Order
Subject
FHWA Personnel Management Manual; Part 1: Personnel Systems & Procedures, Chapter 7 Leave - Attachment: Leave Summary Chart
Classification Code
M3000.1C

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LEAVE SUMMARY CHART

TYPE OF LEAVE	PURPOSE/USE	APPROVAL/CONDITIONS	PROCEDURES
Annual Leave 5 CFR Part 630, Subpart C Title 5, Chapter 63, Subchapter I DOT Absence and Leave Handbook	1. Vacation/personal needs. 2. Can be substituted for sick leave.	Must be approved by supervisor or designated official. A maximum of 240 hours of annual leave may be accumulated for General Schedule (GS) employees. Advancement of Annual Leave Only the amount of leave which would be earned during the leave year can be advanced - if sufficient need is shown.	Annual leave should be requested and approved in advance, except in the case of emergencies. The Office of Personnel Management (OPM)-71, Request for Leave or Approved Absence, should document the leave request.
Restored Annual Leave 5 CFR Part 630, Subpart C Title 5, Chapter 63, Subchapter I DOT Absence and Leave Handbook	Annual leave, which would otherwise be forfeited at the end of the leave year, is restored to the employee in a separate leave account. Restored annual leave must be used no later than the end of the leave year ending 2 years after the date of termination of conditions 1 and 2, or the date of restoration/crediting of leave for conditions 3 and 4, as described in the next column. This has no effect on the normal limitation for regular annual leave.	1. Sickness. Employee is unable to use approved annual leave, which was scheduled to be used prior to the third biweekly pay period before the end of the leave year, due to the use of approved sick leave. 2. Exigency of Agency Business. Annual leave, approved in writing and scheduled for use before the beginning of the third biweekly pay period, is not permitted due to program operational demands. 3. Administrative error. 4. Unjustified or unwarranted personnel action.	For conditions 1 and 2, a request to restore annual leave must be submitted by January 31. The supervisor must forward the request, with his/her support, to Associate Administrators (AAs), the Acting Chief Counsel, the Chief Financial Officer (CFO) the Director of Field Services, Division Administrators, the Resource Center Director and Operations Manager, and Federal Lands Highway Division (FLHD) Engineers. For conditions 3 and 4, no action by the employee is required.
Sick Leave 5 CFR Part 630 Subpart D Title 5, Chapter 63 Subchapter I DOT Absence and Leave Handbook	1. Receive medical, dental or optical examination or treatment. 2. Are incapacitated by physical or mental illness, injury, pregnancy, or childbirth. 3. Would, because of exposure to a communicable disease, jeopardize the health of others by your presence on the job. 4. Absence from work for adoption-related activities. 5. Limited sick leave can be used to: A. Provide care for a family member as the result of physical or mental illness, injury, pregnancy, childbirth, or medical, dental, or optical examination or treatment. B. Make arrangements necessitated by the death of a family member or attend the funeral of a family member. Full-time employees may use up to 40 hours (5 days) of sick leave each leave year for family care and bereavement purposes. An additional 64 hours (8 days) may be used as long as a balance of at least 80 hours of sick leave is maintained in their sick leave account. The amount of sick leave available for part-time employees and employees with uncommon tours of duty is pro-rated. Sick leave may be used in lieu of annual leave if during a period of annual leave the employee unexpectedly becomes eligible to use sick leave, as outlined in 1 through 5 above.	When possible, sick leave should be approved in advance by the supervisor or designated official. Under the Family Friendly Leave Act of 1993, the DOT has defined "family member" to include spouses and parents of spouses; children (including adopted children and spouses of children); parents; siblings and their spouses; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. Supervisors should require medical documentation when the period of absence is more than 3 consecutive workdays. Documentation generally consists of a statement signed by a registered practicing physician or other practitioner which certifies the nature of the incapacitation, examination, treatment or period of disability in which the employee was receiving professional treatment. Supervisors may require medical documentation for absences of 3 working days or less. If a pattern develops of excessive sick leave use for short periods of time, the supervisor may require additional medical documentation from that employee. Employees may be placed on leave restriction in the form of a written notice explaining the reason for requiring additional documentation, the types of acceptable documentation, the conditions for which approval of subsequent leave requests can be obtained, and the consequences of not providing such documentation. In all cases, the FHWA may request more complete and detailed medical documentation, as described in 5 CFR Part 339, to determine the appropriateness of the leave request. Advancement of Sick Leave Employees may be advanced up to 30 days of sick leave, if supported by medical documentation (except for sick leave for family members which is still limited to 13 days). Employees with a time limitation on their appointments may be advanced sick leave only up to the amount they would earn during the remainder of their employment. AAs, the Acting Chief Counsel, the CFO, the Director of Field Services, Division Administrators, the Resource Center Director and Operations Manager, and FLHD Engineers may approve advanced sick leave. Advanced sick leave is charged against sick leave subsequently earned. If an employee indebted for advanced sick leave separates (except in the case of death, disability, or military service with restoration rights), the leave debt may be collected by the following: 1. Deduction from salary due employee; 2. Refund of leave payment from employee; 3. Claim filed against employee's retirement account; or 4. Referral to the Government Accountability Office for collection. Sick leave may not be advanced to an employee who is unlikely to be able to pay it back, (for example, an employee who has filed for disability retirement).
Family and Medical Leave 5 CFR Part 630, Subpart L Title 5, Chapter 63, Subchapter V DOT Absence and Leave Handbook	Covered employees are entitled to a total of 12 administrative workweeks of unpaid leave (leave without pay) during any 12 month period for: 1. The birth of a child and care of a newborn; 2. The placement of a child with employee for adoption or foster care; 3. The care of your spouse, child, or parent with a serious health condition; and 4. The employee’s own serious health condition which causes the employee to be unable to perform the duties of his/her position. Annual leave can be substituted for unpaid leave under FMLA. In those situations where sick leave is permitted, it can also be substituted for FMLA Leave.	Under the Family and Medical Leave Act (FMLA) of 1993, covered employees are entitled to FMLA leave. Covered employees include all employees who have completed at least 12 months of Federal service, not necessarily consecutive or recent, except: District of Columbia employees; temporary employees with a time limit of 1 year or less; and intermittent employees. FMLA leave shall be pro-rated for part-time employees. FMLA leave used for a birth or placement of a child must be used within 12 months after the birth or placement. Medical documentation may be required as provided in 5 USC 6383 (b) if leave is taken due to a serious health condition, either the employee’s or a family member, and it could require second and third medical opinions.	The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable" or, if that is not possible, as much notice as is practicable. Employees should inform their supervisors that they are invoking their FMLA entitlement by writing it on the OPM-71, Request for Leave or Approved Absence under Remarks.
Voluntary Leave Transfer Program (LTP) 5 CFR, Part 630, Subpart I Title 5, Chapter 63, Subchapter III DOT Absence and Leave Handbook	The Leave Transfer Program provides the opportunity for an employee who has exhausted his/her leave, due to a medical emergency involving self or a family member, to receive annual leave donated by another Federal employee. See LTP guidelines.	A medical emergency is a condition in which the employee's absence results from circumstances beyond his/her own control. The employee's medical condition must require his/her absence from duty without pay for at least 24 consecutive hours or 30 percent of his/her biweekly tour. Examples of medical emergencies include surgery, automobile accident injuries, serious illness, or life threatening diseases. The LTP may also be used by an employee to care for a family member who experiences such medical emergencies; however, any available sick leave must be used before using donated leave. Leave donor restrictions A leave donor may donate up to one-half of the amount of leave which they are entitled to accrue in a leave year. If the donor has use or lose leave, the maximum amount of leave that they may donate is the lesser of: 1. One-half of the amount of annual leave they would be entitled to accrue during the leave year or 2. The number of hours remaining in the leave year (as of the date of the contribution) for which you are scheduled to work. For example, if you have 5 weeks of leave to donate and there are only 3 weeks left in the leave year, you are only allowed to donate those hours that you would have used within that 3 week period. Other agencies Leave donors can be from another Federal agency in any of the following instances: 1. The donor is a family member of the leave recipient. 2. The amount of leave transferred from donors within the FHWA is not sufficient to meet the needs of the leave recipient. 3. Acceptance of the leave transferred from other Federal agencies would further the purpose of the voluntary leave transfer program. Leave recipients can accrue a maximum of 40 hours of annual leave and/or 40 hours of sick leave. This leave is set aside in a separate leave account and is available for the leave recipient after the termination of the medical emergency. LTP for maternity The LTP is not intended for use by an employee who wishes to take additional leave to care for a newborn or adopted child, unless extenuating circumstances exist. It can be used by an employee who experiences medical complications resulting from her pregnancy and who does not have sufficient leave to cover her absence from duty. It may also be used immediately following the birth of a child to allow the mother to recuperate during her period of incapacitation.	Employees must submit a Leave Recipient application (OPM-630) or request in writing through their supervisor to the appropriate AA, Acting Chief Counsel, CFO, Director of Field Services, Division Administrator, Resource Center Director and Operations Manager, or FLHD Engineer in order to take part in the LTP. The request should include: 1. Name, position, Social Security number, and grade or pay level; 2. A description of the medical emergency; 3. Medical documentation of the emergency which should include the expected duration of the emergency; and 4. The amount of unpaid leave that would have to be taken.. A designated contact, either the approved leave recipient or his/her designee, may send a general note requesting donated leave from other employees. Leave donors submit an OPM Form 630-A, Request to Donate Leave to Leave Recipient (within the FHWA) under the LTP, to transfer an amount of annual leave to a specified leave recipient. The form should be submitted to the designated contact person who will coordinate with the servicing human resources office.
