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Pay & Leave Leave Administration

 

Overview

The U.S. Office of Personnel Management (OPM) provides leadership on Federal leave policies and programs. We accomplish this by developing and maintaining Governmentwide regulations and policies for agencies to use to administer leave, including annual leave, sick leave, the Family and Medical Leave Act, Federal leave sharing programs, military leave, and time off for special circumstances - e.g., early dismissal or closure for weather emergencies. Ultimately, each Federal agency is responsible for complying with the law and OPM's Governmentwide regulations and following OPM's policies and guidance to administer leave policies and programs for its own employees.

On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. As a result of the Supreme Court’s decision, the United States Office of Personnel Management (OPM) will now be able to extend certain benefits to Federal employees and annuitants who have legally married a spouse of the same sex, regardless of the employee’s or annuitant’s state of residency. OPM is currently in the process of updating and revising the website to reflect this change, and will be updating this information as soon as possible. Please check back in the coming weeks for updates.

Leave-Related Fact Sheets and Forms

Special Topics

Emergencies

Authorities and Reports

Regulations

Reports

Leave Administration Alerts Email List

Leave Forms

FormDescription
OPM 71 Request for Leave or Approved Absence
OPM 630 Application to Become a Leave Recipient Under the Voluntary Leave Transfer Program
OPM 630A Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Within Agency)
OPM 630B Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Outside Agency)
OPM 630C Transfer of Leave Records for Leave Recipient Covered by the Voluntary Leave Transfer Program
OPM 1637 Application to Become a Leave Recipient Under the Emergency Leave Transfer Program
OPM 1638 Request to Donate Annual Leave Under the Emergency Leave Transfer Program
OPM 1639 Transfer of Donated Annual Leave To/From the Emergency Leave Transfer Program
WH-380-E FMLA Medical Certification Form for Employee's Serious Health Condition
WH-380-F FMLA Medical Certification Form for Family Member's Serious Health Condition
WH-384 FMLA Certification for Qualifying Exigency

Fact Sheets

The fact sheets below provide information on various topics concerning leave administration for Federal employees covered under title 5 of the United States Code and title 5 of the Code of Federal Regulations. The title 5 statutes regarding leave administration can be found in 5 U.S.C chapter 63, Leave. OPM's regulations on the establishment of work schedules can be found in 5 CFR part 630, Absence and Leave.

Reference Materials

Laws, Regulations and Other References

This index highlights the laws, regulations, and other references relating to Federal leave programs and policies. The index is a valuable resource for researching major leave subject-matter areas. Please contact your agency personnel office, library, legal office, or information technology office to obtain copies of the documents cited (e.g., laws, regulations, Executive orders, opinions of the Comptroller General (Comp. Gen.)1, etc.). Since each agency is responsible for Federal leave administration, it is imperative that you also consult your agency's internal policies and collective bargaining agreements, as applicable.

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A

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Absence bone marrow/organ donation 6327  
funerals, law enforcement officers 6327  
funerals, relatives in Armed Forces 6326  
funerals, veterans 6321  
hostile actions abroad 6325  
police and firemen, resulting from duty 6324  
Accrual

annual leave

full-time 6303(a) 630.202
part-time 6302(c) 630.303
Senior Executive Service (SES) 6303(f) 630.301
uncommon tours   630.210

sick leave

full-time 6307(a) 630.202
part-time 6302(c) 630.406, 630.202(b)
uncommon tours   630.210
change in accrual rate 6303(c)  
Accumulation

annual leave

6304(a) 630.304, 630.302
Overseas 6304(b) 630.302
SES 6304(f) 630.301

sick leave

6307(b)  
Administrative leave (see excused absence)
Adoption (sick leave)   6307(c) 630.401(a)(6)
Advance leave annual leave 6302(d)  
sick leave 6307(d) 630.209, 630.404
refund value of sick leave   630.208(d); Comp. Gen. Opinion B-189531 (09/14/77)
not likely to return to duty   25 Comp. Gen. 874 (1946)23 Comp. Gen. 837 (1944)
Alternative work schedules (leave administration)   6129  
Annual leave covered employees 6301 part 630, subparts B and C;Title II-Leave, Civilian Personnel Law Manual, chapter 2-Annual Leave
general provisions 5302
Accrual 6303
maximum accumulation 6304
transfer between different leave systems 6308
reduction in force - use of annual leave to qualify for retirement/health benefits 6302(g) 351.606(b), 351.608, 630.212
agency discretion   39 Comp. Gen. 611 (1960); 16 Comp. Gen. 481 (1936)
Annuities (computation, use of sick leave)   8339(m) 630.407, 831.302

