3 FAM 3340
Shared voluntary leave programs (Voluntary leave bank and
voluntary leave transfer program)
(CT:PER-895; 01-12-2018)
(Office of Origin: HR/ER/WLD)
3 FAM 3341 Applicability
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
These regulations apply to Department of State employees who
fall within 3
FAM 3312.
3 FAM 3342 Definitions
(CT:PER-777; 07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)
Available paid leave: Accrued
or accumulated annual or sick leave, and re-credited and restored annual or
sick leave. It does not include annual or sick leave advanced to an employee
or any annual or sick leave accrued that has not yet been transferred to the
appropriate leave account.
Committed relationship: One in
which the employee and the domestic partner of the employee, are each others
sole domestic partner (and are not married to or domestic partner with anyone
else), and share responsibility for a significant measure of each others
common welfare and financial obligations. This includes, but is not limited
to, any relationship between two individuals of the same or opposite sex that
is granted legal recognition by a state or the District of Columbia as a
marriage or analogous relationship (including but not limited, to a civil
union).
Domestic partner: An adult in
a committed relationship with another adult, including both same-sex and opposite-sex
relationships.
Family member: An individual
who has any of the following relationships to the employee:
(1) Spouse and parents thereof;
(2) Sons and daughters and spouses thereof;
(3) Parents and spouses thereof;
(4) Brothers and sisters and spouses thereof;
(5) Grandparents and grandchildren and spouses
thereof;
(6) Domestic partner and parents thereof, including
domestic partners of any individual in subparagraphs (2) through (5) of this
definition; and
(7) Any individual related by blood or affinity whose
close association with the employee is the equivalent of a family relationship.
Leave bank: A pooled fund of
annual leave established by an agency for use by the leave bank members in case
of a medical emergency.
Leave bank member: A leave
contributor who has contributed, in an open enrollment period (or individual
enrollment period, as applicable) of the current leave year, at least the
minimum amount of annual leave required.
Leave contributor: An employee
who contributes annual leave to the annual leave account of a leave recipient
or to the leave bank board, where such contribution has been approved by the
employee's employing agency or leave bank board.
Leave recipient: A current
employee or a leave bank member who has been approved to receive leave from one
or more leave donors and/or the leave bank.
Medical emergency: A medical
condition of either the employee or the employee's family member that is likely
to require the employee to be absent from duty for a prolonged period and to
result in a substantial loss of income (expected absence without available paid
leave of at least 24 work hours for a full-time employee) because of the
employee's lack of available paid leave. An employees or family members
incapacity of at least 24 hours without available paid leave due to pregnancy,
recovery from childbirth, or another serious health condition would constitute
a medical emergency for purposes of the Voluntary Leave Transfer Program (VLTP)
or Voluntary Leave Bank Program (VLBP).
Paid leave status: The
administrative status of an employee while the employee is using accrued or
accumulated annual or sick leave.
Parent:
(1) A biological, adoptive, step, or foster parent of
the employee, or a person who was a foster parent of the employee when the
employee was a minor;
(2) A person who is the legal guardian of the employee
or was the legal guardian of the employee when the employee was a minor or
required a legal guardian;
(3) A person who stands in loco parentis to the
employee or stood in loco parentis to the employee when the employee was a
minor or required someone to stand in loco parentis; and
(4) A parent, as described in paragraphs (1) through
(3) of an employees spouse or domestic partner.
Shared leave status: The
administrative status of an employee while the employee is using transferred
leave or leave transferred from a leave bank.
Son or Daughter:
(1) A biological, adopted, step, or foster son or
daughter of the employee;
(2) A person who is a legal ward or was a legal ward
of the employee when that individual was a minor or required a legal guardian;
(3) A person for whom the employee stands in loco
parentis or stood in loco parentis when that individual was a minor or required
someone to stand in loco parentis; and
(4) A son or daughter, as described in paragraphs (1)
through (3) of an employees spouse or domestic partner.
