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No. The Comptroller General has ruled consistently that if restored leave is forfeited again, there is no legal authority for its further restoration. Any restored leave unused at the expiration of the established time limits is again forfeited with no further right to restoration. In addition, administrative error may not serve as the basis to extend the time limit for using restored annual leave. This is so even if the agency fails to establish a separate leave account, fix the date for the expiration of the time limit, or properly advise the employee regarding the rules for using restored annual leave absent agency regulations requiring otherwise. (See Comptroller General opinions B-188993, December 12, 1977; B-213380, August 20, 1984; and B-256975, October 11, 1994.)
For information and guidance on family and medical leave, see the Family and Medical Leave fact sheet.
See our Definitions Related to Family Member and Immediate Relative
fact sheet at http://www.opm.gov/oca/leave/HTML/FamilyDefs.asp.
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—
Please see our Compensation Policy Memorandum (CPM) 2008-21 on the Minimum Service Requirement to Receive 5 Days of Excused Absence for Employees Returning from Active Military Duty at http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalID=1837.
For information on the leave and work scheduling options available to employees who wish to perform volunteer work, see the Volunteer Activities fact sheet.
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.
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