**FFAS Leave Bank Policy**

**Frequently Asked Questions (FAQ's)**

**Introduction**

5 CFR Part 630, Subpart J, Section 630.1001 - 1016, Voluntary Leave Bank
Program, was made permanent legislation on December 29, 1994. This
legislation allows all Federal agencies the discretion of establishing a
Leave Bank, but requires that all Federal agencies operate a Leave
Transfer Program.

**Contents/Index**

1648. The Leave Bank 2

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1.  Enrollment and Membership Information 3

> 3\. Member Contributions and Other Donations 6
>
> 4\. The Leave Bank Board 7
>
> 5\. Becoming a Leave Bank Recipient 8
>
> 6\. Responsibilities of HRD's Leave Bank Coordinators 11
>
> 7\. Receiving and Using Donated Leave 11
>
> 8\. Other Administrative Details 12

**Purpose**

These FAQ's describe Leave Bank policy and procedures and provide
guidance to the Leave Bank Board. For questions about this FAQ document,
contact Susan Brown on (202) 401-0066 or Linda Watkins at (202)
401-0688, TDD (202) 205-9057.

**Page 1**

**FFAS LEAVE BANK FAQ's**

**1. [The Leave Bank]{.underline}**

**a. What is a Leave Bank?**

> A Leave Bank is a pooled fund of donated annual leave. Employees who
> want to join the Bank must make a minimum contribution of annual leave
> during a specified enrollment period. This pooled leave is then
> available to Leave Bank members, who are approved by the Leave Bank
> Board as recipients.

**b. What is the difference between the Leave Bank and Leave Transfer
Programs?**

> The qualifications to be a recipient in either the Leave Bank or the
> Leave Transfer Program are the same, but:
>
> the **Leave Transfer** Program permits employees to donate annual
> leave specifically to an identified recipient
>
> **Note:** See 17-PM, Part 10, Section 1 for more information about the
> Leave Transfer Program.

.

> a **Leave Bank** requires an employee to become a **"member"** of the
> Bank by contributing annual leave during an approved enrollment
> period. A member is then eligible to apply and become an approved
> leave recipient and receive leave from the Bank.

**c. Why do we need a Leave Bank Program in addition to the existing
Leave Transfer Program?**

> Under the Leave Transfer Program, employees whose medical emergency
> resulted in a period of unpaid absence had to rely solely on friends
> and co-workers to donate annual leave. In some cases, a recipient is
> new to the Agency and has not established acquaintances or sometimes
> solicitations for donations are unanswered. Under a Leave Bank
> Program, a reserve of leave hours is held in a central Leave Bank and
> available to all Leave Bank members who are approved to be a leave
> recipient.

**d. Can an employee apply to be a recipient in both the Leave Bank and
the Leave Transfer Program?**

> Yes, the Leave Bank Board and HRD will encourage employees to apply as
> a recipient to **both** **programs.**

**Page 2**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**e. Can a recipient, approved by both the Leave Bank and the Leave
Transfer Program, receive leave from both programs simultaneously?**

> Yes.

**2. [Enrollment and Membership Information]{.underline}**

**a. Who is eligible to become a member of FFAS's Leave Bank?**

> The following employees are eligible:
>
> any permanent FT or PT Federal employee working for RMA, FAS, or FSA
> in the Washington, DC area
>
> U.S. citizens working for FAS Overseas
>
> any temporary FT or PT employee in the above locations, who earns
> **annual** and sick leave.

**b.** **When can I enroll and become a member of the Leave Bank or
renew my membership?**

> There will be a minimum of 2 authorized open enrollment periods each
> year as listed below. One will be held in the winter and the other in
> the summer. Each open enrollment period will last at least 30 calendar
> days.
>
> ***Note: Individual Enrollment.*** An *"individual"* enrollment period
> can occur at any time during the leave year, but is restricted to new
> employees or employees returning from an extended absence who work for
> FFAS National Offices or FAS Overseas. These employees will have **30
> calendar days** from their Entry on Duty date or Return to Duty date
> to elect to join the Leave Bank. Employees who join during their
> *individual* enrollment period must contribute the minimum number of
> annual leave hours required for membership during the preceding *open*
> enrollment period, and their Leave Bank coverage begins on their
> enrollment date and continues for the balance of the current leave
> year.