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B

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Back pay (restored annual leave)   5596(b)(1)(B) 550.805(g)
Bereavement (sick leave)   6307(d) 630.401(a)(4)

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C

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Court jury duty 6322 Title II-Leave, Civilian Personnel Law Manual, chapter 5, part C-Court Leave
witness 6322  
credit/retention of fees 5515, 5537 Title I-Compensation, Civilian Personnel Law Manual, chapter 9-Service as Juror or Witness
Creditable service for leave accrual   6303(a) Title II-Leave, Civilian Personnel Law Manual, chapter 2, part C-Creditable Services and part D-Noncreditable Services
Agriculture Soil Conservation Service (ASCS) and Nonappropriated Fund (NAF) Employees 6312
District of Columbia Police and Firemen's Retirement System   Comp. Gen. Opinion
B-256756 (4/11/95)

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D

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Demonstration projects (prohibition of leave waiver)   4703(c)(1)  
Desert shield/desert storm reservists leave bank   Public Law 102-25 (04/06/91) part 630, subpart K
Dismissal, administrative (daily, hourly, and piece-work)   6104 part 610, subpart C
Dismissals, administrative/emergency   301, 6104, 6302(a) part 610, subpart C
Leave Without Pay status   56 Comp. Gen. 393 (1977)

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E

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Emergency leave transfer   6391 part 630, subpart K
Employees covered by the federal leave system   6301(2) Title II-Leave, Civilian Personnel Law Manual, chapter I, part B-Employees Covered and part C-Employees Excluded
Exclusion of presidential appointees   6301(2)(xi) 630.211
Excused absence   6104, 6302(a) Title II-Leave, Civilian Personnel Law Manual, chapter 5, part A-Administrative Leave

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F

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Family and medical leave act (fmla)(title i administered by the department of labor)   29 U.S.C. 2601 et seq. 29 CFR part 825
Family and medical leave act (fmla)(title ii administered by the office of personnel management)   6381-6387 part 630, subpart L
Expanded family and medical leave    

1997 Presidential Memorandum (includes OPM questions and answers); also:

OPM Memorandum, April 14, 1997

Family care (sick leave)   6307(d)(1) 630.401(a)(3)
Family member (definition) Family and Medical Leave 6381 630.1202
leave transfer   630.902
leave bank   630.1002
emergency leave transfer   630.1102
sick leave 6307(d) 630.201(b)

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H

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

    6103, 6104 part 610, subpart B Title II-Leave, Civilian Personnel Law Manual, chapter 5, part B-Holidays
Leave Without Pay before and after     Comp. Gen. Opinion
B-187520 (02/22/77)
Leave Without Pay before or after     56 Comp. Gen. 393 (1977)
Home leave   6305 part 630, subpart F;Title II-Leave, Civilian Personnel Law Manual, chapter 5, part E-Home Leave

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J

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Jury duty (see court leave)   6322  

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L

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Leave ceiling (annual leave) General 6304(a) and (b) 630.302, 630.304
Senior Executive Service (SES) 6304(f) (1) 630.301
scheduling "use or lose" leave   630.308
Leave bank program   6361-6373 part 630, subpart J
Leave transfer program   6331-6340 part 630, subpart I
death of recipient - no retroactive substitution   70 Comp. Gen. 432 (1991) 68 Comp. Gen. 694 (1989)
employee unable to return to work   Comp. Gen. opinion B-271561.2 (07/26/89)
Leave of absence (aliens)   6310  
Leave without pay

