3 FAM 3460
OTHER PAID LEAVE
(CT:PER-930; 10-18-2018)
(Office of Origin: HR/ER)
3 FAM 3461 AUTHORITY
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Authorities include:
(1) 5 CFR 630.801 - 630.804; and
(2) 5 CFR 752.401
604; and
(3) 5 U.S.C. 6321, 6325, 6326 and 6327.
3 FAM 3462 ELIGIBILITY
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Refer to 3 FAM 3312 for
eligibility requirements.
3 FAM 3463 TRANSIT TIME
3 FAM 3463.1 General
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Transit time may be granted between the points of
departure and destination named in the travel authorization. The appropriate
headquarters office will grant transit time for employees traveling under
official orders who terminate their travel in the United States. The post of
destination is authorized to grant transit time for travel performed under
official orders by employees completing travel at their post.
3 FAM 3463.2 Transit Time in
Connection with Leave
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. Employees will be granted transit time in connection
with authorized home leave travel to the United States (or to a U.S.
Commonwealth or possession if that is the employees home leave residence).
b. Transit time may be granted by the post for R&R
travel or family visitation travel (FVT) if travel cannot be scheduled on
nonworkdays due to circumstances beyond the employees control. Such
circumstances might include lack of air transportation from and/or to post on
nonworkdays, irregular connections from and/or to post, or compassionate
reasons. Such circumstances do not include the employees personal
convenience. Normally, transit time will be limited to 1 day for each leg of
R&R or FVT, and should not exceed 2 days. If the employee makes a stopover
for his or her convenience, transit time may only be granted to the stopover
point.
3 FAM 3463.3 Time Limitation
3 FAM 3463.3-1 Circumstances
Beyond Control of Traveler
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
For travel other than R&R and FVT in 3 FAM 3463.2,
when a greater amount of time than that normally required to complete travel is
spent either in travel or in awaiting transportation because of circumstances
over which the traveler has no control and could not reasonably avoid, the
actual amount of time spent must be considered transit time.
3 FAM 3463.3-2 Use of Privately
Owned Conveyance
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
If travel is performed by privately owned (POV)
conveyance, a reasonable amount of time, in view of the distance and route
traveled and the circumstances of the journey will be considered transit time
whenever such mode of travel is more advantageous to the U.S. Government if
transit time is granted for the travel (see 14 FAM 566).
3 FAM 3463.3-3 Delays in
Awaiting Transportation Due to Personal Reasons
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
If an employee relinquishes duties prematurely for his or
her own convenience and proceeds to the point of departure, any period spent
awaiting transportation must not be considered transit time. In such cases,
allowable transit time may only be computed from the date the employee would
have normally been required to begin official travel. Any delay due to missed
connections that result when an employee delays departure from post or
interrupts travel for personal convenience must not be considered transit time.
3 FAM 3463.3-4 Allowable Transit
Time
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
When the first day of transit time has been authorized and
established, each consecutive workday thereafter actually and necessarily spent
in travel, including authorized rest stops and time necessarily spent in
awaiting transportation en route, will be considered transit time.
3 FAM 3463.4 Charging Time in
Excess of Allowable Transit Time
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Time used by the employee in travel and in awaiting
transportation that is in excess of allowable transit time will be charged
against annual leave, if available, earned compensatory time, or leave without
pay. The basis is 8 hours for each workday subsequent to the date the employee
could have arrived at the destination had the employee proceeded by a usually
traveled route, and by the mode of transportation prescribed in pertinent
travel regulations. Computation of allowable transit time for leave purposes
must be independent of computation of per diem for the purposes of determining
allowable travel expenses.
3 FAM 3463.5 Transit Time in
Connection With Separation
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Transit time is allowable when travel commences on the
first workday following relinquishment of duty or, when leave is granted, not
later than the expiration date of approved leave.
3 FAM 3464 EXCUSED ABSENCE
3 FAM 3464.1 General
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Excused absence is an absence from duty administratively
authorized or approved by the leave-approving officer and does not result in a
charge in leave of any kind or in loss of basic salary.
