**CHAPTER 3: SICK LEAVE PROCEDURES AND REQUIREMENTS**

**(FOR SELF AND FAMILY MEMBERS)**

**PURPOSE**[]{#__RefHeading___Toc159132922 .anchor}

This Chapter -

-   Describes procedures and requirements of using sick leave for self
    and family members.

-   This chapter is being revised to reflect OPM's recent change in
    requiring that employees maintain a minimum sick leave balance of 80
    hours to use the maximum amount of sick leave for family care or
    attend a family member's funeral (effective September 18, 2006). In
    addition, it also allows optional use of an electronic calendar
    within a manager's workgroup to request leave (e.g. Outlook or Share
    Point calendars).

-   Supersedes Personnel Letter 630-1 Chapter 3 dated July 26, 2002.

[**PURPOSE 1**](#__RefHeading___Toc159132922)

[**I. DEFINITIONS 2**](#__RefHeading___Toc159132923)

[**II. EARNING SICK LEAVE 2**](#__RefHeading___Toc159132924)

[**III. SCHEDULING/APPROVING (GRANTING) SICK LEAVE
3**](#__RefHeading___Toc159132925)

[**IV. SCHEDULING SICK LEAVE 4**](#__RefHeading___Toc159132926)

[**V. MEDICAL CERTIFICATE 6**](#__RefHeading___Toc159132927)

[**VI. RESTRICTIONS ON OUTSIDE EMPLOYMENT DURING PERIODS OF SICK LEAVE
7**](#__RefHeading___Toc159132928)

[**VII. REQUIREMENTS FOR MEDICAL RELEASE
7**](#__RefHeading___Toc159132929)

[**VIII. ADVANCED SICK LEAVE 8**](#__RefHeading___Toc159132930)

[**IX. SUBSTITUTION OF SICK LEAVE FOR ANNUAL LEAVE
9**](#__RefHeading___Toc159132931)

[**X. DISPOSITION OF SICK LEAVE UPON TRANSFER OF SEPARATION
10**](#__RefHeading___Toc159132932)

I.  **DEFINITIONS**[]{#__RefHeading___Toc159132923 .anchor}

> **Family Member** (as used in this Chapter) - The following relatives
> of the employee:

-   Spouse, and parents thereof;

-   Children, including adopted children and spouses thereof;

-   Parents;

-   Brothers and sisters, and spouses thereof; and

-   Any individual related by blood or affinity whose close association
    with the employee is the equivalent of a family relationship.

> **Serious Health Condition:** A serious health condition is an
> illness, injury, impairment, or physical or mental condition that
> involves

-   Hospital care,

-   Absence plus treatment,

-   Incapacity due to pregnancy or for prenatal care,

-   Chronic conditions requiring treatments over an extended period of
    time, or

-   Permanent/long-term conditions requiring supervision or multiple
    treatments.

    -   Examples of serious health conditions include conditions such as
        cancer, heart attacks, strokes, severe injuries, and Alzheimer's
        disease. This is not intended to cover short-term conditions
        (e.g., less than 3 days of sick leave) for which treatment and
        recovery are very brief. A serious health condition does not
        include: routine physicals, eye or dental exams; regiment of
        continuing treatment of over the counter medications, bed rest
        exercises, etc.; flu, common cold, earaches, upset stomach,
        headaches, allergies, restorative dental or plastic surgery,
        unless complications occur. A more complete definition is
        located in Personnel Letter 630-1, under the section titled
        Family and Medical Leave Act.

**Other Definitions:** Refer to PL-630-1, Chapter 1.

II. **EARNING SICK LEAVE**[]{#__RefHeading___Toc159132924 .anchor}

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A.  Full-time employees earn 4 hours of sick leave for each full
    bi-weekly pay period.

B.  Part-time employees earn sick leave on a prorated basis of 1 hour
    for each 20 hours of duty.

C.  Unused sick leave accumulates throughout an employee\'s career
    without limit.

D.  An employee is not required to complete a 90-day period of
    continuous employment in order to be entitled to earn or use sick
    leave. Such leave is available for use at any time during the pay
    period in which it is earned.

