SECTION 9. LEAVE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000701780010-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 29
• Document Creation Date: December 23, 2016
• Document Release Date: March 13, 2013
• Sequence Number: 10
• Publication Date: November 30, 1981
• Content Type: REGULATION

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PART I
SECTION 9. LEAVE
9-1 LEAVE YEAR
The leave year is defined as the period from the beginning of the
first complete pay period in a calendar year to the beginning of the first
complete pay period in the following calendar year.
9-2 ACCRUAL OF LEAVE
Annual and sick leave shall accrue to an employee during each full
biweekly pay period while in a pay status or in a combination of pay and non-
pay status. No leave is earned for any partial pay period. (See Time and
Attendance Manual.) However, a deduction of the number of hours of annual and
sick leave accrued in one biweekly period must be made for each 80 hours the
employee is in a nonpay status during a leave year.
9-2.1 Annual Leave Accrual Rate
Four hours a pay period[full-time employees]with less than three
years' service; six hours a pay period for those with three but less than 15
years of service (except that ten hours earned last complete pay period of
each year for employees in this category, regardless of when they reached the
six-hour category); and eight hours a pay period for those with 15 or more
years of service. [Part-time employees must have a regularly assigned tour of
duty on at least one-day of each week in the pay period. Part-time employees
with less than three years' service earn one hour of annual leave for each 20
hours in a pay -status. Those with three but less than 15 years of service
earn one hour of annual leave for each 13 hours in a pay status. Part-time
employees with 15 or more years of service earn one hour of annual leave for
each ten hours in a pay status.] Creditable[service]includes other Government
and military service.
9-2.2 Sick Leave Accrual Rate
[Full-time employees earn sick leave at the rate of four hours for
each full biweekly pay period. Employees who work on a part-time basis with
an established tour of duty earn sick leave at the rate of one hour for each
twenty hours of duty. Credit for part-time employees may not exceed four
hours of sick leave for eighty hours of duty in any pay period.]
9-2.3 Extra Home Leave Earnings for Employees Stationed Outside the
United States
An employee stationed at San Juan will earn, for each year of
absence from the United States, five days of leave over and above the regular
earning of annual leave, to be used for home leave in addition to the annual
leave plus travel time customarily granted for that purpose.
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SECTION 9. LEAVE
9-3 ACCUMULATION OF LEAVE
9-3.1 Annual Leave
9-3.1.1 Employees Stationed in United States
(1) Maximum of 30 days as of the beginning of the first pay
period in leave year may be accumulated by employees stationed in United
States.
(2) Employees who had in excess of 30 days' accumulated leave as
of 12-21-52 retain such balance until it is reduced by taking more leave than
earned in any leave year.
(3) Alaska - Employees stationed in Alaska on 1-11-59 retain
balance to their credit on such date until it is reduced by taking more leave
than earned in any leave year.
(4) Hawaii - Employees stationed in Hawaii on 8-21-59 have
maximum accumulations determined as follows:
(a) Thirty days for those employees with less than 30 days
on 8-21-59.
(b) Employees who had in excess of 30 days on 8-21-59 retain
such balance (up to 45 days) until it is reduced by taking more leave than is
earned in any leave year.
. (c) Certain employees in Hawaii will have an accumulation in
excess of 45 days by virtue of 12-21-52 ceiling, and such accumulation will be
retained until it is reduced by taking more leave than earned in any leave
year.
9-3.1.2 Employees Stationed Outside United States
(1) Maximum of 45 days as of beginning of the first pay period in
leave year may be accumulated by employees stationed outside .the United States
provided they fall into one of the following categories:
(a) Persons directly recruited or transferred from the
United States by the Federal Government.
(b) Persons employed locally but who were either originally
recruited from the United States and have been in substantially continuous
employment with other Federal agencies and whose conditions of employment
provide for their return transportation to the United States or those who were
at the time of their employment temporarily absent from the United States for
purposes of travel or formal study and who maintained their residence in the
United States.
(c) Persons who are not normally residents of the overseas
area concerned but who were discharged from the military service of the United
States to accept Federal employment.
(2) If an employee has an accumulation of annual leave in excess
of the 30 days' maximum accrual, upon transfer to a position within the United
States, the maximum accumulation is the amount credited to the employee as of
the date of departure for the United States but may not exceed 45 days, unless
as of 12-21-52 employee's accumulation was higher.
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SECTIO01 9. LEAVE
9-3.2 Sick Leave
No restriction on the amount accumulated.
9-4 FORFEITURE OF ANNUAL LEAVE
Employees mustuse all annual leave earned above their maximum
allowable carry-over by the end of the leave year or forfeit all accumulated
annual leave over and above their maximum allowable carry-over. Forfeited
annual leave, under circumstances noted under RESTORATION OF[FORFEITED]ANNUAL
LEAVE, may be recredited temporarily for later use.
1 9-5 (RESTORATION OF FORFEITED ANNUAL LEAVE
(1) Circumstances under which annual leave forfeited at the end
of the leave year may be restored:
(a) An administrative error (e.g., incorrect service
computation date, failure to change a leave accrual rate, incorrect
calculations on time and attendance records, etc.) which results in forfeiture
of annual leave otherwise accruable after June 30, 1960.
(b) A period of sickness of at least one day which occurs
during a period of "annual leave scheduled in advance" that results in a
reduction in the charge of annual leave. In addition, the period of sickness
has to be of such duration or occur so late in the year that the resulting
excess annual leave cannot be rescheduled and used prior to the end of the
leave year.
(c) "Annual leave scheduled in advance" (annual leave
scheduled and approved in writing prior to the start of the third biweekly pay
period before the end of the leave year) is subsequently cancelled by a
supervisor because of an exigency of public business (i.e., unexpected work
situations which clearly require the service of the employee) and the excess
annual leave cannot be rescheduled and used prior to the end of the leave
year. The use of annual leave, compensatory time off, or leave without pay
after a cancelled period of scheduled annual leave (unless covered by a
separate period of "annual leave scheduled in advance") is considered as
rescheduled and used annual leave, or as available time for annual leave
usage. Therefore, such time off is subtracted from any excess leave otherwise
eligible for restoration.
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SECTION 9. LEAVE
(2) Requirements that must be met before forfeited annual leave
may be restored:
(a) Each employee requesting restoration of forfeited annual
leave must complete DOJ Form-364.
(b) Requests must be supported by specific documentation
which includes the following:-
1. Leave requests, FD-282, showing that annual leave
for specific dates was scheduled and approved in writing prior to the start of
the third biweekly pay period before the end of the leave year. The
documentation must show the date the leave was approved by an official having
authority to approve leave and the amount of leave (days/hours) that was
scheduled for use. Copies of leave requests must be attached to the completed
DOJ Form-364 at the time of submission.
2. Documentation showing the supervisor's reason(s) for
subsequent cancelling of approved leave, or doctor's certificates for periods
of sickness which occurred during annual leave that was scheduled in advance.
