2011

Office of Human Resources

US Department of the Interior

March 16, 2012

Absence and Leave Handbook
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Table of Contents

Purpose.............................................................................................................................. 4

Chapter 1 – Definitions....................................................................................................... 4

Chapter 2 – Annual Leave.................................................................................................. 6

2-1 Annual Leave Approval............................................................................................... 6

2-2 Annual Leave Accrual ................................................................................................. 7

2-3 Annual Leave Ceilings ................................................................................................ 7

2-4 Advanced Annual Leave ............................................................................................. 8

2-5 Annual Leave Restoration........................................................................................... 8

2-6 Lump Sum Payment for Annual Leave...................................................................... 10

2-7 Use of Annual Leave to Reach Initial Eligibility for An Immediate Annuity ................ 10

Chapter 3 – Sick Leave.................................................................................................... 11

3-1 Sick Leave for Family Care or Bereavement Purposes............................................. 12

3-2 Unused Sick Leave as Service Credit....................................................................... 13

3-3 Advance Sick Leave ................................................................................................. 13

Chapter 4 – Military Funeral Leave or Funeral Leave ...................................................... 13

Chapter 5 – Military Leave ............................................................................................... 14

Chapter 6 – Military Leave and Federal Employee Health Benefits (FEHB) .................... 14

Chapter 7 – Leave Without Pay (LWOP) ......................................................................... 14

7-1 LWOP Authorization.................................................................................................. 14

7-2 LWOP Limitations and Exceptions............................................................................ 15

Chapter 8 – Absence Without Official Leave (AWOL)...................................................... 15

Chapter 9 – Family and Medical Leave Act...................................................................... 15

9-1 Eligibility .................................................................................................................... 16

9-2 Military Family Leave Entitlements............................................................................ 16

9-3 Active Military Duty FMLA......................................................................................... 17

Chapter 10 – Voluntary Leave Transfer Program............................................................. 18

10-1 VLTP Definitions ..................................................................................................... 19

10-2 Leave Recipient Qualifications................................................................................ 19

10-3 Leave Recipient Application.................................................................................... 19

10-4 Leave Application Review....................................................................................... 20

10-5 VLTP Applicant Responsibilities ............................................................................. 20

10-6 Supervisor of Applicant Responsibilities under VLTP ............................................. 21

10-7 Leave Share Coordinator Responsibilities .............................................................. 22

10-8 Veteran Participation............................................................................................... 22

10-9 Use of Donated Annual Leave ................................................................................ 22

10-10 Application to Become a Leave Donor.................................................................. 23

10-11 Limitations on Donations of Annual Leave ............................................................ 23

10-12 Transfer of Annual Leave...................................................................................... 24

10-13 Donation Solicitation ............................................................................................. 24

10-14 Termination of Medical Emergency....................................................................... 25

10-15 Bureau/Office Termination of Applicant’s Enrollment in the VLTP Program.......... 25

Chapter 11 – Excused Absences ..................................................................................... 26

11-1 Blood Donation ....................................................................................................... 26

11-2 Bone Marrow and Organ Donation.......................................................................... 26

11-3 Voting and Registration........................................................................................... 26
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11-4 Employees Returning from Active Duty................................................................... 27

11-5 Health and Fitness Activities ................................................................................... 27

11-6 Court Leave ............................................................................................................ 28

11-7 Excused Absence for Employee Assistance Program (EAP).................................. 29

Chapter 12 – Administrative Leave .................................................................................. 29

12-1 Compensation While on Administrative Leave........................................................ 29

12-2 Administrative Leave Considerations...................................................................... 29

12-3 Employee Notification ............................................................................................. 30

12-4 Independent Criminal Review ................................................................................. 31

Chapter 13 – Home Leave ............................................................................................... 31

Appendix 1: Voluntary Leave Transfer Program Forms ................................................... 32

Appendix 2: Medical Release Form for VLTP .................................................................. 33

Appendix 3: Sample Voluntary Leave Transfer Announcement Memo ............................ 34 
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Purpose

The purpose of the Absence and Leave Departmental Handbook is to set Departmental 

absence and leave procedures based upon leave laws, regulations of the Office of Personnel 

Management and Comptroller General Decisions. The Absence and Leave Departmental 

Handbook will be an accompanying volume to DM 370 Chapter 630: Absence and Leave. 

Where labor contracts exist, Bureaus and Offices are cautioned to follow negotiated collective 

bargaining agreements regarding topics covered in this Handbook.

Chapter 1. Definitions

Absence without official leave (AWOL). A period of absence without pay for which an 

employee did not obtain prior approval and the absence is not subsequently approved.

Accrued Leave. Leave an employee earns during the current leave year that is unused at 

any given time in that leave year.

Accumulated Leave. Unused leave remaining to the credit of an employee at the end of a 

leave year.

Advanced Leave. Annual or sick leave hours granted for use prior to being earned.

Approving Official. A supervisor or manager who has the delegated authority to approve 

leave or take other personnel action.

Committed Relationship. One in which the employee, and the domestic partner of the 

employee are each other’s sole domestic partner (and are not married to or domestic 

partners with anyone else); and share responsibility for a significant measure of each other’s 

common welfare and financial obligations. This includes, but is not limited to, a relationship 

between two individuals of the same or opposite sex that is granted legal recognition by a 

State or by the District of Columbia as a marriage or analogous relationship (including, but 

not limited to, a civil union).

Covered Active Duty. In the case of a member of a regular component of the Armed 

Forces, duty during the deployment of the member with the Armed Forces to a foreign 

country; and in the case of a member of a reserve component of the Armed Forces, duty 

during the deployment of the member with the Armed Forces to a foreign country under a call 

or order to active duty under a provision of law referred to in section 101(a) (13) (B) of title 10, 

United States Code. (29 USCS § 2611)

Covered Service member. (1) a member of the Armed Forces, including a member of the 

National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, 

is otherwise in an outpatient status, or is otherwise on the temporary disability retired list, for 

a serious injury or illness; or (2) a veteran who is undergoing medical treatment, recuperation, 

or therapy, for a serious injury or illness and who was a member of the Armed Forces 
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(including a member of the National Guard or Reserves) at any time during the period of 5 

years preceding the date on which the veteran undergoes that medical treatment, 

recuperation, or therapy.

Domestic Partner. An individual who is in a committed relationship with a Department of the 

Interior employee. Partners may be the same or opposite gender. (See Committed 

Relationship) 

Emergency Employee. An employee who occupies a position that has been determined by 

management to be a critical job vital to public health, safety, welfare, national defense, or the 

operation of essential facilities or functions. 

Exigency of the public business. An exigency of the public business may be said to exist 

when circumstances are beyond the control of the employee(s) affected, and the exigency 

could not have been reasonably anticipated. A sudden call to jury duty or military duty or a 

project’s becoming suddenly visible politically or reaching a critical stage at the end of the 

year are examples of an exigency of the public business. If other employees can be 

substituted for those who forfeit leave, an exigency does not exist.

Excused Absence. An approved absence from duty without loss of pay and without charge 

to an employee’s leave.

Family Member. (Definition applies for sick leave, funeral leave, voluntary leave transfer, 

military family leave and emergency leave transfer.)

An individual with any of the following relationship to the employee:

Spouse and parents thereof;

Sons and daughters, and spouses thereof;

Parents, and spouses, thereof;

Brothers and sisters, and spouses thereof;

Grandparents and grandchildren, and spouses thereof;

Domestic partner and parents thereof, including domestic partners of any individual in 

paragraphs (2) through (5) of this definition; and

Any individual related by blood or affinity whose close association with the employee is 

the equivalent of a family relationship.