administrative discretion

  Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F-Leave Without Pay
disabled veterans Executive Order5396 (July 17, 1960)  
injury compensation 5 U.S.C. Chapter 81  
military training 38 U.S.C. 2024(d)  

creditable service

8332(f)  
during military service 6303(a) 353.107 Comp. Gen. opinion B-215542 (08/01/85)
during period covered by service agreement   Comp. Gen. opinion B-184948 (11/18/75)
Family and Medical Leave Act - Title II 6384(b)(2) 630.1208
reduction in leave credits   630.208
compensation for disability 8118(c) Comp. Gen. opinion B-164617 (04/13/72)
within-grade waiting periods   531.406
Lump-sum payments for annual leave   5551-5553, 6304(e) part 550, subpart L
DOD base closings 5551(c)  
refund of lump-sum payment and recredit of annual leave 6306 part 550, subpart L

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M

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Medical certification sick leave   630.403
Family and Medical Leave 6383 630.1207
leave transfer and leave bank programs 6333(a), 6367(a) 630.904; 630.1006
Military leave   6323 Title II-Leave, Civilian Personnel Law Manual, chapter 5, part D-Military Leave; Rights of Reservists Called to Duty for the National Emergency, Sept.14, 2001
offset of payments received 5519  
funeral honors duty 6323(a)  
Minimum charge of leave     630.206

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N

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Nonappropriated fund employees(leave portability)   6308(b), 6312  

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R

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Recredit of leave   6306 part 630, subpart E
Refund for unearned (advanced) leave     630.209(a)
waiver for medical disability   630.209(b)
Restoration of annual leave   6304(d) and (e) 630.305-309 Title II-Leave, Civilian Personnel Law Manual, chapter 2, part G-Restoration of Leave
Back pay   5596(b)(1)(B) 550.805(e)(2)(iv)
DOD base closings 6304(d)(3) 630.306(b)
leave forfeiture / scheduling requirement   630.306(a); 56 Comp. Gen. 470 (1977)
Restoration and scheduling of annual leave for Y2K conversion   630.310
Restoration and scheduling of annual leave during the national emergency   630.311

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S

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Shore leave   6305 part 630, subpart G
Sick leave covered employees 6301 part 630, subparts B, D, and E; Title II-Leave, Civilian Personnel Law Manual, chapter 4-Sick Leave
general provisions 6302
accrual and maximum accumulation 6307
transfer between different leave systems 6308
adoption 6307(c) 630.401(a)(6)
care of a family member with a serious health condition   630.401(a)(3),(b), and (d)
general family care and bereavement; and 6307(d) (expired) 630.401(a)(2),(a)(4), (c) and (d)
incapacity due to death of spouse   Comp. Gen. Opinion
B-207444 (10/20/82)
agency discretion   Comp. Gen. Opinion
B-170730 (08/16/71)
Substitution of leave sick leave for annual leave   630.405; Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(a)-Substitution of Sick Leave for Annual Leave
sick leave for leave without pay   Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(b)-Substitution of Sick Leave for Leave Without Pay
annual leave for sick leave   Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(a)-Substitution of Annual Leave for Sick Leave
annual leave for leave without pay   Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(b)-Substitution of Annual Leave for Leave Without Pay
substitution of leave without pay for annual leave   Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Annual Leave
substitution of leave without pay for sick leave   Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Sick Leave
Sunday premium pay prohibition on Sunday premium pay for periods of leave Section 624 of Treasury and General Government Appropriations Act, 1999, as contained in section 101(h) of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999  

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T

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Terminal leave     Comp. Gen. Opinion
B-223876 (06/12/87)
Transfer of leave between agencies and leave systems   6308 630.501, 630.502 Title II-Leave, Civilian Personnel Law Manual, chapter 2, part E-Transfers and Reemployment (Annual Leave) and chapter 4, part C-Transfers and Reemployment (Sick Leave)
to and from Milk Markets   Comp. Gen. Opinion B-109025, June 23, 1952, and B-109025, March 11, 1966
Travel to/from post of duty   6303(d) 630.207