3. Documentation showing the reason(s) why cancelled
leave or excess leave resulting from a period of sickness could not have been
rescheduled and used prior to the end of the year.
A. Documentation showing the attempts that were made to
reschedule the excess annual leave, including the date(s) during which the
leave was rescheduled for use and the amount of leave (days/hours) that was
rescheduled for use. Copies of leave requests must be attached to the
completed DOJ Form-364 at time of submission.
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SECTION 9. LEAVE
5. Documentation showing the amount of leave
rescheduled and used, or rescheduled and subsequently cancelled.
(c) Public law prohibits the determination that "A bona fide
work exigency exists" being made by an official whose leave would be affected
by the decision, therefore, SACs and division heads may not make this
determination in those cases where their own leave or an ASAC's leave must be
cancelled. In those situations, FBIHQ will make this determination.
(d) After review and approval of the restoration request,
the SAC or division head submits the DOJ Form-364 along with all appropriate
documentation to FBIHQ, Administrative Services Division, Pay and Position
Management Unit.
(3) Use of Restored Leave. Management and employees should plan
and schedule restored leave for use as expeditiously as possible but not in a
manner that will cause forfeiture of regular annual leave. The amount of
restored leave does not in any way change an employee's normal maximum
permissible carryover of annual leave into the new leave year. Restored
annual leave is maintained temporarily in a separate leave account.
(4) Time Limit for Use of Restored Leave. Restored annual leave
must be scheduled and used no later than the end of the leave year ending two
years after the approved restoration date. Restored leave not used within the
authorized time period will be forfeited and cannot be restored again.
(5) Lump Sum Payments. An employee is entitled to a lump sum
payment for restored annual leave if he or she was separated prior to
restoration or is separated prior to expiration of the time limit for use of
restored leave.]
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SECTION 9. LEAVE
9-6 GRANTING LEAVE
Note: An employee cannot be required to perform work for those
hours of leave charged against his or her account.
9-6.1 Annual Leave
Annual leave is provided and used for two general purposes, which
are:
(1) To allow every employee an annual vacation period of extended
leave for rest and recreation, and
(2) To provide periods of time off for personal and emergency
purposes.
9-6.1.1 Approval
The taking of annual leave is an absolute right of the employee,
subject to the right of the division head to fix the time at which leave may
be taken.
(1) As delegated by division head, supervisor of employee may
approve leave.
confirmed.
(2) Prior to departing on leave, approval of leave must be
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SECTION 9. LEAVE
9-6.1.2 Scheduling
Principles of sound management dictate that each division head
ensure that scheduling of annual leave does not adversely affect the ability
of the division to adequately discharge its responsibilities throughout the
year, including the various holiday periods.
(1) Insofar as possible, extended periods of scheduled annual
leave should be distributed evenly throughout the year, so as to avoid the
situation where a significant number of employees request leave for the same
period of time, thereby impairing the operation of the division.
(2) There is no limit on the amount of annual leave that may be
granted at any one time, provided the employee's services can be spared.
(3) Each division head is primarily responsible for determining
whether the work load of the office will permit the granting of extended
leave.
(4) Vacation schedules are to be maintained and the granting of
leave must be administered in such a manner as to avoid unnecessary loss of
leave by employees.
(5) The vacation schedule is to be reviewed quarterly for new
additions and to assure even distribution of scheduled annual leave as
indicated in (I) above:
9-6.1.3 Advanced Annual Leave
(1) Annual leave may be advanced to an employee provided it is
limited to the balance of annual leave the employee will earn throughout the
end of the current leave year.
(2) Under normal circumstances, completion of 90 days' service
will be necessary before advance of annual leave may be approved.
(3) Employees who contemplate resigning should not be granted
advanced annual leave.
(4) Advanced annual leave is granted only at the request of the
employee.
(5) If employee separates from the service before he/she has
earned enough annual leave to pay back the amount advanced, employee must
reimburse the Government.
9-6.1.4 Deleted
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PART I
SECTION 9. LEAVE
Emergency Situations
Requests for annual leave to cover an emergency situation which
could not have been reasonably anticipated, such as illness or death in.
gamily, must have approval of the supervisory employee. Should an emergency
occur outside of office hours, the office should be notified or the supervisor
may be contacted at home. No distinction is made on register or time and
attendance card in recording the annual leave: A tardiness is not to be
concealed by a request for annual leave. If the reason for annual leave is of
such a nature as to require FBIHQ action, such as death in the employee's
close family, Form FD-208 should be submitted. If the employee is temporarily
assigned elsewhere, on an inspection assignment for example, the official to
whom the employee is then assigned should notify FBIHO in addition to
notifying the employee's office of assignment.
9-6.1.6 Pending Disciplinary Action and Employees on Probation
(1) Annual leave requests made by employees on probation may be
approved by the SAC or division head, based on the considerations in 9-6.1.2
above.
(2) Annual leave requests for more than two days made by
employees against whom there is a pending disciplinary action or who are under
administrative inquiry must receive prior FBIHQ approval. Even previously
scheduled and approved leave for more than two days must be submitted for
prior FBIHQ approval when a possibility of disciplinary action develops.
(3) Such requests must be submitted UACB in sufficient time for
FBIHQ to consider them, and the letter of transmission must contain the
division head's recommendation.
(4) FBIHQ should be advised when an employee against whom a
-recommendation for disciplinary action is pending is already on extended
annual leave and furnished the date of employee's expected return to duty.
9-6.1.7 Travel Outside the United States and its Possessions
(1) FBI personnel should notify the Security Programs Unit,
FBIHQ, and the Field Office Security Officer if the traveler is assigned to a
field office, 30 days prior to the intended departure date, if possible, if
the travel is unofficial and is outside the United States and/or its
possessions. Whenever 30 days' notice is impossible, the notification should
be made as soon as practicable.
(2) If the intended travel is to a specified hazardous country
[ (see[Foreign Counterintelligence Manual, Part III, 1-1),]the employee must be
afforded a hostile intelligence threat briefing by the appropriate Security
Officer to include, but not limited to, the following information:
(a) Employee is to be advised of recruitment approaches
utilized by hostile intelligence services;
(b) Employee is to be instructed to immediately contact the
nearest U.S. Consulate, Attache or Embassy, if detained or subjected to
significant harassment, or provocation while traveling;
of employment;
(c) Employee is also to be instructed not to disclose nature
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SECTION 9. LEAVE
(d) Employee will be debriefed by the appropriate Security
Officer upon return to his/her office of assignment;
(e) That if a substantial objective basis exists, the
employee will be requested to submit to a polygraph examination pertaining to
counterintelligence issues, in accordance with the Manual of Investigative
Operations and Guidelines, Part_ II, 13-22.13.1.