3 FAM 3343 Program Qualification
(CT:PER-777; 07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. An employee can participate in both shared leave
programs, Voluntary Leave Bank Program (VLBP) and Voluntary Leave Transfer
Program (VLTP) concurrently as long as they meet the requirements for each
program. When applying concurrently to both programs, the applications for
the Voluntary Leave Bank Program will be considered prior to the application
for the Voluntary Leave Transfer Program.
b. An application to become a leave recipient in VLBP
or VLTP programs is approved only when it is determined that the employees
absence from duty without available paid leave because of the medical emergency
will be or is expected to be at least 24 hours, or in the case of a part-time
employee or an employee who has an uncommon tour of duty, at least 30 percent
of the average number of hours in the employees biweekly scheduled tour of
duty.
c. Once an application has been approved under the
VLBP and VLTP, annual leave contributions from leave contributors may be used
to liquidate indebtedness for advanced annual or sick leave used for the
medical emergency, or may be substituted retroactively for the period of the
medical emergency of leave without pay.
d. Donated annual leave previously transferred to an
employee under the VLTP must remain to the credit of the employee who later
becomes a leave recipient in under the VLTB, subject to 3 FAM 3348.4-3.
e. Donated annual leave under the VLTP and VLBP may not
be used to bond with or care for a healthy child; to care for a child with a
routine illness; to take a child to medical, dental, or optical appointments or
well-baby doctor visits; for purposes relating to adoption or foster placement
of a child; or for any other reasons other than a qualifying medical emergency.
f. Sick leave may not be donated under the VLTP or
VLBP.
3 FAM 3344 Accrual of Annual and Sick
Leave
(CT:PER-777; 07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. Except as otherwise provided in this section, while
an employee is in a shared leave status, annual and sick leave must accrue to
the employee at the same rate as if the employee were in a paid leave status.
b. The maximum amount of annual and sick leave a leave
recipient may accrue in the set-aside account by a leave recipient while in a
shared leave status in connection with any particular medical emergency may not
exceed 40 hours of annual leave and 40 hours of sick leave (or, in the case of
a part-time employee or an employee who has an uncommon tour of duty, the
average number of hours in the employees weekly scheduled tour of duty).
c. Any annual or sick leave an employee in a shared
leave status accrues will be transferred to a separate set-aside account. That
leave will be available for use:
(1) As of the beginning of the first applicable pay
period beginning on or after the date on which the employees medical emergency
terminates; or
(2) If the employees medical emergency has not
terminated, once the employee has exhausted all donated leave made available.
d. An employee who returns to work part-time and who
uses donated leave part-time to care for a family member experiencing a
qualifying medical emergency accrues leave in his or her regular annual and
sick leave accounts for the time spent in work status and in his or her
set-aside annual and sick leave accounts when using donated leave.
3 FAM 3345 Retroactive Provisions
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
Applicants who have received advance annual or sick leave
may be approved for either program, only if they would have faced the loss of
at least 24 hours of pay had annual or sick leave not been advanced.
Applicants may apply after the termination of the medical emergency provided
that the criteria of a minimum of 24 hours without pay was met or would have been
met had advance annual or sick leave not been approved. Requests for
retroactive approval must be submitted within 90 days after the termination of
the medical emergency.
3 FAM 3346 Leave Contributions
(CT:PER-848; 06-16-2017)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. Employees with restored annual leave may contribute
such leave in the VLTP, and there is no limit on the amount an employee may
contribute under this category.
b. In any leave year, a leave contributor may contribute
no more than a total of one-half of the amount of annual leave the employee
would be entitled to accrue during the leave year in which the contribution is
made:
|
If you earn:
|
Your donation limit is:
|
|
8 hours per pay period
|
104 hours per leave year
|
|
6 hours per pay period
|
80 hours per leave year
|
|
4 hours per pay period
|
52 hours per leave year
|
c. In the case of a leave contributor who is projected
to have annual leave that otherwise would be subject to forfeiture at the end
of the leave year, the maximum amount of annual leave the employee may
contribute during the leave year must be the lesser of:
(1) One-half of the amount of annual leave the
employee would be entitled to accrue during the leave year in which the
contribution is made; or
(2) The number of hours remaining in the leave year
(as of the date of the contribution) for which the leave contributor is
scheduled to work and receive pay. The employee must accrue leave before it
can be donated, i.e., an employee cannot borrow and then donate leave.
d. These limitations must apply to the total amount of
annual leave an employee donates or contributes during the leave year under
either program.
e. The leave bank board has the authority to waive the
limitations on annual leave contributions to the leave bank.
f. The Deputy Assistant Secretary of Human Resources
for Leave Programs, or designee, may grant exceptions to the prescribed limits
for contributions through the Voluntary Leave Transfer Program.
