# Presentation: 288068

## Managing Leave Problems

- Presented by
- Sharon S. Burks
- and
- Deborah Y. McKissick
- February 2005

**Notes:**
Debra

## Objectives

- Gain working knowledge of the mandatory and discretionary considerations of leave
- Ensure managers are familiar with agency policy and labor agreement provisions covering leave

**Notes:**
Debra 

## Objectives

- Enable managers to make appropriate leave decisions
- Provide tools for managers to deal with employees who abuse leave

**Notes:**
Debra

## Manager’s Responsibility

- Administer leave in compliance with applicable laws and regulations
- Advise employees on leave matters
- Approve or disapprove leave
- Assure that absences are properly charged

**Notes:**
Debra 
Absences properly charged:
Employee does not get paid for a holiday if the employee was in either status on the workdays both immediately before and after the holiday

Annual, sick, and LWOP normally may not be charged without employee’s consent b/c depending on circumstances, such charge w/o consent may constitute an adverse action

## Manager’s Responsibility

- Establish appropriate measures to control absenteeism and tardiness
- Identify abuse of leave and take corrective action

**Notes:**
Debra  - Assure use/lose is scheduled

## Manager’s Responsibility

- Request interpretation of agency guidelines and advice on leave problems as needed
- Assure effective scheduling of annual leave for employees

**Notes:**
Debra Assure use/lose is scheduled

## Basic Rules

- An employee has the right to
-    take earned leave if she/he** **
-    _meets _requirements and obtains management’s approval.

**Notes:**
Debra

## Basic Rules

- Management has the** **_right_** **to
-    determine when the leave will be
-    taken and the right to deny leave
-    if not administratively feasible.

**Notes:**
Debra

## Categories of Leave

- Court Leave
- Religious Leave
- Funeral Leave
- Military Leave
- Excused Absences (Administrative Leave)

**Notes:**
Deborah 
Leave program must be administered on a uniform and equitable basis within the scope of laws and FAA policies

Annual leave – in advance, can be charged in 15 minute increments; advance only what employee would accrue within the leave year

Sick leave – charged in 15 minute increments; can be denied for substitution of annual leave unless sickness occurs within period of annual leave
 Must provide medical certificate for absences > 3 work days
 Employee not entitled to advanced sick leave; use is limited to serious disability or ailment; may not exceed 240 hours
Can ask nature of incapacitation to determine leave approval 

## Categories of Leave

- Holidays
- Annual Leave
- Sick Leave
- Leave Without Pay (LWOP)
- Absence Without Leave (AWOL)

## Family-Friendly Leave Programs

- Family and Medical Leave Act (FMLA)
- Voluntary Leave Transfer Program (VLTP)
- Emergency Leave Donor
-    Program (ELTP)

**Notes:**
Deborah
We are going to talk a few minutes about 5 policies that govern “family friendly” leave very briefly, just to provide you the framework of these policies and the impact they may have when you as a manager or supervisor are looking at leave abuse. There’s Family and Medical Leave Act (FMLA), Sick Leave for Family Care, Sick Leave for Adoption and Leave for Bone Marrow or Organ Donation.

## Approving Officials

- In most cases, the employee’s
-    manager may approve leave
- Review your organization, region, center, or facility’s  delegation of authority

**Notes:**
Deborah

## COURT LEAVE

- Employee must provide copy of summons/call to jury duty

**Notes:**
Deborah
Court leave is an authorized absence with pay when serving as a juror, or
summoned as a witness on behalf of any party in connection with a judicial proceeding to which the US, District of Columbia, State or local government is a party

## Religious Leave

- Employees _must_ be permitted to work alternative work hours to meet religious obligations.

**Notes:**
Deborah
Employee must submit a written request for an adjusted work schedule in advance. 
An employee should specifically state that the request for an adjusted work schedule is for religious purposes.
Managers may determine whether the alternative work hours will be scheduled before or after the religious observance.
Managers should not make any judgment about the employee’s religious beliefs or affiliation with a religious organization.
An employee’s request for time off should be granted while simultaneously scheduling the hours when the employee will work to make up the time.
If an employee is absent when scheduled to work to make up time used for a religious observance, the employee must take paid leave, request leave without pay, or be charged absent without leave, if appropriate.
Overtime pay provisions do not apply to employees who work alternative  work hours because of religious observance, even if an employee voluntarily works in excess of 40 hours per week or 8 hours per day for this purpose. 