(3) FBIHQ is to be advised of the briefing date, identity of
briefing official, and that the employee has agreed to the provisions set
forth in (2), supra. When the travel has been completed and the employee has
returned to duty, the field office is to advise FBIHQ of the debriefing date,
identity of debriefer and any information concerning recruitment approaches,
harassment or provocation experienced while in a travel status.
(4) Employees assigned to the Canadian and Mexican border
offices, namely, Albany, Anchorage, Boston, Buffalo, Butte, Detroit,
Minneapolis and Seattle, in the case of Canada; and Albuquerque, El Paso,
Phoenix, San Antonio and San Diego, with respect to Mexico, are exempt from
these reporting requirements when traveling to the respective bordering
country.
9-6.1.8 Annual Leave for.SAC and ASAC
The SAC may approve annual leave for himself regardless of
duration without FBIHQ authority when remaining in Headquarters City area
during that period of leave. All annual leave for the SAC when not remaining
in Headquarters -City area is to be approved by FBIHQ. The SAC may approve all
annual leave requests for ASACs regardless of the duration of the annual leave
request or the geographical location in which the annual leave is to be used.
(See also Part II, Section 1, of this manual regarding availability of SAC and
ASAC.)
9-6.1.9 Weather-Created Transportation Problems
An employee who is prevented .by weather-created transportation
problems from coming to work the whole day is to be charged annual leave.
Under certain circumstances wherein weather conditions are so severe as to
totally disrupt Government operations, certain amounts of administrative leave
may be granted. Requests for administrative leave for weather-created
problems or natural disasters must be personally approved by the SAC and
submitted to FBIHO setting forth detailed information so that a determination
can be made as to whether or not the situation falls within the guidelines
established by the Office of Personnel Management for granting such leave.
H9-6.1.10 Granting Annual Leave for Paternity Reasons
Any absence for the purpose of assisting or caring for a male
employee's minor children or the mother of his newborn child while she is
incapacitated for maternity reasons must be charged to annual leave or leave
without pay, if approved by the employee's supervisor.
[ 9-6.1.11 Granting Annual 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 adjustments for child care.
Any absence for the purpose of adopting children must be charged to annual
leave or leave without pay, if approved by the employee's supervisor.]
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PART I
SECTION 9. LEAVE
9-6.2 Sick Leave
Employees should be encouraged to consider sick leave as an
emergency fund available in the event of an extended illness. The granting
sick leave in accordance with the conditions listed in 9-6.2.1 is an
administrative responsibility. The nature of evidence required to determine
whether an employee was incapacitated must of necessity be left to -
administrative determination, bearing in mind the possibility of abuse.
9-6.2.1 Conditions for Granting Sick Leave
Sick leave may be granted:
(1) When employees are incapacitated for the performance of their
duties by sickness, injury, or pregnancy and confinement.
(2) For medical, dental, or optical examination or treatment when
such requests are submitted for approval to the supervisory employee in
advance.
(3) When a member of the immediate family of the employee is
afflicted with a contagious disease and requires the care and attendance of
the employee. When so granted, the employee must submit evidence, which is to
be forwarded to FBIHQ, showing that employee's absence was to care for and
attend to a member of employee's immediate family who was ill at home with a
disease requiring isolation, quarantine, or restriction of movement for a
particular period in accdrdance with regulations prescribed by the local
health authorities. If no period specified by the health regulations as to
how long a patient should be isolated or movement restricted, then a
certificate from a physician as to the period of isolation or restriction of
movement is sufficient to support a grant of sick leave. Advanced sick leave
may not be granted for this purpose.
(4) When through exposure to contagious disease requiring isola-
tion, quarantine, or restriction of movement for a particular period in ac-
cordance with the regulations prescribed by the local health authorities the
presence of the employee would jeopardize the health of others. Upon return
to duty from an absence covered by (3) or (4), the employee must submit a
doctor's statement, which is to be forwarded to FBIHQ, certifying that employ-
ee's return to duty will in no way endanger the health of fellow employees.
9-6.2.2 Advanced Sick Leave
(1) Advanced sick leave may be granted only in cases of serious
disability or illness and when required by the exigencies of the situation.
(2) Advanced sick leave may be granted to employees with more
than one year's service at the expiration of accrued sick leave, and to
employees with less than one year's service at the expiration of accrued sick
and annual leave.
(3) Advanced sick leave may be granted even though the employee
owes for sick leave previously granted; however, the debt cannot exceed 30
days at any one time.
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SECTION 9. LEAVE
. (4) Recommendation for such leave not to exceed 30 days should be
submitted to .FBIHQ UACB on FD-208. All absences must be certified bz a
physician.
(5) Deleted
(6) Usually, such leave-is liquidated by subsequent accruals of
sick leave. Advanced sick leave may be liquidated at the employee's request
by a charge against an equivalent amount of annual leave, provided the annual
leave is charged prior to the time it would be forfeited, and provided further
that the office otherwise would have granted the annual leave upon the request
of the employee, and sufficient time remained in the leave year for such
annual leave to be taken if not charged against the debt of advanced sick
leave.
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SECTION 9. LEAVE
(7) If the employee resigns, the Government must be reimbursed
for any balance of advanced sick leave not covered by leave or salary due the
employee: Employees who contemplate-resigning should not be granted advanced
leave.
(8) Employees should be consulted before submitting a recommen-
dation for advanced sick leave as they may prefer to use their annual leave or
leave without pay at the expiration of accrued annual leave.
(9) Advanced sick leave should not be granted to an employee:
(a) Who is absent because a member of his or her family has
a contagious disease.
(b) Who has filed application for disability retirement or
has signified an intention to resign for disability.
(c) When a separation date has been established which would
preclude an employee from earning leave to cover the advanced sick leave.
(d) When there is evidence that a return to duty is not
contemplated.
9-6.2.3 . Illness While On Annual Leave
If an employee on annual leave is ill for a period of at least one
workday or more, this period may be changed from annual leave to sick leave
provided the employee submits an SF-71 (leave application) certified by a
physician, or attaches a medical certificate to the executed SF-71. The
application for substitution of sick leave for annual leave must be made no
later than three days from the employee's" return to duty.
9-6.2.4 Forms
Refer to Part I, Section 20, of this manual for instructions
concerning submission of FD-208 in case of illness of employee and FD-277 upon
return to duty.
9-6.2.5 Sick Leave Interviews - Possible Leave Abuse
(1) The use of form FD-304 to keep a running record of each
employee's absence for illness is obligatory. The form is to be started with
the first such absence. If employee is transferred, FD-304 should be
forwarded with the time and attendance card to the new office of assignment.
(2) If an employee is absent for illness for a day or more on
four separate occasions in a six-month period, the supervisor must review
employee's attendance record and determine whether to interview the employee
about it. A form (FD-354) is available for use in reporting such an interview
to FBIHQ,]and must contain the supervisor's recommendation. If supervisor
decides not to conduct an interview, the supervisor must[stillIsubmit to FBIHQ
form FD-354 or other suitable report, recording the facts as to the absences
in question and stating no interview was conducted and why none was
conducted.