**Page 3**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**c. How do I join and become a member of the Leave Bank?**

> Complete and sign **FFAS-1043**, FFAS Leave Bank Program - Membership
> Application, and FAX to:

Kedra Watts

HRD‑Employee Program Branch

FAX: **202-205-9140.**

**d. How much leave must I contribute to join the Leave Bank?**

> To join the Leave Bank, there will be a minimum **annual leave**
> contribution amount required. The yearly amount will be determined by
> the Leave Bank Board before each *open* enrollment period begins.
>
> **Note:** The contribution amount will be based on the employee's
> annual leave category as follows:
>
> **4 hours** if you have performed less than 3 years of Federal service
>
> **6 hours** if you have performed 3 or more, but less than 15, years
> of Federal service
>
> **8 hours** if you have performed 15 or more years of Federal service.
>
> In the future, the Leave Bank Board may increase or decrease the
> required contribution amount when the balance in the Leave Bank cannot
> meet the needs of its members. Any changes will be scaled
> incrementally based on leave category, but the contribution amount
> will never be less than the above.

**e. What period of time is covered by joining the Leave Bank during the
yearly *open* enrollment period?**

> **One (1) leave year,** which starts with pay period 1 of the upcoming
> leave year and ends with the last pay period of the applicable leave
> year.

**Page 4**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**f. What period of time is covered if I join the Leave Bank?**

> Membership during one of these 2 enrollment periods will **only**
> cover the balance of the current leave year.

**g. Will I need to complete a new enrollment form each year to continue
my Leave Bank membership?**

Yes.

**h. Can I join the Leave Bank or renew my Leave Bank membership if I
currently do not have any annual leave?**

> Yes. An employee may join or renew their Leave Bank membership with
> the understanding that their enrollment contribution will be deducted
> and treated as "advanced annual leave".

**i. When I join the Leave Bank, [when]{.underline} will my membership
contribution be deducted from my annual leave account?**

> The Open Enrollment deductions for membership or renewal of membership
> in the Leave Bank will take place starting in pay period 2 of the new
> LY. Gift donations, use/lose donations or individual enrollment
> deductions will take place when notified by HRD's Leave Bank
> coordinators.

**j. Can I join the Leave Bank if I'm currently an approved leave
recipient in the Leave Transfer Program?**

> Yes.

**k. Would a pre-existing condition prevent me from joining and
receiving a donation from the Leave Bank?**

> No.

**Page 5**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**3. [Membership Contributions and Other Donations]{.underline}**

**a. Can I donate more annual leave than the required contribution
amount during an enrollment period?**

> Yes, but any extra annual leave that is donated is considered a gift
> and **cannot be used** to extend membership beyond the covered leave
> year.

**b. Can I use *restored* annual leave to join the Leave Bank?**

> Yes, you may contribute ***restored*** annual leave to join the Leave
> Bank, but you must join during an authorized "enrollment period".

**c. Can I donate *restored* annual leave that would otherwise be
forfeited?**

> Yes, you may donate ***restored*** annual leave as a gift to the Leave
> Bank at any time during the leave year.

**d. When can I donate my *excess* annual leave?**

> Employees may donate their ***excess*** annual leave starting in
> mid-December and continuing through the end of the leave year.
> *Excess* annual leave may be used to join the Leave Bank or may be
> donated to the Bank as a gift.

**e. Are there limitations as to how much *annual leave* may be donated
during a leave year?**

> Yes, there are limitations based on an employee's leave earnings
> category. There are also limitations on ***excess*** annual leave
> which are based on the number of scheduled work hours the employee has
> left in the leave year. See 17-PM, Part 10, Section 1, subparagraph
> 240 C.

**f. Can exceptions be made to these donor limitations?**

> Yes, the Leave Bank Board can grant exceptions to limitations.