## Funeral Leave

- Managers may approve leave for employees to arrange, attend funeral or memorial service for immediate relative who dies from wound, disease, or
-    injury as member in armed forces
-    in combat zone.

## Funeral Leave

- Managers may grant leave
- not to exceed 3 workdays without
-    loss of any entitled benefits
- usually consecutive, if not, must be justified.

## Military Leave

- Members of National Guard or a Reserve unit can accrue:
- 15 calendar days (120 hours) _per fiscal year_ for active duty, active duty training, inactive duty training, or funeral honors duty.

**Notes:**
Deborah
Full-time or part-time employees, serving on permanent appointments or temporary appointments for more than one year, are eligible for military leave.

A maximum of 15 days can be carried over into the next fiscal year.

Employees not eligible for military leave
Part-time employees who do not have an established regular tour of duty, and
Temporary employees whose appointments are not-to-exceed one year or less.

## Military Leave

- Employees may also be granted additional 22 workdays _in a calendar year_ to enforce the law or to support civil authorities in the protection of life or property or prevention of injury, or in support of a contingency operation.

**Notes:**
Deborah
Military pay earned during this period will be offset against civilian pay unless the employee chooses to use annual leave.

## Military Leave

- Employees activated for active service to support global war on terrorism, are granted 5 workdays (40 hours) of excused absence, upon notification to their manager of their intent to return to FAA.  Effective Nov 14, 2003.

**Notes:**
Deborah
•	The time should be mutually agreeable to the manager and the employee.

## Excused Absences

- Excused absences may be granted for
- Hazardous weather conditions
- Blood donation
- Voting
- Tardiness and brief absences

**Notes:**
Deborah
Excused absences are also known as administrative leave.  See Order 3600.4, paragraph 71 for complete list for excused absence of individual employees.  See paragraph 72 for complete list of situations applicable for excused absences for groups of employees.

Hazardous weather conditions

Blood Donation

Voting

Tardiness and brief absences

## Excused Absences

- Employees on leave or on scheduled regular day off (RDO) are charged
-    leave (e.g. annual, sick or LWOP)
-    when excused absences are granted for early dismissals.

**Notes:**
Deborah

## Excused Absences

- Excused absences may be granted for:
-  Blood Donation – up to 7 days or
- Organ or Bone Marrow Donation – up
-    to 30 days each calendar year

**Notes:**
Deborah
Annual or sick leave may be used if additional time is needed

## Holidays

- Under regular and compressed work schedules
- Regular work schedule, 8-hour day
- Compressed work schedules –
-    4/10 or 4/5/9

**Notes:**
Deborah
Under regular and compressed work schedules are charged their  actual tour of duty hours on a holiday

## Holidays

- Under flexible work schedules
- 8 hours on a holiday

**Notes:**
Deborah
The employee achieves a biweekly 80-hour total either by using leave or  rearranging his/her work schedule

## Participants’ Questions

## Annual Leave

- Annual leave is paid absence for
- a vacation for rest and relaxation
- time off for personal business
- time off for emergencies
- income pending approval of disability
-        retirement

**Notes:**
Deborah
Annual leave is not granted immediately prior to separation, when it is known that the employee will terminate service upon expiration of leave

Employees must schedule annual leave in a timely manner to avoid forfeiture
Employees are not entitled to restoration of forfeited annual leave after making a conscious decision not to request or use annual leave

The manager must obtain from the employee a written statement, stating he or she understands that failure to schedule and/or use annual leave will result in the forfeiture of annual leave at the end of the leave year, with no right of restoration
Exceptions
Granting leave pending disability retirement decision from OPM
Granting leave prior to RIF separation
Managers must ensure that employees plan and schedule annual leave throughout the leave year to avoid forfeiture of leave

## Advance Annual Leave

- Approving officials may grant advance annual leave consistent with FAA policy

**Notes:**
Deborah
The amount of advance leave may not exceed the amount expected to accrue in the remainder of the leave year
Employee is required to refund the amount of unearned leave to which he/she is indebted

## Advance Annual Leave

- Refunds are not required if employee no longer works for the agency due to
- Death or Disability
- Retirement disability
- Entrance on active military duty with restoration rights

**Notes:**
Deborah

## Restoration of Annual Leave

- Forfeited annual leave may be restored if the leave was lost because of
- exigency of the public business
- sickness of the employee
- administrative error

**Notes:**
Deborah
Explain the 3 conditions
Annual leave is restored in a separate leave account.  Restored leave must be used within two years .