(3) If interview is conducted, supervisor should emphasize the
Bureau's interest in the employee's health and employee's action to protect
his/her health; that the Bureau is as much concerned about his/her welfare as
it is about the interests of the Government. The bearing that an employee's
attendance record necessarily has upon the employee's overall worth and
promotional potential should be pointed out.
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SECTION 9. LEAVE
(4) When an employee's leave record is considered co be so
aggravated as to require submission of a doctor's certificate for future
illness absences or submission of other evidence of incapacitation for duty
because of health reasons the division head should so inform the employee by
a letter of requirement. A copy of the proposed letter of requirement should
be submitted as an enclosure to an FD-354 on a UACB basis, and the original
should thereafter be presented to the employee for initialing. The letter of
requirement will specifically include that failure to comply with the require-
ment could result in the employee being charged as absent without leave (AWOL)
and that disciplinary action could ensue up to and including dismissal.
(5) When the supervisor first becomes aware of the absence of an
employee on doctor's certificate requirement,(supervisorishould carry the
employee as AWOL. If, when the employee returns to work,[employee]provides a
doctor's certificate or other administratively acceptable evidence of incapac-
itation, then the charge of AWOL may be changed to the appropriate approved
leave account, either annual leave, sick leave, or leave without pay (LWOP).
(6) It is the supervisor's responsibility to insure that evidence
submitted by the employee for use of sick leave is administratively
acceptable.
(7) In the event an employee, after receiving a letter requiring
a doctor's certificate for absence due to illness, has additional absence(s)
not supported by a doctor's certificate or otherwise corroborated to the
satisfaction of the supervisor, the absence should be charged as AWOL. Also,
the employee should be informed that employee has been charged as AWOL and the
reason(s) therefor and that disciplinary action is being recommended or that
possible disciplinary action could ensue in the event of further abuse up to
and including recommendation for dismissal.
(8) The charge of AWOL should be on a UACB basis and a record of
the counseling, action taken, and reason(s) for the action should be made for
the employee's personnel file. Form FD-354 should be used for this purpose.
(9) The six-month interview mechanism is not meant to preclude
interviewing an employee concerning such matters in some lesser interval of
time if the supervisor thinks it fit to do so. (FD-354 may be used not only
to report four illness absences of a day or more in six months or less but
also for follow-up interview reports.)
(10) In counting the four absences, consider only those of a day
or more. Annual leave for sick leave, compensatory leave for sick leave, or
leave without pay for sick leave will be regarded the same as actual sick
leave. One continuing absence of four days because of a virus infection, for
example, would count as one absence, not as four. Absences do not count if
caused by something which normally requires extended absences, such as an
operation or serious accident.
(11) Any given absence can start a cycle of four and initiate a
six-month period. If four separate absences of a day or more occur in three
months, for example, the employee should either be interviewed or a deter-
mination not to interviewlemployee]should be made. In either case, the matter
should be reported to FBIHQ. The next absence thereafter starts another
cycle, and so on. If, after the first absence in a cycle, another does not
occur until more than six months have passed, then that absence initiates a
new six-month period and a new cycle.
(12) This program is designed to provide a uniform system for
supervising absences for illness. It is not designed to discourage employees
from absenting themselves when illness incapacitates them for work.
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9-6.3 Leave TeL.thout Pay (LWOP)
LWOP is temporary nonpay status and absence from duty approved
upon the employee's request only. LWOP may nor be imposed as a penalty, nor
may it be imposed for periods of unapproved absence. (For information on
disciplinary suspension without pay, see 13-9 of this manual; also see 9-6.4
below on AWOL.)
9-6.3.1 Granting LWOP
(1) Leave laws and Civil Service Regulations do not limit or
specify the exact situations under which LWOP may be granted. However, in
general, periods of LWOP for 30 days or less shall be approved or disapproved
on the same basis as annual leave.
(2) The authorization of LWOP is a matter of administrative
discretion. An employee cannot demand that he or she be granted LWOP as a
matte i of right unless the employee is:
(a) A disabled veteran who is entitled to LWOP, if
necessary, for medical treatment under Executive Order 5396.
(b) A reservist or national guardsman who is entitled to
LWOP, if necessary, to perform military training duties.
(3) All Assistant Directors and SACs are authorized to approve
LWOP requests as long as the request is not for extended LWOP, which is
defined as a period exceeding 30 consecutive calendar days. All accrued
annual leave must be used before LWOP is ever granted.
(4) In granting LWOP, it must be recognized that certain costs .
and inconveniences to the FBI are involved as follows:
(a) Encumbrance of a position
(b) Loss of needed services
(c) Obligation to provide employment at the end of the leave
period
(d) Full credit for six months of each year of absence
toward retirement
(e) Free coverage[under Federal Exployees']Group Life
Insurance[Program]for 12 months.
(5) Such being the case, each LWOP request should be examined
closely to assure that value to the FBI or serious needs of the employee are
sufficient to offset these costs and administrative inconveniences.
9-6.3.2 .Extended LWOP
All requests for extended LWOP (more than 30 consecutive calendar
days) must be submitted in advance to FBIHQ for approval. In considering
these requests, the following factors will be weighed:
(1) There must be a reasonable expectation that the employee will
return to duty in an active, productive capacity at the end of the LWOP.
(2) Whether or not the period of LWOP will
increase his or her job ability.
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(3) Whether or not there will be protection or improvement of the
employee's health.
(4) Whether or not the FBI will demonstrably benefit through the
retention of a desirable employee:
976.3..3 Forms
(1) [Form FD-208 need not be filled out when the LWOP request is
for less than 30 days.
(2) When LWOP for 30 or more days is requested, an FD-208 should
be filled out and submitted to FBIHQ for consideration, with the division
head's recommendation.
(3) LWOP requests for 30 days or more, or requests for a purpose
outside or suspected to be outside the scope of the prescribed limits should
be submitted to FBIHQ as far in advance of the proposed leave absence as
possible on an UACB basis. If circumstances of a given case preclude advance
notice, FBIHQ is to be advised as soon as possible with UACB recommendation.)
9-6.3.4 Service-Connected Injury or Illness
LWOP which originates from service-connected injury or illness
may be granted in an indefinite amount pending the employee's return to work,
resignation, or retirement. If the injury or illness is not service con-
nected, the maximum amount of LWOP which may be granted is one year. FBIHQ is
to be advised when LWOP is for service-connected injury or illness.
9-6.3.5 Unemployment Compensation for Federal Employees
Notice to Federal employees abont unemployment compensation, SF-8,
is to be given to employees using LWOP by the SAC or division head at FBIHQ
through the time and attendance clerks. SF-8 is to be distributed by mail to
the employee when employee has been on such LWOP for seven consecutive
calendar days. A dated notation that form was sent should be made in the
remarks column on the time and attendance card.
