return to orientation welcome
ca7 home
FEDERAL EMPLOYEES LEAVE INFORMATION

 
FMLA


Holidays


10 Paid Holidays Per year

New Years Day Labor Day
Birthday of Martin Luther King, Jr Columbus Day
Birthday of George Washington Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day

 

A N N U A L   L E A V E


Leave Accrual Chart

            Employees accrue annual (vacation) leave on a graduated basis according to their total years of federal service (civilian and military). Full time employees earn annual leave as follows:

YEARS OF SERVICE AMOUNT OF ANNUAL LEAVE EARNED EACH FULL BI-WEEKLY PAY PERIOD
 up to 3   4 hours (a total of 104 hours or 13 days per year)
3 to 15  6 hours - except that the accrual rate for the last full bi-weekly pay period in the calendar year is 10 hours (total of 160 hours or 20 days per year)
15 and over  8 hours (a total of 208 hours or 26 days per year)

  

Sick Leave, Federal Employees Family Friendly Leave Act and Family and Medical Leave Act (FMLA and FEFFLA).

 

S I C K  L E A V E

 

Full time employees accrue four hours of sick leave for each full bi-weekly pay period, for a total of 104 hours or 13 days of sick leave per year. Sick leave balances may be carried over from year to year with no limit.

Following are listed the three categories for which employees can use their accumulated sick leave:

            1. Employees Own Use

Sick leave is granted to employees for their absences relating to illness or medical care. Sick leave may be used under the following circumstances: when an employee is incapacitated for the performance of duty because of sickness, injury or pregnancy and confinement (the normal post delivery recovery period consists of six weeks from date of delivery); for medical, dental or optical examinations or treatments. An employee may also use sick leave for purposes related to the adoption of a child.

            2. Federal Employees Family Friendly Leave Act (FEFFLA)

Under the Federal Employee Family Friendly Leave Act a covered full-time employee may use 104 hours (13 workdays) of sick leave each leave year for this purpose. Part-time employees and employees with uncommon tours of duty are also covered, and the amount of sick leave permitted for family care and bereavement purposes is pro-rated in proportion to the average number of hours of work in the employee’s scheduled tour of duty each week. This rule does not apply to an employee requesting to become a leave recipient under the Voluntary Leave Sharing Program.

                        Sick leave under FEFFLA may be used for one or more of the following reasons:

 •



To provide care for or attend to a family member who has an illness, injury or condition which, if the employee had such a condition, would justify the use of sick leave by the employee (i.e., including physical or mental illness, injury, pregnancy, childbirth or medical, dental or optical examination or treatment); or
   
 •

For purposes relating to the death of a family member, including absence due to the need to make arrangements for or attend a funeral or memorial service.

 

            The definition of family member for the purposes of FEFFLA is:

1.
spouse and parents thereof;
2.
sons and daughters, and spouses thereof;
3.
parents and spouses thereof;
4.
brothers and sisters, and spouses thereof;
5.
grandparents and grandchildren, and spouses thereof;
6.

domestic partner and parents thereof, including domestic partners of any individual in paragraphs (2) through (5) of this definition; and
7.

any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

An employee may not use FEFFLA unless approved by his/her appointing officer. Sick leave taken under FEFFLA should be clearly indicated on the appropriate Leave Form. If an employee has already used 12 weeks of sick leave to care for a family member with a serious health condition he or she cannot use an additional 13 days in the same leave year for general family care purposes. An employee is entitled to a total of 12 weeks of sick leave each year for all family care purposes.

3. Sick Leave to Care for a Family Member With a Serious Health Condition

Most federal employees may use a total of up to 12 administrative work weeks of earned sick leave each leave year to care for a family member with a serious health condition. (Part time employee amounts will be pro-rated.) If an employee previously has used any portion of the 13 days of sick leave for general family care or bereavement purposes in a leave year (see FEFFLA), that amount must be subtracted from the 12-week entitlement. An employee is entitled to a total of 12 weeks of sick leave each year for all family care purposes.

            Family member means an individual with any of the following relationships to the             employee:

1.
spouse and parents thereof;
2.
sons and daughters, and spouses thereof;
3.
parents and spouses thereof;
4.
brothers and sisters, and spouses thereof;
5.
grandparents and grandchildren, and spouses thereof;
6.

domestic partner and parents thereof, including domestic partners of any individual in paragraphs (2) through (5) of this definition; and
7.

any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

  

“Serious Health Condition” has the same meaning as used in FMLA: “a physical and/or mental condition or illness that requires continuing treatment by, or under the supervision of, a health care provider and requires an employee to be absent from work on a recurring basis or for more than a few days. It includes treatment for a serious chronic health condition that, if left untreated, would likely result in an absence from work, school, or regular daily activities of more than 3 calendar days.”