## Restoration of Annual Leave

- Annual leave must be scheduled and approved by the beginning of the 23rd pay period

**Notes:**
Deborah
Employees should not wait until the 23rd pay period to schedule annual leave.

## Participants’ Questions

## Sick Leave

- Full time employees earn 104 hours (13 days) of sick leave per leave year

**Notes:**
Deborah
There is no limitation on the total accumulation of sick leave.  Part-time employees earn 1 hour for every 20 hours in a pay status.
Personal sick leave may be used when employees are incapacitated by illness/injury receive medical, dental, or optical exam or treatment, or would risk health of coworkers due to exposure of communicable disease.
Sick leave is approved by first-line manager
must be requested in advance for prearranged appointments employee must notify manager as soon as practicable for emergency.  A medical certificate may be required after 3 days

## Advance Sick Leave

-  Up to 240 hours (30 days) may be advanced for personal sick leave
- Up to 40 hours (5 days) may be advanced for family care or bereavement purposes

**Notes:**
Deborah
Advanced sick leave may be granted each leave year, when an employee is expected to return to work

Generally, employees may use 40 hours (5 days) of sick leave for family care or bereavement purposes each leave year.  An employee must maintain an 80-hour sick leave balance at all times.  

## Sick Leave for Family Care

- Most employees may use _up to a maximum_ of 480 hours (12 work weeks) of sick leave to care for a family member with a “serious health condition.”

**Notes:**
Deborah
If the employee has used 40 hours for family care or bereavement purposes, it must be reduced from the 12 workweeks available to the employee.

## Sick Leave for Family Care

- The definition of “serious health condition” is the same as used in the Family and Medical Leave Act

**Notes:**
Deborah
Define serious health condition.

## Sick Leave for Adoption

- Unlimited sick leave may be used for purposes related to adoption of a child

**Notes:**
Deborah
appointments with adoption agencies, social workers, and attorneys court proceedings, required travel
Bonding with child is not included unless order by court

## Participants’ Questions

## Unpaid Leave

- AWOL and LWOP
-    are non-pay
-    conditions

## Leave Without Pay

- LWOP results from employee’s request or administrative discretion under certain circumstances
- LWOP does not equate to “suspension” or “furlough”

## Leave Without Pay

- Employee cannot be granted LWOP as a matter of right, with
-      four exceptions:
- Disabled veteran in need of medical treatment
- Military furlough

**Notes:**
Debra
Denial of LWOP may be supported when there is no foreseeable end in sight to the absence and the agency demonstrates that the ongoing absence has resulted in a burden to the agency 

## Leave Without Pay

- 3. Employee invokes entitlement under FMLA
- 4. Employee receiving OWCP payments

**Notes:**
Denial of LWOP may be supported when there is no foreseeable end in sight to the absence and the agency demonstrates that the ongoing absence has resulted in a burden to the agency 

## Absent Without Leave

- AWOL results from manager’s decision NOT to grant any type of leave for a period of absence
- Employee did not receive advanced approval

## Absent Without Leave

- Manager denied sick leave request
- Manager has no facts about the
-    absence, typically unscheduled, and has no choice but to regard as AWOL

## Participants’ Questions

## Family and Medical Leave Act

- Manager must grant leave when employee invokes his or her rights under FMLA

**Notes:**
Debra
Manager may not deny for failure to follow leave procedures.  Manager should bring it up to the Employee.   Burden on agency to inquire whether an employee’s request for leave constitutes a request under FMLA leave; 
 Employee not required to explicitly invoke FMLA (Burge v. Air Force); sufficient if employee makes the agency aware of circumstances that would warrant leave under FMLA
BIGGEST PROBLEM: Intermittent use – employee approved and any time has a “flare up” for migraines, calls for FMLA leave
- FMLA does not provide an employee suffering with a right to “unscheduled and unpredictable” but cumulatively substantial, absences or right to “take unscheduled leave at a moment’s notice for the rest of her career”  Collins v. NTN-Bower Corp – 272 F.3d 1008 (7th Cir. 2001)

##         Family and Medical Leave Act

- Employees may use 12 administrative workweeks (480 hours) of unpaid leave during any 12-month period for specific family and medical needs
- Paid leave (e.g., sick and annual leave)may replace unpaid leave

**Notes:**
Debra
Managers are responsible for tracking use of FMLA (Be particularly cognizant of sporadic use)
Assure medical evidence is current