3 FAM 3347 General Guidance
3 FAM 3347.1 Application on Behalf
of Potential Leave Recipient
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
A personal representative may make application on behalf
of an employee to become an approved leave recipient, as long as the case
manager is satisfied that the applicant is acting for and has the permission of
the employee.
3 FAM 3347.2 Abuse of Leave
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
Use of leave for purposes other than what has been
approved based on an employees medical certification is considered abuse and
will result in disqualification from the program(s) and liability for the
amount of leave that was fraudulently used. Abuse of leave could result in
disciplinary action, up to and including removal or separation from employment.
3 FAM 3347.3 Fraudulent
Documentation
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
False or modified documentation submitted by an employee
who is applying to become an approved leave recipient (including but not
limited to manufactured medical documentation, altered dates, and false
signatures) is illegal and will result in disqualification from the program and
liability for the amount of leave used fraudulently the employee received.
Providing fraudulent documentation could result in disciplinary action up to
and including removal or separation from employment.
3 FAM 3347.4 Prohibition of
Coercion
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
An employee may not directly or indirectly intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce any other
employee for the purpose of interfering with any right that an employee may
have with respect to donating, receiving or using leave.
3 FAM 3347.5 Confidentiality
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
Information concerning individual leave recipients and
donors is considered personnel sensitive, and is not to be released unless the
employee authorizes release, to anyone who does not have a need to know for the
purposes of administering the programs. The names of donors and the amounts
donated must not be revealed.
3 FAM 3348 Voluntary Leave Transfer
Program
3 FAM 3348.1 Authority
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. Federal Employees Leave Sharing Act of 1988 (Public
Law 100-566).
b. The Federal Employees Leave Sharing Amendments Act
of 1993 (Public Law 103-103) (5 U.S.C. 6331 - 6340).
c. 5 CFR 630, Subpart I.
3 FAM 3348.2 Purpose
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
This directive establishes the procedures and requirements
for a voluntary leave transfer program under which an employee may transfer
unused accrued annual leave for use by an employee who needs such leave because
of a medical emergency.
3 FAM 3348.3 Roles and Responsibilities
3 FAM 3348.3-1 Case Manager
(HR/SS/SC)
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
It is the responsibility of the case manager to:
(1) Administer this program, delegating authority as
appropriate within the case manager offices;
(2) Approve or deny employee applications to be
designated a leave recipient and accept and approve or disapprove written
requests for employees to transfer annual leave to an approved recipient;
(3) Request the payroll office to effect transfers of
leave through this program, keeping records of all transactions;
(4) Publicize the need of approved recipients for
leave (if authorized by the recipient); and
(5) Close the case file when the medical emergency has
terminated.
3 FAM 3348.3-2 Leave Coordinator
(HR/ER/WLD)
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The Leave Coordinator:
(1) Coordinates the program with the case managers and
payroll office;
(2) Develops the Departments leave policy in
alignment with federal leave regulations, policies, and procedures;
(3) Responds to data calls as necessary;
(4) Provides communication to Department employees,
and
(5) Performs other functions as necessary.
3 FAM 3348.3-3 Payroll Coordinator
(CGFS/GC/PSP)
(CT:PER-895; 01-12-2018)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The Payroll Coordinator:
(1) Adds and subtracts leave from employees' accounts
based on written requests from the case managers;
(2) Returns a prorated amount of unused leave to the
leave contributors if the case manager informs them that the medical emergency
of a leave recipient has ended before the employee used all of the leave
contributed; and
(3) Maintains accurate accounting of leave intake and
output.
3 FAM 3348.3-4 Supervisor
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The use of shared leave is subject to the normal
conditions and requirements for leave usage.
3 FAM 3348.4 Use of the Leave
Transfer Program
3 FAM 3348.4-1 Application to
Become a Leave Recipient
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. An employee may make written application routed
through the case manager, to become a leave recipient. If an employee is not
capable of completing an application on the employee behalf, a personal
representative may make written application on the employee behalf.
b. Each application to become a leave recipient must be
accompanied by the following information concerning the potential leave
recipient:
(1) Leave Request Coversheet;
(2) Leave Request Application (Form DS-630);
(3) Medical Certification (per 5 CFR 630.1208);
(4) Earnings & Leave Statement from the last pay
period; and
(5) Any additional information the case manager may
require.
c. If the case manager requires further medical
certification from more than one source, the Department is responsible for
direct payment or reimbursement for expenses associated with obtaining the
additional certification.