Leave for Bone Marrow or Organ Donation Public Law (PL) 103-329, Section 629(a)) DOT Absence and Leave Handbook	To support employee decision to serve as a bone marrow or organ donor.	Federal employees are entitled to 7 days of paid leave each calendar year to serve as a bone-marrow donor. Employees may use up to 30 days of paid leave each calendar year to serve as an organ donor. This leave is granted in addition to any sick or annual leave required by requesting employee.	Employee must submit a written request for paid leave with appropriate medical documentation.
Leave Without Pay (LWOP) DOT Absence and Leave Handbook	LWOP is a temporary non-pay status granted at the employee's request and is approved by his/her supervisor. LWOP can be used for short periods of time or for extended leave. An employee can substitute LWOP for paid annual or sick leave at any time. LWOP is not an entitlement for most employees, except for disabled veterans who are entitled to LWOP necessary for medical treatment under Executive Order 5396 and reservists and National Guardsmen who are entitled to LWOP at the expiration of approved military leave.	LWOP must be approved by supervisor or designated official. Maximum initial period for which extended LWOP may be authorized is 12 months, except for an employee receiving disability compensation for injuries received on the job; or for an employee who requests extended LWOP to participate in a program of interest to the Federal government. An employee who is on LWOP the full day before, and the full day after a Federal holiday will not receive pay for the holiday. However, if the holiday is a regularly scheduled workday and the employee is in a pay status either the last hour of the workday before the holiday or the first hour after the holiday, the employees will be entitled to pay for the holiday. All LWOP (particularly over 30 calendar days) should be carefully examined to assure that the needs of the FHWA and the needs of employees are balanced. Employees on extended LWOP should be aware of the following: 1. They are eligible for continued life and health insurance benefits up to 1 year. 2. A maximum of 6 months LWOP can be crediting toward length of service and retirement during a leave year. 3. No leave is accrued while on LWOP. 4. The waiting period for a within grade increase, completion of a probationary period, and the conversion to career tenure will be extended by the amount of LWOP. 5. Employees have to pay their share of health benefits costs during or at the end of the LWOP period.	To request extended LWOP, employees should provide the following information to their immediate supervisor who will then forward the information with his/her support to the appropriate AA, Acting Chief Counsel, CFO, Director of Field Services, Division Administrator, Resource Center Director and Operations Manager, or FLHD Engineer. 1. OPM-71, Application for Leave. 2. A statement as to the reasons why extended LWOP is requested. 3. Medical information, as outlined in 5 CFR 339.104, if appropriate. 4. A statement indicating that the employee will return to duty at the expiration of the LWOP. A Request for Personnel Action, Standard Form (SF)-52 is sent to the servicing human resources office for processing for LWOP: 1.LWOP of 80 hours or more granted because of an on-the-job illness or an on-the-job injury; 2. LWOP not described above, that is scheduled for more than 30 days; 3. suspension that is scheduled for one day or more; 4. furlough that is scheduled for one day or more; or 5. placement in nonpay status actions for seasonal employees.
Administrative Leave or Excused Absence DOT Absence and Leave Handbook	This leave is administratively authorized by supervisors without loss of pay and without charge to leave. Generally an employee must be in duty status at the beginning and/or end of the period of excused absence.	The following are some of the situations where administrative leave may be authorized. 1. Tardiness or brief absence. At the supervisor's discretion, he/she may excuse occasional instances of tardiness or brief absence if the employee's reasons are adequate. The supervisor may require other forms of leave be taken, such as annual, LWOP, Compensatory time, or working an equivalent amount of time. 2. Attendance at parades, welcoming dignitaries, etc. Employees must be in duty status both immediately before and after the period of excused absence to be eligible. 3. Absence for registration and voting. If polls are not open at least 3 hours before or after the employee's regular hours of work, the employee may be granted 3 hours of excused absence. More excused absence may be authorized if 3 hours is insufficient; however, it may not exceed a full day. These conditions also apply to voter registration if the employee must register in person and cannot do so on a non-work day. 4. Blood donor program participation. Employees who donate blood to the Red Cross or other recognized blood bank organizations may be excused from duty for up to 4 hours. 5. Health treatment during work hours. An employee who becomes ill during working hours may be excused up to 1 hour for consultation and treatment in the nearest Federal government health unit or emergency room.	Employees must request excused absence from their supervisors prior to the absence, if possible.
Absence Without Leave (AWOL) DOT Absence and Leave Handbook	Absence from duty for which permission has not been granted. The employee will receive no pay for a period of AWOL.	AWOL is not a disciplinary action in and of itself. However, instances of AWOL may serve as the basis for disciplinary action. The supervisor should inform the employee that the absence is being documented on the time and attendance record as AWOL.
Court Leave Title 5, Chapter 63, Subchapter II DOT Absence and Leave Handbook	Absence with pay, without charge to employee's leave, will be granted for jury duty, except if the employee's absence from work would severely handicap program operations or result in waste of public funds.	Employee will be granted absence with pay, "court leave", from the date he/she is required to report to the court to the time discharged by the court. If the employee is excused from the court for one or more days or a substantial portion of one day, the employee must return to work, provided the court and place of work are within the same commuting distance. An employee on court leave for jury duty receives the same compensation as if he/she were on duty. Any additional compensation by the court must be forfeited to the FHWA, except for the following conditions: 1. Nonworkdays. If jury service is performed on nonworkdays (days outside of their regularly scheduled tour of duty for which Federal salary is not paid). 2. Nonworkhours. If jury duty is performed during hours which are outside of the employees regularly scheduled hour of work. If, however, the employee performs jury service during any of the hours in a pay status in his/her normal position, the employee may not be paid any jury fees for that day. 3. Holiday. If the employee would have been excused from his/her regular duties on the holiday, fees received may be kept if the holiday falls within the employee's basic tour of duty. 4. LWOP. If an employee is on LWOP when called for jury service, that employee is not entitled to court leave and therefore, may keep any jury fees. 5. Travel expenses in lieu of fees. An employee who performs jury service in a State court is not required to remit to the Federal government that part of the compensation received to cover travel expenses, where it is clear that a specific amount is received for travel expenses rather than for jury fees. Serving as a Witness in their Official Capacity. If the employee is serving in their official capacity as an FHWA employee and is summoned or assigned to testify or produce official records on behalf of the FHWA, he/she is considered to be in official duty status and receive compensation as appropriate. The employee may not accept witness fees, but he/she does receive travel expenses. If the employee is on LWOP for the period or is called as a witness in the official capacity of a former position held in the Federal service, the employee should receive the authorized witness fees and court allowances for travel expenses and subsistence. These amounts must be submitted to the servicing payroll office which will credit them to the appropriate compensation due the employee. Non-official capacity. If the employee is summoned as a witness in a judicial proceeding to testify in a nonofficial capacity on behalf of a State or local government, the absence will be charged to court leave. All fees, except travel and subsistence, should be submitted to the servicing payroll office. If the employee is on annual leave at the time, it should be charged to court leave for that period. Witness on behalf of private party. If an employee is summoned to testify in a nonofficial capacity on behalf of a private party and the United States, District of Columbia, or local government is not a party, he/she must use annual leave or LWOP. Witness fees and travel and subsistence expenses paid by the court may be kept by the employee. Witness who voluntarily requests to testify. An employee who is neither summoned nor assigned by the FHWA to appear before a judicial proceeding, but who voluntarily requests and is granted permission to testify before any such proceeding, does not receive court leave or travel expenses. The absence, if approved, will be charged to annual leave or LWOP. The employee may retain any payments made by the court.	Leave in this category will be documented on the time and attendance record as court leave. The employee should present to the supervisor the summons which requires his/her attendance in court. Upon return to duty, the employee will submit an original certificate of attendance in court, signed by the clerk of the court or other appropriate official. This certificate must show the dates and hours of service and must be forwarded to the payroll office to be retained for payroll and audit purposes. If the FHWA or employee wishes to request an exemption from jury duty, it requires approval from the appropriate AA, Acting Chief Counsel, CFO, Director of Field Services, Division Administrator, Resource Center Director and Operations Manager, or FLHD Engineer. All payments received by a State or local court as a result of the jury service should be collected from the employee by the servicing human resource office. See “conditions” for the circumstances when the employee may keep the fees.