9-6.4 Absence Without Leave (AWOL)
(1) AWOL is a nonpay status resulting from an agency determina-
tion that it will not grant any type of leave (including LWOP) for a period of
absence for which the employee did not obtain advance authorization or for
which employee's request for leave on the basis of alleged sickness has been
denied.
(2) AWOL is distinguishable from LWOP in that LWOP is a period of
absence in nonpay status approved by the supervisor while AWOL is a period of
absence in nonpay status unapproved by the supervisor.
(3) A charge of AWOL may support a disciplinary action, however,
it does not require disciplinary action as the decision to recommend
discipline is made by the supervisor.
(4) If an employee is charged AWOL and circumstances later
indicate the absence would have been excused, the charge of AWOL may be
changed to the appropriate approved leave account, either annual leave, sick
leave, or LWOP.
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SECTION 9. LEAVE
9-6.5 Court Leave
9-6.5.1 Conditions for Granting Court Leave
(1) Court leave ip granted whenever an employee is summoned by
any party to appear in a nonofficial capacity as a witness in any judicial
proceeding to which the United States, the District of Columbia, or a state or
local Government is a party.
(2) Court leave is granted for jury duty, whether Federal, state,
or local, if it occurs at any time on an employee's workday.
(3) A night shift employee serving on the jury during the day is
not expected to report for the night shift.
(4) An employee granted court leave must, upon return, present a
statement certifying employee's attendance at court, which is to be forwarded
to FBIHQ.
(5) If court leave is for serving on a jury and the court
adjourns two hours or more before the end of the employee's normal workday,
he/she is expected to return to work unless this would work a hardship on
him/her. The division head will decide whether a hardship exists.
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9-6.5.2. Restrictions
(1) Court leave is not available if an employee appears as a
witness voluntarily as distinguished from being summoned to appear, or
(2) If an employee appears as a witness in a judicial proceeding
in which the United States, the District of Columbia, or state or local
Government is not involved.
9-6.5.3 Official Duty
(1) It is official duty when an employee is summoned, or assigned
by the Bureau, to appear as a witness, whether in an official or nonofficial
capacity, or to produce official records, on behalf of the U.S. Government or
the District of Columbia.
(2) It is official duty when an employee is summoned to or
assigned by the Bureau as a witness in gn official capacity or produce
official records on behalf of a state or local government or a private party.
9-6.5.4 Fees Received for Court Duty
(1) Fees received for witness services while an employee is on
court leave or official duty are to be forwarded to FBIHQ, otherwise an
appropriate deduction must be made from the employee's pay.
(2) If employee testifies under conditions where neither court
leave nor official duty status applies, and thus is required to use annual
leave (or LWOP if no annual leave accrued), employee may keep any witness'
fees.
- (3) Employees may not accept-any compensation (payment for
services), or per diem in lieu of compensation, for service as a juror in a
Federal or District of Columbia court where the jury service is performed
during the regularly scheduled administrative workweek.
(4) If jury duty occurs outside of an employee's regularly
scheduled tour of duty, i.e., when employee is in a nonpay status, the
employee may keep any compensation received as fees, allowances, or reimburse?
ment for expenses from a Federal, state, or local court. Employees may also
retain jury fees received for services performed on a Government holiday in
state or Federal courts.
(5) An employee serving as a juror in a state or municipal court
may be instructed to collect all fees and allowances payable on account of the
jury service, and forward such fees to FBIHQ with a complete statement of the
facts.
(6) If fees received by an employee exceed compensation due for
court leave, such excess will be returned to the employee.
(7) Reimbursement for expenses, including mileage and
subsistence, in connection with any jury duty may be retained by the employee.
Payments for jury service in jurisdictions where such payments are considered
expense moneys may be retained by the employee.
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9-6.6 Military Leave for Training Purposes
(1) Employees, permanent or temporary indefinite, are entitled to
leave without loss in pay, time, or performance or efficiency rating for
active duty or engaging in field or coast defense training as a reserve Of the
armed forces or member of the Nacional Guard. This military leave accrues for
an employee in addition to annual leave at the rate of 15 days per fiscal year
and, to. the extent that it is not used in a fiscal year, accumulates- for use
in the succeeding fiscal ?year until it totals 15 days at the beginning of a
fiscal year. That is, up to 15 days of accrued, unused military leave may be
carried over into the succeeding fiscal year for use. during that year. No
more than 15 days of accrued, unused military leave may be carried over into
any fiscal year. District of Columbia National Guardsmen may be granted
additional military leave with pay for parades or encampment's and for each day
of service ordered by the commanding general. Members of other National Guard
organizations or other reserve Components can get up to 22 workdays per
calendar year for Federal or state duty performed for the purpose of providing
military aid to enforce the law. Military pay received in this connection is
deducted from Federal civilian salary for the same period. Therefore, Upon
return to duty the employee must submit a certified statement showing the
amount (other than a travel, -transportation, or per diem allowance) received
for military service so that employee's salary may be reduced accordingly.
Military leave is not available for Reserve Officers Training Corps (ROTC)
training; only annual leave or LWOP may be granted (see 9-6.3, LWOP).
(2) In the case of an individual employed on a part?time career
employment basis the rate at which military leave accrues is a percentage of
the rate prescribed above which is determined by dividing 40 into the number
of hours in the regularly scheduled workweek of that employee during the
fiscal year. Title 5, USC, ? 3401(2), defines "part?time career employment"
as part?time employment of 16 to 32 hours a week under a schedule consisting
of an equal or varied number of hours per day but does notinclude employment
on a temporary or intermittent basis.
(3) A copy of military orders should be sent to FBIHQ; and
certification that duty was performed must be submitted immediately upon
employee's return. Submit these documents with time and attendance cards,
9-6.7 Administrative Leave
9-6.7.1 Voting
Employees may be excused to vote in all local, state, and Federal
elections on election day without charge to annual leave under the following
circumstances:
(1) Where the polls are not open at least three hours either
before or after an employee's regular working hours, employee may be excused
for such period as will permit employee to report for work three hours after
the polls open or leave work three hours before they close whichever requires
the lesser amount of time off. If this rule does not permit sufficient time,
employee maybe excused for an additional period depending on the
circumstances but not to exceed one full day.
(2) If employee's voting place is beyond normal commuting
distance and absentee voting is not permitted, employee may be granted
enough time to make trip to voting place to cast his/her ballot. If more than
one day is required for this trip, time in excess of the day shall be charged
to annual leave or, if annual leave is exhausted, to LWOP. A liberal policy
should be followed in granting necessary leave. (See 9-6.3, LWOP.)
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(3) Where registration in person is required, time off to
register may be granted on substantially the same basis as to vote except that
no time will be granted if registration can be done on a nonworkday and the
place of registration is within reasonable one-day round-trip travel distance
from the employee's residence.
9-6.7.2 nilitary Matters
Up to one day granted for any enlistment examinations for
employees who are enlisting for active duty. Any absence in excess of one
day authorized, such as additional time for travel, in connection with. above
examinations must be charged as annual leave. (Administrative leave is not
granted for physical or other examinations in connection with reserve
activities.)