3 FAM 3348.4-2 Approval of
Application to Become a Leave Recipient
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. The case manager must review an employees application
to become a leave recipient, to determine whether there is a medical emergency
that affects the potential leave recipient.
b. Before approving an application for an employee to
become a leave recipient, the case manager must determine that the absence from
duty without available paid leave meets the criteria.
c. Absent extenuating circumstances, the case manager
must notify the applicant within 10 business days after receiving the
application of the action taken on the application. If the application is
disapproved, the notification will include the reason for disapproval.
3 FAM 3348.4-3 Termination of
Medical Emergency
(CT:PER-777; 07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. The medical emergency affecting a leave recipient
must terminate:
(1) When the leave recipients Federal service
terminates;
(2) At the end of the biweekly pay period in which the
case manager receives written notice from the leave recipient or from a
personal representative of the leave recipient that the medical emergency no
longer affects the leave recipient;
(3) At the end of the biweekly pay period in which the
case manager determines, after written notice from the case manager and an
opportunity for the leave recipient or a personal representative to respond
orally or in writing that the leave recipient is no longer affected by the
medical emergency; or
(4) At the end of the biweekly pay period in which the
Department receives notice that the Office of Personnel Management has approved
an application for disability retirement for the leave recipient under the
Civil Service or Federal Employees Retirement System.
b. The case manager must monitor the status of the
medical emergency that affects the leave recipient to ensure that the medical
emergency continues to affect the leave recipient.
c. When the medical emergency affecting the leave
recipient terminates, no further requests for transfer of annual leave related
to that medical emergency may be granted.
d. The case manager may deem a medical emergency to
continue for the purpose of providing a leave recipient with an adequate period
of time within which to receive donations of annual leave.
e. Upon termination of a leave recipients medical
emergency, any annual leave previously transferred under the voluntary leave
transfer program and remaining to the credit of the leave recipient must be
restored to the leave donor subject to 5 CFR 630.911 and 5 U.S.C. 6304(a).
3 FAM 3348.5 Appeals
(CT:PER-806; 03-03-2016)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. If a leave recipient application is disapproved, a
leave recipient applicant may file a written appeal of the original
determination with the case manager with the reason for the appeal within 15
business days of notification.
b. Upon receipt of an appeal, the case manager will
review the documentation to determine the reason the application was
disapproved.
c. Appeals will be considered individually and
additional documentation may be required.
d. The Deputy Assistant Secretary for the Bureau of
Human Resources that supervises the Office of Employee Relations and Leave
Programs, or designee, must review and render a decision within 10 business
days of receiving the request for reconsideration.
e. An employees appeal should:
(1) Provide all relevant information and address why
the request should be reconsidered; and
(2) Include any additional appropriate medical
documentation to support the request.
f. An appeal can only be submitted through HR/SS case
manager and only once per medical emergency.
g. The decision on the appeal must be final.
h. The case manager will notify the leave recipient
applicant in writing within five business days of the decision.
3 FAM 3348.6 Records and Reports
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
Records must include the following:
(1) The number of applications approved for medical
emergencies affecting employees and the number of applications approved for
medical emergencies affecting an employees family member;
(2) Grade or pay level of each leave contributor;
(3) Grade or pay level and gender of each leave
recipient;
(4) Total amount of transferred annual leave each
leave recipient uses; and
(5) Any additional information OPM may require.
3 FAM 3349 Voluntary Leave Bank
Program
3 FAM 3349.1 Authority
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. Federal Employees Leave Sharing Act of 1988 (Public
Law 100-566).
b. The Federal Employees Leave Sharing Amendments Act
of 1993 (Public Law 103-103) (5 U.S.C. 6361-6373).
c. 5 CFR 630, Subpart J.
3 FAM 3349.2 Purpose
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
This directive establishes the procedures and requirements
for a voluntary leave bank program under which an employee may contribute
unused accrued annual leave to a leave bank for use by a leave bank member who
needs such leave because of a medical emergency.
