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Frequently Asked Questions Pay & Leave

Leave Policy

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  • There are two conditions under which employees are entitled to an additional 22 days of military leave under the provisions of 5 U.S.C. 6323(b). Reservists or National Guard members who perform military duty in support of civil authorities in the protection of life and property are eligible for an additional 22 workdays of military leave. In addition, effective November 24, 2003, employees who perform full-time military service as a result of a call or order to active duty in support of a contingency operation* as defined in section 101(a)(13) of title 10, United States Code, are entitled to 22 days of military leave under 5 U.S.C. 6323(b). * The term "contingency operation" means a military operation that - (a) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or (b) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of title 10, United States Code, chapter 15 of title 10, United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress.
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  • Congress did not provide the Office of Personnel Management (OPM) with any oversight or enforcement over agencies’ administration of the Family and Medical Leave Act (FMLA).  Therefore, if an employee believes an agency has not fully complied with the rights and requirements provided by title II of the FMLA and OPM’s implementing regulations at 5 CFR 630.1201 through 630.1211, the employee may file a grievance under applicable agency administrative procedures or negotiated grievance procedures. For more information about initiating a grievance in your agency, contact your servicing personnel office or a representative of your labor organization.
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  • Agencies may restore annual leave that was forfeited because it was in excess of the maximum leave ceilings (i.e., 30, 45, or 90 days) if the leave was forfeited because of—
    1. an administrative error;
    2. an  exigency of the public business; or
    3. sickness of the employee.  
    Leave that is forfeited because of an exigency of the public business or sickness of the employee may be considered for restoration only if the annual leave was scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year. (See 5 CFR 630.308.) The determination as to what constitutes an administrative error is the responsibility of the employing agency. A determination that an exigency is of major importance and that excess annual leave cannot be used must be made by the head of the agency or his or her designee.  For more information, see the Restoration of Annual Leave fact sheet.
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  • See the emergency leaved transfer program fact sheet at - http://www.opm.gov/oca/leave/HTML/ELTP.asp
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  • See the  bone marrow or organ donor leave fact sheet at - http://www.opm.gov/oca/leave/html/DONOR.asp
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  • For information and guidance on family and medical leave, see the Family and Medical Leave fact sheet.
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  • For information on the circumstances that allow an agency to offer a potential hire an enhanced annual leave accrual rate, see our Creditable Service for Annual Leave Accrual for Non-Federal Work Experience and Experience in the Uniformed Service fact sheet.
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  • Heads of executive departments and agencies have authority to excuse employees from work without charge to leave or loss of pay to donate blood. Typically, agencies grant up to 4 hours of excused absence to employees who wish to donate blood.
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  • Yes. Even if an agency or installation is closed, a supervisor may require any employee to report for, or remain at work.  Emergency employees are expected to report to or remain at their worksite in dismissal or closure situations unless otherwise directed by their agencies. In rare events, an agency may determine that circumstances justify granting excused absence to an emergency employee. An agency may grant a reasonable amount of excused absence to an emergency employee who is unable to report for work or faces a personal hardship. For example, factors such as distance, availability of public transportation, available alternatives to childcare or eldercare, or health/medical limitations may be considered. When Government operations are disrupted and offices are closed to the public for an extended period of time, an agency may determine that changing circumstances require non-emergency employees to report for work. Consequently, each agency should establish a procedure for notifying and recalling these employees. OPM advises agencies to identify non-emergency employees who are expected to remain in contact with their agencies at all times during dismissal or closure situations to maintain continuity readiness. Such employees may be called to work during emergencies dealing with national security, extended emergencies, or other unique situations. Agencies should anticipate the emergency situations in which such employees will be expected to report for work at a regular worksite or alternative worksite and the circumstances under which they will be permitted to telework, if they prefer, and should notify affected employees of this policy. The Washington, DC, Area Dismissal and Closure Procedures, available at https://www.opm.gov/oca/compmemo/dismissal.pdf, discusses closure situations in more detail.
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