Medical certification verifying the family member’s serious health condition may be required by your appointing officer and, if so, should be provided in a timely manner. The certification should verify that 1) the family member requires psychological comfort and/or physical care, 2) the family member would benefit from the employee’s care or presence and 3) the employee is needed to care for the family member for a specified period of time. Sick leave taken under this category should be clearly stated on the appropriate Leave Form.

 

FAMILY  AND  MEDICAL  LEAVE  ACT  (F M L A)

 

Under the Family and Medical Leave Act, an employee who has at least 12 months of federal service and whose term of appointment is greater than one year, is entitled to a total of 12 weeks of unpaid leave during any 12-month period for one or more of the following reasons: (For part-time employees, a week of unpaid leave consists of the number of hours equal to the number of hours in their regularly scheduled tour of duty work week.)

 The birth of a son or daughter and the care of the child *

 
 The placement of a son or daughter with the employee for adoption or foster care *



 The care of a spouse, son, daughter, or parent of the employee, if the spouse, son, daughter, or parent has a serious health condition; or



A serious health condition affecting the employee that makes the employee unable to perform the essential functions of his/her position.

 

A serious health condition is defined as a physical and/or mental condition or illness that requires continuing treatment by, or under the supervision of, a health care provider and requires an employee to be absent from work on a recurring basis or for more than a few days. It includes treatment for a serious chronic health condition that, if left untreated, would likely result in an absence from work, school, or regular daily activities of more than 3 calendar days.

Since the entitlement under FMLA is for unpaid leave, any LWOP taken beyond 80 hours within a single leave year may result in a postponement of step increases and loss of annual and sick leave accruals.

Leave for birth or adoption purposes shall not be taken intermittently or on a reduced leave schedule unless the employee and the appointing officer agree to do so. Leave for the care of oneself or of a family member with a serious health condition may be taken intermittently or on a reduced leave schedule when medically necessary.

When the need for leave is foreseeable, the employee must provide notice in writing of their intention to invoke FMLA to his/her appointing officer, not less than 30 days prior to the date the leave is to begin. In an emergency situation such request must be made as soon as possible. Not giving proper notice may result in the postponement of taking FMLA leave. An employee may take only the amount of family and medical leave that is necessary to manage the circumstances that prompted the need for leave.

An employee may use annual or sick leave in addition to the FMLA entitlement to 12 workweeks of unpaid leave. An employee may elect to substitute annual leave and/or sick leave consistent with current laws and regulations for using annual and sick leave, for any unpaid leave under the FMLA. (The amount of sick leave that may be used to care for a family member is limited. See Sick Leave to Care for a Family Member with a Serious Health Condition). Leave under FMLA may also be taken in conjunction with leave made available to an employee under the Voluntary Leave Sharing Program. The employee should notify their appointing officer in advance of his/her intent to substitute paid time.

A medical certificate issued by a health care provider may be required by your appointing officer and, if so, should be provided in a timely manner. The U.S. Department of Labor form WH-380 “Certification of Health Care Provider” may be used for this purpose and is available in the Human Resources Office. If specific medical information is required it will be communicated to the employee. The Family and Medical Leave Act allows the appointing officer to require medical certification from a second health care provider if the agency doubts the validity of the original medical certification.

Leave time taken under FMLA, including LWOP, should be clearly stated under the appropriate section of the leave form.

Federal Employee Health Benefits (FEHB) coverage is continued for an employee on unpaid leave in connection with FMLA. Arrangements will be made for the employee to pay the bi-weekly premiums. With prior approval, payments may be deferred until the employee returns to work.

*Federal Employee Paid Leave Act

The act provides 12 administrative workweeks of paid parental leave in connection with the birth, adoption, or foster care placement of a child for employees covered by the Family and Medical Leave Act (FMLA) provisions. Paid parental leave only arises under FMLA, it is not a stand-alone leave entitlement. Paid parental leave is substituted for unpaid FMLA leave and is available only during the 12-month period following the birth or placement.

Paid parental leave may be used only during the 12-month period following the birth or placement. There are no carryover provisions for any unused paid parental leave. An employee may not be paid for unused or expired paid parental leave.

Paid parental leave is available as long as an employee has a continuing parental role in connection with the child whose birth or placement was the basis for the leave entitlement.

Use of paid parental leave is reserved for periods when an employee is acting in a parental role and engaged in activities directly related to the care of the child whose birth or placement triggered the leave entitlement. Using paid parental leave for these purposes supports the objective of increased parent-child bonding.

