ELM 16 - 510

Employee Benefits

Leave

511.23

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5 Employee Benefits

510 Leave

511 General

511.1 Administration Policy

The U.S. Postal Service policy is to administer the leave program on an

equitable basis for all employees, considering (a) the needs of the Postal

Service and (b) the welfare of the individual employee.

511.2 Responsibilities

511.21 Postal Officials

Postal officials:

a. Administer the leave program.

b. Inform employees of their leave balance.

c. Approve or disapprove requests for leave.

d. Record leave in accordance with Handbook F-21,

Time and

Attendance

, or Handbook F-22,

PSDS Time and Attendance

e. Control unscheduled absences (see 511.4).

511.22 Eagan Accounting Service Center

The Eagan Accounting Service Center (ASC):

a. Maintains official leave records.

b. Provides leave data to installation

when employees are being

separated.

511.23 Postal Employees

Postal employees:

a. Request leave by completing Form 3971,

Request for or Notification of

Absence

b. Obtain approval of Form 3971 before taking leave — except in cases of

emergencies.

c. Avoid unnecessary forfeiture of annual leave.

511.3

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511.3 Eligibility

511.31 Covered

Covered by the leave program are:

a. Full-time career employees.

b. Part-time regular career employees.

c. Part-time flexible career employees.

d. To the extent provided in the USPS-NRLCA National Agreement,

temporary employees assigned to rural carrier duties.

Note: Transitional employees are not covered by the leave program, but do

earn leave as specified in their union’s national agreement.

511.32 Not Covered

Not covered by the leave program are:

a. Postmaster relief/leave replacements, noncareer officers in charge, and

other temporary employees except as described in 511.31d above.

b. Casual employees.

c. Individuals who work on a fee or contract basis, such as job cleaners.

511.4 Unscheduled Absence

511.41 Definition

Unscheduled absences

are any absences from work that are not requested

and approved in advance.

511.42 Management Responsibilities

To control unscheduled absences, postal officials:

a. Inform employees of leave regulations.

b. Discuss attendance records with individual employees when warranted.

c. Maintain and review Forms 3972,

Absence Analysis

, and Forms 3971.

511.43 Employee Responsibilities

Employees are expected to maintain their assigned schedule and must make

every effort to avoid unscheduled absences. In addition, employees must

provide acceptable evidence for absences when required.

512 Annual Leave

512.1 General

512.11 Purpose

Annual leave is provided to employees for rest, for recreation, and for

personal and emergency purposes.

Employee Benefits

Leave

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512.12 Definitions

The following definitions apply for the purposes of subchapter 510:

Leave year

— the year beginning with the first day of the first complete

pay period in a calendar year and ending on the day before the first day

of the first complete pay period in the following calendar year.

Accumulated leave

— the total unused leave that remains to the credit

of the employee at the beginning of any leave year.

Current leave

— leave that an employee earns by biweekly pay periods

during the current leave year.

Accrued leave

— leave that is earned but is unused by an employee

during any period during the current leave year.

512.2 Determining Annual Leave Category

512.21 General Policy

Both active military and civilian service, as outlined in 512.22 and 512.23, are

used in computing the years of service that determine an employee’s annual

leave category. Leave credit is not allowed for both civilian and military

service that cover the same period of time. Other service not counted is listed

in 512.24.

512.22 Federal Civilian Service Counted

512.221 Service in the Postal Service

The following prior service in the Postal Service is used in computing the

years of service that determine the annual leave category:

a. Service performed while a career employee of the U.S. Postal Service

or Post Office Department.

b. Time on the rolls during which an employee served as a substitute rural

carrier (not just the dates on which actual service was performed) if the

time is creditable for the federal retirement program applicable to the

employee.

c. If performed before January 1, 1977, time on the rolls as a casual or

temporary employee, or time actually worked as a postmaster

relief/leave replacement in an office other than fourth-class.

d. For postmaster relief/replacement in a fourth-class office, time actually

worked after July 21, 1947, and before January 1, 1977.

512.222 Service in Other Federal Government Organizations, the District of

Columbia, or Gallaudet University

The following service in the federal government, the District of Columbia, or

Gallaudet University, regardless of breaks in service, is used in computing the

years of service that determine the annual leave category:

a. Career, career conditional, and excepted appointment service (without

a “not to exceed” (NTE) date).

b. Seasonal, on-call, or intermittent employment, even though it may be

an “indefinite career appointment,” credited on a “when actually

512.23

Employee Benefits

Leave

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employed” (WAE) basis. For such appointments, no credit for leave is

given for leave without pay (LWOP) periods.

c. Time-limited or temporary appointment service performed prior to

January 1, 1977.

d. VISTA service prior to October 1, 1973.

e. District of Columbia (D.C.) government service only if (a) the person

was employed there prior to October 1, 1987, or, if service in an

appointment by the D.C. government to St. Elizabeth’s Hospital, on

October 1, 1977, and (b) the service is creditable for Civil Service

Retirement System (CSRS) purposes.

