) requires an activity to grant an employeefuneral leave as is needed and requested, not toexceed 3 workdays, without loss of or reductionin pay, leave to which he or she is otherwiseentitled, or credit for time or service, and with-out adversely affecting his or her performance orefficiency rating. The 3 days need not be consec-utive, but if not, the employee shall furnish theapproving authority satisfactory reasons justify-ing a grant of funeral leave for nonconsecutivedays. Combat zone means those areas deter-mined by the President under the authority of 26U.S.C. 112 (reference (z)). An activity may grantfuneral leave only from a prescribed tour ofduty, including regularly scheduled overtime.Immediate relatives are the following relatives ofthe deceased member of the Armed Forces:

A.

B.children, and

c.

Spouse and his or her parents;

Children, including adoptedtheir spouses;

Parents;

D. Brothers and sisters, and theirspouses;

E. Any person related by blood oraffinity whose close association with the de-ceased was the equivalent of a family relation-ship. See 5 U.S.C. 6326 (reference (b)) and 5C.F.R. 630.801-630.804 (reference (1)).

0519 CONTINUATION OF PAY (COP)AND OFFICE OF WORKERS’ COMPENSATIONPROGRAM (OWCP) For information on COPand OWCP, see section 0312. See subparagraphO5O1O4.B. for proration of leave.

0520 FURLOUGH

052001. General

A. U s e . A furlough action is theplacement of an employee in a temporary non-duty and nonpay status on a continuous basis(for example, 10 consecutive days), or a noncon-tinuous basis (for example, 1 day a week) be-cause of lack of work or funds or for othernondisciplinary reasons. An SF 50 must beissued for furlough. Reduction-in-Force (RIF)procedures under FPM Supplement 351-1 (refer-ence (so)) must be followed to furlough an em-ployee when the furlough will be for more than30 consecutive days (or more than 22 workdaysif done on a noncontinuous basis), if caused byone of the reasons in FPM Supplement 351-1,paragraph S2-3a(2) (reference (ao)), and is not inaccordance with preestablished conditions ofemployment.

B. Time Limit. An employee maybefurloughed for up to 1 year. The l-year limitbegins the day after the notice period ends andwhen the furlough begins.

C. Exclusions

1. Placement in nonpay andnonduty status in accordance with preestablishedconditions of employment is not a RIF action,but is covered by the requirements in FPMChapter 340 (reference (am)).

2. A furlough for 30 days or less(or 22 workdays or less if done on a noncontinu-

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ous basis) is not a RIF action but is covered bythe adverse action procedures.

0521 ABSENCE FOR MILITARY DUTY

052101. Whether an employee is placed on aleave of absence or military separation whileabsent on military duty depends on the authorityunder which he or she enters on military duty,A member of a Reserve component who per-forms active duty for training or inactive dutytraining covered under 38 U.S.C. 2024(d) (refer-ence (ap)) must be granted a leave of absenceupon request. Similarly, an employee is entitledto a leave of absence for the period required toreport for induction, enlistment, or to determineby preinduction or other examination theemployee’s physical fitness to enter the ArmedForces under 38 U.S.C. 2024(e) (reference (ap)).An absence to perform military duty under anyother section of 38 U.S.C. (reference (ap)) shouldordinarily be processed as a military separationexcept during a period of war or national emer-gency when the provisions of 5 U.S.C. 8332(g)(reference (b)) have been explicitly invoked. Inthis situation, all employees who enter on mili-tary duty will be granted a leave of absenceunless an employee has applied for and receiveda lump-sum credit under 5 U.S.C. Chapter 83.See 38 U.S.C. 2021 et seq. (reference (ap)); 5C.F.R. Part 353 (reference (l)); and FPM Chapter353 (reference (am)). Refer to paragraph 051404.for additional information.