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III. **SCHEDULING/APPROVING (GRANTING) SICK
     LEAVE**[]{#__RefHeading___Toc159132925 .anchor}

> Managers may require employees to provide evidence that is
> administratively acceptable in support of their requests for sick
> leave, except as required under the Section referring to Medical
> Certificate. Except as noted, sick leave must be granted when an
> employee is:

A.  Physically incapacitated for the performance of duties by sickness,
    injury, or pregnancy and confinement;

B.  Receiving medical, dental, or optical examination or treatment;

C.  Receiving therapy or rehabilitation treatment associated with mental
    or emotional illness, or substance abuse;

D.  Receiving treatment from a licensed family/marriage counselor;

E.  Providing care for a family member who is incapacitated by medical
    or mental condition or attends to a family member receiving medical,
    dental, or optical exam or treatment where there may not be a
    serious health condition (see section below regarding limitations on
    amount of sick leave available for use under this provision);

F.  Providing care for a family member with a serious health condition
    (see section below for limitations on amount of sick leave available
    for use under this provision);

G.  Making arrangements necessitated by the death of a family member or
    attending a funeral of a family member (see section below for
    limitations on amount of leave available for use under this
    provision);

H.  Absence from work when absences relate to the adoption of a child;
    including, appointments with adoption agencies, social workers, and
    attorneys; court proceedings; required travel; and any other
    activities necessary to allow the adoption to proceed. This does not
    include time spent bonding with the child.

I.  Exposed to a communicable disease, and because of this exposure,
    his/her presence on the job would jeopardize the health of others.
    (Use of sick leave to care for family members who are ill is covered
    above.) A state-licensed diagnostician must diagnose the disease.
    The maximum time periods for which leave may be granted after an
    employee has been exposed to a communicable disease is listed below.
    The employee must produce a medical certificate to document his/her
    eligibility to use sick leave under this provision.

+-----------------------------+----------------------------------------+
| [Disease, exposure to which | [Amount of Sick Leave that             |
| would]{.underline}          | May Be Granted]{.underline}            |
|                             |                                        |
| [qualify for use            |                                        |
| of Sick Leave]{.underline}  |                                        |
+-----------------------------+----------------------------------------+
|                             |                                        |
+-----------------------------+----------------------------------------+
| -   [Measles]{.underline}   | [Infectious from onset of first        |
|                             | symptoms until 4 days after the        |
|                             | appearance of the rash.]{.underline}   |
+-----------------------------+----------------------------------------+
| -   [Rubella]{.underline}   | [Infectious from 7 days before the     |
|                             | rash appears until 4 days              |
|                             | after.]{.underline}                    |
+-----------------------------+----------------------------------------+
| -   [Mumps]{.underline}     | [Infectious from 3 days before the     |
|                             | glands swelling until 7 days after the |
|                             | swelling has subsided.]{.underline}    |
+-----------------------------+----------------------------------------+
| -   [Chicken                | [Infectious from 5 days before the     |
|     Pox]{.underline}        | rash appears until all the spots have  |
|                             | scabs.]{.underline}                    |
+-----------------------------+----------------------------------------+
| -                           | [Once diagnosed, employee must receive |
|  [Tuberculosis]{.underline} | clearance from County Health           |
|                             | Department before returning to         |
|                             | work.]{.underline}                     |
+-----------------------------+----------------------------------------+

> **The following limitations apply to use of sick leave for family care
> and bereavement.**

A.  For use of sick leave for a family member with a non serious health
    condition, or to attend a family member's funeral, full-time
    employees may use a maximum of 104 hours of sick leave in any leave
    year. This amount is prorated for employees in part-time or uncommon
    tours-of-duty as specified in 5 CFR Section 630.401. (For further
    definition see Exhibit 3A.)

B.  For use of sick leave to care for a family member with a serious
    health condition, full-time employees may use a maximum of 480 hours
    of sick leave in any leave year. (For further definitions see
    Exhibits 3A and 3B). This amount is prorated for employees in
    part-time or uncommon tours-of-duty as specified in 5 CFR Section
    630.401.

C.  If an employee has previously used any portion of the 104 hours of
    sick leave for a family member or to attend a family member's
    funeral, that amount must be subtracted from the 480 hour maximum
    amount. If an employee has already used the 480 hours maximum of
    sick leave to care for a family member, he or she cannot use an
    additional 104 hours in the same leave year for other family care or
    for bereavement purposes. An employee is entitled to a total of 480
    hours of sick leave each leave year for all family care and
    bereavement purposes.

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IV. **SCHEDULING SICK LEAVE**[]{#__RefHeading___Toc159132926 .anchor}

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A.  Non-emergency sick leave must be scheduled in advance. On those
    occasions when an employee is unable to report for work because of
    injury, illness, or the need to care for a family member, he/she is
    responsible for notifying the manager (or using other notification
    procedures approved in advance by the manager) as soon as possible,
    but not later than 2 hours into the daily tour of duty of the first
    day of absence or a lesser period of time if required by the
    manager. Otherwise, the absence is not authorized, and must be
    charged as Absence-Without-Leave (AWOL). If the manager later
    approves leave, the AWOL is changed to the appropriate leave
    category.