Military Leave Title 5, Chapter 63, Subchapter II DOT Absence and Leave Handbook	Leave of absence from duty while participating with the U.S. Armed Forces or National Guard. Employee eligibility for military leave is based on the nature and length of the employee's appointment. A full-time or part-time employee who is a member of a reserve component of the U.S. Armed Forces or the National Guard and who is serving under a permanent or term appointment for one year or more is eligible for military leave. Employees on temporary appointments of less than 1 year are not eligible for military leave. Distinction between military leave and other types of military service. Military leave as described in paragraphs A1, A2, A3, and A4 must not be confused with military separations or military furloughs, which involve extended active duty for general service with the U.S. Armed Forces.	Types and Amount of Military Leave: A. For active duty and for training. 1. Full time employees who are members of the reserve components of the U.S. Armed Forces or the National Guard may be granted military leave of absence for active duty or for engagement in field or coast defense training (Title 5, Sec. 6323(a)). Military leave for these purposes accrues at a rate of 15 calendar days per fiscal year. This leave is allotted at the beginning of each fiscal year. Military leave may be carried over or accumulated for use in the succeeding fiscal years, for a maximum accumulation of 15 calendar days of leave. A maximum of 30 calendar days of military leave is available for use at the beginning of a fiscal year. Any additional absences for active duty or for training beyond the military leave accrued/accumulated may be granted and charged to annual leave or leave without pay. 2. Part-time employees (16 to 32 hours a week, as defined in 5 U.S.C. 3401 (2)) are also eligible to accrue military leave, but they accrue it at a percentage of the above rate of 15 calendar days per fiscal year. This percentage is determined by dividing “40” into the number of hours in the employee's regularly scheduled workweek during a fiscal year. Based on the above formula, part-time employees may accrue fractional days of military leave, which can be accumulated if they do not exceed the 15 calendar day maximum. However, fractional days can only be used when accumulated to a whole day since there is no provision for charging military leave in increments of less than one day (52 Comp. Gen. 471) or for rounding off a half day to a whole day. 3. Certain parades or Encampments. In addition, members of the District of Columbia National Guard may be granted military leave for all days for certain parades or encampments with no limit and no charge to the 15 calendar days accrued per fiscal year. This unlimited leave only applies to parades and encampments under Title 39 of the District of Columbia Code (see Attachment). 4. Law enforcement. Employees who are members of the reserve components of the U.S. Armed Forces or the National Guard may be granted military leave of absence to provide military aid in enforcing the law, either through Federal service or full-time military service for a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States (U.S.C 6323(b)). No more than 22 days of military leave for this purpose may be granted in a calendar year; this is in addition to the military leave for active duty or for training described above in A1. In addition, National Guard duty for disasters (such as floods, earthquakes, and hurricanes) is covered under this type of military leave, since the maintenance of law and order is a prime function of the military duties assigned (49 Comp. Gen. 234). 5. Other military leave.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, U.S.C., are entitled to 22 days of military leave under 5 U.S.C. 6323(b). . B. Computation of military leave. Military leave is converted into hours and charged in units of hours in order to avoid disparity in benefits for employees who work five 8-hour day tours of duty and those who work uncommon tours of duty (49 Comp. Gen. 234). 1. For active duty or for training purposes. Military leave for active duty or for training purposes is computed on a calendar day basis, for both full-time and part-time employees. Nonworkdays falling within a period of absence on active military duty or training are charged against the 15 calendar days of military leave accrued during the fiscal year plus any leave accumulated from a previous fiscal year. However, nonworkdays occurring at the beginning or end of the active duty or training period are not charged as military leave (27 Comp. Gen. 245). 2. For law enforcement purposes. Military leave for law enforcement purposes is computed on a workday basis, for both full-time and part-time employees. Military leave for this purpose is limited to 22 workdays in a calendar year (although any unused military leave under 5 U.S.C. 6323(a), may be used for Federal law enforcement only (see “procedures”). This leave is charged only for absence on regular workdays on which the employee would otherwise work and receive pay at straight time rates. Leave is not charged for days on which overtime rates would be paid, for holidays or for other nonworkdays. C. Provisions regarding dual compensation 1. Payment for military leave for active duty or for training. Employees absent on military leave for active duty or for training are entitled to receive both their regular civilian pay and the military pay and allowances to which they may be entitled on account of duty as a member of a reserve component of the Armed Forces or the National Guard (5 U.S.C. 2105(d) and 5534). 2. Payment for military leave for law enforcement. a. Employees on military leave for law enforcement purposes are not generally entitled to dual compensation. Employees on military leave for this purpose, on a regular civilian workday, may not receive any military pay (other than a travel, transportation, or per diem allowances) in addition to their civilian pay. The military pay received must be forwarded to the employees' payroll office (5 U.S.C. 5519) and credited toward their civilian pay. b. An employee who performs military service on a nonworkday may receive military pay without any deduction from civilian pay. c. An employee who has completed the tour of duty in his or her civilian position before being ordered to report for military duty on the same day is entitled to receive both civilian compensation and military pay for that day, with no deduction of military pay from civilian pay. 3. Payment for military leave for District of Columbia National Guard. a. When employees, who are members of the District of Columbia National Guard, are authorized military leave for certain parades and encampments, for active duty or for training purposes, their civilian pay will not be reduced by any amount received for this military service. b. When employees, who are members of the District of Columbia National Guard, are assembled for purposes of law enforcement, their absence is charged to the 22 workdays authorized for that purpose, and their military pay is deducted from their civilian pay. 4. Premium pay while on military leave. Employees are entitled to the same compensation (including scheduled overtime, night differential, and Sunday premium pay) which they would have received had they rendered service to a civilian position on the days they were required to be absent on military leave (27 Comp. Gen. 353; unpublished decision, Comp. Gen. B-113457, February 5, 1953).	Eligible employees must present their military orders to their supervisor. Only in rare instances, when the absence of an employee would seriously disrupt FHWA program operations, should the FHWA explore having the employee excused from his/her military duties by the appropriate military authority. If the military is unable to reschedule the military duty, the FHWA may deny an employee the leave (military, annual, LWOP) necessary to complete his/her military obligation (44 Comp. Gen. 224). Employees called to the Federalized National Guard for law enforcement purposes may, at the expiration of the 22 workdays of military leave allotted under 5 U.S.C. 6323(b), draw on any unused military leave allotted under 5 U.S.C. 6323(a). If the employee has insufficient military leave to cover all required absences for military duty, he or she will be granted annual leave or LWOP for the remainder. Excused absence or "administrative leave" for these purposes is prohibited (49 Comptroller General (Comp. Gen.) 233). Employees called by a State or the District of Columbia National Guard for law enforcement purposes may, at the expiration of the 22 workdays of military leave allotted under 5 U.S.C. 6323(b), be granted only annual leave or LWOP. When an employee absent on annual leave is ordered to military training duty, he or she may have the annual leave converted to military leave for the appropriate period. An employee must be in a duty or leave with pay status immediately before or after military duty in order to be granted military leave. If the employee was not in a duty or leave with pay status, no military leave can be granted since no civilian pay would have been lost (11 Comp. Gen. 469 and 29 Comp. Gen. 269).

