[Material Transmitted:]{.underline}

HHS Instruction 630-1, Leave and Excused Absence

[Material Superseded:]{.underline}

HHS Instruction 630-1 (all)

HHS Circular 630-14 (all)

HHS Circular 630-15 (all)

HHS Circular 630-16 (all)

[Background:]{.underline}

This Instruction has been revised consistent with recent changes in the
organization of HHS, and in support of HHS administrative initiatives
calling for more streamlined rules and. greater delegation of authority.

Under this issuance, the rules were streamlined by consolidating one
Instruction and three Circulars containing similar subject matter and
the delegation of authority was increased.

Any reference to \"OPDIV\" in this Instruction now includes AHCPR,
ATSDR, CDC , FDA , HRSA , IHS, NIH, SAMHSA , the Office of the
Secretary, the Program Support Center, HCFA, ACF, and AOA.

One policy change in this Instruction involves the use of restored
leave. Prior to the issuance of this Instruction, restored leave could
be used only after all accumulated annual leave was used. Now, employees
with a restored annual leave account may use their restored leave in any
order they may wish (see 630-1-40F.2.c.). In order to ensure that the
payroll system is ready to implement this change, this new provision
becomes effective on October 1, 1996. The rest of this issuance is
effective immediately.

Another policy change relates to Standard Form 71, Application for
Leave. The OPDIVs now have the option to either use this form or
prescribe other procedures for requesting leave (see 630-1-30A.1).

This issuance also includes guidance on new leave laws: the Family and
Medical Leave Act of 1993 which entitles covered Federal employees to
specific amounts of unpaid leave during any 12-month period for a
variety of purposes, and the Federal employees Family Friendly Leave Act
of 1994 which entitles covered employees to specific amounts of sick
leave each year to care for family members.

Implementation of this issuance must be carried out in accordance with
applicable laws, regulations, and bargaining agreements.

[Filing Instructions:]{.underline}

Remove superseded material and file new material. Post receipt of this
transmittal to the HHS Check List of Transmittals and file this
transmittal in sequential order after the check list.

> John J. Callahan
>
> Assistant Secretary for
>
> Management and Budget

INSTRUCTION 630-1

Distribution: MS (PEW): HRFC-00l

[HHS PERSONNEL INSTRUCTION 630-1]{.underline}

[LEAVE AND EXCUSED ABSENCE]{.underline}

630-1-00 Purpose

10 Coverage

20 References

30 General Provisions

40 Annual Leave

50 Sick Leave

60 Voluntary Transfer of Leave

70 Voluntary Leave Bank Program

80 Excused Absence

90 Court Leave

100 Military Leave

110 Transfer and Recredit of Leave Between the Civil Service and Other
Leave\
Systems

Exhibit 630-1-A, Delegation of Authority

630-1-00 PURPOSE

This Instruction states Department policies and requirements for the
administration of leave and excused absence.

630-1-10 COVERAGE

All Department employees are covered by this Instruction, except
individuals appointed by the President with the advice and consent of
the Senate and other employees excluded by 5 U.S. Code 6301.
Commissioned Corps officers are covered only as indicated in 630-1-110
below.

630-1-20 REFERENCES

A.  U.S. Code 5551 (law - lump-sum payment for accumulated and accrued
    leave on separation)

    U.S. Code, Chapter 63 (law - leave)

    U.S. Code 501(g) (law - lump-sum leave payments made to Commissioned
    Corps employees)

    CFR, Part 630 (regulations - absence and leave)

    HHS Personnel Instruction 550-11 (compensatory time off for
    religious observances)

    HHS Personnel Instruction 610-3 (temporary closing of work places)

    HHS Personnel Instruction 792-2 (employee assistance program)

    HHS Guide for Timekeepers

    HHS Travel Manual Chapter 1-40 (attendance at nongovernment
    sponsored meetings)

    General Accounting Office Civilian Personnel Law Manual, Title II
    (index and summaries of CG decisions concerning leave issues)

    Comptroller General Decision B-133674

    Comptroller General Decision B-241272

    Comptroller General Decision B-246359

    52 CG 66471

    60 CG 381

    61 CG 558

630-1-30 GENERAL PROVISIONS

A.  [Requesting and Charging Leave]{.underline}

    1.  Operating Divisions (OPDIVs) may prescribe the procedures for
        requesting leave. Employees may be required to use the Standard
        Form 71, but OPDIVs may prescribe other procedures, such as
        using a memorandum or in some situations, making the request
        verbally.

        The standard minimum charge for absence in pay status (leave)
        and for absence in nonpay status (leave without pay or absence
        without leave) is 1/4 hour, except where OPDIV heads, or their
        designees, have established a minimum leave charge of 1/2 hour
        or 1 hour.

        An employee must not be required to perform work during those
        periods of tardiness or unauthorized absence from duty for which
        the employee is charged with leave or absence without leave.

        Leave is not charged for holidays or officially established
        nonwork days, except in certain situations pertaining to leave
        without pay and absence without leave (see 630-1-30E below).

    [Mandatory Approval of Leave]{.underline}\
    \
    If an employee has followed the proper procedures for requesting
    leave and provides acceptable evidence:

    1.  The leave-approving official must grant an employee\'s request
        for sick leave, annual leave, or leave without pay (but is not
        required to grant a request for advance sick or annual leave) :

        a.  When an employee who is a disabled veteran presents an
            official statement from a medical authority that medical
            treatment is required in connection with the disability. The
            employee must give prior notice of the period during which
            absence for treatment will occur.

            When the employee has suffered an incapacitating job-related
            injury or illness, has exhausted any available continuation
            of pay, and is awaiting adjudication of a claim for
            employee\'s compensation by the Office of Workers\'
            Compensation Programs.

    [Uncommon Tours of Duty]{.underline}\
    \
    For employees who work uncommon tours of duty during a regularly
    scheduled administrative work week which is in excess of 40 hours in
    a calendar week, leave is charged for the number of hours of absence
    during the regularly scheduled tour, for example:

    1.  An employee whose regularly scheduled tour of duty is 10 hours a
        day is absent for 8 hours and works 2 hours. The employee is
        charged 8 hours leave.

        An employee whose regularly scheduled tour of duty is 44 hours a
        week is absent for a full week. The employee is charged 44 hours
        leave.