An employee is not required to use annual leave or sick leave before requesting paid parental leave.

Prior to using paid parental leave, an employee is required to enter into a written service agreement to work for the agency for 12 weeks after the day on which paid parental leave concludes, which day is:



the workday on which an employee finishes using the 12 workweeks of paid parental leave; or




if the employee uses less than 12 workweeks of paid parental leave during the 12-month period following the birth or placement, the last workday on which the employee used paid parental leave in connection with the given child.

Any periods of work between intermittent uses of paid parental leave do not count toward completion of the 12-week work obligation. The work obligation is met by performing work after use of paid parental leave concludes.

The 12-week work obligation is statutorily fixed and applies regardless of the actual amount of leave used (i.e., an employee who uses less than 12 weeks of paid parental leave would still be obligated to work 12 weeks.

The work obligation refers to a period during which the employee is in a duty status. Any periods of paid or unpaid leave or time off, or other periods of non-duty status (e.g., furlough or AWOL) will not count toward the 12-week work obligation.

The service agreement will note the possible need to provide a reimbursement to the applicable employing agency if an employee fails to meet the required work obligation; however, that reimbursement requirement cannot be applied in certain circumstances and the agency may choose to not apply it in other circumstances.


Reimbursement of Agency Costs for Health Insurance

Failure to complete the 12-week work obligation may result in an employee being required to make a reimbursement to the agency that employed the employee during use of paid parental leave.

The determination to impose the reimbursement is at the agency’s sole and exclusive discretion, unless a waiver is required by statute and regulation.

The reimbursement is equal to the total amount of any government contribution the agency paid to maintain the employee’s health insurance coverage under the Federal Employees Health Benefits Program during the period that paid parental leave was used.

If the agency determines that reimbursement must be made, it must seek collection of the full amount. There is no authority for a partial waiver of the amount owed.

An agency may not require the reimbursement (i.e., mandatory waiver) if the agency determines that the employee is unable to return to work for the 12 weeks because of:






 the continuation, recurrence, or onset of a serious health condition (including mental health) of the employee or the child whose birth or placement was the basis for the paid parental leave, but, in the case of the employee’s serious health condition, only if the condition is related to the applicable birth or placement; or

any other circumstance beyond the employee’s control.


Before an agency makes a determination regarding whether to impose or waive the
reimbursement, it may require supporting certification by a healthcare provider if:




the employee claims a serious health condition (of the employee or the child whose birth or placement entitled the employee to paid parental leave) makes him or her unable to fulfill the necessary work requirement; or

 
another individual’s health condition prevents the employee’s fulfillment of the work requirement.


Employee Transfer

If an employee transfers between agencies while using paid parental leave in connection with a birth or placement, the work obligation will be owed to the agency employing the employee at the time use of paid parental leave concludes. That agency will be responsible for documenting whether the employee fulfills the work obligation.

Each agency that incurred costs for the employee’s health insurance during use of paid parental leave will make its own determination about whether to apply the reimbursement requirement.


Multiple Birth/Placement Events

If an employee has multiple children born or placed on the same day, the multiple-child birth/placement event is considered to be a single event that initiates a single entitlement of up to 12 weeks of paid parental leave.

If an employee has one or more children born or placed during the 12-month period following the date of an earlier birth or placement of a child of the employee, each event will generate a 12- week leave entitlement to be used during the 12-month period following birth/placement; however, any use of paid parental leave during an overlap period (i.e., period contained within more than one 12-month period following birth/placement) will count toward the 12-week limit for each birth/placement involved. In other words, usage of paid parental leave may count toward multiple 12-week limits to the extent that there are simultaneously in effect multiple ongoing 12-month periods beginning on the date of an applicable birth/placement.

Care for a Covered Service Member

Under 5 USC § 6382 (a) (3), an employee who is the spouse, son, daughter, parent or next of kin of a covered service member with a serious injury or illness is entitled to a total of 26 administrative workweeks of unpaid leave during a single 12-month period to care for the service member. An employee may elect to substitute any accrued or accumulated annual or sick leave for any part of the 26-week period of unpaid leave. During the single 12-month period described by this paragraph, an employee is entitled to a combined total of 26 administrative workweeks of leave.

1.



Covered service member means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
2.


Serious injury or illness means an injury or illness incurred by the member in line of duty on active duty that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.
3.

Active duty means duty under a call or order to active duty under a provision of law referred to in 10 USC § 101 (a) (13) (B).

An informative and interactive FMLA tutorial for employees is available on the J-NET under Human Resources.

 

last updated: 10/8/2020