Order
Subject
FHWA Personnel Management Manual; Part 1: Personnel Systems & Procedures, Chapter 7 Leave - Attachment: Leave Transfer Program (LTP)
Classification Code
M3000.1C

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Leave Transfer Program (LTP)

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Contents:

General Information
Becoming a Leave Recipient
Leave Donors
Leave Transfer Contact Points
Supervisor Responsibilities
Questions and Answers
Sample Leave Requests
Leave Transfer Summary Sheet

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General Information

What is the Leave Transfer Program?

The leave transfer program (LTP) provides the opportunity for an employee who has exhausted his/her paid leave, due to a medical emergency involving self or a family member, to receive annual leave donated by another employee. The regulatory guidance for this program can be found in 5 Code of Federal Regulations, Part 630, Subpart I.

The leave transfer program was designed to assist employees who are experiencing significant financial hardship due to the medical emergency.

What is a medical emergency?

A medical emergency means a medical condition that you or a family member is experiencing that will require you absence from duty for a minimum of 24 consecutive work hours for a full time employee (30% of a regularly scheduled tour of duty for a part-time employee), without any available paid leave which results in a substantial loss of income. Advanced sick or annual leave is not considered available paid leave and therefore does not disqualify an employee as a leave recipient in the LTP.

Examples of medical emergencies include: serious illness, surgery, automobile accident injuries, or life threatening disease.

 

Becoming a Leave Recipient

To become a leave recipient, you must make a written request through your supervisor to your Associate Administrator, Division Administrator, Director of Field Services, Chief Counsel, FLHD Engineer, or Resource Center Manager. You may use OPM-630, Leave Recipient Application Under the Voluntary Leave Transfer Program http://www.opm.gov/forms/pdf_fill/opm630.pdf or make a written request. You must provide the following information:

1. Name, position, title, social security number, and grade or pay level;

2. The reasons donated leave is needed, including a brief description of the nature, severity, and anticipated duration of the medical emergency;

3. Medical certification from a physician with respect to the medical emergency, including the expected duration of the emergency; and if it is a recurring medical emergency, the approximate frequency of the medical emergency affecting you; and

4. The amount of unpaid leave that would have to be taken. To be eligible for the program, the medical emergency must cause you to be absent without pay for a minimum of 24 hours. For part-time employees, the amount of leave without pay would need to be at least 30% of your regularly scheduled tour of duty.

You may apply for the program in anticipation of a period of unpaid leave which will be or exceed 24 hours. If you are caring for a family member who is facing a medical emergency, you must have exhausted your annual leave and your allowable sick leave to care for them (40 hours a calendar year if you have less than 80 hours in your sick leave account and 104 hours a year if you maintain 80 hours in your sick leave account).

In the LTP, family member means your spouse, and their parents; children, including adopted children, and their spouses; parents; siblings and their spouses; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Once approved for the program, a contact person acting on your behalf will solicit annual leave donations through the e-mail and the Intranet. All leave transfers are coordinated with the FAA Payroll Branch through the LTP Coordinator in Headquarters.

Leave Recipient Responsibilities

It is your responsibility to keep your supervisor informed as to the status of your medical emergency. The Agency has the responsibility to continually monitor the status of your medical emergency to ensure that you continue to be affected by the medical emergency.

Your case will be re-evaluated every 3 months and additional medical documentation may be requested to support your continued participation in the program. Your supervisor may request medical documentation on a more frequent basis to support your absence and your use of donated leave.

If you are able to return to work on a temporary or part-time basis, but the medical emergency has not yet terminated, your supervisor may request medical documentation in accordance with the 5 CFR 339.104. The documentation must include a medical prognosis, an estimate of the expected date of recovery, and any recommended accommodation the Agency may need to take.

Once you are no longer affected by the medical emergency, you or your personal representative must notify your supervisor and contact point in writing. Your notice will then be forwarded to the LTP Coordinator in Headquarters and you will be removed from the program at the end of the pay period.

Use of Donated Leave

You may use your donated annual leave only for absences related to your medical emergency which warranted your approval into the leave transfer program. The approval and use of donated annual leave is subject to all of the conditions and requirements as the use of regular accrued annual leave. However, there is no limit on the amount of donated annual leave you can receive.

Donated leave may be substituted retroactively for any period of leave without pay or used to liquidate an indebtedness for any period of advanced leave that began on or after the date of the medical emergency, as determined by the approving official, based on medical documentation.

You cannot receive credit for the donated leave in a lump sum payment after separation and it cannot be re-credited to you if you return to federal service after separation.

Earning and Use of Other Paid Leave While on the Program

While you are approved to be a leave recipient and are receiving donated leave, you will accrue annual and sick leave at your usual rate. However, you may not accrue and keep more than 40 hours of annual and 40 hours of sick leave while in the LTP. This leave is set aside for use after your medical emergency has ended or once all other leave has been exhausted. Any accrued annual leave (and sick leave when appropriate) greater than 40 hours must be used before using donated leave. If you return to duty on a part-time or temporary basis during the medical emergency period, the annual and sick leave earned while you are working is placed in your regular leave accounts.

Advanced Sick Leave

Advanced sick leave (see PMM chapter 7, Leave), once approved by the appropriate official based on medical documentation, can be used in conjunction with the leave transfer program to avoid or minimize the use of leave without pay. Donated leave can also be used to pay off an advanced sick leave debt.

Program Termination as a Leave Recipient

Participation in the LTP as a leave recipient ends once the medical emergency is over. The medical emergency is considered over:

1. At the end of the pay period in which the FHWA receives written notice from you, as the leave recipient (or a personal representative), that you are no longer affected by a medical emergency;

2. When you are no longer a Federal employer;

3. At the end of the pay period in which the FHWA receives notice that the Office of Personnel Management has approved your application for disability retirement;

4. At the end of the pay period in which FHWA determines, after written notice and 10 calendar day opportunity for you (or your personal representative) to respond orally or in writing, that you are no longer affected by a medical emergency. See Supervisor Responsibilities for more information.