    [Leave Without Pay]{.underline}\
    \
    Leave without pay (LWOP) is approved leave for which the employee is
    not paid. Except for specified situations such as the Family and
    Medical Leave Act, employees do not have a right to LWOP. Management
    has the discretion to determine whether requests for LWOP will be
    approved. LWOP must not be granted when absence without leave (AWOL)
    is appropriate, see E below.

    [Absence Without Leave]{.underline}

    1.  AWOL is a nonpay status for any absence from duty not authorized
        by the proper leave-approving official.

        AWOL should be charged when an employee is absent without
        permission or has not notified his/her supervisor or provided
        satisfactory explanation or documentation for the absence from
        duty. An AWOL charge may be changed later to an appropriate type
        of leave if the leave-approving official determines that the
        employee has satisfactorily explained the absence or presented
        acceptable documentation.

    [Charges to AWOL or LWOP for Holidays\
    ]{.underline}\
    Legal holidays that occur during a period of AWOL or LWOP are
    charged to AWOL or LWOP as follows:

    1.  Employees who are in a nonpay status (AWOL or LWOP) immediately
        before and after a holiday are not entitled to pay for the
        holiday. They must be charged AWOL or LWOP, as appropriate, for
        the holiday. See CG Decision B-187520, February 22, 1977, and
        the HHS Guide for Timekeepers, Chapter 5, Section D.

        Employees who are in a nonpay status (AWOL or LWOP) before or
        after a holiday are not charged AWOL or LWOP for the holiday.
        They are entitled to pay for the holiday. It is presumed that
        the employee\" would have been available for work on the holiday
        unless the employee was in a nonpay status both before and after
        the-holiday. See 56 CG 393.

        Employees scheduled to be on LWOP during a Pay Period when a
        holiday occurs must not be returned to pay status (i.e., duty or
        paid leave) either the day before or the day after the holiday
        for the sole purpose of taking advantage of being paid for the
        holiday.

    [Repayment of Advance Leave by Employees Who Are
    Separating]{.underline}\
    \
    Employees separating from the Federal service must repay any annual
    or sick leave advanced and not earned at the time of separation,
    except that no repayment is necessary under any of the following
    conditions:

    1.  If the separation is because of entry into the military service
        with restoration rights. (However, if the employee exercises the
        restoration rights, the leave indebtedness will be recredited as
        an indebtedness.)

        If the separation is because of death or disability retirement.

        If the separation is based on a disability that prevents\" the
        employee from returning to duty or continuing in the service.

    [Family and Medical Leave Act]{.underline}

    1.  Under the Family and Medical Leave Act, employees are entitled
        to up to 12 weeks of LWOP for (a) the birth of a son or daughter
        and care of the newborn; (b) the placement of a child with the
        employee for adoption or foster care; (c) the care of a family
        member with a serious health condition; or (d) a serious health
        condition of the employee that makes the employee unable to
        perform the essential functions of his or her position. This is
        in addition to other leave which the employee may be entitled
        to.

        The Department has determined that for purposes of the Family
        and Medical Leave Act, the definition of family member is
        expanded to be the same as under the Voluntary Leave Transfer
        Program, see 630-1-60B.2.

630-1-40 ANNUAL LEAVE

A.  [Qualifying Period]{.underline}

    1.  An employee whose appointment is for 90 calendar days or longer
        earns and may be granted annual leave beginning with the first
        day of the first full pay period following appointment. If an
        appointment is for less than 90 days, the employee is not
        entitled to annual leave but may request leave without pay. (If
        an appointment of less than 90 days is extended or converted to
        another appointment of less than 90 days without a break in
        service of one work day, the employee will still not earn annual
        leave until the actual employment counted from the initial
        appointment equals 90 days. As soon as the employee has 90 days
        of employment, he/she earns annual leave retroactive to the
        initial appointment date.) If after an initial appointment of
        less than 90 days, the extension or conversion to another
        appointment was for 90 days or more, the employee earns annual
        leave retroactive to the date of the initial appointment.

        If an employee took leave without pay while under an appointment
        of less than 90 days and then earns annual leave retroactive to
        the initial date of the appointment as described in number 1
        above, he/she may not substitute annual leave for the leave
        without pay.

        If an employee is currently on an appointment of less than 90
        days \`and- has annual leave recredited from a lump-sum payment
        from previous Federal service, the employee may use the
        recredited annual leave during the current appointment.

    [Maximum Accumulation]{.underline}\
    \
    Employees can carry over to the next leave year a maximum of 30 days
    (240 hours) of accrued annual leave, (720 hours for members of the
    Senior Executive Service) . Leave earned in excess of these maximums
    is forfeited if not used by the end of the leave year. (Under
    special conditions, forfeited annual leave may be restored, as
    described in 630-1-40F below.)

    [Granting Annual Leave]{.underline}

    1.  The employee initiates a request for use of annual leave, and
        the request is acted upon by the leave-approving official.
        Leave-approving officials may, consistent with operational
        demands, prescribe when annual leave may be taken, refuse to
        grant annual leave, or revoke annual leave that has been granted
        and recall an employee to duty.

        For circumstances in which annual leave may be substituted for
        sick leave, see 630-1-50A.3 below.

        For circumstances in which sick leave may be substituted for
        annual leave, see 630-1-50A.2f below.

    [Advance Annual Leave]{.underline}\
    \
    Employees have no entitlement to advance annual leave. However,
    under very unusual circumstances, an employee may be granted advance
    annual leave up to the amount to be earned by the end of the
    appointment or the end of the current leave year, whichever is
    sooner. Annual leave must not be advanced when it is likely the
    employee will retire, be separated, or resign before the advanced
    leave will be earned.

    [Leave Indebtedness]{.underline}

    1.  An employee\'s annual leave account may be overdrawn at the end
        of the leave year through error or because the employee was
        advanced annual leave and then did not earn the expected amount
        because the employee was on leave without pay or was absent
        without leave. When an employee\'s account is overdrawn, the
        debit will be carried over and charged against annual leave
        earned in the following year, unless the employee elects to make
        a refund payment.

        An employee who is separated while indebted for advance annual
        leave must refund the amount due or have the amount owed
        deducted from any monies due to the employee. For exceptions,
        see 630-1-30F.

