# Presentation: 087679

## Leave Sharing

*EXCUSED ABSENCE*

- Family and Medical Leave

**ANNUAL LEAVE**

- Sick Leave for Adoption

- Military Leave

- Bone Marrow/Organ
- Donation Leave

- Sick Leave for Family Care and Bereavement

- leave without pay

*Court Leave*

## Sick Leave for Family Care or Bereavement

**Most employees can use up to 13 days of sick leave for family care or bereavement purposes.**

## Sick Leave for Family Care or Bereavement

**  ****40 hours (5 days) of sick leave each year for family **
**  ****care or bereavement purposes**

**  ****To use additional sick leave for any  ****    family care purpose, an employee****    must maintain a sick leave ****    balance of at least 80 hours at****    all times.**

## Sick Leave for Family Care or Bereavement

**Definition of a “family member:”**

-   **Spouse and his or her parents**

-  **Children, including adopted children, **
** ****and their spouses**

-  **Parents**

-  **Brothers and sisters and their spouses**

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

## Sick Leave for Family Care or Bereavement

**Physical or mental illness**
**Injury**
**Pregnancy**
**Childbirth**

**You may use sick leave to provide care for a **
**family member who is incapacitated as a result of:**

## Sick Leave for Family Care or Bereavement

** ****To provide care for a family member who is receiving medical, dental, or optical examination or treatment,**

**Or**

**You may use sick leave :**

## SICK LEAVE FOR ADOPTION

**SICK LEAVE FOR ADOPTION**

## 12 Weeks of Sick Leave for Family Care

**Most employees may use up to a maximum of 12 weeks (480 hours) of sick leave to care for a family member with a “serious health condition.”**** **
**  **

## 12 Weeks of Sick Leave for Family Care

-   **  **

**The definition of family member is ****the same as used in sick leave for ****family care or bereavement ****purposes.**
**The definition of serious health ****condition is the same as used in ****the Family and Medical ****Leave Act**

**12 Weeks of Sick Leave for ****Family Care**

## 12 Weeks of Sick Leave for Family Care

-   **  **

**12 Weeks of Sick Leave for ****Family Care**

**Same requirement to maintain sick leave in the employee’s account at all times.**
**-- Employees are entitled to use the first 40 hours (5 days) of sick leave for family care.**
**-- Employees may use additional sick leave if they maintain a sick leave balance of 80 hours.**
** **

## 12 Weeks of Sick Leave for Family Care

**New Policies**
**---  An agency may establish a time periods within which an employee must provide medical documentation.**
**---  An agency may require an employee to provide certification of the need for psychological ****comfort and/or physical care.**

## Interaction with 13 days of Sick Leavefor  Family Care/Bereavement  Purposes

**---- An employee is entitled to a maximum of 12 weeks of sick leave each leave year for all family care purposes.**

**---- The 13 days will be subtracted from the 12 weeks of sick leave.**

## The Family and Medical Leave Act (FMLA)

**Employees may use a total of 12 administrative workweeks of unpaid leave during any 12-month period for specified family and medical needs.**

## The Family and Medical Leave Act (FMLA)

**Purposes for which family and medical leave may be used:**

-   **Birth **
**  ****Adoption**
**  ****Care of a family member with a ****   serious health condition**
**  ****Serious health condition of the employee**

## The Family and Medical Leave Act (FMLA)

**Employee must comply with the notification and medical certification requirements.**
**Employee must be returned to the ****same or equivalent position**

**--Employee may not retroactively invoke entitlement to FMLA leave.**
**--Employee must provide medical certification within 15 days.**

## Interaction of Sick Leave for Family Care With the Family and Medical Leave Act

**An employee may substitute up to 12 weeks of sick leave for FMLA LWOP if he  or she is caring for a spouse, son or daughter, or parent with a serious health condition.**
**An employee may use 12 weeks of sick leave to care for a family member with a serious health condition and then invoke his or her entitlement to FMLA for an additional 12 weeks of unpaid leave to care for a spouse, son or daughter, or parent with a serious health condition.****	**

## Leave Transfer And Leave Bank  Programs

- Allows federal employees to assist other employees who have a personal or family medical emergency and who have exhausted  their own “available paid leave”

## Leave Transfer And Leave Bank  Programs

**To qualify as a leave recipient -- **
**An employee must be affected ****by a medical emergency, **
**The employee must exhaust all available paid leave, and **
**The employee’s absence from duty without available paid leave because of the medical emergency is (or is expected to be) at least 24 hours.**

## Interaction of Sick Leave for Family Care With the Leave Sharing Program

**  ****An employee must exhaust all available sick leave for family care each year before using donated annual leave.**

## Leave for Childbirth

**Sick Leave**
**Birth mother may use sick leave for ****any period of incapacitation resulting ****from pregnancy and childbirth.**
**Birth father may use up to 12 weeks of sick leave to care for the biological mother during pregnancy, childbirth, and recovery.**

## Leave for Childbirth

**Sick Leave**
**Birth parents may use up to 13 days of sick leave to care for the newborn when he or she is ill or for medical appointments.**
**Birth parents may use any remaining sick leave, up to 12 weeks, to care for a child with a serious health condition.**

## Leave for Childbirth

**Annual Leave**
**Birth parents may use annual leave to provide care for or bond with a newborn or for other childcare responsibilities**

## Leave for Childbirth

**FMLA Leave **
**Birth parents may use up to 12 weeks of FMLA LWOP for childbirth and care of the newborn.**
**FMLA LWOP may be used in addition ****to or in combination ****with annual or****sick leave. **

## Leave for Adoption

**Sick Leave**
**Adoptive parents may use sick leave for  purposes related to the adoption of a child.****Adoptive parents may use up to 13 days of sick leave to care for the adopted child when he or she is ill or to take the child for medical appointments.****Adoptive parents may use any remaining sick leave, up to 12 weeks, to care for an adopted  child with a serious health condition.**

## Leave for Adoption

**Annual Leave**
**Adoptive parents may use annual leave to provide care for or bond with an adopted child or for other ****childcare responsibilities.**

## Leave for Adoption

**FMLA Leave**
**Adoptive parents may use up to 12 weeks of FMLA LWOP for adoption and care of the newly adopted child.**
**FMLA LWOP may be used ****in addition to or in combination****with annual or sick leave. **

## Jo Ann PerriniPay and Leave Administration Division(202) 606 -2858E-mail:  payleave@opm.gov

**OPM Website:  www.opm.gov**