**Page 6**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**g. How can I donate my *excess or restored* annual leave?**

> Complete FFAS-1043, FFAS Leave Bank Program - Donor Application. Be
> sure to check the "*type*" of annual leave being donated, and FAX to
> **Kedra Watts, HRD-EPB at**
>
> **202‑205-9140.**

**4. [The Leave Bank Board]{.underline}**

a\. **What is a Leave Bank Board and what are their responsibilities?**

> The Leave Bank Board is the governing body of the Leave Bank. Board
> members will:

review all leave recipient applications, verify eligibility, and approve
or disapprove the application

determine the amount of Bank leave that will be awarded to an approved
recipient

monitor the leave balance in the Leave Bank throughout the year

establish rules for allocating limited available Bank leave

recommend revisions to Leave Bank policy

work closely with HRD's Leave Bank Coordinators

analyze the Bank's past performance to determine whether it is necessary
to raise or lower the minimum donation required to join the Bank

deal with employees who abuse their Bank privileges.

> **Note:** The Board, FFAS Unions, HRD, and Partnership Councils will
> share the responsibility for publicizing the Leave Bank*.*

**b. How many people serve on a Leave Bank Board?**

> The Leave Bank Board must consist of 3 members, at least 1 of whom
> must represent a labor organization or employee group.

**Page 7**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**c. How long do Bank Board members serve?**

> The Bank Board members will serve for a 2-year period.

d.  How often will the Bank Board meet?

> The Board will be scheduled to meet biweekly, **unless** there are no
> recipient applications to review or decisions to be made. The Board
> will advise HRD's Leave Bank Coordinators of all decisions made during
> their meetings.

**5. [Becoming a Leave Bank Recipient]{.underline}**

**a. Are the qualifications to be a Leave Recipient the
[same]{.underline} for both the Leave Bank and Leave Transfer
Programs?**

> Yes, there must be a **medical emergency** that affects the employee
> or a family member, and there must be a substantial loss of income.

**b. What constitutes "a substantial loss of income"?**

> For a full-time employee, OPM considers a substantial loss of income
> as an absence from work **without available paid leave** of at least
> 24 hours or more. If you are a part-time employee, a substantial loss
> of income is an absence from work without available paid leave, that
> will last at least 30 percent of the number of hours the PT employee
> is scheduled to work in a pay period.
>
> For example, if you are a part-time employee scheduled to work 64
> hours each pay period, then to qualify your absence without paid leave
> must be at least 19 hours or more.

**c. What does the law consider "available paid leave".**

> Accrued (accumulated), restored, or excess annual leave and accrued
> sick leave, but **does not include advanced leave.**

**d. How does the "lack of paid leave" apply to a *personal* medical
emergency?**

> To qualify as a recipient for a ***personal*** medical emergency, all
> available annual and sick leave, as defined in ***"c"*** above, must
> be exhausted or must be exhausted sometime during the medical
> emergency.

**Page 8**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**e. How does the "lack of paid leave" apply to the medical emergency of
a *family* member?**

> To qualify as a recipient because of a medical emergency of a
> ***family*** member is **more complicated**. The employee must have
> exhausted all available annual or restored annual leave and, more
> importantly, they must have exhausted their entitlements to Sick Leave
> for Family Care (SLFC) as described in 17-PM, Part 10, Section 3. See
> subparagraph 293 D for a summary of entitlements under SLFC.

**f. Who is considered a *family* member under the Leave Bank and Leave
Transfer Programs?**

> A family member means:
>
> your spouse and his/her parents
>
> your children, including adopted children, and their spouses
>
> your parents
>
> your brothers, sisters, and their spouses
>
> any individual related by blood or affinity whose close association
> with you is the equivalent of a family relationship.

**g. How do I apply to become a Leave Bank recipient?**

> The employee or someone acting on their behalf shall complete
> FFAS-1046, FFAS Leave Bank Program - Recipient Application, and attach
> acceptable medical documentation. FFAS-1046 must be signed by the
> employee or their designee, then forwarded to the employee's
> supervisor for signature. The completed FFAS-1046, along with the
> medical documentation, must be FAXed to the HRD Leave Bank
> Coordinators at 202-205-9140. The Leave Bank Coordinators will review
> the recipient applications, verify current leave balances, and ensure
> that the medical documentation is attached. The recipient's
> application package will then be forwarded to the Leave Bank Board for
> approval or disapproval.

