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STANDARD HOURS AND LEAVE ISSUES

By Doris Wagner,2014-07-11 20:09
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STANDARD HOURS AND LEAVE ISSUES

    Leave, Pay and Standard Hours info

    ; LWOP

    Leave without pay (LWOP) is a temporary nonpay status and absence from duty which may be granted upon the employee's request. The permissive nature of leave without pay distinguishes it from absence without leave.The granting of leave without pay is a matter of administrative discretion. Employees, with a few exceptions, cannot demand that they be granted leave without pay as a matter of right. The exceptions are disabled veterans needing medical treatment, and reservists and members of the National Guard desiring leave without pay for military training duties.

    Closely examine each request for leave without pay to ensure that the value to the Government or the serious needs of the employees are sufficient to offset such costs and administrative inconveniences as:

     1. Increased overtime costs to accomplish the work of the position.

     2. Encumberance of a position.

     3. Obligation to provide active employment at the end of the approved leave period.

     4. Eligibility for continued life insurance coverage without cost to the employee for up to l year of nonpay status.

     5. Eligibility for continued health insurance coverage. Both employee and agency continue to be responsible for their respective shares of health insurance costs.

    An employee may request that all or part of a period of absence be covered by leave without pay.

    Supervisors may grant leave without pay when the situation involves an unalterable absence or when the supervisor determines that the requested absence is compatible with local work situations. The supervisor shall obtain the Personnel Office's concurrance before approving extended absence on leave without pay. Approve extended absences on LWOP only when it is for the benefit of the Forest Service and for the welfare of the employee.

    Except for absences associated with disability retirement applications and for disabled veterans requiring medical treatment, authorize extended absences only when there is an expectation that the employee intends to remain with the Forest Service.

    Leave without pay to accept other employment may be granted only when there is no conflict of interest (FSH 6109.41, AGPM-S-990-1, book III, part 735).

    The initial grant of leave without pay covering an extended absence for any purpose may not exceed l2 months. Extensions may be granted when circumstances warrant.

27.11 - Granting Leave Without Pay

     1. Leave Without Pay for 30 Days or Less. Leave without pay may be granted for

    a period not in excess of 30 days for any purpose. For leave without pay up to 3 days, document the request and approval by initialing the time and attendance report. Document all other requests for 30 days or less on Form SF-71, Application for Leave.

     2. Leave Without Pay for Career or Career-Conditional Employees. Upon request,

    up to 90 days of leave without pay may be granted when an employee must move to another location.

    3. Extended Leave Without Pay. Leave without pay in excess of 30 days is

    considered "extended" leave without pay and requires processing of a personnel

    action. Limit initial grants of such leave without pay and extensions thereof to l

    year at a time.

    (above from FSH 6109.11 - PAY ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOKWO

    AMENDMENT 6109.11-92-1)

    OPM: Leave without pay (LWOP) is a temporary nonpay status and absence from duty that, in most cases, is granted at the employee's request. In most instances, granting LWOP is a matter of supervisory discretion and may be limited by agency internal policy. Employees, however, have an entitlement to LWOP in the following situations:

    ; The Family and Medical Leave Act of 1993 (FMLA) (Public Law 103-3,

    February 5, 1993), provides covered employees with an entitlement to a

    total of up to 12 weeks of unpaid leave (LWOP) during any 12-month

    period for certain family and medical needs. (See 5 CFR part 630, subpart

    L.)

    ; The Uniformed Services Employment and Reemployment Rights Act of

    1994 (Pub.L. 103-353) provides employees with an entitlement to LWOP

    when employment with an employer is interrupted by a period of service

    in the uniformed service. (See 5 CFR 353.106.)

    ; Executive Order 5396, July 17, 1930, provides that disabled veterans are

    entitled to LWOP for necessary medical treatment.

    ; Employees may not be in a pay status while receiving workers'

    compensation payments from the Department of Labor.