512.23 Military Service Counted

512.231 Service of an Employee Not Eligible for Military Retirement Annuity

The following military service is used in computing the years of service that

determine the annual leave category:

a. Periods of active service terminated by honorable discharge or transfer

to inactive reserves under honorable conditions. Active service may be

in the Army, Air Force, Navy, Marine Corps, and/or Coast Guard and

their respective academies.

b. Service performed by employees who are members of the National

Guard Service or Air National Guard Service only during periods of

active duty with the U.S. Army or U.S. Air Force.

c. Service performed by Naval Reserve Officers Training Corps students

during periods of active duty or training duty as members of the Naval

or Marine Corps Reserve.

Note: Veterans Affairs (VA) disability payments for service-connected

injuries or illnesses are not retirement annuities. If a VA disability payment is

received and the employee is not eligible for a military retirement annuity,

512.231 applies. If the employee is eligible for a military retirement annuity,

512.232 applies.

512.232 Service of an Employee Eligible for Military Retirement Annuity

The following military service is used in computing the years of service that

determine the annual leave category:

Full Credit.

Full leave accrual credit for all of active military service is

granted if a military retiree meets one of the following three conditions:

(1) Retirement was based on disability resulting from injury or

disease received in the line of duty as a direct result of armed

conflict.

(2) Retirement was based on disability caused by an instrumentality

of war and incurred in the line of duty during a period of war

defined in 38

United States Code

(U.S.C.) 101 and 301.

(3) On November 30, 1964, the employee was employed in a civilian

office to which the

Annual and Sick Leave Act of 1951 applied

Employee Benefits

Leave

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309

and continues to be employed in a civilian capacity without a

break in civilian service of more than 30 days.

Notes:

(a) A military retiree who as a military reservist or member of

the National Guard was called from civilian employment to

active military duty before November 30, 1964, and after

that date was restored to a civilian position (under 5 U.S.C.

3551) does not meet this condition.

(b) Section 3551 provides only for restoration; therefore, the

employee is not considered as having been on military

furlough or leave of absence from a civilian position or as

having been employed on November 30, 1964, in a civilian

position to which section 6303(a), the former

Annual and

Sick Leave Act

, applied.

Partial Credit.

Military retirees who do not qualify for full leave accrual

credit can qualify for partial credit based on the following:

(1) Service for determining an employee’s leave category is

restricted to the actual length of time in active service in the

armed forces during any war or in any nonwartime campaign or

expedition for which a campaign badge was authorized.

(2) Service in a nonwartime campaign or expedition does

not

entitle

the military retiree to credit for the duration of the campaign or

expedition but only for the period of service in the campaign or

expedition.

Note: Exhibit 512.232a provides data about wars and campaigns

and expeditions for which campaign badges were authorized.

Verification.

Military service should be verified:

(1)

Disability Retirements.

Request verification from the records

center of the appropriate military branch.

(2)

Wartime Service.

Verify from discharge certificates (e.g., DD

Form 214).

(3)

Military Records Center.

Addresses and other data necessary to

verify service are included in Exhibit 512.232b.

(4)

Campaign or Expeditionary Service.

Verify by sending a

completed Standard Form (SF) 813,

Verification of a Military

Retiree’s Service in Nonwartime Campaigns or Expeditions

, to

the appropriate military records center. (See Exhibit 512.232c for

an illustration of SF 813.) This form is not stocked in the material

distribution center; it is to be reproduced locally.

512.232

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Leave

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Exhibit 512.232a (p. 1)

Wars, Campaigns, and Expeditions of the Armed Forces Since 1937

a. Wars

Organizations Participating (indicated by “X” below)

War Inclusive Dates Army Navy

Air

Force

Marine

Corps

Coast

Guard

World War I Apr. 6, 1917 to July 2, 1921

X X — X X

World War II Dec. 7, 1941 to Apr. 28, 1952

X X X X X

b. Nonwar Campaigns and Expeditions Since 1937 for Which a Campaign or Expeditionary Medal Has Been

Awarded.

Organizations Participating (indicated by “X” below)

Campaign or Expedition Inclusive Dates Army Navy

Air

Force

Marine

Corps

Coast

Guard

China Service July 7, 1937 to Sept. 7, 1939 — X — X —

American Defense Service Sept. 8, 1939 to Dec. 7, 1941 X X — X X

Navy Occupation of Trieste May 8, 1945 to Oct. 25, 1954 — X — — X

Army Occupation of Germany

(exclusive of Berlin)

May 9, 1945 to May 5, 1955 X X X — X

Army Occupation of Berlin May 9, 1945 to Oct. 2, 1990 X X X X X

Army Occupation of Austria May 9, 1945 to July 27, 1955 X — X — —

Navy Occupation of Austria May 9, 1945 to Oct. 25, 1955 — X — X —

Units of the Sixth Fleet (Navy) May 9, 1945 to Oct. 25, 1955 — X — — —

China Service Medal (Extended) Sept. 2, 1945 to Apr. 1, 1957 — X — X X

Army Occupation of Japan Sept. 3, 1945 to Apr. 27, 1952 X X X X X

Korean Service June 27, 1950 to July 27, 1954 X X X X X

Vietnam Service Medal (VSM) July 4, 1965 to Mar. 28, 1973 X X X X X

Southwest Asia Service Medal

(Operations Desert Shield and

Desert Storm)