Family Member. (Definition applies to the Family Medical Leave Act (FMLA)). An individual 

with any of the following relationship to the employee:

Spouse (husband or wife pursuant to a marriage that is a legal union between one 

man and one woman, including common law marriage between one man and one 

woman in states where it is recognized);

Children (including adopted or foster children, stepchildren or a legal ward); and

Parents.
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Family Medical Leave Act (FMLA). The FMLA entitles eligible employees to take unpaid, 

job-protected leave for the birth and care of a child, placement for adoption or foster care of a 

child with the employee, care of an immediate family member (spouse, child, parent) who has 

a serious health condition, and/ or the employee's own serious health condition.

Leave Without Pay (LWOP). An approved absence from duty in a non-pay status requested 

by an employee and approved by an appropriate approving official. 

Leave Year. A leave year begins on the first day of the first full biweekly pay period in a 

calendar year. A leave year ends on the last day of the 26th pay period after the leave year 

begins.

Military Funeral Leave. Leave in conjunction with the burial of a military or veteran family 

member. 

Non-pay Status. Any day(s) or hour(s) for which an employee is not entitled to pay. The 

employee is on the agency’s rolls but not in pay status; i.e. employee is on LWOP, AWOL, 

suspension or furlough.

Restored Leave. Annual leave that was previously forfeited because the employee 

exceeded the maximum leave accumulation for carryover into a new leave year, but that has 

now been restored to a restored leave account.

Suspension. The placing of an employee for disciplinary reasons in a temporary status 

without duties and pay.

Unscheduled Leave Policy. A policy that addresses those occasions when the office is 

open for business, but weather or other emergency conditions may require the granting of 

annual leave without prior approval to non-emergency employees. In these instances, an 

official announcement is made and employees will notify their supervisor of their absence.

Chapter 2. Annual Leave

Annual leave is a period of approved absence with pay from official duties intended to allow 

the employee vacation, rest and recreation. Annual leave is also intended for the employee’s 

use in attending to personal or emergency business. Annual leave may not be denied or 

cancelled solely as a disciplinary action.

2-1 Annual Leave Approval

Supervisors have the discretion to decide when and in what amount annual leave may be 

approved. This decision should weigh the needs of the workplace with the desires of the 

employee. The needs of the workplace include workload and/or office coverage. Employees 

may be required to request leave several days to several months in advance of the time they 

wish to take it so that work can be scheduled and the leave plans of other employees 
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coordinated. As plans change, both for the employee and supervisor, leave requests should 

be reviewed and updated. 

Employees are responsible for notifying their supervisor of their leave plans and contacting 

their supervisor as soon as possible if requesting emergency annual leave. If the supervisor 

determines that the needs of the work unit preclude an approval of leave, the supervisor may 

order the employee to report to duty but must have a good business case to do so. 

2-2 Annual Leave Accrual

Annual leave is an employee benefit and accrues automatically. Employees earn annual 

leave each pay period based on years of creditable service. SES members, employees in 

SL/ST positions, and certain employees in “SES equivalent” positions earn 8 hours of annual 

leave each pay period regardless of creditable service. Other employees earn leave as 

outlined in Table 1.

TABLE 1 – LEAVE ACCRUAL RATES (NON-SES, SL, ST)

If Creditable Service** is: Then Accrual Rates per 

Pay Period are:

And Annual Accrual Rates

are:

Less than 3 years 4 hours 13 days 

3 years but less than 15 

years

6 hours plus 4 hours on last 

pay period of leave year

20 days 

15 or more years 8 hours 26 days 

** Note: Certain types of active duty uniformed service MAY be counted as creditable service 

for leave accrual. 

2-3 Annual Leave Ceilings

Non SES, SL and ST employees working in the United States can carry over a maximum of 

240 hours of annual leave into the next leave year. 

These same employees working outside of the United States may carry over 360 hours. 

When an employee leaves an overseas post in which he or she has been eligible for a 

maximum accumulation of 45 days (360 hours) of regular annual leave, the maximum 

amount of regular annual leave that he or she may carry forward into the next leave year 

shall not exceed 360 hours. This maximum accumulation continues as the employee's 

personal leave ceiling for succeeding years until such time as the employee carries a smaller 

accumulation of annual leave from one year to another. At that time, this smaller 

accumulation becomes the employee's new annual leave ceiling, unless this accumulation is 

less than 240 hours in which case, 240 hours becomes the employee’s leave ceiling.

2-4 Advanced Annual Leave
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Normally, annual leave is granted to an employee only after the leave is accrued. However, a 

supervisor may consider granting requests for advanced annual leave upon proper

application when:

The employee is eligible to earn annual leave and the employee is not on leave 

restriction.

The request does not exceed the amount of annual leave that the employee would earn 

during the remainder of the leave year or the remainder of his or her appointment, 

whichever is shorter.

There is reasonable assurance that the employee will return to duty and is not 

contemplating a resignation or retirement.

Advanced annual leave is not an entitlement to the employee. If an employee is indebted for 

advanced annual leave and separates from Federal service, he or she is required to repay 

the agency by refunding the amount of unearned leave or having the agency deduct the 

owed amount from any pay due to the employee. If an employee is indebted for advanced 

annual leave at the beginning of the next leave year, he or she is required to repay the 

agency by refunding the amount of unearned leave or having the agency deduct the owed 

amount from any pay due to the employee. If an employee dies or retires/separates on 

disability, he or she does not have to repay the debt.

2-5 Annual Leave Restoration

Although employees and supervisors should monitor, schedule and use leave throughout the 

year, Employee’s who have excess use or lose annual leave may request restoration of this 

leave into a new leave year when the employee is unable to use the leave due to illness, 

administrative error, an exigency of the public business. Bureau delegations of authority 

identify who may authorize restoration of annual leave. 

Examples of exigency of the public business may include disaster duty, an emergency detail, 

jury service, etc. The operational requirement for denying or canceling leave must be of such 

significance that the employee could not be excused from duty during the period of requested 

leave.

Annual leave which was properly scheduled (or rescheduled) and approved for use before 

the end of the leave year and which must be forfeited because of an illness occurring or 

lasting so late in the leave year that the leave could not be used shall be restored in the 

amount the employee was prevented from using. 

An approving official shall not restore leave forfeited because of illness when:

the employee could have reasonably foreseen the absence which would preclude the use 

of excess annual leave such as planned surgery, therapy or normal maternity cases; and
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the employee neglects to reschedule annual leave not used because of illness; or an 

employee recovers soon enough to use excess annual leave. 

An employee may have an absence recorded as annual leave rather than sick leave but not 

retroactively. 

Employees must submit a written request for restored annual leave to their approving official. 

The request should include the following information: 

A copy of the written request to schedule the leave with the dates and the total number of 

hours scheduled. The leave must have been scheduled in writing prior to pay period 23 of 

the leave year to be eligible for restoration;

In the case of exigency of public business, an explanation from the supervisor explaining 

the reason for denying or canceling the leave and an explanation why the leave could not 

be rescheduled before the end of the leave year. The operational requirement for denying 

or canceling leave must be of such significance that the employee could not be excused 

from duty during the period of requested leave. The supervisor must also identify the 

specific beginning and ending dates of the exigency period during which the employee 

was prevented from using annual leave; 

In the case of illness, a statement from the employee indicating the period of illness and, if 

applicable, the reason the leave could not be rescheduled before the end of the leave 

year; 

In the case of administrative error, an explanation of the error that caused the employee 

to be unable to use the leave; and 

A statement or other verification from the supervisor that the requested amounts of 

restored leave was available as use or lose leave in the employee's leave account at the 

end of the leave year. 