9-6.7.3 Funerals
Administrative leave may be granted for funerals under the
following circumstances:
(11 When employee is designated by prior FBIHQ instructions or
authority as an official Bureau representative to attend the funeral of
another Bureau employee or of a close relative of a Bureau employee or of
anyone else. Annual leave charged if not designated as Bureau representative.
This 'policy is not intended to interfere with rights granted veterans to be
excused from duty for such time as may be necessary, but not in excess of four
hours in any one day,-to enable them to participate as active pallbearers or
as member of firing squads or guards of honor in funeral ceremonies of other
veterans whose remains have been returned from overseas to the[United States]
for reinterment.
(2) In order for an employee to make arrangements for or attend
the funeral or memorial service for an immediate relative who died from a
wound, disease, or injury incurred while serving in the armed forces in a
combat zone, a maximum of three workdays can be granted, as needed and
requested. The leave days need not be consecutive but if not the employee
must furnish justification for using the leave on nonconsecutive days.
"Immediate relative" means the following relatives of the deceased: spouse
and parents thereof, children and spouses thereof, parents, brothers and
sisters and spouses thereof, and anyone related .by blood or affinity whose
close association with the deceased was such as to have been equivalent of a
family relationship.
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9-6.7.4 Housing
Each SAC or division head at F811-1Q, where necessary, is to permit:
a newly arrived employee who has been permanently transferred five days of
absence, got charged to Leave, to locate suitable housing. Under 110
circumstances is the employee to be granted these five days of absence,
without charge to leave, when the employee, notwithstaad.ing any trip by the_
spouse, has had a house?hunting trip as provided by the Federal Travel-
Regulations. All permanently -transferred employees will be entitled to an
additional two days of absence, not charged to leave, to handle general
matters which arise as the result of relocation. This absence may be
utilized in full or in part at either end of the -transfer,.provided the total
absence does not exceed a period of two days in connection with the overall
transfer. Employees transferred at personal expense not included. Under no
circumstances is a Bureau vehicle to be used in this endeavor.
9-6.7.5 Certified Public Accountant (CPA) and Bar Exams
(1) SACs and division heads are authorized to grant administra?
tive or official leave to Special Agent accountants and lawyers to sit for CPA
and/or bar exams. This leave will be granted for actual sitting time of the
examination only and will not include travel time. All expenses, including
travel, incurred in connection with the preparation for participation in
examinations will be borne by the Agent.
(2) This leave may only be granted in those instances where some
benefit to the Federal. service will result. Consequently, requests for
administrative leave for support personnel to sit for CPA or bar exams should
be forwarded to FBIHQ for approval setting forth full justification, including
the benefit to the FBI if leave is granted, and appropriate.recommendations of
the SAC or division head.
(3) Administrative leave granted to sit for CPA exams is not to
exceed three days per session and no more than two sessions per year; however,
as indicated above, only the actual sitting time required per session will be
granted. Regarding bar exams, the length of each session and the number of
sessions per year in which a candidate may participate varies depending on the
jurisdiction. However, the length of sessions usually runs between two and
three days. Accordingly, administrative leave will be granted for bar exams
in the same manner as for CPA exams and candidates will not be granted more
than three days per session nor more than two sessions per year with only the
actual sitting time required per session granted.
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[(9-6.7.6 Post-Shooting Trauma
(1) Each Special Agent in Charge or division head at FBIRO is
authorized and encouraged to grant up to five days.of optional administrative
leave for employees directly involved in a Bureau shooting incident. The
leave must be coordinated with the employee's superviSor but should be granted
at a time desired by the employee.
(2) For informatibn,'"employees directly involved" refers to
those employees that shoot or are shot, those who directly participate in the
shooting, those who render on-site assistance to the wounded party and those
who make the decision to shoot or not to shoot. A "shooting incident" is
defined as a situation in which anyone is wounded or killed by a firearm and
FBI personnel are involved. Any question as to whether an employee is
entitled to the administrative leave should be referred to FBIHQ, 'Pay and
Position tlanagement Unit, for determination.]
9-6.8 Compensatory Leave
To reduce clerical work loads which occasionally become excessive,
and when emergency circumstances require travel during off-duty time, it is
permissible to request employees (other than those excepted below) to volun-
teer for overtime work in exchange for compensatory leave. When services are
required and volunteers are not available, those employees designated to
perform the necessary work shall be paid overtime at the rate established by
Congress.
9-6.3.1 Employees Not Eligible for Compensatory Leave
(1) Agents receiving premium compensation
(2) Wage Board Employees'
(3) In general, employees subject to provisions of the Fair Labor
Standards Act (FLSA)
(a) Federal Government employees who are in executive,
administrative, and professional positions and all employees in foreign
countries are exempt from FLSA.
(b) Those classified as nonexempt are generally support
personnel in nonsupervisory positions.
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(c) FLSA does not provide for granting compensatory leave in
Lieu of overtime pay; however, under specific and limited circumstances the
OPM has advised a nonexempt employee could be given compensatory leave in lieu
of overtime pay, and not be-in conflict with FLSA. Because these circum?
stances are so restrictive, with payroll computations to be taken into account
in each individual case, Bureau policy is to pay for overtime work performed
by nonexempt employees. [However, compensatory time off may be used as an
offset for overtime pay earned by nonexempt employees, those employees covered
by the FLSA and normally not entitled to earn compensatory time off, when such
compensatory time off is used within the same administrative workweek (Sunday
through Saturday) it was earned. An employee may request compensatory time
off from a scheduled tour of duty sometime during the remainder of the same
administrative workweek (Sunday through Saturday) in which the overtime was
worked. This entitlement arises when an employee works in excess of eight
hours in a day, or completes 40 hours of work prior to the end of his/her
scheduled weekly tour of duty. This entitlement will apply even though the
employee may earn entitlement to overtime pay under the FLSA or may earn
FURTHER entitlement to overtime pay under Title 5, U.S. Code (USC), during the
same workweek.
The following examples illustrate the use of compensatory time off during the
same administrative workweek in which the overtime was worked. In these
examples, assume the. employee is under the General Schedule and all overtime
work is irregular or occasional in nature.
1. EXAMPLE I
( Mon Tue Wed Thur Fri TOTAL
[ Scheduled tour of duty 8 8 8 8 8 40
[ Actual hours worked 10 6 8 8 8 40
[ Overtime work 2 2
[ Compensatory time off 2 2
[ The employee who performs two hours of overtime work under Title 5, USC, on
[ Monday may be granted compensatory time off from his/her scheduled tour of
[ duty on Tuesday or any other workday during the remainder of the same
[ administrative workweek. FLSA has no effect.