Restoration of Unused Transferred Leave

To the extent possible, donated annual leave remaining to your credit after the medical emergency ends is restored back to the leave donors. The amount of the unused donated leave to be restored is determined as follows:

1. Divide the number of hours of unused donated annual leave by the total number of hours of annual leave transferred to the leave recipient.

2. Multiply that ratio by the number of hours transferred by each leave donor eligible for restoration.

3. Round the result to the nearest hour.

If the total number of eligible leave donors exceeds the total number of hours of annual leave to be restored, no unused transferred annual leave can be restored. At the election of the leave donor, unused transferred annual leave may be credited in their current annual leave account; credited to their leave account effective as of the first day of the first leave year beginning after the date of election; or donated in whole or in part to another leave recipient.

 

Leave Donors

Leave Donation Process

To donate annual leave to an approved leave recipient, complete form OPM 630-A Request to Donate Annual Leave (for a leave recipient within the Agency) or OPM 630-B (for a leave recipient outside of the Agency) and forward it to the contact point designated for that leave recipient, as provided on the leave request announcement or on the Leave Recipient List. The contact person will coordinate with the LTP Coordinator in Headquarters, Room 4322. Once processed, the "beginning balance" section of your Statement of Earnings and Leave will reflect your leave balance less the number of leave hours you donated.

Leave Donation Limitations

You may donate one-half of the amount of leave which you are entitled to accrue in a leave year. If you have use-or-lose leave, the maximum amount of leave that you may donate will be the lesser of: one-half of the amount of annual leave you would be entitled to accrue during the leave year or the number of hours remaining in the leave year (as of the date of the contribution) for which you are scheduled to work.

For example: You are in the 8 hour category with a balance of 380 hours of leave. To avoid forfeiting your use-or-lose hours exceeding 240, you wish to donate 140 hours. However, there are only two weeks left in the leave year. The maximum amount that could be donated would be 80 hours, which equals the remaining hours left for you to work in the leave year. If you had come in earlier during the year, you could have donated 104 hours, which is half of the amount of annual leave that you are entitled to accrue during the leave year.

In unusual circumstances the limitation on the 104 hour maximum that FHWA employees can be waived by the Leave Transfer Program Coordinator if: 1) the recipient is facing a long term illness; 2) there is not enough leave donated; or 3) the donor is a relative of the recipient.

A leave donor cannot donate leave to his or her supervisor.

Donations From/To Employees Outside of the FHWA or DOT

Requests to donate leave will be accepted from other FHWA employees or employees of other DOT Administrations first. The FHWA will accept the transfer of annual leave from leave donors employed by one or more other Federal agencies when 1) the donor is a family member of a leave recipient; 2) The amount of leave transferred from donors within the agency is not sufficient to meet the needs of the leave recipient; or 3) the acceptance of the leave transferred from other Federal agencies would further the purpose of the voluntary leave transfer program.

To donate leave to an employee within the DOT, but outside of the FHWA, complete an OPM 630-A Request to Donate Annual Leave for a Leave Recipient Within the Agency http://www.opm.gov/forms/pdf_fill/opm630a.pdf and submit it directly to the LTP Coordinator in Headquarters, Room 4322. The coordinator will verify that the leave donated is available and forward it to the recipient’s operating administration.

Leave can be transferred between Federal agencies with similar leave transfer programs. However, leave cannot be transferred to another Federal agency if they have a leave bank system instead of a leave transfer system. To donate leave to a federal employee outside of the DOT, complete an OPM 630-B, Request to Donate Annual Leave for a Leave Recipient Outside of the Agency http://www.opm.gov/forms/pdf_fill/opm630b.pdf and submit it directly to the LTP Coordinator in Headquarters, Room 4322, along with a contact person in the leave recipient’s Federal agency. One copy of the form will be submitted to the Atlanta payroll office for the leave debiting and another copy will be forwarded to the leave recipient’s agency for the leave crediting.

 

Leave Transfer Contact Points

The approving official in the leave recipients organization (such as an Associate Administrator, Division Administrator, Director of Field Services, Chief Counsel, FLHD Engineer or Resource Manager etc.) is responsible for assigning a contact person to coordinate the announcement and receipt of donated leave. The contact person plays a very important role in ensuring that the donated leave is accurately transferred to the approved recipient. If appropriate, you may also be asked to coordinate the approval and use of advanced annual or sick leave for the leave recipient, minimizing the impact of any leave without pay.

The contact point should work closely with the leave recipient and the LTP Coordinator to do the following:

1. Forward the original leave transfer request approval and medical documentation to the LTP Coordinator.

2. Announce through the E-mail system the need for donated leave. The leave recipient can request that this announcement be made to a specific audience (such as only in their immediate organization) or throughout the FHWA. Also it is important to protect the privacy of the leave recipient to the extent possible. Please see Sample Announcements for suggested formats of the e-mail announcements.

3. Collect all the leave donation forms (OPM 630-A’s) and submit them to the LTP Coordinator in Headquarters, room 4322, using the Leave Donation Summary Sheet.

4. Maintain a copy of all leave donation forms and summary sheets.

5. Ensure that the timecard is coded correctly so that it shows annual leave while the leave recipient is using the donated leave.

6. Coordinate the LTP termination notice from the leave recipient to the LTP Coordinator.

 

Supervisor Responsibilities

Application Requirements

Associate Administrators, Division Administrators, Director of Field Services, Chief Counsel, FLHD Engineers and Resource Managers are responsible for approving requests of employees to become recipients in the leave transfer program. To ensure consistency in program operation, all approving officials must be provided the following information from the leave recipient or personal representative acting on his/her behalf, before making a determination:

1. The name, position title, and grade or pay level of the potential leave recipient:

2. The reasons donated leave is needed, including a brief description of the nature, severity, and anticipated duration of the medical emergency;

3. Medical certification from one or more physicians with respect to the medical emergency, including the expected duration of the emergency; and if it is a recurring medical emergency, the approximate frequency of the medical emergency affecting the employee; and

4. The amount of leave without pay that would need to be taken because of the medical emergency. To be eligible for the program, a minimum of 24 hours of unpaid leave must be needed. For part-time employees, the amount of leave without pay would need to be at least 30% of their regularly scheduled tour of duty.

Approving/Disapproving

If the application is approved, supervisors or their designee must notify the leave recipient as soon as possible, (but no later than 10 calendar days from the date the request was initially received, and assign a leave transfer contact person for the leave recipient to work with who will coordinator the leave recipients donations.

If the application is not approved, the employee must be notified in writing and provided the reasons for the disapproval no later than 10 calendar days from the date the request was initially received.

Immediate Supervisory Program Responsibilities and Use of Donated Leave

As the immediate supervisor of an approved leave transfer program recipient, you should review your employee’s leave transfer program status approximately every 3 months to ensure that the employee is still affected by the medical emergency. If you do not have recent medical documentation, you should request additional medical documentation to support their continued participation in the program. However, you may request additional medical information more frequently if you determine that it is warranted or if the expected duration of the medical emergency has passed.

If the employee is able to return to work on a temporary or part-time basis, but the medical emergency has not terminated, you should request additional medical documentation as outlined in 5 Code of Federal Regulation, part 339.104. This documentation should include the medical prognosis, and any accommodations the Agency could make to remove any risk of injury or aggravation of their medical condition.

