**HOURS OF DUTY AND LEAVE**

**1. REASON FOR ISSUE:** To issue Department of Veterans Affairs (VA)
policy regarding hours of duty and leave.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This directive sets forth
policies previously contained in numerous other issuances. No
substantive changes have been made.

**3. RESPONSIBLE OFFICE:** The Human Resources Management Worklife and
Benefits Service (058), Office of the Deputy Assistant Secretary for
Human Resources and Labor Relations.

**4. RELATED HANDBOOK:** VA Handbook 5011, "Hours of Duty and Leave."

**5. RESCISSIONS:** Refer to the Transmittal Sheet for VA Directive
5001, "General Introduction and Administration."

**CERTIFIED BY: BY DIRECTION OF THE SECRETARY**

**OF VETERANS AFFAIRS:**

John A. Gauss Jacob Lozada, Ph.D.

Assistant Secretary for Assistant Secretary for Human

Information and Technology Resources and Administration

HOURS OF DUTY AND LEAVE

**1. PURPOSE.** This directive contains existing policy on the
establishment of duty schedules and on leave administration for
Department of Veterans Affairs (VA) personnel. It is applicable to
General Schedule employees (including title 38 hybrid employees
appointed to positions listed in 38 U.S.C. 7401(3)); Federal Wage System
employees; non-U.S. citizen employees employed outside the United
States; physicians, dentists, podiatrists, \[chiropractors,\]
optometrists, nurses, nurse anesthetists, physicians assistants, and
expanded-function dental auxiliaries appointed under 38 U.S.C., chapter
73 and 74; and non-physician/non-dentist program directors and other key
executives appointed under 38 U.S.C. 7306(a)(7) or (9). This directive
should be used in conjunction with VA Handbook 5011, which contains
mandatory guidance and procedures on hours of duty and leave
administration in VA.

**2. POLICY**

a\. The VA leave program for employees shall be administered fairly and
uniformly within the meaning of the provisions of this directive and VA
Handbook 5011.

b\. In scheduling hours and tours of duty for VA employees, primary
consideration will be given to efficiency in management and conduct of
an agency functions, and equitable treatment of individual employees.

c\. When tours of duty must necessarily vary from the normal tour,
employees will be given the opportunity of discussing their assignment
and of having their views or personal problems arising in connection
with such assignment considered. Tours of duty will not be changed
arbitrarily and insofar as possible, employees will be given notice of
any change in their work schedule at least one administrative workweek
in advance. Sympathetic consideration will be extended to employees who
have religious scruples against working on their Sabbath. If
practicable, mutually satisfactory exchange of duty assignments may be
worked out for such employees or substitute work-time may be provided to
offset the time required for religious observance. Insofar as possible,
work schedules should be arranged to permit employee\'s observance of
their Sabbath on whatever day it occurs.

d\. All employees are expected to be on duty during the full period of
their tours of duty unless absent on approved leave; to observe the
opening and closing hours established for the tour of duty; and to
adhere to established luncheon periods.

e\. In the establishment of work schedules, employees will have their
assignments scheduled in advance over periods of not less than one
administrative workweek and such schedules will be established in a
manner that realistically reflects the actual work requirement.

f\. The occurrence of holidays shall not affect the designation of the
basic workweek.

g\. Duty schedules for title 38 healthcare employees shall be
established as appropriate and necessary for performance of services in
the care and treatment of patients and other essential activities within
the administration of the Under Secretary for Health or designated
officials.

**3. RESPONSIBILITIES**

a\. Statements of responsibility for VA duty and leave administration
programs may be found in each of the separate parts or chapters of VA
Handbook 5011. In those instances where a specific statement of
responsibility has not been listed in a specific part or chapter of VA
Handbook 5011, the officials listed below have responsibility for making
duty and leave determinations.

b\. The Secretary, or designee, is the approving official for duty and
leave actions for employees occupying positions centralized to that
office, including flexible and compressed work schedules.

c\. The Under Secretary for Health by direction of the Secretary is
responsible for the direction and administration of the duty and leave
policies and instructions for title 38 employees.

d\. Administration Heads, Assistant Secretaries, Other Key Officials,
and Deputy Assistant Secretaries, or their designees, are responsible
for approving, disapproving or discontinuing duty and leave actions,
including flexible and compressed work schedules, for VA Central Office
employees in their organizations.

e\. Facility directors are responsible for approving, disapproving or
discontinuing duty and leave actions for employees under their
jurisdiction, including flexible and compressed work schedules.

f\. Supervisors are responsible for ensuring that sufficient numbers and
kinds of personnel are scheduled to be present to carry out operations
in an efficient and economical manner, including ensuring that there is
adequate coverage during public business hours. They must also ensure
that all employees are treated equitably.

g\. Employees are responsible for meeting their basic work requirements.

h\. The Deputy Assistant Secretary for Human Resources Management \[and
Labor Relations\] will advise management and operating officials on the
policies and procedures in this directive.

**4. REFERENCES**

a\. 38 U.S.C. 7421(a)

b\. 38 U.S.C., chapters 73 and 74.

c\. 5 U.S.C., chapters 51, 55, and 61.

d\. Executive Order 10358 as amended.

e\. 5 CFR, parts 550 and 610.

f\. Public Law 95-390

**HOURS OF DUTY AND LEAVE**

**1. REASON FOR ISSUE:** To issue Department of Veterans Affairs (VA)
procedures regarding hours of duty and leave.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This handbook sets forth
mandatory procedures previously contained in numerous other issuances.
No substantive changes have been made.

**3. RESPONSIBLE OFFICE:** The Human Resources Management Worklife and
Benefits Service (058), Office of the Deputy Assistant Secretary for
Human Resources and Labor Relations.

**4. RELATED DIRECTIVE:** VA Directive 5011, "Hours of Duty and Leave."

**5. RESCISSIONS:** Refer to the Transmittal Sheet for VA Handbook 5001,
"General Introduction and Administration."

**CERTIFIED BY: BY DIRECTION OF THE SECRETARY**

**OF VETERANS AFFAIRS:**

John A. Gauss Jacob Lozada, Ph.D.

Assistant Secretary for Assistant Secretary for Human

Information and Technology Resources and Administration

###### HOURS OF DUTY AND LEAVE

######## **CONTENTS**

[**PART I.**](#part-i.-general-provisions) **GENERAL PROVISIONS**

[**PART II.**](#part-ii.-hours-of-duty) **HOURS OF DUTY**

[**PART III.**](#part-iii.-leave) **LEAVE**

## **HOURS OF DUTY AND LEAVE**

###### PART I. GENERAL PROVISIONS

## **CONTENTS**

**PARAGRAPH PAGE**

1\. [PURPOSE](#PtIpara1) I-1

2\. [REFERENCES](#PtIpara2) I-1

3\. [DEFINITIONS](#PtIpara3) I-2

**HOURS OF DUTY AND LEAVE**

PART I. GENERAL PROVISIONS

**1.** []{#PtIpara1 .anchor}**PURPOSE.** This handbook contains
instructions and mandatory procedures for Department of Veterans Affairs
(VA) policy on the establishment of duty schedules and the
administration of leave systems within VA. It is applicable to most VA
employees, except for the following:

a\. Purchase and hire employees; however, they are subject to the
provisions of 5 U.S.C. 5544(a), relating to overtime.

b\. Veterans Canteen Service employees appointed under authority of 38
U.S.C. ch. 77; they are subject to leave provisions of 5 U.S.C. ch. 63,
but their leave policies are published in VCS-1, \"Veterans Canteen
Service Operating Procedures.\"

c\. Hospital administration residents are excluded by the provisions of
5 U.S.C. 6101(a)(1) and 5541(2)(v).

d\. Employees for whom no regular tour of duty has been established for
each administrative workweek are not covered by any leave system.

e\. Persons employed on an intermittent basis, per annum fee basis, or
lump-sum fee basis, under authority of 38 U.S.C. 7405 are paid for
actual service rendered and therefore their duty schedules shall be
determined by procedural requirements issued by the Under Secretary for
Health. Such employees are not entitled to leave benefits.

**2.** []{#PtIpara2 .anchor}**REFERENCES**

a\. 5 U.S.C. chs. 51, 55, 61, and 63.

b\. 38 U.S.C. chs. 73 and 74.

c\. 38 U.S.C. \[501(a), 512(a), and\] 7421.

d\. Executive Order 10358, as amended.

e\. 5 CFR parts 61 and 63.

f\. VA Handbook\[s 5005 and\] 5007.

g\. MP-4, part II and VHA Supplement, MP-4, part II.

h\. VA Manual M-8, Parts II, III and IV.

**3.** []{#PtIpara3 .anchor}**DEFINITIONS**

a\. **Accrued Leave.** The leave earned by an employee during the
current leave year that is unused at any given time in that leave year.

b\. **Accumulated Leave.** The unused leave remaining to the credit of
an employee at the beginning of a leave year.

c\. **Administrative Workweek.** The calendar week, Sunday through
Saturday.

d\. **Alternate Work Schedules for Registered Nurses.**

\(1\) **36/40 Work Schedule.** Three regularly scheduled 12-hour tours
of duty within an administrative workweek that is considered for all
purposes to be a full 40 hour basic workweek.

\(2\) **9-Month Work Schedule.** Nine months part-time with three months
off duty within a fiscal year, paid at 75 percent of the full-time rate
for such nurse's grade and step each bi-weekly pay period of the fiscal
year.

\(3\) **Baylor Plan.** Two regularly scheduled 12-hour tours of duty
contained entirely within the first and last day of the administrative
workweek (Sunday and Saturday).

e\. **Basic Workweek**

\(1\) For full-time employees (other than physicians, dentists,
podiatrists, chiropractors, optometrists, nurses, nurse anesthetists,
physician assistants (PAs) and expanded-function dental auxiliaries
(EFDAs) appointed under 38 U.S.C. Chapters 73 or 74), basic workweek is
the 40 hour workweek established in accordance with 5 CFR 610.111 and
Part II, Chapter 2 of this handbook.

\(2\) Full-time physicians, dentists, podiatrists, chiropractors, and
optometrists to whom the provisions of Part II, Chapter 3 of this
handbook apply shall be continuously subject to call unless officially
excused by proper authority. This requirement as to availability exists
24 hours per day, 7 days per week.

\(3\) For full-time nurses, nurse anesthetists, PAs and EFDAs, basic
workweek means a 40 hour workweek established in accordance with the
provisions of Part II, Chapter 3 of this handbook. A 36/40 Work Schedule
and the Baylor Plan (24-hour) basic workweek is established in
accordance with the provisions of Part II, Chapter 3 of this handbook is
applicable only to full-time nurses and nurse anesthetists. Employees
under the 9-Month Work Schedule are considered part-time employees,
except for purposes of health insurance per 38 U.S.C. 7456A(d)(4).

f\. **General Leave Terms.** In administrating 5 U.S.C. ch. 63, VA will
observe the definitions in 5 CFR 630.201.

g\. \[**Intermittent Employment.** This term refers to the employment of
an individual under the provisions of 38 U.S.C. 7405 (a)(1)(A) on an
intermittent basis\].

h\. \[**Irregular or Occasional Overtime Work.** Overtime work that is
not regularly scheduled\].

i\. \[**Leave Year.** A leave year begins on the first day of the first
full biweekly pay period in a calendar year and ends the day before the
first full biweekly pay period in the following calendar year\].

j\. \[**Overtime Work and Overtime.** Definitions are the same as the
definitions in 5 CFR 550.103(i) and

550.111 for General Schedule (GS) employees and non-U.S. citizen
employees overseas. Overtime for title 38 employees is discussed in VA
Handbook 5007, part V, chapter 2\].

k\. \[**Part-Time Employee.** An employee who performs a regular tour of
duty on less than a full-time basis. Such an employee may be required to
perform duty on an unscheduled basis in addition to the regularly
scheduled tour of duty. Part-time physicians appointed under 38 U.S.C.
7405(a)(1)(A) may also be placed on Adjustable Work Hours ([see Part II,
Appendix I)\].]{.mark}

l\. \[**Regular Overtime Work.** Any work qualifying as o\]vertime work
that is regularly scheduled in advance of the administrative workweek in
which it occurs.

m\. **Regularly Scheduled Administrative Workweek.** For full-time
employees (other than physicians, dentists, podiatrists, chiropractors,
optometrists, nurses, nurse anesthetists, PAs and EFDAs appointed under
38 U.S.C. chs. 73 or 74), means the period within an administrative
workweek, established in accordance with 5 CFR 610.111 and part II,
chapter 3 of this handbook, within which these employees are required to
be on duty regularly. For part-time employees (other than those
appointed under 38 U.S.C. chs. 73 or 74), it means the officially
prescribed days and hours within an administrative workweek during which
these employees are required to be on duty regularly.\]

**NOTE:** *Section 6102, title 5, United States Code, requires that the
regular hours of work for wage employees be established at not more than
8 per day or 40 per week, but work in excess of such hours shall be
permitted when administratively determined to be in the public interest.
Work in excess of 8 hours per day, or 40 hours per week, constitutes
overtime work for General Schedule and wage employees (5 U.S.C. 5542 and
5543).*

\[n. **VA Work.** For guidance on determining whether the activities of
VHA health care professionals constitute VA work, see chapter 3,
paragraph 2g, of this part.\]

## 

## **HOURS OF DUTY AND LEAVE**

###### PART II. HOURS OF DUTY

## **CONTENTS**

**PARAGRAPH PAGE**

**[CHAPTER 1](#PtIICh1). GENERAL**

1\. [PURPOSE](#PtIICh1para1) II-1

2\. [WORK SCHEDULES](#PtIICh1para2) II-1

[**CHAPTER 2.**](#PtIICh2) **ESTABLISHMENT OF WORKWEEKS, TOURS OF DUTY,
AND WORK SCHEDULES FOR EMPLOYEES IN TITLE 5 POSITIONS (APPOINTED UNDER 5
U.S.C., CHAPTER 51)**

1\. [BASIC WORKWEEK AND WORK SCHEDULES](#PtIICh2para1) II-3

2\. [WORK SCHEDULE INFORMATION](#PtIICh2para2) II-5

3\. [OVERTIME](#PtIICh2para3) II-5

4\. [LUNCH PERIOD](#PtIICh2para4) II-7

5\. [HOLIDAYS](#PtIICh2para5) II-8

6\. [TEMPORARY CLOSING OF OFFICES](#PtIICh2para6) II-10

7\. [DAYLIGHT-SAVINGS TIME](#PtIICh2para7) II-10

8\. [LIMITATION ON TOURS FOR MINORS](#PtIICh2para8) II-10

9\. [EMPLOYEES PARTICIPATING IN DISASTER AND CIVIL DEFENSE
PROGRAMS](#PtIICh2para9) II-10

10\. [DRESS-UP TIME/WEARING OF UNIFORMS](#PtIICh2para10) II-10

11\. [ALTERNATIVE WORK SCHEDULES (FLEXIBLE AND COMPRESSED\
WORK
SCHEDULES)](#alternative-work-schedules-flexible-and-compressed-work-schedules)
II-11

[**CHAPTER 3.**](#PtIICh3) **ESTABLISHMENT OF WORKWEEKS, TOURS OF DUTY,
AND WORK SCHEDULES FOR EMPLOYEES APPOINTED TO TITLE 38 POSITIONS**

1\. [SCOPE](#PtIICh3para1) II-25

2\. [BASIC WORKWEEK AND OFFICIAL DUTY](#PtIICh3para2) II-25

3\. [HOLIDAYS](#PtIICh3para3) II-30

4\. [ADJUSTABLE WORK HOURS FOR PART-TIME PHYSICIANS](#PtIICh3para4)
II-31

5\. [FLEXIBLE AND COMPRESSED WORK SCHEDULE FOR EMPLOYEES\
IN TITLE 38 POSITIONS](#PtIICh3para5) II-31

\[6. [ALTERNATE WORK SCHEDULES FOR REGISTERED NURSES](#PtIICh3para6)
II-39\]

## **CONTENTS**

**PARAGRAPH PAGE**

[**CHAPTER 4.**](#PtIICh4) **ALTERNATIVE WORKPLACE ARRANGE**M**ENTS
(FLEXIPLACE)**

1\. [PURPOSE](#PtIICh4para1) II-41

2\. [POLICIES AND PROCEDURES](#PtIICh4Para2) II-41

3\. [RESPONSIBILITIES](#PtIICh4para3) II-42

4\. [REFERENCES](#PtIICh4para4) II-43

5\. [DEFINITIONS](#PtIICh4para5) II-43

6\. [TELEWORK CRITERIA](#PtIICh4Para6) II-44

7\. [EVALUATION](#PtIICh4para7) II-50

8\. [TERMINATION](#PtIICh4para8) II-50

**APPENDICES**

II-A. [SAMPLE ALTERNATIVE WORKPLACE TELEWORK AGREEMENT](#PtIIAppB)
II-A-1

II-B. [TELEWORK PROPOSAL - VA FORM 0740a](#PtIIAppB) II-B-1

II-C. [TELEWORK SELF-CERTIFICATION SAFETY CHECKLIST WORK-AT-HOME
-](#PtIIAppC)

[VA FORM
0740b](#PtIIAppC)........................................................................\....................II-C-1

\[II-D. [SAMPLE REQUEST FORM FOR ALTERNATE SCHEDULES -- VA FORM
0870a](#PtIIAppD) II-D-1

II-E. [SAMPLE NOTICE ON THE 9-MONTH WORK SCHEDULE REGARDING
THE](#PtIIAppE)

[IMPACT ON BENEFITS AND OTHER CONDITIONS OF EMPLOYMENT](#PtIIAppE)

[(NEW EMPLOYEE)](#PtIIAppE) II-E-1

II-F. [SAMPLE NOTICE ON 9-MONTH WORK SCHEDULE REGARDING THE
IMPACT](#PtIIAppF)

[ON BENEFITS, PROBATIONARY STATUS AND OTHER CONDITIONS OF](#PtIIAppF)

[EMPLOYMENT -- CONVERSION FROM FULL-TIME TO
PART-TIME/CURRENT](#PtIIAppF)

[PART-TIME TO 9-MONTH WORK SCHEDULE](#PtIIAppF) II-F-1

II-G. [SAMPLE CONSENT FORM FOR APPOINTMENT TO A 9-MONTH/3-MONTH
OFF](#PtIIAppG)

[ALTERNATE WORK SCHEDULE AGREEMENT -- VA FORM 0870b](#PtIIAppG) II-G-1

II-H. [SAMPLE CERTIFICATION OF COMPLIANCES WITH PROVISIONS OF
THE](#PtIIAppH)

[DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PERSONNEL](#PtIIAppH)

[ENHANCEMENT ACT OF 2004 -- VA FORM 0870c](#PtIIAppH) II-H-1\]

\[II-I. [PRESCHEDULED PART-TIME TOURS AND THE UTILIZATION OF\
ADJUSTABLE WORK HOURS (TITLE 38)](#PtIIAppI) II-I-1

II-J. [MEMORANDUM OF SERVICE LEVEL EXPECTATIONS FOR
PART-TIME](#appendix-j.-memorandum-of-service-level-expectations-for)

[PHYSICIANS ON ADJUSTABLE WORK
HOURS](#appendix-j.-memorandum-of-service-level-expectations-for) II-J-1

II-K. [WORKSHEET FOR DETERMINING PERCENTAGES ON MEMORANDUM
OF](#PtIIAppK)

[SERVICE LEVEL](#PtIIAppK) II-K-1\]

######## 

**PART II. HOURS OF DUTY**

[]{#PtIICh1 .anchor}**CHAPTER 1. GENERAL**

**1.** []{#PtIICh1para1 .anchor}**PURPOSE.** This part contains
Department of Veterans Affairs (VA) mandatory procedures on the
establishment of duty schedules for employees in title 5 and title 38
positions.

[]{#PtIICh1para2 .anchor}**2. WORK SCHEDULES**

a\. In scheduling hours and tours of duty for VA employees, primary
consideration will be given to efficiency in management and conduct of
agency functions, and equitable treatment of individual employees. Work
schedules will be established in a manner that realistically reflects
the actual work requirement.

b\. In Veterans Health Administration (VHA), the proper care and
treatment of patients shall be the primary consideration in scheduling
tours of duty under these instructions. Duty schedules shall be
established as appropriate and necessary for performance of services in
the care and treatment of patients and other essential activities within
the administrative discretion of the Under Secretary for Health or
designated officials. This includes authorizing flexible and compressed
work schedules for title 38 health care employees outside VA Central
Office (VACO).

c\. Overtime for nurses, nurse anesthetists, PAs and EFDAs shall be used
only under conditions wherein necessary functions cannot be performed
through planned coverage during their regular basic workweek.
Supervisory personnel must obtain proper authorization for overtime
before permitting or requiring the performance of overtime service by an
employee. See VA Directive 4100 concerning the procedures for the use of
the Enhanced Time and Attendance System (ETA) for the authorization of
overtime. Administration heads, or their designees, are authorized to
order and approve overtime for employees under their jurisdiction.

d\. The occurrence of holidays shall not affect the designation of the
basic workweek.

[]{#PtIICh2 .anchor}**CHAPTER 2. ESTABLISHMENT OF WORKWEEKS, TOURS OF
DUTY,**

**AND WORK SCHEDULES FOR EMPLOYEES IN TITLE 5 POSITIONS**

**(APPOINTED UNDER 5 U.S.C., CHAPTER 51)**

[]{#PtIICh2para1 .anchor}**1. BASIC WORKWEEK AND WORK SCHEDULES**

a\. **Basic Workweek**

\(1\) Within each administrative workweek, the \"basic workweek\" for
full-time employees shall be 40 hours in length. The normal tour of duty
within the 40-hour basic workweek shall consist of five 8-hour days,
exclusive of the luncheon period, Monday through Friday. Except for
unusual circumstances, as provided below, the working hours in each day
in the basic workweek shall be the same. Directors of field facilities
are authorized to fix the hours of duty constituting the normal tours of
duty within the 40-hour basic workweek. Employees will have their
assignments scheduled in advance over periods of not less than one
administrative workweek.

\(2\) Other tours of duty constituting the 40-hour basic workweek may be
established when adherence to the normal tour is administratively
impracticable, will handicap operations, or result in substantially
increased costs. Under such conditions, directors of field facilities
may schedule the 40-hour basic workweek to include Saturday and Sunday.
However, the basic workweek may not extend over more than 6 days in the
administrative workweek. Deviations from the normal tour of duty within
a facility will be kept to a minimum and generally will be authorized
only for certain groups of employees in those cases where the service is
required on a continuing, around-the-clock basis, or must be performed
outside the normal tour of duty of the facility. Where facilities and
equipment are to be utilized during more than an 8-hour day for maximum
efficiency, employees shall be assigned on a shift basis, when
appropriate. The head of each VACO office or field facility may (within
his or her responsible area) prescribe further restrictions or
conditions appropriate to scheduling of such tours of duty for specific
categories of employees. Administration Heads and top staff officials
are authorized to approve tours of duty which are other than the normal
for Central Office personnel under their jurisdiction, with the
concurrence of the Deputy Assistant Secretary for Human Resources
Management \[and Labor Relations\].

\(3\) When tours of duty must necessarily vary from the normal tour,
employees will be given the opportunity of discussing their assignment
and of having their views or personal problems arising in connection
with such assignment considered. Tours of duty will not be changed
arbitrarily, and insofar as possible, employees will be given notice of
any change in their work schedule at least one administrative workweek
in advance. Sympathetic consideration will be extended to employees who
have religious scruples against working on their Sabbath. If
practicable, mutually satisfactory exchange of duty assignments may be
worked out for such employees, or substitute work time may be provided
to offset the time required for religious observance. Insofar as
possible, work schedules should be arranged to permit employees'
observance of their Sabbath on whatever day it occurs.

\(4\) Notwithstanding other provisions of this chapter, special tours of
duty (of not less than 40 hours) may be established for General Schedule
employees to take courses in nearby educational institutions as outlined
in 5 CFR 610.122. Approving officials for these special tours of duty
will be the same as indicated in paragraph 1a(2), above. An employee may
not receive premium pay solely because the special tour of duty causes
the employee to work on a day or at a time of day for which premium pay
would otherwise be payable. Accordingly, the approving official or
designee will make a determination of entitlement or non-entitlement to
premium pay. The payroll office and unit timekeeper will be informed of
this determination. Payroll offices should maintain appropriate records
to assure accurate data for any required reports.

\(5\) Notwithstanding other provisions of this chapter, deviations from
the normal tour of duty may be established when strict adherence to the
normal tour of duty would cause undue hardship or restrict employment,
placement, or advancement opportunities for seriously disabled veterans
and other seriously disabled individuals. Before a special tour of duty
may be authorized under this subparagraph, all factors should be
considered, such as: the nature and extent of an individual\'s
disability; the extent to which a disabling condition precludes
adherence to a normal tour; the needs, desires and abilities of the
individual who would be affected; and, management considerations such as
essential staffing requirements and organizational needs. In no case,
however, will a special tour of duty be authorized against the wishes of
an individual.

\(6\) Where more than one tour of duty exists for any category of
employees in an organizational segment, employees affected shall be
afforded the opportunity of rotation. Periodic rotation on an impartial
and reasonable basis is encouraged so that all employees concerned will
share in assignments between the less desirable and more desirable tours
of duty.

\(7\) All employees are expected to be on duty during the full period of
their tours of duty unless absent on approved leave; to observe the
opening and closing hours established for the tour of duty; and to
adhere to established luncheon periods.

\(8\) Except where the functions of specific employees, such as
chaplains, may be seriously disabled, breaks in working hours of more
than 1 hour will not be scheduled in any basic workday.

b\. **Tours of Duty Including Standby Time.** VACO office directors and
field facility directors, or designees, are authorized to establish
regularly scheduled administrative workweeks for employees in
non-patient care General Schedule positions requiring standby duty
meeting the conditions set forth in 5 CFR 550.143. This authorization
applies to two types of duty tours, which include standby duty. These
are: (1) the situation in which an employee has a basic workweek
requiring full-time performance of actual work and is required, in
addition, to perform standby duty on certain nights, or to perform
standby duty on certain days not included in the basic workweek; and (2)
the situation requiring a longer than 40-hour tour of duty in which a
substantial part of the entire tour of duty, at least 25 percent, is
spent in a standby status which occurs throughout the entire tour. All
tours of duty involving standby status shall be clearly delineated, as
appropriate, as to the total hours of duty, the number of hours of
actual work required, the number of hours of standby required, the
specific hours of duty scheduled, and, where applicable, the hours
constituting the basic workweek of 40 hours. The length of the regularly
scheduled administrative workweek in these cases is the total number of
regularly scheduled hours of duty within each administrative workweek.

c\. **Periodic Review of Schedules.** Duty schedules should be reviewed
periodically to ensure that they meet the needs of the service
efficiently with due consideration being given to employee needs.
Particular attention should be given to tours of duty which include
standby time or regular overtime.

d\. **Labor Relations.** Management should meet its local labor
relations responsibilities when implementing policies under this
chapter.

**NOTE:** *The establishment of workweeks in accordance with the
provisions of 5 CFR 610.111(b) is not authorized within VA.*

**2.** []{#PtIICh2para2 .anchor}**WORK SCHEDULE INFORMATION.** Approved
tours of duty, by Time and Leave Unit, are available electronically to
all employees from the Payroll Office.

**3.** []{#PtIICh2para3 .anchor}**OVERTIME**

a\. **General.** Overtime work means each hour of work in excess of 40
hours in an administrative workweek or in excess of 8 hours in a day,
whichever is the greater number of overtime hours. Excluded are
employees on compressed work schedules or the Baylor Plan (see paragraph
11 of this chapter and VA Handbook 5007). Overtime is considered an
expedient to be used only under conditions wherein necessary operations
cannot be performed through planned coverage by on-duty personnel during
their regular non-overtime basic workweek. Supervisory personnel must
obtain proper authorization for overtime before permitting or requiring
the performance of overtime work by an employee. Administration heads
and other top officials are authorized to prescribe, in their
responsible areas, such limitations as are necessary to provide control
and prevent abuse of the use of overtime. Each responsible official must
assure that the rights of employees to compensation for overtime
services are observed. Each responsible official shall also adhere to a
policy of authorizing only such overtime as can be readily demonstrated
as wholly supported from the standpoint of emergency and/or efficiency
in carrying out his/her responsibilities, and with due regard to cost
and the availability of current funds. (See also part III of this
handbook regarding use of annual leave in proximity to overtime.) Any
overtime duty required of employees should be equitably distributed
consistent with the needs of the office. However, overtime duty should
not be required of employees when it will impair their health or
efficiency or cause extreme hardship to them.

**NOTE:** *See VA Directive 4100 regarding procedures for use of VA Form
1098, Request for and Authorization of Overtime Work (if not utilizing
the Enhanced Time and Attendance (ETA) program).*

b\. **Regular Scheduled Overtime.** A regularly scheduled administrative
workweek consisting of a period of overtime work, either as a part of or
in addition to the 40-hour basic workweek, may be established by
administration heads or staff office heads, or their designees, for
their respective personnel within Central Office, and by field facility
heads. When a National Cemetery is involved, the Director of the
appropriate National Cemetery Area Office will make this determination.
If the regular overtime work is not expected to recur over an extended
period of time (at least 2 consecutive administrative workweeks), it may
be authorized by the officials listed above. For purposes of leave and
overtime pay administration, the authorization shall specify for such
employee(s), by calendar days and number of hours a day, the overtime
periods included in the regularly scheduled administrative workweek.
Compensatory time off in lieu of premium pay may not be granted for such
overtime work. (See definition of \"regular overtime work\" in part I,
paragraph (3)(i).)

c\. **Irregular or Occasional Overtime**

\(1\) **Authorizing Officials.** Except as indicated in paragraph
3c(3)(b)[3]{.underline}, below, staff office heads, administration
heads, facility directors, or their designees, are authorized to order
and approve irregular or occasional overtime.

\(2\) **Callback Overtime.** Any unscheduled overtime work performed by
an employee who is called back to work on an off-duty day, or on a
regular workday after completion of a regular schedule of work and has
left the place of employment, will be considered to be at least 2 hours
in duration and should be so credited. Further, the employee shall be
credited with a minimum of 2 hours of overtime for each time called
back, notwithstanding the fact that the second or subsequent returns may
be required before the expiration of 2 hours from the time the employee
previously reported for duty (35 Comp. Gen. 448, 37 Comp. Gen. 1, 45
Comp. Gen. 53).

##  (3) **Compensatory Time Off for Irregular or Occasional Overtime**

\(a\) **Granting Compensatory Time Off in Lieu of Payment.**
Compensatory time off in lieu of payment for irregular or occasional
overtime may be granted within the provisions of subparagraphs (b) and
(c), below, to General Schedule, Wage Grade and title 38 employees and
non-U.S. citizen employees overseas.

[1]{.underline}. An official authorized to approve overtime work may, at
the request of an eligible employee, grant such employee compensatory
time off from the scheduled tour of duty in lieu of overtime pay. The
amount of compensatory time off will be equal to the amount of time
spent in the irregular or occasional overtime work.

[2]{.underline}. In the absence of a specific request by the employee
for compensatory time off in lieu of payment, an employee who is covered
by the Fair Labor Standards Act (FLSA), or an employee who is not
covered by FLSA and whose basic rate of compensation is not in excess of
the maximum rate provided for GS-10 of the General Schedule, must be
paid for the overtime services rendered.

[3]{.underline}. In the case of an employee, who is not covered by FLSA,
whose rate of basic compensation is in excess of the maximum rate for
GS-10, the official authorized to approve overtime work may, at his own
discretion, provide for compensatory time off in lieu of overtime pay.
Such determination shall take into account all pertinent factors,
including the employee's views. If, after consideration of all factors,
paid overtime is indicated, prior approval will be requested from the
facility director, or designee. No such approval will be in effect for
more than 3 months without a specific re-determination. An employee for
whom compensatory time off is directed should be so notified at the time
the overtime duty is ordered.

\(b\) **Time Limits on Compensatory Time**

[1]{.underline}. Compensatory time off should be taken as soon as
possible after it is earned, but not later than the end of the
\[26^th^\] pay period following the pay period in which it is earned.
Compensatory time off may be taken only during the employee\'s basic
workweek.

[2]{.underline}. For employees covered by the FLSA, compensatory time
off not taken within the time limit prescribed above must be paid at the
overtime rate. For employees not covered by the FLSA, compensatory time
off not taken within the time limit prescribed above because of the
exigencies of the service will be paid at the overtime rate. If
compensatory time is not taken within this period because of personal
reasons not due to the exigencies of service, the right to compensatory
time off or overtime pay for the duty performed is lost.

[3]{.underline}. In cases of inter-facility transfers, compensatory time
off must be taken or paid for prior to the effective date of the
transfer. Under no circumstances will an obligation for compensatory
time off be transferred to the receiving facility.

[4]{.underline}. The date of separation stated in an employee\'s advance
notice of separation due to reduction in force may be administratively
extended so as to include any compensatory time due. However, where, due
to reasons beyond the control of the employee, compensatory time off is
not taken prior to separation and no extension of the separation date is
granted, overtime compensation is payable in lieu of the compensatory
time off (26 Comp. Gen. 750).

d\. **Limitation on Overtime Pay.** 5 U.S.C. 5547 provides that premium
compensation is not payable where it results in an aggregate rate which
exceeds the rate of basic compensation provided for grade GS-15, step
10. An employee who is prohibited by that aggregate compensation
limitation from receiving overtime compensation may not receive
compensatory time off in lieu of such prohibited compensation (26 Comp.
Gen. 750).

[]{#PtIICh2para4 .anchor}**4. LUNCH PERIOD**

a\. Normally, during each 8-hour tour, employees will be allowed a
specific period of time off to eat a meal. A meal period during which
employees are regularly and totally excused from their official duties
may not be considered as an official duty period for which compensation
is payable. When a meal period is set aside, the length of the tour or
workday will be extended by the length of the non-work period.

b\. In some types of situations, however, it may not be administratively
practicable to allow a specified period of time off for a meal. For
example, when around-the-clock shifts are employed, the scheduling of
meal periods would require overlapping of shifts and the vacating of
official duties by employees in a work situation requiring constant
service and function. In another instance, the job situation may be such
as to require the constant attention and skill of specific employees,
and a suitable relief that would permit reasonable continuity of
function is not available. In these types of cases, it is proper to
schedule shifts without a meal period. Although under such unusual
circumstances, employees may not be excused from their official duties,
they may be permitted to eat on the job when it is possible to do so
without stopping or

interrupting the work assignment and responsibility. Such exceptional
tours of duty shall be carefully examined as to justification by the
approving official, and fully documented.

**5.** []{#PtIICh2para5 .anchor}**HOLIDAYS**

a\. **General.** It is VA policy to excuse from duty on legal holidays
(and non-workdays designated by Federal Statute or Executive Order) all
employees except those required to maintain the usual essential
services. Employees who are notified to appear for duty on legal
holidays and fail to report for work will be, in the absence of
satisfactory explanation or justification, determined to be AWOL
(absence without leave) and will lose pay for the day. However,
notwithstanding the preceding provisions of this subparagraph, full-time
nurses and nurse anesthetists on the Baylor Plan shall not be entitled
to holidays.

b\. **Identification and Determination of Legal Holidays**

\(1\) For identification and determination of legal holidays, see 5
U.S.C. 6103 and 6104, and Executive Orders 10358 (as amended by E.O.
11226 and 11272) and 10552.

\(2\) For purposes of section 4(b) of Executive Order 10358, the
employee\'s first full day off in the calendar week will be considered
the day off in lieu of Sunday.

\(3\) For purposes of 5 U.S.C. 6103(b)(2), the employee\'s second day
off in the calendar week will be considered the day off in lieu of
Saturday.

\(4\) All other holidays shall be observed on the day they occur.
Part-time employees who are excused from duty on a holiday are entitled
to their regular pay for that day.

\(5\) An in-lieu non-workday may be granted to full-time non-physician
facility directors, physicians, dentists, podiatrists,
\[chiropractors,\] and optometrists, for work performed on a holiday or
the day observed as a holiday, provided the full-time employee's
services can be spared without detriment to patient care. Such in-lieu
day, if authorized, must be taken within 90 days by the full-time
employee concerned. Full-time employees who are assigned to work on
holidays and whose absences were not authorized will be reported as
being on unauthorized absence and will lose pay for that day.

**NOTE:** *An in-lieu non-workday shall not be authorized for a nurse,
nurse anesthetist, PA or EFDA who works on a holiday or the day
designated as a holiday.*

c\. **Religious Holidays.** While there is no official observance of
religious holidays, except those which may also be legal holidays, it is
the policy of VA to permit, insofar as practicable, absence from work
for those employees who desire to observe religious holidays. Absence of
employees on religious holidays will be charged to annual leave, if they
have annual leave to their credit, otherwise to LWOP. Employees may,
under provisions of 5 U.S.C. 5550a, and applicable regulations, elect to
work compensatory overtime for the purpose of taking time off without
charge to leave when their personal religious beliefs require that they
abstain from work during certain periods of the workday or workweek,
thereby avoiding an annual leave or leave without pay charge.

d\. **State and Local Holidays.** Except as provided below for non-U.S.
citizen employees overseas, State and local holidays will not be
observed by the mere fact of their occurrence and such days will be
treated as regular workdays if they fall within an employee\'s basic
workweek. Absence on such days will be charged to leave. Directors may
close facilities on State or local holidays only if it is determined
that Federal work may not be properly performed. In determining when
Federal work may not be properly performed, employees of the office must
be actually prevented from working by one of the following
circumstances:

\(1\) The building or office in which the employees work is physically
closed; or building services essential to proper performance of work are
not operating.

\(2\) Local transportation services are discontinued or interrupted to
the point where employees are prevented from reporting to their work
location.

\(3\) The duties of the employees consist largely or entirely of dealing
directly with employees and officials of business or industrial
establishments or local government offices, and all such establishments
are closed in observance of the holiday, and there are no other duties
(consistent with their normal duties) to which the employees can be
assigned on the holiday. When such determination is made, the records of
the facility shall be fully documented to reflect the basis and
justification for the action. When the office is thus closed, such days
are not chargeable to annual leave. The directors of the Manila Regional
Office and the VA Office for Europe are authorized to excuse non-U.S.
citizen employees from duty on legal holidays of the country therein
without charge to leave. Employees (including non-U.S. citizen
employees) required to work on a State or local holiday, however, are
not entitled to premium compensation or to compensatory time off.

e\. **Holiday Benefits in Connection with Absence in Non-pay Status**

\(1\) Employees (except full-time nurses and nurse anesthetists on the
Baylor Plan) are entitled to payment for the holiday if they are absent
in a non-pay status (including LWOP or AWOL) on the day immediately
following the holiday, provided they were in a pay status (duty or
leave) the day preceding the holiday, and provided the holiday was not
included within the period of non-pay status. If the holiday was
included within the period of non-pay status, payment for the holiday
will not be made. Wherever possible, periods of LWOP should not be
scheduled so as to begin or end on a holiday.

\(2\) Employees (except full-time nurses and nurse anesthetists on the
Baylor Plan) in a non-pay status (including LWOP or AWOL) the day
preceding the holiday will receive payment for the holiday, provided
they are in a pay status (duty or leave) the next regularly scheduled
workday immediately following the holiday, and provided the holiday was
not included within the period of non-pay status.

\(3\) The provisions of subparagraphs e(1) and (2) \[ \] also apply to
in-lieu days granted to full-time non-physician facility directors,
physicians, dentists, podiatrists, \[chiropractors,\] and optometrists.

**6.** []{#PtIICh2para6 .anchor}**TEMPORARY CLOSING OF OFFICES.** Under
some circumstances, it may be necessary to temporarily suspend or reduce
operations at a facility because of flood, fire, or a similar \"Act of
God\" or for emergency repairs. Directors are authorized to temporarily
close an activity under their jurisdiction when required by those
circumstances. For information concerning determination of authorized
absence or leave status for employees in such cases, refer to part III,
chapter 1, paragraph 12u(8) of this handbook. A report of such emergency
closing should be made as soon as practicable to the appropriate
Administration in Central Office.

[]{#PtIICh2para7 .anchor}**7. DAYLIGHT-SAVINGS TIME**

a\. VA will observe daylight-savings time in those localities where it
is in effect. Employees working on a tour when daylight-saving time goes
into effect, and whose tour of duty is thereby shortened 1 hour, will be
charged 1 hour of leave for the hour lost (26 Comp. Gen. 921).

b\. Employees working on a tour when standard time goes into effect will
be credited with the number of hours they are actually on duty (26 Comp.
Gen. 921).

**8.** []{#PtIICh2para8 .anchor}**LIMITATIONS ON TOURS FOR MINORS.**
State and municipal labor laws generally prescribe special limitations
on arrangement of tours of duty for minors. Although these laws are not
binding upon VA, all VA installations should comply with them insofar as
practicable.

**9.** []{#PtIICh2para9 .anchor}**EMPLOYEES PARTICIPATING IN DISASTER
AND CIVIL DEFENSE PROGRAMS.** In the case of employees who are assigned
to participate in VA disaster and civil defense programs or in civil
defense pre-emergency training programs and test exercises conducted by
any State or political subdivision thereof, the tours of duty of such
employees will, insofar as practicable, be so adjusted that they do not
exceed the basic workweek or regularly scheduled administrative
workweek. Executive Order 10529, dated April 22, 1954, restricts the
period of official time that may be authorized for any such assignment
of an employee to not to exceed a total of 40 working hours during a
calendar year.

[]{#PtIICh2para10 .anchor}**10. DRESS-UP TIME/WEARING OF UNIFORMS**

a\. In consideration of local circumstances and needs, field facility
heads may (1) permit employees to wear uniforms to and from work or (2)
require that uniforms be changed at the facility. The practice adopted
should take into consideration the views of employees, the adequacy and
location of locker facilities, recommendations of local Infection
Committees, and the effect on replacement cost of uniforms. A
facility\'s policy concerning the exercise of this discretionary
authority shall be clearly set forth in local issuances.

b\. When employees are permitted to wear their uniforms to and from
work, no time will be set aside within the employees' scheduled tours of
duty nor will any additional time be added to the employees' scheduled
tours, for the purpose of changing into or out of uniform.

c\. When employees are not permitted to wear uniforms to and from work,
the following provisions shall apply:

\(1\) Except as indicated, the employees shall be granted a reasonable
amount of time within their tours of duty to change into or out of
uniform. In situations involving successive shifts requiring continuity
of service and exchange of information and instructions between
employees, overlapping hours of duty shall be provided to the extent
feasible so as to facilitate apportionment of time for purposes of
changing into or out of uniforms within the prescribed tour of duty. In
all such cases, tours of duty shall be so established as to assure that
all full-time employees will be scheduled for a 40-hour basic workweek
each calendar week.

\(2\) If administrative necessity requires the changing into and out of
uniform outside the employees\' tours of duty, adequate additional time
shall be officially scheduled for the employees before and after their
regular tours of duty for such purpose. These scheduled periods of time
shall be compensated under regulations pertinent to overtime pay, when
appropriate.

d\. As a convenience for employees permitted to wear their uniforms to
and from work, facilities should be made available for those who prefer
to change at the facility.

# 

# 11. ALTERNATIVE WORK SCHEDULES (FLEXIBLE AND COMPRESSED WORK SCHEDULES)

a\. **General.** This chapter implements Department of Veterans Affairs
(VA) policies and procedures concerning flexible and compressed work
schedules. It applies to employees under the General Schedule, members
of the Senior Executive Service (SES), non-U.S. citizen employees
outside the United States, and unless excepted under subparagraph b(2),
employees compensated under the Federal Wage System and employees
appointed under "hybrid" 38 United States Code (U.S.C.) 7401(3) and 7405
(a)(1)(B) appointments, such as physical therapists and registered
respiratory therapists, nurses, nurse anesthetists, physician assistants
and expanded-function dental auxiliaries. This paragraph does not apply
to:

\(1\) Veterans Health Administration employees appointed under chapter
73 or chapter 74, title 38, U.S.C., except as noted in the preceding
subparagraph.

**NOTE:** *VA policies on flexible and compressed schedules for nurses,
nurse anesthetists, physician assistants and expanded function dental
auxiliaries are contained in chapter 3 of this part. VA policies on
compressed schedules for physicians, dentists, podiatrists,
chiropractors, and optometrists, as well as the \[Chief Nursing
Officer\] who is appointed under 38 U.S.C. 7306, are also contained in
chapter 3, this part.*

\(2\) Veterans Canteen Service employees appointed under 38 U.S.C. ch.
78.

\(3\) Purchase and hire employees appointed under Schedule A, 5 CFR part
213.

\(4\) Employees compensated under the Executive Schedule (5 U.S.C. ch.
53).

b\. **References**

\(1\) 5 U.S.C. 6120\--6133.

\(2\) 5 CFR 610.401\--610.407.

\(3\) 38 U.S.C. 7421(a) and 7423(a)

\(4\) Managing Time -- Alternative Work Schedule Options/A Guide for
Supervisors

c\. **Definitions**

\(1\) **Administrative Workweek.** A period of 7 consecutive calendar
days, which coincide with the calendar week, Sunday through Saturday.

\(2\) **Alternative Work Schedule.** A work schedule that is other than
the traditional work schedule (8 hours per day/40 hours per week with
fixed starting and quitting times), which consists of either a flexible
work schedule or compressed work schedule.

\(3\) **Basic Work Requirement.** The number of hours during a biweekly
pay period, excluding overtime hours, which an employee is required to
work or is required to account for by leave or otherwise.

\(4\) **Biweekly Pay Period.** The pay period covering two
administrative workweeks authorized under 5 U.S.C. 5504.

\(5\) **Compressed Schedule**

\(a\) In the case of a full-time employee, an 80-hour biweekly basic
work requirement which is scheduled for less than 10 workdays.

\(b\) In the case of a part-time employee, a biweekly basic work
requirement of less than 80 hours which is scheduled for less than 10
workdays.

\(6\) **Core Time Band.** Those designated hours and days during the
biweekly pay period when an employee on a flexible schedule must be
present for work.

\(7\) **Credit Hours.** Those hours within a flexible schedule that an
employee elects to work in excess of the basic work requirement so as to
vary the length of a workday or workweek (not applicable to SES
employees).

\(8\) **Flexible Time Band.** That part of the schedule of working hours
during which, under procedures contained herein, employees may choose
their time of arrival and departure from the worksite, within limits
consistent with the duties and responsibilities of their position.

\(9\) **Flexitime.** A system of work scheduling which splits the
workday into two distinct kinds of time: Core time and Flexible time.

\(10\) **Flexitour.** A type of flexitime where an employee, having
selected starting and stopping times within the flexible time band,
continues to adhere to these times. Employees may request different
starting and stopping times. Such tours, and changes to such tours,
however, must be approved by the employee\'s supervisor and documented
in accordance with the procedures in this paragraph.

\(11\) **Gliding Flexitour.** A type of flexitime in which a full-time
employee has a basic work requirement of 8 hours in each day and 40
hours in each week, may select an arrival time each day, and may change
that arrival time daily as long as it is within the flexible hour band
established by the supervisor.

\(12\) **Modified Flexitour.** Another type of flexitime where the
employee selects a starting time within the established flexible time
band which establishes the employee's assigned schedule; however, in
this case the employee is given 15 minutes of flexibility on either side
of the selected arrival time. The actual time of arrival becomes the
employee\'s starting time for that day. For example, an employee
selecting 7:30 a.m. as a starting time under the modified flexitour may
report for work anytime between 7:15 a.m. and 7:45 a.m. If an employee
arrives for duty at 7:20 a.m., this becomes the employee\'s starting
time for that day. Assuming a half-hour lunch period and an 8-hour tour
of duty, the departure time would be 3:50 p.m. If the same employee
reports at 7:05 a.m., his or her starting time would not begin until
7:15 a.m. The same employee arriving for work at 7:50 a.m. is 5 minutes
tardy. Under the modified flexitour, the starting time and changes in
the starting time must be approved by the supervisor and documented in
accordance with the procedures in this chapter.

\(13\) **Overtime Work**

\(a\) For the purposes of flexitime, all hours of work in excess of 8
hours in a day or 40 hours in a week which are officially ordered and
approved.

\(b\) For the purposes of compressed work schedules:

[1]{.underline}. For full-time employees, the term overtime hours refers
to officially ordered or approved hours of work \[performed in excess
of\] the employee\'s basic work requirement.

[2]{.underline}. For part-time employees, overtime hours are those hours
of work \[performed in excess of the basic work requirement for a day
(but must be in excess of 8 hours) or for a week (but must be in excess
of 40 hours)\].

\(14\) **Tour of Duty.** Under a flexible work schedule, the limits set
by the authorizing official within which employees must complete their
basic work requirement. Under a fixed schedule, such as a compressed
work schedule, an employee's tour of duty is synonymous with the
employee's basic work requirement.

\(15\) Work Unit. An organizational entity located in one place with a
specific mission and with homogeneous procedures or technology headed by
a supervisor or manager authorized to certify a group of employees' time
and attendance.

d\. **Planning Flexible and Compressed Work Schedules.** Flexible and
compressed work schedules require careful advance planning and good
employee communication. The possible positive and negative effects of
flexible and compressed schedules must be explored. If affected
employees are in an exclusive unit of recognition, the employee
involvement will be provided by, or coordinated with, their exclusively
recognized labor organization. An analysis of the work requirements in
the work unit and an evaluation of the potential impact of flexible and
compressed work schedules on the functions of the work unit should be
made. This should include special attention to the following:

\(1\) **Workload Characteristics**

\(a\) Tasks which must be performed within a specific period or
according to a predetermined schedule;

\(b\) How much workflow can be adjusted to accommodate a system of
flexible or compressed work schedules;

\(c\) The coordination required between work units and functions, as
well as employee scheduling;

\(d\) The period of daily or weekly peak workloads where all or most of
the employees in the work unit must be present;

\(e\) The employee coverage required during public service hours; and

\(f\) The effect of such schedules on efficiency and productivity.