If the approving official approves the written request for restored leave, a memo is sent to the 

appropriate SHRO stating how much leave will be restored. The SHRO will then forward the 

action on to payroll. The payroll office will establish a restored leave account and credit the 

restored leave to that account. 

Restored leave is credited to a separate leave account and must be scheduled and used no 

later than two years after the end of the leave year in which it was restored. Any restored 

leave unused at the expiration of the established time limits is forfeited with no further right to 

restoration.

Employees may also be required to provide a plan that shows how restored leave will be 

used in the coming leave year.

2-6 Lump Sum Payment for Annual Leave
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An employee who is separated from the Federal service for one or more workdays is entitled 

to a lump sum payment for all unused annual leave accrued through the last full pay period 

before separation. Unused annual leave includes leave restored to the employee because of 

an exigency of the public business, illness or administrative error. 

Also entitled to an annual leave lump sum payment is an employee who:

Separates with reemployment rights to accept a position in a public international 

organization and elects not to retain his or her annual leave to his or her credit 

Moves without a break in service to a Federal position not under a leave system or not 

under a system to which annual leave is transferable, including the following:

A position as an intermittent or part-time employee for which there has not been 

established a regular tour of duty during each administrative workweek;

A part-time employee has an established tour of duty

A position as a temporary employee engaged in construction work at an hourly 

rate;

Employment by either the House of Representatives or the Senate; or

A position with a corporation supervised by the Farm Credit Administration when 

any member of the corporation’s board of directors is elected or appointed by a 

private interest;

Is appointed without compensation; 

Is employed on a fee basis; and

Is ordered to active military duty may request an annual leave lump sum payment

2-7 Use of Annual Leave to reach Initial eligibility for an Immediate Annuity 

Public Law 104-208 gives employees who are involuntarily separated through reduction in 

force procedures the right to use accrued annual leave to remain on the agency’s rolls past 

the effective date of the reduction in force separation to achieve initial eligibility for an 

immediate retirement under section 8336, 8412, 8414 and/or continued health benefits 

coverage under section 8905(b).

Chapter 3. Sick Leave
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Sick leave is a period of approved absence with pay from official duties. Most employees 

earn 4 hours of sick leave each pay period, regardless of years of service. Maximum annual 

carryover is unlimited. Sick leave is authorized when an employee:

Is incapacitated for duty as a result of physical or mental illness, injury, pregnancy or 

childbirth;

Receives medical, dental or optical examinations or treatment;

Would endanger the rest of the workforce by being present on the job after exposure to a 

contagious disease as determined by a health care provider or public health authorities;

Makes arrangements necessitated by the death of a family member or arranges for and 

attends the funeral of a family member; 

Provides care for a family member who is incapacitated as a result of physical or mental 

illness, pregnancy, childbirth, or who must be assisted to medical, optical, dental 

examinations or treatments;

Adopts a child;

Participates in a drug or alcohol counseling program, or other counseling program which 

is under the auspices of a licensed practitioner and which has been prescribed as 

treatment by a licensed practitioner; or

Requires time to replace or repair a prosthetic device, or train in the use of an aid, e.g., a 

Seeing Eye dog.

For an absence of more than three workdays or for a lesser period when determined 

necessary by a supervisor, the supervisor may also require a medical certificate or other 

administratively acceptable evidence as to the reason for an absence. An employee must 

provide required evidence within 15 days of the request for evidence. If it is not practicable 

under the particular circumstances to provide the requested evidence or medical certification 

within 15 calendar days after the date requested by the supervisor, despite the employee's 

diligent, good faith efforts, the employee must provide the evidence or medical certification 

within a reasonable period of time under the circumstances involved, but no later than 30 

calendar days after the date the agency requests such documentation. If the employee fails 

to provide required evidence, the employee’s absence may be charged to AWOL. 

3-1 Sick Leave for Family Care or Bereavement Purposes

Federal employees may use a total of up to 480 hours (12 weeks) of sick leave each leave 

year to care for a family member with a serious health condition each leave year. There is no 

limitation on the amount of accrued or accumulated sick leave that an employee can use for 

his or her own personal medical needs. 
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Employees may receive up to 104 hours of sick leave in a calendar year to a full time 

employee forhis or her own medical appointments;

general care for a family member or to accompany a family member to medical 

appointments;

care of a family member who would, as determined by the health authorities, 

jeopardize the health of others by that family member’s presence in the community 

because of exposure to a communicable disease; or

making arrangements necessitated by the death of a family member or to attend the 

funeral of a family member.

Part-time employees and employees with uncommon tours of duty are also covered, and the 

amount of sick leave permitted for family care and bereavement purposes is pro-rated in 

proportion to the average number of hours of work in the employee's scheduled tour of duty 

each week.

Employees may not use sick leave or donated leave to take care of an ill pet. An employee 

must use his or her annual leave or leave without pay for this purpose. 

3-2 Unused Sick Leave as Service Credit

Under the Civil Retirement System unused sick leave is included in the total service credit of 

an employee. The National Defense Authorization Act (HR 2647) was signed by the 

President on October 28, 2009 and allows Federal Employment Retirement System (FERS) 

employees to include unused sick leave in the total service credit of an employee. The credit 

is phased into FERS with a fifty (50) percent credit for those who retire between the effective 

date of the National Defense Authority Act (HR) 2647) and December 31, 2013, and full credit 

for sick leave under FERS for those retiring on or after January 1, 2014.

An employee who has a break in service and returns to Federal service is entitled to re-credit

of his or her sick leave regardless of the date of his or her separation. 

3-3 Advance Sick Leave

A supervisor may advance a maximum of 30 days or 240 hours of sick leave to a full-time

employee for purposes related to the adoption of a child, for family care or bereavement 

purposes, or for a serious health condition of the employee or family member. A supervisor 

may approve sick leave only when supported by evidence that is administratively acceptable. 

When requesting advanced sick leave, medical documentation requirements may apply. The 

supervisor has discretion to grant advanced sick leave to the employee. The procedures for 

advancing annual leave discussed on page 6 and 7 will be followed. 
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Chapter 4. Military Funeral Leave or Funeral Leave

An employee may receive no more than three (3) days of leave to attend the military funeral 

or memorial service of an immediate relative who died as a result of wounds, disease or 

injury which incurred while serving as a member of the armed forces in a combat zone. The 

three (3) days need not be consecutive but if not, the employee shall furnish the approving 

authority satisfactory reasons justifying a grant of Military Funeral leave for nonconsecutive 

days. 

Immediate relative means the following relatives of the deceased member of the armed 

forces: 

 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 deceased 

was such as to have been the equivalent of a family relationship. 

Chapter 5. Military Leave

An employee is entitled to time off at full pay for certain types of active or inactive duty in the 

National Guard or as a Reserve of the Armed Forces. More information about Military Leave 

can be found at: http://www.opm.gov/oca/leave/html/military.asp. 

If the link is unavailable, contact your servicing Human Resource Office for the latest 

guidance. 