    Restoration of Annual Leave

    1.  Conditions

        a.  As a general rule, annual leave in excess of an employee\'s
            maximum carryover balance is forfeited if not used by the
            end of the leave year. This excess annual leave, sometimes
            called \"use or lose\" leave, may be considered for
            restoration only under one of the following conditions:\
            \
            (1) To correct an administrative error, when the error
            causes the\
            loss of annual leave.\
            \
            (2) When annual leave is scheduled in writing in advance but
            its use\
            is denied because of an exigency of the public business.\
            \
            (3) When use of scheduled annual leave is prevented by
            illness or\
            injury, provided the annual leave was scheduled in writing
            in\
            advance and its use could not be rescheduled between the\
            termination of the illness and the end of the leave year,
            either\
            because of an exigency or because the termination of the
            illness\
            occurred too late in the leave year to permit rescheduling.\
            \
            (4) OPM regulations require that \"use or lose\" annual
            leave must be\
            scheduled at least three pay periods prior to the end of the
            leave\
            year, and except as noted below, the Department has no\
            authority to waive this requirement.

            The leave-approving official must approve the employee\'s
            request \"in writing in advance\" for \"use or lose\" annual
            leave for use at the time requested by the employee or, if
            that is not possible, must reschedule it for use at some
            other mutually agreeable time before the end of the leave
            year.

            If an exigency arises which necessitates cancellation of the
            employee\'s \"use or lose\" annual leave, the situation must
            be presented to the official with authority to make an
            exigency determination.\
            \
            (1) That official must determine:

            0.  \(a\) Whether or not an exigency exists which is of
                such\
                importance that an employee cannot be released from\
                duty; and\
                \
                (b) Whether or not there is any reasonable alternative
                to the\
                cancellation of an employee\'s \"use or lose \" annual\
                leave, or to the assignment of that employee to the
                work\
                generated by the exigency.\
                \
                (2) The determination must be documented, and the
                specific\
                beginning and ending dates of the exigency must be
                fixed. The\
                determination of the exigency must be made before the\
                cancellation of the employee\'s scheduled leave and not
                after the\
                fact.

            If the requirements in b and c (2) above are not met (i.e.,
            the employee\'s request was submitted but not approved, or
            the exigency determination was not made before the
            employee\'s leave was canceled), this may be considered an
            administrative error and the forfeited annual leave may be
            considered for restoration (see 57 CG 325 and 58 CG 684).
            However, if the requirement in b above is not met (i.e., the
            employee did not request the leave in writing in advance),
            this [cannot]{.underline} be considered as an administrative
            error and the forfeited annual leave cannot be restored.
            (The only exception is for a prolonged illness preceding the
            end of a leave year, where the employee may be presumed to
            have requested proper scheduling of the annual leave.) (See
            CG Decision B-193431, dated August 8, 1979.)

            If an exigency or illness that caused cancellation of an
            employee's "use or lose" annual leave terminates before the
            end of the leave year, efforts must be made to reschedule
            the annual leave before the end of the leave year to avoid
            forfeiture.

        [Time Limit for Use of Restored Annual Leave \-- Extent for
        Extended Exigency]{.underline}

        a.  The maximum time limit for use of restored leave is the end
            of the leave year in which the 2-year anniversary date of
            restoration occurs. Leave which is not used by this deadline
            may not be restored again.

            The date of restoration is determined as follows:\
            \
            (1) The date the annual leave was restored in correcting an\
            administrative error; or\
            \
            (2) The date fixed by management as the end of the exigency
            that\
            resulted in the forfeiture of the annual leave; or\
            \
            (3) The date the supervisor, after considering the medical\
            documentation, ascertains that the employee is able to
            return\
            to duty, if the leave was forfeited because of sickness. ,.

            Employees with a restored annual leave account may use their
            regular annual leave and their restored leave in any order
            they may wish, but they must advise their leave-approving
            official and the timekeeper of their choice. Once an
            employee makes an election, he/she may not change it after
            the leave has been used.

        [Time Limit for Use of Restored Annual Leave \-- Extended
        Exigency]{.underline}

        a.  An extended exigency is defined as significant circumstances
            that meet all of the following conditions:\
            \
            (1) Threaten the national security, safety, or welfare;\
            \
            (2) Last more than 3 calendar years;\
            \
            (3) Affect a segment of an agency or occupational class;
            and\
            \
            (4) Preclude subsequent use of both restored and accrued
            annual\
            leave within the time limit specified in 630-1-40F.2 above.

            The maximum time limit for use of annual leave restored
            because of an extended exigency is two years for each
            calendar year, or part thereof, that the exigency existed,
            regardless of the number of years during the exigency in
            which the employee forfeited leave.

    [Lump-Sum Payment for Annual Leave]{.underline}\
    \
    An employee with accumulated annual leave, including unused restored
    leave in a separate account, who is separated is paid a lump-sum at
    his/her current hourly rate for all unused annual leave at the time
    of separation. If there is a general pay increase during the period
    of time which would have been covered by the leave had the employee
    actually used it, the employee is paid at the higher rate of pay for
    leave which would have covered the period following the effective
    date of the pay increase. The lump-sum payment may be adjusted to .
    collect the amount of any debts owed to the Government.

630-1-50 SICK LEAVE

A.  [Granting Sick Leave]{.underline}

    1.  A leave-approving official may grant sick leave to an employee
        for non-emergency dental, optical, or medical examination or
        treatment (including for physical or mental conditions) . The
        employee must request sick leave for non-emergency purposes in
        advance.

        If the employee has followed proper leave-requesting procedures
        and provides acceptable evidence, a leave-approving official
        must grant an employee\'s request for sick leave (but is not
        required to grant a request for advance sick leave) :

        a.  When the employee is incapacitated to perform duties due to
            illness (physical or mental), injury, or temporary
            disability, including pregnancy. An employee with a
            disability who depends on an aid, mechanical or otherwise,
            to perform work is normally incapacitated without the aid. A
            seeing-eye dog, a wheelchair, or any prosthetic device may
            be considered an extension of the person, and a grant of
            sick leave or such purposes as training, replacement, or
            repair s appropriate under the same conditions as any other

            incapacitation.

            For emergency medical, dental, or optical examination or
            treatment.

