Leave Administration WVNG Human Resources Office Benefits Section
Leave Administration WVNG Human Resources Office Benefits Section
Topics of Discussion • • • Levels of Responsibility System for Time and Attendance Record Keeping Recommendations Managing employee leave Annual Leave, Advancement, and Restoration Sick Leave and Advancement Related laws and programs Military Leave and Related Statuses Other Leave Types Non-Paid and Excused Absence 2
Levels of Responsibility Supervisor Employee • Approve leave • May be a reviewer or certifier in ATAAPS • Certify changes/corrections • Inputs time and attendance • Maintains records • Inputs changes/corrections CSR’s – PFO and Wing Reps • State level time and attendance input • Reconcile Reports • Maintain records • Input changes and corrections HRO • Advise on applicable leave programs/entitlements • Interpret leave law and regulations 3
System for Time and Attendance • ATAAPS –Automated Time, Attendance, and Production System • Now applies to both Army and the Air Force – Employee self certifies time and requests leave, then requests are pushed to certifying official – Should be but not always supervisor – Supervisor still has visibility even if not the certifying official
Record Keeping Recommendations • ATAAPS does not allow supportive documentation to be attached to leave requests • It is highly recommended the supervisor and the employee retain a file of supportive documentation for certain types of leave (For audit purposes) • Examples include: – Military Leave: copy of orders/certificate of performance – Court Leave: Letter from court – Personal LWOP – Letter of request – Compensatory Time Form NGB 46 -14 5
Managing Employee Leave • Through ATAAPS Supervisors should have visibility of employee leave for certification tracking • My Biz – The My Team function allows supervisors visibility of each team member’s leave balance • If leave is routinely abused a Special Leave Procedure can be put into place to assist the employee and establish positive time and attendance
Questions 7
Annual Leave Accrual Rates: full-time permanent technicians and temporary employees on appointments of greater than 90 days • 1 -3 years: • 3 -15 years: • 15+ years: 4 hrs/pay period 6 hrs/pay period 8 hrs/pay 8
Advanced Annual Leave • Supervisor may approve the advance of annual leave. Request should be documented from employee to the supervisor. • Limited to the amount of annual leave the employee would accrue during the remainder of the leave year. • Is a timecard action. 9
Restoration of Annual Leave Annual leave in excess of annual leave ceilings (use or lose) may be restored to a technician’s leave account for the following three reasons ONLY: 1. Administrative Error – Determined by agency 2. Exigency of the Public Business – an urgent need for the employee to be at work—is of major importance and that excess annual leave cannot be used 3. Sickness – The employing agency determines that the annual leave was forfeited because of a period of absence due to sickness or injury that occurred late in the leave year or was of such duration that the excess annual leave could not be rescheduled for use before the end of the leave year. 10
Restoration of Annual Leave • Only Annual leave may be restored. • Request memo must be submitted with justification from the employee, through the supervisor, to the Adjutant General for approval • Leave must be Requested, Approved, and Scheduled in writing BEFORE the start of the third bi-weekly pay period at the end of the leave year. • 2018 Leave Year Begins 7 Jan 2018 and Ends 5 Jan 2019. Leave must be scheduled before 24 NOV 2018 • Leave is restored to a separate leave account and must be used 2 years from date of reinstatement • Reference 5 CFR 630. 308 11
Sick Leave Covers • Medical, dental, optical exams/treatments • Personal incapacitation • Health risk • Family care (Limited – under FMLA/FFLA) • Bereavement/Family funeral (Limited – FMLA/FFLA) • Adoption (Limited – FMLA/FFLA) 12
Sick Leave Accrual rates • All full-time and temporaries employed over 90 days: 4 hrs/pay period Some criteria/rules: • Unlimited carryover balance – creditable for retirement • May be advanced • Medical certification may be required • May use while on Annual Leave • May use while on military orders (AUS) 13
Advanced Sick Leave • A maximum of 240 hours of sick leave can be advanced to a permanent technician for the following reasons: – Employee with a serious medical emergency – Purposes related to adoption of a child – For family care or bereavement purposes – To care for a family member with a serious health condition 14
Advanced Sick Leave • Request must be submitted to the HRO for approval. Contents specified in TPR 630 • Supportive medical documentation must be provided • Supervisor must have reasonable assurance that employee will return to repay the balance advanced 15
Questions 16
Laws and Programs Related to Sick Leave • • • FMLA Serious Health Condition Defined FMLA Expansion – Military Care Giver FMLA Expansion- Military Exigency Leave FFLA Voluntary Leave Transfer 17
FMLA FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA) Entitles Permanent Federal employees a total of up to 12 work weeks of UNPAID leave during any 12 month period Employee must have completed 12 months of civilian service with the Federal Government (not required to be 12 recent or consecutive months). FMLA may be used for: • • • Birth of son or daughter and care of the newborn. Placement of son or daughter for adoption or foster care Care for spouse, child, or parent with a serious health condition. Employee’s serious health condition Effective June 2, 2010, definition of family member now includes same-sex domestic partners as defined in an OPM memorandum dated 2 JUN 2010.