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U

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Uncommon tours of duty   6307(d)(3)(B) 630.201, 630.210

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V

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Veterans use of leave for physical examination Executive Order 5396 (July 17, 1930)  
travel expenses - VA physical exam   Comp. Gen. Opinion
B-188012 (05/10/77
Volunteer activities     Presidential Memorandum, April 22, 1998; OPM Memorandum, April 23, 1998; Guidance April 23, 1998; OPM Memorandum CPM 2002-4, April 23, 2002
participation of Federal employees in volunteer activities  

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W

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Workers' compensation (Federal Employees Compensation Act) chapter 81 Title II-Leave, Civilian Personnel Law Manual, chapter 4, part E-Employee Receiving Workers' Compensation; chapter 4, part H-Buy Back of Sick Leave; and chapter 2, part G, 7(c)(4)-Buy Back of Annual Leave
buy-back of leave   20 CFR 10.202,310
No administrative leave for injury   Comp. Gen. Opinion
B-192510 (04/06/79)
forfeiture of annual leave   62 Comp. Gen. 253 (1983);Comp. Gen. Opinion
B-204524 (03/23/82)
accrual of leave while on leave without pay   630.204;29 Comp. Gen. 73 (1949);Comp. Gen. Opinion
B-180010.12 (03/08/79)

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NOTES:

  1. Opinions of the Comptroller General are included in the General Accounting Office's Civilian Personnel Law Manual (CPLM), Title II (Leave), Fourth Edition, 1996. Title II of the CPLM is available at the GAO website or may be ordered from the U.S. Government Printing Office at:

    Superintendent of Documents
    US Government Printing Office
    941 North Capitol Street
    Washington, DC 20402
    www.bookstore.gpo.gov

  2. Presidential memoranda and Office of Personnel Management (OPM) guidance materials on expanded family and medical leave policies and participation of Federal employees in volunteer activities may be accessed on the Pay & Leave section. See our leave fact sheets.