3 FAM 3349.3 Establishing the Bank
Board
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. The Department must establish one leave bank and one
leave bank board.
b. The leave bank board will consist of three members
and three alternate members.
c. Office of the Director General is responsible for
selecting and appointing the two non-Union official members and two non-Union
alternate members for the leave bank board.
d. The Bureau of Human Resources, Office of Employee
Relations, Work Life Division, HR Shared Services, and the Office of
Comptroller and Global Financial Services are responsible for administration
and implementation of the Leave Bank.
e. One member, and one alternate member, of the leave
bank board must represent a labor organization on a rotational basis.
f. Management will have oversight of the board to
include ensuring that the board and the leave bank conducts its functions as
prescribed.
g. The leave bank is subject to all the conditions and
requirements imposed by 5 CFR 630.1001 through 630.1016.
3 FAM 3349.4 Roles and
Responsibilities
3 FAM 3349.4-1 Leave Bank Board
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The leave bank board must:
(1) Establish internal decision-making procedures;
(2) Review and approve or disapprove each application
to become a leave recipient based on the medical documentation and the leave
bank balance;
(3) Review and approve or disapprove each application
to become a leave contributor;
(4) Monitor the status of each leave recipients
medical emergency in coordination with the case manager;
(5) Monitor the amount of leave in the leave bank and
the number of applications to become leave recipients;
(6) Maintain an adequate amount of leave in the leave
bank to the greatest extent practicable;
(7) Establish at least one open enrollment period for
each leave year of leave bank operation; and
(8) Perform other functions as necessary.
3 FAM 3349.4-2 Case Manager
(HR/SS/SC)
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The Case Manager must:
(1) Process member and recipient applications;
(2) If the case extends beyond the original dates,
then additional medical documentation will be requested by the case manager;
(3) Explain general leave bank processes;
(4) Review each application for an employee to become
a leave recipient, including appropriate supporting medical documentation;
(5) Update and maintain leave recipient case files as
necessary;
(6) Provide reports and documentation as deemed
necessary by the Office of Personnel Management (OPM);
(7) Keep necessary staff (leave coordinators,
timekeepers, payroll liaisons) informed of changes in requested and approved
dates and duration;
(8) Maintain records concerning the administration of
the Departments leave bank;
(9) Evaluate the effectiveness of the program;
(10) Close Leave Bank recipient cases; and
(11) Perform other functions as necessary.
3 FAM 3349.4-3 Leave Coordinator
(HR/ER/WLD)
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The leave coordinator must:
(1) Develop Department leave bank policies and
procedures;
(2) Keep informed of all federal leave bank
regulations;
(3) Communicate enrollment periods;
(4) Provide program communication to Department
employees; and
(5) Perform other functions as necessary.
3 FAM 3349.4-4 Payroll
Coordinator (CGFS/GC/PSP)
(CT:PER-895; 01-12-2018)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The Payroll Coordinator must:
(1) Administer the leave bank balance;
(2) Deduct leave bank membership amounts from the
employee and add to the leave bank;
(3) Deduct leave donations from employees' accrued
annual leave accounts upon written requests;
(4) Increase balance of leave to leave recipient
accounts upon notice from case managers;
(5) Audit leave account balances as required; and
(6) Perform other functions as necessary.
3 FAM 3349.4-5 Supervisor
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
The use of shared leave is subject to the normal
conditions and requirements for leave usage.
3 FAM 3349.5 Leave Bank Enrollment
(CT:PER-767; 05-08-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. To become a member of the leave bank, an employee
must enroll in the program during an open enrollment or individual enrollment
period.
b. Once an employee is enrolled, the employee will be
reenrolled automatically each year during the open enrollment period with the
following exceptions: the employee terminates his or her leave bank membership,
employee separates from the agency, employee exhausted the lifetime cap
requirements, employee is in INWS (Intermittent No Work Scheduled) status, or
the leave bank program is terminated.
3 FAM 3349.5-1 Enrollment
Requirements
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. An employee must become a leave bank member upon
making a voluntary written (memorandum or email) application to the leave bank
board to become a leave bank member during an open enrollment period and
donating the minimum contribution.
b. If employees elect to enroll, they agree to deposit
one pay period of accrued annual leave to the leave bank.
c. Leave is deducted:
(1) During the first pay period of the leave year if
the employee enrolls in the leave bank during the open enrollment period;
(2) In the event of a secondary open enrollment period
as prescribed by the leave bank board, the leave will be deducted in the second
pay period after the open enrollment closes; and
(3) During an individual enrollment period, the leave
will be deducted at the beginning of the pay period after the employees
enrollment has been processed.
d. Once an employee has contributed leave to the leave
bank, it cannot be returned to the contributor unless the leave bank program is
terminated.