FMLA Cont. • An employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or, in emergencies, as soon as is practical. • An agency may request medical certification to support FMLA requests involving the serious health condition of an employee, or care of a family members serious health condition. • Forms can be obtained from the Human Resource Office and include: – Form WH-380 -E – Healthcare Provider Certification for Employee’s Condition – Form WH-380 -F – Healthcare Provider Certification for family member with a serious health condition 19
Serious Health Condition • Illness, impairment, physical, or mental condition that results in incapacity, treatment, or continuing treatment – Incapacity in connection with an overnight hospital stay, hospice, or residential treatment facility – Incapacity resulting in family member absence from work school, etc. in excess of 3 days – A serious health condition should render the employee unable to perform the essential functions of their position – Continuing treatment for chronic, long-term, or incurable conditions. This includes Pre-natal care – Childbirth is included for both parents for the medical period of incapacitation (typically 6 weeks)
FMLA Expansion: Military Caregiver Leave • Eligible employees are entitled to up to 26 workweeks of leave during a "single 12 -month period" to care for a covered service member with a "serious injury or illness. " • To be eligible you must be the spouse, son, daughter, parent or "next of kin" of a covered service member. • Serious injury or illness" means an injury or illness incurred by a covered service member in the line of duty on active duty. 21
FMLA Expansion: Military Exigency Leave NDAA 2008 Changes • The spouse, parent, son, or daughter of a service member in the National Guard or Reserves who is on active duty or call to active duty status can take FMLA leave for the following military exigencies: • Short notice deployment • Military events and activities • Childcare and school arrangements • Financial and legal arrangements • Military Counseling • Rest and recuperation • Post-deployment activities • Additional activities NDAA 2010 Changes • Definition expanded to include to the spouse, parent, son, or daughter of a service member in the Regular Armed Forces who is deployed to a foreign country. 22
Family Friendly Leave Act • Entitles permanent, indefinite, and temporary technicians to use sick leave to care for family member for circumstances as follows: – Physical or Mental Illness – Injury – Pregnancy – Childbirth – Accompany family member to medical dental or optical appointment – Arrange or attend a funeral • Minimum 40 hours, up to a maximum of 140 hours (13 days) • Must maintain 80 hours of sick leave in order to use the full 13 days • Ensures that a reasonable amount of sick leave is available for the technician’s own injury/illness if needed • Approval of use under this act is designated to the First Line Supervisor
Family Friendly Leave Act • “Family” is defined as the following relatives of the technician: – Spouse, parents and grandparents thereof – Children including Step-Children, adopted children, and spouses thereof – Parents – Grandparents – Siblings and spouses thereof – Grandchildren – An individual, related by blood or affinity, whose association is the equivalent of a family relationship
Voluntary Leave Transfer Program • Permits PERMANENT AND INDEFINITE Federal employees to donate annual leave for the use of other Federal employees in medical or family medical emergency situations as defined by law • Program is administered by the HR Office in coordination with the local finance offices and entrance into the program is subject to approval by the Human Resource Office • Request to enter the program is submitted with medical certification on form OF-603 • Employee must have exhausted all sick and annual leave • In any one-leave year, a leave donor is limited to the amount of hours they may donate as outlined in 5 CFR 630. 908. • Un-used donated leave is restored to the leave donor(s) upon termination of the medical emergency terminates, shall be restored to the leave donor(s) on a pro-rated basis to the extent administratively feasible IAW 5 CFR 630. 911 25
Questions 26