3 FAM 3464.1-1 Purpose
(CT:PER-930; 10-18-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Excused absence may generally be granted for the following
purposes:
(1) Absences of 1 hour or less due to emergencies or
tardiness;
(2) To undergo physical examination:
(a) When required pursuant to regulations; or
(b) When required by induction or enlistment in the
Armed Forces of the United States, provided the request for absence is
supported by official notification from appropriate military authority.
However, if hospitalization for additional tests is required, that time may not
be excused;
(3) For time spent in health rooms if such cumulative
time is 1 hour or less in 1 day. Time in excess of 1 hour should be charged as
sick leave;
(4) For examination or outpatient treatment by a U.S.
Government physician or by a facility officially authorized to handle cases of
employees injured in the performance of duty. However, this does not apply to
additional absence on account of the injury where treatment is not involved;
(5) To visit blood donor centers for the purpose of
donating blood without a charge to leave. The employee may be excused for 4
hours (only on the day blood is donated) in addition to the time required to
travel to and from the blood donor center and to actually give blood. If the
employee is not accepted for blood donation, only the time necessary for the
round trip is to be excused;
(6) To participate in Foreign Service or Civil Service
examinations when it is deemed to be primarily in the interest of the U.S.
Government;
(7) To permit employees who are veterans of any war,
campaign or expedition for which a campaign badge has been authorized, or are
members of official honor or ceremonial groups or organizations, to participate
as active pallbearers or guards of honor in funeral ceremonies for members of
the U.S. Armed Forces whose remains are returned from abroad for final
interment in the United States. Such periods of excused absence are limited to
4 hours;
(8) When a post is closed to the public on local
holidays by administrative order, or when Federal work may not be properly
performed. However, U.S. citizen employees may be required to work on such
days, and are not entitled to holiday pay or overtime pay for such work;
(9) To attend incentive award ceremonies or to pay
respect to retiring employees at a ceremony or reception; and
(10) The Departments
weather and safety leave policy is set forth in 3 FAM 3480.
3 FAM 3464.1-2 Conduct-Related
Excused Absence
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Excused absence may be directed in rare circumstances and
when authorized as provided by 3 FAH-1
H-3461.2 when an investigation, inquiry, or disciplinary action regarding
the employees conduct is pending, has been requested, or will be requested
within 2 workdays, and the continued presence of the employee in the workplace
may pose a threat to the employee or to others, or may result in loss of, or
damage to, U.S. Government property, or may otherwise jeopardize legitimate
U.S. Government interests.
3 FAM 3464.2 Voting and
Registering
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. Insofar as is practicable, without interfering with
operations, employees may travel, at their own expense, to their legal voting
residence in the United States to vote or register in any election or
referendum on a civic matter in their community.
b. Such time may be excused if:
(1) The polls are not open at least 3 hours either
before or after an employees regular work hours. In such cases, excused
absence is limited to the time necessary to permit the employee to either
report to work 3 hours after the polls open or leave work 3 hours before polls
close;
(2) Exceptional circumstances require the employee to
be absent for up to 1 full workday in order to vote. For example, the
jurisdiction requires registration in person, registration is not available on
a nonwork day and the place of registration is within a reasonable one-day
round-trip.
3 FAM 3464.3 Transition Leave
3 FAM 3464.3-1 General Guidance
(CT:PER-927; 10-01-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. Transition leave is authorized for a specific
purpose, i.e., to provide employees a period of excused absence to settle into
their homes in the United States before returning to an assignment in the
United States.
b. Fifteen (15) working days of transition leave will
be granted to Civil Service (CS) employees on limited noncareer appointments
(LNA) who serve at least 18 consecutive months abroad (12 months at posts
designated by the Director General per 3 FAM 3433.1)
and immediately return to work for their parent agency in the United States for
at least 6 months.
c. Ten (10) working days of transition leave will be
granted to Foreign Service (FS) employees returning for a domestic assignment
who are ineligible for home leave due to the fact that they will not return to
service abroad because of mandatory retirement, and who meet all other home
leave eligibility criteria. Employees must serve at least 18 consecutive
months abroad (12 months at posts designated by the Director General per 3 FAM 3433.1)
and immediately return to work for their parent agency in the United States for
at least 6 months.
d. Normally, transition leave is voluntary. However,
transition leave is mandatory following service at a post designated by the
Director General under 3 FAM 3433.1.