Chapter 6. Military Leave and Federal Employee Health Benefits (FEHB)

If an employee enters active duty in one of the uniformed services for more than thirty (30) 

days, that employee may continue their FEHB enrollment for up to twenty-four (24) months. 

They also have the option to elect to terminate their enrollment as of the day before entering 

active duty. 

The employee must meet the following requirements in order to continue their FEHB 

enrollment: 

 be enrolled in an FEHB plan; 

 be a member of a reserve component of the armed forces; 

 be called or ordered to active duty in support of a contingency operation (as defined in 

section 101(a)(13) of title 10 U.S.C.); 
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be placed on leave without pay or separated from service to perform active duty; and

serve on active duty for a period of more than 30 consecutive days.

If the employee terminates their enrollment, their employing office must promptly process a 

Notice of Change in Health Benefits Enrollment (SF 2810) to notify health benefits carrier of 

the termination. 

If an employee continues their enrollment during military service, the Department of the 

Interior will waive the employee share of the FEHB enrollment for the first eighteen (18) 

months of active duty. For the last six (6) months of the twenty-four (24) month period, the 

employee must pay both the employee and the Government shares of the premium. 

Chapter 7. Leave Without Pay

Leave without pay (LWOP) is an approved temporary absence from duty in a non-pay status 

requested by an employee and approved by an appropriate approving official. Extended 

LWOP is a period of LWOP exceeding 30 calendar days and is documented in an 

employee’s Official Personnel Folder. A supervisor cannot place an employee in LWOP 

status without the employee requesting the leave. Employees should be aware that 

extended LWOP affects their entitlement to or eligibility for certain Federal benefits. OPM’s 

chart on their website at: http://www.opm.gov/oca/leave/html/LWOP_eff.asp has more 

information on the effect of Leave without pay on Federal Benefits.

If the link is unavailable, contact your servicing Human Resource Office for the latest 

guidance.

7-1 LWOP Authorization

The authority to grant LWOP to an employee is a matter of administrative discretion, except

for the following situations: 

Disabled veterans are entitled to LWOP, if requested, for medical treatment;

Members of the Armed Forces Reserves and National Guard are entitled to LWOP if 

requested, if the absence is not covered by military leave; and

Employees are entitled up to 12 administrative workweeks of LWOP under the Family and 

Medical Leave Act (FMLA), if supported by administratively acceptable evidence. 

Agencies should document an employee’s use of LWOP to perform duty with the uniformed 

services by processing a personnel action (SF 50) using nature of action “LWOP-US” (nature 

of action code 473). The effective date is the first day the employee begins to leave without 

pay for duty with the uniformed services.
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7-2 LWOP Limitations and Exceptions

LWOP will not ordinarily be approved to enable an employee to engage in other employment. 

However, employees may be granted LWOP in the unusual circumstance where there is a 

reduced need for their services at work and it is expected that they will return to duty. The 

second level supervisor may approve LWOP in this instance. An employee requesting 

LWOP to engage in outside employment must comply with applicable restrictions related to 

employee conduct and should seek advice from his or her agency or Bureau ethics official. 

Chapter 8. Absence without Official Leave

Absence without Official leave (AWOL) is a period of absence without pay when the 

employee did not obtain approval or when a request for leave is denied and the employee 

failed to report to work for a regularly scheduled work period. AWOL is based on the 

supervisor’s determination that no form of leave (annual, sick, LWOP, etc.) has been or 

should be approved for the absence based on existing evidence. AWOL can be converted to 

appropriate leave when a supervisor receives and is satisfied with documentation justifying 

the absence. AWOL is not disciplinary in nature but may be the basis for disciplinary action.

Chapter 9. Family and Medical Leave Act

An employee shall be entitled to a total of 12 administrative workweeks of unpaid leave 

during any 12-month period for one or more of the following reasons:

The birth of a son or daughter of the employee and the care of such son or daughter;

The placement of a son or daughter with the employee for adoption or foster care;

The care of a spouse, son, daughter, or parent of the employee, if such spouse, son, 

daughter, or parent has a serious health condition; or

A serious health condition of the employee that makes the employee unable to perform 

any one or more of the essential functions of his or her position.

Under certain conditions, the employee may use the 12 weeks of FMLA leave intermittently. 

An employee may elect to substitute annual leave, donated annual leave and/or sick leave, 

for LWOP consistent with current laws and OPM regulations 

Note: If an employee chooses to invoke FMLA and use sick leave instead of annual leave or 

LWOP to care for a family member, the employee must follow sick leave regulations. For 

birth of a child, sick leave may only be substituted for the period of the mother’s 

incapacitation or medical appointments. Sick leave may not be used for the purpose of 

bonding with a newborn child.

9-1 Eligibility
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Federal employees who have completed 12 months of federal government service, 

regardless of appointment or pay schedule are eligible under Title II of FMLA. 

Temporary employees or employees who have not completed 12 months of federal 

government service may be eligible under Title I. The Department of Labor has issued 

implementing regulations for Title I at 29 CFR 825.

9-2 Military Family Leave Entitlements

On October 28, 2009, the President signed the National Defense Authorization Act for Fiscal 

Year 2010 (2010 NDAA), Public Law 111-84. Section 565 of the 2010 NDAA amends the 

military family leave entitlements of the Family and Medical Leave Act (FMLA). 

Employees may invoke Military FMLA to take care of a member of the Armed Forces 

(including a member of the National Guard or Reserves), who has sustained a serious injury 

or illness that was incurred by the member in the line of duty on active duty in the Armed 

Forces (or existed before the beginning of the member’s active duty and was aggravated by 

service in the line of duty on active duty in the Armed Forces) and that may render the 

member medically unfit to perform the duties of the member’s office, grade, rank, or rating. 

Employees may also invoke FMLA to take care of a veteran who was a member of the 

Armed Forces (including a member of the National Guard or Reserves) at any time during the 

period 5 years preceding the date on which the veteran undergoes medical treatment, 

recuperation, or therapy for a serious injury or illness that was incurred by the member in the 

line of duty on active duty in the Armed Forces (or existed before the beginning of the 

member’s active duty and was aggravated by service in line of duty on active duty in the 

Armed Forces) and that manifested itself before or after the member became a veteran. 

An employee who is the spouse, son, daughter, parent or next of kin of may receive Family 

and Medical Leave act entitlements. Employees taking care of a service member or a 

veteran who incurred a serious illness or injury incurred in the line of duty while on active duty 

in the Armed Forces may receive up to 26 weeks of FMLA during a single 12-month member 

period to care for the service. 

Note: If the employee invokes regular FMLA, the regular FMLA will be subtracted from the 

Military Family Leave Entitlements. 

9-3 Active Military Duty FMLA

Employees who have a spouse, son, daughter or parent on covered active duty (or has been 

notified of an impended call or order to covered active duty) may receive up to 12 

administrative work weeks of unpaid FMLA leave during any 12 month period for the 

following exigencies:

Short-notice deployment. To address any issue that arises from the fact that a military 

member is notified of an impending call or order to covered active duty 7 or fewer 

calendar days prior to the date of deployment.
17

To attend any official ceremony, program, or event sponsored by the military that is 

related to the covered active duty or call to covered active duty status. 

To attend family support or assistance programs and informational briefings sponsored or 

promoted by the military, military service organizations, or the American Red Cross that 

are related to the covered active duty or call to covered active duty status. 