B.  A request for sick leave with appropriate documentation must be
    submitted by the employee promptly upon return to work or as
    instructed by the manager.

C.  Managers must ensure that employees document their time and
    attendance appropriately. In order to assure this happens, managers
    have the following options for approval of routine requests for
    accrued sick leave **(for advanced sick leave requests, sick leave
    to care for a family member, or sick leave under FMLA OPM Form 71,
    Application for Leave must be completed):**

    1.  Requiring employees to submit a printed OPM Form 71, Application
        for Leave (leave request), in advance, to the manager (a manager
        may elect to approve leave requests orally and arrange for
        employees to submit an OPM Form 71 for the manager's signature
        at a later date);

    2.  Requiring employees to submit an electronic (e-form) version of
        the OPM Form 71, including an electronic signature for both the
        employee and manager;

    3.  Requiring employees to submit an e-mail message to the manager
        for approval before leave is taken. The Subject Line of the
        e-mail should contain "Leave Request". This method would be
        deemed to have been \"signed\" by the employee and managers by
        virtue of having sent the e-mail and providing an approval or
        disapproval via return e-mail;

    4.  Using an electronic calendar for optional use within a manager's
        workgroup to request leave (e.g., Outlook or Share Point
        calendars);

    5.  Requiring a telephone or verbal request procedure where the
        manager is held responsible for recording the leave request and
        approval by utilizing a paper or electronic document (electronic
        or paper calendar, note to file etc.) that the manager deems
        appropriate: or

    6.  Allowing employees to certify their own leave usage, if
        requesting less than a full day of leave, by signing the Time
        and Attendance Worksheet (applicable only for those using a hard
        copy timesheet).

D.  Records Retention Requirement: Documentation and approval of leave
    requests are official records and must be maintained in Official
    Files and retained for 3 years. The file code is FI-18-11. Storage
    options are as follows:

    1.  Electronic records (including OPM Form 71 and e-mail messages)
        must be stored in a secure drive and labeled or indexed to
        ensure availability and access throughout their active life. In
        addition, the leave electronic file should be retained in such a
        way as to allow for records disposal at the end of 3 years.
        Electronic files should be set up by calendar year and indexed
        by employee name.

    2.  Paper records must be stored in a secured cabinet with limited
        assess. Files should be set up by calendar year and indexed by
        employee name.

    3.  Refer to the BPA Records Manual or Records Management for more
        information.

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V.  **MEDICAL CERTIFICATE**[]{#__RefHeading___Toc159132927 .anchor}

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A.  A manager may require that each period of sick leave of more than 3
    consecutive workdays be supported by either a medical certificate
    issued by a state-licensed diagnostician, or by other evidence
    (except for advanced sick leave, care of a family member with a
    serious health condition, or if FMLA has been invoked for self or a
    family member). The medical certificate or other evidence must be
    administratively acceptable to the manager and must be presented
    within 15 calendar days of the request made by the manager. An
    employee who fails to do so is not entitled to the sick leave.

B.  Also, a medical certificate for any period of sick leave for less
    than 3 consecutive workdays may be required at the manager's
    discretion, provided the employee has been given written notice of
    this requirement in advance, or if the manager believes a specific
    leave request is suspicious and provides the employee with an
    explanation as to why the certificate is being requested (except for
    advanced sick leave, care of a family member with a serious health
    condition, or if FMLA has been invoked for self or a family member).
    The medical certificate must be provided by the employee within the
    time frame addressed in the advance written notice or within 15
    calendar days of being requested to submit it if there is no advance
    written notice. If an employee fails to do so, the employee is not
    entitled to the sick leave and the manager should consult an
    Employee Relations Specialist to determine the appropriate action to
    be taken.

C.  Documentation of a serious health condition [is
    required]{.underline} when caring for a family member. BPA Form
    3780.02e, Certification of Health Care provider (available on
    e-forms and Exhibit 3B) shall be used for this purpose. The BPA Form
    3780.02e requires written certification from the health care
    provider of the family member's need for psychological comfort
    and/or physical care. An employee must provide BPA Form 3780.02e
    within 15 calendar days after the manager requests such
    documentation. If the employee believes confidential medically
    sensitive information has been included on the certification form,
    the employee has the option of first submitting the medical
    documentation form to the Medical Program Manager, Human Capital
    Management. The Medical Program Manager will remove all medically
    sensitive information shown on the form or summarize the work
    related information stated and provide a memo to the manager.