\(2\) **Other Considerations**

\(a\) Work unit costs (additional staff, premium pay, space and
equipment), potential increased heating and cooling costs, impact on
employee commuting, operation of the cafeteria and employee health unit,
potential increased rent or standard level user charges, increased
security, cleaning, and maintenance service expenses;

\(b\) Effects on recruitment and retention, opportunities for full and
part-time employment, and opportunities for women and disabled
individuals;

\(c\) Method and extent of training required to acquaint employees and
supervisors with changes in their responsibilities;

\(d\) Potential adverse impact on morale of employees who, for
operational reasons, may not be placed on flexible or compressed work
schedules, or the adverse impact on employees not desiring such
placement;

\(e\) Impact of extending the hours during which employees may work
thereby requiring more management control for both preparing and
certifying time and attendance reports; and

\(f\) Ability of employees to work independent of supervision.

e\. **Responsibilities**

\(1\) The Secretary or designee is the approving official for flexible
and compressed work schedules for employees occupying positions
centralized to that office.

\(2\) Administration Heads, Assistant Secretaries, Other Key Officials,
and Deputy Assistant Secretaries are responsible for approving,
disapproving, or discontinuing flexible and compressed work schedules
for VA Central Office employees in their organizations.

\(3\) Facility directors are responsible for approving or discontinuing
flexible and compressed work schedules for employees under their
jurisdiction.

\(4\) The Deputy Assistant Secretary for Human Resources Management
\[and Labor Relations\] will advise management and operating officials
on the policies and procedures in this part.

\(5\) Supervisors are responsible for assuring that sufficient numbers
and kinds of personnel are scheduled to be present to carry out
operations in an efficient and economical manner. They must also ensure
adequate coverage during public business hours and that participating
employees are treated equitably.

\(6\) Employees on flexible or compressed work schedules are responsible
for fulfilling their obligation to account for a full day\'s work. Abuse
of flexible or compressed work schedules may result in restrictions on
the employee\'s starting and stopping times, discontinuing the flexible
or compressed work schedules under subparagraph g(7)(b) and/or
appropriate disciplinary action.

f\. **Flexitime**

\(1\) **General Requirements**

\(a\) The establishment of flexible tours of duty is limited to the
flexitour, modified flexitour, and gliding flexitour, as defined in
paragraph 11c above.

\(b\) Core time bands shall be determined by the authorized official;
however, they should be the same for employees in the same work unit
performing similar tasks and for employees in different work units
performing interrelated tasks. The appropriate official may authorize
deviations from approved core time bands for individual employees in
unusual cases.

\(c\) The approving official, or designee, may determine the numbers and
kinds of employees on duty during the core hours of any given day.
Further, to assure essential services are provided outside core hours,

the approving official, or designee, may restrict the employee\'s choice
of arrival and departure time if participation in flexible schedules
proves disruptive or otherwise impedes efficient operations.

\(d\) A flexible work schedule under this paragraph and a compressed
workweek under subparagraph g may not be simultaneously established in
the same work unit.

\(e\) The modified flexitour will not be used in combination with
standby tours of duty or on-call duty.

\(f\) Flexible schedules will not be established if they will result in
payment of night differential to an employee, or group of employees, who
would not normally perform night work.

\(g\) If it is found that a flexible schedule has had or would have an
adverse impact (see subparagraph g(7)(b)), the approving official shall
not establish, or shall discontinue, it.

\(2\) **Credit Hours** (not applicable to SES employees)

\(a\) Credit hours may be earned at the option of employees with
supervisory approval.

\(b\) Employees do not receive overtime pay for credit hours and, unlike
overtime, credit hours are not ordered in advance by management.
Employees on flexible work schedules may work them to shorten the length
of another workday or workweek. However, they may be used only after
approval by the appropriate approving official.

\(c\) Full-time employees may carry over no more than 24 credit hours
into the next pay period (part-time employees may carry over no more
than 25 percent of the hours in their biweekly basic work requirement).
\[ \]

\(d\) When an employee ceases to work in a work unit where credit hours
may be earned, the employee will be given the following options:

[1]{.underline}. Sufficient advance notice to use earned credit hours
prior to leaving the work unit;

[2]{.underline}. Compensation for the earned credit hours at the
employee's current rate of basic pay; or

[3]{.underline}. Transfer of the earned credit hours to the new work
unit, if credit hours have been authorized for that work unit.

\(e\) If compensated for credit hours, a full-time employee will be paid
for not more than 24 credit hours. A part-time employee will be paid for
not more than 25 percent of the hours in the employee's basic work
requirement. Credit hours will not be transferred between facilities.

\(3\) **Time and Attendance Records**

\(a\) The arrival and departure times will be recorded for each
employee, including supervisors, in any work unit using flexible work
schedules. A Time and Attendance Report (VA Form 5631 or an electronic
time and attendance system authorized for use in VA) must be used as the
official means to record, certify, and report employees\' time and
attendance, including the accumulation and use of credit hours, if
applicable.

\(b\) When the employee's work schedule is the same as that of the
timekeeper's or supervisor's, no documentation, other than the Time and
Attendance Report or electronic system, will be used to record employee
attendance. When the employee's work schedule varies from that of the
supervisor, some other method must be used to provide reasonable
assurance of employee attendance, e.g., (a) observation by another
supervisor; (b) occasional telephone calls to the employee when the
employee is scheduled to be on-duty; or (c) determining reasonableness
of work output for time spent.

\(c\) Sign-in/sign-out sheets, including VA Form 5283, Weekly Attendance
Record (Flexitime) will not be used to document employee attendance. In
rare situations, such as to record the attendance of employees with
attendance problems, alternative methods may be used to document
attendance. These may include logging on to a computer terminal,
reporting in to a supervisor on duty, or a personal log maintained by
the employee. Alternate reporting requirements should be limited to
specific time periods and designated in writing.

\(d\) Supervisors may determine which available method works best for
their unit.

\(4\) **Computation of Premium Pay for Employees on Flexible Schedules**
(not applicable to SES)

\(a\) **Overtime and Compensatory Time Off in Lieu of Overtime Premium
Pay**

[1]{.underline}. **Overtime Hours.** Subparagraph c(13) contains a
definition of overtime hours for employees on flexible schedules.
Employees on flexible and compressed work schedules are eligible for
callback overtime.

[2]{.underline}. **Compensatory Time Off in Lieu of Overtime Pay**

[a]{.underline}. Except as provided in subparagraph [b]{.underline}
below, appropriate officials, or their designees, may, at the request of
a GS or Federal Wage System (FWS) employee on a flexible schedule under
this paragraph, grant compensatory time off in lieu of overtime pay,
whether such overtime hours are regularly scheduled or irregular or
occasional in nature. If the employee does not request compensatory time
off in lieu of overtime pay, or if the employee\'s request for
compensatory time off in lieu of overtime pay is not granted, the
employee shall be compensated for such overtime under the applicable
statutory provisions.

[b]{.underline}. For GS employees on a flexible schedule under this
paragraph who have a rate of basic pay in excess of the maximum rate for
GS-10, the approving official, or designee, may require the use of
compensatory time in lieu of overtime. If that option is not exercised,
the provisions of the preceding paragraph shall apply.

[c]{.underline}. The time limits and other provisions in this chapter
concerning compensatory time shall apply to all compensatory time taken
under this chapter. It should be noted, however, that if an employee
covered by the FLSA on flexible schedules fails to take the compensatory
time within \[twenty-six\] pay periods, he or she shall be compensated
for the overtime work under the FLSA.

\(b\) **Night Differential**

[1]{.underline}. **Full-time General Schedule Employees**

[a]{.underline}. If the tour of duty includes 8 or more hours available
for work during daytime hours (6 a.m. to

6 p.m.), the employee is not entitled to night differential.

[b]{.underline}. If the core time band is during daytime hours (i.e., 6
a.m. to 6 p.m.), but an 8-hour tour of duty includes less than 8 daytime
hours, the employee is entitled to night differential for the difference
between 8 hours and the available number of daytime hours in the tour of
duty.

[c]{.underline}. If the core time band includes night work, the
employees are entitled to night pay for any non-overtime work performed
at night.

[2]{.underline}. **Part-time General Schedule Employees.** A part-time
GS employee is entitled to night differential for night work performed
only during his or her basic work requirement.

[3]{.underline}. **FWS Employees.** If the core time band includes night
work, a FWS employee is entitled to the appropriate night differential
if a majority of the non-overtime hours of the tour of duty falls
between either 3 p.m. and midnight or 11 p.m. and 8 a.m.

**NOTE:** *Meal breaks of 1 hour or less that occur when a night shift
differential is authorized shall be included for the purposes of
determining a FWS employee\'s entitlement to night differential.*

\(c\) **Holiday Premium Pay**

[1]{.underline}. Full-time employees on flexible schedules, who perform
non-overtime work on a day designated as their holiday, are entitled to
their rate of basic pay, plus premium pay equal to the basic pay for
that non-overtime holiday work.

[2]{.underline}. Part-time employees on flexible schedules are entitled
to holiday premium pay for the number of non-overtime hours they work on
the holiday, up to a maximum of 8 hours.

\(d\) **Sunday Premium Pay.** A full-time employee on a flexible
schedule shall be entitled to Sunday premium pay for non-overtime work
performed during a regularly scheduled tour of duty, when any part of
that tour of duty is on a Sunday. Part-time employees are not entitled
to Sunday premium pay.

\(e\) **SES.** Members of the SES are not entitled to any form of
premium pay.

\(5\) **Temporary Duty.** If an employee is temporarily detailed,
reassigned or promoted, and is moved from or to a position which has
flexible scheduling, the approving official, or designee, may allow the
employee to continue to use his or her previous work schedule.

\(6\) **Absence and Leave**

\(a\) **Sick and Annual Leave**

[1]{.underline}. For employees on flexible schedules, time off work
during the flexible and core time band must be charged to the
appropriate leave category, compensatory time off or excused absence, as
appropriate.

[2]{.underline}. The maximum amount of sick or annual leave an employee
may apply to a basic work requirement for any day is the number of hours
the employee is scheduled to work that day.

\(b\) **Holidays.** A full-time employee on a flexible schedule,
relieved from working on a day designated as his or her holiday, shall
be entitled to pay with respect to that day for 8 hours. A part-time
employee prevented from working on the holiday shall be entitled to
basic pay for the number of hours he or she was scheduled to work on
that day, up to a maximum of 8 hours. Part-time employees are not
entitled to a day off in lieu of the holiday.

\(c\) **Excused and Unexcused Absences.** On the flexitour, the
employee\'s selected starting and stopping times shall be used to
determine the amount of excused or unexcused absence to be granted
and/or charged. On the modified flexitour, the employee\'s selected
starting and stopping times shall be used to record absences unless the
employee has actually reported for work. If at work, the time the
employee reported and his or her basic work requirement for that day
shall be used to determine absences.

\(7\) **Travel**

\(a\) Travel outside regularly scheduled duty hours must be officially
ordered or approved and must meet one of the four conditions specified
in 5 U.S.C. 5542(b)(2)(B).

\(b\) 5 CFR 610.123 provides additional information about employees
traveling outside regularly scheduled duty hours.

\(c\) On the flexitour, the employee\'s selected starting and stopping
times shall be used to determine if the employee is traveling during
regularly scheduled hours. On the modified flexitour, the employee\'s
selected starting and stopping times shall be used unless the employee
has already reported for work. If at work, the actual time the employee
reported, and his or her basic work requirement for that day, shall be
used in making the determination. Nonexempt employees under the FLSA
should use this method also in determining corresponding hours for
travel and non-workdays.

g\. **Compressed Work Schedules**

\(1\) **Criteria**

\(a\) A compressed workweek may be established only if all daily tours
of duty within the compressed workweek are in whole hour increments,
excluding the meal period (e.g., eight 10-hour tours, eight 9-hour tours
and one 8-hour tour, etc., each biweekly pay period). If, however, the
meal period is considered hours of work, any daily tour of duty on such
a day shall be in whole hour increments, including the meal period.

\(b\) A work unit employee participating in a compressed workweek under
this paragraph may not simultaneously work a flexible schedule under
subparagraph f of this chapter.

\(c\) A compressed workweek should not be established in a work unit if
it will overlap a standby tour of duty.

\(d\) An employee in a work unit which is not covered by a collective
bargaining agreement shall not be required to participate in any
compressed workweek unless a majority of employees (i.e., more than half
of affected employees in the work unit) have voted to be included. The
specific procedures for this vote are left to the approving official.
Use of written secret ballots are encouraged; subparagraph (8) below
contains a prohibition against the coercion of employees making such
determinations.

\(e\) Exclusion because of personal hardship:

[1]{.underline}. An official, or designee authorized to approve
compressed workweeks, who, upon written request of an employee
determines that participation of the employee would cause a personal
hardship, shall:

[a]{.underline}. Except the employee from the compressed workweek; or

[b]{.underline}. Reassign the employee to the first vacant position in
the organization not on a compressed tour, which is acceptable to the
employee and for which he or she qualifies.

[2]{.underline}. Determinations under this subparagraph shall be made no
later than 10 days after the written request is received by the deciding
official.

\(f\) The establishment of compressed workweeks does not relieve
approving officials, or their designees, from the requirement to
establish workweeks to accomplish the mission and goals of the
organization and to correspond with the employee\'s actual work
requirements.

\(g\) The approving official may exclude from compressed workweeks any
employee or group of employees whose coverage would create an adverse
impact.

\(2\) **Time and Attendance Records.** Under fixed work schedules, such
as compressed work schedules, the supervisor usually has personal
knowledge of each employee's number of hours on duty, attendance, and
the nature and length of absences and can, therefore, certify each
employee's entitlement to pay

without the use of special time accounting devices. The VA Form 5631,
Time and Attendance Report, is the official means for recording,
certifying and reporting time and attendance.

\(3\) **Computation of Premium Pay.** (not applicable to SES)

\(a\) Overtime Hours and Compensatory Time Off in Lieu of Overtime
Premium Pay for Irregular or Occasional Overtime Work

[1]{.underline}. For full-time employees, the term "overtime hours"
refers to hours of work officially ordered or approved and performed
\[in excess of\] the basic work requirement. For part-time employees,
overtime hours are those hours of work \[performed in excess of the
basic work requirement for the day (but must be in excess of 8 hours) or
for the week (but must be in excess of 40 hours). In order to qualify
for callback overtime on a compressed tour, the period of callback must
be outside of and unconnected with the employee's basic work requirement
and must qualify as overtime as stated above\].

[2]{.underline}. GS employees on compressed workweeks may receive (or be
required to take, if appropriate) compensatory time off in lieu of
premium pay for irregular or occasional overtime work. If the employee
is on a compressed work schedule, compensatory time off may not be
authorized in lieu of premium pay for regularly scheduled overtime work.

\(b\) **Night Differential**

[1]{.underline}. GS employees are entitled to night differential for
regularly scheduled night work between the hours of 6 p.m. and 6 a.m.

[2]{.underline}. FWS employees are entitled to the applicable night
differential if a majority of the non-overtime hours of the tour of duty
falls between 3 p.m. and midnight or 11 p.m. and 8 a.m.

\(c\) **Holiday Premium Pay**

[1]{.underline}. Full-time employees on a compressed work schedule, who
perform non-overtime work on the day designated as their holiday, are
entitled to their basic rate of pay, plus premium pay equal to basic pay
for that non-overtime holiday work. Employees may not, however, receive
holiday pay for work in excess of their basic work requirement for the
day.

[2]{.underline}. Part-time employees on a compressed schedule are only
entitled to holiday premium pay for non-overtime work performed on the
holiday. Part-time employees are not entitled to a day off in lieu of
the holiday.

\(d\) **Sunday Pay.** Full-time employees on a compressed schedule who
perform non-overtime work during a period of service, a part of which is
performed on Sunday, are entitled to Sunday premium pay for the entire
period of service. Part-time employees covered by this subparagraph are
not entitled to Sunday premium pay.

\(4\) **Absence and Leave**

\(a\) **Holidays**

[1]{.underline}. **Full-time Employees**

[a]{.underline}. When a holiday falls on a workday in the employee\'s
compressed workweek, that workday shall be designated as his or her
holiday.

[b]{.underline}. When a full-time employee on a compressed schedule has
two non-workdays in the administrative workweek, the first day off shall
be considered the employee\'s \"Sunday\" and the second day off shall be
considered the employee\'s \"Saturday.\" If the holiday falls on the
employee\'s \"Sunday,\" the first workday following that day shall be
designated as the employee\'s day off in lieu of the holiday. If the
holiday falls on the employee\'s \"Saturday,\" the first workday
preceding that day shall be designated as the employee\'s day off in
lieu of the holiday. These rules shall apply whether or not the
employee\'s day off actually falls on Saturday or Sunday, and regardless
of whether this causes the designated holiday to fall in another
administrative workweek or pay period.

[c]{.underline}. When a full-time employee on a compressed workweek has
three days off in the administrative workweek and the holiday falls on
one of these non-workdays, the following rules shall apply:

([1]{.underline}) When the holiday falls on the first or second day off
of the administrative workweek, the following workday shall be
designated as the day off in lieu of the holiday, regardless of
administrative workweek.

([2]{.underline}) When the holiday falls on the third day off in the
administrative workweek, the preceding workday shall be designated as
the day off in lieu of the holiday, regardless of administrative
workweek.

[2]{.underline}. **Part-time Employees.** If a holiday falls on a day
during part-time employees' scheduled compressed workweeks and, if the
employees are prevented from working, they are entitled to pay for the
number of hours they were scheduled to work that day. Part-time
employees are not entitled to a day off in lieu of the holiday.

\(b\) **Leave.** Time off from an employee\'s basic work requirement
must be charged to the appropriate leave category, unless the employee
is authorized compensatory time off or excused absence.

\(c\) **Excused and Unexcused Absences.** The amount of excused or
unexcused absence shall be based on the employee\'s compressed work
schedule in effect at the time.

**NOTE:** *An employee excused for part of a day is expected to return
to duty, except when there is so little time remaining that no
appreciable amount of service would be rendered or the duty station is
so distant that it would be an unreasonable requirement.*

\(d\) **Temporary Duty.** When an employee covered by a compressed work
schedule is temporarily detailed, reassigned or promoted to a position
subject to another schedule, the approving official, or designee, may
allow the employee to continue to use the compressed schedule, require
use of the work schedule at the new organization, require return to the
home site to make up the difference, or grant excused absence for the
difference between the daily compressed work requirement and the number
of hours of work possible under the schedule at the temporary site. It
is important that the work schedule at the receiving site and the
effective date of any change be fully resolved and understood prior to
the assignment to ensure complete understanding about days off,
overtime, time spent in a travel status, etc.

\(e\) **Travel.** Since compressed work schedules are fixed schedules,
guidance for time spent in a travel status away from the official duty
station may be found in 5 CFR 550.112 and 551.422.

\(5\) **Review of Alternative Work Schedules**

\(a\) **Determinations to Establish or Discontinue Flexible or
Compressed Schedules.** Notwithstanding the previous provisions of this
paragraph, and subject to subparagraph (7)(a) and (b) below, any
approving official who finds that a particular flexible or compressed
work schedule has had or would have an adverse impact shall promptly
determine not to establish the schedule, or shall discontinue it if it
has already been established.

\(b\) **Adverse Impact.** For the purposes of the preceding
subparagraph, adverse impact means a reduction in productivity, a
diminished level of service, or an increase in the cost of operations
(other than reasonable administrative costs relating to the
establishment of a flexible or compressed schedule.

\(6\) **Records Maintenance.** Each VA facility is encouraged to
maintain records regarding the development, maintenance, or termination
of a flexible or compressed work schedule. These records should address
any increased cost, changes in productivity, and any effect on providing
services. An approving official who thinks that establishing a flexible
or compressed work schedule would have an adverse VA impact or that a
modification or discontinuance of an existing schedule is necessary due
to such impact, should maintain sufficient records to support such
actions.

\(7\) **Employees Covered by a Collective Bargaining Agreement.**
Flexible or compressed work schedules for employees in a unit
represented by an exclusive representative shall be subject to the
provisions of this paragraph and the terms of any applicable collective
bargaining agreement.

\(a\) **Determination Not To Establish Flexible or Compressed Work
Schedules.** If the approving official and the exclusive representative
reach an impasse in collective bargaining with respect to a
determination not to establish a flexible or compressed work schedule,
the impasse shall be presented to the Federal Service Impasses Panel
(FSIP) for resolution. The panel shall take final action in favor of
VA's determination if it is supported by evidence that the schedule is
likely to have an adverse impact.

\(b\) **Termination of a Flexible or Compressed Work Schedule.** If the
approving official and the exclusive representative have entered into a
collective bargaining agreement providing for the use of flexible or
compressed work schedules, and the approving official determines under
subparagraph (5)(a) above to terminate it, the approving official may
reopen the agreement to seek termination. Impasses concerning such
termination shall be presented to the FSIP for resolution. A flexible or
compressed work schedule may not, however, be terminated until agreement
is reached or the FSIP so rules.

\(c\) **Further Information.** Contact the appropriate labor management
specialist in the Office of Labor-Management Relations in VA Central
Office for further guidance.

\(8\) **Prohibition of Coercion.** An employee may not be directly or
indirectly intimidated, threatened or coerced by any other employee for
the purposes of interfering with an employee\'s rights under this
chapter.

[]{#PtIICh3 .anchor}**CHAPTER 3. ESTABLISHMENT OF WORKWEEKS, TOURS OF
DUTY, AND**

######## **WORK SCHEDULES FOR EMPLOYEES APPOINTED TO TITLE 38 POSITIONS**

**1.** []{#PtIICh3para1 .anchor}**SCOPE**

a\. \[**Coverage.**\] This chapter contains basic policies and
instructions governing duty for full- \[time,\] part-time \[,
intermittent and fee basis\] physicians, dentists, podiatrists,
chiropractors, optometrists, nurses, nurse anesthetists, physician
assistants (PAs), and expanded-function dental auxiliaries (EFDAs)
appointed under authority of 38 U.S.C., chapter 73 and 74.

b\. \[**Covered employees.**\] Except as otherwise indicated in part
III, chapter 3, paragraph 13 of this handbook, hours of duty provisions
for full-time physicians and dentists contained in this chapter are
applicable to full-time residents appointed under authority of 38 U.S.C.
7406. The term "resident" as used in this paragraph refers to medical
and dental residents. As used in this chapter, any reference to
"nurse(s)" includes nurse anesthetist but does not include the \[Chief
Nursing Officer, Office of Nursing Services\]; and "employee(s)"
includes those personnel indicated in subparagraph a (both full-time and
part-time, unless otherwise specified). \[ \]

c\. \[**Excluded Employees.** This chapter does not apply to employees
in occupations other than those indicated in subparagraph a above , and
who are appointed under authority of 38 U.S.C. chapter 73 and 74,
including employees appointed under 38 U.S.C. 7306 and title 38 hybrid
employees appointed to positions listed in 38 U.S.C. 7401(3)\].

d\. \[**Intermittent and Fee Basis Employment.**\] Persons employed on
an intermittent basis, per annum fee basis, or lump-sum fee basis, under
authority of 38 U.S.C. 7405 are paid for actual service rendered and
therefore their duty schedules shall be determined by procedural
requirements issued by the Under Secretary for Health.

[]{#PtIICh3para2 .anchor}**2. BASIC WORKWEEK AND OFFICIAL DUTY**

a\. \[**Basic Workweek.**\] Unless otherwise indicated, the \"basic
workweek\" for full-time employees shall be 40 hours in length. The
normal tour of duty within the 40-hour basic workweek shall consist of
five 8-hour days, exclusive of the meal period. Directors of field
facilities, or their designees, are authorized to fix the hours of duty
constituting the normal tours of duty within the 40-hour basic workweek.
Full-time physicians, dentists, podiatrists, chiropractors, and
optometrists to whom the provisions of this chapter apply shall be
continuously subject to call unless officially excused by proper
authority. This requirement as to availability exists 24 hours per day,
7 days per week. \[However, full-time nurses and nurse anesthetists on
the Baylor Plan shall be scheduled in advance for a 24-hour basic
workweek in each administrative workweek. The basic workweek for nurses
on the Baylor Plan shall consist of two regularly scheduled 12-hour
tours of duty contained entirely within the first and last day of the
administrative workweek, Sunday and Saturday.\]

b\. \[**Administrative and Non-Duty Days and Days Off**.\] Full-time
physicians, dentists, podiatrists, chiropractors, and optometrists shall
be permitted some periods of time free from official duty to the extent
that this does not impair provision of essential services in patient
treatment and care. Each such full day granted shall be called an
"administrative non-duty day." Full-time VA Central Office and VA
outpatient clinic employees will normally perform duty Monday through
Friday of each workweek. The remaining 2 days (Sunday, the first day of
the workweek and Saturday, the last day of the workweek) shall be
designated as the administrative non-duty days of the workweek for
physicians, dentists, podiatrists, chiropractors, and optometrists or
the days off for nurses, nurse anesthetists, PAs and EFDAs. Unusual
circumstances may make it necessary, however, for the Under Secretary
for Health, chief consultants, or facility directors, as appropriate, to
alter these provisions for specific individuals or groups of individuals
in the best interests of the service.

c\. \[**Establishment of Regularly Scheduled Administrative Workweeks**.

\(1\) When the official responsible for work scheduling knows in advance
of an administrative workweek that the specific days and/or hours of a
day actually required of an employee in that administrative workweek
will differ from those required in the current administrative workweek,
that official shall reschedule the employee's regularly scheduled
administrative workweek to correspond with those specific days and
hours. The official shall inform the employee of the change and shall be
responsible for ensuring that the change is recorded on the employee's
time card or its electronic equivalent.

\(2\) In the exercise of this authority, officials shall prescribe
individual hours of duty and changes to such hours as far in advance as
possible. Such officials are also to give employees consideration in
arranging schedules so long as such consideration is compatible with VA
work requirements.\]

\(3\) Full-time nurses, nurse anesthetists, PAs, and EFDAs shall be
scheduled in advance for a 40-hour basic workweek in each administrative
workweek, except that full-time nurses and nurse anesthetists on the
Alternate Work Schedules such as a 36/40 Work Schedule and the Baylor
Plan shall be scheduled in advance in each administrative workweek.

\[(a)\] The basic workweek for a registered nurse working a 36/40
Alternate Work Schedule will consist of three regularly scheduled
12-hour tours of duty within an administrative workweek. Under this work
schedule the registered nurse is considered for all purposes to have
worked a full 40 hour basic work week.

\[(b)\] The basic workweek for a registered nurse working the 9-Month
Alternate Work Schedule will consist of five 8-hour days, exclusive of
the meal period, with 3 months off duty within a fiscal year.

\[(c)\] The basic workweek for registered nurses working the Baylor Plan
work schedule will consist of two regularly scheduled 12-hour tours of
duty contained entirely within the first and last day of the
administrative workweek (Sunday and Saturday).

\[(d)\] The normal tour of duty within the 40-hour basic workweek shall
consist of five 8-hour days, exclusive of the meal period. A full-time
nurse or nurse anesthetist shall be placed on an Alternate Work Schedule
only at the beginning of the administrative workweek and taken off at
the end of the administrative workweek.

d\. \[**Patient Care Requirements.**\] Because of the continuous nature
of the services rendered at hospitals, the facility Director, or
designee (in no case less than a chief of service), has the authority to
prescribe any tour of duty to ensure adequate professional care and
treatment to the patient, consistent with these provisions considered
the employee\'s \"Saturday.\" If the holiday falls on the employee\'s
\"Sunday,\" the first workday following that day shall be designated as
the employee\'s day off in lieu of the holiday. If the holiday falls on
the employee\'s \"Saturday,\" the first workday preceding that day shall
be designated as the employee\'s day off in lieu of the holiday. These
rules shall apply whether or not the employee\'s days off actually fall
on Saturday or Sunday. \[This includes the obligation to arrange for
continuous medical supervision required by policy in M-2, part I,
chapter 4, "Medical Officer of the Day."\]

e\. \[**Tours of Duty for Part-Time and Intermittent Employees.** Except
as provided in paragraph f below, part-time employees perform duty on
less than a full-time basis and have a regularly scheduled tour of duty
that is less than 80 hours in a biweekly pay period. Such employees may
perform occasional unscheduled duty in addition to the regular tour of
duty. Employees serve on an intermittent duty basis when employed on
less than a full-time basis and have no prescheduled regular tour of
duty.\]

f\. \[**Adjustable Work Hours for Part-Time Physicians.** This is a
program to accommodate varying VA patient care needs and part-time VA
physicians who have VA or non-VA patient care, research, or educational
responsibilities that make adherence to the same regularly scheduled
tour of duty every pay period difficult. Part-time physicians with fixed
work requirements and those who do not routinely need to adjust their
tours are not to be placed on adjustable work hours. Adjustable tours
would be appropriate, for example, for part-time physicians at active
affiliated facilities with extensive patient care, research, and
educational responsibilities who frequently encounter emergencies and
other unanticipated obligations that prevent them from maintaining a
regularly scheduled tour of duty. Under such circumstances, it is
difficult for management to administratively change or adjust the
prescheduled tour and communicate this to the timekeeper in a timely
manner. Adjustable work hours provide a means for minimizing this
problem. After assessing their particular needs, facility Directors may
authorize the use of adjustable work hours using the procedures in
Appendixes I and J to this chapter.\]

g\. \[**Guidance on Determining Whether Activities of Health Care
Professionals Constitute VA Work**

\(1\) Principles

\(a\) The statutory missions of VHA include patient care, research and
education, and supporting these broad missions entail a variety of
different work activities. The primary focus is patient care; however,
research, education, and administrative activities also contribute to
increasing the quality of care provided to veterans. Positions covered
by this chapter are to be supported by appropriate staffing guidelines.
Officials approving tours of duty are responsible for structuring tours
of duty based on these allocations and for ensuring that employees meet
their patient care and other VA work requirements. Off site patient
care, research, academic, or administrative activities must also be
directly related to VA's mission and approved by the facility Director
or designee and properly documented. For examples, see paragraph 2g(3)
below.

\(b\) Guidance in this handbook applies to all health care professionals
whether employed in full-time or part-time status. VHA employees must be
in a leave status or outside their regular tours of duty when generating
money or benefits for themselves such as receiving pay or other benefits
from a non-VA entity. VHA employees are also legally barred from billing
Medicare, Medicaid, or CHAMPUS for services not related to the
performance of their official duties while on VA duty.

\(c\) Prior to engaging in scarce medical specialist contracts or
sharing agreements, VHA employees, especially those who have
appointments with an affiliated university that provides services or
resources to VA, should first consult with the Regional Counsel to
ensure that their participation in such contracts or agreements do not
result in a conflict of interest or prohibited salary supplementation.

\(2\) Physicians and Others Working in Academic Settings

\(a\) For over 50 years VA has used attending physician-resident and
physician teams as the predominant care providers in VA facilities
affiliated with academic medical centers. The affiliation relationship
as defined in Policy Memorandum No. 2. (January 30, 1946) and applicable
VHA policy defines the parameters of this relationship. These documents
serve as the basis for approving any off-site activities in support of
VA's role in the affiliation. Frequently, attending physicians are
employed part-time both by the academic affiliate and VA. However, VA
work must be solely supported by VA, while work for the affiliate must
be distinct and separately accounted for by the affiliate.

\(b\) To support the accreditation of VA training experiences, full-time
VA physicians and other VA professionals may hold faculty appointments
at affiliates. The duties of these individuals, whether full-time or
part-time VA, will involve providing care to VA patients, but may also
involve administrative, academic, and research activities in support of
VA.

\(c\) Academic work performed at VA's request and paid for by VA must be
distinguished from work for the affiliate. This distinction and
accounting for VA time requires the collaboration between the affiliate
and the local VA Clinical work at VA and at the affiliate must be
carefully considered. Income-generating professional activities are
allowable only outside of regular tours of duty or in a leave status.
This is particularly important in situations where time at the affiliate
has been approved as part of professional VA duties. While on VA duty
status at the affiliate, professionals must take care to avoid any
income-generating activities. Professionals who provide services both as
employees and under sharing agreements should obtain guidance from their
Regional Counsel.

\(3\) Examples. VA managers are responsible for assigning work, and for
ensuring VA employees are performing work that supports VA's missions.
VA work can consist of veteran patient care, research, educational or
administrative work performed either at the VA Medical Center or
off-site. Off-site work must be directly related to VA's mission and
approved by the Director or designee. The list below includes examples
of on-site and off-site work, but is not inclusive.

\(a\) On-Site**:** (VA grounds)

[1]{.underline}. Clinical. Clinical duties involve providing and/or
supervising patient services at VA, clinical teaching at VA related to
the care of VA patients, providing patient care at an outpatient clinic,
or

participating in interdisciplinary patient care conferences at VA. For
example, patient evaluation, invasive procedures, consultation,
attending rounds, journal club, follow-up calls, clinical documentation,
care coordination, or care planning conferences.

[2]{.underline}. Administrative. Administrative duties involve
activities such as attending meetings at VA regarding program
development, enhancement of clinical or teaching services, continuing
medical education, patient care and medical staff issues (e.g., Drug
Usage and Infection Control Committees, Clinical Executive Board, etc.).

[3]{.underline}. Research. Research activities include such things as
conducting either funded or unfounded approved VA research activities in
assigned VA lab space and attending meetings at VA related to research
activities (e.g., Research and Development Committee).

\(b\) Off-Site:

[1]{.underline}. Clinical. This includes providing services for VA
patients at a non-VA location (e.g., a VA physician uses the affiliate
catheterization lab to treat VA patients with no professional charge to
VA); participating in interdisciplinary patient care conferences at an
affiliate to discuss VA patients (e.g., approved VA representation at
clinical conferences such as a Tumor Board); teaching related to the
care of VA patients (e.g., Grand Rounds), approved attendance at Medical
Executive Committee meetings; public service or other professional
activities when the activity is considered to be of substantial benefit
to VA in accomplishing its general mission or one of its specific
functions; or providing services regarding a VA patient from another
site (e.g., reading x-rays from home or entering patient notes via
remote computer log-on).

**NOTE:** *Health care professionals cannot receive any compensation
from other sources for activities carried out when they are in a duty
status; they must be in a leave status or outside their VA tour of
duty.*

[2]{.underline}. Administrative. This includes approved attendance at
lectures, conferences, or off-site meetings related to VA duties (e.g.,
national or VISN committees or meetings); activities required to
maintain academic status (appropriately shared with the affiliate in the
case of part-time employees); approved VA representation at meetings at
affiliates regarding curriculum development or resident selection; or
other administrative issues related to VA activities for which employees
are not compensated by the affiliate.

[3]{.underline}. Research. Conducting off-site funded research
activities with written waiver from VACO (e.g., research space not
available at VAMC); developing a letter of intent; VA representation on
a joint IRB; or, if approved, non-funded research related to VA's
mission.

**NOTE:** *Time allocated for non-funded research will be at the
discretion of the supervisor and approved by the COS or Director.*

[4]{.underline}. Education. This involves such things as providing
orientation or training to house staff or other students at the
affiliate regarding information related to VA and its mission.

h\. **Accountability.** Timekeeping documents shall reflect actual hours
worked by full-time, part-time, and intermittent employees. Failure to
appropriately monitor compliance with the policies and procedures in
this handbook, or failure to properly account for time and attendance
may result in appropriate disciplinary and/or legal action.\]

**3.** []{#PtIICh3para3 .anchor}**HOLIDAYS.** Employees shall be excused
to the extent possible for observance of the following holidays and
non-workdays designated by Federal Statute or Executive Order: January
1, the third Monday in January, the third Monday in February, the last
Monday in May, July 4, the first Monday in September, the second Monday
in October, November 11, the fourth Thursday in November, December 25,
and any other calendar day designated as a holiday or non-workday by
Federal Statute or Executive Order. However, notwithstanding the
preceding provisions of this subparagraph, full-time nurses and nurse
anesthetists on the Baylor Plan shall not be entitled to holidays.

a\. **Full-Time Employees (Except Nurses and Nurse Anesthetists on the
Baylor Plan)**

\(1\) For employees whose basic workweek is Monday through Friday,
holidays falling on a Sunday shall be observed the following Monday;
holidays falling on Saturday shall be observed on the preceding Friday;
and all other holidays shall be observed on the day they occur.

\(2\) For employees whose basic workweek is other than Monday through
Friday, the employee's first day off in the calendar week is designated
as the day off in lieu of Sunday and the employee's second day off in
the calendar week is designated as the day off in lieu of Saturday.

\(a\) When a holiday falls on the day designated as a day off in lieu of
Sunday, the employee's next workday shall be the day observed as the
holiday for that employee.

\(b\) When a holiday falls on the day designated as a day off in lieu of
Saturday, the employee's preceding workday shall be the day observed as
the holiday for that employee.

b\. **Part-Time Employees.** Part-time employees who are excused from
duty on a holiday are entitled to their regular pay for that day.
\[Otherwise eligible part-time employees required to work on holidays
are not entitled to holiday premium pay for such service. However,
employees whose absence is not authorized will be considered absent
without leave and shall lose pay for the day.\]

c\. **In-Lieu Non-workday.** An in-lieu non-workday may be granted to
full-time physicians, dentists, podiatrists, chiropractors, and
optometrists, for work performed on a holiday or the day observed as a
holiday, provided the full-time employee's services can be spared
without detriment to patient care. Such in-lieu day if authorized must
be taken within 90 days by the full-time employee concerned. Full-time
employees who are assigned to work on holidays and whose absences were
not authorized will be reported as being on unauthorized absence and
will lose pay for that day**.**

**NOTE:** *An in-lieu non-workday shall not be authorized for a nurse,
nurse anesthetist, PA or EFDA who works on a holiday or the day
designated as a holiday.*

d\. **Holiday Benefits in Connection With Absence in a Non-pay Status**

\(1\) Employees (except full-time nurses and nurse anesthetists on the
Baylor Plan) are entitled to payment for the holiday if they are absent
in a non-pay status (including LWOP or AWOL) on the day immediately
following the holiday, provided they were in a pay status (duty or
leave) the day preceding the holiday, and provided the holiday was not
included within the period of non-pay status. If the holiday was
included within the period of non-pay status, payment for the holiday
will not be made. Wherever possible, periods of LWOP should not be
scheduled so as to begin or end on a holiday.

\(2\) Employees (except full-time nurses and nurse anesthetists on the
Baylor Plan) in a non-pay status (including LWOP or AWOL) the day
preceding the holiday will receive payment for the holiday, provided
they are in a pay status (duty or leave) the next regularly scheduled
workday immediately following the holiday, and provided the holiday was
not included within the period of non-pay status.

\(3\) The provisions of subparagraphs d (1) and (2) also apply to
in-lieu days granted to full-time physicians, dentists, podiatrists,
chiropractors, and optometrists.

e\. **Religious, State and Local Holidays**

\(1\) While there is no official observance of religious holidays,
except those which may also be national holidays, it is the policy of VA
to permit, when practicable, absence from work for those employees who
desire to observe religious holidays. Employees may, under provisions of
Public Law 95-390, and applicable regulations, elect to work
compensatory overtime for the purpose of taking time off without charge
to leave when their personal religious beliefs require that they abstain
from work during certain periods of the workday or workweek, thereby
avoiding an annual leave or leave without pay charge.

\(2\) If a facility is closed on a State or local holiday because it is
determined that Federal work may not be properly performed as provided
in chapter 2, this part, absence on such day is not chargeable to leave
for an employee of the facility. Such approved time off is considered
authorized absence without charge to leave.

[]{#PtIICh3para4 .anchor}**4. ADJUSTABLE WORK HOURS FOR PART-TIME
PHYSICIANS**

\[See paragraphs 2f and g above and Appendixes I and J to this
chapter.\]

[]{#PtIICh3para5 .anchor}**5. FLEXIBLE AND COMPRESSED WORK SCHEDULES FOR
EMPLOYEES IN TITLE 38 POSITIONS**

a\. **General.** This paragraph contains Veterans Health Administration
policies and procedures concerning flexible and compressed work
schedules for VHA title 38 health care employees. All of the provisions
of this paragraph apply to full and part-time nurses, graduate nurse
technicians, nurse technicians pending graduation, nurse anesthetists,
PA\'s (physician assistants) and EFDAs (expanded function dental
auxiliaries) appointed under authority of 38 U.S.C. 7401(l) or
7405(a)(1.). Only the

provisions on compressed work schedules apply to physicians, dentists,
podiatrists, chiropractors, or optometrists appointed under 38 U.S.C.,
sections 7306, 7401(1), 7405 or 7406\[ \]. The provisions in this
paragraph do not apply to student nurse technicians or nurses and nurse
anesthetists on the Baylor Plan.

**NOTE:** *Instructions for compressed work schedules for employees in
VA Central Office have been published in VA Directive 5610.3*.

b\. **References**

\(1\) Federal Employees Flexible and Compressed Work Schedules Act of
1982 (Pub. L. 97-221, 5 U.S.C. 6120-6133.)

\(2\) 5 CFR 2472

\(3\) 38 U.S.C. 7421(a) and 7423(a)

c\. **Definitions**

\(1\) **Administrative Workweek.** A period of 7 consecutive calendar
days, which coincide with the calendar week, Sunday through Saturday.

\(2\) **Alternative Work Schedule.** A work schedule that is other than
the traditional work schedule (8 hours per day/40 hours per week with
fixed starting and quitting times), which consists of either a flexible
work schedule or compressed work schedule.

\(3\) **Basic Work Requirement.** The number of hours during a biweekly
pay period, excluding overtime hours, which an employee is required to
work or required to account for by leave or otherwise.

\(4\) **Biweekly Pay Period.** The pay period covering two
administrative workweeks.

\(5\) **Compressed Schedule**

\(a\) In the case of a full-time employee, an 80-hour biweekly work
requirement which is scheduled for fewer than 10 workdays.

\(b\) In the case of a part-time employee, a biweekly basic work
requirement which is scheduled for less than 10 workdays.

\(6\) **Core Time Band.** Those designated hours and days during the
biweekly pay period when an employee on a flexible schedule must be
present for work.

\(7\) **Flexible Time Band.** That part of the schedule of working hours
during which, under procedures contained herein, employees may choose
their time of arrival and departure from the worksite, within limits
consistent with the duties and responsibilities of their positions.

\(8\) **Flextime.** A system of work scheduling which splits the workday
into two distinct kinds of time: the core time band and the flexible
time band.

\(9\) **Flexitour.** A flexible schedule in which an employee, having
once selected starting and stopping times within the flexible time
bands, continues to adhere to these times. Employees may request
different starting and stopping times. Such tours, and changes to such
tours, however, must be approved by the employee\'s supervisor and
documented in accordance with the procedures contained herein.

\(10\) **Modified Flexitour.** A type of flextime where the employee
selects a starting time and stopping time within the established
flexible time band and, once selected, this becomes the employee\'s
assigned schedule. The employee, however, is given 15 minutes of
flexibility on either side of the selected arrival time. The actual time
of arrival becomes the employee\'s starting time for the day. For
example, an employee selecting 7:30 a.m. as a starting time under the
modified flexitour may report for work anytime between 7:15 a.m. and
7:45 a.m. If the employee arrives at 7:20 a.m., this becomes the
employee\'s starting time for that day. Assuming a half-hour lunch
period, the departure time would be 3:50 p.m. If the same employee
reports at 7:05 a.m., his or her starting time would not begin until
7:15 a.m. The same employee arriving at 7:50 a.m. is 5 minutes tardy.
Under the modified flexitour, the starting time, and changes in the
starting time, must be approved by the supervisor and documented in
accordance with the procedures contained herein.

\(11\) **Overtime Work**

\(a\) For the purpose of flexitime, overtime means all hours of work in
excess of 8 hours in a day or 40 hours in a week which are officially
ordered or approved in advance.

\(b\) For the purposes of compressed work schedules, overtime work
means:

[1]{.underline}. For full-time employees, the term \["overtime hours"\]
refers to officially ordered or approved hours of work performed \[in
excess of\] the employee\'s basic work requirement.

[2]{.underline}. For part-time employees, overtime hours are those hours
of work \[performed in excess of the basic work requirement for a day
(but must be in excess of 8 hours) or for a week (but must be in excess
of 40 hours)\].

\(12\) Tour of Duty. Under a flexible work schedule, the limits set by
the authorizing official within which employees must complete their
basic work requirement. Under a fixed schedule, such as a compressed
work schedule, an employee's tour of duty is synonymous with the
employee's basic work requirement.

\(13\) **Work Unit.** An entity located in one place with a specific
mission and with homogeneous procedures or technology, and headed by a
supervisor or manager authorized to certify the employee\'s VA Form
4-5631, Time and Attendance Report, or other applicable agency documents
for reporting employees\' work schedules.

d\. Planning Flexible and Compressed Work Schedules. (See chapter 2,
paragraph 11d of this part.)

e\. **Approval Authority and Responsibilities**

\(1\) Facility directors are authorized to approve flexible and
compressed work schedules for employees under their jurisdiction. They
are also responsible for ensuring that approved flexible and compressed
work schedules are consistent with the criteria contained herein.

\(2\) Supervisors are responsible for assuring that sufficient numbers
and kinds of personnel are scheduled to be present to carry out
operations in an efficient and economical manner. To meet this
responsibility, supervisors may place restrictions on the starting and
stopping times of individual employees. Supervisors are also responsible
for taking appropriate action if an employee under his or her
jurisdiction fails to meet his or her responsibilities under
subparagraph (3) below.

\(3\) Employees using flexible or compressed work schedules are
responsible for fulfilling their obligations to account for a full
day\'s work. Abuse of flexible or compressed work schedules may result
in restrictions on the employee\'s starting and stopping times,
termination of the employee\'s flexible schedule and/or appropriate
disciplinary action.

f**. Flexitime**

\(1\) **General Requirements**

\(a\) The establishment of flexible tours of duty is limited to
flexitour and modified flexitour, as defined in paragraph 5c above.

\(b\) Core time bands shall be determined by field facility directors;
however, core time bands should be the same for employees performing
similar work under similar situations. Facility directors may authorize
deviations from approved core times in individual cases.

\(c\) The Facility Director, or designee, may determine the numbers and
kinds of employees on duty during the core hours of any given day.
Further, to assure essential services are provided outside core hours,
the field facility Director, or designee, may restrict the employee\'s
choice of arrival and departure time if participation in flexible
schedules proves disruptive or otherwise impedes efficient operations.

\(d\) A flexible work schedule under this paragraph and a compressed
workweek under paragraph g may not be established in the same work unit.

\(e\) The modified flexitour may not be used in combination with on-call
duty (see chapter 3, paragraph 5c(12) above.

\(f\) Flexible schedules shall not be established if they would result
in the payment of any additional premium pay for work to an employee, or
group of employees, who would not normally be entitled to premium pay
(e.g., night differential, overtime, holiday pay, etc.).

\(g\) If it is found that a particular flexible schedule has had or
would have an adverse impact (see par. 8), the facility Director shall
not establish or shall discontinue the flexible schedule(s) of affected
employees.

\(2\) **Credit Hours**

\(a\) Credit hours may be earned at the option of employees with
supervisory approval.

\(b\) Employees do not receive overtime pay for credit hours and, unlike
overtime, credit hours are not ordered in advance by management.
Employees on flexible work schedules may work them to shorten the length
of another workday or workweek. However, they may be used only after
approval by the appropriate approving official.

\(c\) Full-time employees may carry over no more than 24 credit hours
into the next pay period (part-time employees may carry over no more
than 25 percent of the hours in their biweekly basic work requirement).
\[ \]

\(d\) When an employee ceases to work in a work unit where credit hours
may be earned, the employee will be given the following options:

[1]{.underline}. Sufficient advance notice to use earned credit hours
prior to leaving the work unit;

[2]{.underline}. Compensation for the earned credit hours at the
employee's current rate of basic pay; or

[3]{.underline}. Transfer of the earned credit hours to the new work
unit, if credit hours have been authorized for that work unit.

\(e\) If compensated for credit hours, a full-time employee will be paid
for not more than 24 credit hours. A part-time employee will be paid for
not more than 25 percent of the hours in the employee's basic work
requirement. Credit hours will not be transferred between facilities.

\(3\) **Time and Attendance Records.** (See chapter 2, paragraph 11f(3)
of this part.)

\(4\) **Computation of Additional Pay for Employees on Flexible
Schedules**

\(a\) **Overtime Hours.** Paragraph 5c of this chapter contains a
definition of overtime hours for employees on flexible schedules. Such
employees, however, are also eligible for callback overtime if they meet
the conditions outlined in VA Handbook 5007.

\(b\) **Additional Pay for Night Work**

[1]{.underline}. **Full-Time Employees.** If the core time band is
during daytime hours (i.e., 6 a.m. to 6 p.m.) and the core time plus the
flexible time are less than 8 daytime hours, the employee is entitled to
tour differential for the difference between 8 hours and the available
number of daytime hours in the tour of duty. The employee, however, is
entitled to the appropriate tour differential for the entire tour if at
least 4 or more hours of the tour fall between 6 p.m. and 6 a.m.