To arrange for alternative childcare when the covered active duty or call to covered active 

duty status necessitates a change in the existing childcare arrangement for a biological, 

adopted, or foster child, a stepchild, or a legal ward of a military member, or a child for 

whom a military member stands in loco parentis, who is either under age 18, or age 18 or 

older and incapable of self-care because of a mental or physical disability at the time that 

FMLA leave is to commence.

To provide childcare on an urgent, immediate need basis (but not on a routine, regular, or 

everyday basis) when the need to provide such care arises from the covered active duty 

or call to covered active duty for a biological, adopted, or foster child, a stepchild, or a 

legal ward of a military member, or a child for whom a military member stands in loco 

parentis, who is either under age 18, or age 18 or older and incapable of self-care 

because of a mental or physical disability at the time that FMLA leave is to commence.

To enroll in or transfer to a new school or day care facility a biological, adopted, or foster 

child, a stepchild, or a legal ward of the military member, or a child for whom the military 

member stands in loco parentis, who is either under age 18, or age 18 or older and 

incapable of self-care because of a mental or physical disability at the time that FMLA 

leave is to commence, when enrollment or transfer is necessitated by the covered active 

duty or call to covered active duty status.

To attend meetings with staff at a school or a daycare facility, such as meetings with 

school officials regarding disciplinary measures, parent-teacher conferences, or meetings 

with school counselors, for a biological, adopted, or foster child, a stepchild, or a legal 

ward of the military member, or a child for whom the military member stands in loco 

parentis, who is either under age 18, or age 18 or older and incapable of self-care 

because of a mental or physical disability at the time that FMLA leave is to commence, 

when such meetings are necessary due to circumstances arising from the covered active 

duty or call to covered active duty status.

To make or update financial or legal arrangements to address the military member’s 

absence while on covered active duty or call to covered active duty status, such as 

preparing and executing financial and healthcare powers of attorney, transferring bank 

account signature authority, enrolling in the Defense Enrollment Eligibility Reporting 

System obtaining military identification cards, or preparing or updating a will or living trust.

To act as the military member’s representative before a Federal, state, or local agency for 

purposes of obtaining, arranging, or appealing military service benefits while the military 
18

member is on covered active duty or call to covered active duty status, and for a period of 

90 days following the termination of the military member’s covered active duty status.

To attend counseling provided by someone other than a health care provider for oneself; 

for the military member; or for the biological, adopted, or foster child, a stepchild, or a 

legal ward of the military member, or a child for whom the military member stands in loco 

parentis, who is either under age 18, or age 18 or older and incapable of self-care 

because of a mental or physical disability at the time that FMLA leave is to commence; 

provided in all cases that the need for counseling arises from the covered active duty or 

call to covered active duty status.

To spend time with a military member who is on short-term, temporary, rest and 

recuperation leave during the period of deployment.

To attend arrival ceremonies, reintegration briefings and events, and any other official 

ceremony or program sponsored by the military for a period of 90 days following the 

termination of the military member’s covered active duty status.

Chapter 10. Voluntary Leave Transfer Program

The Voluntary Leave Transfer Program (VLTP) provides for transfer of annual leave to 

employees with medical emergencies or employees with family members with medical 

emergencies. 

The program was created to fill a need when an employee does not have enough accrued 

leave to cover an illness/injury or for the interim time pending approval for disability 

retirement. 

VLTP is not meant to be a substitute for disability retirement, and Bureaus/equivalent offices

should provide employees with information about disability retirement if circumstances 

warrant. 

If there is no foreseeable end to an individual’s absence and there is documented hardship to 

the organization, the approving authority may deny the use of leave received through the 

leave transfer program. If there is a documented medical emergency, then the agency has 

the discretion to remove the employee from the VLTP program.

10-1 VLTP Definitions

Employee: has the meaning given to the term in 5 U.S.C. 6301(2), excluding an employee of 

the Government of the District of Columbia.

Leave Donor: is an employee whose written request for transfer of annual leave to the 

annual leave account of a leave recipient is approved by his or her employing agency.
19

Leave Recipient: is a current employee for whom the Servicing Human Resources Office

(SHRO) has approved an application to receive annual leave from the annual leave accounts 

of one or more leave donors.

Medical Emergency: is 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 more than 24 hours 

and will result in a substantial loss of income to the employee because of the unavailability of 

paid leave. 

Paid Leave Status: administrative status of an employee while the employee is using annual 

or sick leave. 

Shared Leave Status: administrative status of an employee while the employee is using 

transferred leave.

10-2 Leave Recipient Qualifications

The recipient must not have any annual leave, restored annual leave or sick leave in order to 

receive and use donated annual leave. 

An employee who is affected by a medical emergency that is likely to result in his/her being 

absent for 24 hours without paid leave may request to become a leave recipient. 

10-3 Leave Recipient Application

If the employee is not capable of making application on his or her own behalf, a personal 

representative of the potential leave recipient may make written application on his or her 

behalf. The request must contain a statement of the reasons why the employee is not 

capable of making the request on his or her own behalf. The OPM 630 application for 

participation in the leave share program must be accompanied by the following information 

concerning the potential leave recipients:

The name, position title and grade or pay level of the potential leave recipient;

The reason transferred leave is needed. This must include a brief description of the 

nature, severity, and anticipated duration of the medical emergency. If it is a recurring 

medical emergency, the approximate frequency of the medical emergency affecting the 

potential leave recipient;

The SHRO will request certification with respect to the medical emergency from his/her 

treating physician to include diagnosis, prognosis, expected duration and ending date of 

the medical emergency, as well as the extent to which the employee must be available to 

care for a family member, if applicable. The applicant will sign a waiver (Appendix 2) 

authorizing the SHRO to obtain this information; 
20

Any additional information required by the SHRO. This could include certification from 

one or more physicians or other appropriate experts. If more than one certification is 

required by the SHRO, the potential leave recipient is not required to pay for the expenses 

associated with obtaining certification from more than one source; 

Authorization to release information to appropriate officials regarding the basis for the 

request. This form is found in Appendix 3 of this document;

Employee’s leave status, including the date when available leave credit is expected to 

expire or has expired;

A statement concerning employees who have made known their intention to voluntarily 

donate leave to the applicant, if approved; and

Copies of OPM Form 71 and written approval of absence by supervisor or other official 

who has authority to approve leave for the applicant.

10-4 Leave Application Review

The potential leave recipient’s SHRO must review a request to determine that the applicant 

qualifies for receipt of donated leave. 

If the application is approved, the SHRO shall notify the leave recipient or whoever made 

application on behalf of the potential leave recipient within 10 work days after the date the 

application was received, that the application has been approved.

If the application is not approved, the SHRO shall notify the leave recipient or whoever made 

application on behalf of the potential leave recipient, within ten (10) work days after the date 

the application was received that the application was not approved and the reasons for 

disapproval. 

10-5 VLTP Applicant Responsibilities:

Initially notify supervisor of medical emergency.

Complete OPM Form 630, provide medical release form and submit to supervisor for 

approval.

Sign a medical release form (Appendix 3) authorizing the VLTP approving official and 

Leave Share Coordinator to receive medical certification documents directly from the 

applicant’s treating physician. 

Keep supervisor and Leave Share Coordinator updated on status of medical emergency 

on a regular basis.
21

Use donated leave only for the purpose for which it was approved.

Notify supervisor and Leave Share Coordinator in writing immediately when the medical 

emergency has ended and terminate participation in the Leave Share Program.