On request of an employee, this requirement may be waived based on personal
needs, particularly if taking transition leave would impact negatively on his
or her ability to reconnect with immediate family members. Waiver requests
must be approved by the Director General.
e. Transition leave will be approved for use in the
United States only after termination of an assignment abroad and before
reporting to a new assignment in the United States. Transportation within the
United States is not provided. An employee may request to use transition leave
after he or she reports to a new assignment only for compelling personal
reasons of a compassionate nature, or for the needs of the Service. A request
to defer the usage of transition leave must be made, in writing, to the
executive director of the gaining office for his or her approval before the
employee departs the post abroad. However, under no circumstances will
transition leave be approved for use more than 30 calendar days after an
employee has reported to work in the United States. Transition leave will be
noted on travel authorizations issued by HR/EX.
f. For Department of Commerce employees, requests for
transition leave must be made to the leave approving official at the new duty
station. For USAID employees, requests for use of transition leave or deferral
of such leave must be submitted to the leave approving supervisor in the gaining
bureau or office. For USAGM employees, transition leave must be requested from
and approved by the leave approving official in the gaining office in the
United States.
g. For Commerce/USDA (Foreign Agricultural Service) USAGM
employees, requests for approval of transition leave or to defer usage should
be included in the request for travel orders and if approved, will be noted in
the travel authorization.
3 FAM 3464.3-2 Repayment of
Leave
(CT:PER-927; 10-01-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. An employee who fails to complete at least 6 months
service in an assignment with his or her parent agency in the United States
after using transition leave will be indebted to the Federal Government for the
excused absence. The period of used transition leave may be changed to annual
leave or repaid to the Federal Government at the time of separation. Amounts
owed by an employee under this section will be recovered from the employee.
b. Waiver of this repayment requirement may be
requested for compelling personal reasons of a compassionate nature and
approved by the appropriate Deputy Assistant Secretary for Human Resources
(DGHR). For Department of Commerce employees, waiver may be requested and
approved by the respective Assistant Secretary. For USDA/Foreign Agricultural
Service employees, waiver may be requested and approved by the Deputy
Administrator, Office of Foreign Service Operations. For USAID employees,
waivers of repayment may be requested and approved by the Deputy Assistant Administrator
for Human Resources or his or her designee. For USAGM employees, waiver
requests must be submitted to the Director, Office of Human Resources.
c. Transition leave may not be the basis of any
lump-sum payment upon separation.
3 FAM 3464.4 Funeral Leave
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
For purposes of 3 FAM 3464.4-1
and 3 FAM
3464.4-2, immediate relative is defined in 5 CFR. 630.803 and means the
following relatives of the deceased member of the U.S. Armed Forces:
(1) Spouse and parents thereof;
(2) Sons and daughters, and spouses thereof; son or
daughter means
A biological, adopted, step, or foster son or daughter of the
employee;
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;
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; or
A son or daughter, as described in this definition, of an
employee's spouse or domestic partner.
(3) Parents and spouses thereof; parent means
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;
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; or
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.
A parent, as described in this definition, of an employee's
spouse or domestic partner.
(4) Brothers and sisters, and spouses thereof;
(5) Grandparents and grandchildren, and spouses
thereof;
(6) Domestic partner (an adult in a committed
relationship with another adult, including both same-sex and opposite-sex
relationships) and parents thereof, including domestic partners of any
individual in (1) through (5), above; and
(7) Any individual related by blood or affinity whose
close association with the deceased was such as to have the equivalent of a
family relationship.
3 FAM 3464.4-1 Funeral Leave for
Relative Killed in Line of Duty while Serving in a Combat Zone
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
An employee must be granted funeral leave (without loss or
reduction in pay, leave to which otherwise entitled, or credit for time or
service, and without adversely affecting performance rating) as is needed and
requested, but not to exceed 3 workdays, to make arrangements for, or to attend
the funeral or memorial service for an immediate relative who dies as a result
of a wound, disease, or an injury incurred while serving as a member of the
U.S. Armed Forces in an area designated by Executive Order as a combat zone.