            Subject to the limitations in the Family Friendly Leave Act
            and OPM regulations, when an employee is required to care
            for a member of his/her immediate family. These limitations
            concern the amount of sick leave the employee may use.
            Full-time employees may use 104 hours in a year as long as
            their balance remains at 80. Sick leave may not be advanced
            to keep the balance at 80. Employees whose balance is less
            than 80 hours may use 40 hours. The limitations for
            part-time employees are proportional to those for full-time
            employees, see 5 CFR 630.401. The definition of family
            member is the same as under the Voluntary Leave Transfer
            Program, see 630-1-60B.2

            Sick leave may be used in connection with the adoption of a
            child, see 5 CFR 630.401.

            When the organization has made a determination that the
            employee is incapacitated and meets the requirements for
            disability retirement and OPM is processing the employee\'s
            retirement application.

            For treatment of a disabled veteran or adjudication of a
            claim concerning a job-related injury or illness, as
            described in 630-1-30B.1 above.

            When an employee is sick within a period of annual leave,
            provided that, immediately upon return to duty, the employee
            presents medical documentation to support the sick leave.

        An employee may request annual leave, if available, or leave
        without pay for a period of illness which cannot be covered by
        sick leave to an employee\'s credit, or advanced to the
        employee, and leave-approving officials may grant such requests.
        However, annual leave must not be substituted retroactively for
        regular sick leave. Annual leave may be substituted
        retroactively to liquidate an employee\'s indebtedness for
        advance sick leave.

        Leave-approving officials will usually charge sick leave only at
        an employee\'s request.

        a.  Officials may, however, place an employee on sick leave
            without the employee\'s request when the employee is absent
            under extenuating circumstances clearly indicating that
            he/she is unable to work and unable to request leave (e.g.,
            the employee is in a coma) . If the employee is still unable
            to work after exhausting his/her accrued sick leave and the
            employee is still unable to request appropriate leave, the
            leave-approving official may consider advancing sick leave
            or may consider charging the continued absence to annual
            leave or to leave without pay in such a situation. In
            addition, the official may pursue use of the Voluntary Leave
            Transfer Program on behalf of the employee.

            In extraordinary circumstances, leave-approving officials
            may also place an employee on sick leave without the
            employee\'s request if the employee reports for duty but is
            determined to be unable to work because of illness (mental
            or physical) . However, placing an employee on sick leave in
            this situation without his/her consent has been determined
            by the Merit Systems Protection Board to be a suspension,
            thus entitling the employee to notice and other due process
            protection.

    [Advance Sick Leave]{.underline}

    1.  An advance of sick leave may be made to an employee with a zero
        sick leave balance, if the employee has a serious disability or
        ailment, provided the total advance at no time exceeds 30 days
        and there is a reasonable expectation that the employee will
        return to duty. For an employee holding a limited appointment,
        sick leave must not be advanced in excess of the sick leave to
        be earned during the remaining period of employment. Sick leave
        must not be advanced when it is likely the employee will retire,
        be separated, or resign before the advance leave will be earned.
        Employees have no entitlement to advance sick leave.

        The employee\'s request for advance sick leave must be in
        writing and must be supported by medical documentation
        acceptable to the leave-approving official. Usually the
        disability or ailment will be of such seriousness as to require
        a period of absence of at least 5 consecutive work days, unless
        an absence for a shorter period is determined to be appropriate
        (for example, intermittent absences for cancer chemotherapy,
        kidney dialysis, etc.) .

        Advance sick leave may be granted regardless of whether the
        employee has annual leave to his/her credit. Any sick leave
        earned after the sick leave is advanced will be used to
        liquidate the advance sick leave.

        An employee separated while indebted for advance sick leave must
        refund the amount due or have the amount owed deducted from any
        monies due to the employee. For exceptions, see 630-1-30F.

        As an alternative to advance sick leave, the employee and the
        supervisor may consider the Voluntary Leave Transfer Program,
        leave without pay, or an adjustment from full-time to part-time
        employment during a period of recuperation, thus allowing the
        employee to work less than 8 hours daily until the employee is
        fully recovered. In considering such options, the supervisor and
        the employee should consult the servicing personnel office
        regarding the effects of LWOP and part-time employment on an
        employee\'s benefits, as well as possible employment ceiling
        implications in moving between full-time and part-time status.

    [Evidence to Sup port Sick Leave]{.underline}

    1.  Employees must submit evidence as required by their
        leave-approving officials to support approvals of sick leave.
        Officials have the discretion to require different forms of
        evidence depending upon the circumstances. For example, a
        leave-approving official:

        a.  May require medical documentation for extended absences,
            e.g. , over 3 consecutive work days (or for shorter periods
            when an employee has been advised that medical documentation
            will be required) . Medical documentation is defined as that
            which is signed by the employee\'s health care provider and
            is sufficiently specific for the leave-approving official to
            make a reasonable decision that the employee was
            incapacitated to perform the duties of his/her position.

            May require the employee\'s signature on the SF 71, a
            written statement signed by the employee, or other evidence
            which is administratively acceptable to the leave-approving
            official, when the period of absence is relatively short or
            the nature of the employee\'s illness did not require an
            appointment with a health care provider.

        Employees must submit required evidence within a reasonable
        amount of time after return to duty. Failure to do so is grounds
        for taking a disciplinary action for failure to follow proper
        leave procedures. If the employee is placed on AWOL, the Merit
        Systems Protection Board has ruled that if the employee later
        submits adequate documentation, the AWOL cannot stand and any
        disciplinary action based solely on AWOL would be overturned.
        However, an action based on failure to follow proper leave
        procedures could still be upheld.

        Leave-approving officials may require that employees submit
        medical documentation during a period of extended sickness. The
        purpose of such a requirement is to obtain information (e.g.,
        the health care provider\'s prognosis of when the employee will
        be able to return to work; what limitations, if any, the
        physician will temporarily place on the employee\'s activities;
        and, if so, what other work the employee could perform) which is
        necessary for planning work or for determining that the approval
        of continued leave is appropriate.

630-1-60 VOLUNTARY TRANSFER OF LEAVE

A.  [Purpose]{.underline}\
    \
    Under the Voluntary Leave Transfer Program (VLTP), unused accrued
    annual leave belonging to one employee may be transferred for use by
    another employee who has been determined to have a medical or family
    medical emergency and has been approved as a leave recipient.