Take steps to terminate participation in the VLTP when the medical emergency has 

ended. Coordinate with the appropriate Leave Share Coordinator.

10-6 Supervisor of Applicant Responsibilities under VLTP

Work with the Employee Relations Specialist and Leave Share Coordinator to ensure that 

the employee is notified of the available options including: disability retirement, telework, 

other leave programs (such as FMLA and LWOP) as well as procedures under the VLTP.

Review OPM Form 630 and attached medical documentation and complete box 17 on the 

form recommending either approval or disapproval of participation in the program.

Ensure that the Leave Share coordinator receives OPM Form 630 and medical 

permission form to Leave Share Coordinator and work with that individual as needed.

Monitor employee’s progress and check periodically to inquire if the medical emergency 

continues to exist.

Ensure that the employee uses donated leave only for the purpose for which it was 

approved.

Take steps to terminate participation in the VLTP when the medical emergency has 

ended. Coordinate with appropriate Leave Share Coordinator about the procedure.

Document efforts made to cover work normally performed by the recipient (i.e. use of 

contractor services, overtime, etc.) to determine the degree the absence impacts the 

agency.

10-7 Leave Share Coordinator Responsibilities:

Provide information to employee, or his/her representative, and supervisors on the 

Voluntary Leave Transfer Program.

Review OPM Form 630 to verify that the requirements for the applicant to become a 

voluntary leave transfer program recipient have been met. 

Receive medical documentation from the medical provider and review the information 

before employee is approved into the program. 
22

If participation in the program is approved, write memorandum to the employee, in 

conjunction with the supervisor, regarding his/her participation in the program. 

Input appropriate information into the payroll system concerning employee’s participation 

in the VLTP

Publicize employee’s need for donated leave, with his/her permission.

Troubleshoot problems with the VLTP for the employee and the supervisor.

Work with supervisor and Employee Relations Specialist as needed to resolve problems.

10-8 Veteran Participation

Veterans who sustained a combat-related disability while serving in the armed forces 

(including the reserves or National Guard) may participate in the Voluntary Leave Transfer 

Program without exhausting their available paid leave. The employee must be going through 

medical treatment for the combat-related disability in order to be eligible for the VLTP 

program. 

10-9 Use of Donated Annual Leave

Donated annual leave may be used only for the purpose of the medical emergency for which 

the leave recipient was approved. The donated annual leave may be substituted retroactively 

for periods of LWOP. It can also be used to liquidate indebtedness for advance annual or 

sick leave granted on or after the date the medical emergency began.

Full time employees approved in a leave recipient status may only accrue up to 40 hours 

of sick leave and up to 40 hours of annual leave in set-aside accounts. These hours of 

accrued leave will be made available to the employee after participation in the program 

has been terminated.

Leave recipients with part-time or uncommon tours of duty are limited to receiving, for any 

given medical emergency, the number of hours they would have been expected to work 

during the year (based on an average of the hours worked in the previous 12 months), 

except for the medical emergency.

10-10 Application to Become a Leave Donor 

A prospective leave donor must submit a completed Voluntary Leave Transfer Program 

Leave Donor Application, OPM 630A if the leave donor is an Interior employee and OPM 

630B if the donor is outside Interior, to the applicant’s leave coordinator. This link is found in 

the memorandum advertising the need for leave donations. 
23

The SHRO reviews the application and ensures that the employee has sufficient leave to 

make the donation; that all limitations have been observed and that the application has been 

completed, signed and dated. 

The applicant’s leave coordinator approves or disapproves the leave donor application and 

sends it to the leave donor’s supervisor. A copy of the approved application is forwarded to 

payroll and the donor’s timekeeper. Bureau/Office procedures may vary, but the SHRO and 

Bureau Leave Coordinator will ensure that the leave is credited and the applicant is receiving 

donated leave. After 90 days, additional medical information will be requested and the leave 

coordinator will review the application to see if the medical emergency still exists.

10-11 Limitations on Donations of Annual Leave

Normally an employee may donate no more than a total of one-half of the amount of annual 

leave he/she would be entitled to accrue during the leave year in which the donation is made 

(including those who have leave subject to forfeiture at the end of the leave year). 

In circumstances where an employee desires to donate annual leave in excess of the limit, 

the SHRO must counsel the employee on the potential impact to his/her leave account. The 

employee must then submit a written request specifying the number of hours they desire to 

donate, and the request must be approved by the donor’s supervisor. The supervisor will 

take into consideration all circumstances surrounding the request, and the approved request 

will be submitted to the SHRO for processing. 

10-12 Transfer of Annual Leave

An employee may donate his or her annual leave to an employee who has been approved to 

participate in the VLTP with the exception that employees may not donate leave to their

supervisor.

The SHRO may accept the transfer of annual leave from leave donors employed by one or 

more other agencies when:

a family member of a leave recipient is employed by another agency and requests the 

transfer of annual leave to the leave recipient; 

in the judgment of the SHRO, the amount of annual leave transferred from leave donors 

employed by the leave recipients employing agency may not be sufficient to meet the 

needs of the leave recipient; or

in the judgment of the SHRO, acceptance of leave transferred from another agency would 

further the purpose of the voluntary leave transfer program.
24

Before accepting the transfer of annual leave from a leave donor of another agency, Payroll 

must be provided with a copy of the OPM 630B signed by the donor’s agency leave transfer 

coordinator showing the amount of annual leave to be credited.

The privacy of leave recipients and donors should be guarded. Communications with either 

group must be kept confidential. No information should be revealed to anyone (including to a 

recipient who wishes to thank donors) who does not have a need to know or to anyone 

without the written and specific permission of the person whose privacy will be broached. 

Individuals granted access must be advised of the requirements of this paragraph by the 

leave transfer coordinator.

10-13 Donation Solicitation

When an employee has been accepted into the program and enrolled for 90 days, the 

employee’s bureau or office VLTP Coordinator may send out a department-wide solicitation 

memo after receiving SHRO approval. 

Bureaus/equivalent offices announce leave donation requests for the first 90 days after a 

leave recipient has been accepted into the program. If after 90 days the recipient is still in 

need of donated leave, the bureau/office VLTP Coordinator may request the Department 

VLTP Coordinator expand the request for donated leave Department-wide. The 

Department’s VLTP Coordinator is the work-life program manager in the Office of Human 

Resources.

The request should include the date that the recipient was accepted into the program and a 

copy of the memo that was distributed to bureau/equivalent office employees. 

If the recipient requires more than 90 days of donated leave, the bureau/equivalent office 

must review the case and determine that the original medical condition still exists and the 

recipient remains qualified for VLTP. This process should be re-evaluated every 90 days of 

the continuing qualified medical condition.

10-14 Termination of Medical Emergency

The medical emergency is terminated at the end of the biweekly pay period in which:

the employee, or the employee’s personal representative, notifies the Department that the 

medical emergency is over;

the leave recipient’s SHRO receives notice that the Office of Personnel Management

(OPM) has approved an application for disability retirement for the leave recipient; or

the recipient’s employment is terminated or death occurs;
25

The date of termination must be input into FPPS at the beginning of the pay period following 

the date of termination. Otherwise, any donations received in the last pay period prior to the 

termination date will be lost. Any unused donated annual leave will be restored to the leave 

donor(s) following the guidelines found in 5 CFR 530.911.