    Employees should be aware that LWOP affects their entitlement to or eligibility for certain Federal benefits. See Effect of Extended Leave without Pay (or other Nonpay

    Status) on Federal Benefits and Programs.

(above from OPM at http://www.opm.gov/oca/leave/HTML/lwop.htm)

    ; CREDIT HOURS

    Quick note- 5:00 to 10:00 every day of the week for Exempt and Non Exempt. Not for SES (Shannon)

    Hours worked within a flexible schedule tour of duty, which are in excess of an employee's basic work requirement and which the employee elects to work, with supervisory approval, so as to vary the length of a workweek or workday. (from the

    FOREST SERVICEHANDBOOK WASHINGTON, FSH 6109.11 - PAY ADMINISTRATION,

    ATTENDANCE AND LEAVE HANDBOOK, Amendment No. 6109.11-95-1)

A 4-10 schedule does not allow credit hours.

     5-4/9 Compressed Schedule Guidelines Credit hours Do not apply.

    (above from FSH 6109.11 - PAY ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOKWO

    AMENDMENT 6109.11-92-1)

    ; COMP TIME-( see near bottom for pay caps bi-weekly)

    Not for SES

    COMP TIME FOR TRAVEL- SEE TRAVEL BELOW MIDWAY down

    Time off from an employee's tour of duty granted instead of payment for an equal amount of irregular and occasional overtime work earned under 5 U.S.C. 5542.

    Compensatory time off is time off from regularly scheduled work in lieu of overtime pay for irregular or occasional overtime hours previously worked. Compensatory time may not be granted in lieu of overtime pay for any regularly scheduled overtime, regardless of whether the overtime is scheduled within the 40-hour basic workweek or outside of the 40-hour basic workweek.

Eligibility.

     1. General schedule employees who are paid under Title 5 U.S.C. are eligible for compensatory time off in lieu of overtime pay. Other employees, including GS employees, may be eligible for compensatory time off under the special provisions for adjustment of work schedules for religious observance, section 22.3, and under flexible alternative work schedules, section 22.2.

     2. Employees whose rate of basic pay is equal to or less than the maximum rate of grade GS-10 may request that they be granted compensatory time off in lieu of overtime pay, the amount of time off to be equal to the time spent in irregular or occasional overtime work.

     3. At the discretion of the authorizing individual, an employee whose rate of basic pay is in excess of the maximum rate for grade GS-10 may be required to take

    compensatory time off in lieu of receiving overtime payment for irregular or occasional overtime work.

     4. Employees who are exempt from coverage by the Fair Labor Standards Act (FLSA) are eligible for compensatory time off.

     5. Frequently, nonexempt employees paid under FLSA are not entitled to earn compensatory time. They must receive payment for overtime worked. For circumstances when nonexempt employees may earn compensable time, refer to section 13.91. In addition, all employees assigned to flexible alternative work schedules may request and earn compensatory time.

Provisions.

     1. Compensatory time must be ordered and approved in writing in the same manner as overtime.

     2. Employees must request in writing that they receive compensatory time off in lieu of overtime pay. Employees who do not elect, or are not granted, compensatory time off shall receive payment for overtime.

     3. The amount of compensatory time that may be credited an employee in any one pay period may not cause the employee's compensation to exceed the maximum scheduled rate of a GS-15 if the overtime were paid at the applicable rates.

     4. An employee granted compensatory time for overtime worked as a substitute during another employee's regularly scheduled night shift shall receive the night differential regardless of whether the compensatory time the employee takes off is during a day or night shift.

     5. Employees must use compensatory time off by the end of the leave year in which they earned it.

     6. Employees must use compensatory time off before they are granted annual leave unless this would result in the forfeiture of annual leave.

     7. Employees who have not taken their compensatory time prior to transfer or separation from the Department, transfer to another agency of the Department, or by the end of the leave year in which they earned it, shall receive payment for the overtime work at the rate of pay that applied at the time they performed the work.