The 3 days need not be consecutive. For periods in excess
of the 3 days permitted under this section, employees may request sick leave
for bereavement purposes per 3 FAH-1 H-3425.
3 FAM 3464.4-2 Funeral Leave for
Relative Killed in Line of Duty - Not in a Combat Zone
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
An employee may be excused for a period not to exceed 8
hours to make arrangements for or to attend the funeral or memorial service for
an immediate relative killed in line of duty in the U.S. Armed Forces in an
area other than a combat zone (when the relative died as a result of service in
a combat zone, see 3 FAM 3464.4-1).
For periods in excess of the permitted 8 hours, employees may request sick
leave for bereavement purposes, per 3 FAH-1 H-3425.
3 FAM 3464.5 Absence Resulting
from Hostile Action Abroad
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. No leave should be charged to the account of any
employee for absence, not to exceed 1 continuous year, due to any injury
incurred while serving abroad and resulting from war, insurgency, mob violence,
or similar hostile action, provided that the injury must not have been due to
vicious habits, intemperance, or willful misconduct on the part of the
employee. (See 3
FAM 3414 for possible restoration of forfeited annual leave for employees
in a missing status.)
b. Approvals of requests for such absences without
charge to leave will be made by:
(1) State: Director General of the Foreign Service
and Director of Human Resources, or the Deputy Assistant Secretary for Human
Resources;
(2) USAID: Deputy Assistant Administrator for Human
Resources, DAA/HR;
(3) USDA: FAS - Personnel Division APHIS - Human
Resources Division or Resources Management Support, International Services or
their designees; and
(4) Commerce: DAS/OIO, U.S. and Foreign Commercial
Service.
3 FAM 3464.6 Bone-Marrow or Organ
Donor
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. A full-time employee is entitled to excused absence
not to exceed 7 days (or 56 hours) in any calendar year for the time necessary
to serve as a bone-marrow donor. Excused absence for bone-marrow donation may
be used for compatibility testing as well as actual donation and treatment.
b. A full-time employee is entitled to excused absence
not to exceed 30 days (or 240 hours) in any calendar year for the time
necessary to serve as an organ donor. Excused absence for organ donation may
be used for compatibility testing as well as actual donation and recuperation.
c. These amounts are prorated for part-time employees
and employees on uncommon tours of duty.
d. See 5 U.S.C. 6327.
3 FAM 3464.7 Limited Marriage
Leave
(CT:PER-794; 12-21-2015)
(State Only)
(Applies to Foreign Service Employees)
A Foreign Service employee who is assigned to a post in a
country in which he or she cannot legally marry and who wishes to marry may
request excused absence not to exceed 10 days (or 80 hours) during a tour of
duty for the time necessary to travel, at the employees own expense, to a
jurisdiction where he or she can be legally married. Approvals of requests for
such absences without charge to leave will be made by the Director General of
the Foreign Service and Director of Human Resources, or the Deputy Assistant
Secretary for Human Resources.
3 FAM 3465 LEAVE FOR RELIGIOUS
HOLIDAYS
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. In order to meet the employers legal obligation
under Title VII of the Civil Rights Act of 1964 to provide reasonable
accommodation to employees for religious purposes, leave approving officials
must grant annual leave to permit employees to participate in their personal
religious observances unless to do so would create an undue burden upon the employer.
Such absences will be charged to annual leave or to compensatory time or, if
the employee has neither, to leave without pay.
b. To the extent that it does not interfere with the
efficient accomplishment of work, an employee may, with the approval of the
supervisor, elect to work compensatory overtime for the purpose of taking time
off without charge to leave when personal religious beliefs require that an
employee abstain from work during certain periods of the workday or workweek.
The employee may work such compensatory overtime either before or after the
granting of compensatory time off.
c. The premium pay provisions for overtime work do not
apply to compensatory work performed by an employee for this purpose.
d. See 3 FAM 3130,
specifically 3
FAM 3133.6 for regulations concerning special compensatory time off for
religious observances.
3 FAM 3466 PROCEDURES
(CT:PER-921; 09-14-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
Refer to 3 FAH-1 H-3460
for guidance and procedures.
3 FAM 3467 THROUGH 3469 UnASSIGNEd