[2]{.underline}. **Part-Time Employees.** A part-time employee is
entitled only to tour differential for nightwork performed during his or
her basic work requirement.

\(c\) **Additional Pay for Holiday Work**

[1]{.underline}. A full-time employee on a flexible schedule, who
performs non-overtime work on a day designated as his or her holiday, is
entitled to his or her rate of basic pay, plus the applicable amount of
additional pay for holiday work authorized under VA Handbook 5007, Pay
Administration, for each hour of non-overtime holiday worked.

[2]{.underline}. A part-time employee on a flexible schedule is entitled
to the applicable amount of additional pay for holiday work, authorized
under VA Handbook 5007 and chapter 2 of this part, for the number of
hours he or she was scheduled to work that day, up to a maximum of 8
hours. Part-time employees are not entitled to a day off in lieu of the
holiday. (See subparagraph (6) below.)

\(d\) **Additional Pay for Saturday or Sunday Work.** An employee on a
flexible schedule, who performs work on a Saturday or Sunday, shall be
entitled to additional pay for such work under the provisions of VA
Handbook 5007.

\(5\) **Absence and Leave**

\(a\) For employees on flexible schedules, time off during the flexible
and core time bands must be charged to the appropriate leave category,
compensatory time off or excused absence, if appropriate.

\(b\) The maximum amount of sick or annual leave an employee may apply
to his or her basic work requirement for any given day is the number of
hours the employee is scheduled to work that day.

\(6\) **Holidays.** A full-time employee on a flexible schedule,
relieved from working on a day designated as his or her holiday, shall
be entitled to pay with respect to that day for 8 hours. A part-time
employee prevented from working on the holiday shall be entitled to
basic pay for the number of hours he or she was scheduled to work that
day, up to a maximum of 8 hours. Part-time employees are not entitled to
a day off in lieu of the holiday.

\(7\) **Excused and Unexcused Absences.** On the flexitour, the
employee\'s selected starting and stopping times shall be used to
determine the amount of excused or unexcused absence to be granted
and/or charged. On the modified flexitour, the employee\'s selected
starting and stopping times shall be used unless the employee has
actually reported for work. In the latter instance, the actual time the
employee reports, and his or her basic work requirement for that day,
shall be used in making the determination.

\(8\) **Travel.** Time spent traveling away from the official duty
station by an employee during the hours and days of his or her regularly
scheduled tour of duty is considered hours of employment for the
purposes of this appendix. Time spent in travel status by an employee
outside of the regularly scheduled hours is compensable under the
following conditions:

\(a\) Travel outside regularly scheduled duty hours must be officially
ordered or approved and must meet one of the four conditions specified
in section 7453(e)(5) of title 38, United States Code; and

\(b\) On the flexitour, the employee\'s selected starting and stopping
times shall be used to determine if the employee is traveling during his
or her regularly scheduled hours. On the modified flexitour, the
employee\'s selected starting and stopping times shall be used unless
the employee has already reported for work. In this instance, the actual
time the employee reports, and his or her basic work requirements for
that day, shall be used in making the determination.

g\. **Compressed Workweeks**

\(1\) **General Requirements**

\(a\) Compressed work schedules shall be consistent with patient care
requirements. For example, compressed work schedules may be adopted to
expand clinic service hours, staff mobile clinics, or otherwise improve
service to veterans.

\(b\) The method of charging employees leave remains unchanged.

\(c\) Full-time physicians, dentists, podiatrists \[, chiropractors,\]
and optometrists participating in compressed workweeks remain
continuously subject to call unless officially excused by proper
authority. They will fulfill their minimum tour of duty and meet all
other obligations that require their attendance beyond the minimum tour
of duty (e.g., Medical or Admitting Office of the Day).

\(d\) Officials responsible for establishing work schedules may
establish compressed work schedules for employees covered by this
chapter. These officials may also restrict the types of compressed work
schedules that may be approved if necessary to meet patient care needs.

\(e\) Officials authorizing compressed work schedules for residents are
responsible for ensuring that they are adequately supervised.

\(f\) A compressed workweek may only be established if all daily tours
of duty within the compressed workweek are in whole hour increments,
excluding the meal period (e.g., eight 10-hour tours, eight 9-hour and
one 8-hour tour, or six 12-hour and two 4-hour tours of duty each
biweekly period). If, however, the meal period is considered hours of
work under this chapter, any daily tour of duty on such a day must be in
whole hour increments, including the meal period.

\(g\) Any previous method used to establish a compressed workweek (i.e.,
compensatory time off in lieu of regular overtime) shall be discontinued
upon the establishment of a compressed workweek under this subparagraph.

\(h\) A compressed workweek under this subparagraph and a flexible work
schedule under subparagraph f may not be simultaneously established in
the same work unit.

\(i\) A compressed workweek shall not be established in a work unit if
it will overlap an on-call tour of duty. A compressed workweek will not
be established if it would result in an entitlement to premium pay to
which an employee would not normally be entitled (e.g., night
differential, overtime, holiday pay, etc.).

\(j\) An employee in a work unit of an organization, which is not
covered by a collective bargaining agreement, shall not be required to
participate in any compressed workweek unless a majority of employees in
the work unit who would be included in the compressed workweek have
voted to be included. For the purpose of this vote, a majority is
obtained whenever the number of affirmative votes exceeds one-half the
number of employees in the work unit proposed for inclusion in the
compressed workweek. The specific procedures for this vote are left to
the approving official. Use of written secret ballots are encouraged,
however, since chapter 2, paragraph 11(g) of this part contains a
prohibition against the coercion of employees making such
determinations.

\(k\) If, upon written request of an employee, the official, or
designee, authorized to approve compressed workweeks, determines that
participation of an employee in a compressed workweek would be a
personal hardship, the approving official, or designee, shall:

[1]{.underline}. Except the employee from the compressed workweek; or

[2]{.underline}. Reassign the employee to the first position in the
affected organization:

[a]{.underline}. Which becomes vacant after such determination;

[b]{.underline}. Which is not included in a compressed workweek

[c]{.underline}. For which the employee is qualified: and

[d]{.underline}. Which is acceptable to the employee.

[3]{.underline}. Determinations under this subparagraph shall be made no
later than 10 days after the written request is received by the
appropriate deciding official.

\(l\) The approving official may exclude from compressed workweeks any
employee or group of employees whose inclusion would create an adverse
impact (see chapter 2, paragraph 11g(5).

\(2\) **Computation of Additional Pay**

\(a\) **Overtime Hours.** For full-time employees, the term
\["\]overtime hours\["\] refers to hours of work officially ordered or
approved and performed \[in excess of\] the basic work requirement. For
part-time employees, overtime hours are those hours of work \[performed
in excess of the basic work requirement for the day (but must be in
excess of 8 hours) or the week (but must be in excess of 40 hours). In
order to qualify for callback overtime on a compressed tour, the period
of callback must be outside of and unconnected with the employee's basic
work requirement and must qualify as overtime as stated above\].

\(b\) **Tour Differential**

[1]{.underline}. Employees are entitled to the tour differential for the
entire tour if at least 4 hours of such tour fall between 6 p.m. and 6
a.m.

[2]{.underline}. If less than 4 hours of such tour fall between 6 p.m.
and 6 a.m., the employee will be entitled to tour differential for each
hour of service performed between those hours.

\(c\) **Additional Pay for Holiday Work.** Employees on compressed work
schedules who perform non-overtime work on the day designated as their
holiday are entitled to their basic rate of pay, plus premium pay equal
to basic pay for that holiday work.

\(d\) Saturday Pay. Employee on compressed schedules are entitled to
additional pay for Saturday work if they perform work for which such
additional pay is authorized (see part V, chapter 6 of VA Handbook
5007).

\(e\) **Sunday Pay.** Employees on compressed schedules who perform work
during a period of service, a part of which is performed on Sunday, are
entitled to Sunday premium pay for the entire period of service (see
part V, chapter 6 of VA Handbook 5007).

\(3\) **Absence and Leave**

\(a\) **Holidays**

[1]{.underline}. **Full-Time Employees**

[a]{.underline}. When a holiday falls on a workday in the employees'
compressed workweek that workday shall be designated as their holiday.

[b]{.underline}. When a full-time employee on a compressed schedule has
[2]{.underline} non-workdays in the administrative workweek, the first
day off shall be considered the employee\'s \"Sunday\" and the second
day off shall be considered the employee\'s \"Saturday.\" If the holiday
falls on the employee\'s \"Sunday,\" the first workday following that
day shall be designated as the employee\'s day off in lieu of the
holiday. If the holiday falls on the employee\'s \"Saturday,\" the first
workday preceding that day shall be designated as the employee\'s day
off in lieu of the holiday. These rules shall apply whether or not the
employee\'s days off actually fall on Saturday or Sunday.

[c]{.underline}. When a full-time employee on a compressed workweek has
3 days off in the administrative workweek and the holiday falls on one
of these non-workdays, the following rules shall apply:

([1]{.underline}) When the holiday falls on the first or second day off
of the administrative workweek, the following workday should be
designated as the day off in lieu of the holiday.

([2]{.underline}) When the holiday falls on the third day off of the
administrative workweek, the preceding workday shall be designated as
the day off in lieu of the holiday.

[2]{.underline}. **Part-time Employees.** If a holiday falls on a day
during a compressed workweek for part-time employees, and if the
employees are prevented from working, they are entitled to pay for the
number of hours they were scheduled to work that day. Part-time
employees are not entitled to a day off in lieu of the holiday.

\(b\) **Leave.** Time off from an employee\'s basic work requirement
must be charged to the appropriate leave category unless the employee is
authorized compensatory time off or excused absence.

\(c\) **Excused and Unexcused Absences.** The amount of excused or
unexcused absence shall be based on the employee\'s established
compressed work schedule in effect for the period of the absence.

\(4\) **Criteria and Review.** See chapter 2, paragraph 11g(5).

\(5\) **Prohibition of Coercion.** See chapter 2, paragraph 11g(8).

[]{#PtIICh3para6 .anchor}\[**6. ALTERNATE WORK SCHEDULES FOR REGISTERED
NURSES**

a\. **General**. This section provides mandatory hours of duty and leave
policies and procedures related to a 36/40 Work Schedule and the Baylor
Plan and applies to nurses and nurse anesthetists appointed at VA
health-care facilities under 38 U.S.C. 7401(A) or 7405a(1)(A). This
section also provides procedures

related to the 9-Month Work Schedule for certain nurses and nurse
anesthetists appointed under 7405a(1)(A). This section applies to all
such nurses who are providing direct patient care services. The use of
Alternate Work Schedules is authorized by the Secretary in order to
obtain or retain the services of registered nurses at any Department
health-care facility.

b\. **References**

\(1\) 38 U.S.C. 7401(1), 7405a(1)(A) and 7456A.

c\. **Definitions.** The following definitions shall apply:

\(1\) **Administrative Workweek.** A period of seven consecutive
calendar days, which coincide with the calendar week, Sunday through
Saturday.

\(2\) **Alternate Work Schedules for Registered Nurses.**

\(a\) **36/40 Work Schedule.** Three regularly scheduled 12-hour tours
of duty within an administrative workweek that is considered for all
purposes to be a full 40 hour basic workweek.

\(b\) **9-Month Work Schedule.** Nine months full-time with three months
off duty within a fiscal year, paid at 75 percent of the full-time rate
for such nurse's grade and step each bi-weekly pay period of the fiscal
year.

\(c\) **Baylor Plan.** Two regularly scheduled 12-hour tours of duty
contained entirely within the first and last day of the administrative
workweek (Sunday and Saturday).

\(3\) **Basic Work Requirement.** The number of hours during a bi-weekly
pay period, excluding overtime hours which an employee is required to
work or required to account for by taking official leave.

\(4\) **Bi-weekly Pay Period.** The pay period covering two
administrative workweeks.

\(5\) **Overtime Work.** For full-time Alternate Work Schedule employees
the term overtime hours refer to hours of work officially ordered or
approved and performed outside of and in addition to the basic work
requirements.

\(6\) **Nurses.** A registered nurse (RN) or nurse anesthetist appointed
under 38 U.S.C. 7401(1) or

7405a(1)(A), but does not include graduate nurse technicians, nurse
technicians, student nurse technicians, or the Chief Nursing Officer of
the Nursing Services in VA Central Office, who is appointed under 38
U.S.C. 7306.

\(7\) **Tour of Duty.** Under Alternate Work Schedules, an employee's
tour of duty is synonymous with the employee's basic work requirement
set by the authorizing official.

\(8\) **Work Unit.** An entity located in one place with a specific
mission and with homogeneous procedures or technology and headed by a
supervisor or manager authorized to certify the employee\'s

VA Form 4-5631, Time and Attendance Report, or other applicable agency
documents for reporting employees\' work schedules.

d\. Planning Alternate Work Schedules. A 36/40, 9-Month, and/or the
Baylor Plan Alternate Work Schedule require advanced planning and
effective employee communication. The positive and negative effects of
such Alternate Work Schedules must be carefully considered. If employees
affected are in an exclusive unit of recognition the employee
involvement will be provided by or coordinated with their exclusively
recognized labor organization (only to the extent that Section 7422 does
not apply). Questions in this regard should be referred to the Labor
Relations staff. A comprehensive analysis of the work require-ments in
the work unit and evaluating the potential impact on the three types of
Alternate Work Schedules on the functions of the work unit should be
made. This includes special attention to the following:

\(1\) Workload Characteristics

\(a\) Tasks which must be performed within a specific period or
according to a predetermined schedule;

\(b\) How workflow can be adjusted to accommodate a system of a 36/40,
9-Month, or the Baylor Plan work schedules;

\(c\) The coordination required between work units and functions and
employee scheduling;

\(d\) The period of daily or weekly peak workloads where all or most of
the employees in the work unit must be present;

\(e\) The employee coverage required during public service hours; and

\(f\) The effect of such schedules on efficiency and productivity of the
workload.

\(2\) **Criteria to Implement the Alternate Work Schedules for
Registered Nurses**

\(a\) **VA Nurses Who May Request a 36/40 Work Schedule**. All full-time
or part-time registered nurses and nurse anesthetists under 7401(1) and
7405 appointed to title 38 positions are eligible to request a 36/40
Work Schedule authorized by PL 108-445, except the following:

\(1\) Graduate nurse technicians

\(2\) Nurse technicians pending graduation

\(b\) **Justification**: To maximize the recruiting and retention
benefits authorized under PL 108-445 all title 38 RNs except those noted
above may request the 36/40 Work Schedule.

\(c\) **VA Nurses Who May Request a 9-Month Work Schedule**. All
full-time or part-time registered nurses and nurse anesthetists under
7401(1) and 7405 appointed to title 38 positions are eligible to request
a 9-Month Work Schedule authorized by PL 108-445, except the following:

\(1\) Graduate nurse technicians

\(2\) Nurse technicians pending graduation

\(d\) **Justification**: While it is anticipated that the employee will
work 9-months consecutively within a fiscal year, the Facility Director
may approve a non-consecutive work schedule. To maximize the recruiting
and retention benefits authorized under PL 108-445, all title 38 RNs
except those noted above may request a 9-Month Work Schedule.

\(e\) **VA Nurses Who May Request a Baylor Plan Work Schedule**. All
full-time or part-time registered nurses and nurse anesthetists under
7401(1) and 7405 appointed to title 38 positions are eligible to request
the Baylor Plan work schedule authorized by PL 97-251, except the
following:

\(1\) Graduate nurse technicians

\(2\) Nurse technicians pending graduation

\(f\) **Justification**: To maximize the recruiting and retention
benefits authorized under PL 97-251, all title 38 RNs except those noted
above may request the Baylor Plan work schedule.

e\. **Delegation of Authority and Responsibilities.**

\(1\) Directors of field facilities or their designees are authorized to
grant permission for any applicable RN who requests to work one of the
Alternate Work Schedules authorized by Section 4 of PL 108-445 or by PL
97-215 (Baylor Plan).

\(2\) The Facility Director will make the decision based on the
recruiting and retention needs of the unit or facility in general.

\(3\) Supervisors are responsible for assuring that sufficient staff and
personnel specialists are scheduled to be present to carry out
operations in an efficient and economical manner. To meet this
responsibility, supervisors may place restrictions on the shift start
and stop times of individual employees. Supervisors are also responsible
for taking appropriate action if an employee under his or her
jurisdiction fails to meet his or her responsibilities in subparagraph
(4).

\(4\) Registered nurses or nurse anesthetist working under Alternate
Work Schedules are expected to work their full tour of duty. Abuse may
result in termination of an employee\'s Alternate Work Schedule and/or
appropriate disciplinary action.

\(5\) The Director has the option not to establish the work schedule if
it is found that a particular Alternate Work Schedule would have an
adverse impact on the Departments health-care facility.

\(6\) The Director may discontinue the Alternate Work Schedule(s) of the
affected employees if it is determined that a particular Alternate Work
Schedule has an adverse impact on the Departments health-care facility.

f\. **Appointments.** Nurses shall only be placed on an Alternate Work
Schedule at the beginning of administrative workweek and taken off at
the end of an administrative workweek.

\(1\) **36/40 Work Schedule**. Nurses on a 36/40 Work Schedule are
considered a 0.90 full-time equivalent employee in computing full-time
equivalent employees for the purposes of determining compliance with
personnel ceilings. The use of this Alternate Work Schedule is
authorized by the Secretary in order to obtain or retain the services of
registered nurses at any Department health-care facility.

\(2\) **9-Month Work Schedule**. Nurses on a 9-Month Work Schedule with
3 months off shall be considered a 0.75 full-time equivalent employee in
computing full-time equivalent employees for the purposes of determining
compliance with personnel ceilings. An appointment under Section 7405,
requires the employee's written consent, to work full-time for nine
months with 3 months off duty, within a fiscal year. The use of this
Alternate Work Schedule is authorized by the Secretary in order to
obtain or retain the services of registered nurses at any Department
health-care facility.

\(3\) **Baylor Plan**. Nurses on the Baylor Plan are considered to be
serving on a full-time basis for all personnel management purposes,
except for the computation of full-time equivalent employees for the
purposes of determining compliance with personnel ceilings. Therefore,
employees serving on less than a full-time basis must be converted to a
full-time appointment in accordance with VA Handbook 5005, upon or
before being placed on the Baylor Plan. When selecting nurses to be
placed on the Baylor Plan, preference shall be given to current
employees appointed under 38 U.S.C. 7401(1). Temporary nurses may only
be used as a last resort in order to obtain adequate nurse staffing.

g\. **Benefits.**

\(1\) Nurses appointed under the Alternate Work Schedule will receive a
written notice of the effect, if any, that the Alternate Work Schedule
will have on the employee's health and life insurance premiums,
retirement, probationary status, or other benefits or condition of
employment. Part-time nurses have no tenure or appeal rights related to
tenure. The notice shall be provided not later than 14 days (work days)
before the employee consents to the Alternate Work Schedule.

\(2\) **36/40 Work Schedule**. Nurses on a 36/40 Work Schedules are
considered to be full-time employees for all purposes related to
benefits.

\(3\) **9-Month Work Schedule**. Nurses on a 9-Month Work Schedule are
considered part-time employees (0.75 full-time equivalent) for purposes
of computing benefits under Chapters 83 and 84 of title 5 and are
considered full-time employees for purposes of Chapter 89.

\(4\) **Baylor Plan**. Nurses on the Baylor Plan are considered to be
serving as a full-time employees for all purposes related to benefits.

h\. **Implementation Procedures.**

\(1\) Nurses requesting the 36/40 Work Schedule or the Baylor Plan must
complete VA Form 0870a, Request for Alternate Work Schedule. The
completed form is to be submitted to the employee's servicing Human
Resources (HR) office.

\(2\) Nurses requesting the 9-Month Work Schedule must complete VA Form
0870a, Request for Alternate Work Schedule and VA Form 0870b, Consent of
Appointment for 9-Month/3-Month Off Alternate Work Schedule. The
completed forms are to be submitted to the employee's servicing HR
office.

\(a\) The employee will initiate the process by completing VA Form
0870a, Request for Alternate Work Schedule. Once this schedule has been
approved, HR will contact the employee and provide them with either the
Notice on the 9-Month Work Schedule Regarding the Impact on Benefits and
Other Conditions of Employees for New Hires **or** the Notice on the 9
Month Work Schedule Regarding the Impact on Benefits, Probationary
Status and Other Conditions of Employment -- Conversion from Full-Time
to Part-Time/Current Part-time to 9-Month Work Schedule, as appropriate.
Employees must be provided a copy of the appropriate Notice at least 14
days (work days) prior to completion and signing of VA Form 0870b,
Consent of Appointment for 9- Month/3-Month Off Alternate Work Schedule.
Employees will be responsible for submitting this form to their
servicing HR office. A copy of the approved VA Form 0870a must be given
to the employee and the original filed on the left side of the
employee's Official Personnel Folder (OPF). HR staff should annotate
that this form should not be removed from the OPF until the employee is
no longer on a 9-Month Work Schedule.

\(b\) A sample copy of the Notices for new hires and conversion to a
9-Month/3-Month Off Work Schedule are respectively located in Appendix E
and F. A copy of the Notice, signed and dated by the employee, should be
filed on the left side of the employee's OPF. HR staff should annotate
that the Notice should not be removed from the OPF until the employee is
no longer on a 9-Month Work Schedule.

\(c\) Although a 9-Month Work Schedule is based on the fiscal year, it
is permissible for an RN to start a 9-Month Work Schedule anytime during
the fiscal year, as long as the effective date is the beginning of a pay
period.

\(d\) Employees approved to work a 9-Month/3-Month Off Alternate Work
Schedules are expected to fulfill their work schedule obligations. The
scheduling of off duty days must have supervisory approval and need to
be made in advance at the time of initial appointment and at the
beginning of each fiscal year thereafter as long as the schedule is in
effect. If an employee receives pay for off- duty days prior to earning
the entitlement and subsequently separates from VA for personal reasons,
(e.g., life event situation, retirement, resignation) or for cause (e.g.
unacceptable performance or conduct), the employee may be subject to
debt collection actions for any salary overpayments. Salary overpayments
will be subtracted from the employee's final pay. Employees who separate
prior to receiving pay for off duty time earned will receive a lump sum
payment of the total pay due upon separation.

i\. **Policy Against Certain Work Hours.** Registered nurses on any work
schedule shall not provide direct patient care in excess of 12
consecutive hours or in excess of 60 hours in any 7-day period, except
in the case of nurses providing emergency care.

j\. **Health Administration Facility Certification**. Public Law 108-445
requires that not later than one year after the enactment of this Act,
and every year thereafter for the next two years, the Secretary of VA
shall submit a report to Congress certifying that each Department
health-care facility has a policy in place that prevents nurses from
providing direct patient care (other than nurses providing emergency
care) from working in excess of 12 consecutive hours or 60 hours in any
7-day period. As such, each VHA Medical Center Director will submit form
"Certification of Compliance with Provisions of Department of Veterans
Affairs Health Care Personnel Enhancement Act of 2004", Appendix H, to
the Office Human Resources Management and Labor Relations, Worklife and
Benefits Service (058) by December 1, commencing in calendar year 2006
and terminating in 2010. This information will be complied for
certification by the

Secretary and an attendant report submitted to Congress by January 5, of
the corresponding calendar year. Each facility should maintain records
in order to ensure that the certification of this policy is easily
accessible for review and compliance. At the discretion of VHA senior
management this certification may be continued at the conclusion of the
mandatory reporting period.

k\. **Time and Attendance Records.** (see chapter 2, paragraph 11f(3))
of this part.

l\. **Computation of Pay for Registered Nurses on Alternate Work
Schedules.** Policies concerning pay administration for nurses on
Alternate Work Schedules such as a 36/40, 9-Month and the Baylor Plan
are contained in VA Handbook 5007, Pay Administration.

m\. **Computation of Additional Pay for Registered Nurses on the
Alternate Work Schedules.** Policies concerning pay administration for
nurses on Alternate Work Schedules such as a 36/40,

9-Month and the Baylor Plan are contained in VA Handbook 5007, Pay
Administration.

n\. **Overtime Hours.** Paragraph 6(c) of this chapter contains a
definition of overtime hours for employees on Alternate Work Schedules.
Such employees, however, are also eligible for call-back overtime if
they meet the conditions outlined in VA Handbook 5007. To ensure the
continuity of patient care services, and [only when
necessary]{.underline}, management can require mandatory overtime. For
nurses working under the Alternate Work Schedule, overtime means:

\(1\) 36/40 Work Schedule. A registered nurse is entitled to overtime
pay for performing officially ordered or approved overtime services as
follows:

\(a\) Service in excess of 36-hour tour of duty within a 40 hour
administrative workweek.

\(b\) Service in excess of 12 hour for any day included in the nurse's
regularly scheduled 36-hour tour of duty.

\(c\) Service in excess of 8 hours on a day other than a day the nurse
is regularly scheduled to work a 12-hour tour of duty.

\(d\) Service in excess of 40 hours during an administrative workweek.

\(2\) 9-Month Work Schedule. Registered nurse is entitled to overtime
pay for performing officially ordered or approved overtime service as
follows, regardless of whether it is performed during the

9-month duty period or the 3-month off duty period:

\(a\) Service in excess of 40 hours in an administrative workweek.

\(b\) Service in excess of 8 hours in a day. For nurses on Alternate
Work Schedules, overtime pay is payable for service performed in excess
of the employee's daily workweek.

\(3\) Baylor Plan. A nurse on the Baylor Plan is entitled to overtime
pay under 38 U.S.C. 7453(e) or (i) for performing officially ordered and
approved overtime service as follows:

\(a\) Service in excess of 24 hours on the weekend.

\(b\) Service in excess of 8 hours on a day other than Saturday or
Sunday.

\(c\) All or part of actual service performed in excess of 40 hours in
an administrative workweek, provided such payments were officially
authorized. NOTE: *Hours of duty during the basic workweek shall be
credited on an hour-for-hour basis when computing the amount of service
performed during the administrative workweek.*

o\. Additional Pay. Policies concerning pay administration for
registered nurses on Alternate Work Schedules such as a 36/40, 9-Month
and the Baylor Plan are contained in VA Handbook 5007, Pay
Administration. This includes tour differential, weekend pay, holiday,
and on-call pay.

p\. **Absence and Leave**

\(1\) **36/40 Work Schedule**. For nurses on a 36/40 Work Schedule, time
off on approved sick leave or annual leave during a regularly scheduled
12-hour tour of duty should be charged for such leave at a rate of ten
hours of leave for every nine hours of absence (charged 1.111 for each
hour).

\(2\) **9-Month Work Schedule**. For nurses on a 9-Month Work Schedule,
time off on approved sick leave or annual leave during a regularly
scheduled tour of duty should be charged one hour for each hour of sick
or annual leave taken.

\(3\) **Baylor Plan**. Nurses on the Baylor Plan shall be charged 1.667
hours of approved sick leave or annual leave for each hour of sick or
annual leave taken. Leave shall be charged only for absences from the
basic workweek.

q\. **Holidays.** (See part III, chapter 3, paragraph 8(a)(b)). *An
in-lieu non-workday shall not be authorized for a nurse, nurse
anesthetist, PA or EFDA who works on a holiday or the day designated as
a holiday.*

r\. **Excused and Unexcused Absences.** On a 36/40 and the Baylor Plan
Alternate Work Schedule, the hours unavailable during the expected tour
of duty shall be used to determine the amount of excused or unexcused
absence to be granted and/or charged (1.111 leave per hour for
36/40-hour work schedule and

1.667 leave per hour for the Baylor Plan). On the 9-Month Alternate Work
Schedule, the employee\'s selected shift start and stop time shall be
used unless the employee has actually reported for work. In the latter
instance, the actual time the employee reports and his or her basic work
requirement for that day, shall be used in making the determination.

s\. **Prohibition of Coercion.** See chapter 2, paragraph 11g(8).\]

\[**CHAPTER 4. ALTERNATIVE WORKPLACE ARRANGEMENTS (TELEWORK)**

**1. PURPOSE.** This chapter sets forth Departmental policies and
procedures on flexible work arrangements (telework). Telework provides
employees with the opportunity to perform their work at locations other
than the traditional office setting. It may include home-based telework,
community-based telecenters, mobile and virtual offices, and U.S.
General Stores. This chapter covers employees under the General
Schedule, including those covered by the Performance Management and
Recognition System Termination Act of 1993, members of the Senior
Executive Service (SES), and employees compensated under the Federal
Wage System (FWS). On a case-by-case basis, this chapter also covers
Veterans Health Administration (VHA) employees appointed under 38
U.S.C., chapters 73 and 74.

[]{#PtIICh4Para2 .anchor}**2. POLICIES AND** **PROCEDURES**

a\. Telework may benefit the Department and employees by providing an
alternative work situation, which may improve services to veterans,
improve productivity, help recruit and retain personnel, and improve the
quality of life of participants.

b\. Employees who meet the criteria for telework may participate in
telework arrangements in accordance with applicable laws, and collective
bargaining agreements. Participation in a telework arrangement is
subject to supervisory approval. Whenever appropriate, management may
consider establishing telework arrangements to meet its needs as well as
those of employees. Employee participation in a telework arrangement is
voluntary. Telework provides managers, supervisors, and employees with
alternatives to the traditional worksite in accomplishing work
objectives. Telework may be used as a reasonable accommodation for
employees with qualifying disabilities under the Americans with
Disabilities Act, 42 U.S.C. § 12101 [et seq]{.underline}. However, each
telework arrangement must meet the minimum requirements as specified in
paragraph 6.

c\. The primary intent of the program is to support the mission of the
office in an alternative work setting. Telework must not be used as an
alternative to or in lieu of dependent care.

d\. Telework arrangements may be established at community-based
telecenters, the employee's residence, and mobile/virtual offices when
determined by work unit supervisors to be consistent with the mission of
VA.

e\. Prior to initiating, modifying, or terminating a telework
arrangement that affects employees in a collective bargaining unit,
appropriate labor relations obligations must be fulfilled.

f\. It is recommended that each supervisor conduct a periodic review of
the telework arrangements to determine the impact on work operations.

g\. If management determines that a telework arrangement is not meeting
the operational needs of the organization, the arrangement will be
modified no sooner than two weeks after the employee is notified, or in
accordance with the required notice periods specified in applicable
collective bargaining agreements. Supervisor modification or termination
of the arrangement requires two weeks notice [except]{.underline} where:

\(1\) otherwise specified in a collective bargaining agreement,

\(2\) work-related circumstances require otherwise, e.g., emergency
situation,

\(3\) management determines that the teleworker is not meeting
performance criteria,

\(4\) the employee breached information security protocol, or

\(5\) the employee works overtime without prior advanced approval.

h\. Equal employment opportunity principles are fully applicable to the
operation of this program.

**3. RESPONSIBILITIES**

a\. Under Secretaries, Assistant Secretaries, Other Key Officials. These
officials, or their designees, are responsible for implementation and
administration of telework programs and this policy within their
organizations; ensuring that managerial, logistical, organizational, or
other barriers to implementation and successful functioning of the
telework program are removed; and approving or discontinuing telework
arrangements in VA Central Office. Each Administration will be required
to provide timely employee participation data to meet the Departmental
annual reporting requirement; specifically July 15 of each calendar year
until otherwise notified. Reporting data will be submitted to the Office
of Human Resources and Labor Relations, Worklife and Benefits Service.

b\. Facility Directors. Facility Directors are responsible for
implementing telework programs and approving or discontinuing telework
arrangements for employees under their jurisdiction. The approval of
telework arrangements should be coordinated with facility Human
Resources Management Officers and Information Security Officers.

c\. The Deputy Assistant Secretary for Human Resources Management and
Labor Relations will advise management and operating officials on the
policies and procedures in this chapter.

d\. Supervisors are responsible for determining position and employee
suitability for telework arrangement and coordinating the completion of
the User's Remote Computing Security Agreement with the employee. The
Agreement is available in the "VA Remote Access Guidelines" located at
the VA intranet address
<http://vaww.admin./vpn.va.gov/one-va-vpn/home/VARemoteAccessGuidelines.doc>.

Supervisors must then ensure that the employee coordinates the request
for remote access through the Information Security Officer. They must
also ensure adequate coverage during public business hours, that
operations continue to be carried out in an efficient and economical
manner, and that participating and non-participating employees are
treated equitably.

e\. Employees are responsible for maintaining productivity and for
fulfilling their obligation to account for a full day\'s work.

f\. Employees are responsible for working with their supervisor in
completing the User's Remote Computer Security Agreement and
coordinating the request for remote access with the facility Information
Security Officer.

**4. REFERENCES**

a\. Office of Personnel Management Memorandum, "Alternative Workplace
Arrangements (Flexiplace)," dated October 21, 1993.

b\. OPM Guidance to Heads of Executive Department and Agencies (February
9, 2001).

c\. President's Management Council National Telecommuting Initiative
Action Plan.

d\. Public Law 105-277, Omnibus Appropriations Act, Title IV, § 630.

e\. Public Law 106-346 Sec. 359, Department of Transportation and
Related Agencies Appropriations, 2001 (October 23, 2000).

f\. Public Law 106-359, Joint Resolution making further continuing
appropriations for the fiscal year 2001, and for other purposes (October
26, 2000).

g\. 5 U.S.C. § 552a.

**5. DEFINITIONS**

a\. Community-based Telecenter is an office typically in a space owned
or leased through General Services Administration (GSA), and/or other
Federal government facility, which may be shared by multiple agencies,
or a satellite office of a single agency where an employee works one or
more days in the workweek. For an update of the most recent telework
centers, see GSA/OPM Web site
*[www.gsa.TeleWork.gov](http://www.gsa.TeleWork.gov/).*

b\. Home-based/Work-at-Home Telework means allowing employees to use
information technology and communication packages to work one or more
days in the workweek at the employee's place of residence.

c\. Mobile/virtual office means a location or environment, which may
include customer sites, hotels, cars, or at home, where an employee
performs work through the use of portable information technology and
communication packages.

d\. Official duty station means the official duty station for an
employee\'s position of record as indicated on the most recent
notification of personnel action.

e\. Telework means working from an alternative worksite, rather than the
traditional office. This may be an employee\'s home or a telework
center. Flexiplace, telecommuting, work-at-home, and telework all refer
to paid employment away from the traditional office. The terms
Flexiplace, telecommuting, and telework are synonymous and may be used
interchangeably.

[]{#PtIICh4Para6 .anchor}**6. TELEWORK CRITERIA**

a\. **Participation.** Participation in a telework arrangement is
voluntary. Position suitability and availability of staff and resources
are considerations for management when determining employee
participation.

\(1\) Telework is a voluntary work arrangement that can be terminated by
the employee or supervisor at any time with appropriate notice, at least
two weeks. However, for employees covered by a collective bargaining
agreement, the notice must be consistent with the agreement. In the
event of a change in supervisor, the supervisor shall evaluate the need
to continue the telework arrangement and inform the employee of their
decision to continue or terminate the arrangement, consistent with
applicable collective bargaining agreements.

\(2\) VA employees selected for telework arrangements must have a
performance rating of successful or equivalent. They should have a
history of being reliable, responsible, and able to work independently.
Both full-time and part-time employees may participate in a telework
arrangement. Telework is not recommended for trainee positions.

\(3\) The supervisor is responsible for determining how many days per
week are appropriate for a telework arrangement. Each arrangement to
telework is to be considered individually.

\(4\) The supervisor should discuss the requirements and expectations of
the telework arrangement with the employee prior to recommending
approval of a telework agreement.

\(5\) All teleworkers and their immediate supervisors should receive
training designed to provide the employee and supervisor with a smooth
transition to telework. Statistical studies show that participants who
receive training have a much better chance at succeeding.

b\. **Position Suitability**

\(1\) Management officials are responsible for determining which
positions are appropriate for telework arrangements consistent with
labor relations obligations.

\(2\) Position suitability should be reviewed by management officials
based on the functions and duties of the position rather than the title.
Tasks that can be performed away from the traditional office are
generally more suited for a telework arrangement. In some instances,
duties performed in the traditional office location could be separated
from the employee\'s duties and performed at the alternate worksite.
This approach to \"job reengineering\" can assist in providing
appropriate avenues toward telework. Guidelines for position suitability
include but are not limited to:

\(a\) Work activities must be portable and can be performed effectively
outside the traditional office location;

\(b\) Job tasks are quantifiable or primarily project-oriented;

\(c\) Contact with other employees, the supervisor or manager, and
serviced clientele is predictable and normally scheduled;

\(d\) The computer technology needed to perform work off-site is
currently available;

\(e\) Employees may be linked electronically to the traditional office
location by computer and modem or may simply take work to the
alternative worksite, requiring no computer;

\(f\) No classified documents may be taken to, used, or stored at an
employee\'s home office or telecenter. The employee must return to the
traditional office to access and work on such documents or materials;
and

\(g\) Privacy Act materials, evidence, or sensitive documents (hard copy
or electronic) may be accessed remotely provided that the employee
agrees to protect Government/VA records from unauthorized disclosure or
damage and will comply with the requirements of the Privacy Act of 1974,
5 U.S.C. § 552a, and all applicable Federal law and regulations, VA
Directive and Handbook 6210, and other applicable VA policies.

c\. **Process for Establishing a Telework Arrangement**

\(1\) The employee completes VA Form 0740a (Appendix II-B of this
handbook), Telework Proposal, which describes how the proposed
arrangement would work and submits it to the immediate supervisor.

\(2\) The immediate supervisor makes a preliminary determination as to
position and employee suitability for telework.

\(3\) The immediate supervisor agrees/disagrees to the employee's
participation and approves/disapproves the Telework Proposal noting any
modifications to the proposal.

\(4\) The immediate supervisor and employee develop a telework agreement
which lists all terms and conditions for the telework arrangement
(Appendix II-A of this handbook), and complete the User's Remote
Computer Security Agreement. The Agreement is available in the "VA
Remote Access Guidelines" located at the VA intranet address

<http://vaww.admin./vpn.va.gov/one-va-vpn/home/VARemoteAccessGuidelines.doc>.

\(5\) The employee notifies the Information Security Officer (ISO) of
the telework arrangement and obtains ISO certification approving that
the appropriate security controls are in place.

\(6\) If this is a work-at-home Telework Proposal, the employee must
complete a VA Form 0740b (Appendix II-C of this handbook), Telework
Self-Certification Safety Checklist, and submit it to the immediate
supervisor.

\(7\) VA Form 0740a, Telework Proposal, a telework agreement, approved
ISO certification and VA Form 0740b, Telework Self-Certification Safety
Checklist (if appropriate), are submitted to the designated management
official or his/her designee within the chain of command for final
approval by signing the Telework Proposal.

\(8\) Management must address all collective bargaining obligations if
applicable.

\(9\) If a telework arrangement is denied, the Telework Proposal form
must annotate the reason why the request was denied. The decision to
deny the telework agreement is not subject to any formal appeal
procedure; however, it may be grieved under applicable negotiated
grievance procedures.

\(10\) If a telework arrangement is approved, the employee and immediate
supervisor sign the telework agreement.

d\. **Minimum Participation Criteria**

\(1\) The employee's position must be suitable to telework.

\(2\) All appropriate forms must be completed and contain approval
signatures (VA Form 0740a, Telework Proposal, Telework Agreement, and if
appropriate, VA Form 0740b, Self-Certification Safety Checklist).

\(3\) The telework arrangement must not adversely affect VA's mission
and functions. If, at any time, it is determined that an arrangement is
having an adverse impact on work operations or performance, the
supervisor or the employee may terminate the arrangement with two weeks
notice. Supervisor modification or termination of the arrangement
requires two weeks notice except where:

\(a\) otherwise specified in a collective bargaining agreement,

\(b\) work-related circumstances require otherwise, e.g., emergency
situation,

\(c\) management determines that the teleworker is not meeting
performance criteria,

\(d\) the employee breached information security protocol, or

\(e\) the employee works overtime without prior advanced approval.

e\. **Automated Information System Security**. Each Administration and
Staff Office with a telework program will ensure that Departmental
information security policies, established by the Office of Information
and Technology, are strictly enforced and that telework employees are
informed that periodic remote computer surveillance may be conducted to
ensure information security policy compliance. Each telecommuter will be
assigned a VA-owned computer or agree to have the One

VA-VPN software installed on their personal computers. Technical
requirements for computer connections to the VA network by telecommuters
will be published and issued by the CIO. Offices sponsoring telework
must also ensure that adequate technological security protections are in
place on all electronic devices issued to telework participants. If
Federal and VA information security policies, procedures and guidelines
are not followed, telework must be terminated. Prior notice to the
employee is not required for enforcement and reporting of security
violations. Additional security policy information and clarification can
be obtained from the VA Office of Information and Technology, Office of
Cyber and Information Security (005S). (See VA Directive 6210, Automated
Information Systems Security, and VA Directive 6000, VA Information
Resources Management Framework.).

f\. **Security and Privacy Considerations.**

\(1\) No classified documents (hard copy or electronic), may be taken
to, used, or stored at an employee's home office or telecenter. The
employee must return to the traditional office to access and

work on such documents or materials. Privacy Act materials and VA data
and systems may be accessed remotely provided that the employee agrees
to protect Government/VA records from unauthorized disclosure or damage.
The employee must also comply with all legal requirements (for example,
Privacy Act of 1974, 5 U.S.C. § 552a), policies and procedures (for
example, VA Directive and Handbook 6210) identified by the
Administration or Staff Office as necessary to protect the VA data and
systems to which the employee will have access under the telework
arrangement. Prior notice to the employee is not required to terminate
telework arrangements due to security violations.

\(2\) If any legal requirements (for example, Privacy Act of 1974, 5
U.S.C. § 552a), departmental and office policies and procedures change
(for example, VA Directive and Handbook 6210), the employee, upon proper
notice, agrees to comply with the changed requirements. Failure to so
agree constitutes a basis for termination of the employee's
participation in the program.

g\. **Telework Agreement.**

\(1\) Each teleworker, whether in a telecenter or a home-based office,
must sign a telework agreement. The agreement covers the terms and
conditions of participation in the telework program. The agreement is
not a contract, but rather serves as a document that defines all
expectations and parameters of the arrangement (see Appendix II-B for a
sample agreement). At a minimum, the agreement must include:

\(a\) a preamble statement of voluntary participation;

\(b\) the identity of the signatories, duty station and alternative
worksite;

\(c\) a description of the work schedule and tour of duty;

\(d\) a description of required equipment/supplies an explanation of the
responsible provider;

\(e\) provisions describing requirements for leave, overtime, liability,
work area (for work at home only), worksite inspection, alternative
worksite costs, injury compensation, cancellation, privacy obligations,
standards of conduct, and paragraph on appropriate disciplinary or
adverse action; and

\(f\) parameters of work assignments to be performed as well as
performance criteria.

\(2\) The telework agreement must be approved by the employee's
immediate supervisor and appropriate approving official. Before
approving agreements, supervisors and approving officials must determine
the impact the telework arrangement will have on work operations.

\(3\) The completed agreement should be forwarded to the servicing human
resources office and is to be used for administrative reporting purposes
only (see paragraph 3.a). If the completed agreement is retrieved by
individual identifiers such as the individual's name or social security
number, then the provisions of the Privacy Act (PA) 5 U.S.C. § 552a will
apply. If use of a satellite telecenter is approved, the Departmental
Telework Coordinator, or other designee, will contact General Services
Administration (GSA) to procure available space and initiate a written
Interagency Agreement for services.

h\. **Performance Evaluation.** The performance of an employee on a
telework arrangement should be evaluated based on the applicable
performance standards for his or her position or for that portion of the
overall performance plan which applies. Supervisors and employees should
fully discuss performance expectations in the initial phase of the
process of establishing a telework arrangement to assure expectations
are fully understood. Performance should be measured on achieved
results. Periodic reviews between the supervisor and the employee are
encouraged.

i\. **Time and Attendance Accounting.** The employee\'s time and
attendance will be recorded as performing official duties at the
official duty station or alternative worksite, as applicable. To verify
attendance at the alternative worksite, supervisors may periodically
contact the employee and/or permit employee self-certification. To help
ensure that employees on telework arrangements work as scheduled,
supervisors should focus on the completion of work products as
applicable.

j\. **Work Schedule.** Based on work requirements, supervisors may
arrange telework schedules to allow employees to work on a telework
arrangement one day per pay period, one day per week, or as often as
five days per week. Normally, the supervisor may change telework
schedules only with notice to the employee in advance of the applicable
administrative workweek. Work unit supervisors may also approve
alternative work schedules for employees on telework arrangements when
doing so is consistent with work requirements. Supervisor modification
or termination of the arrangement requires two weeks notice except
where:

\(1\) otherwise specified in a collective bargaining agreement,

\(2\) work-related circumstances require otherwise, e.g., emergency
situation,

\(3\) management determines that the teleworker is not meeting
performance criteria,

\(4\) the employee breached information security protocol, or

\(5\) the employee works overtime without prior advanced approval.

k\. **Leave.** Current absence and leave policies and regulations apply
to employees on telework arrangements.

l\. **Emergency Closing/Group Dismissal.** On a day when an employee is
scheduled to work at the Alternative Worksite and their official duty
station facility is closed for all or part of a day, the following rules
apply:

\(1\) [Full Day Closing]{.underline}. The employee is not *required* to
perform work at the ADS. However, if the employee *voluntarily* chooses
to perform any work at the ADS, the employee is not entitled to
additional compensation such as overtime, compensatory time, or credit
hours.

\(2\) [Late Openings]{.underline}. On a day when an employee is
scheduled to work at the ADS and the employee's official duty station
facility opens late, the employee is entitled to the exact amount of
excused absence the employee would have received if scheduled to work at
the official duty station. In this situation, the voluntary work
provisions in Paragraph 1 of this Section apply.

\(3\) [Late Arrivals and Early Dismissals]{.underline}. On days when a
late arrival or early dismissal occurs, the employee is required to
perform their full ADS schedule if located at home.

\(4\) On a case-by-case basis, an agency may excuse a telework employee
from duty during an emergency if the emergency adversely affects the
telework site (e.g., disruption of electricity, loss of heat, etc.).

m\. **Ad Hoc Arrangements.** When management determines exigent
circumstances exist (for example, an employee's sudden illness
precluding work at the official duty station), management may institute
an ad hoc telework arrangement without completion of required
documentation. Ad hoc arrangements should only be instituted to assist
employees and management in unforeseeable and unavoidable emergency
circumstances, and to ensure improvement of services to veterans,
increase productivity, recruit and retain personnel, and improve the
quality of life of participants. After effecting an ad hoc arrangement,
a telework agreement should be completed at the earliest possible
opportunity.

n\. **Pay.** All entitlements for pay, including locality based
comparability pay, special salary rates, and travel benefits will be
based on the employee\'s official duty station. Premium pay entitlements
are not affected by a telework arrangement, including coverage under the
Fair Labor Standards Act (FLSA), if applicable. *(Note: Employees
covered by FLSA should be given explicit written instructions not to
exceed daily and weekly overtime pay limits).* The premium pay
provisions in VA Handbook 5007, Pay Administration, Chapter 2, Section
2, shall apply to hybrid title 38 employees who are being paid premium
pay on the same basis as nurses.

o\. **The Alternative Worksite.**

\(1\) The alternative worksite must be suited to conducting business.
Before a work-at-home Telework Proposal and Work Agreement are approved,
the employee must complete a VA Form 0740b, Telework Self-Certification
Safety Checklist, and submit it to the immediate supervisor.

\(2\) The supervisor and employee should identify resources needed to
facilitate the work assignment, assuring all property and equipment
needs are satisfied in accordance with the telework agreement.

NOTE: GSA has developed a number of telework centers, commonly called
telecenters, across the country and in the Washington, DC area.
Information about the interagency agreement for renting space and
billing procedures for use of telecenters can be obtained at the
following Web site:
[http://www.gsa.TeleWork.gov](http://www.gsa.TeleWork.gov/).

p\. **Expenses and Equipment**

\(1\) The Department may issue and/or pay for equipment, software,
equipment maintenance, and repair based on the availability of funds and
equipment. Work-at-home arrangements may require minimal equipment such
as pen and paper; or they may require considerable equipment such as
computers, modems, additional telephone lines, fax and copying
machine(s), as well as, telecom-munications for connectivity including
high speed data communications, such as, cable modems, DSL or ISDN
lines. The decision to purchase or provide Government issued equipment
is discretionary on the part of management.

\(2\) When needed, the Department may pay expenses associated with
working- at-home such as: pens, paper, phone charges (long-distance and
other); and the cost of computers, typewriters, fax machines, computer
software, modems, and equipment maintenance and repair. Employees will
incur the costs of additional electrical outlets and telephone lines.

\(3\) Employees will incur the cost of utilities associated with
working-at-home. In some limited situations, VA may pay for telephone
installation when the service is considered essential and the employee
agrees that the installed telephone will only be used for work
assignments and contact with the VA office.

q\. **Liability and Worker\'s Compensation.** Employees on telework
arrangements are covered under the Federal Tort Claims Act and the
Federal Employees' Compensation Act. As with injuries which occur in the
traditional office setting, for injuries that occur during telework
arrangements, supervisors may only attest to what they reasonably know.
In all situations, employees are responsible for informing their
immediate supervisor of an injury at the earliest time possible.

r\. **Telework Coordinators and Teams.** It is recommended that each
operating Administration and Staff Office designate a Telework
Coordinator to implement, monitor, and track administration of their
respective telework program(s). Telework teams may be formed at all
levels of the organization to include human resources, information
technology, and security to respond to the personnel, equipment,
security, and other issues associated with telework arrangements.