    [Definitions]{.underline}

    1.  [Medical emergency]{.underline} means a medical condition of an
        employee or a family member that is likely to require an
        employee\'s absence from duty for a prolonged period of time and
        to result in a substantial loss of income to the employee (24
        hours for full-time employees) because of the unavailability of
        paid leave. (Absence from duty necessitated by pregnancy and
        child birth is an acceptable reason for requesting use of the
        VLTP.)

        [Family member]{.underline} means the following relatives of the
        employee: (a) spouse, and parents thereof; (b) children,
        including adopted children and spouses thereof; (c) parents; (d)
        brothers and sisters, and spouses thereof; and (e) any
        individual related by blood or affinity whose close association
        with the employee is the equivalent of a family relationship.

    [Applying to Become a Leave Recipient]{.underline}

    1.  Current employees affected by a medical or family medical
        emergency must apply in writing to become a leave recipient. In
        the event that an employee is not capable of making application
        on his or her own behalf, another employee in this Department,
        an employee\'s representative, or a family member may make the
        application.

        Each application for VLTP is to be initially submitted to the
        immediate supervisor of the potential leave recipient for
        consideration and must include:

        a.  The name, position title, and grade or pay level of the
            prospective leave recipient.

            A brief description of the nature, severity, and anticipated
            duration of the medical or family medical emergency
            affecting the applicant.

            A statement from a physician or other appropriate expert
            (e.g. , Christian Science Practitioner, chiropractor,
            psychologist, etc.) and any additional information, as
            appropriate, that shows the nature, severity, and duration
            of the medical or family medical emergency.

    [Retroactivity\
    \
    ]{.underline}Transferred annual leave may be substituted
    retroactively for a period of leave without pay (LWOP) or to
    liquidate advanced annual or sick leave granted to the approved
    leave recipient to cover absences during a medical or family medical
    emergency.

    [Processing Applications]{.underline}\
    \
    The actual approval or disapproval of an application must be based
    on the determination by designated officials as to whether the
    potential leave recipient\'s absence from duty without available
    paid leave because of the medical emergency is (or is expected to
    be) at least 24 hours. (In the case of a part-time employee or an
    employee with an uncommon tour of duty, the determination should be
    made on the basis of 30% of the average number of hours of work in
    the employee\'s biweekly scheduled tour of duty.) Such absence can
    be consecutive or intermittent hours during the leave year.

    [Leave Donations From Other Federal Agencies]{.underline}\
    \
    This Department will accept the transfer of annual leave from donors
    employed in other Federal agencies, and employees of this Department
    may donate annual leave to employees in other Federal agencies if
    other agencies will accept outside donations.

    [Using Transferred Leave]{.underline}

    1.  A recipient\'s annual and sick leave accrued and accumulated
        prior to the approval date of the recipient\'s application must
        be used [before]{.underline} any transferred annual leave. In
        situations involving care for a family member, the leave which
        must first be used would include sick leave . authorized by the
        Family Friendly Leave Act.

        Transferred annual leave may accumulate without regard to the
        limitations imposed by 5 U.S.C. 6304(a).

        Transferred leave may not be:

        a.  Transferred to another leave recipient.

            Included in a lump-sum payment.

            Made available for recredit upon reemployment by a Federal
            agency.

            Used after the recipient\'s medical or family medical
            emergency is terminated.

    [Accrual of Annual and Sick Leave]{.underline}

    1.  Once the employee is using the transferred leave, he/she
        continues to accrue annual and sick leave up to a maximum of 40
        hours in each category (or, in the case of a part-time employee
        or an employee with an uncommon tour of duty, the average number
        of hours of work in the employee\'s weekly scheduled tour of
        duty) , regardless of whether it is a family medical or personal
        medical emergency. Once 40 hours of each are accumulated in this
        separate account and the medical emergency still exists, this
        separate leave accumulation [stops.]{.underline}

        This annual and sick leave accrued by the employee while in
        transferred leave status must be kept in a
        [separate]{.underline} leave account from any leave account
        under 5 U.S.C. 6304 and 5 U.S.C. 6307 and must not be available
        for the employee\'s use until the first applicable pay period
        beginning after the date on which the employee\'s medical
        emergency [ends, extent that it may be used if the employee
        exhausts all donated leave]{.underline}.

        Any leave recipient who returns to work on a part-time schedule
        while still in a medical emergency situation (e.g., therapy,
        gradual return to work under doctor\'s orders, family member\'s
        therapy) will earn [regular]{.underline} annual and sick leave
        (5 U.S. Code 6304 and 6307). If in a given pay period, an
        employee uses some donated leave but also works and uses regular
        leave, all leave earned during that pay period is credited to
        the employee\'s regular leave account, not the separate account
        described in 2 above. If otherwise permitted, this accrued
        regular leave must be used before any donated leave.

        If an employee who is in a leave transfer status terminates
        his/her Federal service, these separate, 40-hour annual and sick
        leave accruals may not be credited to the employee for lump-sum
        leave purposes.

    [Donating Leave]{.underline}

    1.  Without a waiver, a leave donor may [not]{.underline} donate
        more than one-half of the amount of annual leave he/she would be
        entitled to accrue during the leave year in which the donation
        is made. This one-half limit applies whether the leave is
        donated all at one time or in increments at various times during
        the leave year. Waivers can be approved by leave-approving
        officials.

        Without a waiver, a leave donor who is projected to have annual
        leave that otherwise would be subject to forfeiture at the end
        of the leave year may [not]{.underline} donate more than the
        lesser of:

        a.  Half the amount of annual leave he/she would be entitled to
            accrue during the leave year in which the donation is made,
            [or]{.underline}

            The number of work hours remaining in the leave year (as of
            the date of the transfer) for which he/she is scheduled to
            work and receive pay.

        As indicated in the law and regulations, an employee cannot
        donate leave to his/her immediate supervisor.

    [Restoring Transferred Annual Leave\
    \
    ]{.underline}Upon termination of a medical or family medical
    emergency, unused leave donated to the recipient must be restored to
    the donor(s) account(s).