3 FAM 3349.5-2 Open Enrollment
Period
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
During the open enrollment period, employees may elect:
(1) To become leave bank members; or
(2) To terminate their existing membership.
3 FAM 3349.5-3 Individual
Enrollment Period
(CT:PER-777; 07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. An individual enrollment period allows employees to
elect to become leave bank members outside the open enrollment period.
b. Individual enrollment periods must be for 60 days
and begin on the date the employee:
(1) Enters on duty; or
(2) Returns from an extended absence outside of an
open enrollment period.
NOTE: If an employee enrolls
during an individual enrollment period, membership must be effective the
beginning of the first pay period after the enrollment, after which the employee
will be automatically reenrolled during the next open enrollment period unless
the employee terminates membership, separates from the Department, or the leave
bank program is terminated.
3 FAM 3349.5-4 Membership
Contribution Requirements
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. The minimum contribution required to become a leave
bank member for one leave year must be equal to one pay period of annual leave
accrual. Unless determined otherwise (i.e. part time employee), one pay period
of annual leave accrual is equal to:
(1) Four hours of annual leave for an employee who has
fewer than three years of service at the time the employee submits an
application to contribute annual leave;
(2) Six hours of annual leave for an employee who has
at least three but fewer than 15 years of service at the time the employee
submits an application to contribute annual leave; or
(3) Eight hours of annual leave for an employee who
has 15 or more years of service at the time the employee submits an application
to contribute annual leave.
b. The leave bank board may:
(1) Decrease the minimum contribution required for the
following leave year when the leave bank board determines there is a surplus of
leave in the leave bank; or
(2) Increase the minimum contribution required in the
following leave year when the leave bank board determines that such action is
necessary to maintain an adequate balance of annual leave in the leave bank.
3 FAM 3349.6 Use of the Leave Bank
3 FAM 3349.6-1 Leave Bank
Contributions
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. A Federal employee who is not a leave bank member
may apply to contribute leave at any time. The leave contributor must specify
the number of hours of restored annual or annual leave the contributor wishes
to contribute.
b. A leave bank member who transfers from a different
agency or to a different leave bank is subject to the policies and procedures
of the new leave bank, including its minimum contribution requirements.
c. A leave contributor may specify that he or she
would like his or her leave to be applied to a specific leave bank member. A
contributor may not designate him or herself or his or her immediate supervisor
as the recipient.
d. A contribution of annual leave must not be returned
to a leave contributor after deposit in the leave bank unless the leave bank
program terminates.
3 FAM 3349.6-2 Application to
Become a Leave Recipient
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. A leave bank member may make written application,
routed through the case manager, to become a leave recipient. If a leave bank
member is not capable of completing an application on the employee own behalf,
a personal representative may make written application on the employee behalf.
b. The following information must accompany an
application by a leave bank member to become a leave recipient:
(1) Leave Request Coversheet;
(2) Leave Request Application;
(3) Medical Certification (per 5 CFR 630.1208);
(4) Earnings & Leave Statement from the last pay
period; and
(5) Any additional information that may be required by
the leave bank board.
c. Within 10 business days of receipt of a leave bank
recipient request, the case manager will provide to the board a report of a
request to be processed.
d. If the board requires further medical certification
from more than one source, the Department is responsible for direct payment or
reimbursement for expenses associated with obtaining the additional
certification.
3 FAM 3349.6-3 Approval of
Application to Become a Leave Recipient
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. The leave bank board must review an employees
application to become a leave recipient for the purpose of determining whether
the employee is a leave bank member who is or has been affected by a medical
emergency.
b. Before approving an application to become a leave
recipient, the leave bank board must determine that the absence from duty
without available paid leave meets the criteria found in 5 CFR 630.1007.
c. The leave bank board will provide timely written
notification to the case manager of the action the board takes on the
application. If the application is disapproved, the notification will include
the reason for disapproval.
d. The case manager will inform the leave applicant of
the leave bank boards decision.