**7. EVALUATION.** It is recommended that telework arrangements be
evaluated periodically to determine the impact on work.

**8. TERMINATION.** The telework arrangement must meet the operational
needs of the Department and VA's ability to accomplish its mission and
functions. If not, the supervisor may terminate the arrangement after
meeting any applicable notice requirements. For bargaining unit
employees, termination is subject to applicable provisions of their
collective bargaining agreements.

Since telework is a voluntary work arrangement, the employee may
terminate it at any time with appropriate notice, at least 2 weeks. For
bargaining unit employees, termination is subject to applicable
provisions of their collective bargaining agreements.

**APPENDIX A.**

**SAMPLE ALTERNATIVE WORKPLACE TELEWORK AGREEMENT**

The following constitutes an agreement between the employer (VA
approving official and organization) and employee (name, title, grade,
and organization) to the terms and conditions of this alternative
workplace arrangement. This is neither a contract nor intended to create
any contractual obligations between the parties.

**1. Voluntary Participation.** The employee voluntarily agrees to work
at the agency-approved alternative workplace indicated below and to
follow all applicable policies and procedures. The employee recognizes
the telework arrangement is not an employee benefit but an additional
method the agency may approve to accomplish work.

**2. Trial Period.** The employee and management agree to try out the
arrangement for at least (specify number) months unless unforeseen
difficulties require earlier termination.

**3. Salary and Benefits.** Management agrees that a telework
arrangement is not a basis for changing the employee\'s salary and
benefits.

**4. Duty Station and Alternative Worksite.** The employee and
management agree that the employee\'s official duty station is (list
duty station for regular office) and that the employee\'s approved
alternative worksite is (specify location, street address, etc.). The
employee understands that all pay, leave, and travel entitlements are
based on the official duty station. With reasonable notice to the
employee, management has the right to change the days spent at the
official duty station or alternative worksite.

**5. Official Duties.** The employee agrees to only perform official
duties when on duty at the regular office or alternative worksite. The
employee agrees not to conduct personal business while in official duty
status at the alternative worksite, for example, caring for dependents.

**6. Work Schedule and Tour of Duty.** Management and the employee agree
that the employee\'s official tour of duty will be (specify days, hours,
and location).

**7. Time and Attendance.** The employee\'s supervisor will ensure that
the employee\'s timekeeper has a copy of the employee\'s telework work
schedule. The employee\'s time and attendance will be recorded as
performing official duties at the official duty station or alternative
worksite, as applicable.

**8. Leave.** The employee agrees to follow established office
procedures for requesting and obtaining approval of leave.

**9. Overtime.** The employee agrees to work overtime only when ordered
and approved by the supervisor in advance and understands that working
overtime without such approval may result in termination of the telework
arrangement and/or other disciplinary action.

**10. Equipment/Supplies.** The employee agrees to protect any
government-owned equipment and to use it only for official purposes.
Management agrees to install, service, and maintain any government-owned
equipment issued to the telework employee. The employee agrees to
install, service, and maintain any personal equipment used. Management
agrees to provide the employee with necessary office supplies and to
reimburse the employee for [business-related]{.underline} long distance
telephone calls. Management has the option to provide the employee with
a government-issued calling card for [business-related]{.underline} long
distance calls.

**11. Liability.** The employee understands that the government will not
be liable for damages to an employee\'s personal or real property while
the employee is working at the approved alternative worksite, except to
the extent the government is held liable by the Federal Tort Claims Act
or the Military Personnel and Civilian Employees Claims Act.

**12. Work Area (work-at-home only).** The employee agrees to provide a
distraction-free worksite adequate for the performance of official
duties, and sign the Self-Certification Safety checklist.

**13. Worksite Inspection.** The employee agrees to permit the
government to inspect the alternative worksite during the employee\'s
normal working hours to ensure proper maintenance of government-owned
property and conformance with safety standards. The employer will give
the employee reasonable notice of a planned inspection.

**14. Alternative Worksite Costs.** The employee agrees that the
government will not be responsible for any operating costs that are
associated with the employee using his or her home as an alternative
worksite, for example, home maintenance or utilities. The employee
understands that he or she does not relinquish any entitlement to
reimbursement for authorized expenses incurred while performing official
duties, as provided for by statute or regulation.

**15. Injury Compensation.** The employee understands that he or she is
covered by the Federal Employees' Compensation Act if injured while
performing official duties at the alternative worksite. The employee
agrees to notify the supervisor immediately of any accident or injury
that occurs at the alternative worksite and to complete any required
forms.

**16. Work Assignments/Performance.** The employee agrees to complete
all assigned work according to procedures mutually agreed upon by the
employee and the supervisor. The employee\'s performance will be
evaluated against standards contained in the employee\'s performance
plan.

**17. Cancellation.** The employee may cancel participation in the
telework arrangement at any time with appropriate notice, at least 2
weeks. Supervisor modification or termination of the arrangement
requires 2 weeks notice except where (1) otherwise specified in a
collective bargaining agreement, (2) work-related circumstances require
otherwise, e.g. emergency situation, (3) management determines that the
teleworker is not meeting performance criteria, (4) the employee
breached information security protocol, or (5) the employee works
overtime without prior advanced approval. The decision to cancel the
telework arrangement is not subject to any formal appeal procedure;
however, it may be grieved under applicable negotiated grievance
procedures. Management agrees to allow the employee to resume his or her
regular work schedule at the official duty station if the telework
arrangement is canceled. Management agrees to follow any applicable
negotiated procedures in canceling the arrangement.

**18. Disclosure.** The employee agrees to protect government/VA records
from unauthorized disclosure or damage and will comply with the
requirements of the Privacy Act of 1974, (5 U.S.C. § 552a), Federal
privacy laws and regulations, and VA policies and procedures.

**19. Standards of Conduct.** The employee agrees that he or she is
bound by VA standards of conduct while working at the alternative
worksite.

**20. Agreement.** Nothing in this agreement precludes management from
taking any appropriate disciplinary or adverse action against an
employee who fails to comply with the provisions of the agreement.

[ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Employee Date

[ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Employer (title of Approving Official) Date

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[]{#PtIIAppD .anchor}![](media/image4.png){width="6.995833333333334in"
height="9.075in"}

[]{#PtIIAppE .anchor}Date:

From: Chief, Human Resources Management Service (05)

Subject: Notice on the 9-Month Work Schedule Regarding the Impact on
Benefits and Other Conditions of Employment (New Employee)

To: (Name of Employee), RN ( )

As a new employee who has elected the 9-Month Work Schedule under Title
38, Section 7456A(d) you are considered to be a part-time employee (0.75
full-time equivalent). As such, your conditions of employment at this
Medical Center are as follows:

1\. Tenure: Appointments under 38 U.S.C. 7405(a)(1) do not provide
employees with job retention rights, grievance rights or appeal rights
as it relates to separation. As a part-time employee you are employed at
the will of the agency and your employment may be terminated from the
Medical Center at any time without advance notice.

2\. Retirement: Your annuity will be prorated based on the fraction that
your part-time service bears to full-time service.

3\. Leave: Sick leave accrues at the rate of 1 hour for each 20 hours in
a pay status with no limitation on the amount which may be carried over
to the next leave year. Annual leave accrues for part-time employees at
the rate of 1 hour for each 10 hours in a pay status with a maximum
carryover of 240 hours at the end of a leave year.

4\. Health Benefits: You are entitled to the same health benefits as a
full-time employee and your health insurance premiums will be computed
at the full-time rate.

5\. Life Insurance: You if may elect basic life insurance. Your basic
life insurance benefit will be based according to your annual rate of
basic pay, with a minimum benefit of \$10,000 if your annual pay is
\$8,000 or less. If you have elect additional optional insurance, your
benefit is based on your annual rate of basic pay. The premiums for
basic and additional optional insurance will be based according to your
annual basic pay. Standard optional and family optional insurance
benefits and premiums will remain the same.

6\. Thrift Savings Plan (TSP): You may contribute to TSP, up to the
Internal Revenue Service elective deferral limits. Employees who are
under the Federal Employees Retirement System (FERS) will receive an
agency automatic 1% contribution and agency matching contributions,
which will be based on your part-time annual salary.

7\. Service Commitment: During your employment on a 9-Month/3-Month Off
Alternate Work Schedule, you are expected to complete a specified period
of service during the fiscal year. The

scheduling of off duty days must have supervisory approval and need to
be made in advance at the time of initial appointment and at the
beginning of each fiscal year thereafter as long as the schedule is in
effect. If you separate from VA for personal reasons or cause (e.g. life
event situation, retirement, resignation, removal due to unacceptable
performance or conduct), you may be indebted for any pay received in
excess of the amount to which you are entitled. By signing this notice
you agree that any outstanding overpayment of salary will be offset from
your final paycheck, and such offset may occur without prior
notification. You will receive such notification, including your right
to dispute the debt or request waiver, at the time of offset or as soon
thereafter as possible. If you separate prior to receiving earned
payments for periods of off duty time, you will receive any payments due
in lump-sum upon separation.

Upon review of this notice, please sign and date the attached notice of
acknowledgement and return it the Human Resources office.

To: Chief, Human Resources Management Service (05)

I understand that my appointment under the 9-Month Work Schedule is
considered to be part-time and will provide me with reduced employee
rights, benefits and salary. Appointments under 38 U.S.C. 7405(a)(1) do
not provide employees with job retention rights, grievance rights or
appeal rights as it relates to separation. As a part-time employee I am
employed at the will of the agency and my employment may be terminated
from the Medical Center at any time without advance notice.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

[]{#PtIIAppF .anchor}

Date:

From: Chief, Human Resources Management Service (05)

Subject: Notice on 9-Month Work Schedule Regarding the Impact on
Benefits, Probationary Status and

Other Conditions of Employment -- Conversion from Full-time to
Part-time/Current Part-time

to 9-Month Work Schedule

To: (Name of Employee), RN ( )

Upon conversion to a 9-Month Work Schedule under Title 38, Section
7456A(d) you are considered to be a part-time employee (0.75 full-time
equivalent). Your conversion from permanent full-time under 38 U.S.C
7401(1) to part-time employment under 38 U.S.C. 7405(a)(1) will change
the conditions of your employment at this Medical Center in the
following manner:

1\. Tenure: Appointments under 38 U.S.C. 7405(a)(1) do not provide
employees with job retention rights, grievance rights or appeal rights
as it relates to separation. As a part-time employee you are employed at
the will of the agency and your employment may be terminated from the
Medical Center at any time without advance notice.

2\. Probationary Status: If you were serving a probationary period at
the time of conversion, the probationary period ceases. The period of
time completed under the probationary period is frozen on the date of
conversion to part-time status. If you return to a full-time appointment
under 38 U.S.C 7401(1) you will resume completion of your remaining
probationary period.

3\. Retirement: Your annuity will be prorated based on the fraction that
your part-time service bears to full-time service.

4\. Leave: Sick leave accrues at the rate of 1 hour for each 20 hours in
a pay status with no limitation on the amount which may be carried over
to the next leave year. Annual leave accrues for part-time employees at
the rate of 1 hour for each 10 hours in a pay status with a maximum
carryover of 240 hours at the end of a leave year.

5\. Health Benefits: You are entitled to the same health benefits you
enjoyed as a full-time employee and your health insurance premiums will
be computed at the full-time rate.

6\. Life Insurance: If you elected basic life insurance, your benefit
will be decreased according to your annual rate of basic pay, with a
minimum benefit of \$10,000 if your annual pay is \$8,000 or less. If
you have elected additional optional insurance, your benefit is
decreased in proportion to the new annual rate of basic pay, with no
minimum benefit. The premiums for basic and additional optional
insurance will be adjusted according to the decreased benefit. Standard
optional and family optional insurance benefits and premiums will remain
the same.

7\. Thrift Savings Plan (TSP): You may contribute to TSP up to the
Internal Revenue Service elective deferral limit. Employees who are
under the Federal Employees Retirement System (FERS) will receive

an agency automatic 1% contribution and agency matching contributions.
The agency automatic 1% contributions will be based on your new reduced
annual salary.

8\. Service Commitment: During your employment on a 9-Month/3-Month Off
Alternate Work Schedule, you are expected to complete a specified period
of service during the fiscal year. The scheduling of off duty days must
have supervisory approval and need to be made in advance at the time of
initial appointment and at the beginning of each fiscal year thereafter
as long as the schedule is in effect. If you separate from VA for
personal reasons or cause (e.g. life event situation, retirement,
resignation, removal due to unacceptable performance or conduct), you
may be indebted for any pay received in excess of the amount to which
you are entitled. By signing this notice you agree that any outstanding
overpayment of salary will be offset from your final paycheck, and such
offset may occur without prior notification. You will receive such
notification, including your right to dispute the debt or request
waiver, at the time of offset or as soon thereafter as possible. If you
separate prior to receiving earned payments for periods of off duty
time, you will receive any payments due in lump-sum upon separation.

Upon review of this notice, please sign and date the attached notice of
acknowledgement and return it the Human Resources office.

To: Chief, Human Resources Management Service (05)

I understand that my conversion to part-time employment under 38 USC
7405(a) (1) from full-time permanent under 38 USC 7401(1) will provide
me with reduced employee rights, benefits and salary. Appointments under
38 U.S.C. 7405(a) (1) do not provide employees with job retention
rights, grievance rights or appeal rights as it relates to separation.
As a part-time employee I am employed at the will of the agency and my
employment may be terminated from the Medical Center at any time without
advance notice.

I hereby voluntarily, knowingly and without coercion or undue influence,
waive my rights and benefits under 38 USC 7401(1) and accept conversion
to part-time employment under 38 USC 7405(a) (1) effective
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

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[]{#PtIIAppI .anchor}\[**APPENDIX I. PRESCHEDULED PART-TIME TOURS**

**AND THE UTILIZATION OF ADJUSTABLE WORK HOURS (TITLE 38)**

**1. PURPOSE OF ADJUSTABLE WORK HOURS**

a\. **Coverage.** Adjustable work hours is a program established to
accommodate varying VA patient care needs and part-time VA physicians
who have VA or non-VA patient care, research, or educational
responsibilities that make adherence to the same regularly scheduled
tour of duty every pay period difficult. Adjustable tours are
appropriate, for example, for part-time physicians at active affiliated
facilities with extensive patient care, research, and educational
responsibilities who *frequently* encounter emergencies or other
unanticipated obligations that require them to deviate from their
scheduled tour of duty. Adjustable work hours provide a means for
minimizing this problem.

b\. **Exclusions.** The following employees shall not be placed in
adjustable work hours:

\(1\) Part-time physicians with fixed work requirements and part-time
physicians who do not routinely need to adjust their tours of duty; and

\(2\) Part-time title 38 employees other than physicians**.**

c\. **Premium Pay.** Part-time physicians are ineligible for premium
pay.

**2. DEFINITIONS**

a\. **Adjustable Work Hours.** See paragraph 1a above.

b\. **Administrative Workweek.** The administrative workweek includes
Sunday through the following Saturday.

c\. **Annual Service Level Expectation.** The number of hours in a
service year part-time physicians on adjustable work hours are expected
to be present during the service year.

d\. **Biweekly Work Requirement.** For part-time physicians on
adjustable work hours, the total number of hours an employee is
scheduled to work during the pay period or to otherwise account for
through the use of approved leave. The work requirements of part-time
physicians on adjustable work hours are dependent upon VA patient care
and other work requirements. All or a portion of the biweekly
requirement may be set as a tour of duty (specific hours that the
employee must be on duty). However, all of the hours in the biweekly
work requirement can be variable if such an arrangement meets VA's
needs. These physicians need not be scheduled for duty every biweekly
pay period if VA duty is not required. The biweekly work requirement may
remain stable throughout the life of the Memorandum of Service Level
Expectations, or may be adjusted by the supervisor on a pay period to
pay period basis.

e\. **Memorandum of Service Level Expectations, VA Form 0880a.** VA Form
0880a is a written memorandum of understanding between VA and the
part-time physician on adjustable work hours that specifies an expected
level of service during a service year.

f\. **Present**. To be considered present and to have time count toward
the annual work requirement, a part-time physician on adjustable work
hours must be engaged in VA clinical, administrative, research, or
educational activities as outlined in chapter 3, paragraph 2g, this
part.

g\. **Service Year.** The one-year period covered by a signed VA (see
paragraph 4d below).

h\. **Tour of Duty.** Since the biweekly work requirement and schedule
of part-time physicians on adjustable work hours may vary from pay
period to pay period, they do not have a tour of duty, per se. However,
a tour of duty will be noted in ETA reflecting the average number of
hours to be worked per pay period as stipulated on the Memorandum of
Service Level Expectations. The tour of duty forms the basis on which
the employee will be paid while the Memorandum of Service Level
Expectations is in effect.

**3. RESPONSIBILITIES**

a\. **VISN Directors** are responsible for:

\(1\) Monitoring facility compliance with the provisions of this
appendix and for incorporating such compliance into performance
contracts of appropriate subordinate employees; and

\(2\) Recommending or taking disciplinary action against facility
Directors or others who fail to meet the responsibilities outlined in
this appendix.

b\. **Facility Directors** are responsible for:

\(1\) Establishing local policies related to adjustable work hours. If
adjustable work hours are used, the facility policy must contain
procedures for auditing management and employee compliance (see
paragraph 6 below);

\(2\) Adjusting the work hours of part-time physicians to levels that
are consistent with VA physician staffing guidelines, patient care
requirements, and other VA work requirements;

\(3\) Ensuring all current and newly appointed part-time physicians are
made aware of their responsibilities with regard to VA time and
attendance procedures;

\(4\) Enlisting the cooperation of affiliate officials in the
implementation of VA time and attendance policies and procedures;

\(5\) Incorporating compliance into the performance contracts of
appropriate subordinate employees and recommending or taking
disciplinary action against employees or management officials who fail
to fulfill their responsibilities; and

\(6\) Approving or terminating VA Form 0880a, or delegating this
responsibility to appropriate facility official(s).

c\. **Chiefs of Staff** are responsible for:

\(1\) Providing the facility Director with assistance in carrying out
the provisions of this appendix;

\(2\) Reviewing proposals to establish or terminate a VA Form 0880a, and
making recommendations to the facility Director level regarding
appropriate utilization of such employees (whether part-time employment
is appropriate, whether the proposed staff mix is appropriate, and
whether the recommend level of part-time employment is consistent with
VA patient care or other work requirements); and

\(3\) Ensuring part-time physicians and their immediate supervisors
carry out their responsibilities. This includes recommending or taking
disciplinary action where appropriate.

d\. **Clinical Service Chiefs, Service Line Managers, and Other
Supervisors** are responsible for:

\(1\) Recommending approval or termination of a VA Form 0880a for
employees under their supervision;

\(2\) Ensuring subordinate employees have received required training
related to time and attendance procedures;

\(3\) Monitoring levels at which part-time physicians are employed so
they are consistent with appropriate staffing guidelines, as well as VA
patient care or other work requirements; and for promptly recommending
adjustments when appropriate;

\(4\) Establishing and adjusting biweekly work requirements for
subordinate employees based on VA patient care and other work
requirements (see paragraph 5a below); and for approving or disapproving
written requests from employee to adjust their biweekly work
requirements based on VA patient care or other work requirements;

\(5\) Notifying the timekeeper promptly whenever leave requests or
changes to an employee's biweekly work requirement have been approved;

\(6\) Certifying time and attendance records of employees under their
supervision, and ensuring time and attendance records reflect actual
attendance (see paragraph 6 below);

\(7\) Monitoring the amount and type of time part-time physicians under
their supervision have worked during their service year to ensure it is
consistent with the approved VA Form 0880a , and for promptly
recommending termination of VA Form 0880a when appropriate;

\(8\) Investigating excessive requests for unscheduled hours or absences
as these may be indicative of performance or staffing problems. An
excessive number of requests may also indicate the type of appointment
is inappropriate or the service level expectations should be changed
(e.g., hours increased or decreased); and

\(9\) Recommending or taking appropriate disciplinary action whenever
employees fail to comply with the provisions of this appendix or falsify
time and attendance records.

e\. **Chief, Human Resources Management Service or Equivalent**
**Individual** is to:

\(1\) Provide advice and assistance to management officials and
employees regarding VA work scheduling requirements and adjustable work
hours for part-time physicians;

\(2\) Perform the reconciliation process as described in paragraph 9a
below; and

\(3\) Ensure that supervisors have received required training related to
time and attendance procedures.

f\. **Chiefs of Fiscal Service or Equivalent Individuals** are
responsible for:

\(1\) Ensuring timekeepers have received required training related to
time and attendance procedures; and

\(2\) Ensuring required semi-annual audits of time and attendance
reports have been completed as required by VA Manual MP-6, Part V,
Supplement 2.2.

g\. **Employees** are responsible for:

\(1\) Agreeing to service level expectations as outlined in paragraph 4
below;

\(2\) Knowing their approved biweekly work requirement and mandatory
scheduled hours (if any) and for submitting written requests for
supervisory approval to deviate from their biweekly work requirement or
mandatory scheduled hours. Such requests must be submitted and approved
in advance whenever possible;

\(3\) Monitoring amount and type of time they have worked during the
service year to ensure the amounts is consistent with the Memorandum of
Service Level Expectations;

\(4\) Complying with all policies and procedures associated with
adjustable work hours; and

\(5\) Fulfilling their entire biweekly work requirement and being
present during mandatory scheduled hours unless absent on approved leave
or where a deviation is properly authorized by their supervisor, and for
adhering to all other locally established time and attendance
procedures.

**4. MEMORANDUM OF SERVICE LEVEL EXPECTATIONS, VA Form 0880a**

a\. **General.** Part-time physicians placed on adjustable work hours
must sign a Memorandum of Service Level Expectations (including
part-time physicians on adjustable work hours on the effective date of
this change). Under the Memorandum, VA and the part-time physician reach
an annual service level expectation based on anticipated VA patient care
or other work requirements and physician availability. Each part-time
physician on adjustable work hours is to be paid the same amount each
biweekly pay period, computed as provided in paragraph 8 below. VA
officials establish biweekly work requirements and schedules for their
employees based on recurring or known patient care and other VA needs.
The biweekly work requirement and/or schedule may be changed [with the
supervisor's written approval]{.underline} (which may be in electronic
format, e.g., e-mail, etc.). However, if VA duty is not required, the
biweekly work requirement of physicians on adjustable work schedules are
to be so annotated.

b\. **Terms of the Memorandum.** VA Form 0880a does not constitute an
employment contract. It does not obligate VA to provide a physician with
the level of employment outlined in the Memorandum, nor does it obligate
a physician to provide the expected level of service. However, whenever
possible, either VA or the employee should give the other advance notice
whenever any VA Form 0880a is to be terminated and terminations should
coincide with the end of a pay period (see subparagraph 4g below).

c\. **Content of VA Form 0880a.** VA Form 0880a contains an expected
level of commitment and estimates the amount of time a physician is
expected to dedicate to patient care, administrative, research, and
educational activities. These activities are defined in paragraph 2g of
chapter 3 of this part. A worksheet to assist in allocating such time is
also provided in Appendix K to this part.

d\. **Effective Dates of VA Form 0880a.** VA Form 0880a is to be 1 year
in length. The agreed level of service shall be commenced on the first
day of a pay period.

e\. **Approval of VA Form 0880a.** VA Form 0880a is to be prepared and
approved by the facility Director, or designee. Copies of the approved
memorandum are to be provided to the part-time physician, the
physician's supervisor, and a copy should be filed in the employee's
payroll folder. The original signed form is to be filed on the left hand
side of the employee's Merged Records Personnel Folder.

f\. **Limitations.** The amount of service may not exceed 1820 hours in
a service year (seven eights of full-time employment).

g\. **Adjustment of VA Form 0880a.** The total expected service on VA
Form 0880a may not be modified, but if an adjustment is required, the
existing Memorandum of Service Level Expectations must be terminated and
reconciled as outlined in paragraph 9a below. Accordingly, a new VA Form
0880a must be established.

h\. **Termination of VA Form 0880a**

\(1\) Termination by VA or Physician. Whenever possible, either party
should give the other advance notice that a VA Form 0880a is going to be
terminated, and the termination of VA Form 0880a should coincide with
the end of a pay period. VA or the physician may terminate VA Form 0880a
at any time. Such terminations shall be in writing and filed on the left
hand side of the employee's Merged Records Personnel Folder. VA
officials shall promptly terminate VA Form 0880a whenever it no longer
forms the appropriate basis for compensating the physician. When VA
terminates a VA Form 0880a prior to the expiration period, the
employee's services should be reviewed to determine whether a fixed work
schedule, another type of VA appointment, or termination from employment
is appropriate.

\(2\) **Automatic Termination.** VA Form 0880a automatically terminates
on its expiration date. It also terminates if a physician leaves VA
employment for any reason, transfers to another VA facility, moves to an
excluded position (e.g., movement to a part-time position with a fixed
schedule or conversion to full-time, intermittent, fee basis or without
compensation employment), or signs a new VA Form 0880a.

\(3\) **Reconciliation.** When VA Form 0880a is terminated as outlined
under paragraphs g or h(1) or (2) above, it must be reconciled in
accordance with paragraph 9a below.

**5. SCHEDULING AND TIMEKEEPING**

a\. Establish Work Schedules Based on Known Work Requirements.
Supervisors must ensure adequate patient care coverage and that VA work
requirements are met. These requirements are to be reviewed and
employees' work schedules are to be adjusted to reflect those
requirements. Whenever possible, such adjustments will be made in
advance of the administrative workweek.

b\. Procedures for Substitutes. When VA and the employee sign VA Form
0880a, they are to agree upon procedures for ensuring the continuation
of patient care activities when the employee is absent. If a substitute
is provided, that substitute is to be appropriately credentialed and
privileged and informed about relevant patient care issues.

c\. Time and Attendance Reports. All part-time physicians placed on
adjustable work hours will record their time and attendance using the
automated procedures in paragraph (1) below.

\(1\) **Documenting Time and Attendance through the Veterans Health
Information Systems and Technology Architecture (VistA) through the use
of the Electronic Subsidiary Record (ESR)**

\(a\) **Establishment of the Biweekly Work Requirement.** Supervisors
will establish a biweekly work requirement for employees on adjustable
work hours and this requirement will be documented in writing. All or a
portion of the biweekly requirement may be set as a tour of duty
(specific hours that the employee must be on duty). However, all of the
hours in the biweekly work requirement can be variable if such an
arrangement meets VA's needs. Periodically, supervisors are to assess
the need for employees' services and make appropriate adjustments in the
biweekly work requirement as necessary. If there is a need to adjust an

employee's biweekly work requirement, the approved change will be
documented in writing by the supervisor. Whenever possible, adjustments
to an employee's biweekly work requirement should be approved in
advance. However, in emergent situations, the supervisor can approve
such changes on a retroactive basis. In all cases, the supervisor's
approval of a change in the biweekly work requirement will be documented
in writing.

\(b\) **Timekeeper.** Prior to the beginning of each pay period, an ESR
for each week of the pay period will be prepared for each part-time
physician on adjustable work hours based on the biweekly work
requirement.

\(c\) **Employee.** Employees are to record their time and attendance on
a daily basis in the ESR.

\(d\) **Supervisor.** Supervisors are to verify and document that the
biweekly work requirement has been met or accounted for by an
appropriate leave charge, or that there has been an approved change to
the biweekly work requirement. After verification, the supervisor will
approve the ESR.

**6. OTHER REQUIRED METHODS FOR DOCUMENTING TIME AND ATTENDANCE**

a\. **Obligation to Document.** Facility management and supervisory
officials are responsible for ensuring time and attendance of part-time
physicians is properly documented. The method(s) used must be
incorporated into facility policy and are to be sufficiently
comprehensive to assure outside reviewers that required VA duty has been
performed. Suggested methods for doing this are outlined in paragraph b
below.

b\. **Suggested Methods for Documenting Time and Attendance**

\(1\) Have employees physically report to a specifically identified
employee or alternate;

\(2\) Periodically visiting the clinic/procedure areas where part-time
staff are assigned and observe whether the part-time physicians
scheduled for duty are in fact present;

\(3\) Review charts or other records of scheduled patients seen by the
part-time physician involved. This includes reviewing charts to ensure
they are signed (thereby documenting proper supervision of residents);

\(4\) Review other records such as operating room logs, postoperative
notes, minutes of meetings, operations reports, and other material that
document the presence of employees; and

\(5\) Verify that the physician involved signed on to a VA computer
system from an authorized location.

**7. LEAVE**

a\. **General.** There is no change in leave accrual rates for part-time
physicians on adjustable work hours. Accrual rates are based on actual
service (1 hour of annual leave for each 10 hours in a pay status

and 1 hour of sick leave for each 20 hours in a pay status). The minimum
leave charge is one-quarter hour, and the maximum annual leave carryover
is 240 hours. Part-time employees on adjustable work hours are also
entitled to all other types of leave (e.g., court leave, military leave,
and leave without pay).

b\. **Requirement to Request Leave for all Scheduled Duty.** Employees
on adjustable work hours must request the appropriate type of leave
whenever they are absent from scheduled duty or when they will not meet
their established biweekly work requirement. Approval of leave is based
on VA patient care or other work requirements. Such leave is to be
requested in advance except in emergencies, and, if leave is not
properly approved, the employee shall be considered to be absent without
leave.

**8. PAY COMPUTATION**

a\. **Basic Pay.** Employees on adjustable work hours are entitled to
biweekly pay computed by dividing annual rate of pay by 2080, and
multiplying the result by the hours allocated to the pay period (annual
work requirement computed under paragraph 4a above divided by 26).

b\. **Pay Adjustments.** Compensation received under VA Form 0880a shall
be adjusted to reflect all changes in pay. This includes adjustments to
reflect annual pay increases, tenure increases, and all other changes in
the rate of total pay.

c\. **Examples**

\(1\) **Example 1:** Over the next service year, a part-time physician
commits to spend time at VA as follows: 832 hours of clinical
activities, 104 hours in administrative activities, 26 hours in
educational activities, and 156 hours performing approved research. The
employee's total expected commitment would be 1118 hours per annum, or
43 hours a pay period (1118/26). Dividing the annual rate of pay by 2080
and multiplying each result by 43 determines the amount of pay the
employee is to receive each pay period.

\(2\) **Example 2:** Over the next service year, a part-time physician
commits to spending 1248 hours in clinical activities, 156 hours in
administrative activities, 26 hours related to educational activities,
and 260 hours performing approved research. The employee's total
expected commitment would be 1690 hours per annum, or 65 hours a pay
period (1690/26). Dividing the employee's annual rate of pay by 2080 and
multiplying that hourly rate by 65 determines the amount of pay the
employee receives each pay period.

d**.** **Substitutes.** Only hours of work performed by an employee may
be deducted from the annual service commitment. Any substitute provided
on behalf of an employee is subject to the conditions of the
substitute's appointment.

**9. ADMINISTRATION OF MEMORANDA OF SERVICE LEVEL EXPECTATIONS**

a\. **Reconciliation of Memoranda.** When a memorandum expires or is
terminated, the salary and benefits paid are to be reconciled against
the amount of work performed during the term of VA Form 0880a. The human
resources office shall determine the number of hours the employee should
have worked between the beginning and expiration or termination of VA
Form 0880a (i.e., the number of hours allocated to each pay period under
paragraph 8a above multiplied by the number of full pay periods between
the beginning and ending date of VA Form 0880a) and then determine the
number of hours the employee worked during this period, compute any
applicable overpayment or underpayment. Based on information received
from the human resource office, the payroll office will take the
necessary steps for underpayment or overpayment. In the case of an
overpayment, a SF 1114, Bill of Collection, will be issued to the
employee.

b\. **Reconciliation of Leave Balances.** In addition to the
determination of whether an underpayment or overpayment occurred, the
human resources office must also determine whether an adjustment to the
part-time physician's leave balances must also be made. For example, if
a memorandum of service level expectations set an employee's expected
service at 1040 hours, and the reconciliation showed that the employee
actually worked 1060 hours, the employee's leave account should be
credited with 2 hours of annual leave and one hour of sick leave. On the
other hand, if the same employee worked only 1020 hours, 2 hours of
annual leave and one hour of sick leave should be deducted from the
employee's leave balance. The payroll office is to be informed to take
necessary actions to adjust leave balances when needed.

c\. **Deceased Employees.** If an employee dies while employed by VA, a
notice should be mailed to the person claiming the employee's unpaid
compensation at the time of death. If no compensation was due to the
employee at the time of their death, then the notification should be
mailed to the legally entitled beneficiary designated on the SF 1152,
Designation of Beneficiary, Unpaid Compensation of Deceased Civilian
Employee, or the person(s) designated by the order of precedence
outlined in 5 U.S.C. 5582, if they can be located. If there is no record
of any beneficiary, then the notification should be mailed in the
employee's name to the last address of record. If the employee worked
hours for which the employee was not compensated, all salary and fringe
benefits due are to be paid on behalf of the employee. The legally
entitled beneficiary of their unpaid compensation may file claims for
such employees. Claims by these beneficiaries should be processed in the
same manner as for any other claimant except that payments will be
handled using procedures for payment of beneficiaries of deceased
employees. See VA Manual MP-4, Part II, chapter 4.

d\. **Waiver of Overpayment.** If an SF-1114 is issued under paragraph
9a above, the overpayment liability may not be waived.

**10. UTILIZATION OF PART-TIME EMPLOYEES**

a\. **Reviewing Utilization of Employees.** Using the criteria in VA
Handbook 5005, Part II, chapter 3, paragraph 2, and paragraph 10b below,
facility Directors, or their designees, are to review the appointments
of employees covered by this appendix. Appointments shall be reviewed on
an annual basis and more

frequently if there are indications that the type of appointment may not
be facilitating the accomplishment of VA patient care or other work
requirements.

b\. **Employment Authorities**

\(1\) **Part-Time Appointments.** Physicians may be appointed on a
part-time basis under Section 7405(a)(1)(a) of Title 38, United States
Code. Part-time appointments normally imply regularly scheduled tours of
duty that do not significantly change from one pay period to another.
However, part-time physicians should be placed on adjustable work
schedules if they have VA or non-VA patient care, research or
educational responsibilities that make adherence to regularly scheduled
tours of duty impractical. It is important to note that part-time
appointments are only appropriate in situations where the physician's
duties and responsibilities are to be performed at the VA facility,
regardless of whether the tour is fixed or adjustable. In situations,
where the physician's presence at the VA facility is not required (e.g.,
on-call), other types of appointments or a mix of appointments may be
more appropriate.

\(2\) **Other Work Schedules or Appointments**

\(a\) **Intermittent Work Schedules.** Employees may be employed on an
intermittent basis when demand for their services varies over time. The
advantage is that periods of employment may be tailored to varying needs
for services. The drawback is that intermittent employees are not
entitled to employee benefits. Intermittent employment also presumes
services are provided at the VA facility. Employees utilized on an
intermittent basis are only compensated when they provide services, they
are placed on the applicable grade and rate of pay on the Physician and
Dentist Base and Longevity Pay Schedule, and pay for such positions is
limited to the rate of basic pay for Level V of the Executive Schedule.

\(b\) **Fee Basis Appointments.** Employees may be appointed on a fee
basis when the demand for services varies over time and fees can be
tailored to the type of service provided. For example,

employees may be appointed on a fee basis to provide on-call coverage.
Employees on these types of appointments are not eligible for, and the
rate of pay for such positions is limited to the rate of basic pay for
Level V of the Executive Schedule. Care must also be exercised with
these appointments, as facilities are also responsible for ensuring
employees provide the services for which they are compensated and that
procedures are not generated solely for the purpose of generating fees.
Fee basis appointments are also based on the employee providing specific
services. This may be a problem in that fee basis employees would not
generally be available to perform administrative tasks otherwise be
performed by part-time employees (e.g., peer review, attendance at
meetings).

\(c\) **Dual Appointments.** Individuals may be given more that one of
the above appointments if that is the best way to secure the employee's
services. However, the expectations concerning time and attendance need
to be clear and, if fee basis is involved, the facility needs to ensure
the services are actually being provided or that procedures are not
generated solely for the purpose of generating fees. The rate of basic
pay and fees payable to such individuals is limited to the rate of basic
pay for Level V of the Executive Schedule. Additional information about
dual employment may be found in [VA Handbook 5005, Part II, Section A,
Chapter 3, paragraph
3b.](http://vaww.va.gov/hrdirectives/Dir_Hnbks/5005.doc)

**11. NOTIFYING PART-TIME PHYSICIANS.** All part-time physicians placed
on adjustable work hours after the effective date of this change are to
be advised of VA time and attendance procedures and certify in writing
that they understand such procedures. This certification is to be filed
on the left hand side of the employee's Merged Records Personnel Folder.
The part-time physician is to certify that:

a\. They will promptly advise VA if their service level expectations
outlined in their VA Form 0880a no longer accurately reflect their level
of commitment to VA;

b\. They have been advised they may only post hours of duty performed at
or on behalf of VA on the ESR;

c\. If they are scheduled for VA duty, they must perform work or
otherwise account for such time through the use of approved leave;

d\. Work performed must be posted *daily* on the ESR;

e\. They must obtain written authorization from their supervisor for any
variation from the approved biweekly work requirement;

f\. If they are not present or on approved leave when a random audit of
time and attendance, they will be considered to be absent without leave;
and

g\. Falsification of time and attendance records or pre-posting work on
the ESR will result in appropriate disciplinary action.

# APPENDIX J. MEMORANDUM OF SERVICE LEVEL EXPECTATIONS FOR

**PART-TIME PHYSICIAN ON ADJUSTABLE WORK HOURS**

![](media/image7.png){width="6.99375in" height="8.468055555555555in"}

**INSTRUCTIONS FOR COMPLETING AND**

**MONITORING MEMORANDA OF SERVICE LEVEL EXPECTATIONS**

1\. Estimate the number of hours the part-time physician is expected to
serve during the term of the Memorandum of Service Level Expectations,
VA Form 0880a. The estimate, which is to be based

on VA patient care and other work requirements, is then to be broken
down by the amount the

employee is generally expected to spend in patient care, administration,
research, and education.

Use VA Form 0880b, Worksheet for Determining Percentages on Memorandum
of Service Level Expectations. This worksheet is to be used with the
definitions of VA duty found in paragraph 2g of chapter 3, of part II of
this handbook. Once completed, the worksheet is to be filed on the left
hand side of the employee's Merged Records Personnel Folder.

2\. Once an understanding with the part-time physician is reached, VA
Form 0880a is to be signed and dated by the applicant or employee. The
facility Director or designee is also to sign the document and enter the
effective date of VA Form 0880a.

***Note**: Memoranda of Service Level Expectations are to be 1 year in
length. Memoranda of Service Level Expectations are to be effected on
the first day of the pay period.*

3\. VA officials responsible for monitoring the Memorandum of Service
Level Expectations will retain a copy; a copy will be provided to the
employee; and a copy will be filed in the employee's Merged Records
Personnel Folder.

4\. Officials responsible for monitoring Memorandum of Service Level
Expectations are to fulfill their responsibilities as outlined in
paragraph 3 of Appendix II-I of this handbook.

[]{#PtIIAppK .anchor}APPENDIX K. WORKSHEET FOR DETERMINING PERCENTAGES
ON

MEMORANDUM OF SERVICE LEVEL EXPECTATIONS

## ![](media/image8.png){width="7.002083333333333in" height="8.105555555555556in"}

## ![](media/image9.png){width="6.985416666666667in" height="8.840972222222222in"}

## ![](media/image10.png){width="6.808333333333334in" height="8.709722222222222in"}\]

## 

**HOURS OF DUTY AND LEAVE**

###### PART III. LEAVE

## **CONTENTS**

**PARAGRAPH**

**PAGE**

[**CHAPTER 1.**](#PtIIICh1) **GENERAL**

1\. [AUTHORITY](#PtIIICh1para1) III-1

2\. [RESPONSIBILITIES](#PtIIICh1para2) III-1

[**CHAPTER 2.**](#chapter-2.-title-5-leave-and-absence) **TITLE 5 LEAVE
AND ABSENCE**

1\. [SCOPE](#PtIIICh2para1) III-5

2\. [LEAVE ACCRUALS AND LEAVE CHARGES](#PtIIICh2para2) III-5

3\. [ANNUAL LEAVE](#PtIIICh2para3) III-\[7c\]

4\. [SICK LEAVE](#PtIIICh2para4) III-10

5\. [ABSENCE FOR MATERNITY OR PATERNITY REASONS](#PtIIICh2para5) III-14

6\. [LEAVE IN CONNECTION WITH RETIREMENT](#PtIIICh2para6) III-16

7\. [LEAVE FOR FIELD FACILITY HEADS](#PtIIICh2para7) III-16

8\. [LEAVE IN CONNECTION WITH TRAVEL](#PtIIICh2para8) III-17

9\. [MILITARY LEAVE](#PtIIICh2para9) III-17

10\. [COURT LEAVE](#PtIIICh2para10) III-18

11\. [LEAVE FOR OFFICE OF WORKERS' COMPENSATION
PROGRAM](#PtIIICh2para11) III-21

12\. [AUTHORIZED ABSENCES](#PtIIICh2para12) III-21

13\. [LEAVE WITHOUT PAY (LWOP)](#PtIIICh2para13) III-32

14\. [ABSENCE WITHOUT LEAVE (AWOL)](#PtIIICh2para14) III-33

15\. [ABSENCE OF DISABLED VETERANS](#PtIIICh2para15) III-34

16\. [HOME LEAVE](#PtIIICh2para16) III-34

17\. [FAMILY AND MEDICAL LEAVE](#PtIIICh2para17) III-34

18\. [BONE MARROW AND ORGAN DONOR LEAVE](#PtIIICh2para18) III-35

19\. [VOLUNTARY LEAVE TRANSFER PROGRAM](#PtIIICh2para19) III-35

[**CHAPTER 3.**](#PtIIICh3) **TITLE 38 LEAVE PROGRAM**

1\. [COVERAGE](#PtIIICh3para1) III-47

2\. [POLICY](#PtIIICh3para2) III-47

3\. [GENERAL](#PtIIICh3para3) III-47

4\. [ANNUAL LEAVE](#PtIIICh3para4) III-48

## **CONTENTS**

**PARAGRAPH PAGE**

**CHAPTER 3. TITLE 38 LEAVE PROGRAM - Continued**

5\. [SICK LEAVE](#PtIIICh3para5) III-51

6\. [ACCRUALS OF ANNUAL AND SICK LEAVE](#PtIIICh3para6) III-56

7\. [OTHER LEAVE](#PtIIICh3para7) III-60

8\. [RELIGIOUS, STATE AND LOCAL HOLIDAYS](#PtIIICh3para8) III-61

9\. [AUTHORIZED ABSENCE](#PtIIICh3para9) III-61

10\. [LEAVE WITHOUT PAY (LWOP)](#PtIIICh3para10) III-65

11\. [UNAUTHORIZED ABSENCE](#PtIIICh3para11) III-68

12\. [DISPOSITION OF LEAVE ON TRANSFER, SEPARATION, OR
RETIREMENT](#PtIIICh3para12) III-68

13\. [DUTY AND LEAVE FOR RESIDENTS](#PtIIICh3para13) III-71

**APPENDICES**

III-A. [SAMPLE SICK LEAVE QUESTIONS AND
ANSWERS](#appendix-a.-sample-sick-leave-questions-and-answers) III-A-1

III-B. [SAMPLE MEMORANDUM TO ALL EMPLOYEES---VOLUNTARY\
LEAVE TRANSFER PROGRAM](#AppIIIB) III-B-1

III-C. [SAMPLE APPLICATION MEMORANDUM---VOLUNTARY LEAVE\
TRANSFER PROGRAM](#AppIIIC) III-C-1

III-D. [SAMPLE MEMORANDUM TO APPROVED LEAVE RECIPIENT\--\
VOLUNTARY LEAVE TRANSFER
PROGRAM](#appendix-d.-sample-memorandum-to-approved-leave-recipient)
III-D-1

III-E. [SAMPLE MEMORANDUM OF DISAPPROVAL AS LEAVE RECIPIENT\--\
VOLUNTARY LEAVE TRANSFER
PROGRAM](#appendix-e.-sample-memorandum-of-disapproval-as) III-E-1

III-F. [SAMPLE MEMORANDUM FOR RESTORATION OF LEAVE\--\
VOLUNTARY LEAVE TRANSFER
PROGRAM](#appendix-f.-sample-memorandum-for-restoration-of) III-F-1

\[III-G. [SAMPLE ANNUAL LEAVE ACCRUAL RATE TABLE WITH
EXAMPLES](#PtIIIappG) III-G-1

III-H. [SAMPLE VA FORM 0869 FOR VERIFICATION OF CREDITABLE SERVICE
FOR](#PtIIIappH)

> [NON-FEDERALWORK EXPERIENCE OR ACTIVE DUTY UNIFORMED
> MILITARY](#PtIIIappH)

[SERVICE](#PtIIIappH) III-H-1\]

######## 

######## **PART III. LEAVE**

[]{#PtIIICh1 .anchor}

###### CHAPTER 1. GENERAL

**1.** []{#PtIIICh1para1 .anchor}**AUTHORITY**

a\. **Title 5 Leave and Absence**

\(1\) The Office of Personnel Management has the over-all responsibility
for administration of 5 U.S.C. Chapter 63.

\(2\) Administration Heads, Assistant Secretaries, Other Key Officials
and Deputy Assistant Secretaries and field facility heads are authorized
to administer the provisions of this part of the handbook and 5 U.S.C.
Chapter 63 and 5 CFR part 630 for employees under their respective
jurisdictions.

\(3\) Except as otherwise specifically set out in this part, this
authority may be redelegated to subordinate officials with whatever
limitations deemed necessary to ensure the proper exercise of authority.

b\. **Title 38 Leave and Absence**

\(1\) 38 U.S.C., Section 7421, authorizes the Secretary to prescribe, by
regulation, leaves of absence of employees covered by 38 U.S.C.,
chapters 73 and 74.

\(2\) The Under Secretary for Health is responsible for the overall
direction and administration of the leave policies and instructions for
VHA.

\(3\) Facility Directors are responsible for administering the leave
policies and instructions at facilities as provided herein.

\(4\) The Under Secretary for Health and facility directors are
authorized to approve or disapprove leave for employees within their
jurisdiction subject to the provision of part III, chapter 3 of this
handbook. These officials may designate employees to exercise their
authority for them, except where the specific provisions of part III,
chapter 3 limit such authority to them only. Persons authorized to
approve leave are also responsible for advising employees properly on
leave matters and to guard against abuses of leave privileges.

**2.** []{#PtIIICh1para2 .anchor}**RESPONSIBILITIES**

a\. **Human Resources Management (HRM) Office.** The Office of Human
Resources Management \[and Labor Relations\] and field HRM offices are
responsible for the general administration of the leave program. This
includes:

\(1\) Interpreting leave policies and regulations for operating
officials.

\(2\) Providing for employee orientation on leave provisions and
supervisory training in leave administration.

b\. **Supervisor.** The supervisor is responsible, as authorized, for
administering the leave and excused absence policies and regulations for
employees under his or her supervision. This includes:

\(1\) Insuring that all subordinate supervisors receive appropriate
training in administering leave policies and regulations; that employees
are trained in proper use of leave, kept informed on leave matters and
of the name or title of the leave-approving supervisor.

\(2\) Planning, scheduling, and rescheduling the more substantial
periods of annual leave on a calendar year basis to avoid forfeiture
cases.

\(3\) Acting promptly on requests for leave and determining the
necessity for or acceptability of sick leave medical certificates.

\(4\) Maintaining control over attendance, leave and excused absence of
employees under his or her control. Determining whether an employee\'s
absence from regular duties constitutes official duty, approved leave,
excused absence without charge to leave, or absence without leave,
ensuring that the unit timekeeper is promptly notified.

\(5\) Assuring certification of time and attendance ETA posting is
correct in all respects.

\(6\) Determining the proper leave charge when an employee requests sick
leave and reports being engaged in outside employment; justifying and
documenting any approval of sick leave while the employee is so engaged.

\(7\) Assuring an employee who has been on sick leave because of a
contagious disease or other medical requirement imposed by management
receives medical clearance for return to duty.

\(8\) Consulting with the Human Resources Management office for advice
concerning, and interpretation of, leave regulations.

c\. **Employee.** The employee is responsible for observing leave and
excused absence policies and regulations which affect him or her,
including:

\(1\) Being at the post of duty during official duty hours unless on
approved leave or excused absence without charge to leave.

\(2\) Observing the time and attendance policies and procedures and
using leave for the purpose for which it is intended.

\(3\) Requesting advance approval of annual leave and sick leave for
medical, dental, or optical examination or treatment.

\(4\) Making timely reports of absences not previously approved.

\(5\) Reporting any outside employment during a time for which sick
leave is requested.

\(6\) Submitting accurate statements about absences, applications for
and use of sick leave; transferred leave; family and medical leave; and
furnishing medical certificates when required.

\(7\) Scheduling and, if necessary, rescheduling annual leave to avoid
forfeiture.