( 2. EXAMPLE II
( Mon Tue Wed Thur Fri TOTAL
[ Scheduled tour of duty 8 8 8 8 8 40
[ Actual hours worked 14 8 14 8 0 44
[ Overtime work 6 6 12
[ Compensatory time off 8 8
[ Overtime remaining at the end
( of the workweek 4
[ After the completion of work on Thursday, the employee has a total of 44 hours
[ of work under FLSA and Title 5, USC, for the workweek and has entitlement to
[ 12 hours of overtime pay under Title 5, USC. The employee's request for eight
[ hours of compensatory time off from his/her scheduled tour of duty on Friday
[ of the same administrative workweek may be granted even though the employee
[ has further entitlement to four hours of overtime pay under FLSA or Title 5,
[ USC, whichever is the greater overtime pay benefit.]
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(d) Divisions have been advised of the exempt/nonexempt
status bf their employees.
(4) All employees (including Agents receiving premium
compensation, Wage Board employees, and employees in nonexempt positions) may
elect to work compensatory overtime for the purpose of taking time off without
charge to leave when personal religious beliefs require that an employee
abstain from work during certain periods of the workday or workweek, subject
to the provisions of 9-6.8.4 of this section.
9-6.8.2 Overtime Pay
(1) Division heads may authorize overtime pay for not more than
two non-Agent employees for no more than a few hours for one day. Any
overtime in excess of these amounts must have prior FBIHO approval.
(2) FLSA requires that any work performed by a nonexempt employee
for the benefit of the agency, whether requested or not, is work time if the
employer knows or has reason to believe it is being performed. This includes
taking work home as well as work performed at the employee's regular place of
work or any other place. Supervisors are required to exercise whatever
control is necessary to ensure overtime work by nonexempt employees is not
permitted unless it is intended that the employee be compensated.
(3) The compensation rate under FLSA is time and a half for all
actual work over 40 hours per week.
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9-6.8.3 Administration of Compensatory Leave
(1) Leave earned in lieu of payment for authorized overtime must
be recorded and charged in multiples of 15 minutes. No compensatory leave is
to be recorded before regular working hours unless at least 15 minutes is
worked; the same rule will apply to time worked after regular working hours.
If work of 15 minutes or more performed both before and after regular working
hours, it may be combined. However, the total claimed must be in multiples of
15 minutes.
(2) Compensatory leave may be granted for time worked in excess
of an employee's basic workweek or eight hours a day. Employees who work in
excess of eight hours a day and who take leave without pay during the same
workweek may earn compensatory leave. However, any hours charged as leave
without pay during the basic workweek must be accounted for before either
compensatory leave or overtime pay may be received for a period worked outside
the basic workweek.
(a) Example: aneemployee works the regular eight hours on
Monday and an additional two hours for compensatory leave; employee is tardy
35 minutes on Tuesday; therefore, 45 minutes of absence without leave is
charged. This employee is entitled to two hours' compensatory leave earned on
Monday. However, if this employee was charged one hour of absence without
leave on Monday, during the regular eight-hour shift, the first hour beyond
the regular working hours would not be counted as compensatory leave but must
be paid at a straight-time rate. The remaining hour may be credited as
compensatory leave.
(b) Example: an employee whose tour of duty is Monday
throughout Friday and who worked five hours for compensatory leave on Sunday
is charged one hour of absence without leave on Monday. Employee must be paid
at straight-time rate for the first hour worked on Sunday, which is used to
account for the one hour of absence without leave on Monday, and may be
credited with four hours of compensatory leave worked on Sunday.
(3) The minimum amount of compensatory leave that may be earned
by an employee called in to work on a day when the employee was not scheduled
for work, or when called back to work after working a regular day, is two
hours, even though employee may have worked less than two hours.
(4) Compensatory leave cannot be claimed in lieu of holiday pay.
(5) All compensatory leave not taken by the end of the leave year
will be dropped. No compensatory leave will be carried over into the next
leave year.
(6) Employees taking 15 minutes or more of compensatory leave
should submit a leave request,[Form1FD-282, indicating the amount of
compensatory leave being requested. If absence totals a day or more, the
leave application must show address at which employee can be reached.
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9-6.8.4 Adjustment of Work Schedules for Religious Observances
(1) All employees may elect to work overtime for the purpose of
taking time off without charge to leave when personal religious beliefs
require that an employee abstain from work during certain periods of the
workday or workweek.
(2) Any employee who elects to work overtime in exchange for time
off for religious observances shall be granted (in lieu of overtime pay) an
equal amount of compensatory time off from his or her scheduled tour of duty.
(3) The employee's request for such compensatory time off in
exchange for an equal amount of overtime may be denied by the division head if
the resulting modifications in work schedules interfere with the efficient
accomplishment of the division's mission.
(4) The supervisor and the employee are to determine a mutually
agreeable time when productive overtime work may be performed to offset the
time off for religious observance. This overtime may be performed either
before or after the grant of compensatory time off. Compensatory leave for a
religious observance must be earned either the pay period prior to or the pay
period during which the religious observance falls. Exceptions may be made in
extraordinary circumstances, but these exceptions will be held to a minimum.
9-6.9 Absence Not in Excess of 30 Minutes
Under ordinary circumstances, unavoidable or necessary absence
from duty not in excess of 30 minutes may be excused, but the time absent must
be made up either through a charge against overtime previously worked or
through the performance of subsequent overtime.
9-7 AUDIT OF SICK AND ANNUAL LEAVE RECORDS
An audit of both sick and annual leave records must be made on or
before November 15 of each year by an employee other than the individual
making the original entries and FBIHQ should be advised by routing slip when
this has been done. An audit should also be performed prior to the forwarding
of time and attendance card to FBIHQ when an employee resigns, and prior to
the forwarding of sick and annual leave records to office of assignment when
an employee is transferred.
9-8 RETENTION OF PROPERTY OF EMPLOYEES ON INDEFINITE LEAVE
The Government property of all Bureau[support]employees taking any
type of leave for an indefinite period of time and which may exceed three
months shall be collected by the SAC or Bureau supervisor at the time such
leave commences. At FBIHQ, the supervisor shall see that the property is
secured and returned to the Property Procurement and Management Section where
it will be retained and may be reissued upon the employee's return to duty.
In the field, the property shall be retained in the field office and reissued
upon the employee's return to duty.
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SECTION 9. LEAVE
9-9 REQUEST FOR LEAVE RECORD INFORMATION
No information as to annual or sick leave taken by an employee
will be supplied to outsiders without employee's written consent (unless
subpoenaed). Any request for such information should be referred to FBIHQ for
action; along with consent statement- Consent is presumed where an employee
requests that such information be supplied to him/her.