The donated leave may only be used by the leave recipient for absences related to their medical emergency. The approval and use of donated annual leave is subject to all of the conditions and requirements as the use of regular accrued annual leave. Therefore, your employee should keep you informed as to their need to be absent and the length of their absence. Established leave procedures should continue to be followed. Open and frequent communication throughout your employee’s absence should help to avoid any potential misunderstandings.

Medical Emergency Terminations

The agency is responsible for continuously monitoring the status of the medical emergency affecting a leave recipient to ensure that the recipient continues to be affected by the medical emergency. If at any time there is a question as to whether the leave recipient is still affected by the medical emergency, the supervisor must request additional medical documentation supporting the leave recipient’s continued participation in the program. If the medical documentation is insufficient or is not provided, the approving official may provide the leave recipient with a letter proposing to terminate their participation in the program. The leave recipient (or personal representative acting on their behalf) is entitled to a 10 calendar day opportunity to respond orally or in writing to the termination. The decision will then be made in writing to the leave recipient by the approving official as to their program termination.

 

Questions and Answers

If my donated leave is exhausted, are there any other alternatives?

You may request leave without pay, or you may invoke your entitlement under the Family Medical Leave Act (FMLA) of up to 12 administrative workweeks of unpaid leave. FMLA has requirements that you need to meet, so contact your human resource center for more information.

Can an employee use donated leave for maternity purposes?

The leave transfer program can be used by an employee who experiences medical complications resulting from her pregnancy and who does not have sufficient leave to cover her absence from duty. It may also be used immediately following the birth of a child while the mother is under a physicians care to recuperate from the delivery, usually 6 to 8 weeks. The program is not intended for use by an employee who wishes to take additional leave to care for a newborn or adopted child, unless extenuating circumstances exist, such as a serious medical condition affecting the child. The provisions of the Family Medical Leave Act (FMLA) are also applicable in this situation.

Why can’t sick leave be donated as well as annual leave?

The Office of Personnel Management regulations mandating the establishment of the Leave Transfer program within government agencies C5, Code of Federal Regulations, Part 630C specifically allows an employee to only donate annual leave.

Can employees who abuse their leave be excluded from participating in the leave transfer program?

The requirements for approval into the Leave Transfer Program are the same for all employees regardless of their leave balances at the time of a medical emergency. To be eligible to participate in the program, an employee must request approval from their supervisor, provide medical documentation supporting the occurrence of a medical emergency, and show the amount of unpaid leave that would have to be taken due to the emergency. The amount of unpaid absence must be at least 24 hours to qualify for the program.

There are program measures to ensure that employees on the leave transfer program are using the donated leave appropriately. Supervisors may deny an employee’s request to use donated annual leave just as he or she may deny an employee’s request to use other annual leave. In addition, management is responsible for monitoring the status of the medical emergency affecting the leave recipient continually to ensure that the leave recipient continues to be affected by the medical emergency.

Can the names of the donors be given to the recipient so that they can be thanked personally?

Leave recipients can be given the names of employees who donated leave to them. However, the amount of leave donated or any other personal information is not provided to the leave recipient.

Why don’t we supplement the leave transfer program with a leave bank?

There are several reasons why we have not implemented a leave bank. One, a leave bank requires a greater use of administrative resources, including the establishment of a leave bank board, which is responsible for running the program and for overseeing operations. A leave transfer program is easier to manage and less expensive to operate. Two, with a leave bank, leave donors generally cannot select to who they donate leave. Many of those who responded to our LTP survey indicated that they would be much more inclined to donate leave to a person they knew and to whose circumstances they were familiar. Three, other Federal employees outside of the agency can donate leave to a friend or family member who is an approved leave recipient under FHWA’s leave transfer program. A leave bank does not allow this type of flexibility.

 

Sample Leave Requests

Sample 1

Mr. Jones, (Location), has been accepted into the Voluntary Leave Transfer Program due to a medical emergency. Mr. Jones has been diagnosed with a severe illness which will require a long recuperation period. He has exhausted all his available leave and is currently accepting leave donations.

If you wish to donate annual leave, please complete form OPM-630A, "Request to Donate Annual Leave" and forward the completed form to (name of contact point, address and telephone number). Any donation that you care to make will be appreciated.

Sample 2

Ms. (name and location) is facing a medical emergency due to complications with her pregnancy. Ms. Smith has exhausted all leave and has been approved for participation in the Leave Transfer Program.

If you would like to help by donating leave for Ms. Smith, please fill out form OPM 630-A. You can obtain a copy of this form from your administrative officer, your servicing Human Resource Office, or by calling (name of contact point and phone number). Completed forms should be sent directly to (name of contact and address). Thank you.

 

Order
Subject
FHWA Personnel Management Manual; Part 1: Personnel Systems & Procedures, Chapter 7 Leave - Leave Transfer Program (LTP)
Classification Code
M3000.1C

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Exclusively for FHWA Employees

Leave Transfer Program (LTP)

Contents:

1. General Information
2. Becoming a Leave Recipient
3. Leave Donors
4. Leave Transfer Contact Points
5. Supervisor Responsibilities
6. Questions and Answers
7. Sample Leave Requests
8. Leave Transfer Summary Sheet

 

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General Information

What is the Leave Transfer Program?

The leave transfer program (LTP) provides the opportunity for an employee who has exhausted his/her paid leave, due to a medical emergency involving self or a family member, to receive annual leave donated by another employee. The regulatory guidance for this program can be found in 5 Code of Federal Regulations, Part 630, Subpart I.

The leave transfer program was designed to assist employees who are experiencing significant financial hardship due to the medical emergency.

What is a medical emergency?

A medical emergency means a medical condition that an employee or a family member is experiencing that will require an employee’s absence from duty for a minimum of 24 consecutive work hours for a full time employee (30% of a regularly scheduled tour of duty for a part-time employee), without any available paid leave which results in a substantial loss of income. Advanced sick or annual leave is not considered available paid leave and therefore does not disqualify an employee as a leave recipient in the LTP.

Examples of medical emergencies include: serious illness, surgery, automobile accident injuries, or life threatening disease.

Becoming a Leave Recipient

To become a leave recipient, an employee must make a written request through his/her supervisor to his/her Associate Administrator, Division Administrator, Director of Field Services, Chief Counsel, FLHD Engineer, or Resource Center Director. An employee may use OPM-630, Leave Recipient Application Under the Voluntary Leave Transfer Program http://www.opm.gov/forms/pdf_fill/opm630.pdf or make a written request. The employee must provide the following information:

1. Name, position, title, social security number, and grade or pay level;

2. The reasons donated leave is needed, including a brief description of the nature, severity, and anticipated duration of the medical emergency;

3. Medical certification from a physician with respect to the medical emergency, including the expected duration of the emergency; and if it is a recurring medical emergency, the approximate frequency of the medical emergency affecting the employee; and

4. The amount of unpaid leave that would have to be taken. To be eligible for the program, the medical emergency must cause the employee to be absent without pay for a minimum of 24 hours. For part-time employees, the amount of leave without pay would need to be at least 30% of the employee’s regularly scheduled tour of duty.

An employee may apply for the program in anticipation of a period of unpaid leave, which will be or exceed 24 hours. If the employee is caring for a family member who is facing a medical emergency, the employee must have exhausted the employee’s annual leave and the employee’s allowable sick leave to care for them (40 hours a calender year if the employee has less than 80 hours in the employee’s sick leave account and 104 hours a calender year if the employee maintains 80 hours in the employee’s sick leave account).

In the LTP, family member means the employee’s spouse, and their parents; children, including adopted children, and their spouses; parents; siblings and their spouses; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Once approved for the program, a contact person acting on the employee’s behalf, will solicit annual leave donations through the e-mail and the Intranet. All leave transfers are coordinated with the FAA Payroll Branch through the LTP Coordinator in Headquarters.