######## 

######## **PART III. LEAVE**

######## **CHAPTER 2. TITLE 5 LEAVE AND ABSENCE**

**(To Be Used With 5 U.S.C. Chapter 63 and 5 CFR, Part 630)**

**1.** []{#PtIIICh2para1 .anchor}**SCOPE.** This chapter provides the
policies and guidelines to be used in administering the provisions of 5
U.S.C., chapter 63 and 5 CFR, part 630 for employees covered by this
leave system. Hybrid title 38 employees appointed under 38 U.S.C.
7401(3) or 7405(a)(1)(B) are covered by the provisions of this chapter.
There is a separate leave system for physicians and dentists, including
medical and dental residents, podiatrists, \[chiropractors,\]
optometrists, nurses, nurse anesthetists, physician assistants, and
expanded-function dental auxiliaries employed under the authority of 38
U.S.C., chapters 73 and 74 (see part III, chapter 3).

[]{#PtIIICh2para2 .anchor}**2. LEAVE ACCRUALS AND LEAVE CHARGES**

a\. **General.** For information concerning rates of accrual, leave
charges, maximum accumulations, and disposition of leave accounts, see 5
U.S.C. 6303. 6304, 6307 and 5 CFR 630. A leave year begins on the first
day of the first full biweekly pay period in a calendar year and ends
the day before the first full biweekly pay period in the following
calendar year. **NOTE:** *Part-time employees earn leave only when there
has been established in advance a regular tour of duty on one or more
days during each administrative workweek.*

b\. **Crediting Leave.** Annual and sick leave which will be earned
during the pay period shall be credited to an employee\'s leave account
at the beginning of the pay period and may be used during such period.

c\. **Leave Charges.** The minimum charge for any type of leave shall be
a quarter hour (15 minutes). When employees are absent for less than 15
minutes and request leave, they cannot be required to work the remaining
portion of the 15 minutes for which the leave is charged. Separate
periods of absence in the same tour of duty, however may be totaled
together and charged in 15 minute increments. Refer to paragraph 12f of
this chapter for guidance concerning tardiness.

d\. **Accruals and Charges for Employees in Stand-by Tours of Duty.**
Employees occupying positions involving regular tours of duty in excess
of 40 hours a week and for whom premium compensation is paid on an
annual basis shall accrue and be charged leave in accordance with the
provisions of 5 CFR 630.210 on uncommon tours of duty. Employees
performing standby duty in addition to their regular tour of duty do not
have a special leave accrual rate. However, these employees are charged
leave on holidays in accordance with 56 Comp Gen. 551.

e\. **Absence and Leave For Firefighters with Uncommon Tours of Duty**

\(1\) **Uncommon Tours Of Duty.** Firefighters covered by chapter 2,
this part, will be placed on uncommon tours of duty for purposes of
earning and charging leave.

\(2\) **Annual Leave Accrual.** Firefighters covered by chapter 2, this
part, will accrue annual leave based on the number of hours in the
firefighter's regular tour of duty, as shown below. Depending on the
number of years of service for leave accrual purposes, leave accrual
rates may vary for the last full pay period (PP) of the calendar year
(CY):

# ANNUAL LEAVE ACCRUALS

+---------+---------+---------+---------+---------+---------+---+---------+
| #       |         |         |         |         |         |   |         |
|  Weekly |         |         |         |         |         |   |         |
|  Regula |         |         |         |         |         |   |         |
| r Tour  |         |         |         |         |         |   |         |
| of Duty |         |         |         |         |         |   |         |
+---------+---------+---------+---------+---------+---------+---+---------+
| **Years | **56    |         | **60    |         | **72    |   |         |
| of      | Hours   |         | Hours   |         | Hours   |   |         |
| Se      | (Ave    |         | (Ave    |         | (Ave    |   |         |
| rvice** | rage)** |         | rage)** |         | rage)** |   |         |
+---------+---------+---------+---------+---------+---------+---+---------+
|         | Leave   | Leave   | Leave   | Leave   | Leave   | L |         |
|         | accrual | a       | accrual | a       | accrual | e |         |
|         | per pay | ccrual, | per pay | ccrual, | per pay | a |         |
|         | period, | last    | period, | last    | period, | v |         |
|         | *except | full PP | *except | full PP | *except | e |         |
|         | last    | of CY   | last    | of CY   | last    | a |         |
|         | PP*     |         | PP*     |         | PP*     | c |         |
|         |         |         |         |         |         | c |         |
|         |         |         |         |         |         | r |         |
|         |         |         |         |         |         | u |         |
|         |         |         |         |         |         | a |         |
|         |         |         |         |         |         | l |         |
|         |         |         |         |         |         | , |         |
|         |         |         |         |         |         | l |         |
|         |         |         |         |         |         | a |         |
|         |         |         |         |         |         | s |         |
|         |         |         |         |         |         | t |         |
|         |         |         |         |         |         | f |         |
|         |         |         |         |         |         | u |         |
|         |         |         |         |         |         | l |         |
|         |         |         |         |         |         | l |         |
|         |         |         |         |         |         | P |         |
|         |         |         |         |         |         | P |         |
|         |         |         |         |         |         | o |         |
|         |         |         |         |         |         | f |         |
|         |         |         |         |         |         | C |         |
|         |         |         |         |         |         | Y |         |
+---------+---------+---------+---------+---------+---------+---+---------+
| Less    | 5 hours | 21      | 6 hours | 6 hours | 7 hours |   | 12      |
| than 3  |         | hours   |         |         |         |   | hours   |
+---------+---------+---------+---------+---------+---------+---+---------+
| 3 -- 15 | 8 hours | 24      | 9 hours | 15      | 11      |   | 13      |
|         |         | hours   |         | hours   | hours   |   | hours   |
+---------+---------+---------+---------+---------+---------+---+---------+
| 15 or   | 11      | 16      | 12      | 12      | 14      |   | 24      |
| more    | hours   | hours   | hours   | hours   | hours   |   | hours   |
+---------+---------+---------+---------+---------+---------+---+---------+

\(3\) **Sick Leave Accrual.** Firefighters covered by chapter 2, this
part, will accrue sick leave based on the number of hours in the
firefighter's regular tour of duty, as shown in the following:

# SICK LEAVE ACCRUALS

+-----------+-----------+-----------+-----------+-----------+-----------+
| #         |           |           |           |           |           |
| Weekly Re |           |           |           |           |           |
| gular Tou |           |           |           |           |           |
| r of Duty |           |           |           |           |           |
+-----------+-----------+-----------+-----------+-----------+-----------+
| **56      |           | **60      |           | **72      |           |
| Hours     |           | Hours     |           | Hours     |           |
| (A        |           | (A        |           | (A        |           |
| verage)** |           | verage)** |           | verage)** |           |
+-----------+-----------+-----------+-----------+-----------+-----------+
| Leave     | Leave     | Leave     | Leave     | Leave     | Leave     |
| accrual   | accrual,  | accrual   | accrual,  | accrual   | accrual,  |
| per pay   | last full | per pay   | last full | per pay   | last full |
| period,   | PP of CY  | period,   | PP of CY  | period,   | PP of CY  |
| *except   |           | *except   |           | *except   |           |
| last PP*  |           | last PP*  |           | last PP*  |           |
+-----------+-----------+-----------+-----------+-----------+-----------+
| 5 hours   | 21 hours  | 6 hours   | 6 hours   | 7 hours   | 12 hours  |
+-----------+-----------+-----------+-----------+-----------+-----------+

\(4\) **Charges to Leave or Other Absences.** Annual leave, sick leave,
and leave without pay will be charged on the basis of ¼ hour for each ¼
hour of absence in an employee's scheduled tour. All scheduled hours of
duty are considered to fall on regular workdays; employees are required
to work all scheduled hours of duty or be charged for the absence.
Employees will be charged for absences during overtime hours within
their regularly scheduled tours of duty. Employees are expected to work
on all Federal holidays falling within their regular tours of duty, or
they will be charged for the absence.

\(5\) **Accumulated Leave.** Firefighters with accumulated leave
balances who convert to a different regular work schedule (e.g., from a
40-hour schedule to a 60-hour schedule, from a 72-hour schedule to

a 60-hour schedule, etc.) should have their leave balances converted
through use of the following conversion formulas:

[a]{.underline}. (number of hours in leave balance) x 72 ÷ 40 (when
change is from 40-hour workweek to 72-hour workweek);

[b]{.underline}. (number of hours in leave balance) x 40 ÷ 72 (when
change is from 72-hour workweek to regular 40-hour work week);

[c]{.underline}. (number of hours in leave balance) x 72 ÷ 60 (when
change is from 60-hour workweek to 72-hour workweek);

[d]{.underline}. (number of hours in leave balance) x 60 ÷ 72 (when
change is from 72-hour workweek to 60-hour workweek).

f\. **Creditable Service for** **Annual Leave Accrual for Newly
Appointed Employees with Prior Non-Federal Work Experience or Active
Duty Uniformed Military Service**

\(1\) **General.** Under Chapter 63 of title 5, United States Code, the
Department of Veterans Affairs may grant service credit \[to\] newly
appointed or reappointed employees for prior \[ \] work experience or
experience in a uniformed service that otherwise would not be creditable
for the purpose of determining \[ \] annual leave accrual rate. This
authority should be used when it is determined that\[:

(a)\] the skills and experience the employee possesses are \[ \]
essential to the new position and were acquired through performance in a
\[prior\] position or in the uniformed services\[:

\(b\) the duties and responsibilities\] are directly relate to the
duties of the position to which he or she is being appointed;
[and]{.underline} \[ \]

\[(c)\] the use of this authority is necessary to \[recruit an
individual with the skills and experience necessary\] achieve an
important agency mission or performance goal. This authority is intended
as a recruitment tool for attracting highly qualified individuals with
exceptional skills and experiences. The offer of creditable service for
annual leave accrual is not an entitlement.

\(2\) **Eligibility.** This provision applies only to:

\(a\) \[Employees with previous work experience who are receiving their
first appointment (regardless of tenure) as civilian employees of the
Federal Government, employees\] who are reappointed following a break in
service of at least 90 calendar days from the date of their last period
of Federal civilian employment, \[or\] retired military employees who
performed active duty uniformed service for which they did not receive
service credit towards annual leave accrual.

\(b\) The skills and experience the employee possesses, which were
acquired through performance in a \[prior position\] or in the uniformed
service, are essential to the new position having duties that are
directly related to the position to which he or she is being appointed;
and the use of this authority is necessary to achieve an important
agency mission or performance goal.

\(3\) **Procedures for Granting Service Credit.** An employee must
submit written documentation of his/her prior \[work experience\] or
uniformed service \[experience,\] in order to receive credit under this
authority.

\(a\) The following statement must be included in the Vacancy
Announcement \[if its use would enhance efforts to attract highly
qualified individuals whose experience would enable VA to achieve its
mission or performance goals\]: "Selected applicants may qualify for
credit toward annual leave accrual, based on prior \[work experience\]
or military service experience."

\(b\) Upon selection of the candidate from the list of best qualified
applicants, if applicable, the selecting official will determine the
amount of creditable service for annual leave accrual. The amount of
service credited may not exceed the actual amount of service during
which the employee performed the duties that are directly related to the
position in which the employee is being appointed. This amount of
creditable service must be specified in years and months on VA Form 0869
(See sample form in Appendix H). The \[*A*\]*nnual Leave Accrual Rate
Table with Examples* found in Appendix G illustrates how years of
experience will determine the employee's annual leave accrual category.

\(c\) An employee must submit written documentation of his/her prior
\[work experience\] or uniformed service \[experience\] in order to
receive credit under this authority. Examples of acceptable
documentation are:

\[(1)\] a resume listing the beginning and ending dates of positions
held and a description of the duties and responsibilities;

\[(2)\] a completed and signed Optional Form 612, *Application for
Federal Employment*; or

\[(3)\] the document containing the required information. Retired
military employees, who performed active duty uniformed service for
which they were not awarded creditable service, must submit written
documentation such as a Form DD 214 to receive credit for honorable
active duty uniformed military service.

\(d\) In order to receive credit for annual leave accrual, applicants
who have been determined to possess specialized work experience will be
required to certify by signing the completed VA Form 0869 along with
written documentation of the employee's qualifying civilian \[work
experience\] or military service \[experience\], [prior to]{.underline}
the employee's entrance on duty (EOD) date.

\(e\) Credit for \[prior work experience\] or active duty uniformed
service \[experience\] must be approved before the appointee's EOD date.

\(f\) Credit for \[prior work experience\] or active duty uniformed
service \[experience\] is granted to the employee upon the effective
date of his or her initial appointment or reappointment to Federal
service.

\(g\) Once the selecting official has completed the determination of
creditable service, VA Form 0869 will be submitted to the Approving
Official for action (see section (4) Approval Authority).

\(h\) After approval, the Human Resources Manager is responsible for
reviewing all documentation submitted, including information provided on
VA Form 0869, to ensure compliance with all requirements prior to
granting the service credit.

\(i\) After all signatures on VA Form 0869 have been obtained, the form
is permanently filed in the employee's Official Personnel Folder (OPF).

\(4\) **Approval Authority**

\(a\) In accordance with the Inspector General Act of 1978, the
Inspector General has independent authority to approve/disapprove
requests within the Office of Inspector General.

\(b\) Under Secretaries, Assistant Secretaries, Other Key Official or
their designees are responsible for approving/disapproving requests in
VA Central Office.

\(c\) Facility Directors are responsible for approving/disapproving
requests for employees under their jurisdiction.

\(d\) The Deputy Assistant Secretary for Human Resources Management and
Labor Relations will advise management and operating officials on the
policies and procedures in this chapter.

\(e\) Selecting officials are responsible for determining the amount of
creditable service for annual leave accrual.

\(5\) **Restrictions** \[ \]

\[(a)\] An employee may not receive dual credit for service. Once an
employee is permanently credited with a period of \[prior work
experience\] or active duty uniformed service (after completion of one
full continuous year of service with the appointing agency), that period
of service may not be considered for further credit if the employee has
a future break in service.

\[(b) There are no exceptions to the prohibition on crediting prior work
experience to reappointed employees who held civil service positions
within the previous 90 days before their reappointment.

\(c\) Creditable service for annual leave accrual is not intended to be
applied across the board to all newly appointed employees.\]

\(6\) **Retention of Creditable Service.** Once an employee completes
one full year of continuous service with the Department of Veterans
Affairs (VA), the period for which he/she was previously granted service
credit becomes permanent and is creditable for the purpose of
determining the employee's annual leave accrual rate.

\(7\) **Withdrawal of Service Credit**

\(a\) If an employee separates from Federal service prior to completing
one full year of continuous service with the VA, the employee is not
entitled to retain service credit for prior \[work experience\] or
active duty uniformed service. However, any annual leave accrued or
accumulated by an employee remains to the credit of the employee, even
if he or she fails to complete one full year of continuous service with
the Department of Veterans Affairs. In the case of a separation from
Federal service, the employee is entitled to a lump-sum payment for any
unused portion of annual leave accrued.

\(b\) If the employee transfers to another agency before completing one
full year of service, the employee loses his/her entitlement to service
credit, and the losing agency, is required to deduct the additional
service credit from the employee's total creditable service prior to the
transfer. A new service computation date (SCD) for leave must be
established before the employee transfers. VA must transfer the annual
leave balance to the new employing agency under 5 CFR 630.501, if the
employee is transferring to a position to which annual leave may be
transferred. Any annual leave accrued or accumulated by an employee
remains to the credit of the employee.

\[(c) For employees who are placed in a leave without pay status, the
one year of continuous service requirement to permanently retain
creditable service must be extended by the amount of time they were in a
leave without pay status, unless an employee separates or is placed on
leave without pay to perform

military service, or because of an on-the-job injury for which he or she
is receiving compensation.\]

g\. **Unscheduled Leave.** An employee who finds it necessary to be
absent without having received prior approval shall request leave as
early as practicable. To the extent possible, this should be done at the
beginning of the tour of duty, but not later than 2 hours thereafter.
For the same period of absence, daily reports will not be required.
However, employees who are absent for more than 1 day on unscheduled
leave may be requested to estimate the probable date of return to duty.
Also, employees who are shift workers may be required to call their
supervisor before returning to duty to facilitate the scheduling of all
affected employees.

[]{#PtIIICh2para3 .anchor}**3. ANNUAL LEAVE**

a\. **Annual Leave Requests.** All requests for annual leave should be
made in advance. Short periods of annual leave (3 days or less) may be
approved verbally. Longer periods must be requested and approved on the
Enhanced Time and Attendance (ETA) or other electronic system. \[ \]
There is no authority to approve annual leave from which the employee
will not be returning to duty, unless such approval meets the needs of
the service (34 Comp. Gen. 61). Requests for annual leave and leave
without pay (LWOP) will be considered in the light of current and
anticipated workloads. Employees should be encouraged to take annual
leave for at least 2 consecutive weeks each year for purposes of rest
and relaxation; and afforded the opportunity to use their annual leave
to avoid leave forfeitures.

b\. **Leave for Alien Employees.** Under the discretionary provisions of
5 U.S.C. 6310, and by virtue of VA administrative action, alien
employees who occupy positions outside the United States may be granted
a leave of absence with pay, not in excess of the amount of annual and
sick leave allowable to citizen employees.

c\. **Advanced Leave.** Annual leave may be advanced only in an amount
that can be earned by the end of the leave year in which it is granted.
When an employee is serving under an appointment which will expire
before the end of the leave year, annual leave may be advanced up to the
amount the employee would otherwise earn during the term of the
appointment.

d\. **Annual Leave in Proximity to Overtime.** Any request for annual
leave in proximity to overtime by the same employee will be scrutinized
to assure that the granting of annual leave is in the interest of good
administrative practice.

e\. **Administrative Authority To Cancel Previously Approved Annual
Leave.** The taking of annual leave is an absolute right of the employee
subject to the right of the head of the department or establishment
concerned to fix the time at which leave may be taken (30 Comp. Gen.
611, citing 16 Comp. Gen. 481). In an unusual or emergency situation,
previously approved annual leave may be canceled and the employee
directed to return to duty. Generally, the authority to cancel leave
will not be exercised unless there is an urgent unforeseen circumstance
and it is feasible for the employee to return to duty. If an employee
refuses to return to work when leave is canceled, the absence may be
charged to absence without leave (AWOL). (5 U.S.C. 6302(d); 39 Comp.
Gen. 611, citing 16 Comp. Gen. 481.)

f\. **Administrative Approval for Restoration of Annual Leave.**
Administration Heads, Assistant Secretaries, Other Key Officials, and
Deputy Assistant Secretaries and facility heads are authorized to
approve the restoration of annual leave as warranted by regulations and
VA policy. The scheduling and, as necessary, rescheduling of the annual
leave must be in writing. The ETA or other electronic system may be
used. Documentation, which must be retained in accordance with
regulations, must contain:

\(1\) The calendar dates the leave was requested and approved by the
leave approving official;

\(2\) The date(s) and the amount (days/hours) on which the leave was
scheduled for actual use.

\(3\) The calendar date(s)/hours the canceled leave was rescheduled for
use.

\(4\) The reason(s) for the subsequent canceling of approved leave
(e.g., if because of an exigency of the public business). Documentation
must include the beginning and ending dates of the exigency and a copy
of the approval action.

\(5\) The date(s) during which the leave was rescheduled for use and the
amount of leave (days/hours) that was rescheduled for use, including the
amount of hours unused in excess of 240 hours.

g\. **Separate Leave Account for Restored Annual Leave.** Restored
annual leave must be credited to a separate leave account (5 U.S.C.
6304(d)(2)). The amount of restored leave does not in any way increase
or change an employee\'s normal maximum permissible carry-over into the
new leave year. The normal annual leave ceiling remains in effect for
all employees. The separate leave account will include:

\(1\) The date the leave was restored for use;

\(2\) The amount credited;

\(3\) The deadline by which the restored leave must be used; and

\(4\) The amount of usage and balance.

h\. **Time Limit for Use of Restored Annual Leave.** Annual leave
restored under the provisions of 5 U.S.C. 6304(d)(1)(B) and 5 CFR
630.309 must be used not later than the last day of the second leave
year following the year containing the date that:

\(1\) Annual leave was restored in correcting an administrative error
(5CFR 630.306(a)(1)); or

\(2\) Exigency terminated that resulted in forfeiture (5CFR
630.306(a)(2)); or

\(3\) The employee is determined to have recovered from an illness and
is able to return to duty (5 CFR 630.306(a)(3)).

**NOTE:** *Restored annual leave that is unused prior to the expiration
of the time limit is forfeited, unless the employee separates before
that time. In such a case, the lump-sum payment will include the amount
of unused restored annual leave that has been credited to a separate
account.*

i\. **Restoration of Annual Leave.** The normal rule that requires
annual leave in excess of the maximum permissible carry-over (usually 30
days) be automatically forfeited at the end of the leave year may be
suspended under the following conditions:

\(1\) **Administrative Error.** Annual leave lost due to an
administrative error may be restored so long as it was accruable after
June 30, 1960 (5 U.S.C. 6304(d)(1)(a)(A)). In addition to permitting a
retroactive change, there is continuing authority to permit the future
restoration of all annual leave to which an employee is entitled in
correcting an administrative error. If official records are not
available to substantiate the amount of annual leave to be restored, an
estimate of the employee\'s leave account is acceptable when accompanied
by official statements clearly reflecting the factors which form the
basis for the estimate.

\(2\) **Exigencies of Public Business.** Even with the best planning and
scheduling of annual leave usage throughout the year, operational
demands may not permit usage to avoid forfeiture of leave by some
employees. The exigency, whether anticipated or unanticipated, must be
of such importance to preclude the use of scheduled annual leave. The
exigency should occur in such case where there is no reasonable
alternative to the cancellation of the scheduled leave. There is a
requirement that this annual leave be scheduled in advance for use, and
in writing before the start of the third biweekly pay period prior to
the

end of the leave year. Normally, the decision to cancel scheduled annual
leave because of exigencies should be made in advance unless a bonafide
emergency precludes an advance decision.

\(3\) **Sickness.** When employees have scheduled annual leave in
advance but are prevented from using it because of illness, they may
substitute annual leave (or non-paid leave) for sick leave. However when
separation is known in advance, the granting of annual leave is limited
to cases where exigencies of service require such action (34 Comp. Gen.
61). Sickness is not in itself a basis for permitting annual leave to be
forfeited and subsequently restored for later use. The supervisor still
has the responsibility to schedule or reschedule the use of annual leave
to avoid forfeiture, even though an absence because of illness occurred
during the year (5 U.S.C. 6304 (d)(1)(C)).

**NOTE:** *For guidance on involuntary absence, see paragraph 4g of this
chapter.*

[]{#PtIIICh2para4 .anchor}**4. SICK LEAVE**

a\. **Granting Sick Leave.** Sick leave shall be granted to an employee
for any the following reasons (See examples in appendix A, this part):

\(1\) **Sick Leave for Personal Needs**

\(a\) When the employee is incapacitated for the performance of duties
by physical or mental illness; pregnancy or childbirth;

\(b\) When the employee receives medical, dental, or optical examination
or treatment (including adjustment of prosthetic devices); or

\(c\) When through exposure to a contagious disease, the presence of the
employee at the place of duty would jeopardize the health of others.

**NOTE:** *Sick leave granted because of a contagious disease shall be
limited to the period prescribed by regulations of local health
authorities or certified by a physician where health regulations do not
specify the period of isolation, quarantine or restricted movement.*

\(2\) **Sick Leave for Family Care and Bereavement**

\(a\) An employee may use sick leave to provide care for, or otherwise
attend to a family member having an illness, injury, or other condition
which, if an employee had such a condition, would justify the use of
sick leave by the employee.

\(b\) An employee may use sick leave to make arrangements necessitated
by the death of a family member or attend the funeral of a family
member. This includes use of sick leave to make arrangements for and
attend a funeral or memorial service; necessary travel, pre-funeral and
after-funeral/burial gatherings or ceremonies, memorial services; and
reading of the will.

**NOTE:** *A full-time employee may use 40 hours (5 workdays) of sick
leave each leave year for family care and bereavement. An additional 64
hours (8 workdays) for a total of 13 workdays of sick leave may be used
each year if the employee maintains a balance of at least 80 hours of
sick leave in his or her account. Part-time employees and employees with
uncommon tours of duty are also covered, and the amount of sick leave
permitted is prorated in proportion to the average number of hours in
the employee\'s scheduled tour of duty each week.*

\(3\) **Sick Leave to Care for a Family Member with a Serious Health
Condition.** An employee may use a total of up to 12 administrative
workweeks (480 hours) of sick leave each leave year to care for a family
member with a serious health condition subject to the following
limitations:

\(a\) If an employee previously has used any portion of the 13 days (104
hours) of sick leave for general family care or bereavement purposes in
a leave year, that amount must be subtracted from the 12-week (480
hours) entitlement.

\(b\) If an employee has already used 12 weeks (480 hours) of sick leave
to care for a family member with a serious health condition, he or she
cannot use an additional 13 days (104 hours) in the same leave year for
general family care purposes.

\(c\) An employee is entitled to a total of 12 weeks (480 hours) of sick
leave each year for all family care purposes. In order to use the full
12 weeks of sick leave to care for a family member with a serious health
condition, an employee must maintain a sick leave balance of 80 hours.

\(4\) **Sick Leave for Adoption.** An employee may use sick leave for
purposes related to the adoption of a child. This may include:
appointments with adoption agencies, social workers, and attorneys;
court proceedings; required travel; any periods of time the adoptive
parents are [ordered or required]{.underline} by the adoption agency or
by the court to take time off from work to care for the adopted child;
and any other activities necessary to allow the adoption to proceed.
Sick leave may not be used by adoptive parents who voluntarily choose to
be absent from work to bond with an adopted child.

b\. **Sick Leave Requests**

\(1\) It is the responsibility of employees who are incapacitated for
duty to report, or have some responsible person report, their illness as
early as practicable. Generally this will be at the beginning of the
tour of duty but not later than 2 hours thereafter, or at the time
specified in the leave policy of the installation or by prior written
direction in their particular case according to the circumstances of
employment. Subsequent reports, if any, will be made to the immediate
superior as required locally. Employees who expect to be absent more
than 1 day should inform their supervisors of the approximate date that
they expect to return to duty. Supervisors may ask their employees at
the time to report periodically on their progress, but daily reports
will not be required. It would be reasonable for a supervisor to require
that an employee who has been absent a long time to call or notify the
supervisor a day or so before expecting to return to duty. This is
necessary to make appropriate staffing and work adjustments,
particularly in cases of shift workers.

\(2\) An employee on sick leave for more than 3 workdays must enter a
leave request into the ETA or other electronic system upon return to
duty, and furnish satisfactory evidence of the need for sick leave
during the period of absence. If the medical certificate is not
considered a reasonable basis for approval of sick leave, the employee
may be required to furnish additional evidence. Usually the employee
health physician will make any contact with the employee's physician
concerning medical diagnoses. When it would be unreasonable to require a
medical certificate because of shortage of physicians, remoteness of
locality, or the nature of illness which did not require a physician\'s
services, the employee\'s signed statement of reasons why other
supporting evidence is not furnished may be accepted in lieu of a
required medical certification. An employee who has been absent because
of illness and who is unable to furnish a medical certificate may be
referred to the employee health physician for a medical recommendation.

\(3\) Generally the ETA or other electronic request for approved leave
and medical certificates, or their equivalent, should not be required
for periods of sick leave of 3 days or less. Where there is reason to
believe that an employee is abusing the use of sick leave, a medical
certificate may be required for any period of absence. The employee
should be informed in advance, and in writing, that such a requirement
has been established in his or her case. The notice of requirement of a
medical certificate should set a reasonable time after return to duty
for submission of the certificate. Failure to furnish a medical
certificate may be cause for disapproval of sick leave. Such failure
will not of itself be the cause for disciplinary action.

\(4\) When an employee has been given notice that any sick leave request
must be supported by a medical certificate, leave approving officials
will review the case in not later than 6 months to determine whether the
requirement for furnishing a medical certificate for approved sick leave
may be eliminated. If it is determined that a medical certificate is no
longer required for sick leave of 3 days or less, the employee shall be
so notified in writing.

\(5\) An employee will not routinely be required to reveal the nature of
illness as a condition of approval of leave. However, food handlers must
disclose certain kinds of diseases upon return to duty in order that
they may be examined to protect patients and others from certain types
of communicable diseases. (See VA Handbook 5019, Occupational Health
Services.)

\(6\) When illness occurs during a period of annual leave or LWOP, sick
leave may be substituted for annual leave or LWOP, provided the illness
is reported promptly to the employee\'s supervisor and the request is
supported by medical certification or other acceptable evidence. Sick
leave may be granted during annual leave or to become eligible for
donated leave in accordance with 5 CFR 630.405.

c\. **Prolonged Illness.** Employees who are not expected to return to
duty because of prolonged incapacitation will, where possible, be
granted all available sick leave and such annual leave that cannot be
included in lump-sum payment. (Refer to the rules on the appropriate use
and termination of annual leave balances for employees who are
participants in the Voluntary Leave Transfer Program (5 CFR 630.909-910;
and 5 CFR 630-1205) on the use of paid leave by employees while invoking
their Family and Medical Leave entitlements.) Employees who can
reasonably be expected to return to duty after a prolonged period of
incapacitation may be advanced sick and annual leave or granted LWOP.

d\. **Advanced Sick Leave.** In cases of serious disability, ailments,
or for adoption-related purposes, an employee with no time limit in his
or her appointment may be advanced sick leave not in excess of 30 days
(240 hours). An employee serving under a time limited or term
appointment may be granted sick leave up to the total leave that would
otherwise be earned during the term of the appointment. There may not be
more than 30 days (240 hours) of advanced sick leave on an employee\'s
record at any one time. In the case of sick leave for family care and
bereavement, any or all of the first 5 days (40 hours or its equivalent
for part-time employees or employees on uncommon tours of duty) used for
those purposes each leave year may be advanced. The amount of annual
leave to an employee\'s credit generally will have no bearing on grants
of advanced sick leave (5 U.S.C. 6307(d); 5 CFR 630.404).

e\. **Liquidation of Advanced Sick Leave**

\(1\) As current leave is accrued it must be applied against any
advanced leave.

\(2\) At the employee's request, advanced sick leave may be liquidated
by a charge against an equivalent amount of annual leave provided;

\(a\) The annual leave is substituted prior to the time it would be
forfeited, and

\(b\) The approving official would have been willing to grant the annual
leave had the employee requested it.

f\. **Prohibition Against Substitution of Annual Leave for Sick Leave.**
Annual leave cannot be retroactively substituted for regular sick leave.

g\. **Sick Leave and Outside Employment**

\(1\) An employee who engages in outside employment (whether
self-employed or working for others) during any part of the time for
which he or she requests sick leave, shall notify the supervisor of the
outside employment.

\(2\) Normally, employees may not be granted sick leave due to personal
illness or injury for any period during which it is known that they
perform outside employment. Any exceptions to this rule must be
justified and documented. An exception to the rule might be where
employees confined at home because of pregnancy or recuperation from
illness or injury, engage in sedentary work such as telephone
solicitation work, writing, or other similar activities. In some cases
of injury, such as those involving broken limbs, while the nature of the
injury might prevent employees from carrying out the official duties, it
might not prevent them from engaging in some form of simple sedentary
work.

h\. **Involuntary Annual and Sick Leave**

\(1\) An employee shall not be placed on involuntary annual leave as a
disciplinary measure, or during an advance notice period of proposed
separation, removal, or suspension for more than 30 calendar days. (See
5 CFR 752.404 and VA Handbook 5021 - Enforced annual leave during a
notice period is a suspension).

\(2\) Other than as provided in subparagraph (1) above, an employee may
be placed on involuntary annual or sick leave when the needs of the
service dictate. In field facilities, such action must be approved by
the facility head, and in Central Office by Administration Heads,
Assistant Secretaries, Other Key Officials, and Deputy Assistant
Secretaries. Such leave shall be terminated when the employee reports
for duty and is determined able to perform his or her duties.

\(3\) Employees, who, because of illness (mental or physical) are unable
to perform their duties, may be placed on involuntary sick leave.
Administration Heads, Assistant Secretaries, Other Key Officials, Deputy
Assistant Secretaries and field facility heads must approve such
actions. Such sick leave will be

terminated when the employee reports for duty and competent medical
authority determines that the individual is able to perform assigned
duties.

\(4\) When an employee, because of vicious or intemperate conduct or
illness (mental or physical) reasonably may not be regarded as ready,
willing and able to perform assigned duties for the time being and such
conduct or physical or mental condition creates an emergency situation
constituting an immediate threat to Government property or to the
well-being of the employee, other workers, or the general public, the
employee may be placed on sick or annual leave, or in a LWOP status (38
Comp. Gen. 203) as leave account balances or circumstances may require.
When the immediate emergency has been relieved and there has been an
opportunity to evaluate the circumstances of the incident with the
result that initiation of disciplinary measures (suspension without pay
or removal) are decided upon, the procedural steps for suspension may
follow in due course. If, in the meantime, the employee appears for duty
and is determined to be ready and able to perform assigned duties,
continuation of the enforced leave would be unauthorized. Refer to the
information on excused absence in paragraph 12j for instructions about
enforced absence in a pay status without charge to leave when the
employee is ready and able to perform assigned duties, but it is
determined not to be in the public interest to restore the employee to
active duty after involuntary leave; or it is in the interest of the
Government to have the employee off the job during investigation
preliminary to a determination whether to impose a suspension.

i\. **Leave Accumulation for Overseas Employees.** Refer to 5 U.S.C.
6304(b) and 5 CFR 630, subpart F for information about leave for
employees recruited for service outside the United States and District
of Columbia.

[]{#PtIIICh2para5 .anchor}**5. ABSENCE FOR MATERNITY OR PATERNITY
REASONS**

a\. **General**

\(1\) Leave related to maternity reasons may consist of sick leave,
annual leave, LWOP, or Family and Medical Leave. Statutory and
regulatory procedures for implementing Family and Medical Leave
entitlements are found in 5 U.S.C. 6381-6387 and 5 CFR 630.1201-1211.
Pregnancy will not jeopardize an employee's job.

\(2\) The granting of leave for maternity reasons will take into
consideration the need for protecting the mother and the infant, to
avoid occupational hazards to other employees, and for maintaining work
requirements. Leave for maternity reasons is not to be construed as
sanctioning the use of sick leave for infant care or the conditions of
pregnancy without regard to whether the employee is incapacitated for
duty or undergoing medical treatment.

b\. **Notice and Starting Date of Leave**

\(1\) An employee shall be encouraged to report a pregnancy to her
supervisor as soon as it is an established fact so that any necessary
steps may be taken (a) to protect the employee\'s health or modify work
or working conditions and (b) to plan for any necessary staffing during
her prospective absence.

\(2\) The date on which an employee becomes incapacitated for duty by
pregnancy and confinement will be determined according to the
circumstances of each individual case. Under no circumstances will a
department-wide, facility-wide, or office-wide practice be adopted of
establishing such a date uniformly for all persons.

c\. **Review of Working Conditions**

\(1\) When an employee reports her pregnancy, administrative officials
shall immediately determine (with advice from the employee health
physician and the employee\'s personal physician, where necessary),
whether her duties and work surroundings involve exposure to health
hazards peculiar to her condition. Where possible, such hazards should
be reduced or eliminated.

\(2\) Pregnant employees shall not be permitted to perform heavy
lifting, continuous standing or moving about or be exposed to toxic
substances or contagious diseases (as used here, the term contagious
disease means any illness that can be transmitted directly or indirectly
from one person to another). Where such conditions exist in an
employee\'s regularly assigned duties, reasonable efforts shall be made
to detail or temporarily reassign her to other available work that she
is qualified to perform, and to provide her with gainful employment as
long as she is not incapacitated for duty.

\(3\) When there is any question as to the physical ability of the
employee to perform her job without hazard to her health, the employee
health physician shall consult the employee\'s personal physician
concerning her health before making a determination as to her fitness
for continuing in a duty status.

d\. **Granting Leave.** Employees who are incapacitated for duty or who
require medical examination or treatment because of pregnancy or
confinement will be granted leave as indicated below, provided a medical
certificate or other acceptable evidence of such is submitted:

\(1\) When an employee is not expected to return to duty following
pregnancy and confinement, she will be granted accumulated and accrued
sick leave, consistent with medical needs. Where resignation or
separation occurs, the action will be taken at the expiration of leave,
except that action will be taken at an earlier date where required for
the purpose of terminating time-limited employment or reduction in
force.

\(2\) Where the employee expects to return to duty following pregnancy
and confinement, she may be granted such accumulated and accrued annual
leave as required. Advanced sick leave in cases of serious disability,
annual leave, LWOP and Family and Medical Leave, may be granted under
conditions meeting the criteria for such leave.

e\. **Absence for Paternity Reasons.** A male employee may request
annual and sick leave, LWOP, and Family and Medical Leave for purposes
of assisting or caring for his minor children or the mother of his
newborn child while she is incapacitated for maternity reasons (see CFR,
part 630, subparts C, D, I, and L for appropriate guidance and
application).

[]{#PtIIICh2para6 .anchor}

**6. LEAVE IN CONNECTION WITH RETIREMENT**

a\. **General**

\(1\) The general rule that an employee is to be paid a lump sum for the
annual leave to his or her credit at the time of separation, applies
also in retirement cases.

\(2\) Employees who make it known that they are contemplating optional
retirement, will generally not be authorized annual leave from which
they will not return to duty, unless it meets the needs of the service.

\(3\) If incapacitated for work, an employee retiring for any reason may
be granted sick leave up to and including the date of retirement.

b\. **Disability Retirement**

\(1\) An employee who is incapacitated for work and who has an
application pending for disability retirement may be granted all
available sick leave requested. However, it would be inappropriate to
grant advanced sick leave pending a decision from OPM on the claim.
There is no authority requiring an employee to refund the amount paid
for leave advanced prior to separation when the employee is retired for
disability or is unable to work because of illness (29 Comp. Gen. 234).

\(2\) The employee with a pending claim for disability retirement may
also be granted annual leave pending final action by OPM. When
disability retirement has been approved, additional annual leave should
not be granted (34 Comp. Gen. 61). Upon request of the employee, LWOP
may be granted even though the employee has a sick or annual leave
balance.

\(3\) Upon receipt of approval of disability retirement, any sick leave
remaining to the credit of the employee shall be granted as recommended
in Section 60A6.1-2B-D in Chapter 60, [The OPM CSRS and FERS Handbook
for Personnel and Payroll Offices]{.underline}.

\(4\) This policy will apply except when not administratively
practicable because of an overriding requirement for separation as of a
specific date. (See reduction-in-force procedures in part IV of VA
Handbook 5005 for VA policy about retaining employees on the rolls on
approved earned sick leave even though other employees in the same
competitive level with higher retention standing are adversely affected
in a reduction in force.)

[]{#PtIIICh2para7 .anchor}**7. LEAVE FOR FIELD FACILITY HEADS**

a\. **Approval.** Heads of field facilities may avail themselves of
annual, sick, military or court leave without higher level approval.
They must, however, obtain the approval of advanced sick or annual leave
in excess of 5 days. Periods of extended sick leave (as in the case of
utilization of all accrued sick leave prior to or after application for
optional retirement) also must be approved by Central Office. The heads
of field facilities may also avail themselves of LWOP not to exceed any
period of 10 workdays and authorized absence not to exceed any period of
5 workdays, without approval of their appropriate organization heads.
The 5 days of authorized absence shall be exclusive of any travel
properly associated with the absence. All other leave and absences of
field facility heads must be approved by appropriate Administration
Heads, Assistant Secretaries, Other Key Officials and Deputy Assistant
Secretaries.

b\. **Notice to Central Office.** For any period of absence in excess of
5 workdays, the heads of field facilities or persons acting on behalf of
the facility Director will notify the organization head specifying the
inclusive dates and nature of absence. Field facility heads will keep
their facility informed of where they can be reached in the event of an
emergency.

[]{#PtIIICh2para8 .anchor}**8. LEAVE IN CONNECTION WITH TRAVEL**

a\. Employees traveling at Government expense are in a duty status for
the period required to perform the travel authorized unless the total
elapsed travel time is excessive. If travel is interrupted or delayed
for the convenience of the employee, leave shall be charged for the
period of interruption or delay. When employees have been authorized to
travel by privately owned conveyance for their convenience, leave shall
be charged for travel time during the employees' regularly scheduled
basic workweek in excess of that which would have been required had
travel been performed by the carrier used to determine per diem
allowance, as provided in MP-1, part II, chapter 2, paragraph 9.

b\. When use of privately owned conveyance is authorized or approved as
being advantageous to the Government, and employees use excessive travel
time to enable them to be absent from assigned duties for such purposes
as the taking of leave or the performance of circuitous travel, leave
shall be charged for the excessive time. The period to be charged to
leave will be based on the facts in each case.

[]{#PtIIICh2para9 .anchor}**9. MILITARY LEAVE**

a\. **Kinds of Military Leave.** There are four kinds of military leave
for VA employees who are members of the Reserve components of the Armed
Forces or National Guard, as follows:

\(1\) Not to exceed 15 calendar days in a fiscal year authorized by 5
U.S.C. 6323(a) for active duty and active and inactive duty training. An
employee can carry over a maximum of 15 days into a new fiscal year.
Therefore, potentially they may have a total of 30 days to use in any
one fiscal year. In addition, reservists whose military duty spans two
fiscal years may use up to 45 days of military leave at one time.
(Inactivity Duty Training is authorized training performed by members of
a Reserve component not on active duty and performed in connection with
the prescribed activities of the Reserve component. It consists of
regularly scheduled unit training periods, additional training periods,
and equivalent training VA will follow regulations provided in
Department of Defense Instruction Number 1215.19, March 14, 1997;
Uniform Reserve, Training and Retirement Category Administration;
Enclosure 4, Definitions; E4.1.15).

\(2\) Not to exceed 22 workdays per calendar year for emergency duty as
ordered by the President or a State governor authorized by 5 U.S.C.
6323(b). This can be for law enforcement or the protection of life and
property.

\(3\) Unlimited military leave to members of the National Guard of the
District of Columbia for certain types of duty (ordered or authorized
under title 10 of the District of Columbia Code) is authorized by
5 U.S.C. 6323(c).

\(4\) Reserve and National Guard Technicians (only) are entitled to 44
workdays of military leave for duties overseas under certain conditions
as authorized by 5 U.S.C. 6323(d).

b\. **Effect of Military Leave on Civilian Pay.** An employee's civilian
pay remains the same for periods of military leave under 5 U.S.C.
6323(a) and (c), including any premium pay an employee would have
received if not on military leave. For military leave under 5 U.S.C.
6323(b), the employee's civilian pay is reduced by the amount of
military pay for the days of military leave. However, an employee may
choose not to take military leave and instead take annual leave in order
to retain both civilian and military pay.

c\. **Eligibility.** Regular full-time and part-time employees
(permanent, temporary indefinite, temporary pending the establishment of
a register, or term appointment for more than 1 year), who are members
of the National Guard or a Reserve component of the Armed Forces are
eligible for military leave when ordered to perform military duty.
Intermittent, or temporary (time limited to 1 year or less) employees
are not eligible for military leave (5 U.S.C. 6323(a)(1) 2 and (b) (See
18 Comp. Gen. 538.)

d\. **Granting and Charging Military Leave.** To the extent authorized
by law, military leave shall be granted for active and inactive duty
training, or engaging in field or coast defense training when
appropriate documentation pertaining to these activities is presented to
the leave-approving official. Military leave is credited to full-time
and part-time employees on the basis of an 8-hour workday. The minimum
charge to leave is 1 hour. An employee may be charged military leave
only for hours that the employee would otherwise have worked and
received pay. Employees who request military leave for inactive duty
training (which generally is 2, 4, or 6 hours in length) will now be
charged only the amount of military leave necessary to cover the period
of training and necessary travel. Non-workdays (weekends and holidays)
that occur within the period of military service will not be charged to
military leave. **NOTE:** *Military leave is charged if an employee is
schedule to work on a holiday.*

e\. **Final Approval.** Final approval of military leave shall be
contingent upon the employee furnishing certification from the military
authorities confirming that military duty was performed for the period
that military leave was granted.

f\. **Advance Notice.** All eligible employees will be encouraged to
notify approving officials as far in advance as possible of their need
for military leave so that arrangements can be made to prepare for their
absences while on leave.

[]{#PtIIICh2para10 .anchor}**10. COURT LEAVE**

a\. **General.** The legal citations and decisions and interpretations
of the Comptroller General and VA policy will be followed in:

\(1\) Granting court leave;

\(2\) Advising employees when jury and witness fees must be collected
and turned over to the agent cashier or payroll office; when it is
permissible to retain fees; when no jury or witness fee should be
collected;

\(3\) Continuing an employee on official duty for the time required to
testify in his or her official capacity whether on behalf of the Federal
Government, that of the District of Columbia, State or local government,
or a private party;

\(4\) Continuing an employee on official duty for the time required to
testify in an unofficial capacity on behalf of the Federal Government or
that of the District of Columbia; and

\(5\) Determining entitlement to compensation when performing jury or
witness service.

b\. **Department Policy on Jury Service.** VA considers jury duty a
civic responsibility. Requests for release of employees from jury duty
shall be made only in exceptional situations, such as (1) to provide
critically necessary patient care, or (2) when the services of the
employees are absolutely necessary to meet important deadlines. In such
cases, the head of the field facility concerned or the Administration
Head, Assistant Secretaries, Other Key Officials, and Deputy Assistant
Secretaries for Central Office employees under their jurisdiction, may
direct a letter to the court which has requested the services,
explaining the facts and requesting that the employees be released from
duty.

c\. **Return to Duty after Court Leave.** Employees who are granted
court leave and are excused or released by the court for any day or
substantial portion of a day are expected to return to their regular VA
duties, except when:

\(1\) Only a small portion of the workday would be involved and thus no
appreciable amount of VA service would be rendered; or

\(2\) The distance from the court to the place of duty is such that this
would be an unreasonable requirement; or

\(3\) The regular tour of duty occurs at night (see Comp. Gen. 26413
(1946)).

d\. **Witnesses.** The following VA interpretations are given as guides
in answering certain questions on testimony of employees in courts of
law. Federal employees who are summoned as witnesses are authorized
court leave under 5 U.S.C. 6322.

\(1\) **Testimony for the Government in an Official or Unofficial
Capacity**

\(a\) When a VA employee\'s testimony is required in an official or
unofficial capacity, or when producing official records in litigation in
which the Federal Government or District of Columbia is a party, the
employee is to be considered in an official duty and pay status while so
engaged. The employee in such

circumstances will not be carried on court leave. (5 U.S.C. 6322(b); 38
Comp. Gen. 142(1958); and 5 Civilian Personnel Law Manual (CPLM) 2-21
(1990).)

\(b\) When a VA employee\'s testimony is required in an official
capacity on behalf of a State or local government, the employee is to be
considered in an official duty and pay status. If testimony is in an
unofficial capacity on behalf of a State or local government, the
employee will be carried on court leave (Comp. Gen. 83, 84 (1947)).

\(c\) For a discussion of fees when testifying for the Federal
Government, District of Columbia, State or local governments, see MP-1,
part II, chapter 2, paragraph 12b for instructions about authorizing
travel and per diem at Government expense.

\(2\) **Testimony in Private Litigation in an Official and Unofficial
Capacity (5 U.S.C. 5515, 5537, 6322)**

\(a\) When the value of the witness\' testimony in private litigation
arises from the employee\'s official capacity and the employee is
subpoenaed to testify in that capacity, or to produce official records,
the employee will be carried in an official duty and pay status during
the period of necessary absence in responding to such subpoena. No
charge will be made to court leave (15 Comp. Gen. 196; 27 Comp. Gen.
86). In those circumstances where the employee testifies in a State
Court, the employee should be instructed to collect authorized witness
fees and allowances for expenses of travel and subsistence. All amounts
authorized over and above the amount of actual expenses will be
accounted for and deposited as miscellaneous receipts (15 Comp. Gen.
196).

\(b\) In any case where the value of the witness\'s testimony arose
while serving in an official capacity as an officer or employee of
another Government agency or the District of Columbia Government, the
employee may be regarded as having been in an official duty status while
testifying in court and may be paid the regular compensation for the
period involved (Comp. Gen. B-160343). The employee will be instructed
to collect authorized witness fees and allowances for expenses of travel
and subsistence. All amounts authorized over and above the amount of the
actual expenses will be paid into miscellaneous receipts.

\(c\) Court leave will be granted to employees who appear as witnesses
in an unofficial capacity on behalf of a private party in connection
with any judicial proceeding to which the United States, the District of
Columbia, or a State or local government is a *party*. In these cases,
the employee is not entitled to retain fees received as an unofficial
witness. In a judicial proceeding involving only private parties, the
employee is required to take annual leave or leave without pay to appear
in such a proceeding and is entitled to retain any fees paid for the
witness service.

\(d\) Precedent Comptroller General decisions, including those cited
above, may be found on the OPM website under Leave Administration, Index
of Laws, Regulations, and other references related to leave
administration.