## Participants’ Questions

## Voluntary Leave Transfer Program (VLTP)

- Managers have the right to approve or disapprove applications for leave recipients or leave donors
- Employee must exhaust all available leave before applying to become recipient in the VLTP

**Notes:**
Debra
The Neighbor helping Neighbor policy – Used as a last resort where as federal employees can donate annual and sick leave to their comrades in medical or family medical emergencies.
Only FAA employees can donate sick leave; consequently employees of FAA cannot donate sick leave outside of the agency or receive sick leave from others outside of the agency.
Denial to use donated leave not unreasonable when there is no foreseeable end in sight to the absence.
	- Employee donated 8 yrs worth of leave
Employees must Exhaust annual and sick leave before applying to become a recipient and some employees don’t understand this policy as they think they may have a leave balance and receive donations – Borrow food story

##       Voluntary Leave Transfer Program (VLTP)

- FAA employees may donate annual leave to Federal employees to use in medical or family medical emergency situations
- Only FAA employees can also donate and receive sick leave to other FAA employees

**Notes:**
Debra
Periodically, updated medical certificates are required to determine continued eligibility

Employee must return unused donated leave on the effective date of the termination of medical emergency

##       Voluntary Leave Transfer Program (VLTP)

- Employees can accrue a maximum
-    of 40 hours of sick leave
-    and 40 hours of annual leave
-    while a VLTP leave recipient

**Notes:**
Deborah
Explain

## Participants’ Questions

## Emergency Leave Transfer Program

- FAA employee may donate leave to an FAA employee adversely affected as a result of September 11, 2001.
- http://www.faa.gov/ahr/policy/hrpm/bulletin/bullet3.cfm

**Notes:**
Deborah
Established Nov 13, 2001 - Under Operation Enduring Freedom or Operation Nobel Eagle, or an emerging disaster that was a result of Sep 11, 2001, FAA employees may donate leave to a current FAA employee who had a family member adversely affected or was personally adversely affected 
May use any donated leave before using accrued leave

FAA employee can donate unused sick leave to a current FAA employee (or family member) who was adversely affected as a direct result of Sep 11th
Are NOT required to exhaust their accrued annual leave or sick leave before getting donated leave
Are NOT required to provide medical certification 

May retroactively substitute donated leave beginning no earlier than Sept. 11, 2001 
Must use this leave for purposes/circumstances resulting from this emergency or to liquidate indebtedness from the emergency 
May use any donated leave before using accrued leave

## Patterns of Leave Use

- Mondays, Fridays or day before or
-    after the end of the regular
-    workweek
- Day before or after holiday or
-     regular day off (RDO)

**Notes:**
Debra

## Patterns of Leave Use

- Day before or after scheduled leave
- On the same weekday repeatedly
- Unscheduled absence almost every pay period
- During periods of high overtime or undesirable work assignments

**Notes:**
Debra

## Patterns of Leave Use

- During a spouse or other family
-    member’s time off, e.g. child’s school
-    vacation
- Frequent absences of 1 or 2 days with no indication of an on-going medical problem

## Patterns of Leave Use 

- During hunting/fishing seasons

**Notes:**
Debra

## Addressing Leave Problems

- Tardiness
- Less than one hour
- Administratively excuse the absence
- Ask the employee to request leave
- Place the employee on AWOL

**Notes:**
Debra
An employee is obligated to report to work regularly and on time.  Now, you and I know that those two things don’t always happen.  Frequent absenteeism and tardiness are probably the two things that managers see the ER staff about regarding potential discipline.
If we’re talking about tardiness less than one hour, a manager can handle it in one of three ways.  Depending on how often this happens will determine how you as a manager or supervisor want to handle it.

## Addressing Leave Problems

- Leave Abuse
- Advise employee about your concerns regarding pattern of attendance
- Expected improvement and continued use of unscheduled leave may result
-    in leave restriction

**Notes:**
Debra
An employee is obligated to report to work regularly and on time.  Now, you and I know that those two things don’t always happen.  Frequent absenteeism and tardiness are probably the two things that managers see the ER staff about regarding potential discipline.
If we’re talking about tardiness less than one hour, a manager can handle it in one of three ways.  Depending on how often this happens will determine how you as a manager or supervisor want to handle it.

## Addressing Leave Problems

- Provide options for resolving problems
- Warn employee that leave will not be automatically approved in the future

**Notes:**
Debra
An employee is obligated to report to work regularly and on time.  Now, you and I know that those two things don’t always happen.  Frequent absenteeism and tardiness are probably the two things that managers see the ER staff about regarding potential discipline.
If we’re talking about tardiness less than one hour, a manager can handle it in one of three ways.  Depending on how often this happens will determine how you as a manager or supervisor want to handle it.