When the medical emergency terminates, no further requests for transfer of annual leave 

may be granted for that particular medical emergency. The donated leave remaining from the 

medical emergency is not to be held pending a future unforeseen emergency situation. If the 

medical emergency has been terminated and the bureau fails to return the leave from the 

employee’s leave account the employee may not use the unused leave for future medical 

emergencies. 

10-15 Bureau/Office Termination of Applicant’s Enrollment in the VLTP Program

An employee may not indefinitely remain in the VLTP solely because a large number of 

annual leave donations have been received. Based on the agency's need to accomplish work 

and the fact that there is no foreseeable end to a medical emergency, management may 

deny the use of donated annual leave regardless of the number of hours donated to an 

employee. This decision must be made in consultation with an Employee Relations 

Specialist, and could result in the employee’s removal from the position or federal service if 

he or she cannot return to work and perform the essential functions of his or her position.

Employees may not remain in the VLTP on a full use basis for more than one year. If there is 

a valid reason that employees need to stay in the program full-time for more than one year; 

the employee may apply for a waiver to the rule to their Bureau/Office HR Leave Coordinator 

who will review the case and grant an extension. 

Employees who require intermittent use of donated leave after the 1-year mark will have their 

cases reviewed every three months to determine if they are eligible to continue their 

participation.

Bureau/Offices have the discretion to remove an employee from the VLTP program if there is 

no foreseeable end in sight to the employee’s absence and/or the employee’s absence is a 

burden to the Bureau/Office. 

Chapter 11. Excused Absences

An excused absence is a period of authorized absence from official duties without loss of pay 

and without charge to an employee’s leave account. 

11-1 Blood Donation

Employees who donate blood to the Red Cross or other recognized blood banks may be 

excused from duty for up to 4 hours.
26

Requests for administrative leave to donate blood will be made at least two days in advance 

of the scheduled appointment. Supervisors will be responsible for determining the availability 

of administrative time for blood donations. The following day, the individual employee will be 

responsible for providing his/her supervisor a certificate certifying that he/she donated blood.

11-2 Bone Marrow and Organ Donation

An employee may use up to 7 days of excused absence each calendar year to serve as a 

bone-marrow donor. An employee also may use up to 30 days of excused absence each 

calendar year to serve as an organ donor. Leave for bone marrow and organ donation is a 

separate category of leave that is in addition to annual and sick leave. 

11-3 Voting and Registration

Employees may be excused for a reasonable time, when practicable to do so without unduly 

interfering with operations, to vote or register in any elections or in referenda on civic matters 

within their community.

Where the polls are not open at least three hours before or after an employee’s regular hours 

of work, the employee may be granted excused absence which will permit reporting for work 

up to three hours after the polls open or leaving work up to three hours before the polls close, 

whichever requires less excused absence.

 

In jurisdictions where registration in person is required and registration cannot be 

accomplished on a non-workday or during non-duty hours, an employee may be granted up 

to a full day of excused absence in order to register.

If an employee’s voting location is beyond normal commuting distance and vote by absentee 

ballot is not permitted, the employee may be granted sufficient time off to make the trip to 

cast his or her ballot. Where more than one day is required to make the trip, time off in 

excess of one day shall be charged to annual leave, accrued compensatory time, or LWOP.

Up to a full day of excused absence may be granted as required for an employee to prepare 

and have certified an absentee ballot, if these activities cannot be accomplished during nonworking hours.

11-4 Employees Returning from Active Duty

Employees returning from military active duty will receive 5 work days of excused absence, 

without charge to leave, upon notification to their employing agencies of their intent to return 

to Federal civilian employment. Agencies may grant this period of excused absence prior to 

the employee's resumption of his duties, or at a time mutually agreeable to the agency and 

the employee, if the employee has already returned to duty. However, employees may not 

“stockpile” this leave to use at a later date. 
27

11-5 Health and Fitness Activities

Employees will use non-duty time to participate in health and fitness activities. Employees 

may use lunch periods as well as time immediately before and after work hours. Supervisors 

are encouraged to accommodate as much as possible employee’s requests for alternate 

work schedules and annual leave in order to participate in health and fitness activities. 

Employees with a physical fitness requirement as a condition of employment may participate 

in health and fitness activities during work hours up to the number of hours set by the 

employee’s bureau. 

In certain limited circumstances, bureaus/offices may exercise their authority to grant short 

periods of excused absences for participation in health and fitness programs. The following 

policy will apply in the use of excused absences:

The activity should be officially sponsored and administered, such as a Federal Fitness 

Day event, or a bureau-sponsored health screening;

The amount of excused leave should be a short period, and the activity for which excused 

absence is granted should be of a specific, fixed duration. Examples of such activities are 

participation in a fitness center orientation or a smoking cessation program consisting of 

several brief class sessions;

An excused absence should not be granted for participating in an activity over an 

extended or indefinite period or for regularly recurring periods;

The bureau official approving the excused absence should ensure that the employee’s

absence will not interfere with the timely and effective performance of bureau work and 

service to the public.

11-6 Court Leave

Court leave is an approved absence from official duties, without loss of or reduction in pay or 

leave, and is provided to an employee who is summoned in connection with a judicial 

proceeding to perform jury duty in a federal, state, or municipal court or to serve as a witness 

in a nonofficial capacity for the United States, the District of Columbia, or a state or local 

government.

Full-time permanent and temporary employees are entitled to court leave. 

Part-time or intermittent employees without a regular tour of duty are not entitled to court 

leave. 

Employees appointed on a part-time or intermittent basis, who have a regularly scheduled 

tour of duty, may be granted court leave for jury duty or witness service performed during his 

or her tour of duty, where the employment covers a protracted period under a continuing, 

established work schedule. 
28

If an employee’s absence is properly chargeable to court leave, he may not elect at the time, 

or at a later day, to have the absence charged to annual leave.

The Department, as an employer, shall not request that an employee be excused from jury 

duty or be granted a deferment from jury duty, except in cases of genuine emergency. 

Excuse from jury duty shall not be requested when a deferment will satisfy the operating 

requirements of the Department. 

In cases of genuine necessity, an employee’s supervisor or his or her designee may write 

directly to the court requesting that the employee be excused from jury duty, or that the jury 

duty be deferred. An employee however, may request exemption from jury duty for 

compelling personal reasons on his or her own initiative.

Court leave shall be granted to an eligible employee for absence during the tour of duty, 

including regularly scheduled overtime, to perform jury duty. Court leave shall be granted 

only for those days and hours an employee would otherwise be in a pay status. 

Since it is mandated by statute that the compensation of an employee shall not be reduced 

because of jury duty, employees granted court leave for jury duty are entitled to the 

compensation they would otherwise have received, including any premium pay and 

differentials (31 Comp. Gen. 173; 23 id. 904).

An employee, whose compensation and leave are protected by law from reduction because

of jury duty, is prohibited from receiving compensation for such service in any court of the 

United States for any period of jury duty for which the employee would have been in a pay 

status in his or her Federal position. The employee generally receives pay from the Court for 

each day served and must reimburse the Department for that amount. The employee can 

keep the amount paid for commuting costs.

11-7 Excused absence for Employee Assistance Program (EAP)

Excused absence may be used when an employee requests counseling under an agency 

Employee Assistance Program (EAP). Individuals who are subsequently referred to private 

counseling will use sick leave, annual leave or leave without pay, whichever is appropriate. 

Please consult the appropriate Bureau/Office EAP policy for further guidance.