**h. What information must be included on the medical documentation?**

> The medical documentation must be on letterhead that identifies the
> licenced medical facility or licenced medical practitioner(s). The
> facility or practitioner must include:

the approximate date the medical emergency began or will begin

a diagnosis or prognosis of the medical emergency

**Page 9**

**FFAS Leave Bank Policy--FAQ's (Continued)**

the anticipated duration of the emergency, including recovery period
(number of weeks, months, or whether the medical condition is an
on-going or terminal medical condition)

whether additional therapy or treatment is expected and its frequency
and duration.

> **Note:** If the medical documentation is **not** complete, the
> applicant will be asked to provide additional medical documentation.
> The Leave Bank Board may request a second opinion, but if they do the
> medical charges would be paid for by the Agency.

**i. What if I am unable to complete a recipient application because of
my medical condition?**

> A designee (family member, friend, co-worker, or supervisor) may
> complete FFAS-1046 on your behalf.

**j. If my application is complete, how long will it take the Leave Bank
Board to advise of approval or disapproval?**

> The Leave Bank Board will make every attempt to respond within 10
> workdays of receiving your recipient application from HRD.

**k. What rights does an applicant have if their recipient application
is disapproved?**

> The Leave Bank Board must provide a reason for disapproval. If there
> is medical information missing, the employee may request the Board to
> reconsider their application. A request for reconsideration must be
> filed within 15 workdays of receipt of disapproval and must be
> accompanied by the additional medical documentation. The decision of
> the Leave Bank Board is final.

**l. Is the Leave Bank obligated to disclose the nature of my medical
emergency?**

> One of the important benefits of the Leave Bank Program is that your
> medical documentation and medical condition will be kept in the
> **strictest confidence** by the members of the Leave Bank Board and
> the Leave Bank Coordinators in HRD.
>
> **Note:** If an employee also applies to become a recipient in the
> Leave Transfer Program and does not want the circumstances of their
> medical emergency known, then they must pay close attention to
> AD-1046, item 18 and be sure to "check" the appropriate nondisclosure
> box.

**Page 10**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**6. [Responsibilities of HRD's Leave Bank Coordinators]{.underline}**

x.  What are the responsibilities of the Leave Bank Coordinators?

> HRD's Leave Bank Coordinators will handle "day-to-day" Bank business.
> Their functions include:

maintenance of a Leave Bank member list

biweekly data load of information from the NFC database to the Leave
Bank software

providing the Leave Bank Board with the current information on the
balance in the Leave Bank

notifying members, recipients, and their timekeeper of the actions
needed for the T&A system

> reviewing all recipient applications (FFAS-1046\'s)

advising a Leave Bank member of their approval or nonapproval as a leave
recipient

advising an approved recipient and their timekeeper of the Leave Bank
donation amount

handling data input during open seasons

responding to routine questions from members or prospective members.

a.  Who will process membership contributions and other donations to the
    Leave Bank?

> All donations and membership contributions will be verified and HRD's
> Leave Bank Coordinators will notify the employee and their timekeeper
> of the proper STAR T&A action needed.

**7.** **[Receiving and Using Donated Leave]{.underline}**

t.  What criteria will be used by the Leave Bank Board to determine how
    much leave an approved recipient will receive from the Leave Bank?

> The Leave Bank Board will take into consideration the number of hours
> in the Leave Bank and the number of hours requested by the recipient
> and make a decision.
>
> The Leave Bank currently has a yearly **maximum** donation per
> approved recipient of 160 hours, which in the future can be adjusted
> by the Leave Bank Board.
>
> **Note:** We recommend that qualifying recipients apply to both the
> Leave Transfer Program and the Leave Bank for donations to cover their
> medical emergency.