630-1-70 VOLUNTARY LEAVE BANK PROGRAM\
\
OPDIVs may elect to establish and administer a Voluntary Leave Bank
Program, consistent with the applicable law and Office of Personnel
Management regulations. A Voluntary Leave Bank Program enables employees
to contribute accrued or accumulated annual leave to a \"leave bank\".
The leave from this bank may be made available to an employee who
requires leave because of a medical emergency.

630-1-80 EXCUSED ABSENCE

A.  [Definition]{.underline}\
    \
    Excused absence is absence from duty administratively authorized
    without loss of pay and without charge to leave. The term
    \"administrative leave\" is sometimes used to refer to excused
    absence. Both the Merit Systems Protection Board and the Comptroller
    General have determined that it is inappropriate to grant long
    periods of excused absence for no other reason than to settle a case
    or to permit an employee to accumulate enough time to become
    eligible to retire.

    [Excused Absence Situations]{.underline}\
    \
    Situations where excused absence may be authorized include, but are
    not limited to, the following:

    1.  Attendance at administrative hearings.

        Bone marrow and organ/tissue donation and transplantation (5
        U.S. Code 6327 grants employees up to 7 days of excused absence
        for these purposes) .

        Blood donations.

        Holidays for part-time employees. Part-time employees are not
        entitled to (a) holidays designated by law or executive order
        or (b) days observed as holidays when the actual holiday falls
        on one of their nonwork days (see 26 Comptroller General 690,
        and 32 Comptroller General 378) . They are not entitled to an in
        lieu of holiday. For example, if Christmas falls on Saturday,
        the in lieu of holiday is Friday for most employees. A part-time
        employee is not entitled to the Friday as a holiday, even if
        he/she were scheduled to work on that day. However, in such a
        situation, the employee may be granted excused absence where,
        for example, the office is closed (see Comptroller General
        Decision B-210741, April 24, 1984).

        Medical Examinations and Treatments.

        a.  Examples are examination in connection with an application
            for disability retirement initiated by the Department, and
            examination or preventive treatment authorized under the
            Federal Employees\' Health Program.

            For an employee who suffers a disabling traumatic injury on
            the job, the employee\'s absence on the day of injury will
            be excused. Continuation of pay (C.O.P.) may be authorized
            for subsequent absences, examinations, or treatments related
            to a traumatic injury. When an employee has exhausted (or is
            not eligible for) the 45 days of C.O.P. and has returned to
            work, then LWOP, annual leave, or sick leave may be granted
            for injury-related examinations or treatment; the employee
            may then apply to the Office of Workers\' Compensation
            Programs for compensation or leave buy back for the period
            in question.

        Registration for military service.

        Participation in civil defense activities.

        Voting and registration.

        Inclement weather or closure of work place.

        Job interviews and other out-placement activities when it is
        determined that this is in the Department\'s interest.
        (Downsizing is the most common but not the only example where
        excused absence would be appropriate.)

        Participation in health and fitness activities. An official with
        delegated authority may approve excused absence for an employee
        to participate in health and fitness activities if the activity
        is officially sponsored and administered and for a specific,
        fixed duration. Examples are Federal Fitness Day Event,
        Department sponsored health screening, agency fitness center
        orientation, or a smoking cessation program.

    [Official Time]{.underline}

    1.  Official time is not excused absence, but there may be
        situations where an employee is authorized to use official time
        to perform activities other than his/her normal duties. The
        distinction can be very important because, for example, an
        employee injured while on excused absence may not be entitled to
        benefits under the Federal Employees\' Compensation Act (FECA),
        while an employee injured while on official time may be covered.
        Official time is included on the employee\'s Time and Attendance
        Report as normal hours of work and is not entered as
        administrative leave.

        Supervisors may authorize official time in situations such as
        the following:

        a.  For an employee serving as a labor organization
            representative, see 5 U.S.C. 7131 and applicable negotiated
            agreements.

            For an employee representing another employee in an appeal,
            discrimination complaint, or grievance.

            For an employee preparing a response to a notice of proposed
            adverse action.

            For an employee meeting with an equal employment opportunity
            counselor.

            For employees meeting with employee assistance staff for
            counseling.

            For an employee who has prevailed in a civil rights action
            against the Department, the employee\'s absence in
            connection with the action should be changed to official
            time (see 59 CG 290). A determination to treat such an
            absence as official time can be made only upon conclusion of
            the court action. While the court action is in process, the
            employee should request annual leave or leave without pay in
            accordance with 630-1-90D.3 below.

            For employees to participate in fitness activities in order
            to help them meet job-related medical standards or physical
            requirements.

630-1-90 COURT LEAVE

A.  [Definition.]{.underline}\
    \
    Court leave is authorized absence of an employee from official duty
    for attendance at court and other judicial proceedings, either as a
    juror or a witness in certain circumstances, without charge to other
    leave or loss of pay.

    [Granting of Court Leave]{.underline}

    1.  Court leave is granted to permanent and temporary employees,
        both full-time and part-time, for serving in a nonofficial
        capacity for:

        a.  Jury duty with a Federal, District of Columbia, State, or
            local court.

            Witness duty on behalf of a State or local government.

            Witness duty on behalf of a private party when the Federal
            or District of Columbia government, or a State or local
            government, is a party to the judicial proceeding.

        Intermittent employees may not be granted court leave.

        A night shift employee who is eligible for court leave and who
        is in court during the day is granted court leave for the night
        shift. The employee is entitled to the night shift differential.

        When an employee is required to serve on a jury or as a witness
        while on annual leave, the leave-approving official must
        substitute court leave if the employee is eligible. An employee
        who is on leave without pay when required to serve is not to be
        granted court leave.

        Court leave granted only for the days of an employee\'s
        scheduled tour of duty on which the employee performs court
        service, or for portions of such days.

    [Jury Duty]{.underline}

    1.  It is Department policy to request exemption of an employee from
        jury duty only in those rare cases where the employee\'s absence
        would seriously handicap the work of the Department. In such
        cases, the supervisor should prepare a written statement which
        clearly relates how the work of the Department would be
        adversely affected and request an exemption from the appropriate
        court authority. Employees may request exemptions for compelling
        personal reasons on their own initiative.

        When excused from jury duty for a day or a part of a day, an
        employee must return to work if dismissed early enough to return
        more than 2 hours before the tour of duty is over. The official
        authorized to grant court leave may continue the employee on
        court leave for the rest of the day in such cases only if the
        official determines that return to work would constitute a
        hardship for the employee.