[]{#PtIIICh2para11 .anchor}**11. LEAVE FOR OFFICE OF WORKERS'
COMPENSATION PROGRAM**

a\. **Retention on Rolls.** An employee who has a claim pending with the
Office of Workers\' Compensation Programs (OWCP) and who is
incapacitated for work shall be granted any leave or LWOP necessary to
retain the employee in an employment status until such time as the claim
is acted upon, except in case of an overriding requirement for
separation, such as reduction-in-force or removal for cause. If the OWCP
determines that an employee is permanently and totally disabled, the
employee should be separated. (An employee\'s election between
retirement and employees\' compensation is discussed in the OPM CSRS and
FERS Handbook.)

b\. **Substitution of Annual or Sick Leave for LWOP.** Employee who
request LWOP pending adjudication of their claims may, if their claims
are disallowed, and they are still employed, be retroactively granted
annual or sick leave.

c\. **Substitution of LWOP for Annual or Sick Leave**

\(1\) An employee who has used sick leave or annual leave pending
adjudication of an OWCP claim, which is later approved, should be
informed by the human resources office about procedures for \"buying
back\" the leave. This can be accomplished by the employee\'s election
to be placed in a non-pay status for the period and by the employee's
authorization for the OWCP to reimburse the agency for leave used based
on compensation entitlement (with the employee receiving or paying the
difference).

\(2\) The substitution should be made promptly, and the OWCP will be
notified of the employee\'s last day in pay status. For leave record
purposes, the request for substitution should be made within 1 year of
approval of the OWCP claim, unless it is administratively determined
that the employee was prevented from exercising this option because of
the disability which gave rise to the claim. In such case, the employee
may make the election within 1 year of the time it is determined that
the employee has sufficiently recovered from the disability to be able
to make a reasoned decision. The employee\'s election should be in
writing and is not subject to revocation.

d\. **Extended LWOP.** In a case where an employee\'s condition requires
extended absence because of duty-connected illness or injury, the length
of LWOP granted will be determined on the basis of the nature of the
disability and the LWOP criteria. If the OWCP accepts the employee\'s
claim, but does not determine that the employee is permanently and
totally disabled, the granting of leave without pay should be in
accordance with current leave procedures.

[]{#PtIIICh2para12 .anchor}**12. AUTHORIZED ABSENCES**

a\. **General.** An employee may be given authorized absence without
charge to leave when:

\(1\) The activity is considered to be of substantial benefit to VA in
accomplishing its general mission or one of its specific functions, or

\(2\) The activity will clearly enhance an employee\'s ability to
perform the duties of the position presently occupied or may be expected
to prospectively occupy, or

\(3\) The basis for excusing the employee is fairly consistent with
prevailing practices of other Federal establishments in the area
concerning the same or similar activities.

b\. **Voting and Registration**

\(1\) Approving officials may excuse employees without charge to leave
for voting and registration.

\(2\) Officials responsible for administering the leave program shall
assemble information concerning hours during which polls are open in
areas in which their employees reside and make administrative
determinations as to the amount of absence that may be authorized
without charge to leave.

\(3\) All employees shall be notified of these determinations and of the
local procedure to be followed.

c\. **Civil Defense and Disaster Activities**

\(1\) **VA Programs.** Employees required to be absent from their normal
duties because of planning, training, or other similar responsibilities
in VA\'s own disaster and civil defense program will be considered to be
in an official duty status.

\(2\) **Community Programs.** Responsible officials in Central Office
and heads of field facilities may, from year to year, authorize
employees under their jurisdiction who have volunteered and been
selected for civil defense assignments to participate in pre-emergency
training programs and test exercises conducted by any State or political
subdivision thereof. Employees may be authorized to participate in these
programs or exercises without charge to leave up to a total of 40 hours
during a calendar year.

(3*)* **State Guard or Civil Air Patrol.** Employees called by State or
local authorities to emergency duty for protective or rescue work in the
State Guard (any State military organization which is not a part of the
National Guard) or Civil Air Patrol shall be excused by the facility
head without charge to leave for such duty for a period of not more than
3 workdays for any one incident. Administration Heads, Assistant
Secretaries, Other Key Officials, and Deputy Assistant Secretaries may
approve such absence in excess of 3 days but not to exceed 5 workdays.
Absence for this purpose beyond 5 days for one incident must be charged
to annual leave or to LWOP if annual leave is not available. (See
paragraph 9 for instruction on granting military leave to a National
Guardsman who is called to duty for law enforcement.)

d\. **Participation in Military Funerals.** Employees who are veterans
of any war, campaign, or expedition (for which a campaign badge has been
authorized) or members of honor or ceremonial groups of organizations of
such veterans may be excused from duty without loss of pay or deduction
from their annual leave, for such time as may be necessary, but not in
excess of 4 hours in any one day, to enable them to participate as
active pallbearers or as members of firing squads or guards of honor in
funeral ceremonies for members of the Armed Forces of the United States
whose remains are returned from abroad for final interment in the United
States. Where a national cemetery is on or adjacent to VA grounds,
employees may be excused without charge to leave to participate in any
military funeral.

e\. **Blood Donor Programs.** Employees who give blood without
compensation to the Red Cross (or any similar organization), to any VA
patient or employee, or to replace blood required by any VA employee,
may be excused without charge to leave for any portion of the day blood
is donated which may be desirable for rest and recuperation.

f\. **Tardiness or Brief Periods of Absence.** An unavoidable or
necessary absence from duty and tardiness of less than 1 hour may be
excused when the reasons for the absence appear to be adequate to the
leave approving official. Unexcused absences or tardiness may be handled
by either:

\(1\) Allowing the employee to use earned compensatory time, annual
leave, or LWOP to cover the period of the absence. However, in this
case, if the leave charge exceeds the period of absence, the employee
will not be required to work during the period covered by leave.

\(2\) Charging the time absent to AWOL.

**NOTE:** *In order for tardiness to be a basis for disciplinary action,
the time lost must be charged to AWOL; any prior tardiness that had been
excused, or charged to leave or compensatory time, may be used merely to
cite a pattern of tardiness.*

g\. **Taking Examinations**

\(1\) **Civil Service Examinations.** Employees required to take civil
service examinations in connection with a pending placement action
within VA shall be excused without charge to leave for the time
necessary for this purpose. Employees' absence when taking open
competitive civil service examinations on their own initiative shall be
charged to leave.

\(2\) **VA Placement Matters.** Employees required to report for
placement interviews or examinations in connection with placement within
VA will be authorized absence for the time involved when such matters
are conducted during the employees' regular work-hours.

\(3\) **Medical Examination and Treatment.** Employees who are examined
or treated in VA facilities for illness or minor non-duty-connected
injury, or who are ordered for VA employment or civil service medical
examinations, vaccinations, X-rays, etc., or who are authorized to
participate in any VA or civic health or immunization program, will be
excused without charge to leave for the time necessary to be examined,
treated, or vaccinated. This authority to excuse employees for medical
examinations or treatment is limited to brief periods, usually not to
exceed 1 day (44 Comp. Gen. 333).

\(4\) **Duty Connected Injury or Illness** (see paragraph 11 regarding
Workers' Compensation Programs)

\(a\) An employee who suffers a duty-connected injury or illness will be
excused without charge to leave for any absence during a workday
(including local travel time) required for initial examination or
outpatient

treatment by a United States medical officer, or any duly qualified
physician or at any hospital of the employee\'s choice.

\(b\) When disability starts, employees having leave credits may elect
to use such leave to cover all or any part of the absence. In such
cases, compensation for disability will not begin and the time periods
specified in OWCP regulations will not begin to run until leave has
ceased.

\(c\) An employee who sustains a disabling job-related traumatic injury
may elect continuation of regular pay for a period not to exceed 45
days, instead of using leave credits. In these cases, the employee will
be excused without charge to leave for any fraction of a day or shift on
the day of the injury with no charge to the 45-day period. This 45-day
period starts on the first full calendar day or first full shift when
disability begins.

\(d\) An employee who chooses to take LWOP instead of paid leave while
securing examination and treatment as outlined in subparagraph (b)
above, may receive OWCP compensation payments for this time if the case
meets the criteria for such payment under the OWCP rules and
regulations.

\(5\) **Armed Forces Examinations.** Employees will be excused without
charge to leave, generally not to exceed 1 day, to obtain physical
examination to determine fitness for entry on extended active duty or
assignment to active duty with the Armed Forces, or to determine
qualifications for retention in reserve components provided no military
pay is received for the period.

h\. **Conferences or Conventions**

\(1\) **Attendance at National Conventions of Service Organizations.**
Prior approval of the Secretary, or Deputy Secretary, is required for
attendance at National Conventions of veterans\' services organizations
as a representative of VA. When approved, such absence will be without
charge to leave.

\(2\) **Attendance at Meetings**

\(a\) The opportunity for development afforded by participation in
professional, administrative, or technical meetings is a significant
factor in creating the kind of working atmosphere which helps to attract
and retain competent personnel, and improve the work of the agency.
Attendance at gatherings of scientists or other professional, technical,
or administrative persons is a positive means of facilitating effective
communication of ideas and information in areas of significant agency
need. Therefore, a scientist, or other professional or administrative,
or technical employee of any kind who desires to attend a professional,
technical, or administrative meeting is encouraged to request approved
absence for this purpose. Such requests will be processed as
expeditiously as possible and reasonable efforts will be made to
distribute opportunities for attendance widely among those who are
eligible.

\(b\) Employees may be excused without charge to leave to attend
meetings which are concerned with the functions or activities of VA, or
which will contribute to improved conduct, supervision, or management of
those functions or activities. This will include meetings, conventions
(religious retreats in the case of Chaplains) or conferences of
recognized professional technical, or administrative organizations and
of private organizations if attendance at the meetings will contribute
to improved conduct, supervision, or management of the functions or
activities of VA. However, representatives of labor organizations may
not be granted excused absence for meetings concerning internal labor
organization matters.

\(c\) Excused absence may be approved for attendance at meetings even if
travel at Government expense is not approved. However, the period of
authorized absence without charge to leave for travel at the employee\'s
expense will not exceed the time for which per diem would have been paid
had travel been authorized at Government expense.

i\. **Training**

\(1\) **General.** Employees may be excused to attend educational
lectures, seminars, courses of instruction, etc., in the VA in-service
training programs and to participate in other training as defined in 5
U.S.C. 4104. While absent from the usual worksite for such activity, the
employee is considered to be on official duty during normal work-hours.

\(2\) **Representing Labor Organizations**

\(a\) Administration Heads, Assistant Secretaries, Other Key Officials
and Deputy Assistant Secretaries in Central Office and facility
directors may excuse labor organization representatives without charge
to leave for training sponsored by labor organizations or the agency
where the training will be of benefit to both the agency and the labor
organization within the purposes of Title VII of Public Law 95-454.

\(b\) Normally attendance at labor organization conventions is
considered internal organization business unless there is clear and
unequivocal information to the contrary.

\(c\) Requests for excused absence for training of a labor organization
representative should be submitted by the employee in writing together
with information supplied by the exclusive organization setting forth
the content of training, its duration, a statement of how the training
is related to the employee\'s performance of VA duties and a statement
that the training is required. In addition, the employee\'s request
should be submitted sufficiently in advance so that the facility can
review the matter and make a decision.

j\. **Pending Suspension or Removal (38 Comp. Gen. 203)**

\(1\) When an employee who has been on involuntary sick or annual leave
or on LWOP under authority contained in paragraph 4g reports for duty
and is determined to be ready and able to perform assigned duties, but
it is determined to not be in the public interest to restore the
employee to active duty, that person may be continued off duty in a pay
status without charge to leave for the short time necessary to effect
suspension with citation of appropriate reasons, in accordance with OPM
and VA instructions.

\(2\) During investigation of employees for wrong-doing, such as
suspected theft or fraud, when it is in the interest of the Government
to have the employee off the job preliminary to determination to suspend
him or her or initiate removal action; but when the employee is ready
and able to perform duties and any conduct or

physical or mental condition does not create an emergency situation, the
employee may be relieved from duty and continued in a pay status without
charge to leave for such time as is necessary to effect suspension. (See
paragraph 4g for instructions concerning involuntary absence in a leave
status.)

k\. **Participation in Hearings, Appeals**

\(1\) VA employees required or authorized to be present at VA or other
Federal hearings or boards will be authorized absence from normal duties
without charge to leave for that purpose.

\(2\) The responsible supervisor, with the advice of the Human Resources
Office, will grant the employee, and designated representative if he or
she is a VA employee, a reasonable amount of time during regular working
hours without charge to leave for preparation of reply to charges,
preparation of a case for presentation in a hearing, or preparation of
an appeal either with VA or to the designated Federal agency. Generally
one day will be sufficient for any of these absences. However, the
supervisor will take into consideration the complexity of the case and
length of the charges or hearing record in determining what may be
considered a reasonable amount of time.

l\. **Participation in Civic Organizations.** The absence of facility
directors is authorized and they may authorize other responsible
officials to attend periodic meetings of local civic organizations
without charge to leave.

m\. **Absence for Congressional Medal of Honor Holders.** When all
Congressional Medal of Honor holders are invited, employees who are
Medal of Honor holders shall be excused without charge to leave for
sufficient time to attend or participate in events such as:

\(1\) Inaugurations of the President of the United States.

\(2\) Conventions of the Congressional Medal of Honor Society.

\(3\) Memorial Day or Veterans Day services.

n\. **Meetings with Labor Organizations and Other Groups.** Employees
representing labor organizations may be excused in accordance with the
provisions of Title VII of Public Law 95-454. See 5 U.S.C. 7131
regarding official time.

o\. **Rest Periods**

\(1\) Heads of VA establishments may authorize brief periods during
which employees may interrupt their work to obtain refreshments, or
relief from fatigue or constant attending to duty. There may not be more
than two such periods during any single 8-hour period and they should
normally not exceed 10 minutes each and should be regulated to maintain
adequate coverage of essential functions at all times.

\(2\) Employees may be permitted to partake of refreshments at their
desks or other workspace during such periods, except where good taste
would indicate otherwise.

p\. **Securing Government Equipment, Supplies, Records, or Property.**
An employee shall be allowed reasonable time as determined by management
without charge to leave during the tour of duty to pick up and return
equipment, records, or property of any kind used in the performance of
official duties.

q\. **Wash-up Time.** Where necessary, employees shall be excused
without charge to leave for a reasonable time as determined by
management before the end of a tour of duty to wash up.

r\. **Change of Uniforms.** An employee who is required to wear a
uniform and who is not permitted to wear it home, shall be excused
without charge to leave for a reasonable time as determined by
management after the beginning of a tour of duty to change to a uniform
and before the end of a tour of duty to change to street clothes. In
those cases where administrative necessity requires the changing into
and out of uniforms outside the employee\'s tour of duty, compensation
under the overtime pay regulations will be provided when appropriate.
(See part II, chapter 3, paragraph 2 of this handbook).

s\. **Change in Facility**

\(1\) An employee who is being transferred for the convenience of the
Government from one VA facility to another may be excused without charge
to leave for the time required, not to exceed 2 workdays, to make
arrangements for moving. If the employee is authorized absence not to
exceed 10 calendar days to make a round trip in an official travel and
duty status to find housing at the new location; time required for
getting settled at the new location, not to exceed 1 workday, may be
granted as excused absence without charge to leave. Where no advance
round trip is made to the new location, the employee may be authorized
absence not to exceed 5 workdays with no charge to leave to find housing
and move into it within one year after the change in facility.

\(2\) If a VA employee transfers to another Federal agency and that
agency authorizes a round trip to find housing, VA will maintain the
employee in a duty status during the authorized round trip of absence
(See MP-1, part II, chapter 2, paragraph 13h).

t\. **Funerals**

\(1\) An employee is entitled to not more than 3 days of excused absence
(funeral leave) under the provisions of 5 U.S.C. 6326. This excused
absence is authorized for the employee to make arrangements for or
attend the funeral or memorial service of an immediate relative who died
as a result of wounds, disease, or injury incurred while serving as a
member of the Armed Forces in a combat zone (as determined by the
President in accordance with section 112 of the Internal Revenue Code).
See CFR 630. 801-804.

\(2\) While the leave authorized by Section 6326 is a matter of right
and must be granted when appropriate, for reasons indicated below, VA is
continuing a previously established administrative policy that an
employee will be granted excused absence without charge to leave or loss
of pay to attend the funeral of an immediate family member who while
serving in the Armed Forces died as the result of wounds, disease or
injury incurred in the line of duty. Normally, the amount of this
excused absence will be limited to a maximum of 8 hours. Under unusual
circumstances, however, additional excused absence

as considered reasonable may be granted. This excused absence will not
be in addition to that authorized under Section 6326. However, it may be
appropriate to approve excused absence under this administrative policy
when it would not be a right under Section 6326, such as when a member
of the Armed Forces is killed in the line of duty when not in a combat
zone.

u\. **Weather and Emergency Situations**

\(1\) **Definition.** An emergency situation may be caused be heavy
snow, severe icing, flooding, earthquakes, hurricanes, massive power
failures, fuel shortages, major fires, strikes, public transportation
crises, riots, mass demonstrations, etc. The emergency must be general
rather than personal in scope and impact. It should be severe enough to
prevent employees in significant numbers from reporting for work, or may
necessitate the closing of Federal facilities in whole or in part.
Usually, an emergency of this type will be the subject of a public
declaration of emergency by appropriate Governmental authority.
\[Personal impact situations such as an employee's absence as
recommended in accordance with the Centers for Disease Control and
Prevention (CDC) guidelines may also meet the definition of emergency
situation for these purposes.\]

\(2\) **Employees Providing \"Critical\" Services.** There are certain
critical VA operations which cannot be curtailed even though it may be
generally necessary to excuse employees for all or part of a day.

\(a\) **VA Medical Centers, Domiciliaries, and Outpatient Clinics.** All
employees of these facilities are deemed to be providing critical
services. Incumbents of these positions are required to be at work
regardless of emergency situations or any general dismissal
authorization.

\(b\) **Other VA Facilities.** Heads of other types of VA facilities
should identify positions that are also deemed to be providing a
critical service. Except for office closings, incumbents of these
critical positions are also required to be at work regardless of
emergency situations or any general dismissal authorization. Employees
so designated should be made aware, preferably in writing, of the
special requirements placed on them for reporting to, or remaining at,
their work-sites in emergency situations.

\(c\) **Identification.** It may be necessary to provide employees of
critical positions with some identifi-cation that would enable them to
commute at times when only emergency travel is allowed on the highways.

\(3\) **Absences Due to Emergency Situations.** Where it is determined
that an employee in a non-critical position made every reasonable effort
to get to work and was unable to do so, excused absence without charge
to leave may be authorized. These excused absences do not generally
apply to employees who provide critical services as discussed in
paragraph (2) \[ \], because of the need to assure continuity of
essential VA operations. However, in a rare instance, where certain
employees who provide critical services make every reasonable effort to
get to work and are unable to do so, the facility Director may approve
excused absence without charge to leave as provided in paragraph (8)(a)
\[ \].

\(4\) **Early Dismissals**

\(a\) When early dismissal is authorized, excused absence without charge
to leave may be granted to employees who are in duty status. This
includes employees deemed to be providing critical services. For this
purpose, employees are considered to be in duty status if they are:

[1]{.underline}. Actually on duty at time of dismissal;

[2]{.underline}. Excused from duty (or on approved leave) at the time of
dismissal with the expectation that they will return to duty before the
close of the business day; or

[3]{.underline}. On duty when the office issues formal notification of
the scheduled early dismissal, but request and are granted leave between
notification and actual dismissal.

\(b\) Employees who are not in a duty status as described above when
notification of dismissal occurs after opening hours will be charged
appropriate leave for the entire period of absence.

\(5\) **Tardiness.** Under emergency situations, some tardiness may be
excused without charge to leave if it is determined on an individual or
general basis that the tardiness was not reasonably avoidable. This
includes employees deemed to be providing critical services.

\(6\) **Coordinated Group Actions.** Except for VA employees providing
critical services, where there are two or more Federal installations in
the community, there should be a coordinated effort in group dismissals
or in excusing groups of employees from reporting for duty. In this
regard, facility directors are advised to coordinate actions with other
local VA installations, Federal Executive Boards and other Federal
agencies. Where it appears that consistent action cannot be obtained
locally, facilities should seek advice and coordination through
appropriate Departmental channels.

\(7\) **Unusable Workspace.** Where an emergency situation makes the
workspace unusable and no other suitable space can be provided as a
worksite, employees may be excused from duty without charge to leave.
This includes employees deemed to be providing critical services.

\(8\) **Authority for Excusing Employees From Duty**

\(a\) **Field Facilities**

[1]{.underline}. Field facility heads are authorized to excuse employees
from duty and from reporting to duty up to two consecutive days as
outlined in subparagraphs (1) through (7) above.

[2]{.underline}. The appropriate Central Office administration or staff
office head must approve any period of excused absence for field
facility employees in excess of two consecutive workdays.

\(b\) **Central Office**

[1]{.underline}. Only the Secretary may issue orders excusing all
employees from duty or excusing groups of employees.

[2]{.underline}. An Administration Head, Assistant Secretary, or Other
Key Official or designee may excuse an individual employee for any
tardiness and for absence, not to exceed one workday, due to weather or
public emergency situations.

\(9\) **Emergencies of Indefinite Duration.** Where it is necessary to
close operations for some prolonged or regularly recurring period (such
as during a fuel crisis), the use of excused absence is inappropriate.
Other options, which should be considered, are as follows:

\(a\) **Maximum Use of Details or Temporary Relocation.** Every effort
should be made to keep employees at work at affected facilities.
Therefore, employees could possibly be detailed or relocated for useful
work to facilities where operations have not been curtailed.

\(b\) **Extended Work Day and Use of Compensatory Time.** Employees may
be granted compensatory time off where overtime worked is either
irregular or occasional in nature. Under these emergency circumstances
discussed herein, employees could be offered the opportunity to work 2
additional hours on each of 4 days with the overtime to be taken as
compensatory time off on the 5th day within the same workweek.

**NOTE:** *VA policy on compensatory time for GS and FWS employees can
be found in part II, chapter 3, paragraph 5 of this handbook.*

\(c\) **Use of Annual Leave.** General Schedule employees who do not
wish to work overtime hours for compensatory time and Federal Wage
System employees may use any annual leave which is available to them.
While the taking of annual leave can be at the request of any employee,
agencies have the authority to place employees with sufficient annual
leave to their credit (including any annual leave that will accrue to
the employees during the year) on annual leave at times considered
appropriate by management. In exercising the authority to place
employees on annual leave, agencies must comply with the provisions in
negotiated agreements.

\(d\) **Use of Leave Without Pay.** In the absence of earned leave that
will accrue during the year, or if an employee prefers not to use
accumulated leave, an employee can be placed on leave without pay, but
only at the employee\'s request.

\(e\) **Furlough.** Furlough, while not precluded, should generally be
used only as a last resort.

v\. **State or Local Holidays.** If an office is closed on a State or
local holiday because it is determined that Federal work may not be
properly performed, as provided in part II, chapter 3 of this handbook,
absence on such day is not chargeable to leave for any employee of the
office. This is so even if such absence occurs within a period of
approved leave, or at the beginning or end of approved leave. Such
approved time off is considered authorized absence without charge to
leave.

w\. **Parades, Ceremonies and Civic Activities.** Employees may be
excused to attend officially authorized parades and ceremonies, or civic
activities consistent with the prevailing practice among all

Federal agencies in the local area. Employees in a leave status
immediately prior to or following such a period will be charged leave
for the entire period.

x\. **Federal Wage System Operations**

\(1\) All members of local wage survey committees, while performing
committee duties, and all data collectors, while performing duties
connected with the data collection function, are to be considered on
official assignment to the interagency function, not on leave.

\(2\) For testifying at hearings provided by the local wage survey
committee, administrative leave (excused absence without charge to
leave) may be granted for a limited number of representatives of local
labor organizations which have exclusive recognition for wage employees
in the wage area and which wish to present facts or views on the wage
survey. Unless otherwise provided for in a negotiated agreement, a limit
of one representative for each such labor organization at a given
installation normally will be considered adequate to present the views
of that organization. Additional representatives of the organization may
be permitted to testify but normally will not be granted excused absence
without charge to leave in order to do so, unless the wage survey
committee requests their presence as witnesses. Time off for testifying
by employees as individuals will be charged to annual leave, or LWOP if
no annual leave is available.

\(3\) Administrative leave (excused absence without charge to leave) for
a short period of time (ordinarily not to exceed 8 hours) may be granted
to permit the training and indoctrination of labor organization
representatives, including local organization principal officers, labor
organization members of local wage survey committees and organization
nominated data collectors, on Federal Wage System policies.

y\. **Status of Employees on Leave when Work Force is Excused**

\(1\) **Workday.** If an employee is on approved leave or in an AWOL or
LWOP status on a day when employees are excused from duty or from
reporting for duty and there is no administrative order declaring the
day a non-workday, the employee shall continue in a leave, AWOL or LWOP
status during the period of excused absence, or until the employee was
otherwise expected to return, or until the employee becomes available
for work in the case of an employee who is absent without leave (AWOL)
or on LWOP.

(2*)* **Non-workday.** If a day is declared a non-workday by Federal
statute or by Executive Order or by administrative order, no leave will
be charged for absence on that day. This is true even though the
non-workday may occur at the beginning, end or within a period of
approved leave. An exception to this is the case of employees who work
an uncommon tour of duty, e.g., firefighters, and receive premium pay on
an annual basis (see 5 CFR 630.210). Employees who have been scheduled
for duty on a workday which is declared to be a non-workday and who are
not excused from duty because their presence is essential will be
charged AWOL (see paragraph 14 of this chapter) for any period they fail
to work during the scheduled tour of duty.

[]{#PtIIICh2para13 .anchor}

**13. LEAVE WITHOUT PAY (LWOP)**

a\. **General**

\(1\) **Definition.** Leave Without Pay (LWOP) is a temporary nonpay
status and absence from duty.

\(2\) **Approval of LWOP is a matter of administrative discretion.**
Employees cannot demand LWOP as a matter of right, except in the case of
disabled veterans who are entitled to LWOP if necessary for medical
treatment under Executive Order 5396, and reservists and members of the
National Guard who are entitled to LWOP if necessary to perform military
training duties.

\(3\) **Involuntary Leave Without Pay.** Refer to instructions in
paragraph 4g of this chapter regarding involuntary sick and annual
leave, or LWOP status, when an employee is unable to perform duties
because of intemperate conduct or illness, mental or physical.

b\. **Criteria for Granting LWOP**

\(1\) Circumstances which justify approval of sick or annual leave will
generally be sufficient basis for approving LWOP for a like period.
Leave without pay may be granted even though the employee has a sick or
annual leave balance.

\(2\) LWOP in excess of 30 calendar days should not be granted unless
there is reasonable expectation that the employee will return to duty,
except as provided for disability retirement and OWCP cases. Examples of
purposes for which the approval of LWOP is proper include:

\(a\) **Educational Purposes.** When the course of study or research is
in line with a type of work which is being performed by the agency and
the employee might reasonably expect assignment to such work.

\(b\) **Temporary Service With Non-Federal Public or Private
Enterprise.** Where the experience to be gained by the employee will
serve VA interests.

\(c\) **Recovery From Illness or Disability Not of a Permanent Nature.**
When continued employment would threaten impairment of the employee\'s
health, or the health of other employees.

\(d\) **Protection of an Employee\'s Status During Any Period**

[1]{.underline}. Pending final action by OPM on a claim for disability
retirement, whether or not sick and annual leave has been exhausted, or

[2]{.underline}. Pending action by OWCP, U.S. Department of Labor, on a
claim resulting from employment-connected injury or disease, or pending
determination by the OWCP that the injured employee is permanently and
totally disabled, or

[3]{.underline}. Pending return to duty from working in a program in
which the Federal Government is participating or encouraging (e.g.,
Peace Corps volunteers), or

[4]{.underline}. Pending return to duty from serving on a temporary
basis as an officer or representative of an employee organization.

c\. **Approval of LWOP**

\(1\) Administration Heads, Assistant Secretaries, Other Key Officials,
and Deputy Assistant Secretaries or their designees for field facility
employees may approve LWOP for any period of time.

\(2\) Field facility heads, or their designees, may approve LWOP for any
period of 1 year or less for occupants of noncentralized positions. They
may approve LWOP for 30 days or less for employees at their facilities
who occupy centralized positions.

\(3\) The appropriate Central Office official must approve requests for
LWOP or extensions of LWOP which exceed the above authority. However,
exceptions which may be approved locally include OWCP and disability
retirement claimants.

d\. **Notice to Employee.** Employees granted LWOP for more than 30
calendar days must be notified that:

\(1\) They can usually expect to return to their former position.
However, it may become necessary in the interest of the service to
reassign them to other positions during their absence or upon their
return;

\(2\) In the event of reduction in force during their absence, which
affects their position, they will be given the same consideration as
employees in a duty status;

\(3\) If they are reached for reduction in force reassignment to a
position in another organizational element, their LWOP will be subject
to termination if their active services are required by the
organizational element; and

\(4\) They should communicate with their supervisor at least 2 calendar
weeks before the expiration of their LWOP to arrange for their return to
duty.

e\. **Human Resources Management Office Records.** LWOP in excess of 30
consecutive calendar days will be documented on a Personnel Action
Request, forwarded to the Human Resources Management office for
appropriate action and filed in the employee\'s personnel folder.

[]{#PtIIICh2para14 .anchor}**14. ABSENCE WITHOUT LEAVE (AWOL)**

a\. Absence without leave (AWOL) is an unauthorized absence from duty.
The employee receives no pay for such absence. The leave-approving
official should document the reason or reasons for charging an absence
to AWOL at the time the decision is made. This may be done by a written
statement on the reverse

of the time and attendance report, or by a memorandum filed with the
time and attendance report. The leave approving official should sign the
statement. The employee should be informed that the charge to AWOL has
been included in the time and attendance report. The employee shall be
charged only for the actual period of unauthorized absence.

b\. If AWOL is later excused because the circumstances surrounding the
absence are such that the absence would have been approved, the charge
should be changed to authorized absence without charge to leave if
appropriate, or to sick or annual leave, or LWOP as appropriate.

**15.** []{#PtIIICh2para15 .anchor}**ABSENCE OF DISABLED VETERANS.** In
accordance with Executive Order 5396, dated July 17, 1930, a disabled
veteran must be granted sick or annual, or LWOP if necessary, for
medical treatment when presenting an official statement from a
duly-constituted medical authority that medical treatment is required.
The veteran must give prior notice of the period during which absence
for treatment will occur.

[]{#PtIIICh2para16 .anchor}**16. HOME LEAVE**

a\. Home leave means leave authorized by 5 U.S.C. 6305, and earned by
service abroad for use in the United States, in the Commonwealth of
Puerto Rico, or in the possessions of the United States. Employees in
Alaska and Hawaii are excluded from home leave coverage.

b\. Service abroad means service on and after September 6, 1960, by an
employee at a post of duty outside the United States and outside the
employee\'s place of residence if his or her place of residence is in
the Commonwealth of Puerto Rico or a possession of the United States.

c\. Home leave shall be earned according to 5 U.S.C. 6305 and 5 CFR,
part 630, subpart F. It is the administrative policy of VA to grant the
leave under the circumstances cited therein. Home leave may be used in
combination with other types of leave. (See definitions below of \"home
leave\" and \"service abroad.\")

[]{#PtIIICh2para17 .anchor}**17. FAMILY AND MEDICAL LEAVE**

a\. Under Title II of the ***Family and Medical Leave Act (FMLA)***
full-time and part-time employees who have been employed for at least
the previous 12 months are entitled to receive up to 12 administrative
workweeks of unpaid leave (LWOP) during any 12-month period for specific
family and medical needs.

**NOTE:** *By tracking the number of hours on LWOP against the average
number of hours in an employee's regularly scheduled administrative
workweek, the facility can insure employee rights under this provision.*

b\. The 12 weeks of FMLA leave is in addition to any annual leave, sick
leave, or other LWOP or compensatory time off available to the employee.
An employee may choose to take FMLA leave in combination with any other
available leave.

c\. In implementing the statutory requirements for administering family
and medical leave entitlements, VA will follow regulations published in
5 CFR 630.1201-1211 by the Office of Personnel Management.

[]{#PtIIICh2para18 .anchor}**18. BONE MARROW AND ORGAN DONOR LEAVE**

a\. In connection with serving as a bone marrow or organ donor, an
employee, in any calendar year, is entitled to authorized absence (to be
coded in the ETA as donor leave -- DL) without loss of or reduction in
pay (5 U.S.C. 6327) as follows:

\(1\) Not to exceed 7 days of paid leave to serve as a bone marrow
donor; and

\(2\) Not to exceed 30 days of paid leave to serve as an organ donor

b\. Other types of approved leave may also be used in addition to organ
donor leave.

[]{#PtIIICh2para19 .anchor}**19. VOLUNTARY LEAVE TRANSFER PROGRAM**

a\. **General.** Under this program, the unused accrued annual leave of
a VA employee, or an employee of another Federal agency, may be
transferred for use by a VA or other Federal employee who needs the
leave because of a medical emergency.

b\. **Definitions**

\(1\) **Agency.** An *Executive agency*, as defined in 5 U.S.C. 105.

\(2\) **Employee.** Has the meaning given that term in 5 U.S.C. 6301(2);
and physicians, dentists, nurses, podiatrists, \[chiropractors,\]
optometrists, nurse anesthetists, physician assistants, and
expanded-function dental auxiliaries in the VHA as covered by chapter 3,
this part.

\(3\) **Family Member.** 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.

\(4\) **Leave Donor.** An employee whose voluntary written request for
transfer of annual leave to the annual leave account of a leave
recipient is approved by the donor's employing facility.

\(5\) **Leave Recipient.** A current employee for whom the designated VA
official, or in the case of a non-VA employee, his or her employing
agency; has approved an application to receive annual leave from the
annual leave accounts of one or more leave donors.

\(6\) **Medical Emergency.** A medical condition of an employee or a
family member of such employee that is likely to require an employee's
absence from duty for a prolonged period of time and result in a
substantial loss of income to the employee because of the unavailability
of paid leave.

\(7\) **Approving Official.** The official designated in subparagraph c
below.

\(8\) **Uncommon Tour of Duty.** Any tour of duty in excess of 40 hours
per week, for example, the tour of duty of firefighters.

c\. **Responsibilities**

\(1\) **The Deputy Assistant Secretary for Human Resources Management**
\[**and Labor Relations**\] is responsible for developing departmental
policies and procedures related to the administration of the voluntary
leave transfer program and for evaluating the effectiveness of this
program.

\(2\) **The Deputy Assistant Secretary for Finance** is responsible for
payroll policies and record keeping related to the voluntary leave
transfer program.

\(3\) **Administration Heads, Assistant Secretaries, Other Key Officials
and Deputy Assistant Secretaries** or their designees are responsible
for approving or disapproving applications to become a leave recipient
from employees under their jurisdiction in accordance with this policy.

\(4\) **Human Resources Management Officers (HRMOs)** are responsible
for the following actions:

\(a\) Developing local policy and procedures in coordination with Fiscal
Officers, to ensure that employees are promptly and properly informed of
their rights and responsibilities under this program;

\(b\) Notifying employees about this program (see sample in appendix
III-B);

\(c\) Reviewing applications from potential leave recipients to ensure
that the application meets the criteria of this program and that all
required information has been provided before forwarding such
applications to the approving official for final decision;

\(d\) Preparing appropriate letters for the approving official to issue
to applicants informing them of their approval as a participant, or
their ineligibility for the program (see sample in appendix III-D and
III-E);

\(e\) Monitoring, in conjunction with the employee's supervisor, the
status of a leave recipient to ensure that a medical emergency continues
to exist;

\(f\) Notifying the Payroll Office of the approval of an employee to be
a leave recipient and termination of that leave recipient's medical
emergency;

\(g\) Reviewing the written requests of potential leave donors to ensure
compliance with subparagraph f below;

\(h\) Establishing and maintaining records on the administration of this
program, in conjunction with the Payroll Office, as required under
subparagraph 19o of this chapter.

\(5\) **Payroll Offices** are responsible for:

\(a\) Developing local policy and procedures in coordination with HRMOs
to ensure that employees are promptly and properly informed of their
rights and responsibilities under this program;

\(b\) Reviewing the written requests of employees who wish to donate
annual leave to a specified leave recipient to ensure that the potential
leave donor's request is in compliance with subparagraph g below;

\(c\) Administering and monitoring the actual transfer of annual leave
from leave donors to the specified leave recipients;

\(d\) Monitoring and controlling the accrual of leave by leave
recipients while in a leave transfer status to ensure compliance with
limitations in subparagraph k below;

\(e\) Effecting the transfer of leave between the VA facility and other
VA facilities or Federal agencies, when appropriate;

\(f\) Notifying the leave recipient and leave donor(s) of the transfer
of annual leave to the account of the leave recipient;

\(g\) Ensuring prompt cessation of the transfer of annual leave to a
leave recipient upon termination of the recipient's medical emergency;

\(h\) Determining the amount and distribution of any annual leave to be
restored to leave donors and effecting the restoration of such annual
leave; and

\(i\) Establishing and maintaining necessary leave and other records for
the administration of this program (see subparagraph o below).

\(6\) **Supervisors** are responsible for:

\(a\) Ensuring that employees under their supervision are aware of
information published in connection with this program;

\(b\) Monitoring, in conjunction with the HRMO, the status of a leave
recipient under their supervision to ensure that a medical emergency
continues to exist; and,

\(c\) Promptly notifying the HRMO of the termination of a leave
recipient's medical emergency.

d\. **Application to Become a Leave Recipient**

\(1\) Employees affected by a medical emergency may make written
application to the designated approving official through the HRMO to
become leave recipients. If any such employees are not capable of making
application on their own behalf, a personal representative of the
potential leave recipient may make written application on their behalf.

\(2\) Each application shall contain the following information
concerning the potential leave recipient;

\(a\) The name, position, title, and grade or pay level of the potential
leave recipient;

\(b\) The reasons why transferred leave is needed, including a brief
description of the nature, severity, and anticipated duration of the
medical emergency, and if it is a recurring one, the approximate
frequency of the medical emergency (see sample in appendix III-C);

\(c\) Certification from one physician, or other appropriate expert,
with respect to the medical emergency; and,

\(d\) Any additional information that may be requested by the HRMO to
support the application, including additional certifications from other
physicians or appropriate experts with regard to the medical emergency.

\(3\) The HRMO will make requests for additional medical certifications
with the advice of the Employee Health Physician and concurrence of the
approving official. If a potential leave recipient is required to obtain
certification from two or more sources, the employing facility shall
ensure, either by direct payment to the expert involved or by
reimbursement to the employee, that the potential leave recipient will
not have to pay those expenses resulting from obtaining certification
from more than one source. Actual payment/reimbursement will be charged
to the appropriation from which the employee is paid.

\(4\) Concurrent with the submission of the application, the employee
may also submit the applications of potential leave donors (leave donor
applications will be completed in accordance with subparagraph f below).
If the application to become a leave recipient is approved, this may
expedite the actual transfer of leave.

e\. **Approval of Application to Become a Leave Recipient**

\(1\) HRMOs shall expeditiously review all applications to determine
that the potential leave recipient meets the criteria of a *"medical
emergency,"* as defined in paragraph 19b(6) of this chapter.

\(2\) Before forwarding the application to the approving official, the
HRMO shall determine that the absence from duty without available paid
leave (disregarding any advanced leave) because of the medical emergency
has been (or is expected to be) at least 24 work hours (3 calendar days
for certain title 38 employees and 14.5 hours for nurses on the Baylor
Plan, or, in the case of a part-time employee or an employee with an
uncommon tour of duty, the average number of hours in the employee's
biweekly scheduled tour of duty). A leave recipient may use annual leave
transferred to the recipient's annual leave account under this program
only for the purpose of the medical emergency for which the leave
recipient was approved.

\(3\) In making a determination as to whether a *"medical emergency"* is
likely to result in a substantial loss of income, no factors will be
considered other than whether the absence from duty without available
paid leave has been, or is expected to be at least 24 work hours (3
calendar days for certain title 38 employees and 14.5 hours for nurses
on the Baylor Plan, 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 biweekly scheduled tour of duty).

\(4\) If the application is approved, the leave recipient (or the
personal representative who made application on behalf of the leave
recipient) will be advised, in writing, within 10 days (excluding
Saturday, Sundays, and legal public holidays) after the date the
application was received that:

\(a\) The application has been approved (see appendix III-D);

\(b\) Other employees of the leave recipient's facility or other VA
facilities may request the transfer of annual leave to the annual leave
account of the leave recipient and requests to donate annual leave from
employees of other Federal agencies will be considered; and

\(c\) The leave recipient (or the personal representative who made
application on behalf of the leave recipient) is responsible for
notifying those employees who may wish to be leave donors of the
approval of the application.

\(5\) If the application is not approved, the applicant (or the personal
representative who made application on behalf of the leave recipient),
will be advised, in writing, within 10 days (excluding Saturdays, and
Sundays, and legal public holidays) after the date the application was
received that the application has not been approved and of the reasons
for its disapproval (see sample in appendix III-E).

\(6\) For bargaining unit employees, prior to forwarding a denial letter
to the approving official, the Human Resources Management Officer will
discuss the case with the union and provide them with a 48-hour comment
period. Approval letters for bargaining unit employees will be
simultaneously sent to the union and the employee.

f\. **Transfer of Annual Leave**

\(1\) An employee may submit a voluntary written request to transfer a
specified number of hours (or days, as appropriate for certain title 38
employees) from his or her annual leave account to the annual leave
account of a specified VA leave recipient. This request will be
submitted on VA Form 0239, Leave Transfer Authorization, through the
HRMO to the Payroll Office. If all or part of the leave may not be
transferred in accordance with provisions in subparagraphs (2) through
(5) below or in paragraph 19g of this chapter, the employee will be so
advised by either the HRMO or the Payroll Office. Otherwise, the Payroll
Office, in writing will advise the employee that his/her annual leave
account has been reduced and leave credited to the designated recipient.
The Payroll Office will provide a copy of the written notice to the
designated leave recipient.

\(2\) The minimum amount of annual leave that may be transferred from a
title 5 employee, or title 38 employee who is charged leave in hours, is
4 hours. The minimum amount of annual leave that may be transferred from
a title 38 employee who is charged leave in whole day increments is one
day. Title 5 employees may transfer to title 38 employees and
vice-versa, provided the transfer is in accordance with subparagraph 5
below. The Payroll Office is responsible for making the necessary
conversions for transfers of annual leave between leave systems in
accordance with the VHA Supplement to MP-4, part II.

\(3\) Transfers of annual leave from a VA employee of one facility to a
leave recipient of another VA facility are subject to all the provisions
of this policy and will be coordinated between the fiscal offices of the
facilities involved. The leave donor's Payroll Office shall reduce the
amount of annual leave credited to the leave donor's leave account, as
appropriate, and the Payroll Office will notify the leave recipient's
Payroll Office in writing of the amount of annual leave to be credited
to the leave recipient's annual leave account.

\(4\) Except as provided in subparagraph h below, annual leave may be
transferred only from a leave donor employed by VA. Annual leave of VA
employees may be transferred to approved leave recipients employed at
other Federal agencies in accordance with subparagraph i.

\(5\) Annual leave may not be transferred to an employee's immediate
supervisor. The HRMO is responsible for verifying this information on
Part II of VA Form 0239.

\(6\) Transferred annual leave may be substituted retroactively for
periods of LWOP or used to liquidate an indebtedness for advanced annual
or sick leave granted on or after a date established by the leave
recipient's HRMO at the beginning of the period of medical emergency for
which LWOP or advanced annual or sick leave was granted.

g\. **Limitations on Donations of Annual Leave**

\(1\) In any one (1) leave year, no leave donor may donate an amount of
annual leave that is more than a total of one-half of the amount of
annual leave the donor would be entitled to accrue during the leave year
in which the donation is made.

\(2\) A leave donor who is projected to have annual leave that otherwise
would be subjected to forfeiture at the end of the leave year under 5
U.S.C. 6304(a) may donate no more than the lesser of:

\(a\) One-half of the amount of annual leave he or she would be entitled
to accrue during the leave year in which the donation is made; or

\(b\) The number of hours or calendar days remaining in the leave year
(as of the date of the transfer) for which the leave donor is scheduled
to work and receive pay.

\(3\) The Payroll Office is responsible for verifying that the above
criteria are met on Part III of VA Form 0239.

\(4\) The approving official may waive the limitations on donations of
annual leave under paragraphs (1) and (2) above. The HRMO and Payroll
Office may certify in writing that the available donations are
insufficient to remedy the income loss of the employee experiencing a
medical emergency, before consideration of a waiver may be made. Such
waivers must be in writing. If a waiver is granted, the Payroll Office
will so note in Part III of VA Form 0239 for each donor affected and
attach a copy of the written authorization.

h\. **Transfer of Annual Leave from Employees of Other Federal
Agencies**

\(1\) The VA facility employing the leave recipient shall accept the
transfer of annual leave from leave donors employed by one or more
Federal agencies if:

\(a\) The leave donor is a family member of the leave recipient, as
defined in paragraph 19b(3)(a)-(e) of this chapter; or

\(b\) The HRMO with the advice of the Payroll Office determines that the
amount of annual leave donated to the leave recipient within the
department may not be sufficient to meet the needs of the leave
recipient; or

\(c\) The HRMO determines that the acceptance of leave transferred from
another Federal agency would further the purpose of the voluntary leave
transfer program.

\(2\) Before accepting the transfer of annual leave from a leave donor
employed by another Federal agency, the VA HRMO shall verify that the
potential leave donor's employing agency has approved the leave donor's
request to transfer annual leave to the specified leave recipient. If
approved, the Payroll Office of the VA facility will coordinate the
transfer of annual leave with the Payroll Office of the other Federal
agency.

i\. **Transfer of Annual Leave to Employees of Other Federal Agencies**

\(1\) VA employees who wish to donate annual leave to a leave recipient
in another Federal agency shall forward their request to their own HRM
office on VA Form 0239. In addition to the name of the leave recipient,
the donating employee shall indicate the name and address of the Federal
agency employing the leave recipient.

\(2\) The HRM office shall ascertain that the leave recipient's
employing agency has made any determination that may be required under 5
CFR 630.906(f). (see subparagraph h above).

\(3\) If the recipient's employing agency will accept the leave
donation, the Payroll Office shall verify the availability of annual
leave in the leave donor's annual leave account and determine that the
amount of annual leave to be donated does not exceed the limitations
under subparagraph g above.

\(4\) Upon satisfying these requirements, the VA donor's Payroll Office
shall reduce the amount of annual leave credited to the leave donor's
leave account, as appropriate, and the Payroll Office will notify the
leave recipient's employing agency in writing of the amount of annual
leave to be credited to the leave recipient's annual leave account.

j\. **Use of Transferred Annual Leave**

\(1\) A leave recipient may use annual leave transferred to the
recipient's annual leave account under this program only for the purpose
of a medical emergency for which the leave recipient was approved. Any
annual leave or sick leave accrued or accumulated and available for use
during the medical emergency, except as provided in paragraph 19k below,
must be exhausted before any transferred annual leave may be used.

\(2\) The approval and the use of transferred annual leave shall be
subject to all of the conditions and requirements imposed by chapter 63
of title 5, United States Code and the provisions of this chapter,
except that transferred annual leave may accumulate without regard to
the limitation imposed by 5 U.S.C. 6304(a), or other provisions of this
part.

\(3\) Annual leave transferred to a specified leave recipient may not
be:

\(a\) Transferred to another leave recipient, except as provided in
paragraph 19m(5)(c) below.

\(b\) Included in a lump-sum payment under 5 U.S.C.5551 or 5552; or

\(c\) Made available for re-credit under 5 U.S.C. 6306 or the provisions
of this part, as appropriate, upon reemployment by a Federal agency.

k\. **Accrual of Leave While in a Transferred Leave Status**

\(1\) Except as otherwise provided in this paragraph, while an employee
is in a transferred leave status, annual and sick leave shall accrue to
the credit of the employee at the same rate as if the employee were in a
paid leave status under subchapter I of chapter 63 of title 5 U.S.C. or
chapter 3, this part for title 38 employees, as appropriate, except
that:

\(a\) The maximum amount of annual leave that may be accrued by an
employee while in a transferred leave status in connection with any
particular medical emergency may not exceed 40 hours (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); and

\(b\) The maximum amount of sick leave that may be accrued by an
employee while in a transferred leave status in connection with any
particular medical emergency may not exceed 40 hours (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).

\(2\) Any annual or sick leave accrued by an employee under this
paragraph:

\(a\) Shall be credited to an annual leave or sick leave account, as
appropriate, separate from any leave account of the employee under
subchapter I of chapter 63 or title 5, U.S.C. or chapter 3, this part,
as appropriate; and

\(b\) Shall not become available for use by the employee, and may not
otherwise be taken into account under subchapter I of chapter 63 of
title 5, U.S.C. or part II, chapter 1 of this handbook, as appropriate,
until, under subparagraph (3) below, it is transferred to the
appropriate leave account of the employee under subchapter I of chapter
63 of title 5, U.S.C. or part II, chapter 1 of this handbook, as
appropriate.

\(3\) Any annual or sick leave accrued by an employee under this chapter
shall be transferred to the appropriate leave account of the employee
under 5 U.S.C. Chapter 63, subchapter I, or chapter 3, this part, as
appropriate when the employee exhausts all donated leave, or effective
as of the beginning of the first pay period beginning after the date on
which the employee's medical emergency terminates as described in
paragraph 19 l below.