0522 LEAVE WITHOUT PAY (LWOP)

052201. LWOP is a temporary nonpay statusand absence from duty granted at the employ-ee’s request. Employee requests for paid leaveabsence, such as annual or sick leave, when suchabsence converts to LWOP because of insuffi-cient leave available, are considered to be therequests for LWOP (FPM Chapter 630, Subchap-ter 12) (reference (am)).

052202. Authorizing LWOP is a matter ofadministrative discretion. An employee cannotdemand LWOP as a matter of right except asfollows:

A. Disabled veterans are entitled toLWOP if required for medical treatment underExecutive Order 5396, July 17, 1960.

B. Reserve and National Guardmembers are entitled to LWOP if required toperform military training duties under 38 U.S.C.2024(d) (reference (ap)). See paragraph 052101.

C. For limited periods, employees areentitled to LWOP if receiving injury compensa-tion under 5 U.S.C. Chapter 81 (reference (b)).

052203. LWOP granted an employee may not ata later time be converted to annual or sick leaveexcept in the case of administrative error, partici-pation in the voluntary leave transfer or volun-tary leave bank programs, disability retirementand employee compensation cases in whichclaims are disallowed or when them has been asettlement or an order of an arbitrator, adminis-trative law judge, or Federal judge in an employ-ee dispute.

052204. When the number of LWOP statushours in a full-time employee’s leave year equalshis or her biweekly tour of duty (i.e., 80,112,144hours), the employee’s leave accrual is reducedby an amount equal to the amount of leave (sickand annual) earned during a pay period. Whenreduction of accrual is required during the lastpay period in the calendar year for an employeein the 6-hour leave accrual category (entitled toaccrue 10 hours of leave in such period), leaveaccrual for that period shall be reduced only by6 hours. When an employee has one or morebreaks in service during the leave year, includeall hours in a LWOP status (other than nonpaystatus during a fractional pay period when noleave accrues). When an employee’s number ofLWOP hours at the end of the leave year is lessthan his or her biweekly tour of duty, the LWOPhours are dropped.

0523 ABSENCE WITHOUT LEAVE (AWOL)

052301. An absence from duty which is notauthorized or approved, or for which a leaverequest has been denied, is properly chained asAWOL although disciplinary action may betaken on the basis of AWOL (FPM Chapter 630,Subchapter 12) (reference (am)). It does not

164


necessarily mean that the employee has insuffi-cient reason for questing leave but that theemployee’s presence was required and thereason for requesting leave was one for whichapproval is not mandatory. AWOL shall becharged on the time and attendance report andleave record for the exact amount of time theemployee is AWOL.

052302. When the number of AWOL statushours in a full-time employee’s leave year equalshis or her biweekly tour of duty (i.e., 80,112,144hours), the employee’s leave accrual is reducedby an amount equal to the amount of leave(annual and sick) earned during a pay period.When reduction of accrual is required during thelast pay period in the calendar year for anemployee in the 6-hour leave accrual category(entitled to accrue 10 hours of leave in suchperiod), leave accrual for that period shall bereduced only by 6 hours. When an employeehas one or more breaks in service during theleave year, include all hours in a AWOL status(other than nonpay status during a fractional payperiod when no leave accrues). When anemployee’s number of AWOL hours at the endof the leave year is less than his or her biweeklytour of duty, the AWOL hours are dropped.

0524 SUSPENSION

052401. Suspension is the placement of anemployee in a temporary nonpay and nondutystatus for disciplinary reasons. An SF 50 mustbe issued for all suspensions. See 5 U.S.C.Chapter 75 (reference (b)) and 5 C.F.R. Part 752(reference (1)).

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Table 5-1, Leave Proration for Fractional Pay Periods

1 6 6


If the hours available to an employee are insufficient to cover the hours used or requested, theprecedence for charging the excess is as follows:

Table 5-2, Conversion Matrix

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I

Table 5-3, Time Limitations for Use of Reinstated Leave

168


* - Offset to the extent paid by the court, authority or party which caused the employee to be summoned.

Table 5-4, Employee Absences for Court or Court-Related Services

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