    [Witness Duty]{.underline}

    1.  Attendance at a judicial proceeding as a witness in an official
        capacity is considered official duty and no leave of any kind is
        charged. Attendance at a judicial proceeding by an employee who
        is summoned by the court or authority, or assigned by the
        Department, to testify in a nonofficial capacity on behalf of
        the United States Government or that of the District of
        Columbia, is also considered official duty. Travel expenses for
        court attendance may be authorized in situations where the
        employee is considered to be performing official duty.

        Court leave may be granted to an employee who is testifying in a
        nonofficial capacity on behalf of a State or local government.

        Court leave may be granted to an employee who is testifying in a
        nonofficial capacity on behalf of a private party when the
        United States or District of Columbia Government or a State or
        local government is a party to the proceeding. (However, court
        leave is not to be granted to an employee who appears as a
        witness on his/her own behalf if such a suit is filed by that
        employee or if the employee is the defendant in the suit. For
        absences for this purpose, the employee may request annual leave
        or leave without pay.)

        An employee may request annual leave or leave without pay when
        the employee is testifying in a nonofficial capacity in a court
        suit between private individuals or companies (i.e., the United
        States or District of Columbia Government or a State or local
        government is not a party to the suit).

    [Procedures]{.underline}

    1.  An employee who is called for court service as either a witness
        or juror must present the court order, subpoena, or summons to
        the leave-approving official. Upon return to duty, the employee
        must submit to the leave-approving official written evidence,
        such as a marshal\'s statement, of court attendance.

        Fees received by an employee for jury or witness service for
        which court leave is granted or official duty is considered
        proper cannot be retained by the employee. The employee should
        accept such fees and submit them to the appropriate HHS finance
        office.

        a.  Fees may be retained if they are for service outside the
            regular tour of duty or on a non-workday or holiday. Fees
            may also be retained if they are for service as a
            nonofficial witness in a court suit between private
            individuals or companies, since the employee is not on court
            leave or official duty in such a situation.

            Not all monies received for jury or witness service are
            classified as fees. Some government entities provide
            \"expense money \" which is considered reimbursement for
            expenses incurred while serving as a juror or witness.
            Expense money received may be retained by the employee and
            need not be refunded to the Federal Government.

630-1-100 MILITARY LEAVE\
\
Military leave is the authorized absence of an employee from official
duty to perform active military duty, active duty for training, or law
enforcement. Military leave is not authorized for inactive duty training
(usually weekend drills) .

A.  [Eligibility\
    \
    ]{.underline}Full-time and part-time employees with permanent
    appointments are eligible for military leave. (Part-time employees
    must have scheduled tours of duty of 16 to 32 hours a week.)

    [TYPES OF MILITARY LEAVE]{.underline}

    1.  Full-time employees who are members of the National Guard or the
        Armed Forces Reserves are entitled to 15 [calendar]{.underline}
        days of [regular]{.underline} military leave in a
        [fiscal]{.underline} year for active duty or active duty for
        training. (See 5 U.S. Code 6323(a).)

        a.  For members of the National Guard, the active duty or
            training must be service for the Federal Government and not
            just for the State.

            For part-time employees, the leave is Prorated, by
            multiplying the scheduled number of hours in the employee\'s
            work week by 15 (the maximum number of days per year) and
            then dividing by 40 (the number of hours in a regular work
            week) . For example, an employee who works 32 hours a week
            is entitled to 12 days of regular military leave per year
            (i.e., 32 times 15 = 480, divided by 40 = 12).

        In addition, employees who are members of the National Guard or
        the Armed Forces Reserves are entitled to 22 [work
        days]{.underline} of [special]{.underline} military leave in a
        [calendar]{.underline} year for the purpose of providing
        military aid to enforce the law. (See 5 U.S. Code 6323(b).)

        Employees who are members of the National Guard of the District
        of Columbia (D.C.) are entitled to unlimited military leave for
        all days of parade or encampment. (See 5 U.S. Code 6323(c).)

    [Accumulating Military Leave]{.underline}

    1.  Employees who are entitled to regular military leave but who do
        not use the entire 15 calendar days (or prorated earnings, for
        part-timers) may carry over the unused portion from one fiscal
        year to the next. A maximum of 15 days can be carried over.

        Employees who are entitled to special military leave may not
        carry over any unused portion of the 22 work days to the next
        calendar year.

    [Charges for Military Leave]{.underline}

    1.  For those employees who are entitled to regular military leave,
        the leave is charged in increments of one day and includes
        nonwork days falling [within]{.underline} the period of absence
        on military duty. (See 52 CG 471.) The fact that more than one
        set of orders may be involved is not sufficient reason to
        consider a continuous period of absence as separate periods of
        military duty (see 61 CG 558). Nonwork days falling at the
        [beginning]{.underline} or [end]{.underline} of included in the
        period of military B-133674).

        Employees may use up to 30 days of military leave in any fiscal
        year. The military leave may be used during one or more periods
        of military duty during the fiscal year.

        Employees may take the full 15 days of military leave at the
        beginning of the fiscal year, even if the maximum of 30 days of
        military leave had been taken during the prior fiscal year and
        even if the military service is continuous. (See CG Decision
        B-241272.)

        For those employees who are entitled to special military leave,
        the leave is charged in the same increments as annual and sick
        leave.

        For those employees who are entitled to-unlimited military leave
        for parades and encampments, the military leave is charged in
        increments of one day. (See 60 CG 381.)

    [Crediting Military Pay Against Civilian Pay]{.underline}

    1.  For those employees who are entitled to regular military leave,
        the employee may retain the military pay as well as the civilian
        pay.

        For those employees who are entitled to special military leave,
        the employee\'s civilian pay is offset by the amount of the
        military pay. (See 5 U.S. Code 5519.)

        For those employees who are entitled to unlimited military leave
        for parades and encampments, the employee\'s civilian pay is
        offset by the amount of the military. (See 5 U.S. Code 5519.)

    [Documentation]{.underline}\
    \
    Employees called to military duty must furnish to their
    leave-approving official a copy of their military orders or a
    statement from their commanding officer.

