Overview of Federal Leave Categories

Advanced Sick Leave

Overview

Advance sick leave is considered for a serious disability, illness, incapacitation, or confinement for and after childbirth.

Limits and Conditions

  • Medical documentation is required.
  • Must be requested in advance.
  • Total Advanced sick leave may not exceed 30 days, or 240 hours

DO NOT APPROVE IF EMPLOYEE:

  • Is following special leave procedures
  • Return is unlikely
  • Ability to repay is unlikely

Annual Leave (AL)

Overview

Annual Leave is for vacations, rest and relaxation, personal business or emergencies. This also includes leave taken because of an employee’s illness, or the illness of a member of his/her family.

Employees have a right to take annual leave, subject to the right of their supervisor to schedule the time at which annual leave may be taken.

See also: NIH Employee Leave Guide - Annual Leave

Limits and Conditions

Depends on accrued balance and staffing needs of the unit management determines when employee uses it.

  • Leave should be requested in advance.
  • If denied, must be for a legitimate business reason (i.e., workload, staffing level, etc.).
  • Unscheduled leave requests should be rare.

Use or lose annual leave should be managed to avoid low staffing levels.

Annual leave can be advanced as much as the employee is projected to earn until the end of the leave year or if the employee is on a term appointment, until the end of the appointment.

Court Leave

Overview

Court Leave can be used if you must perform Jury duty in a Federal, state or municipal court or to serve as a witness in a judicial proceeding in which the US, DC or state or local Gov't is a party.

Limits and Conditions

  • Cannot be granted for jury or witness duty performed within a period of non-pay status -LWOP/AWOL
  • Employees serving on an intermittent or when actually employed basis are not eligible for court leave.
  • Documentation required

Excused Absence (Administrative Leave)

Overview

Excused absence is time off without charge to leave or loss of pay. This leave is sometimes referred to as administrative leave.

Some examples include but are not limited to:

  • Voting and voter registration
  • Job-related conferences
  • Blood donations (up to 2 hrs)
  • Visits to HR, EEO, or union representative, OMS related to on the job-related injuries/illness, or job related surveillance program

Limits and Conditions

  • May use up to 7 days of paid leave per calendar year to serve as an bone marrow donor.
  • May use up to 30 days to be an organ donor in addition to sick leave or annual leave.
  • Employees with fewer than 80 hours of accrued sick leave may be granted up to 4 hours for preventive health care
  • Admin leave is not typically granted during the process of a disciplinary action.

Family Medical Leave Act (FMLA)

Overview

The Family and Medical Leave Act of 1993 (FMLA) provides covered employees with an entitlement to a total of up to 12 weeks of unpaid leave (LWOP) during any 12 month period for certain family and medical needs.

  1. An employee may be granted FMLA LWOP by his/her supervisor in lieu of annual leave or sick leave, in cases of an employee’s illness or illness of a family member *, or
  2. When he/she, as determined by the health authorities having jurisdiction or by a health care provider, could jeopardize the health of others by his/her presence on the job because of exposure to a communicable disease

*Family Member is defined as spouse; son or daughter; or parent of employee.

See also: Family and Medical Leave Act Fact Sheet (OPM)

Federal Employment Entitlements Under the FMLA OF 1993 (OPM)

NIH Policy Manual 2300-630-5 - Family Leave Policies and Programs

Limits and Conditions

  • Employee must provide medical certification of the serious illness health condition.
  • FMLA may not be retroactively invoked.
  • Supervisors may require that the employee complete the appropriate FMLA Medical Certification Form (WH-380-E (DOL) for the employee’s serious health condition or WH-380-F (DOL) for a family member’s serious health condition).
  • FMLA may use for up to 12 weeks of unpaid leave per 12 month cycle
  • OR the employee may elect to use Annual Leave, Sick Leave or Voluntary Leave Transfer Program in lieu of LWOP (not comp time)
  • FMLA can be used intermittently

Leave Without Pay (LWOP)

Overview

Leave without pay (LWOP) is a temporary nonpay status and absence from duty that, in most cases, is granted at an employee's request.

An employee may be granted LWOP by his/her supervisor in lieu of annual leave or sick leave, in cases of:

  1. His/her own illness, or that of a family member; or
  2. When he/she, as determined by the health authorities having jurisdiction or by a health care provider, could jeopardize the health of others by his/her presence on the job because of exposure to a communicable disease
  3. To avoid a break in service for career or career conditional employee who are dependents of a military or Fed civilian employee who is transferred.

Limits and Conditions

Cannot be imposed as a penalty nor can employee be required to apply for LWOP in lieu of a suspension.

Military Leave

Overview

Military Leave is the authorized absence of an employee from official duty to perform FT active military duty, active or inactive for training or law enforcement.

Limits and Conditions

  • Must have official military orders calling member to duty
  • May be granted up to 15 calendar days per fiscal year.
  • Must have permanent appointment
  • Employees on temporary appointments with a 1 year NTE date are NOT eligible.
  • Employee may be eligible for additional 22 days per year

Sick Leave (SL)

Overview

An employee may use sick leave (OPM) if he/she is:

  1. Incapacitated for the performance of duties by a physical or mental illness, injury, pregnancy, or childbirth;
  2. Receiving medical, dental, or optical examinations or treatments; or
  3. Would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his/her presence on the job because of exposure to a communicable disease.

An employee may also use up to 104 hours of accrued sick leave each leave year to care for a family member or for bereavement purposes.

See also: NIH Employee Leave Guide - Sick Leave

Limits and Conditions

  • If absent for more than 3 days documentation may be required.
  • Must have a sick leave balance.

NIH Leave Bank Program

Overview

The NIH Leave Bank Program (Leave Bank) enables employees to contribute annual leave or restored annual leave to the Leave Bank. The leave from this bank is made available to Leave Bank Members who are projected to go into a non-pay status of at least 24 hours because of a personal or family medical emergency

Limits and Conditions

  • All Federal civilian employees may donate to the Leave Bank at any time.
  • Leave from the Leave Bank is only available to Members who meet Recipient criteria.
  • Requests for Membership can be submitted in ITAS during the Open Enrollment period. ITAS will automatically re-enroll each member until the employee opts out of the program. A membership contribution is required annually.
  • To receive donations, an employee must complete and submit the NIH Leave Bank Recipient Application Package no later than 30 calendar days after the end of the medical emergency.
  • To receive donations, an employee must be projected to exhaust all paid leave available, resulting in a non-pay status for at least 24 continuous hours.
  • Unused leave is returned to the Leave Bank.
  • Recipients are subject to caps, as determined by the Leave Bank Board no later than the end of February each year.

See also: NIH Leave Bank Program Website

Voluntary Leave Transfer Program (VLTP)

Overview

The Voluntary Leave Transfer Program (VLTP) allows participating Federal employees to share their accrued annual leave with other employees who are faced with economic hardship because of insufficient leave to cover a serious medical condition for themselves or a family member.**

**Family Member is defined as parent; spouse; parent of spouse; children & spouses of children; brothers, sisters & spouses thereof; "any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship."

See also: NIH Policy Manual 2300-630-5 - Family Leave Policies and Programs

Limits and Conditions

  • Medical documentation required
  • Non-pay status minimum 24 continuous hours.
  • Must complete NIH VLTP Request application.
  • Must remain eligible to receive donations.
  • Must exhaust own leave
  • Annual leave or restored annual leave donations only.
  • Donors may be from other agencies.
  • Unused leave restored.