FAQs

  • Yes. OPM's regulations at 5 CFR 353.208 implementing the Uniformed Service Employment and Reemployment Rights Act (USERRA) state that an employee performing service with the uniformed services must be permitted, upon request, to use any accrued annual leave, military leave, earned compensatory time off for travel, or accrued sick leave (consistent with the statutory and regulatory criteria for using sick leave), during such service. An employee is entitled to use annual leave, military leave, earned compensatory time off for travel, or sick leave intermittently with leave without pay while on active duty or active/inactive duty training.
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  • Employees who are called to active duty in support of the ongoing national emergency are entitled to military leave under two separate provisions.A Federal employee who is a member of the National Guard or Reserves is entitled to 15 days (120 hours) of paid military leave under 5 U.S.C. 6323(a) each fiscal year for active duty, active duty training, or inactive duty training. An employee on military leave under section 6323(a) receives his or her full civilian salary, as well as military pay. This leave accrues at the beginning of each fiscal year, and all Guard or Reserve members, including those on extended active duty, should be credited with 15 days of paid military leave on October 1 of each year.An agency now may charge military leave under 6323 (a) only for hours the employee otherwise would have worked. An employee no longer "loses leave" on weekends and other nonworkdays and will be paid his or her full civilian pay for all 120 hours. (See fact sheet on Military Leave at http://www.opm.gov/oca/leave/HTML/military.asp. This guidance does not apply to employees of the U.S. Postal Service.)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). Under this provision the employee is entitled to the greater of his military or civilian pay. (See Question 6.)Employees also are entitled to use any accrued or accumulated annual leave for periods of active military duty. Employees using annual leave will receive their full civilian pay, as well as compensation for their military service.
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  • Yes. An employee may apply for and receive donated annual leave while their application for disability retirement is being processed. Under the Federal leave transfer and leave bank programs, an employee who is experiencing a personal or family medical emergency and who has exhausted his or her available paid leave may request to become an approved leave recipient and receive donated annual leave. Once the disability retirement application has been approved by the Office of Personnel Management, the leave recipient may no longer receive or use donated annual leave beyond the end of the pay period in which the agency receives the notice of allowance of disability retirement.
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  • The intent of OPM's regulations governing the use of sick leave for family care is to allow an employee to provide physical care and other assistance to a family member, as appropriate. This may include, for example, providing transportation and/or accompanying a family member to a health care provider's office or to a hospital or other health care facility, providing assistance during examination and/or treatment, and providing care and assistance during recovery. Under agency policies, managers and supervisors must use their judgment in administering the use of sick leave for family care or bereavement in a fair and equitable manner. It is not possible for OPM to regulate or specify the criteria for every situation that may arise.
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  • When the need for leave is foreseeable, an employee must give 30 days notice of his or her intent to take FMLA leave. When the need for leave is not foreseeable, an employee must provide notice as soon as is practicable. In addition, an agency may require an employee on leave for a serious health condition to provide initial medical certification and recertification every 30 calendar days. If the health care provider has specified on the initial medical certification a minimum duration of the period of incapacity, the agency may not request recertification until that period has passed unless other conditions arise that permit the agency to require recertification more frequently. (See 5 CFR 630.1207(h)(2)(i).)An agency's policies or procedures for notification of FMLA leave or medical certification may not be more stringent than required by OPM's regulations. If an employee who has been placed on leave restriction invokes his or her entitlement to FMLA leave, the agency must follow OPM's rules for notification and medical certification of FMLA leave.
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  • See the annual leave fact sheet at - http://www.opm.gov/oca/leave/HTML/ANNUAL.asp
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  • No. An employee is entitled to the greater of his civilian or military pay, not both. Under 5 U.S.C. 5519, the military pay received by an individual who has been activated in support of civil authorities or a contingency operation must be credited (less any travel, transportation, or other per diem allowances) against any Federal civilian pay the employee received during the 22 workdays of military leave. An agency may calculate the amount of military pay (less any travel, transportation, or per diem allowances) an employee will receive for the time period that corresponds to the 22 workdays of military leave and reduce the employee's civilian pay by that amount during the 22 workdays of military leave. In contrast, many agencies choose to continue to pay the employee his or her full civilian pay during the 22 workdays of military leave. At the end of the 22-day period of military leave, the agency requires the employee to refund to the agency an amount equal to the amount of military pay received (less any travel, transportation, or per diem allowances) up to the amount of his or her civilian pay for the time period that corresponds to the 22 workdays of military leave.
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  • The Family and Medical Leave Act of 1993 (FMLA) entitles covered Federal employees to a total of 12 workweeks of unpaid leave (leave without pay) during any 12-month period for certain family and medical needs, including the birth and care of a newborn. An employee may elect to substitute paid leave (e.g., annual or sick leave) for the unpaid FMLA leave, but only to the extent such paid leave is permitted under current law and regulations. If an employee chooses to invoke his or her entitlement to FMLA leave to care for a healthy newborn, he or she may only substitute annual leave for the unpaid leave, as there is no authority to use sick leave to care for a healthy child. An employee's entitlement to FMLA leave expires on the first anniversary of the child's birth.