Military Leave and Statuses Related to Military Duty • Military Leave • 22 day Law Enforcement Leave • 44 day Military Leave • Disabled Veteran Leave • Presidential Leave • State Active Duty (SAD) • Absent Uniformed Service 27
MILITARY LEAVE Granted to all permanent and indefinite employees Earn 120 hours per fiscal year May carry over 120 hours for a total of 240 maximum Charged in hourly increments Military order and/or Performance Certificate must be provided with timecard /ATAAPS upload • Military Leave cannot be used while in State Active Duty status (unless ordered by the President or Sec of Defense) • • • 28
22 Day Law Enforcement Leave 5 U. S. C 6323 (b) & PL 108 -136 Dated 24 NOV 2003 • Permanent and indefinite employees only • 22 days per calendar year; charged in hours • LEL is NOT dual compensation leave. Technicians are NOT authorized to retain both military and civilian pay. • Paid leave for aid in law enforcement (under Title 10), full-time military service, or state emergencies • Non-workdays/holidays not charged • No excused absences 29
44 Day Military leave 5 USC 6323 (d) • Military technicians are entitled to 44 additional workdays (352 hrs) of military leave in a calendar year when on active duty without pay for participation in operations outside the United States, its Territories, and Possessions. • The active duty order must cite 10 USC 12315, 12301(b), or 12301(d) to be eligible for this entitlement. • Technicians must be in a Title 10 status and non-pay military status; however, the member will receive one military retirement point for each duty day served. • While in this status, the technician continues to receive his or her technician pay and benefits. The 44 workdays are converted into hours and are charged on the same basis as annual leave. 30
Disabled Veteran Leave 5 USC 6329 • Up to 104 hours (13 days) • For the purpose of undergoing treatment of the rated disability • Employees hired on or after 5 November 2016 who are veterans with a documented service connected disability rating of 30% or more from the Veteran’s Benefit Administration • Once in a lifetime benefit • 12 month eligibility period based on the “first day of employment” First day of employment can be initial hire, or return from active duty 31
Presidential Leave • 5 days of paid leave for Federal Civilian Employees who return from active service in support of the Global War On Terrorism(GWOT) Contingency Operations – Generally, both CONUS and OCONUS duty – Some CONUS service under 12301(d) is exempt depending on nature of the mission. • Intended to aid in the readjustment to civilian life. • Qualifications: Must be on active duty for a minimum of 42 consecutive days in support of GWOT • MAY NOT BE STOCKPILED Supervisor must grant Presidential Leave the first 5 consecutive workdays the employee is scheduled to return to work • Can be granted after each activation provided that a 12 month break exists between uses (as modified by CPM-2008 -12)
State Active Duty (SAD) Military technicians who are required to perform State Active Duty (SAD) may elect any of the following types of leave to cover their absence: – annual leave – LWOP – compensatory time – 22 days leave provided under 5 USC 6323 (b) *Under no circumstances will a technician use the 120 hours of military leave under 5 USC 6323(a), sick leave, or excused absence (administrative leave) to perform SAD. **There is no charge of leave when SAD is performed on non-workdays or holidays. SEE WVNG SAD Bulletin 33
State Active Duty (SAD) Dual compensation rules dictate that any technician who performs SAD be required to take a full day of leave for each day of such service, even if the SAD functions are performed after the normal technician working hours. * The only exception to this requirement occurs when the technician first learns of the necessity to perform SAD during a workday. In this circumstance, the technician will be required to take leave only for the hours absent from work for the remainder of that day. The technician will be required to take a full day of leave for each subsequent day of SAD. 34
Absent Uniformed Service (AUS) • Any order in excess of 30 days duration now requires an employee be placed in AUS status • Technicians may use annual leave, sick leave if applicable, military leave, and compensatory time for travel during the AUS period • Regular Compensatory Time (CT) cannot be coded during AUS – AUS will be effective following CT used. • Action requires an SF 52 be submitted to the HRO for processing • Benefits out-briefing is required 35