Eligibility for nonexempt. Consider the following to determine eligibility:

     1. Nonexempt employees who work more than 40 hours in a week and who receive additional premium pay (hazard, nightshift, Sunday and post-

    differential, or cost-of-living allowance) whose base rate is above GS-10, step 1, are not entitled to receive compensatory time in lieu of overtime. They must be paid overtime.

     2. Nonexempt employees who work more than 40 hours in a week, but who have no additional premium pay (hazard, nightshift, Sunday, and post-differential, or cost-of-living allowance) whose base rate is GS-10, step 1, or below and who do not exceed the maximum pay earning limitation may elect to take compensatory time in lieu of overtime.

     3. Nonexempt employees who do not work over 40 hours in a week, but who are eligible to earn overtime because they are in a pay status during the workweek (holiday, annual leave, sick leave, and military leave) and who work over 8 hours in a day or 40 hours in a week, may elect to take compensatory time in lieu of overtime.

    Do not authorize compensatory time off for wage employees except for religious observance or through participation in a flexible alternative work schedule.

    (above from FSH 6109.11 - PAY ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOKWO

    AMENDMENT 6109.11-92-1)

    ; TRAINING-

    Quick note 8 hours normaly for pay if flexible or 9/10 employees get 2 days of 9 or 10 allowable ―sliding by‖ but over that it reverts to an 8 hour day unless they come in early

    to work or go to work after or the training is actualy over 8 hours. NO travel to get to and from daily. Training gets holiday extra pay only if unavoidable. (shannon)

Time Spent in Training or Attending a Lecture, Meeting, or Conference. Administer time

    spent in training or attending a lecture, meeting, or conference (whether or not it is under the purview of Code of Federal Regulations, Title 5, Part 410), as follows:

     1. Consider time spent in training during regular working hours to be hours of work.

     2. Consider time spent in training outside regular working hours to be hours of work if:

     a. The training is to meet identified deficiencies in an employee's performance of

    his or her current position. Such training is designed to bring the employee's

    performance up to an acceptable level as determined by the Forest Service.

     b. The training provides an employee the knowledge or skills to perform new

    duties or responsibilities required in the employee's current position. This is

    training in revised procedures, products, or processes so that the employee may

    perform the duties and responsibilities of his or her current position at an

    acceptable level.

     c. Do not consider as hours of work the time spent in apprenticeship or other

    entry level training or internship or other career related work study training or

    training under the Veterans Readjustment Act outside regular working hours

    provided that the employee performs no productive work during such periods.

     d. Consider time spent by an employee performing work for the Forest Service

    during a period of training as hours of work.

     3. Consider as hours of work the time spent by an employee within the Forest

    Service's allowance of preparatory time for attendance at training if such

    preparatory time is:

     a. During an employee's regular working hours.

     b. Outside the employee's regular working hours and the purpose of the training

    meets the requirements of Chapter 10, section 13.83a (2).

     4. Consider time spent attending a lecture, meeting, or conference as hours of

    work if attendance is:

     a. During an employee's regular working hours.

     b. Outside an employee's regular working hours and the Forest Service directs the employee to attend such an event where employee performs work for the benefit of the Forest Service during such attendance. (FROM FSH 6109.11 - PAY ADMINISTRATION,

    ATTENDANCE AND LEAVE HANDBOOK, WO AMENDMENT 6109.11-92-1, EFFECTIVE 8/3/92,

    CHAPTER 10 - PAY ADMINISTRATION)

Variations for Educational Purposes. The customary workweek may be rescheduled to

    allow nontemporary, full-time employees to take courses in nearby educational institutions, provided the course serves a work-related purpose, or would equip them for more advanced work in the agency, and provided that the rescheduling does not interfere appreciably with the employee's work or the work schedules of other employees. No premium pay may be paid solely because of rescheduling for educational purposes.

    Overtime While Assigned for Training. Title 5, United States Code, does not provide for overtime payments to an employee for the period of time spent in actual training, unless the exceptions in FPM Chapter 410, Subchapter 6 are met. These circumstances occur rarely in the Forest Service. See your Personnel Officer for additional information. However, certain training given to nonexempt employees meets the definition of hours of work under the FLSA.