9-10 TRAVEL TIME AND HOME LEAVE FOR EMPLOYEES STATIONED OUTSIDE THE
UNITED STATES
9-10.1 Travel Time for Euloyees Outside the United States
Travel time by available first-class transportation, in accordance
with existing Government travel regulation, includes the time necessary to
travel from the office of assignment to the United States, or to employee's
place of residence which is outside the area of employment in the Commonwealth
of Puerto Rico or the possessions of the United States, and thence back to a
post outside the United States. Entitlement is limited to one period of free
travel time in any prescribed tour of duty. Control of such travel time is to
be maintained by field office. Indicate place of residence and amount of
travel time requested at the top of the SF-71. Travel time is allowable to
only one destination even though the employee will visit in other localities,
and it is not allowable when the employee is reassigned to the United States,
rather than to some office outside the United States.
9-10.2 Home Leave
The extra five days of leave aver and above the regular earning of
annual leave is granted to the employee for visiting employee's place of
residence in the United States or its possessions, indicated at the time the
employee departed for service outside the United States. If this home leave
is taken at another location within the United States or its possessions, the
travel and transportation expenses cannot exceed those allowed over a usually
traveled route between employee's duty station and the place of residence
designated by the employee at the time he/she left the United States for
service outside the United States. In regard to home leave, an employee will
be eligible for same whenever employee completes an agreed tour of duty
(whether it is for one, two or three years in length) and signs an additional
tour agreement to return to San Juan or serve in some other overseas post.
[[Agent personnel in San Juan serving a four-year tour of duty will be entitled
1 to take home leave at the conclusion of their first two years and again after
[ their third year. Agents who sign an agreement to remain a fifth year will
[ also be entitled to home leave after their fourth year.] Such leave cannot be
the basis for terminal leave or a lump-sum payment, and if it is used and the
employee does not return overseas, it must be refunded, unless compelling
personal reasons of a compassionate nature prevent employee's return or FBIHQ
decides the public interest would be better served by employee not returning
overseas. Special Agents assigned to Territorial Offices who desire to sign
an agreement for an additional tour of duty abroad, but who are not eligible
to complete a prescribed tour because of the 55-year-old mandatory retirement
regulation or because of the limitations of the Legal Attache tenure policy,
will be granted home leave travel when such an additional tour is for 12
months or more. When such an additional tour would be less than 12 months,
home leave travel will not be authorized; however, tour may be continued until
terminated by age or tenure at the discretion of FBIHQ. As to employees
assigned to Legal Attache offices see Part I, Section 11, of this manual, and
Legal Attache's Manual.
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SECTION 9. LEAVE
([9-10.3 Home Leave Travel
(1) Employees assigned to Bureau offices in Anchorage and
Honolulu are entitled to travel costs relative to leave in the continental
United States and dci not accrue home leave in addition to annual and sick
leave.
(2) Effective with the enactment of Public Law 97-253, suCh
reimbursements are limited to not more than two round trips commenced within
five years after 'the date the employee first commences any period of
consecutive tours in those posts. (Example - Employee commences two years
9/1/84 and signs agreement to remain for additional tour of duty upon
completion of the two years. Employee is entitled to only two home leave
trips within the five years following 9/1/84.)
(3) It is noted that all employees already serving in Alaska and
Hawaii on the date of enactment (10/15/82) are exempted from the provisions of
Public Law 97-253 and shall remain under the former system.]
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SECTION 9. LEAVE
9-11 ABSENCE FOR MATERNITY REASONS
9-11.1 General Considerations
(1) An absence covering pregnancy and confinement is to be
treated like any other medically certified temporary disability.
(2) A grant of leave for maternity reasons is a combination of as
many as three separate kinds of leave: sick leave, annual leave and leave
without pay. [Sick leave is used to cover the time required for physical
examinations and to cover the period of incapacitation supported by a
physician's certification. Annual leave and leave without pay should be
granted if employee is still incapacitated when sick leave is exhausted or if
after delivery and recuperation, the employee desires a period of adjustment
or needs time to make arrangements for the care of the child.] The entire
absence from duty is to be no longer than six months. [Employee must submit a
medical certificate indicating the date of actual incapacitation to cover the
granting of sick leave.]
(3) [Should employee be physically incapacitated at the end of six
months' leave of absence, extensions will be considered in accordance with
established policy permitting up to one year's absence on leave without pay
when due to nonservice-connected illness.]
9-11.2 Employee Responsibility
A pregnant employee:
(1) Should make known her intent to request leave for maternity
reasons including the type of leave, appropriate dates and anticipated .
duration. This will allow the affected office to prepare for any staffing
adjustments which may be needed to compensate for the anticipated absence from
work.
(2) Must make a written request for sick leave in accordance with
sick leave regulations.
(3) May request temporary modification of her working conditions
to protect her health and that of her unborn child after consultation with her
physician, where working conditions are more strenuous or hazardous than
normal office conditions.
9-11.3 Supervisory Responsibility
(1) The overall objective is to provide gainful employment and
make use of the employee's skills as long as she is not incapacitated for
duty.
(2) Working Conditions. The supervisor should always be aware of
any particular working conditions or requirements which may be part of the
work environment and which could have an adverse effect on the employee. The
supervisor should consult with an appropriate medical authority to determine
if any of these elements could have a harmful effect upon the pregnant
employee or the unborn child, and the employee should be advised of the
medical opinion. It may be suggested that she consult her own physician in
this matter.
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(3) Modification of Work Duties. If after consulting her
physician, the employee requests modification of her work duties or a
temporary reassignment to other available work for which she is qualified,
every reasonable effort should. be made to accommodate her renuest. Medical
certification as to the nature of the limitations which are recommended by the
-employee's- physician-may be requested. If an accommodation cannot be made,
the employee must request leave, or must be placed on leave, whichever is
appropriate under the circumstances.
(4) See Part I, 17-2.2 of this manual for information relative to
separation procedures, if applicable.
9-11.4 Granting Absence for Maternity Reasons
The same leave policies, regulations and procedures as are
applicable to requests for leave generally will be applied to employees
requesting absence for maternity reasons. Childbirth or complications of
pregnancy are temporary disabilities and will be treated for leave purposes
in the same manner as any other physical condition which incapacitates the
employee. 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; they must be charged to annual leave or
leave without pay if requested by the employee and approved by the division
head. [(See Part I, 9-6.1.10, of this manual, for granting leave to male
employees in connection with maternity reasons.)]
9-12 RETENTION OF LEAVE RECORDS
(1) Time and Attendance Registers (FD-420), Registers No. 1
(FD-31), and Registers No. 3 (FD-256), are to be retained three years. These
records should be destroyed on an annual basis when three years old.
(2) All Leave Accounting Listings, Leave Requests (FD-282),
Applications for Leave (SF-71), and Doctor's Certificates are to be retained
for three years in your office in alphabetical order within each year.
Destroy on annual basis at beginning of leave year.
(3) Notice of Tardiness (FD-120) is to be destroyed at the end of
the calendar year.
(4) Record of Absences for Illness (FD-304) may be destroyed on
an annual basis when the form is filled and all information on the card is at
least three years old. If it is necessary to make up an additional card for
an employee, the old card may be destroyed when all entries become three years
old. Forms for separated employees may be destroyed upon separation.
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