3 FAM 3350
LEAVE and reassignment of duties FOR MATERNITY AND
PATERNITY REASONS
(CT:PER-924; 09-21-2018)
(Office of Origin: HR/ER/WLD)
3 FAM 3351 GENERAL
(CT:PER-924; 09-21-2018)
(Uniform State/Agriculture/USAGM/Commerce/USAID)
(Applies to Foreign Service & Civil Service Employees)
a. A female employee may request annual leave, sick
leave and/or leave without pay (LWOP) for pregnancy and childbirth
incapacitation and care of a newborn.
b. A male employee may request annual leave, sick
leave, and/or LWOP consistent with current regulations for purposes of care of
a newborn child or the mother of his newborn child while she is incapacitated
for maternity reasons.
c. Refer to 3 FAM 3530,
Family Medical Leave Act (FMLA); 3 FAM 3410,
Annual Leave; 3
FAM 3420, Sick Leave; 3 FAM 3130,
Premium Compensation; and 3 FAM 3510,
Leave without Pay (LWOP).
3 FAM 3352 AUTHORITY
(CT:PER-924; 09-21-2018)
(Uniform State/Agriculture/USAGM/Commerce/USAID)
(Applies to Foreign Service & Civil Service Employees)
The authorities for this policy are as follows:
(1) 5 U.S.C. Chapter 63 (Annual and Sick Leave);
(2) 5 U.S.C. 5541 - 5550;
(3) 5 CFR 630.301 et seq., Subpart C (Annual Leave);
(4) 5 CFR 630.401 et seq., Subpart D (Sick Leave);
(5) 5 CFR 630.1201 et seq., Subpart L (Family and
Medical Leave); and
(6) 5 CFR, Part 550 and 551.
3 FAM 3353 EMPLOYEE RESPONSIBILITY
(CT:PER-924; 09-21-2018)
(Uniform State/Agriculture/USAGM/Commerce/USAID)
(Applies to Foreign Service & Civil Service Employees)
a. As with all leave requests, prior to taking leave,
an employee should request leave in writing and complete a Form DS-7100,
Request for Leave or Approved Absence, to request sick leave, annual leave
and/or leave without pay for maternity and paternity reasons. The Form DS-7100 must be submitted to the employees supervisor,
or the person acting on supervisors behalf, for approval. The employee must
include the type of leave, approximate dates and anticipated duration of leave
to allow for any staffing adjustments that may be necessary.
b. For unpaid leave under the Family and Medical Leave
Act of 1993 an employee must complete and submit a Form DS-1923, Family and
Medical Leave Act (FMLA), to the employees bureau executive director for
approval
3 FAM 3354 RESPONSIBILITY OF APPROVING
OFFICER
3 FAM 3354.1 Medical Documentation
(CT:PER-924; 09-21-2018)
(Uniform State/Agriculture/USAGM/Commerce/USAID)
(Applies to Foreign Service & Civil Service Employees
If there are questions as to the physical ability of a
pregnant employee to perform her job without hazard to her health, the approval
officer should request that the employee furnish medical documentation. The
approval officer may, after consultation with and consent of the employee, find
it desirable to discuss the employees general state of health with her
physician or practitioner, and/or a health practitioner in the Office of
Medical Services.
3 FAM 3354.2 Determining Working
Conditions
(CT:PER-924; 09-21-2018)
(Uniform State/Agriculture/USAGM/Commerce/USDA)
(Applies to Foreign Service & Civil Service Employees)
a. The supervisor should make an effort to be aware of
any particular working condition or strenuous requirements which may be part of
the work environment and which could have an adverse affect upon employees with
various physical conditions, including pregnancy. The Departments Office of
Medical Services (M/MED) is responsible, as necessary, on a case-by-case basis
for determining whether any of the physical requirements of the job could have
a harmful effect upon a pregnant employee or an unborn child. The employee
should consult with her physician (and if abroad, with the post Foreign Service
Health Practitioner, e.g., the regional medical officer or the post medical
advisor) on this matter. If, after those discussions, it is found that the
duties of the employee require activity or exposure which may be injurious to
the employees health or the health of her baby, every reasonable effort should
be made by the supervisor to make reasonable adjustments to the current job or
otherwise detail or temporarily reassign the employee to other available work
for which she is qualified. If work assignments permit, an employee may be
eligible to telework. Guidelines for the use of telework can be found at 3 FAM 2360.
b. The objective should be to provide the employee with
gainful employment and to make use of her skills for as long as she is able to
perform the duties of her regular position. If the employee has medical
documentation of her incapacitation for the duties of her regular position and
no other work assignments are available or she is unable to perform them, she
should be granted sick leave, annual leave, and/or leave without pay.
3 FAM 3354.2-1 Determining
Working Conditions - DS Employees Only
(CT:PER-924; 09-21-2018)
(Uniform State/Agriculture/USAGM/Commerce/USDA)
(Applies to Foreign Service & Civil Service Employees)
a. Although available evidence is inconclusive, a
pregnant employees exposure to lead and noise on a firing range may be unsafe
to the health of her fetus. Since carrying a firearm requires regular
qualification training on a firing range, pregnant employees who carry firearms
as a requirement of their job are strongly encouraged to request temporary
reassignment to duties that do not involve protective, investigative or other
activities that require carrying a firearm. Before their next scheduled date
for firearms re-qualification training, employees choosing reassignment must
submit a written request and physicians confirmation of pregnancy to their
immediate supervisor with a copy to the Executive Director. The supervisor, in
consultation with the employee and Executive Director, will determine the
temporary reassignment.
b. A pregnant employee may opt to continue firearms
training. However, before deciding, a pregnant employee must discuss the
potential health risks with both her personal physician and the Office of
Medical Services (DGP/MED) liaison. If she chooses to continue, she should
submit a written statement attesting to these medical discussions to the Office
Director responsible for the range. The director must ensure the range
accommodates the employee with procedures designed to reduce her exposure to
lead and noise.
3 FAM 3355 CONTINUED EMPLOYMENT
3 FAM 3355.1 Employee Planning To
Return To Duty
(CT:PER-924; 09-21-2018)
(Uniform State/Agriculture/USAGM/Commerce/USAID)
(Applies to Foreign Service & Civil Service Employees)
a. An employee is entitled to continued employment in
her original position or a position of like seniority and status and pay, if
she wishes to return to work following delivery and incapacitation, unless
termination is otherwise required by expiration of appointment, reduction in
force, for cause or for other reasons unrelated to the maternity absence. See 3 FAM 3530 for
employment and benefits, pursuant to the Family and Medical Leave Act.
b. Diplomatic Security employees who were temporarily
reassigned to light duty not requiring firearms training at their request
during pregnancy must successfully complete firearms re-qualification training
prior to returning to their original position and carrying a firearm.
3 FAM 3356 THROUGH 3359 UNASSIGNED