    (above from FSH 6109.11 - PAY ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOKWO

    AMENDMENT 6109.11-92-1)

    ; LEAVE- (for the Family Medical Leave Act and the Leave Donor Program, childbirth- SEE

    BOTTOM)

    Leave. The maximum amount of sick and annual leave, and excused absence, charged on any one day is 8 hours. Minimum time increments for leave are l5 minutes.

GENERAL PROVISIONS FOR ANNUAL AND SICK LEAVE.

     1. Eligibility

     a. To earn leave, employees must have a prescheduled tour of duty.

    Employees with intermittent tours of duty do not earn leave.

     b. Employees are credited with and may be granted annual and sick leave,

    beginning with the first full pay period.

     c. There is no qualifying period to earn sick leave.

     d. For annual leave, employees must have an appointment of 90 days or

    more.

     e. When the appointment is for less than 90 days, the employee is not

    entitled to annual leave until after being employed for a continuous period

    of 90 days under successive appointments without a break in service. A

    break in service is when an individual is off the Forest Service employment

    rolls for l workday or more.

     f. When the employee's appointment is extended beyond 90 calendar days,

    the individual is entitled to retroactive credit of annual leave from the date

    of initial appointment.

     2. Minimum Leave Charges. The minimum charge for annual and sick leave,

    leave without pay (LWOP), and absence without leave (AWOL) is 15 minutes. Each absence is recorded on Form AD-3l9, Time and Attendance Report.

    No leave with pay may be granted while an employee is receiving compensation for injury under the Federal Employee's Compensation Act.

Annual Leave. Annual leave is for two purposes:

     1. To allow every employee an annual vacation period of extended leave for rest and recuperation.

     2. To provide periods of time off for personal and emergency purposes.

    Annual leave is a benefit and accrues automatically. However, supervisors decide when the leave may be taken. This decision is made after considering the needs of the Service rather than solely the desires of the employee. Annual leave requests can be disapproved if the supervisor determines that an employee's work cannot be adequately covered by others during the employee's absence.

    If an employee is unable to schedule or reschedule annual leave in time to meet the statutory requirements for restoration of forfeited annual leave (section 26.18) because of illness, unusual or unavoidable absence, or other similar situation, the employee's supervisor or other responsible official should schedule, sign and date an annual leave request or plan for that employee. The request or plan should schedule all annual leave that will be earned in that leave year.

    Scheduling of annual leave is not construed as involuntary annual leave, provided the employees concerned are advised, upon appointment, and at the beginning of each leave year, of the schedule, and provided further, the employees have a reasonable opportunity within the scheduling system to make adjustments in their schedules to meet their personal needs.

    Earning Annual Leave. Employees earn annual leave based on their length of service. To earn leave, an employee must be employed during the full biweekly pay period. The employee's leave account is credited at the beginning of each full biweekly pay period.

Full-time Employees

     1. Employees with less than 3 years Federal service earn 13 workdays of annual leave with pay each year (4 hours of annual leave each pay period).

     2. Employees with 3 but not more than 15 years of service earn 20 workdays of annual leave with pay each year (6 hours of annual leave each pay period, plus an additional 4 hours for 1 pay period).

     3. Employees with 15 or more years of service earn 26 days of annual leave with pay each year (8 hours of annual leave each pay period).

    Part-time Employees. To earn annual leave, part-time employees must have a regularly assigned tour of duty on at least 1 day of each week in the pay period.

     1. Part-time employees with less than 3 years of service earn 1 hour of annual leave for each 20 hours in pay status.

     2. Part-time employees with 3 but less than 15 years of service earn 1 hour of annual leave for each 13 hours in pay status.

     3. Part-time employees with 15 or more years of service earn 1 hour of annual leave for each 10 hours in pay status.

    All hours of work in excess of the basic work requirement for a part-time employee, including overtime, count in determining the biweekly accrual of annual leave, up to a maximum of 80 hours in pay status per pay period.