D.  If it is not practicable under the particular circumstances to
    provide the documentation within this time frame despite the
    employee's diligent, good faith efforts, the employee must provide
    it within a reasonable period under the circumstances, but no later
    than 30 calendar days after the manager's request. An employee who
    fails to do so is not entitled to sick leave.

E.  If an employee fails to provide required documentation within the
    timelines discussed above, management may approve the sick leave
    even though the employee is not entitled to it. In making such
    decisions, management will take into consideration situations in
    which an employee is able to document diligent, good faith efforts
    on the employee's part to obtain such documentation but the medical
    provider has not been responsive.

F.  Medical documentation, as specified in Chapter 8, Family and Medical
    Leave Act FMLA), must be provided by the employee if he/she invokes
    his/her entitlement to use any leave, including sick leave, under
    FMLA (see Exhibit 3A or 8A).

G.  All documentation that identifies a diagnosis or other medically
    sensitive information shall be kept in secured systems. Access to
    such documentation will be limited to those with a need to know. BPA
    Form 3780.02e, documenting an employee's serious health condition,
    shall be filed in the Employee Medical File (EMF). Forms documenting
    a family member's medical condition shall be filed in a folder
    labeled "Family Member Medical Documentation," and kept with the
    Leave Program Manager in Human Capital Management.

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VI. **RESTRICTIONS ON OUTSIDE EMPLOYMENT DURNING PERIODS OF SICK
    LEAVE**[]{#__RefHeading___Toc159132928 .anchor}

> Employees are required to notify their managers whenever they engage
> in outside employment on one or more days during a period in which
> they have requested sick leave. If the employee is unable to work for
> BPA because of illness or injury, the employee is generally considered
> unable to work elsewhere. Employees are required to obtain prior
> approval before engaging in outside work during a period of sick
> leave. Managers may approve outside employment in rare instances such
> as an employee confined at home because of pregnancy who engages in
> telephone solicitation work, where the condition might prevent the
> employee from carrying out official duties, but might not prevent her
> from engaging in the telephone work.

VII. **REQUIREMENTS FOR MEDICAL RELEASE**[]{#__RefHeading___Toc159132929
     .anchor}

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A.  Return to duty from leave taken for illness or injury by an employee
    with medical standards/physical requirements. Employees in such
    positions, who are absent for more than 3 consecutive workdays (or
    for a lesser period if deemed necessary) because of a condition
    which prevents them from meeting the medical standards or physical
    requirements, will be required to provide a medical release from a
    state-licensed diagnostician (at the employee's expense) certifying
    that the employee can resume work without risk of health or injury
    hazards to self or others. In other instances, an exam may not be
    needed. For example, a case of influenza or the common cold may not
    adversely affect an employee's ability to perform the functional
    requirements of his/her position such as lifting, walking, climbing,
    etc. Other than situations such as the one just discussed, an
    employee may not be permitted to work without the medical release.
    Any medical certificate or report shall be forwarded to the Medical
    Program Manager in Human Capital Management for filing in the
    Employee Medical Folder.

B.  Return to duty from an indefinite period of leave taken for illness
    or injury by an employee who does not occupy a position with medical
    standards/physical requirements. When an employee's physician has
    documented the employee's illness or injury, and has prohibited the
    employee from attending work for an indefinite period of time, the
    employee shall not be permitted to return to work without a medical
    release. Contact Employee Relations staff for information regarding
    the procedures for placing an employee on excused absence and/or
    indefinite suspension pending the presentation of a medical release.

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VIII. **ADVANCED SICK LEAVE**[]{#__RefHeading___Toc159132930 .anchor}

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A.  Sick leave may only be advanced for the serious disability or
    ailment of the employee or employee's family member, or for purposes
    relating to the adoption of a child, but with the following
    limitations:

    1.  For full-time permanent employees, advanced sick leave cannot
        exceed a total of 240 hours for the employee or for adoption
        purposes.

    2.  For employees on a part-time work schedule, advanced sick leave
        may be scheduled on a pro-rata basis (e.g., a permanent
        part-time employee with a tour of duty of 20 hours per week
        would be eligible for a total of 120 hours of advanced sick
        leave).

    3.  Temporary employees may be advanced only the amount of sick
        leave that remains to be earned during their current
        appointment.