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  • Agencies do not need to process any personnel actions (SF 50s) for periods of annual leave, military leave, earned compensatory time off for travel, or sick leave since the payroll system documents an employee's use of paid leave. Agencies should document an employee's use of leave without pay (LWOP) to perform duty with the uniformed services by processing a personnel action (SF 50) using nature of action "LWOP-US" (nature of action code 473). The effective date is the first day the employee begins to use leave without pay for duty with the uniformed services.Employees may use annual leave, military leave, compensatory time off for travel, or sick leave (consistent with the statutory and regulatory criteria for using sick leave), intermittently with leave without pay while performing duty with the uniformed services. OPM does not require that agencies process return-to-duty actions for each period of paid leave. Periods of "LWOP-US" may be interrupted by periods of annual leave or military leave without the need to process any additional personnel actions.
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  • Previously, OPM's regulations in 5 CFR 630.502(b) provided that an employee was entitled to a recredit of sick leave if he or she was reemployed in another Federal position within 3 years after separation. On December 2, 1994, OPM issued final regulations that removed the 3-year break-in-service limitation on the recredit of sick leave for former employees who are reemployed on or after December 2, 1994. Sick leave may not be recredited to employees who were reemployed in the Federal service before December 2, 1994, and who previously forfeited sick leave under the former rule.
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  • Yes. An employee who is a member of the Reserves or National Guard serving on active military duty which extends into a second or succeeding fiscal year may accrue and use the 15 days of military leave which accrue at the beginning of the second fiscal year and each succeeding fiscal year without return to civilian status. In addition, an employee who has been activated in support of the national emergency whose duty extends into the next calendar year will be entitled to up to an additional 22 days of military leave under 6323(b).
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  • Yes. Under 5 U.S.C. 6306, when an individual who received a lump-sum payment for accumulated and accrued annual leave under 5 U.S.C. 5551 is reemployed in the Federal service before the end of the period covered by the lump-sum payment, he or she must refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period. The refund is deposited in the Treasury of the United States to the credit of the employing agency. The refund is based on the rate of pay used to compute the lump-sum payment; e.g., an employee who received a lump-sum payment based on a GS-7 special salary rate must refund the lump-sum payment based on that same pay rate, even if he or she is reemployed at a lower grade level that is not covered by special salary rates.When an individual is reemployed in the Federal service in a position covered by the Federal leave system under 5 U.S.C. 6301(2), an amount of annual leave equal to the leave represented by the refund is recredited to the employee by the employing agency. When an individual is reemployed in the Federal service in a position not covered under 5 U.S.C. 6301(2), but is covered by a formal leave system, the amount of annual leave to be recredited to the employee will be determined using the rule for recrediting annual leave in 5 CFR 630.501(b).Individuals who are reemployed in a position excepted from the Federal leave system by 5 U.S.C. 6301(2)(ii), (iii), (vi), or (vii) are not required to refund a lump-sum payment. Individuals who are reemployed in the Federal service after expiration of the lump-sum period and individuals who are reemployed in the Federal service in a position that does not have a formal leave system in which the employee's annual leave may be recredited are not required to refund the lump-sum payment. Individuals who are reemployed in a position excepted from the Federal leave system by 5 U.S.C. 6301(2)(x)-(xiii) must refund the lump-sum payment, and the annual leave will be held in abeyance until the employee transfers to a position in which the annual leave may be recredited or the employee later becomes eligible for a lump-sum payment.A number of Comptroller General opinions on lump-sum payments may be found in the Civilian Personnel Law Manual, Title II--Leave, chapter 3, Lump-Sum Leave Payments.
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  • Yes. Effective November 24, 2003, all employees who have been activated in support of the national emergency declared by the President are entitled to the 22 days of military leave under 5 U.S.C. 6323(b).
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  • No. The Comptroller General has ruled that an individual on active duty military service may not be employed in a civilian capacity with the Government. The Comptroller General has held that the rendition of services to the Government in a civilian capacity by a member of the armed services on active duty is incompatible with the member's actual or potential military duties and payment for such services is not authorized in the absence of specific statutory authority. This is the case even though the civilian services are rendered during the military member's hours of relaxation or time provided to attend to personal affairs. (See 64 Comp. Gen. 395, 399-400 (1985), and 47 Comp. Gen. 505-506 (1968).)
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  • Yes. An employee who has received a RIF notice and is being involuntarily separated from an agency due to reduction in force or transfer of function may elect to use annual leave and remain on the agency's rolls after the date the employee otherwise would have been separated in order to establish initial eligibility for immediate retirement, including discontinued service or voluntary early retirement. The same option is also available to acquire eligibility to continue health benefits into retirement. In addition, an employee who is being involuntarily separated under adverse action procedures because of his or her decision to decline relocation (including transfer of function) may use annual leave to remain on the agency's rolls after the effective date of the relocation to establish initial eligibility for immediate retirement (including discontinued service or voluntary early retirement) and/or to establish initial eligibility to continue health benefits coverage into retirement. For further information, contact your agency personnel office or retirement counselor.
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Total Count: 56, Number of Pages: 4, Page: 1
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