**Page 11**

**FFAS Leave Bank Policy--FAQ's (Continued)**

b.  **What can donated hours from the Leave Bank be used for?**

> Donated leave hours may only be applied to unpaid leave hours that are
> related to the recipient's approved medical emergency, such as
> surgery, treatment, recovery, follow-up therapy, exams, ongoing
> medical treatment, and care of a family member.

c.  Can donated leave be retroactively applied to advanced annual leave,
    advanced sick leave, or unpaid leave hours that were used before the
    employee's approval as a leave recipient?

> Yes, donated leave can be used to liquidate (that is, pay back)
> advanced annual leave, advanced sick leave, or retroactively
> substituted for LWOP.

d.  Will I receive one lump-sum donation from the Leave Bank
    [after]{.underline} I'm approved as a recipient.

> Yes, the Leave Bank will make one lump-sum donation. The Leave Bank
> Board may change this policy in the future.

**8. [Other Administrative Details]{.underline}**

a.  What are the recipients' responsibilities when their medical
    emergency ends?

> The recipient shall notify the HRD Leave Bank Coordinators in writing
> as soon as their medical emergency ends (FAX 202-205-9140). The Leave
> Bank Coordinators in turn will close the recipient case and notify the
> Leave Bank Board.

**b. What if I'm an approved leave recipient and decide to apply for
disability retirement?**

> When you discuss applying for disability retirement with one of HRD's
> Retirement Counselors, be sure to mention that you are an approved
> leave recipient because leave donations can have a negative impact on
> your entitlements to retroactive pay if you are approved for
> disability retirement.
>
> **Note:** The Leave Bank and the Leave Transfer Program are **not
> substitutes** for someone seeking and qualifying for a *disability
> retirement.*

**Page 12**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**c. As a LB recipient, what happens if I do not use all the hours I'm
donated from the Leave Bank?**

> Any unused hours must be returned to the Leave Bank.

**d. Will employees on "leave restrictions" be allowed to apply and
receive donations from the Leave Bank?**

> The Leave Bank Board will consult with HRD's Employee Relations Branch
> on matters involving an employee on leave restrictions.

**e. Can I donate *sick* leave to the Leave Bank?**

> No, by law, sick leave cannot be donated to a Leave Bank or a
> recipient in the Leave Transfer Program.

**f. Can I change my mind after I've donated leave to the Leave Bank and
request to have my leave returned?**

> No, by law, donations to a Leave Bank or to a Leave Recipient cannot
> be returned to the donor after the donation has been processed by HRD.

**g. What happens to my Leave Bank membership if I resign, retire, or
transfer, etc.?**

> Membership is automatically cancelled when an employee resigns,
> retires, transfers to another Federal position (outside of FFAS),
> dies, is approved for disability retirement, or qualifies for Office
> of Worker's Compensation Program (OWCP) payments. The cancellation is
> effective on the date of action or approval. There are no refunds of
> hours donated to the Leave Bank.

**h. How or when can I cancel my Leave Bank membership?**

> Membership in the Leave Bank is for 1 (one) leave year or the
> remaining portion of a leave year, as applicable. Employees who want
> to cancel or do not wish to renew their Leave Bank membership shall
> either notify HRD's Leave Bank Coordinator in writing, by FAX, or by
> e-mail prior to the end of the LY or may opt not to respond to a
> request for renewal during the winter "open" enrollment period. Their
> membership will be cancelled effective on the last day of the leave
> year.

**Page 13**

**FFAS Leave Bank Policy--FAQ's (Continued)**

**i. Can the Leave Bank Board terminate my recipient status and
membership in the Leave Bank?**

> Yes, the Board can terminate a member's recipient status or membership
> in the Leave Bank for:

fraud, that is, falsifying medical documentation

failure to provide additional medical documentation as requested by the
Leave Bank Board

falsifying time and attendance information

using donated leave for hours unrelated to the medical emergency.

> **Note:** Falsifying or altering any Government or medical document(s)
> can lead to disciplinary action, including suspension from work or
> termination of employment.

7-1-02 **Page 14**