## Addressing Leave Problems

- Informal Counseling
- Referral to Employee Assistance Program (EAP)
- Work Schedule Change
- Leave Restriction
- Formal Discipline

**Notes:**
Debra
Formal discipline 
Start with reprimand for AWOL and/or failure to follow instructions
Suspensions – vary
Removal:  unavailability OR inability to perform essential functions of position.  Even when on approved absence, if agency can show:  1) absences beyond employee’s control; 2) absences continued beyond reasonable period of time and agency warned employee of possible adverse action if employee does not return to work; and 3) agency can show that it needs employee’s services on a regular schedule

## Manager Tips

- Early recognition and intervention
- What is the “real” problem?
- Don’t be afraid to say NO
- Use procedures, regulations, practices and knowledge to benefit management as well as the employee

**Notes:**
Debra

## Manager Tips

- Don’t get personally involved
- Document, document, document

**Notes:**
Debra

## FAA’S Sick Leave Usage

- _Objectives_
- Reduce level by 10% by end
-     of FY05
- Match Federal-wide average of 55
-     hours per person by end of FY05

**Notes:**
Debra

## FAA’S Sick Leave Usage

- _Avenues to Meet Objectives_
- Scrutinize Use of Leave
- Look Closely at Sporadic Sick Leave Use
- Use Sick Leave Intervention Techniques

**Notes:**
Debra

## Handy Tools For the Future

- Sample Leave Restriction Letter
- Manager’s Checklist
- Questions for Manager’s regarding Employee’s Leave Usage
- Leave Matrix
- Family Friendly Leave Matrix
- Sick Leave Intervention Document

**Notes:**
Debra
We have 15-30 minutes for questions.  Who has the first question?

Who has the next question?

We only have time for one more question...who has the FINAL question?

No questions – “A question past audiences have had is...”  OR “One of the most frequently asked questions is...”  
Smoke breaks – what to do?
If I charge someone AWOL, do I have to take disciplinary action?
Can someone work through their lunch and leave 30 minutes early?

## Resources

- Available on FAA AHR website at:
- _http://www.faa.gov/ahr/policy/index.cfm_
- FAA Order 3600.4, Absence and Leave
- FAA Order 3600.6, Work Weeks and Hours of Duty

**Notes:**
Debra

We have 15-30 minutes for questions.  Who has the first question? Who has the next question?

We only have time for one more question...who has the FINAL question?

No questions – “A question past audiences have had is...”  OR “One of the most frequently asked questions is...”  
Smoke breaks – what to do?
If I charge someone AWOL, do I have to take disciplinary action?
Can someone work through their lunch and leave 30 minutes early?

##  Resources  cont’

- Available on FAA AHR website at:
- _http://www.faa.gov/ahr/leave.cfm_
- Voluntary Leave Transfer Program Guide and Forms

**Notes:**
We have 15-30 minutes for questions.  Who has the first question?

Who has the next question?

We only have time for one more question...who has the FINAL question?

No questions – “A question past audiences have had is...”  OR “One of the most frequently asked questions is...”  
Smoke breaks – what to do?
If I charge someone AWOL, do I have to take disciplinary action?
Can someone work through their lunch and leave 30 minutes early?

##  Resources  cont’

- Available on FAA AHR website at:
- _http://www.faa.gov/ahr/policy/index.cfm_
- LWS-8.1, Sick Leave for Personal Medical Needs
- LWS-8.2, Leave Options to Care for a Family Member_[ ](http://www.faa.gov/ahr/leave.cfm)_
- HRPM ER-4.1, Standards of Conduct
- FAPM 2635, Conduct and Discipline

**Notes:**
We have 15-30 minutes for questions.  Who has the first question?

Who has the next question?

We only have time for one more question...who has the FINAL question?

No questions – “A question past audiences have had is...”  OR “One of the most frequently asked questions is...”  
Smoke breaks – what to do?
If I charge someone AWOL, do I have to take disciplinary action?
Can someone work through their lunch and leave 30 minutes early?

## Final Words of Advice

- Make employees aware of the leave policies
- Enforce the rules
- Learn to say “NO”
- Document Everything
- Take timely action

**Notes:**
Deborah – first 3 bulletins
Debra – last 2 bulletins and closing comments