Leave Recipient Responsibilities

It is the employee’s responsibility to keep his/her supervisor informed as to the status of his/her medical emergency. The Agency has the responsibility to continually monitor the status of the employee’s medical emergency to ensure that he/she continue to be affected by the medical emergency.

The employee’s case will be re-evaluated every 3 months and additional medical documentation may be requested to support his/her continued participation in the program. The employee’s supervisor may request medical documentation on a more frequent basis to support his/her absence and his/her use of donated leave.

If the employee is able to return to work on a temporary or part-time basis, but the medical emergency has not yet terminated, the employee’s supervisor may request medical documentation in accordance with the 5 CFR 339.104. The documentation must include a medical prognosis, an estimate of the expected date of recovery, and any recommended accommodation the Agency may need to take.

Once the employee is no longer affected by the medical emergency, he/she or his/her personal representative must notify his/her supervisor and contact point in writing. The employee’s notice will then be forwarded to the LTP Coordinator in Headquarters and the employee will be removed from the program at the end of the pay period.

Use of Donated Leave

The employee may use his/her donated annual leave only for absences related to his/her medical emergency, which warranted his/her approval into the leave transfer program. The approval and use of donated annual leave is subject to all of the conditions and requirements as the use of regular accrued annual leave. However, there is no limit on the amount of donated annual leave an employee can receive.

Donated leave may be substituted retroactively for any period of leave without pay or used to liquidate an indebtedness for any period of advanced leave that began on or after the date of the medical emergency, as determined by the approving official, based on medical documentation.

The employee cannot receive credit for the donated leave in a lump sum payment after separation and it cannot be re-credited to the employee if he/she returns to federal service after separation.
 

Earning and Use of Other Paid Leave While on the Program

While the employee is approved to be a leave recipient and are receiving donated leave, the employee will accrue annual and sick leave at his/her usual rate. However, the employee may not accrue and keep more than 40 hours of annual and 40 hours of sick leave while in the LTP. This leave is set aside for use after the employee’s medical emergency has ended or once all other leave has been exhausted. Any accrued annual leave (and sick leave when appropriate) greater than 40 hours must be used before using donated leave. If the employee returns to duty on a part-time or temporary basis during the medical emergency period, the annual and sick leave earned while the employee is working is placed in the employee’s regular leave accounts.

Advanced Sick Leave

Advanced sick leave (see PMM chapter 7, Leave), once approved by the appropriate official based on medical documentation, can be used in conjunction with the leave transfer program to avoid or minimize the use of leave without pay. Donated leave can also be used to pay off an advanced sick leave debt.

Program Termination as a Leave Recipient

Participation in the LTP as a leave recipient ends once the medical emergency is over. The medical emergency is considered over:

1. At the end of the pay period in which the FHWA receives written notice from the employee, as the leave recipient (or a personal representative), that the employee is no longer affected by a medical emergency;

2. When the employee is no longer a Federal employer;

3. At the end of the pay period in which the FHWA receives notice that the Office of Personnel Management has approved the employee’s application for disability retirement;

4. At the end of the pay period in which FHWA determines, after written notice and 10 calendar day opportunity for the employee (or his/her personal representative) to respond orally or in writing, that the employee is no longer affected by a medical emergency. See Supervisor Responsibilities for more information.

Restoration of Unused Transferred Leave

To the extent possible, donated annual leave remaining to the employee';s credit after the medical emergency ends is restored back to the leave donors. The amount of the unused donated leave to be restored is determined as follows:

1. Divide the number of hours of unused donated annual leave by the total number of hours of annual leave transferred to the leave recipient.

2. Multiply that ratio by the number of hours transferred by each leave donor eligible for restoration.

3. Round the result to the nearest hour.

If the total number of eligible leave donors exceeds the total number of hours of annual leave to be restored, no unused transferred annual leave can be restored. At the election of the leave donor, unused transferred annual leave may be credited in their current annual leave account; credited to their leave account effective as of the first day of the first leave year beginning after the date of election; or donated in whole or in part to another leave recipient.

Leave Donors

Leave Donation Process

To donate annual leave to an approved leave recipient, complete form Optional Form 630-A Request to Donate Annual Leave (for a leave recipient within the Agency) or Optional Form 630-B (for a leave recipient outside of the Agency) and forward it to the contact point designated for that leave recipient, as provided on the leave request announcement or on the Leave Recipient List. The contact person will coordinate with the LTP Coordinator in Headquarters, Room 4322. Once processed, the "beginning balance" section of the employee's Statement of Earnings and Leave will reflect the employee's leave balance less the number of leave hours the employee donated.

Leave Donation Limitations

The employee may donate one-half of the amount of leave which the employee are entitled to accrue in a leave year. If the employee has use-or-lose leave, the maximum amount of leave that the employee may donate will be the lesser of: one-half of the amount of annual leave the employee would be entitled to accrue during the leave year or the number of hours remaining in the leave year (as of the date of the contribution) for which the employee is scheduled to work.

For example: The employee is in the 8 hour category with a balance of 380 hours of leave. To avoid forfeiting the employee’s use-or-lose hours exceeding 240, the employee wishes to donate 140 hours. However, there are only two weeks left in the leave year. The maximum amount that could be donated would be 80 hours, which equals the remaining hours left for the employee to work in the leave year. If the employee had come in earlier during the year, the employee could have donated 104 hours, which is half of the amount of annual leave that the employee is entitled to accrue during the leave year.

In unusual circumstances the limitation on the 104 hour maximum that FHWA employees can be waived by the Leave Transfer Program Coordinator if: 1) the recipient is facing a long term illness; 2) there is not enough leave donated; or 3) the donor is a relative of the recipient.

A leave donor cannot donate leave to his or her supervisor.

Donations From/To Employees Outside of the FHWA or DOT

Requests to donate leave will be accepted from other FHWA employees or employees of other DOT Administrations first. The FHWA will accept the transfer of annual leave from leave donors employed by one or more other Federal agencies when 1) the donor is a family member of a leave recipient; 2) The amount of leave transferred from donors within the agency is not sufficient to meet the needs of the leave recipient; or 3) the acceptance of the leave transferred from other Federal agencies would further the purpose of the voluntary leave transfer program.

To donate leave to an employee within the DOT, but outside of the FHWA, complete an OPM 630-A Request to Donate Annual Leave for a Leave Recipient Within the Agency http://www.opm.gov/forms/pdf_fill/opm630a.pdf and submit it directly to the LTP Coordinator in Headquarters, Room 4322. The coordinator will verify that the leave donated is available and forward it to the recipient’s operating administration.

Leave can be transferred between Federal agencies with similar leave transfer programs. However, leave cannot be transferred to another Federal agency if they have a leave bank system instead of a leave transfer system. To donate leave to a federal employee outside of the DOT, complete an OPM 630-B, Request to Donate Annual Leave for a Leave Recipient Outside of the Agency http://www.opm.gov/forms/pdf_fill/opm630b.pdf and submit it directly to the LTP Coordinator in Headquarters, Room 4322, along with a contact person in the leave recipient’s Federal agency. One copy of the form will be submitted to the Atlanta payroll office for the leave debiting and another copy will be forwarded to the leave recipient’s agency for the leave crediting.
.

Leave Transfer Contact Points

The approving official in the leave recipients organization (such as an Associate Administrator, Division Administrator, Director of Field Services, Chief Counsel, FLHD Engineer or Resource Manager etc...) is responsible for assigning a contact person to coordinate the announcement and receipt of donated leave. The contact person plays a very important role in ensuring that the donated leave is accurately transferred to the approved recipient. If appropriate, the employee may also be asked to coordinate the approval and use of advanced annual or sick leave for the leave recipient, minimizing the impact of any leave without pay.