Questions 36
Other Leave Types • Compensatory Time for Travel • Court Leave 37
Compensatory Time Earned Time off with pay, in lieu of overtime pay Advance approval required Use within 1 year or forfeit Compensatory time should be taken before annual leave, except in those instances where forfeiture of annual leave will occur. • Upon separation from service there is NO authorized lump sum payout for remaining comp time balances • • 38
Compensatory Time for Travel • Compensation time off for travel is earned by an employee for time spent in a travel status away from the employee’s official duty station • Travel must be officially authorized and for work purposes and must be approved by an authorized agency official. • See HRO Bulletin 10 -04 39
Court Leave 5 USC 6322(a) • • Covers an employee who is summoned due to a judicial proceeding, as a… Juror Witness on behalf of a state or local government Must waive compensation paid by Only for period of service and reasonable travel time 40
Questions 41
Non-Paid and Excused Absence • Leave Without Pay (LWOP) – Non-Military • Excused Absence • Enforced Leave/Absence • Absent Without Leave (AWOL) 42
Leave Without Pay (LWOP) • An APPROVED temporary absence from duty in a non-paid status. • LWOP in excess of 30 days requires a Personnel Action which must be submitted to the HRO via an SF 52 (request for personnel action) This request should be submitted prior to, or within one pay period after the proposed LWOP date. • 80 hours accumulated LWOP affects the employee’s Annual and Sick Leave accrual within that pay period • Service Computation Date (SCD) Leave – Recomputed when an employee returns to duty from an aggregate LWOP of more than six months in a calendar year • The FMLA entitles an employee to 12 weeks of LWOP but a supervisor may approve LWOP not to exceed one year depending on circumstances 43
LWOP and ATAAPS Coding • Inaccurate timecard coding for LWOP can adversely affect a technician’s pay and benefits • KG-Code used for any non-paid absence from work which is covered by a military order. This code IAW USERRA law, allows for nonpaid time with no adverse effect. All increases and entitlements continue as if an employee were present for duty. • KA-Code used for non-paid absence from work which is for personal reasons, or due to lack of leave – Accumulation of nonpay hours coded KA can delay the step increase of an employee. See 5 CFR 532 for limits and time of delay. WG/WL/WS Only • Reference Handout – Extended LWOP and Benefits Impacts
LWOP is NOT intended for: • Pursuing other employment. Examples include: – Second Job – Collegiate Internships – Overseas contract positions
EXCUSED ABSENCE The term “excused absence” is used interchangeably with the term “administrative leave. ” Both refer to a technician’s authorized paid absence from work, with approval, without a charge to annual leave or sick leave. Ø Excused Absence normally will address INDIVIDUAL employees and can be approved by the supervisor for the following purposes: Ø Ø Ø Ø Blood Donation - Max 4 hours Voting/Voter Registration 3 hours Physical Examinations –see TPR 630, 12 -3 d for specifics Ceremonies and Official Functions Special Events that promote the National Guard Facility Closures due to inclement weather, natural disaster The Adjutant General may approved up to 3 days per calendar year.
ENFORCED LEAVE • Temporary status to document absences • Management has the right to require a technician to leave if they are: – not ready, willing and able to perform – Whose continued presence is undesirable or poses a threat * Never force employee to leave the worksite if their ability to drive is in question, but make arrangements for transportation 47
ABSENCE WITHOUT LEAVE (AWOL) • Without supervisor’s prior knowledge/approval • Status can change with explanation • AWOL status NOT a disciplinary action but an unapproved leave status • Can become the basis for initiating an adverse action 48
References and Links • OPM Leave Fact Sheets: http: //www. opm. gov/oca/leave/HTML/factindx. asp • Leave Regulation: TPR 630 Dated August 27, 2010 • Reference Handouts and Workbook for additional detailed information. 49
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