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For information on how a period of leave without pay (LWOP) may affect various benefits and programs, please see our Leave without Pay - Effect on Federal Benefits and Programs fact sheet.
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.
Yes. Under the Family and Medical Leave Act of 1993 (FMLA), a covered employee is entitled to a total of 12 workweeks of unpaid leave during any 12-month period for certain family and medical needs, including a serious health condition of the employee. An employee may substitute annual leave or sick leave for any or all of the period of unpaid leave, consistent with current law and regulations.
An employee awaiting approval of his or her request for disability retirement is entitled to use any or all of the 12 workweeks of leave under the FMLA, if he or she continues to meet the requirements and obligations under the FMLA.
A part-time employee earns annual leave and sick leave on a pro-rata basis. (See 5 CFR 630.303 and 630.406.) Therefore, an employee who works concurrently in two part-time Federal positions earns annual and sick leave on a pro-rata basis for the hours worked in each part-time position. In addition, only the leave earned in a given part-time position may be used for absences from that position.
For example, if an employee who works 4 hours a day/20 hours a week in the first part-time position and 4 hours a day/20 hours a week in the second position is ill for 1 workday, he or she should be charged 4 hours of sick leave in the first part-time position and 4 hours of sick leave in the second part-time position.
In most cases, restored annual leave must be scheduled and used not later than the end of the leave year ending 2 years after --
The above limitations do not apply to
Yes. Agencies have discretionary authority to grant excused absence to employees who were prevented from returning to work due to unique travel circumstances. However, employees on preapproved leave should continue to be charged leave until the date they were scheduled to return to duty. After such date, employees who are ending their leave must contact their supervisor to request to use additional annual leave, leave without pay, credit hours earned, compensatory time off earned, or excused absence (if the agency's internal policy permit). Telework may also be an option, under internal policy, if the employees have access to the necessary equipment or tools to accomplish their work.
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