\(4\) If the employee's medical emergency terminates as described in
paragraph 19 l(1)(a), no leave shall be credited to the employee under
subparagraph (3) above.

l\. **Termination of Medical Emergency**

\(1\) The medical emergency affecting a leave recipient terminates:

\(a\) When the leave recipient's Federal service is terminated;

\(b\) At the end of the biweekly pay period in which the leave recipient
or a personal representative provides the HRM office with a written
notice that the leave recipient is no longer affected by a medical
emergency;

\(c\) At the end of the biweekly pay period determined by the HRMO,
after written notice and opportunity for the leave recipient (or
personal representative) to answer orally or in writing, that the leave
recipient is no longer affected by a medical emergency; or

\(d\) At the end of the biweekly pay period in which the leave
recipient's HRMO receives notice that OPM has approved the leave
recipient's application for disability retirement under the Civil
Service Retirement System or the Federal Employees Retirement System.

\(2\) The HRMO, in coordination with the employee's supervisor, shall
continuously monitor the status of the leave recipient's medical
emergency to ensure that he or she is still affected by it.

\(3\) Upon termination of the leave recipient's medical emergency, the
HRMO shall notify the Payroll Office immediately. No further requests
for transfer of annual leave to the leave recipient may be granted, and
any unused-transferred annual leave remaining to the credit of the leave
recipient shall be restored to the leave donors, in accordance with
subparagraph m below**.**

m\. **Restoration of Transferred Annual Leave**

\(1\) Any transferred annual leave remaining to the credit of a leave
recipient when the individual's medical emergency terminates shall be
restored, as provided below and to the extent administratively feasible,
by transfer to the annual leave accounts of the leave donors, who, on
the date leave restoration is made, are employed by a Federal agency and
subject to chapter 63 of title 5, U.S.C. or part II, chapter 1 of this
handbook, as appropriate.

\(2\) The amount of unused transferred annual leave to be restored to
each leave donor shall be determined by Payroll Office as follows:

\(a\) Divide the number of hours or, when applicable, for certain title
38 employees, the calendar days of unused transferred annual leave by
the total number of hours of annual leave transferred to the leave
recipient;

\(b\) Multiply the ratio obtained in (2)(a) above, by the number of
hours of annual leave transferred by each leave donor eligible for
restoration under subparagraph (1) above; and

\(c\) Apply the formula for proration (see VHA Supplement to MP-4, part
II, paragraph 1D.05) for any cases in which donor and recipient were
under different leave systems; and

\(d\) Round the result obtained in (2)(b) above to the nearest 15-minute
increment of time established by the leave donor's leave system to
account for annual leave.

\(3\) If the total number of eligible leave donors exceeds the total
number of hours or, for certain title 38 employees, days of annual leave
to be restored, no unused transferred annual leave shall be restored. In
no case shall the amount of annual leave restored to a leave donor
exceed the amount transferred to the leave recipient by the leave donor.

\(4\) If the leave donor retires from Federal service, dies, or is
otherwise separated from Federal service before the date unused
transferred annual leave can be restored, the employing facility of the
leave recipient shall not restore the unused transferred annual leave.

\(5\) At the election of the leave donor, unused transferred annual
leave restored to the leave donor under subparagraph (1) above may be
restored by:

\(a\) Crediting the restored annual leave to the leave donor's annual
leave account in the current leave year;

\(b\) Crediting the restored annual leave to the leave donor's annual
leave account effective as of the first day of the first year beginning
after the date of election; or

\(c\) Donating such leave in whole or part to another leave recipient.

\(6\) If a leave donor elects to donate only part of his or her restored
leave to another leave recipient under paragraph 5(c) above, the donor
may elect to have the remaining leave credited to the leave donor's
annual leave account under subparagraphs 5(a) or (b), above.

\(7\) Transferred annual leave restored to the account of a leave donor
under paragraph 5(a) or (b) above shall be subject to the limitation
imposed by 5 U.S.C. 6304(a) for title 5 employees or by chapter 3 of
this part, for title 38 employees under the title 38 leave system at the
end of the leave year in which the restored leave is credited to the
leave donor's annual leave account.

n\. **Prohibition of Coercion**

\(1\) An employee, to include a supervisor, may not directly or
indirectly intimidate, threaten, or coerce, or attempt to intimidate,
threaten, or coerce, any other employee for the purpose of interfering
with any right such employee may have with respect to donating,
receiving, or using annual leave.

\(2\) For the purpose of subparagraph (1) of this paragraph, the term
"intimidate, threaten, or coerce" includes promising to confer or
conferring any benefit (such as an appointment or promotion or
compensation) or effecting or threatening to effect any reprisal (such
as deprivation of appointment, promotion or compensation).

\(3\) Management and supervisory officials should not take any actions
to solicit or to encourage or discourage employees under their
supervision to donate leave under this program. This does not preclude
these officials from making a personal decision to donate their leave in
accordance with this chapter.

o\. **Records and Reports**

\(1\) OPM requires agencies to maintain records and may require periodic
reports concerning the administration of the voluntary leave transfer
program for the purpose of evaluating the desirability, feasibility, and
the cost of a voluntary leave transfer program.

\(2\) In order to comply with any requests from OPM, the HRMO and
Payroll Office, as appropriate, will establish and maintain records
relating to the local administration of the voluntary leave transfer
program. The information maintained shall include:

\(a\) The number of applications approved for medical emergencies
affecting the employee and the number of applications approved for
medical emergencies affecting an employee's family member;

\(b\) The grade and pay level of each leave recipient and leave donor;

\(c\) The total amount of annual leave transferred to each leave
recipient's annual leave account;

\(d\) The total amount of transferred annual leave used by each leave
recipient;

\(e\) The estimated direct and indirect costs of processing leave
transfer requests, transferring leave between the accounts of leave
donors and leave recipients, monitoring the use of transferred leave,
restoring unused leave to the accounts of leave donors, and other
activities related to administering the voluntary leave transfer
program; and

\(f\) Any additional information OPM or VA Central Office may require.

\(3\) When requested, each facility will provide specific information to
Central Office regarding the program.

[]{#PtIIICh3 .anchor}**CHAPTER 3. TITLE 38 LEAVE PROGRAM**

**1.** []{#PtIIICh3para1 .anchor}**COVERAGE**

a\. This chapter establishes the policies and procedures for leave
administration for full-time and part-time physicians, dentists,
podiatrists, \[chiropractors,\] optometrists, nurses, nurse
anesthetists, physician assistants (PAs), and expanded-function dental
auxiliaries (EFDAs), appointed under authority of 38 U.S.C., chapters 73
and 74.

b\. This chapter also establishes the policies and procedures for leave
administration for medical and dental residents appointed under
authority of 38 U.S.C. 7406. (This chapter does not cover medical and
dental residents paid through disbursement agreements.) The Under
Secretary for Health, or designees, will establish the annual leave
system for residents, not to exceed that amount provided full-time
employees.

c\. As used in this chapter, and unless otherwise indicated, any
reference to "nurse(s)" includes nurse anesthetist(s) but does not
include the Chief Consultant, Nursing Strategic Healthcare Group; and
"employee(s)" includes those personnel indicated in subparagraph a (both
full-time and part-time, unless otherwise specified). The leave
provisions contained in this chapter for full-time physicians and
dentists shall apply to the Chief Consultant, Nursing Strategic
Healthcare Group;

d\. Persons other than those indicated in subparagraphs a through c
above employed under authority of 38 U.S.C., chapter 73 and 74, are
subject to the provisions of 5 U.S.C., chapter 63. Graduate nurse
technicians and allied health trainees who are appointed under authority
of 38 U.S.C. 7405(a)(1)(D) are included in this category.

e\. Persons employed on an intermittent basis, per annum fee basis, or
lump-sum fee basis, under authority of 38 U.S.C. 7405 are paid for
actual service rendered and are not entitled to leave benefits.

**2.** []{#PtIIICh3para2 .anchor}**POLICY**

a\. The proper care and treatment of patients shall be the primary
consideration in granting of leave.

b\. The VA leave program for employees shall be administered fairly and
uniformly within the meaning of the provisions of this chapter.

**3.** []{#PtIIICh3para3 .anchor}**GENERAL**

a\. **Advanced Leave.** Neither annual nor sick leave shall be advanced
to an employee when it is known that the employee will retire or be
separated before the amount advanced can be earned, or when it is
reasonable to expect that the employee will not return to duty.

b\. **Leave Charges**

> \(1\) The minimum charge for leave shall be 1 day and multiples
> thereof for full-time physicians, dentists, podiatrists,
> chiropractors, and optometrists and a quarter hour (15 minutes) or
> multiples thereof for nurses, nurse anesthetists, PAs, EFDAs and
> part-time physicians, dentists, podiatrists, chiropractors, and
> optometrists. \[The minimum charge for leave for 7306 appointees shall
> be a quarter hour (15 minutes) and multiples thereof.\]
>
> \(2\) Holidays and in-lieu days granted thereof will not be charged to
> leave.

[]{#PtIIICh3para4 .anchor}**4. ANNUAL LEAVE**

a\. **Annual Leave.** The granting of annual leave shall be a matter of
administrative discretion as to when and in what amount it may be
authorized. Requests for annual leave shall be acted upon in the light
of essential medical services and with due regard to the welfare and
preferences of individual employees. Employees should be encouraged to
take annual leave for at least 2 consecutive weeks each year for
purposes of rest and relaxation.

b\. **Charging Annual Leave**

\(1\) **Full-Time Nurses, Nurse Anesthetists, PAs, EFDAs**\[, **7306
Appointees in Title 5 or Hybrid Title 38 Occupations**\] **and Part-Time
Employees.** The minimum charge of annual leave for these employees is
one quarter hour (15 minutes) and multiples thereof (see subparagraph
(2) for the formula for computing leave for full time nurses and nurse
anesthetists on the Baylor Plan). When leave is charged because of
absence from duty or tardiness, the employee will not be required to
work during the period covered by the leave.

\(2\) **Full-Time Nurses and Nurse Anesthetists on the Baylor Plan.**
Such nurses and nurse anesthetists shall be charged 1.667 hours of
annual leave for each hour of annual leave taken. Leave shall be charged
only for absences from the basic workweek. (For the definition of basic
workweek for these employees, see paragraph 2d of chapter 3, part II).

\(3\) **Full-Time Nurses and Nurse Anesthetists on 36/40 Work
Schedule**. Such nurses and nurse anesthetists shall be charged leave at
a rate of ten hours of leave for every nine hours of absence (charged
1.111 for each hour). Leave shall be charged only for absences from the
basis workweek.

\(4\) **Full-Time Physicians, Dentists, Podiatrists, Chiropractors, and
Optometrists** \[**Appointed Under 38 U.S.C. 7401, 7405 or 7306**\]

\(a\) **Minimum Charge.** The charge of annual leave for these employees
is 1 calendar day. Charges for leave in excess of 1 day will be in
multiples of 1 calendar day. When a scheduled day's work extends over
portions of 2 calendar days, leave will be charged for the day on which
the greater part of the day's work falls, or for the first day when the
day's work is equally divided between 2 calendar days.

\(b\) **Administrative Nonduty Days.** Although subject to duty 24/7,
employees in this category may be granted scheduled days off during the
administrative workweek. Employees are not charged annual leave on those
administrative nonduty days.

c.\] **Supervisory Responsibility.** It will be the responsibility of
supervisory personnel at all levels to ensure that each employee fully
understands the manner of charging for authorized annual leave. \[ \]

\[d.\] **Procedure for Requesting Annual Leave**

\(1\) Annual leave will be requested in advance by all employees except
when unusual or unforeseen circumstances prevent the employee from
making the request in advance. Under such circumstances, the employee
will notify, as soon as possible, the person authorized to approve
leave.

\(2\) Except as provided in subparagraph (3) below, requests for annual
leave not in excess of 3 days may be made verbally. If the request is
approved in advance of the dates of requested leave, the employee should
enter the request into the Enhanced \[T\]ime and Attendance (ETA)
system. However, if the request cannot be entered into the ETA by the
employee prior to the commencement of the leave period, the supervisor
will report the amount of leave to be taken to the unit timeclerk who
will make proper posting daily in the ETA system. Requests for leave of
more than 3 days will be made into the ETA system unless not
practicable.

\(3\) Full-time nurses and nurse anesthetists on the Baylor Plan may
verbally request 2 workdays of annual leave and, if approved, enter the
request into the ETA system when practicable. Requests for leave of more
than 2 workdays shall be made in the ETA system.

**NOTE:** *Any requests, submitted by nurses, nurse anesthetists, PAs,
and EFDAs for annual leave in proximity to overtime by the same employee
will be reviewed to assure that the granting of annual leave is in the
interest of good administrative practice.*

\[e**.**\] **Advanced Annual Leave** (see paragraph 6f(3), this chapter)

\(1\) Annual leave may be advanced at any time during the calendar year.

\(2\) All credits of annual leave which become due while there is an
indebtedness of annual leave will be applied to the reduction of the
indebtedness.

\[f.\] **Leave in Connection With Travel**

\(1\) Employees traveling at Government expense are in a duty status for
the period required to perform the travel authorized unless the total
elapsed travel time is excessive. If travel is interrupted or delayed
for the convenience of the employee, leave will be charged for the
period of interruption or delay. Where an employee has been authorized
to travel by privately owned conveyance for the individual's
convenience, leave will be charged for travel time during the employee's
regularly scheduled basic workweek in excess of that which would have
been required had travel been performed by the carrier used to determine
per diem allowance, as provided in MP-1, part II, chapter 2. When use of
privately owned conveyance is authorized or approved as being
advantageous to the Government, and the employee uses excessive travel
time to enable the individual to be absent from assigned duties for such
purposes as the taking of leave or the performance of circuitous travel,
leave shall be charged for the excessive time. The period to be charged
to leave will be based on the facts in each case. Where absence

for a part of a day is involved, paragraph 11b is appropriate as a guide
in determining the charge to leave for excessive absence by an employee
who travels by privately owned conveyance for the individual's
convenience.

\(2\) Travel time used to transfer from one facility to another, when
the transfer is arranged for reasons other than for the convenience of
the Government, will be charged to annual leave or to leave without pay
when annual leave is not available.

g\. **Involuntary Leave.** Employees may be placed on involuntary annual
leave when the needs of the service dictate. When an employee reasonably
may not be regarded as ready, willing and able to work, the employee may
be placed on involuntary annual leave or in a leave without pay status,
as the employee's leave account and the circumstances may require.

h\. **Voluntary Leave Transfer Program.** See paragraph 19 of chapter 2,
this part.

[]{#PtIIICh3para5 .anchor}**5. SICK LEAVE**

a\. **Sick Leave.** Sick leave shall be granted to employees when they
are incapacitated for the performance of their duties because of
personal illness, disease, injury, pregnancy and confinement, for
necessary medical, dental or optical examination or treatment, or when a
member of the immediate family of the employee is afflicted with a
contagious disease and requires the care and attendance of the employee;
or when through exposure to contagious disease the presence of the
employee at the post of duty would jeopardize the health of others.

b\. **Charging Sick Leave**

\(1\) The minimum sick leave charge for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists \[appointed under 38 U.S.C.
7401, 7405 or 7306\] is 1 calendar day and multiples thereof. When a
scheduled day\'s work extends over portions of 2 calendar days, sick
leave will be charged for the day on which the greater part of the
day\'s work falls, or for the first day when the day\'s work is equally
divided between 2 calendar days. No charge to sick leave will be made
for absence of these employees on administrative nonduty days.

\(2\) Except as provided in subparagraph (3), the minimum sick leave
charge for full-time nurses, nurse anesthetists, PAs, \[ \] EFDAs\[,
7306 appointees in Title 5 and Hybrid Title 38 occupations\] and
part-time employees is one quarter hour (15 minutes) and multiples
thereof. Sick leave for these employees will be charged as approved and
used.

\(3\) Full-time nurses and nurse anesthetists on the Baylor Plan shall
be charged 1.667 hours of sick leave for each hour of sick leave taken.
Full-time nurses and nurse anesthetists on a 36/40 Work Schedule shall
be charged 1.111 hours of sick leave for each hour of sick leave taken.
Leave shall be charged only for absences from the basic workweek.

\(4\) Medical and dental residents covered by disbursement agreements
shall be granted sick leave in accordance with those agreements.

c\. **Procedure for Requesting and Approving Sick Leave for All
Employees**

\(1\) **Responsibility for Approving Sick Leave.** It is incumbent on
every individual responsible for approving applications for sick leave
to ascertain that the circumstances of absence justify approval, and
that sick leave is available. If for any reason an employee\'s statement
or the medical certificate furnished is not considered satisfactory, the
person authorized to approve leave will take necessary steps to obtain
additional evidence in support of the employee\'s request for sick
leave.

\(2\) **Notification of Illness.** An employee who is absent from duty
on account of sickness will notify the person authorized to approve
leave or other appropriate persons as early as practicable on the first
day of such absence or as soon thereafter as possible.

\(3\) **Submission of Application.** Sick leave not in excess of 3 days
(two workdays for full-time nurses and nurse anesthetists on the Baylor
Plan), may be approved without a medical certificate. However, in cases
that indicate excessive absence on account of illness or where there
appears to be an abuse of the sick leave privilege, medical certificates
may be required for any period of absence provided the employee has been
informed in advance, in writing, that such a requirement has been
established for that person. All requests for sick leave must be entered
into the ETA system and will be entered within 2 days after the
employee\'s return to duty unless the leave was requested in advance.
Requests for sick leave in excess of 3 days will be supported by a
medical certificate or other evidence administratively acceptable, e.g.,
where a doctor is not available or where the employee\'s illness does
not require a doctor, proper certification, in writing, by the employee
may be accepted instead. Medical certificates or other evidence of
illness which may be required will be submitted within 15 days after the
employee\'s\' return to duty.

\(4\) **Medical Examination for Employees Who Are VA Claimants or
Beneficiaries.** Employees who are ordered by proper authority in VA to
report for physical examination or observation as claimants or
beneficiaries of VA will be granted sick leave. \"Authorized absence\"
will not be granted for this purpose. (See par. 9j for type of leave
granted for medical examinations of employees who are not VA claimants
or beneficiaries.)

\(5\) **Medical Treatment for Disabled Veteran-Employees.** On
presentation by a veteran employee who has a service-connected
disability or any other disability of a statement from medical authority
that treatment is required, annual or sick leave will be granted, if
available; otherwise, LWOP will be granted. The granting of such leave
is mandatory provided that the veteran gives prior notice of definite
days and hours of absence for medical treatment (Executive Order 5396,
dated July 17, 1930).

\(6\) **Sickness During Annual Leave.** When sickness occurs during a
period of annual leave of any employee, the period of illness may be
charged as sick leave and the charge against annual leave reduced
accordingly. Application for such substitution of sick leave for annual
leave will be made promptly and will be supported by a medical
certificate or other evidence determined to be acceptable.

\(7\) **Sick Leave During LWOP.** When sickness occurs during an
approved period of LWOP and lasts 3 or more consecutive days (2 or more
consecutive workdays for full-time nurses and nurse anesthetists on the
Baylor Plan), the period of illness may be charged to sick leave, in
accordance with provisions set

forth below. It is incumbent on the facility to inform the employee when
approving LWOP of the provisions of these subparagraphs with particular
emphasis on subparagraph (a) below.

\(a\) Employee immediately on becoming incapacitated notifies the
individual\'s supervisor of illness; or, if unable to do so promptly
because of the serious nature of the illness, notifies the supervisor as
soon thereafter as possible. The supervisor will advise the employee of
the receipt of the notice and that a copy of the notice, with the copy
of communication from the supervisor, will be made a matter of record.

\(b\) Illness will be substantiated by a medical certificate or other
acceptable evidence of illness following recovery. At the time the
supervisor advises the employee of the receipt of the notification of
illness, the employee will also be advised that the provision of this
subparagraph will be met promptly.

\(c\) Sick leave may not be granted during LWOP, but on actual return to
duty, substitution will be made for the period of illness providing the
foregoing requirements are met. Under no circumstances will sick leave
be advanced to cover illness which has occurred during a period of LWOP.

d\. **Advanced Sick Leave** (see paragraph 6f(3) this chapter)

\(1\) A request for advanced sick leave will be supported by a medical
certificate.

\(2\) A full-time employee who is injured in the line of duty and who
has exhausted accrued and accumulated sick leave, and who is not in
receipt of workers\' compensation benefits, may, at the discretion of
the approving official, be advanced sick leave not in excess of the
maximum outlined in this chapter.

\(3\) All accruals of sick leave which become due while an employee is
indebted for sick leave will be applied to the indebtedness. Advanced
sick leave may also be liquidated, at the employee\'s request, by a
charge against an equivalent amount of annual leave provided:

\(a\) The annual leave is substituted prior to the time it would be
forfeited.

\(b\) The approving official would have been willing to grant the annual
leave had the employee requested it.

\(4\) Only the Under Secretary for Health and facility directors or
their designees are authorized to grant advanced sick leave.

e\. **Leave for Pregnancy and Confinement**

\(1\) The services of pregnant employees should be utilized to the
extent their health will permit. However, such utilization may not
extend beyond the period when an employee fails to meet the physical
requirements of the assignment. Therefore, employees will be encouraged
to report pregnancy as soon as it is an established fact. The earliest
possible knowledge of such condition will provide the opportunity to

protect the employee\'s health and permit such planning as may be
necessary for proper staffing during the employee\'s prospective
absence.

\(2\) Pregnancy and the physical condition incident thereto will
ordinarily be established from medical evidence submitted by an
employee\'s personal physician. However, in those cases when there is
any question as to an employee\'s physical ability to perform her duties
without hazard to her health, examination by the facility personnel
physician or other appropriate staff physician will be conducted. The
date during an employee\'s pregnancy on which the employee reaches the
point of being incapacitated for duty will be determined medically
according to the circumstances of the individual case.

\(3\) An employee will be granted accumulated and accrued sick leave
consistent with the medical need therefore when it has been established
that she is unable to perform her duties due to pregnancy. In addition,
advanced sick leave, annual leave, advanced annual leave, and LWOP may
be authorized consistent with the provisions of this chapter.

\(4\) An employee who expresses the intention to resign because of
pregnancy will be informed of entitlement to accumulated and accrued
sick leave, consistent with the medical need therefor.

f\. **Contagious Disease**

\(1\) Sick leave will be granted:

\(a\) When a member of the immediate family of the employee is afflicted
with a contagious disease and requires the care and attendance of the
employee.

\(b\) When, through exposure to contagious disease, the presence of the
employee at the post of duty would jeopardize the health of others.

\(2\) The use of sick leave for contagious disease is authorized in
connection with quarantine, isolation, and restriction of movement by
the patient or employee. The determination that the disease is
contagious will be made by health authorities having jurisdiction,
whether the employee or patient is at home or in some other area.

g\. **Involuntary Sick Leave.** Employees who because of illness (mental
or physical) are unable to perform their duties may be placed on
involuntary sick leave. Such sick leave will be terminated when the
employee presents himself or herself for duty and it is determined by
competent medical authority that the individual is able to perform
his/her duties.

h\. **Prolonged Illness**

\(1\) Employees who are not expected to return to duty because of
prolonged incapacitation will, where possible, be granted all available
sick leave and such annual leave that cannot be included in a lump-sum
payment.

\(2\) Employees who can reasonably be expected to return to duty after a
prolonged period of incapacitation may be advanced sick leave and annual
leave or granted LWOP.

i\. **Sick Leave for Family Care and Bereavement**

\(1\) **Definitions.** For purposes of this subparagraph, \"family
member\" means: 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.

\(2\) **Leave for Family Care.** In addition to the reasons for granting
sick leave in this paragraph, leave approving officials may grant or
advance sick leave for:

\(a\) Care of a family member as a result of physical or mental illness;
injury; pregnancy; childbirth or medical, dental or optical examination
or treatment;

\(b\) Arrangements necessitated by the death of a family member;

\(c\) Attending the funeral of a family member; or

\(d\) Adoption (appointments with adoption agencies, social workers and
attorneys; court proceedings; required travel; or any other activities
necessary for the adoption to proceed).

\(3\) **Limitations on Sick Leave for Family Care.** Leave under
paragraphs (2)(a) through (2)(c) are limited as follows:

\(a\) Full-time employees charged leave on a daily basis may take up to
\[5\] days of sick leave in a leave year; however, if they maintain a
balance of \[10\] days of sick leave, they may take an additional 8 days
of sick leave, or up to \[13\] days of sick leave in a leave year.

\(b\) Full-time employees charged leave on an hourly basis may take up
to 40 hours of sick leave in a leave year; however, employees
maintaining a balance of 80 hours of sick leave may take an additional
64 hours of sick leave, or up to 104 hours of sick leave in 1 leave
year. Leave taken by employees on the Baylor Plan is to be multiplied by
1.667 when determining these limitations.

\(c\) Part-time employees may take up to 1 workweek of sick leave and if
they maintain a balance of at least 2 workweeks of sick leave, they may
take up to the amount of sick leave they would accrue in 1 leave year.

\(4\) \[**Sick Leave to Care for a Family Member with a Serious Health
Condition.** An employee may use up to a total of 12 administrative
workweeks of sick leave each leave year to care for a family member with
a serious health condition subject to the following limitations:

\(a\) Full-time employees charged leave on a daily basis may take up to
a total of 12 administrative workweeks (60 days) of sick leave in a
leave year to care for a family member with a serious health condition
subject to the following limitations;

[]{.mark}

\(1\) If an employee previously has used any portion of the 13 days of
sick leave for general family care or bereavement purposes in a leave
year, that amount must be subtracted from the 12-week (60 days)
entitlement.

\(2\) If an employee has already used 12 weeks (60 days) of sick leave
to care for a family member with a serious health condition, he or she
cannot use an additional 13 days in the same leave year for general
family care purposes.

\(3\) An employee is entitled to a total of 12 weeks (60 days) of sick
leave each year for all family care purposes. In order to use the full
12 weeks of sick leave to care for a family member with a serious health
condition, an employee must maintain a sick leave balance of 10 days.

\(b\) Full-time employees charged leave on an hourly basis may take up
to a total of 12 administrative workweeks (480 hours) of sick leave in a
leave year to care for a family member with a serious health condition
subject to the following limitations;

\(1\) If an employee previously has used any portion of the 104 hours of
sick leave for general family care or bereavement purposes in a leave
year, that amount must be subtracted from the 12-week (480 hours)
entitlement.

[]{.mark}

\(2\) If an employee has already used 12 weeks (480 hours) of sick leave
to care for a family member with a serious health condition, he or she
cannot use an additional 104 hours in the same leave year for general
family care purposes.

\(3\) An employee is entitled to a total of 12 weeks (480 hours) of sick
leave each year for all family care purposes. In order to use the full
12 weeks of sick leave to care for a family member with a serious health
condition, an employee must maintain a sick leave balance of 80 hours.

\(c\) Part-time employees are also covered and may take an amount of
sick leave equal to 12 times the average number of hours in his or her
scheduled tour of duty each week during a leave year, subject to the
following limitations.

\(1\) If an employee previously has used any portion of sick leave for
general family care or bereavement purposes in a leave year, that amount
must be subtracted from the total number of available hours.

\(2\) If an employee has already used the maximum amount of sick leave
permitted to care for a family member with a serious health condition,
he or she cannot use additional hours in the same year for family care.

\(3\) In order to use the maximum amount of sick leave permitted to care
for a family member with a

serious health condition, an employee must maintain a sick leave balance
of at least two weeks.\]

\[(4) Medical and dental residents covered by disbursement agreements
shall be granted sick leave in accordance with those agreements.\]

\(5\) **Relation to Family and Medical Leave Act.** Sick leave under
paragraph i(2) above does not count towards an employee\'s entitlement
under the Family and Medical Leave Act (5 U.S.C. 6381-6387) unless the
employee notifies the leave approving official in advance of intent to
substitute sick leave for leave without pay taken under the Family and
Medical Leave Act.

\(6\) **Leave Approving Officials.** Leave approving officials may grant
or advance sick leave to title 38 employees as described in paragraph
(2); however, approvals or denials are to be consistent with the
limitations in paragraph (3) as well as the criteria for approving or
advancing sick leave.

\(7\) **Record Keeping.** Title 38 employees are not covered by the
\"Federal Employees Family Friendly Leave Act,\" Pub. L. 103-388.
However, to monitor use of this type of leave and to ensure consistency
between payroll practices for title 5 and title 38 employees, the record
keeping procedures found at 5 CFR 630.408 will be used.

[]{#PtIIICh3para6 .anchor}**6. ACCRUALS OF ANNUAL AND SICK LEAVE**

a\. **Accruals for Full-Time Physicians, Dentists, Podiatrists,
Chiropractors, or Optometrists** \[**Appointed Under 38 U.S.C. 7401,
7405 or 7306**\]**.** Annual and sick leave shall accrue to full-time
physicians, dentists, podiatrists, chiropractors, or optometrists during
full biweekly pay periods while in a leave with pay status or in a
combination of pay and nonpay status. Annual and sick leave will accrue
for fractional pay periods as authorized by the Under Secretary for
Health (see VHA Supplement, MP-4, part II, tables 1.02 and 1.02.1).

b\. **Accruals for Full-Time Nurses, Nurse Anesthetists, PAs, EFDAs**\[,
**7306 Appointees in Title 5 or Hybrid Title 38 Occupations,**\] **or
Part-Time Employees.** Annual and sick leave shall accrue to full-time
nurses, nurse anesthetists, PAs, EFDAs, \[7306 appointees **in Title 5
or Hybrid Title 38 occupations,**\] or part-time employees during each
full biweekly pay period while in a leave with pay status or in a
combination of pay and leave without pay status. Such an employee who
initially enters on duty on the first workday after the beginning of the
pay period shall be deemed to have been appointed at the beginning of
the pay period, thereby enabling completion of a full biweekly pay
period for leave accrual purposes. For example, an employee who's first
workday is after a Monday holiday which occurs the first week of the pay
period shall be deemed to have been appointed at the beginning of the
pay period for leave accrual purposes.

c\. **Accruals During Periods of Suspension.** Annual and sick leave
shall accrue to full- and part-time employees during a period of
suspension provided the employee is restored to duty and it is
determined that the suspension was not justified.

d\. **Accrual Rate**

\(1\) **Full-time Physicians, Dentists, Podiatrists, Chiropractors, and
Optometrists** \[**Appointed Under 38 U.S.C. 7401, 7405 or 7306**\]

\(a\) Annual leave shall accrue for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists at the rate of 26 days per
leave year

\(b\) Sick leave shall accrue for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists at the rate of 13 days per
leave year.

\(2\) **Full-Time Nurses, Nurse Anesthetists, PAs and EFDAs**

\(a\) Annual leave shall accrue for full-time nurses, nurse
anesthetists, PAs and EFDAs at the rate of 8 hours for each full
biweekly pay period.

\(b\) Sick leave shall accrue for full-time nurses, nurse anesthetists,
PAs and EFDAs at the rate of 4 hours for each full biweekly pay period.

\(3\) \[**Full-Time 7306 Appointees in Title 5 and Hybrid Title 38
Occupations**\]

\(a\) Annual leave shall accrue for \[full-time 7306 appointees in
non-Title 38 occupations\] at the rate of 8 hours for each full biweekly
pay period \[26 days per leave year\].

\(b\) Sick leave shall accrue for \[full-time 7306 appointees in
non-Title 38 occupations\] at the rate of 4 hours for each full biweekly
pay period \[13 days per leave year.\]

\(c\) \[Upon conversion to an appointment, covered by a different leave
system, the leave accrual rate for 7306 appointees will be determined
based on the applicable regulations and policies for the new leave
system\].

\[(4)\] **Part-Time Employees**

\(a\) Annual leave shall accrue for part-time employees at rate of 1
hour for each 10 hours in a pay status.

\(b\) Sick leave shall accrue for part-time employees at the rate of 1
hour for each 20 hours in a pay status.

\(c\) Hours in a pay status which do not equal the number necessary for
a minimum annual or sick leave credit of 1 hour for part-time employees
will be carried forward and combined with subsequent pay status hours.

e\. **Reduction of Leave Accruals**

\(1\) **Full-Time Physicians, Dentists, Podiatrists, Chiropractors, and
Optometrists** \[**Appointed Under 38 U.S.C. 7401, 7405 or 7306**\]

\(a\) Annual leave accruals for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists shall be reduced when the
individual has had \[1 full pay period\] of absence without pay in a
leave year. This reduction shall be at the rate of 1 day for each full
\[pay\] period.

\(b\) Sick leave accruals for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists shall be reduced when the
individual has had \[2 pay periods\] or more \[ \] of absence without
pay in a leave year. This reduction shall be at the rate of 1 day for
each full \[2 full pay\] periods.

\(2\) **Full-Time Nurses, Nurse Anesthetists, PAs**\[,\] **EFDAs**\[**,
and 7306 Appointees in Title 5 and Hybrid Title 38 Occupations**\]**.**
A full-time nurse, nurse anesthetist, PA\[,\] EFDA \[, or 7306
appointees **in Title 5 and Hybrid Title 38 occupations**\] who is in a
nonpay status for the entire leave year shall not earn leave for the
year. Leave accruals shall be reduced for a nonpay status of 80 hours or
more in a leave year. This reduction shall be at the rate of 8 hours of
annual leave and 4 hours of sick leave for each 80 hours in a nonpay
status. **NOTE:** *In making this computation each hour a full-time
nurse or nurse anesthetist on the Baylor Plan is in a nonpay status
shall be considered to be 1.667 \[ \] hours.* For this purpose, included
shall be all hours in a nonpay status (other than nonpay status during a
fractional pay period when no leave accrues) while the individual is on
the rolls during the leave year in which the leave accrues; excluded
shall be a period covered by refund for unearned advance leave. If a
reduction in leave credits results in a debit to the annual leave
account at the end of the leave year:

\(a\) The debit may be carried forward as a charge against annual leave
to be earned in the next leave year; or

\(b\) The individual may be required to refund the amount paid to the
employee for the period covering the excess leave that resulted in the
debit.

\(3\) **Part-Time Employees.** Since annual and sick leave for part-time
employees will be credited only on pay status hours, no necessity exists
for reducing accruals without pay absences.

f\. **Maximum Leave Accumulation**

\(1\) **Annual Leave**

\(a\) **Full-Time Physicians, Dentists, Podiatrists, Chiropractors, or
Optometrists** \[**Appointed Under 38 U.S.C. 7401, 7405 or 7306**\]**.**
A full-time physician, dentist, podiatrist or optometrist may carry
forward not more than 86 days of accumulated annual leave at the end of
any leave year.

\(b\) **Full-Time Nurses, PAs or EFDAs.** A full-time nurse, PA, or EFDA
may carry forward not more than 685 hours of accumulated annual leave at
the end of any leave year.

\[(c) **Full-Time 7306 Appointees in Title 5 or Hybrid Title 38
Occupations.** A full-time 7306 appointee in a non-Title 38 occupation
is entitled to carry forward not more than 720 hours of accumulated
annual leave at the end of the leave year. Upon conversion to another
type of appointment covered by a different leave system, any annual
leave accumulated while serving as a 7306 (not-to-exceed 720 hours)
appointee will remain to the employee's credit until it is reduced
through usage to the maximum annual leave accrual limitation of the new
position or leave system.

(d)\] **Part-Time Employees.** A part-time employee may carry forward
not more than 240 hours of accumulated annual leave at the end of any
leave year except that an employee converted to part-time from full-time
may carry forward more hours of unused annual leave as indicated in
subparagraphs [1]{.underline} and [2]{.underline}.

[1]{.underline}. The maximum carryover will be the lesser of the number
of hours converted to part-time or \[the maximum carryover limitation of
the employee's former leave system\]. For physicians, dentists,
podiatrists, chiropractors, and optometrists \[appointed under 38 U.S.C.
7401 and 7405\], \[5 days of annual leave will equal 5 workdays of
annual leave which will be converted to 40 hours\].

[2]{.underline}. When accumulated annual leave of more than 240 hours is
reduced by usage so that the balance at the end of the leave year is
less than the balance at the beginning of the leave year, such
difference may not be restored from earnings in the ensuing year. The
accumulated leave ceiling of 240 hours may be restored from subsequent
earnings. Accrued annual leave not used during the leave year which
would cause the maximum ceiling limitation of 240 hours of the balance
to be exceeded at the beginning of the ensuing leave year will be
forfeited.

\(d\) **Restoration of Annual Leave**

[1]{.underline}. Annual leave which is lost at the end of a leave year
by operation of an accumulated annual leave limit under this chapter
because of (1) administrative error when the error causes a loss of
annual leave otherwise accruable; (2) exigencies of the public business
when the annual leave was scheduled in advance; (3) sickness of the
employee when the annual leave was scheduled in advance; or (4) the
employee being in a missing status as defined in 5 U.S.C. 5561(5); shall
be restored to the employee.

[2]{.underline}. The restoration, maintenance, and disposition of annual
leave under subparagraph [1]{.underline} will be accomplished in the
same manner as for VA employees subject to the provisions of 5 U.S.C.
chapter 63 under sections 6304(d)(2) and (e), 6302(f), and 5562. (See
chapter 2, this part). This includes the same leave restoration approval
criteria and requirements and, as applicable, maintenance of leave in
separate accounts for the prescribed time limit or payment in lump sum
for the value of the leave (including payment for claims by separated
employees). This entitlement is provided pursuant to authority of 38
U.S.C. 7421.

\(2\) **Sick Leave.** There shall be no limitation on the amount of
accumulated sick leave which an employee may carry forward at the end of
a leave year.

\(3\) **Advanced Leave**

\(a\) **Full-Time Physicians, Dentists, Podiatrists,**
**Chiropractors,** **and Optometrists** \[**Appointed Under 38 U.S.C.
7401, 7405 or 7306**\]

[1]{.underline}. Annual leave not to exceed 26 days at any time may be
advanced to full-time physicians, dentists, podiatrists, chiropractors,
and optometrists appointed under authority of 38 U.S.C. \[ \]
7401(1)\[,\] 7405(a)(1)(A) \[or 7306\], except that such leave for
temporary full-time employees appointed under authority of section
7405(a)(1)(A) shall not be advanced in an amount in excess of that
amount which could accrue during the remainder of the current
appointment.

[2]{.underline}. Sick leave not to exceed 45 days at any time may be
advanced to full-time physicians, dentists, podiatrists, chiropractors,
and optometrists appointed under authority of 38 U.S.C. \[ \]
7401(1)\[,\] 7405(a)(1)(A) \[or 7306\]. However, sick leave shall not be
advanced to employees on time limited appointments in an amount in
excess of that amount which could accrue during the remainder of the
current appointment.

\(b\) **Full-Time Nurses,** \[**Nurse Anesthetists,**\] **PAs,** \[ \]
**EFDAs** \[**and 7306 Appointees in Title 5 and Hybrid Title 38
Occupations**\]

[1]{.underline}. Annual leave, not to exceed 208 hours, may be advanced
to \[these employees at any time except that leave for employees on time
limited appointments shall not be advanced in an amount in excess of
that amount which could accrue during the remainder of the current
appointment\].

[2]{.underline}. Sick leave, not to exceed 360 hours, may be advanced to
\[these employees\] at any time. However, sick leave shall not be
advanced to employees on time limited appointments in an amount in
excess of that amount which could accrue during the remainder of the
current appointment.

\(c\) **Part-Time Physicians, Dentists, Podiatrists, Chiropractors,
Optometrists, Nurses, Nurse Anesthetists, PAs**\[**,**\] **EFDAs**
\[**and7306 Appointees in Title 5 or Hybrid Title 38
Occupations**\]**.**

Part-time physicians, dentists, podiatrists, chiropractors,
optometrists, nurses, nurse anesthetists, PAs and EFDAs may be advanced
annual and sick leave based on the ratio which their employment bears to

full-time employment and the amount of annual and sick leave that may be
advanced to a full-time employee covered by subparagraph (3)(a) and (b).
For example, a half-time employee who is not on a time limited
appointment may be advanced up to 104 hours of annual leave and up to
180 hours of sick leave at any time during the leave year.

\(d\) **Leave Advanced During Time-Limited Appointments.** Advance sick
and annual leave may not exceed the amount an employee can accrue during
the remainder of any time limited appointment.

**NOTE:** *Sick leave may be advanced to full- or part-time employees
irrespective of whether or not there is annual leave to the employee's
credit.*

[]{#PtIIICh3para7 .anchor} \[(e). **Long Term Absences and Adoptions.**
In cases of serious disability, ailments, or for adoption-related
purposes, an employee with no time limit in his or her appointment may
be advanced sick leave not in excess of 30 days (240 hours). An employee
serving under a time limited or term appointment may be granted sick
leave up to the total leave that would otherwise be earned during the
term of the appointment. There may not be more than 30 days (240 hours)
of advanced sick leave on an employee\'s record at any one time. In the
case of sick leave for family care and bereavement, any or all of the
first 5 days (40 hours) used for those purposes each leave year may be
advanced. The amount of annual leave to an employee\'s credit generally
will have no bearing on grants of advanced sick leave (5 U.S.C. 6307(d);
5 CFR 630.404).\]

**7. OTHER LEAVE**

a\. **Military Leave**

\(1\) A full-time employee appointed under authority of 38 U.S.C. 7306,
7401(1), or 7405 (a)(1)(A) not limited to 1 year or less is eligible for
and shall be granted military leave in the same manner as other Federal
employees. The granting and charging of military leave contained in
chapter 2 of this part for title 5 employees is also applicable to title
38 employees covered under this paragraph. Administrative non-duty days
that occur within the period of military service will not be charged to
military leave. However, those employees on 24/7 schedules will continue
to be charged military leave on a daily basis for duty days.

\(2\) A part-time employee appointed under authority of 38 U.S.C.
7405(a)(1)(A) not limited to 1 year or less is entitled to leave without
loss in pay, time or performance or proficiency rating for active duty
or engaging in field or coast defense training under sections 502-505 of
title 32, United States Code, as a member of the Reserve of the armed
forces or member of the National Guard. Leave accrues for these
employees at the rate of 15 days per fiscal year (to be credited at the
beginning of the fiscal year) and, to the extent that it is not used in
a fiscal year, accumulated for the use in the succeeding fiscal years
until it totals 15 days at the beginning of a fiscal year. Scheduled
workdays and intervening days for which no work is scheduled falling
within a period of absence for this duty are not charged to military
leave. This entitlement is provided pursuant to authority of 38 U.S.C.
7421.

b\. **Court Leave.** Employees appointed under authority of 38 U.S.C.
7306, 7401(1), and 7405(a)(1)(A) are eligible for and shall be granted
court leave in the same manner as other eligible Federal employees.

c\. **Home Leave.** Employees shall earn and be granted home leave on
the same basis as employees subject to the provisions of 5 U.S.C.
chapter 63[]{#PtIIICh3para8 .anchor}.

**8. RELIGIOUS, STATE AND LOCAL HOLIDAYS**

a\. **Religious Holidays.** While there is no official observance of
religious holidays, except those which may also be national holidays, it
is the policy of VA to permit, when practicable, absence from work for
those employees who desire to observe religious holidays. Employees may,
under provisions of Public Law 95-390, and applicable regulations, elect
to work compensatory overtime for the purpose of taking

time off without charge to leave when their personal religious beliefs
require that they abstain from work during certain periods of the
workday or workweek, thereby avoiding an annual leave or leave without
pay charge.

b\. **State and Local Holidays.** If a facility is closed on a State or
local holiday because it is determined that Federal work may not be
properly performed as provided in paragraph 5d of chapter 2, this part,
absence on such day is not chargeable to leave for an employee of the
facility. Such approved time off is considered authorized absence
without charge to leave.

**9.** []{#PtIIICh3para9 .anchor}**AUTHORIZED ABSENCE.** An authorized
absence is an absence administratively approved, which does not result
in a charge to leave of any kind, or in loss of basic salary. The
following will be used as the *guide* in determining the types of
absences from duty which may be authorized without charge to leave.

a\. **Rest and Relaxation.** The Under Secretary for Health and facility
directors or the professional person acting for them are authorized to
approve absence for not to exceed 24 consecutive hours for rest and
relaxation for full-time physicians, dentists, podiatrists,
chiropractors, and optometrists who have been required to serve long
hours in the care and treatment of patients.

b\. **Tardiness or Absence for Part of a Day**

\(1\) A full-time physician, dentist, podiatrist, chiropractor, or
optometrist will be charged a full day\'s leave for absence for a part
of a day, unless the absence is excused by officials authorized to
approve leave. This authority to approve absence for tardiness and
absence for portions of a day will be exercised only when such absence
from duty is of short duration and will not be interpreted to cover
absences of a major portion of the day wherein annual or sick leave
should be properly charged.

\(2\) It is incumbent upon supervisory officials to ensure that
full-time nurses, nurse anesthetists, PAs, and EFDAs and part-time
employees discharge their obligation to VA in terms of the number of
hours for which payment is made and the number of hours actually worked
in accordance with the pre-established tour of duty. An unavoidable or
necessary absence from duty and tardiness of less than 1 hour may be
excused. In other instances, absences or tardiness will be charged to
annual leave or LWOP (with the employee\'s consent), or absence without
leave, as appropriate. The charges to leave will come as a result of
appropriate reporting in the ETA system.

\(3\) Repeated instances of tardiness or unexcused absences during
scheduled working hours will be considered a disciplinary matter under
the provisions of VA Handbook 5021 or as a matter for appropriate action
with regard to probationary employees and temporary full- and part-time
employees under the applicable provisions of VA Handbook 5021.

c\. **Hearings Before Federal Boards, VA Boards and Committees.**
Absence of employees required to appear before Federal boards, before
VHA boards, or before other VA boards or committees as witnesses or as
participants in the matter under consideration will be approved without
charge against leave.

d\. **Injury in Line of Duty.** An employee who suffers a duty-connected
injury or illness shall be excused without charge to leave for *initial*
examination or outpatient treatment (including local travel time) by a
United States medical officer or hospital, or any duly qualified
physician or hospital of the employee\'s choice. Any absence from duty
the first full workday (or shift) after the illness or injury, however,
shall be charged to sick leave, LWOP or continuation of pay, as
appropriate.

e\. **Voluntary Participation in Civic Health Programs.** Absence of
employees who participate in civic health programs such as mass chest
X-rays and mass vaccinations or immunizations, uncompensated blood donor
programs, etc., may be approved without charge to leave for this
purpose. Participants in an uncompensated blood donor program may be
excused without charge to leave for any portion of the day blood is
donated which may be desirable for rest and recuperation.

f\. **Administratively Required Vaccinations and Immunizations.** Time
used for administratively required vaccinations or immunizations will
not be charged against an employee\'s leave.

g\. **Conventions, Conferences, and Professional and Scientific
Meetings**

\(1\) Prior approval of the Secretary or Deputy Secretary, is required
for attendance at national conventions of veterans\' service
organizations as a representative of VA. When approved, such absence
will be without charge to leave.

\(2\) Facility directors, or their designees, are authorized to approve
the absence of full- and part-time employees to attend international,
national, sectional, State and local medical, dental, nursing, and
scientific meetings and conferences held in the United States, U.S.
Territories and Possessions, and Puerto Rico. The Under Secretary for
Health, or a designee, may approve similar absences for VACO employees.
Absences without charge to leave may be authorized for the necessary
time to attend such meetings and conferences, including the allowed
travel time not to exceed the time required for air travel. Approvals as
specified in M-8, part IV, chapter 2 must be obtained before these
absences are authorized. Requests involving authorized absence to attend
activities outside the United States must be approved in accordance with
M-8, part V, chapter 6. Intermittent employees will not be granted
authorized absence under this policy.

h\. **Education and Training.** Facility directors, or their designees,
are authorized to approve without charge to leave the absence of
full-time employees to attend education and training activities
(lectures, seminars, courses of instruction, etc.) in accordance with
the provisions of M-8, part IV, chapter 2. The Under Secretary for
Health or chief consultants may authorize such absences for VACO
employees. **NOTE:** *Any approvals required by M-8, pt. IV, Ch. 2, will
be secured before these absences can be authorized.* Part-time staff
appointed under Section 7405(a)(1) (A) may be similarly granted
authorized absence from scheduled duty for the purpose mentioned herein.
Intermittent employees will not be granted authorized absence for this
purpose.

i\. **Teaching**

\(1\) Full-time employees may accept *teaching* responsibilities in
private and public colleges and universities, provided the teaching
obligations do not conflict with the performance of their duties in

VHA. Absences resulting from such teaching assignments if no
remuneration is involved may be excused without charge leave.

\(2\) This policy permits part-time employees to fulfill teaching
responsibilities in private and public colleges and universities when it
serves the VA mission of veteran patient care or the education of VA
employees. Absences resulting from such teaching assignments if no
remuneration is involved may be excused without charge to leave. (This
does not preclude the granting of annual leave or leave without pay
where remuneration is involved.)

j\. **Medical Examinations**

\(1\) No charge for absence will be made against the leave of an
employee who is designated by proper VA authority to report to a VA
Medical Center or other VA facility with medical facilities for medical
examination or observation to determine fitness to remain on duty or for
the purpose of recommending retirement from Federal employment.

\(2\) No charge will be made for necessary absences of an employee who
is required to report for annual physical examinations, chest X-rays, or
other types of medical examinations required in connection with VA
employment.

\(3\) Employees ordered to undergo physical examinations to determine
their fitness for extended active duty in the Armed Forces, and who do
not receive military pay and allowances from the Armed Forces for this
period, will be excused without charge to leave for a period not to
exceed 1 workday. Absence in excess of 1 workday will be charged to
annual leave, or LWOP, if annual leave is not available. Employees who
receive military pay and allowances from the Armed Forces will be
charged annual leave, or LWOP if annual leave is not available, for the
entire period of absence for this purpose.