3 FAM 3349.6-4 Use of Leave
(CT:PER-848; 06-16-2017)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. A leave recipient may use annual leave withdrawn
from the leave bank only for the purpose of the medical emergency for which the
leave recipient request was approved. Such approved requests may include the
use of such donated leave for an employee's own or for a family member's
incapacity of at least 24 hours without available pay due to pregnancy,
recovery from childbirth, or another serious health condition that constitutes
a medical emergency.
b. Donated annual leave may not be used to bond with or
care for a healthy child; to care for a child with a routine illness; to take
the child to medical, dental, or optical appointments or well-baby doctor
visits; for purposes related to adoption or foster placement of a child; or for
any other reasons other than an approved qualifying medical emergency.
c. The approval and use of leave withdrawn from the
leave bank must be subject to all the conditions and requirements imposed 5
U.S.C. 6331 and 5 CFR 630, except that
annual leave withdrawn from a leave bank may accumulate without regard to any
limitation imposed by 5 U.S.C. 6304(a).
d Leave withdrawn from a leave bank may not be:
(1) Included in a lump-sum payment under 5 U.S.C. 5551
or 5552; or
(2) Made available for re-credit upon reemployment by
a Federal agency under 5 U.S.C. 6306.
e. A leave recipient must request and receive approval
from the recipient's supervisor by submitting a Form OPM-71 for each day the
recipient intends to be absent from work.
f. While the employee is in a shared leave status, the
leave bank board must ensure that annual and sick leave must accrue to the
credit of the employee in a separate set-aside account as per 3 FAM 3344.
3 FAM 3349.6-5 Termination of
Medical Emergency
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. The medical emergency affecting a leave recipient
must terminate:
(1) When the leave recipients Federal service
terminates;
(2) When the leave recipient leaves the Department, if
the bank board so determines;
(3) At the end of the biweekly pay period in which the
leave bank board, through the case manager, receives written notice from the
leave recipient or from a personal representative of the leave recipient that
the medical emergency no longer affects the leave recipient;
(4) At the end of the biweekly pay period in which the
leave bank board, through the case manager, determines, after written notice
from the bank board and an opportunity for the leave recipient or a personal
representative of the leave recipient to answer orally or in writing, that the
medical emergency no longer affects the leave recipient; or
(5) At the end of the biweekly pay period in which the
Department receives notice that the Office of Personnel Management has approved
an application for disability retirement for the leave recipient under the
Civil Service or Federal Employees Retirement System.
b. The leave bank board must ensure that annual leave
withdrawn from the leave bank and not used before the termination of the leave
recipients medical emergency be returned to the leave bank.
c. The leave bank board may deem a medical emergency
to continue for the purpose of providing a leave recipient with an adequate
period of time within which to receive contributions of annual leave.
d. If the leave recipients medical emergency
terminates before the employee exhausts all of the donated leave, the leave
will return to the leave bank, not to the leave contributor.
3 FAM 3349.7 Appeals
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
a. If a leave recipient application is disapproved, a
leave recipient applicant may appeal the original determination by request to
the case manager with the reason for the appeal within 15 business days of
notification.
b. Upon receipt of an appeal, the case manager will
review the documentation to determine the reason the application was
disapproved.
c. Appeals will be considered individually and
additional documentation may be required.
d. The leave bank board must review and render a
decision within 10 business days of receiving the request for reconsideration.
e. An employees appeal should:
(1) Provide all relevant information and address why
the request should be reconsidered; and
(2) Include any additional appropriate medical
documentation to support the request.
f. An appeal can only be submitted once per medical
emergency.
g. The decision on the appeal must be final.
h. The case manager will notify the leave recipient
applicant via email or memorandum within five business days of the decision.
3 FAM 3349.8 Records and Reports
(CT:PER-758; 12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)
Records must include the following:
(1) The number of leave bank members for each leave
year;
(2) The number of applications approved for medical
emergencies affecting employees and the number of applications approved for
medical emergencies affecting an employees family member;
(3) The grade or pay level of each leave contributor
and the total amount of leave the contributor contributed to the leave bank;
(4) The grade or pay level and gender of each leave
recipient and the total amount of annual leave the recipient actually used; and
(5) Any additional information requested by OPM.