The contact point should work closely with the leave recipient and the LTP Coordinator to do the following:

1. Forward the original leave transfer request approval and medical documentation to the LTP Coordinator.

2. 2. Announce through the E-mail system the need for donated leave. The leave recipient can request that this announcement be made to a specific audience (such as only in their immediate organization) or throughout the FHWA. Also it is important to protect the privacy of the leave recipient to the extent possible. Please see Sample Announcements for suggested formats of the e-mail announcements.

3. Collect all the leave donation forms (OF 630-A's) and submit them to the LTP Coordinator in Headquarters, room 4322, using the Leave Donation Summary Sheet.

4. Maintain a copy of all leave donation forms and summary sheets.

5. Ensure that the timecard is coded correctly so that it shows annual leave while the leave recipient is using the donated leave.

6. Coordinate the LTP termination notice from the leave recipient to the LTP Coordinator.

Supervisor Responsibilities

Application Requirements

Associate Administrators, Division Administrators, Director of Field Services, Chief Counsel, FLHD Engineers and Resource Managers are responsible for approving requests of employees to become recipients in the leave transfer program. To ensure consistency in program operation, all approving officials must be provided the following information from the leave recipient or personal representative acting on his/her behalf, before making a determination:

1. The name, position title, and grade or pay level of the potential leave recipient:

2. The reasons donated leave is needed, including a brief description of the nature, severity, and anticipated duration of the medical emergency;

3. Medical certification from one or more physicians with respect to the medical emergency, including the expected duration of the emergency; and if it is a recurring medical emergency, the approximate frequency of the medical emergency affecting the employee; and

4. The amount of leave without pay that would need to be taken because of the medical emergency. To be eligible for the program, a minimum of 24 hours of unpaid leave must be needed. For part-time employees, the amount of leave without pay would need to be at least 30% of their regularly scheduled tour of duty.

Approving/Disapproving

If the application is approved, supervisors or their designee must notify the leave recipient as soon as possible, (but no later than 10 calendar days from the date the request was initially received), and assign a leave transfer contact person for the leave recipient to work with who will coordinator the leave recipients donations.

If the application is not approved, the employee must be notified in writing and provided the reasons for the disapproval no later than 10 calendar days from the date the request was initially received.

Immediate Supervisory Program Responsibilities and Use of Donated Leave

As the immediate supervisor of an approved leave transfer program recipient, the supervisor should review his/her employee's leave transfer program status approximately every 3 months to ensure that the employee is still affected by the medical emergency. If the employee does not have recent medical documentation, the supervisor should request additional medical documentation to support their continued participation in the program. However, the supervisor may request additional medical information more frequently if the employee determines that it is warranted or if the expected duration of the medical emergency has passed.

If the employee is able to return to work on a temporary or part-time basis, but the medical emergency has not terminated, the supervisor should request additional medical documentation as outlined in 5 Code of Federal Regulation, part 339.104. This documentation should include the medical prognosis, and any accommodations the Agency could make to remove any risk of injury or aggravation of their medical condition.

The donated leave may only be used by the leave recipient for absences related to their medical emergency. The approval and use of donated annual leave is subject to all of the conditions and requirements as the use of regular accrued annual leave. Therefore, the supervisor’s employee should keep the supervisor informed as to their need to be absent and the length of their absence. Established leave procedures should continue to be followed. Open and frequent communication throughout the supervisor of the employee’s absence should help to avoid any potential misunderstandings.

Medical Emergency Terminations

The agency is responsible for continuously monitoring the status of the medical emergency affecting a leave recipient to ensure that the recipient continues to be affected by the medical emergency. If at any time there is a question as to whether the leave recipient is still affected by the medical emergency, the supervisor must request additional medical documentation supporting the leave recipient's continued participation in the program. If the medical documentation is insufficient or is not provided, the approving official may provide the leave recipient with a letter proposing to terminate their participation in the program. The leave recipient (or personal representative acting on their behalf) is entitled to a 10 calendar day opportunity to respond orally or in writing to the termination. The decision will then be made in writing to the leave recipient by the approving official as to their program termination.

Questions and Answers

If my donated leave is exhausted, are there any other alternatives?

The employee may request leave without pay, or the employee may invoke his/her entitlement under the Family Medical Leave Act (FMLA) of up to 12 administrative workweeks of unpaid leave. FMLA has requirements that the employee needs to meet, so contact the employee’s human resource center for more information.

Can an employee use donated leave for maternity purposes?

The leave transfer program can be used by an employee who experiences medical complications resulting from her pregnancy and who does not have sufficient leave to cover her absence from duty. It may also be used immediately following the birth of a child while the mother is under a physicians care to recuperate from the delivery, usually 6 to 8 weeks. The program is not intended for use by an employee who wishes to take additional leave to care for a newborn or adopted child, unless extenuating circumstances exist, such as a serious medical condition affecting the child. The provisions of the Family Medical Leave Act (FMLA) are also applicable in this situation.

Why can't sick leave be donated as well as annual leave?

The Office of Personnel Management regulations mandating the establishment of the Leave Transfer program within government agencies C5, Code of Federal Regulations, Part 630C specifically allows an employee to only donate annual leave.

Can employees who abuse their leave be excluded from participating in the leave transfer program?

The requirements for approval into the Leave Transfer Program are the same for all employees regardless of their leave balances at the time of a medical emergency. To be eligible to participate in the program, an employee must request approval from their supervisor, provide medical documentation supporting the occurrence of a medical emergency, and show the amount of unpaid leave that would have to be taken due to the emergency. The amount of unpaid absence must be at least 24 hours to qualify for the program.

There are program measures to ensure that employees on the leave transfer program are using the donated leave appropriately. Supervisors may deny an employee's request to use donated annual leave just as he or she may deny an employee's request to use other annual leave. In addition, management is responsible for monitoring the status of the medical emergency affecting the leave recipient continually to ensure that the leave recipient continues to be affected by the medical emergency.

Can the names of the donors be given to the recipient so that they can be thanked personally?

Leave recipients can be given the names of employees who donated leave to them. However, the amount of leave donated or any other personal information is not provided to the leave recipient.

Why don't we supplement the leave transfer program with a leave bank?

There are several reasons why we have not implemented a leave bank. One, a leave bank requires a greater use of administrative resources, including the establishment of a leave bank board, which is responsible for running the program and for overseeing operations. A leave transfer program is easier to manage and less expensive to operate. Two, with a leave bank, leave donors generally cannot select to who they donate leave. Many of those who responded to our LTP survey indicated that they would be much more inclined to donate leave to a person they knew and to whose circumstances they were familiar. Three, other Federal employees outside of the agency can donate leave to a friend or family member who is an approved leave recipient under FHWA's leave transfer program. A leave bank does not allow this type of flexibility.

Sample Leave Requests

Sample 1

Mr. Jones, (Location), has been accepted into the Voluntary Leave Transfer Program due to a medical emergency. Mr. Jones has been diagnosed with a severe illness which will require a long recuperation period. He has exhausted all his available leave and is currently accepting leave donations.

If you wish to donate annual leave, please complete form OF-630A, "Request to Donate Annual Leave", which is available on Informs, from your Human Resource Office or through this office, and forward the completed form to (name of contact point, address and telephone number). Any donation that you care to make will be appreciated.

Sample 2

Ms. (name and location) is facing a medical emergency due to complications with her pregnancy. Ms. Smith has exhausted all leave and has been approved for participation in the Leave Transfer Program.

If you would like to help by donating leave for Ms. Smith, please fill out form OF 630-A. You can obtain a copy of this form from your administrative officer, your servicing Human Resource Office, or by calling (name of contact point and phone number). Completed forms should be sent directly to (name of contact and address). Thank you.