    Intermittent Employees. Employees without a prescribed tour of duty do not earn leave.

When Actually Employed Employees

     1. Employees who have alternating tours of duty established in advance earn leave in accordance with section 26.11a while in a full-time tour and in accordance with section 26.11b while in a part-time tour. They do not earn leave while in an intermittent tour.

    2. Part-time hours of service in a pay status that do not equal the number

    necessary for a minimum leave credit of 1 hour are dropped whenever the

    employee's status changes from part time to full time. These hours of service

    may not be picked up when the employee returns to a part-time tour.

Accrual Rates

    Employee Type Less than 3 years 3 years but less 15 or more years

    of service* of service* than 15 years of

    service*

    Full-time employees ? day (4 hours) for 3/4 day (6 hours) for 1 day (8 hours) for

    each pay period each pay period, each pay period

    except 1? day (10

    hours) in last pay

    period

    Part-time 1 hour of annual 1 hour of annual 1 hour of annual

    employees** leave for each 20 leave for each 13 leave for each 10

    hours in a pay status hours in a pay status hours in a pay status

    Uncommon tours of (4 hours) times (6 hours) times (8 hours) times

    duty** (average # of hours (average # of hours (average # of hours

    per biweekly pay per biweekly pay per biweekly pay

    period) divided by period) divided by period) divided by

    80 = biweekly 80 = biweekly 80 = biweekly

    accrual rate.*** accrual rate.*** accrual rate. ***

    (above chart from OPM at http://www.opm.gov/oca/leave/HTML/ANNUAL.asp- GO

    THERE FOR MORE )

    Sick Leave. Sick leave is for use when an employee is physically incapacitated or unable to work for related reasons. Such related reasons are:

     1. Exposure to a contagious disease that would endanger the health of coworkers.

     2. Presence of contagious disease in an employee's immediate family when the employee is required to care for and attend a member of the immediate family. When

    sick leave is granted under these circumstances, an explanatory medical certificate from a physician is required.

     3. Dental, optical, or medical examination or treatment.

     Earning Sick Leave. Full-time employees earn 13 days of sick leave each year or 4 hours sick leave for each biweekly pay period. Part-time employees earn 1 hour of sick leave for each 20 hours worked. There is no limit to the amount of unused sick leave employees may accumulate.

    Sick Leave Accrual

    1/2 day (4 hours) for each biweekly pay Full-time Employees

    period.

    1 hour for each 20 hours in a pay status. Part-time Employees

    There are no limits on the amount of sick leave that can be

    accumulated. Unused sick leave accumulated by employees covered

    by the Civil Service Retirement System will be used in the calculation

    of their annuities

    (above chart from OPM at http://www.opm.gov/oca/leave/HTML/sicklv.htm GO THERE

    FOR MORE OPM SICK LEAVE INFO)

     Requirements for Granting Sick Leave

     1. Prompt Notification. An employee who is absent on account of sickness shall

    notify the supervisor as early as practicable on the first day of such absence, or, if unable for a legitimate reason, as soon as possible thereafter. Failure to do so could result in the absence being charged to absence without leave (AWOL). When the supervisor and/or acting are not available, a message shall be given.

     2. Application for Sick Leave. The employee must file an application for sick

    leave other than advance sick leave within the pay period in which the employee returns to duty. The employee should always apply in advance for leave for prearranged medical, dental, or optical examination or treatment.

     3. Evidence Needed. Sick leave may be granted only when supported by

    administratively acceptable evidence. For an absence in excess of 3 workdays, or for a lesser period when there is a reasonable indication of sick leave abuse as determined by the work supervisor, a medical certificate or other administratively acceptable evidence may be required to verify the reason for the absence.

    (above from FSH 6109.11 - PAY ADMINISTRATION, ATTENDANCE AND LEAVE HANDBOOK,

    WO AMENDMENT 6109.11-92-1)

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