Chapter 12. Administrative Leave

The term "Administrative Leave" describes the situation when an employee is temporarily 

relieved of his or her normal responsibilities by their supervisor, continues to receive regular 

pay and benefits, and is normally required to remain away from the work-site during regular 

work hours. Administrative leave is not a category of leave, like sick leave or annual leave, 

but describes a person's work status The placement of an employee on administrative leave 

does not constitute an adverse action, but should only be done in the most exceptional 

situations (i.e., cases involving proposed removals or indefinite suspensions), when all other 
29

options are considered imprudent. Administrative Leave should not be confused with excused 

absence. 

12-1 Compensation While on Administrative Leave

Compensation for administrative leave with pay shall be equal to the employee's base rate of 

pay, and shall not continue beyond the length of the situation for which the leave was 

granted. 

12-2 Administrative Leave Considerations 

Administrative Leave should only be considered in rare instances. An employee should only 

be placed on administrative leave with pay when immediate action must be taken to remove 

an employee from his or her work site because of a disruption; threat to the health and/or 

safety of an employee; person or property entrusted to that employee and no other viable 

options are available. In such limited circumstances, it is permissible to place an employee on 

administrative leave with pay pending a review, investigation or disciplinary proceeding 

surrounding the situation that resulted in the employee being placed on a paid leave of 

absence. 

In most situations where the primary concern is the health or safety of the general work force, 

options may be limited and an administrative leave with pay may be the most appropriate 

option. If, however, the primary concern is the health or safety of a particular individual, or 

group of individuals, a modification of duties, a temporary reassignment to another position or 

another work area or a reassignment to another work shift may suffice to limit access to the 

person(s) whose health or safety may be endangered. Such actions would avoid the need to 

place an individual on administrative leave with pay. 

In situations where the primary concern is the safety of property, it may be possible to 

remove access to government property either through a modification of job duties and 

responsibilities, a temporary reassignment to another position or reassignment to another 

work area so that no property is entrusted to an employee who could adversely affect or 

destroy the property. 

Each situation will differ and will require a case-by-case determination. When an official 

believes that an employee should be placed on Administrative Leave, management must 

consult with the servicing SHRO who will consult with the Office of the Solicitor as 

appropriate. Only bureau/office heads, their deputies, or the Director of the Office of Human 

Resources may authorize the placement of an employee on administrative leave for an 

extended period of time (i.e., beyond 45 days); this authority may not be re-delegated. 

Bureau/Office heads (or their deputies) must coordinate decisions regarding the 

placement/continuation of an employee in an administrative leave status for more than 45 

days with the Director of the Office of Human Resources who will review such decisions for 

the Department and may rescind them if considered inappropriate
30

When an individual is placed on Administrative Leave during an administrative investigation, 

the approval official or designee shall be responsible for monitoring the status of the 

investigation and the length of time that an employee is on administrative leave with pay. 

Monitoring shall be done by the appointing authority or designee at appropriate intervals. 

Please refer to 370 DM 752, dated 2006, 

http://elips.doi.gov/app_DM/act_getfiles.cfm?relnum=3738

If the link is unavailable, contact your servicing Human Resource Office for the latest 

guidance. 

12-3 Employee Notification 

An employee placed on administrative leave with pay pending the completion of an 

investigation shall be notified in writing at the outset of the leave that he or she shall: 

Be in a work-ready status at all times during his/her regularly scheduled hours of work, 

and must be able to report for duty with short notice. If he/she is unable to do so, they 

must request approval of appropriate sick or annual leave. 

 

Stay off of the property of the employing agency during the leave or first call the 

supervisor to make arrangements to conduct business or to otherwise be on the property 

of the employing agency. 

Not hold another job during the hours he or she is normally scheduled for work. If the 

employee works during such hours, he or she will forfeit the administrative leave with pay 

and will be subject to discipline. 

12-4 Independent Criminal Review 

If a review produces evidence sufficient to warrant an independent criminal review or 

investigation, and the health or safety of an employee or any person or property entrusted to 

the employee's care continues to be at issue, the employee may remain on administrative 

leave with pay pending review, investigation or any legal proceedings. 

Chapter 13. Home Leave 

Employees serving outside the United States who meet the requirements of 5 U.S.C. 6304 

(b) for the accumulation of a maximum of 45 days (360 hours) of annual leave are eligible for 

home leave benefits. The rules and regulations governing home leave can be found at 5 CFR 

630.6. 
31

Appendix 1: Voluntary Leave Transfer Program Forms

OPM 630- Application to Become a Leave Recipient under the Voluntary Leave Transfer Program

http://www.opm.gov/FORMS/PDF_FILL/opm630.pdf

OPM 630A-Request to Donate Annual Leave to Leave Recipient under the Voluntary Leave Transfer Program (Within Agency)

http://www.opm.gov/FORMS/PDF_FILL/opm630a.pdf

OPM 630B-Request to Donate Annual Leave to Leave Recipient under the Voluntary Leave Transfer Program (Outside 

Agency)

http://www.opm.gov/FORMS/PDF_FILL/opm630b.pdf

OPM 630 C-Transfer of Leave Records for Leave Recipient Covered by the Voluntary Leave Transfer Program

http://www.opm.gov/FORMS/PDF_FILL/opm630c.pdf

If the above links are unavailable, contact your servicing Human Resource Office for the latest guidance.

Appendix 2: Medical Release Form for VLTP
32

Department of the Interior 

Voluntary Leave Transfer Program 

Healthcare Certification Release Authorization

Employee’s Name: 

I authorize the Bureau/Office Voluntary Leave Transfer Coordinator to contact my treating physician directly to receive medical certification documents supporting my application

to the Voluntary Leave Transfer Program. I understand that failure to sign this document will result in being denied admission to the VLTP Voluntary Leave Transfer Program. 

Physician’s Name: 

Address:

City: State: Zip Code:

Phone Number: Fax Number:

Employee Signature: Date Signed:

THIS AUTHORIZATION WILL NEED TO BE RENEWED NINETY DAYS AFTER THE EMPLOYEE HAS BEEN ACCEPTED INTO THE VOLUNTARY LEAVE TRANSFER 

PROGRAM.
33

Appendix 3: Sample Voluntary Leave Transfer Announcement Memo

TO: All Department of Interior Employees

FROM: XXXXXXX

Bureau VLTP Coordinator or higher official in the appropriate Bureau/office

SUBJECT: Announcement of Opportunity to Donate Annual Leave

The Voluntary Leave Transfer Program allows employees to donate a portion of their annual 

leave to other employees who are experiencing a personal emergency or hardship. This 

memorandum provides information regarding leave share requests for which you may make 

a donation.

Mr. Interior Employee with the ____________________________ has a need for leave 

donations. Mr. Interior Employee is recovering from ___________________. His leave 

balances are not adequate to cover his anticipated absence.

Any interested Department of Interior employee may donate a portion of his or her annual 

leave to_________________The HR Specialist working the case). Employees wishing to do 

so must complete Optional Form 630-A and return it to ______________________ (Include 

the name and address and fax of the the HR Specialist working the case). This form is 

available on The Office of Personnel Management's website. With the use of Adobe Acrobat 

Reader, the form can be completed on-line and printed locally. Use a web browser to go to 

http://www.opm.gov/oca/leave/html/formindx.htm

Donation of leave is a very personal matter. Your participation in the leave transfer program 

is entirely voluntary and will be treated confidentially.

If you have questions, please contact _________________________ at ________ (This 

should be the local VLTP Coordinator handling the case.