**NOTE:** *The discretion to excuse employees for medical examination or
treatment, subparagraphs j and k, is limited to brief periods, usually 1
day or less. When an initial examination is not completed in 1 day,
whether the employee is in or out of the hospital, the employee may be
excused without charge to leave for a somewhat longer period than 1 day;
however, the additional time to hospitalize an employee after an initial
examination or to require additional and more extensive tests and
examinations may not be regarded as excused absence without charge to
leave or loss of pay, even though periods of duty may intervene between
the initial examination of an employee and the additional test,
examinations or hospitalization that may be necessary as a result of the
initial examinations.*

k\. **Medical Treatment.** Employees may be excused for visits to the
Employee Health Unit or other emergency facility for treatment of a
minor illness.

1\. **Examinations.** Absences of physicians, dentists and residents to
undergo an American Specialty Board examination, podiatrists,
chiropractors, and optometrists to undergo examination by an approved
specialty board, nurses to undergo examination for certification by an
appropriate national certifying body, and physician assistants to
undergo the official Physician Assistant Certification Examination
prepared by the National Board of Medical Examiners and graduate nurse
technicians for registration,

will be authorized. The amount of absence authorized will not exceed the
time actually required for

taking the examination and for travel to and from the place of
examination. Any additional absence will be charged to annual leave, or
LWOP if annual leave is not available.

m\. **Pending Emergency Suspension.** Ordinarily, employees will be
retained in a pay and active duty status during an inquiry or
investigation into an incident of misconduct or pending a decision on a
proposed discharge. In instances where it is determined that an
employee\'s continued presence at work might reasonably pose a threat to
the employee or others, result in loss of or damage to Government
property, or otherwise jeopardize legitimate Government interests, the
employee may be placed in a paid non-duty status (i.e., authorized
absence for timekeeping purposes) for a brief but reasonable period of
time. The facility Director may approve such authorized absence in order
to conduct an investigation into the situation and/or to obtain the
Under Secretary for Health\'s decision on a request to effect a
suspension (see VA Handbook 5021).

n\. **Bone-Marrow and Organ Donor Leave.** An employee is entitled to 7
days of paid time off in a leave year to serve as a bone-marrow donor,
and 30 days of paid time off in a leave year to serve as an organ donor.
Employees may take this leave without charge to other types of leave or
reduction in pay. This leave is in addition to other types of leave and
is creditable as regular duty for all purposes, such as leave accrual,
retirement, and proficiency rating.

o\. **VA Policy.** The authorized absence policy, contained in chapter 2
of this part, for title 5 employees is also applicable to employees
under this chapter for the following types of absences:

\(1\) Absence for Congressional Medal of Honor holders.

\(2\) Duty connected injury or illness.

\(3\) Change in facility.

\(4\) Civil Defense and disaster activities.

\(5\) Funerals.

\(6\) Meetings with labor organizations and other groups.

\(7\) Parades, ceremonies, and civic activities.

\(8\) Participation in civic organizations.

\(9\) Participation in military funerals.

\(10\) Representing labor organizations.

\(11\) Voting and registration.

\(12\) Weather and emergency situations.

\(13\) VA placement matters.

[]{#PtIIICh3para10 .anchor}**10. LEAVE WITHOUT PAY (LWOP)**

a\. **General**

\(1\) Leave without pay is a temporary nonpay status and absence from
duty to be granted only on the employee\'s request. The authorization of
LWOP is a matter of administrative discretion.

\(2\) An employee cannot demand that LWOP be granted as a matter of
right except in the case of \[FMLA leave and\] disabled veterans who are
entitled to LWOP if necessary for medical treatment under Executive
Order 5396; and reservists and members of the National Guard who are
entitled to LWOP if necessary to perform military training duties

\(3\) Employees who are disabled on the job and file claims with the
OWCP may be granted LWOP for the entire period of absence from duty.
LWOP may also be granted in cases of employees who have made application
for disability retirement. LWOP in these circumstances may be granted
until it is judged that the employee will not be able to return to duty
and may be granted regardless of whether or not the employee has annual
leave.

\(a\) **Substitution of Annual or Sick Leave for LWOP.** An employee who
is on LWOP pending adjudication of a claim with OWCP may, if the claim
is disallowed while still employed, be retroactively granted sick and
annual leave.

\(b\) **Substitution of LWOP for Annual or Sick Leave.** An employee who
has used sick leave or annual leave pending adjudication of an OWCP
claim, which is later approved, should be informed by the human
resources office about procedures for \"buying back" the leave. This can
be accomplished by the employee\'s election to be placed in a no pay
status for the period and by the employee\'s authorization for the OWCP
to reimburse the agency for leave used based on compensation entitlement
(with the employee receiving or paying the difference). The substitution
should be made promptly and the OWCP will be notified of proposed change
in the employee\'s last day in pay status. For leave record purposes,
the request for substitution must be made within 1 year of approval of
the OWCP claim, unless it is administratively determined that the
employee was prevented from exercising this option because of the
disability which gave rise to the claim. In such case, the employee may
exercise the option within 1 year of the time it is determined that the
employee has sufficiently recovered from the disability to enable the
employee to make a reasoned decision. The employee\'s election should be
in writing and is not subject to revocation.

\(c\) **LWOP in Cases of Extended Absence.** In a case where an
employee\'s condition requires extended absence because of
duty-connected illness or injury, the length of LWOP granted will be
determined on the basis of the nature of the disability and the LWOP
criteria contained in this paragraph. If OWCP accepts an employee\'s
claim, but does not determine that the employee is permanently and
totally disabled, LWOP should be granted during this period, except in
case of an overriding requirement for separation, such as staff
adjustments or removal for cause. LWOP in yearly increments will be
granted until it is judged that the employee will not be able to return
to duty.

\(4\) Employees may be granted LWOP for pregnancy and confinement as
provided in paragraph 7d.

\(5\) The minimum charge for LWOP for full-time physicians, dentists,
podiatrists, chiropractors, and optometrists will be 1 \[ \] day. \[If
no duty is performed during the administrative workweek, the employee
will not be authorized any administrative nonduty days, and the entire 7
days of the workweek (Sunday through Saturday) will be charged to LWOP.
If duty is performed on at least 1 or more days during the
administrative workweek, any approved periods of LWOP during that same
week will be charged on a day-for-day basis. Administrative nonduty days
which fall wholly within a period of approved LWOP will be charged to
LWOP.\]

b\. **Conditions Which Will Be Met for Approval of Leave Without Pay.**
Except for the employees indicated in subparagraph a (2), (3) and (4),
LWOP will not be approved unless the following conditions are met.

\(1\) There is expectation that the employee will return to duty in VA
at the expiration of the LWOP period. At the discretion of the facility
Director the employee may be required to signify such intentions by
submitting a signed statement to that effect to be made a matter of
record.

\(2\) The needs of the service with respect to patient care will not be
unduly hampered by the employee\'s absence.

\(3\) The contribution or service of the employee is such to merit
granting LWOP, as evidenced by supervisory evaluation.

\(4\) It is clearly indicated that one or more of the following
advantages will accrue to the service.

\(a\) The value of the employee will be increased.

\(b\) Training of the employee in a specialty needed by VA.

\(c\) Retention of a capable employee in an area where recruitment of
qualified personnel is difficult.

\(d\) Protection or improvement of employee\'s health.

c\. **Notice to Employee.** Employees granted LWOP for more than 30 days
will be notified in writing by the Chief of Service that:

\(1\) There is no assurance of their assignment to their former position
or facility on the expiration of the approved period of LWOP, although
it will be the policy to make every effort to return them to the
facility which granted the LWOP, except under the circumstances
enumerated below:

\(a\) When the employee requests reassignment to another facility and
there is a suitable vacancy there and both facilities concur in the
transfer. Such transfers will be handled by the facilities concerned, if
the action normally does not require prior approval of VACO.

\(b\) When VACO may wish to offer the employee assignment elsewhere in
the interests of the service. For example, the services of a nurse
returning from educational LWOP might be required at another facility as
an associate chief, nursing service for education.

\(c\) In the event a staff adjustment is necessary while an employee is
on LWOP, the employee is subject to being declared surplus on the same
basis as other on-duty employees.

\(2\) They should communicate with their supervisor at least 2 weeks
before the expiration of their LWOP to arrange for their return to duty.

d\. **Action by the Human Resources Office.** The Human Resources
Management Office of the facility which granted the LWOP will maintain
necessary controls to insure that a vacancy is available for the return
of the employee to duty. In unusual circumstances where it is not
possible to return the employee to the facility the employee left, VACO
assistance in placing the employee may be requested.

e\. **Human Resources Office Records.** LWOP for more than 30 calendar
days will be documented on Standard Form 52, Request for Personnel
Action, forwarded to the Human Resources Management Office for
appropriate action and filed in the employee\'s personnel folder.

[]{#PtIIICh3para11 .anchor}**11. UNAUTHORIZED ABSENCE**

a\. **General.** Unauthorized absence is any absence from duty which has
not been approved. An employee who is absent without approval for any
cause will explain to the person authorized to approve leave, at the
earliest practicable time, the cause of this absence and the failure to
ask for permission to be absent. If it is found that the employee was
absent without sufficient cause, or that the failure to obtain
permission to be absent is not satisfactorily accounted for, the time
lost will be counted as unauthorized absence and pay will be forfeited
in the applicable amount.

b\. **Charging Unauthorized Absence.** The minimum charge for
unauthorized absence for full-time physicians, dentists, residents,
podiatrists, \[chiropractors,\] and optometrists is 1 calendar day. The
minimum charge for unauthorized absence for full-time nurses, nurse
anesthetists, PAs and EFDAs and part-time employees is 15 minutes and
multiples thereof.

[]{#PtIIICh3para12 .anchor}**12. DISPOSITION OF LEAVE ON TRANSFER,
SEPARATION, OR RETIREMENT**

a\. **Lump-Sum Leave Payments**

\(1\) The provisions of 5 U.S.C., chapter 55, subchapter VI, which
provide for lump-sum payment of annual leave, are for application to
employees appointed under 38 U.S.C., chapter 73 and 74. Lump-sum
payments are based upon the amount of annual leave to the credit of an
employee on the date of separation. There is no authority to grant
annual leave immediately prior to separation when it is known in advance
that the employee is to be separated except where exigencies of the
service require such action (34 Comp. Gen. 61).

\(2\) Lump-sum payments for full-time nurses and nurse anesthetists on
the Baylor Plan are also based on the amount of annual leave to the
credit of a nurse or nurse anesthetist on the date of separation.
However, the lump-sum payment to such nurse or nurse anesthetist shall
be based on the applicable hourly rate of base pay in effect for a
similar employee\'s service outside the Baylor Plan, i.e., the annual
rate of basic pay divided by 2080.

\(3\) Special pay for physicians and dentists is considered basic pay
for the purpose of lump-sum leave payments unless there is a refund
liability. See 38 U.S.C. 7438.

b\. **Recredit of Leave-Different Leave System.** OPM is authorized by 5
U.S.C. 6308 to regulate the transfer and recredit of leave when
different leave systems are involved. (See VHA Sup., MP-4, pt. II, par.
1D.05, for conversion formula.)

c\. **Disposition of Annual Leave Account**

\(1\) **Changes During Employment in VHA**

\(a\) When an employee is serving in an appointment which provides for
leave accrual, and is subsequently converted or appointed without a
break in service to another type of appointment which also

provides for leave accrual, accumulated and accrued leave will be
credited to the employee\'s account irrespective of the differences in
the accrued rates. For example, an employee serving in an appointment
under section 7401(l) who is converted to an appointment under section
7406 as a resident will have the leave earned under the section 7401(l)
appointment credited to the leave account under the latter appointment.
**NOTE:** *This example assumes the individual would be entitled to
payable leave as a resident. If the individual were transferring to a
nonpayable leave system, he or she would receive a lump-sum payment for
the accrued annual leave.*

\(b\) An employee converted to a position in which no payable leave is
earned will be given a lump-sum payment as provided in subparagraph a
above.

\(c\) Graduate nurse technicians employed in VHA are covered by
5 U.S.C., chapter 63. If the appoint-ment of the graduate nurse
technician is converted to a full-time nurse in VHA during the biweekly
pay period, the individual will be considered in a graduate nurse
technician status for leave purposes until the end of such pay period.
Annual leave will be credited under the leave system for nurses from the
beginning of the first complete biweekly pay period under the
appointment as a registered nurse.

\[(d) When an employee transfers without a break in service to a
position exempted from the leave system, (e.g., to a Presidential
appointment in the executive pay level or a comparable position), the
employees' regular annual leave is held in abeyance until it is either
(a) liquidated by lump sum payment upon the employee's separation or
death, (b) liquidated in one or more partial payments, or a single full
payment, during the employee's service in the exempted position, or (c)
re-credited upon the employee's reemployment without a break in service
to a position subject to the leave provisions in this Chapter or in 5
USC Chapter 63. Any annual leave restored to the employee's credit under
paragraph 6.f.(1)(d) of this Chapter must be liquidated by a lump sum
payment if the employee elects not to retain his or her leave benefits.
A career Senior Executive Service member accepting a Presidential
appointment may elect to retain his or her leave benefits and therefore
continue to accumulate and use annual leave, including restored annual
leave.\]

\(2\) **Separation for Advocating Overthrow of the Government of the
United States.** When separation of an employee is for advocating or
being a member of an organization that advocates the overthrow of the
Government of the United States by force or violence, no lump-sum
payment will be made for annual leave remaining to the employee\'s
credit (23 Comp. Gen. 677).

\(3\) **Death.** On the death of an employee, compensation for all
accumulated and current accrued annual leave will be paid in an amount
equal to the compensation the decedent would have received had the
employee remained in the service until the expiration of the period of
such annual leave.

d\. **Credit and Recredit of Sick Leave**

\(1\) **Changes During Employment in VHA.** An employee serving in an
appointment which provides for leave accrual who is subsequently
converted or appointed without a break in service to another type of
appointment which also provides for leave accrual will be credited with
sick leave to the employee\'s account irrespective of any difference in
accrual rates.

\(2\) **Recredit of Sick Leave.** Sick leave will be recredited to an
employee upon reemployment after a break in service. Sick leave will
also be recredited to an employee after being changed from a
leave-earning to non-leave-earning status in the service and later being
returned to a leave-earning status.

e\. **Reemployment During Period Covered by Lump-Sum Payment.** An
employee who previously served under the VHA leave system and is
reemployed in VA under an appointment within the purview of the leave
provisions of this chapter during the period covered by lump-sum payment
will refund to VA an amount equal to the compensation covering the
period between the date of reemployment and the end of the period
covered by the lump-sum payment. It is the responsibility of the
appointment officer to ascertain if new appointees are entering on duty
prior to the expiration of leave represented by lump-sum

payment. Collection of required refunds will be made by the employing
facility prior to employment. When a hardship would be imposed on a
prospective employee by requiring refund of lump-sum payment in full
prior to reemployment, the individual may be placed on the rolls and
installment collections made by payroll deductions. Arrangements for
such deductions will be approved by the Fiscal Officer. Installment
deductions will be large enough to permit complete repayment at an early
date, and in no event later than 6 months from date of reemployment. The
amount of leave represented by the required lump-sum payment refund will
not be credited to the employee until the entire indebtedness has been
liquidated. The employee will be entitled to take leave earned
subsequent to the date of reemployment.

f\. **Disposition of Leave on Retirement**

\(1\) **Disability Retirement**

\(a\) The fact that an employee has executed SF 2801, Application for
Retirement, is not to be interpreted as the employee\'s notice of
intention not to return to duty.

\(b\) Pending decision of OPM on a claim for disability retirement, the
employee may be granted currently credited leave before being placed in
a nonpay status. However, advanced sick leave will not be granted
pending such a claim.

\(c\) On receipt of approval of the disability retirement from OPM,
leave as recommended in OPM Operating Manual 831-1, section S10-11, will
be granted.

\(2\) **Optional Retirement**

\(a\) The general rule that an employee retiring on an optional basis
may not be granted annual leave immediately prior to separation (sub
par. a above) applies to optional retirement.

\(b\) Any unliquidated advanced leave will be adjusted to date of
separation, except when the employee\'s separation is also due to
disability, evidence of which will be supported by an acceptable medical
certificate. In such cases, no adjustment for advanced leave will be
required.

g\. **Restoration of Veterans After Military Service.** The provisions
of part III, chapter 6 of VA Handbook 5005 will apply to employees who
are reemployed in positions which entitle them to the benefits of this
chapter.

h\. **Indebtedness for Advanced Leave on Separation From the Service.**
An employee will make refund for any unliquidated advanced annual and
sick leave on separation. This does not apply in cases of death,
retirement for disability, disability supported by an acceptable medical
certificate, or entering on active duty in the military service, when
such entry is without a break in service from the civilian position. The
Fiscal Office will be responsible for initiating action to effect
recovery of the indebtedness.

**13.** []{#PtIIICh3para13 .anchor}**DUTY AND LEAVE FOR RESIDENTS.**
Duty and leave provisions for full-time physicians and dentists, as
contained in this chapter, are applicable to full-time residents
appointed under authority of 38 U.S.C. 7406 except as otherwise
indicated below. Residents appointed on an intermittent basis, including
residents on disbursement agreements, are not entitled to any leave,
except as specifically provided below. The term \"resident\" as used in
this paragraph refers to medical and dental residents.

a\. **Annual Leave**

\(1\) **General.** Facility directors are authorized to establish a
local annual leave system, tailored to conform to the system existent at
the index hospital, for all medical and dental residents subject to the
limitations and procedures herein described. The index hospital used for
this purpose will be the same index hospital approved by the Under
Secretary for Health or designee, and used to establish resident
stipends in accordance with VA Handbook 5007, appendix III-E. Sick
leave, military leave, court leave, holidays and holiday in-lieu days,
and authorized absence covered under the provisions of subparagraphs b,
c, d, e, and f below, in the amounts provided, will not be included in
the local annual leave system, whether or not available at the index
hospital.

\(2\) **Procedures**

\(a\) Facility directors will survey their index hospital for a complete
description of the operable annual leave system. The annual leave system
at the index hospital includes all types of annual leave available for
use by the house staff, such as vacation leave, personal leave,
death-in-family leave, leave to attend education and training activities
(under conditions not authorized by sub par. f below), day off for
birthday, etc. For this purpose, each type of annual leave available at
the index hospital and accorded to residents will then be classified
into one of two categories as follows:

[1]{.underline}. **Payable.** Resident payable leave is defined as leave
which is a vested entitlement, payable by the index hospital if not used
by the resident.

[2]{.underline}. **Nonpayable.** Resident nonpayable leave is defined as
leave which is available for use by the resident at the index hospital,
normally subject to certain conditions or approvals, and is not payable
by the index hospital if not used. Examples of leave at the index
hospital which would be classified as nonpayable include death-in-family
leave granted only if the event occurs, leave to attend a meeting or
conference not otherwise covered by official VA leave or authorized
absence, vacation leave which is lost if not used, personal leave, etc.
All leave not fully meeting the definition of payable leave, above, will
be classified as nonpayable leave.

\(b\) After the total leave system of the index hospital has been
classified per the above definitions, directors will establish the VA
annual leave plan to match these classifications, on a day-for-day
basis. Prior to implementation, and whenever the plan changes in the
future, the VA matching annual leave plan will be approved by the Deans
Committee. In matching leave systems, 1 full week of leave at the index
hospital translates to 7 calendar days of leave in the VA system.
However, in VA, the total of payable and nonpayable annual leave for all
purposes available to a resident under the VA matching leave system may
not in any event exceed 30 calendar days in a leave year, but may
consist of any combination of

payable and nonpayable annual leave up to a maximum of 30 calendar days
total, in conformance with the plan at the index hospital. If the index
hospital provides different annual leave plans among specialties or
different annual leave plans depending on level of training, the VA
system will match these plans.

\(c\) The annual leave plan established at the facility, including
applicable regulations and local policy, will be published and
distributed by the facility to all residents and other interested
parties. Three copies of the annual leave plan will be forwarded for
technical review to the Office of the Chief Academic Affiliations
Officer (14), VACO. Additional copies will be forwarded whenever the
plan changes.

\(d\) If both payable and nonpayable annual leave are included in the
facility leave plan, then all VA residents with full-time appointments
will earn both payable and nonpayable annual leave simultaneously,
proportionate to service, in accordance with the plan established by the
facility. Residents with intermittent appointments will not earn payable
leave.

\(e\) In some situations, leave may be granted by the index hospital for
any variety of personal reasons individually approved by the department
chairman or chief of service. When constructing the VA matching leave
plan, each and every circumstance and condition for granting annual
leave *will be clearly defined*, and may not be dependent on a VA
official\'s determination of the validity, urgency, necessity, or
propriety of the leave request. The VA approving official's
determination in granting or denying a leave request should be based
only on consideration of patient care needs in sparing the services of
the requester. The facility annual leave plan will specify the exact
circumstances and number of days for each type of annual leave
available. If difficulty is encountered in constructing the VA matching
plan because of a lack of any systematized basis for granting certain
types of leave at the index hospital, then directors will investigate
the circumstances closely so as to extrapolate a workable system from
the index hospital\'s practices. This can be accomplished by determining
the average experience of the index hospital with respect to various
types of leave or by taking their best estimate of the circumstances and
number of days available for each type of leave. If further difficulty
is encountered, the problem will be referred to the Deans Committee for
resolution, and an advisory opinion may be requested of the Office of
Human Resources Management \[and Labor Relations\] (05\[8\]), VACO.

\(f\) In prorating annual leave, a resident will earn, for each day in a
pay status, the proportionate amount of payable leave plus the
proportionate amount of non-payable leave in accordance with the plan
established at the facility. The general principles regarding proration
of leave credits, charges, and reductions contained in VHA Supplement to
MP-4, part II, chapter 1, section B, will be followed, as applied to the
amount of payable and nonpayable annual leave authorized at the
facility. All annual leave will accrue and be earned proportionate to
service. For example, in a nonpayable annual leave system which provides
for 14 days of vacation leave and 2 days for death-in-family leave,
annual leave would accrue at the rate of 16 days per year for the
purposes specified. No pooling of leave is permitted on a full-time
equivalent basis or through any other mechanism. All annual leave is
earned by and vested in the name of an individual resident, and may not
be transferred to the account of any other resident. With respect to
nonpayable leave, the term \"earn\" is used as a matter of clarity and
convenience to express the rate of accumulation of this type of leave
which directors may grant or advance to an individual resident, and
implies no entitlement under the lump-sum payment provisions of 5 U.S.C.
5551 and 5552.

\(g\) Notwithstanding any other provision in subparagraphs (a) through
(f) above, facility directors may authorize either of two leave pool
systems. Regardless of the type of pool system, the total amount of
leave credited to the pool at the beginning of each academic year or
leave year will be based on the proportionate amount of leave which will
actually be earned by each resident according to the planned rotation
schedule. All leave used will be charged to the pool and the amount of
leave will be reduced accordingly. The leave pool will be carefully
monitored and immediately adjusted to reflect changes in rotation
schedules and staffing. Should leave usage exceed leave credited to the
pool in any training year or leave year due to unforeseen circumstances,
the negative balance may be carried forward into the following year and
the pool will be adjusted accordingly. Similarly, if the matching leave
plan provides payable leave or permits unused nonpayable leave to be
carried forward into the next leave year, the positive leave pool
balance may be carried forward into the following year and the pool will
be adjusted accordingly. Facilities will ensure that the postgraduate
levels of residents using leave fairly represent the postgraduate levels
of all residents rotating through the facility. Intermittent
appointments will not bar the use of leave pool arrangements; however,
paid and WOC residents in exchange programs (see VA Handbook 5007,
appendix III-E) may not be included unless a written exception is
granted by the Chief Academic Affiliations Officer (14). Pool systems
are not appropriate for sick leave or any other type of absence that
cannot be included in a facility\'s matching leave plan.

[1]{.underline}. Under the first leave pool system, which is the only
leave pool system that may be authorized if any portion of the matching
leave plan permits payable leave, VA allows a designated number of
residents to use leave included in the annual leave pool without regard
to the amount of annual leave actually earned by those particular
residents. For example, if a facility is allocated 10 positions which
are encumbered by 10 different residents each quarter and the matching
leave plan calls for 21 days of payable or nonpayable annual leave at
each postgraduate level, a 210-day leave pool could be available for use
by any 10 of the 40 residents rotating through the facility. Other
teaching facilities would assume leave responsibility for the remaining
30 residents. The 10 residents for whom VA accepts leave responsibility
would be identified by name at the beginning of the academic year. VA
would pay each of those residents for any leave used in accordance with
the facility\'s matching leave plan. All such service at either the VA
medical center or other teaching facility will be creditable for leave
accrual purposes. A designated resident may be placed on the payroll at
any time during the academic year for the purposes of utilizing VA paid
annual leave. If payable leave is part of the matching leave plan,
residents for whom VA accepts leave responsibility will have entitlement
under the lump-sum payment provision of 5 U.S.C. 5551 and 5552 for
unused payable leave. For such a resident leaving the program
prematurely, lump-sum payment will be prorated to the total amount of
paid training provided the individual by VA and affiliated hospitals. To
the extent practicable, prorating will be consistent with index hospital
policy.

[2]{.underline}. Under the second leave pool system, which cannot be
authorized if any portion of the matching leave plan permits payable
leave, residents are permitted to use leave included in the annual leave
plan on a \"first-come-first-served\" basis without regard to the amount
of leave actually earned by those particular residents. For example, if
a facility is allocated 10 positions, which are encumbered by 10
different residents each quarter and the matching leave plan calls for
21 days of nonpayable annual leave at each postgraduate level, a 210-day
leave pool could be available for use by any of the 40 residents
rotating through the facility until the leave pool is exhausted.

[3]{.underline}. The Chief of Staff is directly responsible for
establishing controls over leave pools and leave usage and will ensure
that these controls are strictly adhered to the overall administration
of the annual leave program.

\(3\) **Administration**

\(a\) Payable and nonpayable leave will be granted and charged to
residents in 1-day increments, for each calendar day of leave,
requested, approved, and charged in the normal fashion per provisions of
paragraph 6a(4). In addition, annual leave may be granted by the
authorized official only when it has been approved in advance by the
House Staff Review Committee or when the authorizing official is acting
under criteria established by the committee. Annual leave granted for
purposes which were matched as payable leave at the index hospital will
be chargeable to payable leave in VA, and leave granted for purposes
which were matched as nonpayable leave at the index hospital will be
chargeable to nonpayable leave in VA. Nonpayable leave will be granted
only on such occasions and for such purposes as the index hospital
grants similar leave; for example, 2 days of leave available at the
index hospital to attend the funeral of a close family member will be
included as 2 days of nonpayable leave in the VA annual leave system,
but will be granted only if the event occurs.

\(b\) Facility directors may approve the advancement of annual leave,
both payable and nonpayable, to residents proportionate to expected
service, not to exceed the amount of their payable and nonpayable leave
yearly earning rate. Also, the amount of advanced annual leave will not
exceed that which can be earned during the remainder of their VA
training period. Directors are cautioned regarding the advancement of
annual leave in that any excess leave, both payable and nonpayable,
which has been granted and which has not been earned by a resident at
the time of separation from VA rolls will require an appropriate
reduction for the value thereof in the final salary payment. Service
chiefs responsible for a resident\'s training will notify Fiscal Service
within 2 days of separation if any excess annual leave over that earned
has been granted. If Fiscal Service is unable to withhold the
appropriate amount from the final salary check for any reason, the value
of the excess annual leave taken by a resident will become a debt owed
by that person to the United States and will be processed for
collection.

\(c\) If the facility matching annual leave system provides for any
portion of payable leave, then the following will apply to all residents
at that facility:

[1]{.underline}. The leave year (both for payable and nonpayable leave)
will be as indicated in paragraph 5d of this chapter.

[2]{.underline}. Up to 120 days of unused payable leave to a resident\'s
credit at the end of the leave year will be carried forward into the
next leave year and the value thereof will be paid on separation in
accordance with the lump-sum leave payment provisions of 5 U.S.C. 5551
and 5552.

[3]{.underline}. Unused nonpayable leave to a resident\'s credit at the
end of the leave year may be carried forward into the next leave *year
if this is the practice at the index hospital*. Only the amounts and
types of nonpayable leave which the index hospital carries forward at
the end of each leave year will also be

carried forward in the VA system. Not more than a combined aggregate
total of 120 days of payable leave and nonpayable leave may be carried
forward into the next year. If it is not the practice at the index
hospital to carry forward nonpayable leave balances from one leave year
to the next, which is the more common situation, then the VA annual
leave plan will also follow this policy. As an alternative, the facility
Director may permit VA residents to carry forward their nonpayable
annual leave balances into the next calendar year and subsequently
forfeit all nonpayable annual leave balances at the end of the index
hospital\'s leave year rather than at the end of the calendar leave
year. This option may be elected only where the index hospital\'s leave
year is different than the calendar leave year, where the index hospital
does not allow the residents to carry over nonpayable annual leave, and
where it is impossible to schedule the use of nonpayable annual leave so
as to avoid forfeiture of such leave at the end of the calendar leave
year. The use of and justification for using the delayed forfeiture date
will be fully documented in the annual leave plan and all residents will
be informed in advance of the forfeiture date. Issuance of a copy of the
leave plan documented as indicated above to each resident will suffice
for this purpose. In any event, accumulated balances of nonpayable leave
are not an entitlement and will not be paid on separation.

\(d\) If the facility matching annual leave system provides only for
nonpayable leave and contains no portion of payable leave, then the
following will apply to all residents at that facility:

[1]{.underline}. The leave year for nonpayable leave purposes will be
July 1 and through June 30. Where the index hospital\'s leave year is
different than these dates, however, the facility Director may, as an
alternative, use the same leave year as that of the index hospital of
nonpayable annual leave purposes. In any case, the dates of the leave
year used for these purposes will be documented in the annual leave
plan. Where the later leave year is used, the plan will document that
this is the leave year used by the index hospital. (The leave year for
other purposes, such as sick and military leave will continue to be the
calendar leave year indicated in paragraph 5d of this chapter.

[2]{.underline}. Up to 120 days of unused nonpayable leave to a
resident\'s credit at the end of the leave year may be carried forward
into the next year *if this is the practice at the index hospital*. If
it is not the practice at the index hospital to carry forward unused
nonpayable leave balances from one leave year to the next, which is the
more common situation, then the VA annual leave plan will also follow
this policy. In any event, accumulated balances of nonpayable leave are
not an entitlement and will not be paid on separation.

\(e\) Extreme care will be exercised in establishing the VA annual leave
system in terms of matching the index hospital. The VA annual leave
system will conform *in policy and in practice* with that of the index
hospital, subject to the constraints described herein. A signed letter
describing the leave system at the index hospital does not in itself
constitute sufficient documentation for establishing the matching VA
annual leave system. Directors will fully satisfy themselves at all
times that the annual leave system established for VA residents conforms
to the actual practices of the index hospital.

\(f\) The PAID system will accommodate the recording and compilation of
*payable leave only* for full-time residents in accordance with each
individual facility plan. (See coding instructions in MP-6, Pt. V, supp.
No. 1.5, ch. 3. App. A.) The PAID system will not be involved in
accounting for nonpayable leave except as may be incorporated in PAID
instructions. Facilities will establish their own control systems to

record and compile the earning and use of nonpayable leave for all
residents, full-time and intermittent. The control systems established
locally will provide that a strict daily record be kept, showing
accumulated balance, amount used and for what purposes. Service chiefs
responsible for the house officer\'s training are also responsible for
maintaining the records and control systems necessary with regard to
nonpayable leave. The Chief of Staff is directly responsible for the
accuracy and adequacy of all records maintained by service chiefs in
this connection.

\(4\) **Changes.** Facilities may modify or change their leave plans
only on a prospective basis, at the beginning of a pay period, or on
July 1 if only nonpayable leave is involved. Facilities should make a
regular annual review of their leave plan to determine its currency and
accuracy.

b\. **Sick Leave**

\(1\) **Full-Time.** The sick leave provisions for full-time physicians
and dentists contained in paragraph 7 are applicable to sick leave for
full-time residents except that the maximum amount of sick leave which
may be advanced may not exceed 15 calendar days. The Chief Academic
Affiliations Officer (14) may approve exceptions to these provisions
under unusual circumstances when requested.

\(2\) **Intermittent.** Facility directors may grant authorized absence
for illness not to exceed 15 days per year of training to each resident
who is appointed on an intermittent basis. The Chief Academic
Affiliations Officer (14) may approve additional authorized absence
under unusual circumstances when requested. The extent of such absence
will be in proportion to service and may be authorized at any time
during appointments. These absences are not an entitlement and do not
accrue from year to year. The amount of these absences which may be
granted will be reduced in the same manner as sick leave is charged
under paragraph 7a. The service chief responsible for the resident\'s
training is also responsible for controlling and documenting absences
for this purpose. The Chief of Staff is directly responsible for the
accuracy and adequacy of all records maintained by service chiefs in
this connection.

c\. **Military Leave**. Full-time residents whose periods of training in
VA are not limited to 1 year or less are entitled to the same military
leave benefits provided full-time physicians and dentists.

d\. **Court Leave.** Full-time residents are eligible for and will be
granted court leave in the same manner as other eligible Federal
employees.

e\. **Holidays.** The holiday provisions for full-time physicians and
dentists contained in part II, chapter 3 of this handbook, and paragraph
8 of this chapter, are applicable to residents under this paragraph.

f\. **Authorized Absence.** The authorized absence provisions for
full-time physicians and dentists in paragraph 9 also apply to residents
under this paragraph except the provisions pertaining to education and
training in paragraph 9 (residents may be detailed to non-VA
institutions for these purposes per VA Handbook 5007, part II, appendix
E, and the provisions pertaining to participation in civic organizations
in paragraph 9n. Absences of residents to undergo American Specialty
Board and State licensure examinations will be authorized. The amount of
absence authorized will not exceed the time actually required for taking
the examination and for travel to and from the place of examination. Any
additional absence will be charged to annual leave, or LWOP if annual
leave is not available.

# APPENDIX A. SAMPLE SICK LEAVE QUESTIONS AND ANSWERS

-   **Sick Leave for Family Care and Bereavement**

**Q.** *Jerry wants to take 2 weeks off when his wife comes home from
the hospital with their new baby. Can he use sick leave? How much?*

**A.** Full-time employees may use 40 hours of sick leave each year to
provide medical care and assistance to family members. An additional 64
hours of sick leave may be used if they maintain a balance of at least
80 hours of sick leave in their sick leave account. Part-time employees
and employees with uncommon tours of duty are permitted to use sick
leave in an amount that is prorated in proportion to the average number
of hours in their weekly scheduled tour of duty. Since Jerry is a new
employee and has only 72 hours of sick leave, he is limited to the use
of 40 hours of sick leave for family care at this time.

**Q.** *Sharon is a new employee and has a balance of 23 hours of sick
leave in her account. Sharon has requested sick leave to care for her
son who broke his leg falling out of a tree. How much sick leave can she
use?*

**A.** Sharon may use her 23 hours of sick leave to care for her son (if
she has not previously used sick leave for family care.) Since an
employee may use up to 40 hours of sick leave without regard to the
80-hour requirement, the supervisor could advance 17 hours of sick leave
to Sharon, enabling her to use 40 hours. However, there is no
entitlement to advance sick leave. Advancing leave is always agency
discretion.

**Q.** *Joel has been named executor of his mother\'s estate. He used 20
hours of sick leave to make arrangements for and attend the funeral. It
is now 3 months later. Joel has requested 32 hours of sick leave to meet
with the lawyers and to appear in probate court. He has 289 hours of
sick leave. Is he entitled to sick leave?*

**A.** An employee may use sick leave to \"make arrangements
necessitated by the death of a family member.\" This may include funeral
arrangements and other immediate actions necessary, including the
reading of the will. However, for absences necessary to settle the
estate of the deceased, annual leave and leave without pay (at the
agency\'s discretion) are appropriate.

-   **Sick Leave to Care for a Family Member with a Serious Health
    Condition**

**Q.** *John wants to use some of his 600 hours of sick leave to be with
his wife while she is in labor and delivery and stay with her and the
new baby afterwards. He has requested 12 weeks of sick leave.*

**A.** John is entitled to use sick leave to care for his wife. However,
the entitlement to use sick leave is limited to the period of his
wife\'s incapacitation\--generally 6 to 8 weeks for most births. There
is no entitlement to use sick leave to care for a healthy newborn.

-   **Sick Leave for Family Care and Bereavement and Sick Leave to Care
    for a Family Member with a Serious Health Condition**

**Q.** *Jennifer has 500 hours of sick leave in her account and her
husband Mel has more than 1,000 hours of sick leave. Their daughter has
the flu. Jennifer has used 72 hours of sick leave for general family
care purposes this year, and Mel has used 40 hours. They decide to
alternate days off on sick leave to care for their daughter. How much
leave can each of them use?*

**A.** Jennifer is limited to an additional 32 hours at this time, since
she has already used 72 hours for general family care purposes and is
limited to the use of 104 hours (13 days) to care for a family member.
Mel may use an additional 64 hours of sick leave for general family care
purposes.

**Q.** *After 2 days, Jennifer\'s daughter is rushed to the hospital
with a severe asthma attack as a result of complications of the flu. She
will be hospitalized until the asthma is under control and her condition
stabilizes (at least 2-3 days). Jennifer and Mel request additional sick
leave for family care. How much sick leave can Jennifer and Mel use at
this time?*

**A.** Jennifer has now used 80 hours of sick leave (she has 420 hours
of sick leave remaining in her account) and Mel has used 48 hours of
sick leave for family care purposes. Asthma is considered a \"serious
health condition.\" Employees are entitled to use up to a total of 12
weeks (480 hours) of sick leave to provide care to a family member with
a serious health condition. This means Jennifer and Mel may each use up
to 480 hours of sick leave, less any sick leave previously used for
family care, as long as each of them can maintain a sick leave balance
of at least 80 hours at all times. Mel may use up to a maximum of 432
hours in the remainder of the leave year. (He has already used 48
hours). However, Jennifer is limited to 340 hours \-- if she uses more
than 340 hours, she will be unable to maintain the required 80-hour
balance.

-   **Sick Leave for Adoption**

**Q.** *Carl and his wife are in the process of adopting a child. He
will need to take a number of days off from work to finalize the
adoption. How much sick leave can Carl use for adoption purposes?*

**A.** Carl may use an unlimited amount of sick leave for purposes
related to the adoption of a child. For example: Appointments with
adoption agencies, social workers, and attorneys; court proceedings;
required travel; any period of time the adoptive parents are [ordered or
required]{.underline} by the adoption agency or by the court to take
time off from work to care for the adopted child; and any other
activities necessary to allow the adoption to proceed. **Sick leave may
not be used by adoptive parents who voluntarily choose to be absent from
work to bond with an adopted child.**

[]{#AppIIIB .anchor}**APPENDIX B. SAMPLE MEMORANDUM TO ALL EMPLOYEES**

**VOLUNTARY LEAVE TRANSFER PROGRAM**

**TO:** All Employees

**FROM:** Director

**SUBJ:** Voluntary Leave Transfer Program

1\. The voluntary leave transfer program permits Federal employees to
donate annual leave to other Federal employees who are experiencing a
medical emergency. For the purpose of this program, a medical emergency
is a medical condition of an employee or a family member of the employee
that is likely to require the employee's absence from duty for a
prolonged period of time and to result in a substantial loss of income
to the employee because of the unavailability of paid leave.

2\. Any employee who has experienced or is experiencing a medical
emergency, as described above, may make a written request to become a
participant in the voluntary leave transfer program. The request must
contain the following information: (a) name, position title, and grade
or pay level of the potential leave recipient; (b) the reasons why
transferred leave is needed, including a brief description of the
nature, severity, and anticipated duration of the medical emergency, and
if it is a recurring one, the approximate frequency of the emergency;
and (c) certification from a physician, or other appropriate expert,
with regard to the medical emergency. Additional information may be
requested to support the application.

3\. Completed requests in memorandum form should be forwarded to me
through the Human Resources Management Officer. Applicants will be
notified within 10 workdays of their eligibility to participate in the
program as leave recipients.

4\. In order to ensure the privacy of those who wish to participate in
the program, employees who are eligible and are approved as leave
recipients will have the discretion of determining their own means of
informing potential leave donors from within VA. Potential donors from
other Federal agencies may be considered in accordance with the
regulations governing the program.

5\. The donation of leave is entirely voluntary. However, employees may
not donate leave to their immediate supervisor(s). There are also
minimum requirements and limitations on the amount of leave that can be
donated. Employees who are interested in donating annual leave to a
specific recipient may contact the Human Resources Management office for
additional information.

6\. Annual leave donations will be transferred from the accounts of
donors to the leave recipient's account. These leave donations will be
used for the recipient's current leave charges and to liquidate any
advanced leave indebtedness. When the leave recipient's medical
emergency no longer meets the criteria of this policy (for example, the
employee is able to return to duty), the remaining annual leave in that
person's account will be re-credited to donors on a prorated basis in
accordance with OPM regulations and VA policy.

7\. VA supports the concept of the leave transfer program. However, the
decision to apply to become a leave recipient, or to donate leave, is
personal and must be made on a completely voluntary basis**.**

(SIGNATURE)

[]{#AppIIIC .anchor}**APPENDIX C. SAMPLE APPLICATION MEMORANDUM**

###### VOLUNTARY LEAVE TRANSFER PROGRAM

**DATE:**

**TO:** Director ( )

**THRU:** Human Resources Management Officer ( )

**FROM:** John L. Doe

**SUBJ:** Voluntary Leave Transfer Program

1\. I, John L. Doe, Clerk-Typist, GS 312-3, am applying to become a
leave recipient under the voluntary leave transfer program.

2\. On January 1, 2XXX, I was involved in an automobile accident and
suffered multiple injuries. At present I am undergoing therapy for both
my wrists and one leg, all of which were broken in the accident. My
physician, Dr. John A. Smith, anticipates that I will not be able to
return to duty until approximately August 1, 2XXX. Attached is a copy of
his medical report which indicates the treatment I have received,
current therapy plans, and the prognosis of my case.

3\. Due to this accident, I have used all of my accrued annual and sick
leave. I have also been granted 30 days of advance sick leave, and I am
currently on leave without pay (LWOP).

4\. If I am approved for this program, I understand that it will be my
responsibility to inform employees who may wish to donate annual leave
on my behalf.

5\. Thank you for considering this application.

(NAME)

Attachment

### 

### APPENDIX D. SAMPLE MEMORANDUM TO APPROVED LEAVE RECIPIENT

### VOLUNTARY LEAVE TRANSFER PROGRAM

**DATE:**

**TO:** Name of Applicant

**FROM:** Decision Official

**SUBJ:** Voluntary Leave Transfer Program

1\. I am pleased to inform you that you meet the requirements for
participation in the voluntary leave transfer program and have been
approved as a leave recipient for the period of your medical emergency.

2\. At your discretion, you may inform other employees that you have
been approved as a leave recipient and they may request the transfer of
annual leave to your account to be used in connection with your medical
emergency. Leave donations from employees of other Federal agencies may
be accepted in some circumstances, in accordance with the regulations
governing the program. All donations are voluntary, and the minimum
amount of leave that may be transferred from a donor is four hours or,
for certain title 38 employees, one day. Employees you supervise may not
donate leave to you.

3\. Please contact (Human Resources Management Officer or designee) on
(Telephone Number) in the near future for additional information about
this program and your responsibilities as a leave recipient.

4\. We sincerely hope that this program will be of assistance to you
during your medical emergency.

(Signature)

cc: Human Resources Management Office

########  Payroll

### 

### APPENDIX E. SAMPLE MEMORANDUM OF DISAPPROVAL AS

### LEAVE RECIPIENT/VOLUNTARY LEAVE TRANSFER PROGRAM

**DATE:**

# TO: Name of Applicant

**FROM:** Decision Official

**SUBJ:** Voluntary Leave Transfer Program

1\. We have carefully reviewed your request to become a leave recipient
under the voluntary leave transfer program and the circumstances of your
request. However, based on our evaluation, you do not meet the criteria
established for participation in the program. Specifically, you have not
presented evidence that your medical emergency will require that you be
absent from duty without available paid leave for a least 24 work
hours.\* Therefore, we are unable to approve your request.

2\. You may contact (Name[),]{.underline} [(Title of Human Resources
Management Official]{.underline}), and ([Telephone Number]{.underline})
if you desire additional information related to the program and your
application.

(Signature)

**\*Another example:** The reasons for your absence are not associated
with a medical emergency you or a family member are experiencing.

### 

### APPENDIX F. SAMPLE MEMORANDUM FOR RESTORATION OF

### LEAVE/VOLUNTARY LEAVE TRANSFER PROGRAM

**DATE:**

# TO: Name of Donor

**FROM:** Human Resources Management Officer

**SUBJ:** Restoration of Transferred Annual Leave

1\. You donated annual leave to John Doe to help him during his medical
emergency. Mr. Doe's emergency has ended. Five hours of annual leave
will be restored to you on November 19, 2XXX*.*

2\. Any transferred annual leave remaining to the credit of a leave
recipient when that individual's medical emergency terminates is
restored, in accordance with VA Handbook 5011, part III, chapter 2, and
to the extent administratively feasible, by transfer to the annual leave
accounts of the leave donors who, on the date leave restoration is made,
are employed by a Federal agency and subject to chapter 63 of title 5,
U.S.C. or VA Handbook 5111, part III, chapter 2, as appropriate. The
amount of annual leave to be restored to each leave donor is determined
by the fiscal office in accordance with provisions in the above policy.

3\. If you retire from Federal service, die, or are otherwise separated
from Federal service before the date unused transferred annual leave can
be restored, the unused transferred annual leave will not be restored.

4\. You may elect to have your portion of the unused-transferred annual
leave restored by:

\(a\) crediting the restored annual leave to your annual leave account
in the current leave year;

\(b\) crediting the restored annual leave to your annual leave account
effective as of the first day of the first leave year beginning after
the date of election; or

\(c\) donating such leave in whole or part to another leave recipient.

5\. If you elect to donate only part of your restored leave to another
leave recipient under paragraph 4(c) above, then you may elect to have
the remaining leave credited to your annual leave account under
paragraph 4(a) or (b) above.

6\. Transferred annual leave restored to your account under paragraph
4(a) or (b) above shall be subject to the limitation imposed by 5 U.S.C.
6304(a) for title 5 employees or by VA Handbook 5011, part III, chapter
3, for title 38 employees under the title 38 leave system at the end of
the leave year in which the restored leave is credited to your annual
leave account.

7\. Please indicate your election on the attached memorandum and return
it to the Human Resources Management Office within 2 workdays. Contact
(name of human resources official) on (telephone number) if you would
like to know the names of currently approved leave recipients, or have
any other questions.

(Name)

Attachment

[]{#PtIIIappG .anchor}**APPENDIX G**

**ANNUAL LEAVE ACCRUAL RATE TABLE WITH EXAMPLES**

  ------------------ ----------------- ----------------- -----------------
                     **CATEGORY I**    **CATEGORY II**   **CATEGORY III**

  **Employee Type**  **Accrual Rates   **Accrual Rates   **Accrual Rates
                     for 1 to Less     for 3 Years to    for 15 or More
                     Than 3 Years of   Less Than 15      Years of
                     Service**         years of          Service**
                                       Service**         

  Full-time Title 5  4 hours per pay   6 hours per pay   8 hours (1 day)
  Employees          period            period            per pay period
  ------------------ ----------------- ----------------- -----------------

The examples given below illustrate the application of credit awarded
for \[prior work experience\] or military service. In addition to
establishing proof of eligibility there must be proof that the granting
of such a credit is necessary in order to achieve an agency mission or
performance goal.

[EXAMPLE 1]{.underline}

A newly appointed IT Specialist enters Federal service with a total of 4
years of experience in the IT field. According to her resume and
information submitted on the Verification Form, she was Acting Help Desk
Technician for two of those years. Out of the four years, she is granted
2 years of creditable service because the duties and responsibilities of
that position are directly related to those in the new position. The
employee is initially placed in Leave Category I and earns 4 hours of
annual leave per pay period. Subsequently, upon completion of one
additional year, she will advance to Leave Category II and will earn 6
hours per pay period.

***Note:** In one year, her prior two years of experience (2 years + 1
year = 3 years) will advance her to Leave Category II.*

[EXAMPLE 2]{.underline}

An employee, who has worked as an accountant for "ABC Company," for 12
years, is appointed as an accountant in the Federal Government. Instead
of the accountant accruing annual leave at the rate of 4 hours per pay
period as a new employee, his 12 years of experience as an accountant
will be approved as creditable service, thus allowing him to begin
accruing annual leave at a rate of 6 hours per pay period under Leave
Category II.

***Note:*** *In three years, his prior 12 years of experience (12
Years + 3 Years = 15 years) will advance him to Leave Category III.*

[EXAMPLE 3]{.underline}

A military retiree with an honorable discharge and who served in an
active duty, uniformed service for 27 years, has been appointed to the
position of Employee Relations Manager. He was an HR Specialist for 10
years and an HR Lead Specialist in Employee Relations for 17 years. The
Selecting Official at the facility, where he has applied for the
position, has certified that the military retiree has 15 years and 5
months of credible service. He will be placed in leave Category III and
will accrue 8 hours of annual leave each pay period.

N*ote: Even though he is newly appointed to Federal Service, the credit
he receives for his prior \[work*

*experience acquired during his military\] service places him in Leave
Category III.*

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