630-1-110 TRANSFER AND RECREDIT OF LEAVE BETWEEN THE CIVIL\
SERVICE AND OTHER LEAVE SYSTEMS

A.  [Statutory Requirements]{.underline}

    1.  5 U.S.C. 6308 requires the transfer of leave between different
        leave systems when there is no break in service. This provision
        has been interpreted by the Comptroller General to include the
        Commissioned Corps leave system. (See 34 CG 287.)

        5 U.S.C. 6306 requires a refund and recredit of annual leave
        when an individual is reemployed in the same leave system or a
        different leave system before the end of the period covered by
        the lump-sum leave payments made to Commissioned Corps officers
        under 37 U.S.C. 501(g). (See CG Decision B-119016, dated July
        20, 1956.)

    [Break in Service]{.underline}\
    \
    A break in service means a break of:

    1.  [One or more calendar days]{.underline} when an individual
        leaves a position in which his/her leave account is maintained
        on the basis of a 7-day work week (e.g., Commissioned Corps
        leave system).

        [One or more work days]{.underline} (including holidays) when an
        individual leaves a position in which his/her leave account is
        maintained on a 5-day work week basis (e.g., civil service leave
        system) .

    [Transfer and Recredit of Annual Leave]{.underline} .

    1.  [Adjustment of Leave\
        \
        ]{.underline}When annual leave is transferred between different
        leave systems, 7 [calendar days]{.underline} of leave are
        considered equal to 5 [work days]{.underline} of leave. Thus ,
        employees appointed to the Commissioned Corps from a civil
        service position would have their leave augmented by
        seven-fifths, while an appointment to a civil service position
        from the Commissioned Corps would result in a reduction to
        five-sevenths of the officer\'s leave account.

        [Maximum Amount Transferred or Recredited]{.underline}

        a.  Officers or employees transferring between different leave
            systems without a break in service may transfer all annual
            leave to their credit at the time of transfer (see 48 CG
            212).

            Officers or employees who have a break in service and are
            reemployed under a different leave system before the end of
            the period covered by their lump-sum leave payment will be
            recredited with annual leave representing the unexpired
            portion of their lump-sum leave payment. Any leave to their
            credit which was not included in their lump-sum payment will
            not be recredited upon reemployment. Such leave was
            forfeited at the time of separation. (See 33 CG 85.) (Since
            Commissioned Corps officers can receive a lump-sum payment
            for a maximum of 60 days, they may be allowed to use-any
            leave above this amount before they separate from the Corps
            if they will have a break in service before being employed
            in the civil service.)

        [Leave Ceiling]{.underline}

        a.  The maximum carryover (or leave ceiling) for Commissioned
            Corps annual leave is 60 calendar days, as opposed to 30
            work days under the civil service leave system. This ceiling
            is the maximum amount of annual leave that can be carried
            forward from one leave year to the next and that can be paid
            to an officer as a lump-sum leave payment upon separation.
            For officers appointed to civil service positions, the
            amount of leave that can be carried forward from one leave
            year to the next will be the amount of leave credited to
            them at the time of their civil service appointment, except
            this cannot exceed 60 days of Commissioned Corps leave (342
            hours when converted). This amount will remain to their
            credit as accumulated leave until used. The use during any
            leave year of an amount in excess of the leave they accrue
            during the year will automatically reduce this maximum
            allowable accumulation until the accumulation no longer
            exceeds the maximum allowed for other employees under the
            civil service leave system.

            For example, if an officer transfers to the civil service in
            July with 75 days of Commissioned Corps annual leave (429
            hours when converted to civil service leave) , at the end of
            the leave year the employee can carry over a maximum of 342
            hours (which is the equivalent of 60 days of Commissioned
            Corps leave ) . The extra 87 hours transferred with the
            employee, plus the civil service leave earned since July,
            must be used by the end of the leave year, or they will be
            forfeited.

    [Transfer and Recredit of Sick Leave\
    \
    ]{.underline}Since the Commissioned Corps leave system does not
    provide an accumulation or accrual of sick leave, there will be no
    transfer of sick leave when an officer is appointed from the
    Commissioned Corps to a civil service position. When individuals are
    appointed to the Commissioned Corps from the civil service leave
    system and they have sick leave to their credit, no sick leave is
    transferred. (See 33 CG 85.) However, the sick leave will be
    recredited to the individuals if they return to the civil service
    leave system after separation from the Commissioned Corps.

    [Transfer of Leave From Other Leave Systems]{.underline}

    When an employee from another Federal agency with a different leave
    system transfers to a civil service position in this Department, the
    employee\'s leave should be transferred in accordance with 5 CFR,
    Part 630, Subpart E, and 48 CG 212. For example, a nurse in the
    Veterans Administration earns 8 hours of annual leave per pay period
    and may accumulate a maximum of 685 hours. If a nurse with an
    accumulation of 685 hours transfers to a civil service position in
    this Department, the 685 hours will constitute the employee\'s
    annual leave ceiling (rather than the normal 240 hours). When the
    nurse uses more leave than he/she accrues during a year, the leave
    balance at the end of the leave year becomes the employee\'s new
    maximum carryover (until it reaches the normal 240-hour carryover) .

DELEGATION OF AUTHORITY TO GRANT LEAVE, EXCUSE ABSENCE, AND

APPROVE THE RESTORATION OF ANNUAL LEAVE

[Authority Delegated]{.underline}

1\. I hereby delegate to the Heads of Operating Divisions (OPDIVs) and
Staff Divisions (STAFFDIVs) the authority to:

Grant annual and sick leave, and other types of paid leave authorized by
law or regulation;

Approve the advance of annual and sick leave to the extent permitted by
law regulation and Policy;

Determine an exigency exists that prevents employees from using annual
leave to avoid forfeiture, and approve the restoration of annual leave
(under the provisions of section 6304, Title 5, U.S. Code;

Approve leave without pay, or charge employees with absence without
leave; and

Excuse absence without charge to leave.

2\. These authorities may be redelegate with further redelegations
authorized.

[Prior Delegations]{.underline}\
\
This delegation supersedes all prior delegations. To the extent that
previous redelegations of authority covering the above subjects are
consistent with the provisions of this delegation, they may remain in
effect until new redelegations are made under the authority of this
delegation.

[Effective Date\
\
]{.underline}This delegation is effective on the date of this
transmittal.