    4.  Up to 40 hours of sick leave may be advanced per leave year to
        care for a family member with a serious ailment or disability
        (pro-rated for part-time employees).

    5.  A doctor's statement is required to include the nature and
        estimated duration of the serious disability or ailment of the
        employee or family member.

B.  Sick leave cannot be advanced for the purpose of being applied
    retroactively to cover previous absences in which annual leave or
    LWOP was used, unless it is substituted in the same pay period
    during which absence occurred.

C.  Sick leave cannot be advanced beyond the ability of the employee to
    repay the advanced sick leave he/she has requested. For example,
    advanced sick leave shall not be approved beyond the date that the
    employee has chosen to terminate employment. Advanced sick leave
    shall not be granted to an employee who has applied for disability
    retirement beyond the amount expected to be earned through the
    period ending 8 weeks after submitting an application for disability
    retirement to the Office of Personnel Management through Human
    Capital Management.

> **Advanced sick leave requests are handled as follows:**

A.  Employee submits an OPM Form-71, supported by the required doctor\'s
    statement, giving the anticipated period of disability and type of
    illness. The doctor's statement must be administratively acceptable
    by the manager to support the reason for advanced sick leave.

B.  The first-level manager recommends approval or disapproval by
    signing the OPM Form-71 and submits the request to the second-level
    manager;

C.  The second-level manager is responsible for approving or denying the
    request and does so by signing the OPM Form 71 below the signature
    of the first-level manager. The Medical Program Manager in Human
    Capital Management may be consulted to determine whether or not the
    request meets the criteria for approval. If approved, a copy of the
    OPM Form 71 is the only documentation sent to Payroll; and the
    original is retained with the employee's timesheet.

D.  The original medical documentation should be forwarded to the
    Medical Program Manager in Human Capital Management for filing in
    the Employee Medical File (EMF).

E.  If there is any unused advanced sick leave when the employee returns
    to duty, the manager must inform the employee and Payroll that
    unused advanced sick leave has been canceled, unless the approved
    advanced leave was documented for a continuing medical condition. If
    an additional period of advanced sick leave is needed, the request
    is handled in the same manner as the initial request and is subject
    to the same conditions.

F.  Advanced sick leave must be repaid upon separation from Federal
    service, except in the event that the employee dies, retires for
    disability, or resigns or is separated because of a disability which
    prevents the employee's return to duty or continuation in Federal
    service and which is the basis for the separation as determined by
    BPA based on medical evidence.

G.  Employees are not entitled to have requests for advanced leave
    approved. Managers should contact the Employee Relations Staff for
    further guidance on disapproving requests for advanced sick leave.

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IX. **SUBSTITUTION OF SICK LEAVE FOR ANNUAL
    LEAVE**[]{#__RefHeading___Toc159132931 .anchor}

> When an employee is injured or becomes ill during a period covered by
> annual leave, sick leave may be substituted for the period of
> incapacitation or the employee may continue on annual leave. If sick
> leave is to be used in lieu of annual leave, the employee must provide
> appropriate documentation of his/her incapacitation.
>
> In general, sick leave cannot be substituted for annual leave when an
> employee, who is otherwise entitled to use sick leave, requests and is
> granted annual leave. However, if an employee retires or dies during
> the same year in which the annual leave is taken, he/she or a
> representative for the deceased may request and be granted
> substitution of sick leave for the annual leave within 30 days from
> date of death or prior to final processing of the retirement
> application. Requests for substitution of sick leave for annual leave
> under this circumstance are submitted to the Chief, Human Capital
> Officer, Human Capital Management, for compliance review and approval.

X.  **DISPOSITION OF SICK LEAVE UPON TRANSFER OR
    SEPARATION**[]{#__RefHeading___Toc159132932 .anchor}

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A.  If an employee is transferred to another agency, the employee\'s
    sick leave balance will be certified to the gaining agency.

B.  The unused sick leave of an employee covered by the Civil Service
    Retirement System (CSRS) who: (a) retires on an immediate annuity;
    or (b) who dies leaving a surviving spouse entitled to a survivor
    annuity, is used to increase the amount of service on which to base
    a retirement annuity. Each 8 hours of unused sick leave constitutes
    1 day of credit. This credit is converted to days, months, or years
    on the basis of a 260-day work year.

C.  The unused sick leave of an employee covered by the Federal
    Employees Retirement System (FERS) cannot be used to increase the
    amount of service on which to base a retirement or survivor annuity.

> Mary E. Zeiher
>
> Acting Chief Human Capital Officer