Aug. 2, 1990 to Nov. 30, 1995 X X X X X

Armed Forces Expeditionary

Medal (AFEM) for these

operations:

Lebanon July 1, 1958 to Nov. 1, 1958 and

June 1, 1983 to Dec. 1, 1987

X X X X X

Vietnam (including Thailand) July 1, 1958 to July 3, 1965 X X X X X

Quemoy and Matsu Islands Aug. 23, 1958 to June 1, 1963 X X X X X

Taiwan Straits Aug. 23, 1958 to Jan. 1, 1959 X X X X X

Cuba Oct. 24, 1962 to June 1, 1963 X X X X X

Congo July 14, 1960 to Sept. 1, 1962

and Nov. 23 to 27, 1964

X X X X X

Laos Apr. 19, 1961 to Oct. 7, 1962 X X X X X

Berlin Aug. 14, 1961 to June 1, 1963 X X X X X

Thailand May 16, 1962 to Aug. 10, 1962 X X X X X

Dominican Republic Apr. 28, 1965 to Sept. 21, 1966 X X X X X

Employee Benefits

Leave

512.232

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311

Exhibit 512.232a (p. 2)

Wars, Campaigns, and Expeditions of the Armed Forces Since 1937

Organizations Participating (indicated by “X” below)

Coast

Guard

Marine

Corps

Air

Force

NavyArmyInclusive DatesCampaign or Expedition

Korea Oct. 1, 1966 to June 30, 1974 X X X X X

Cambodia Mar. 29, 1973 to Aug. 15, 1973 X X X X X

Cambodia Evacuation

(Operation Eagle Pull)

Apr. 11, 1975 to Apr. 13, 1975 X X X X X

Vietnam Evacuation

(Operation Frequent Wind)

Apr. 29, 1975 to Apr. 30, 1975 X X X X X

Mayaguez Operation May 15, 1975 X X X X X

Indian Ocean/Iran Nov. 21, 1979 to Oct. 20, 1981 X X X X X

El Salvador Jan. 1, 1981 to Feb. 1, 1992 X X X X X

Grenada

(Operation Urgent Fury)

Oct. 23, 1983 to Nov. 21, 1983 X X X X X

Operations in the Libyan Area

(Operation Eldorado Canyon)

Apr. 12 thru Apr. 17, 1986 X X X X X

Persian Gulf Operation

(Operation Earnest Watch)

(Operation Vigilant Sentinel)

(Operation Southern Watch)

July 24, 1987 to Aug. 1, 1990

Dec. 1, 1995 to Feb. 15, 1997

Dec. 1, 1995 to .........

Panama

(Operation Just Cause)

Dec. 20, 1989 to Jan. 31, 1990 X X X X X

Somalia

(Operation Restore Hope)

Dec. 5, 1992 to Mar. 31, 1995 X X X X X

Haiti

(Operation Uphold Democracy)

Sept. 16, 1994 to Mar. 31, 1995 X X X X X

Bosnia

(Operation Joint Endeavor)

(Operation Joint Guard)

Nov. 20, 1995 to Dec. 20, 1996

Dec. 20, 1996 to .........

Persian Gulf Intercept

Operation

Dec. 1, 1995 to ......... X X X X X

Iraq

(Operation Northern Watch)

Jan. 1, 1997 to ......... X X X X X

Kosovo

Mar. 24, 1999 to ......... X X X X X

Navy Expeditionary Medal and

Marine Corps Expeditionary

Medal for these operations:

Cuba Jan. 3, 1961 to Oct. 23, 1962 — X — X —

Iranian/Yemen/Indian Ocean Dec. 8, 1978 to June 6, 1979 — X — X —

Indian Ocean/Iran Nov. 21, 1979 to Oct. 20, 1981 — X — X —

Panama Apr. 1, 1980 to Dec. 19, 1986 and

Feb. 1, 1990 to June 13, 1990

— X — X —

Lebanon Aug. 20, 1982 to May 31, 1983 — X — X —

Libyan Area Jan. 20, 1986 to June 27, 1986 — X — X —

Persian Gulf Feb. 1, 1987 to July 23, 1987 — X — X —

Liberia

(Operation Sharp Edge)

Aug. 5, 1990 to Feb. 21, 1991 — X — X —

512.232

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Exhibit 512.232a (p. 3)

Wars, Campaigns, and Expeditions of the Armed Forces Since 1937

Organizations Participating (indicated by “X” below)

Coast

Guard

Marine

Corps

Air

Force

NavyArmyInclusive DatesCampaign or Expedition

Rwanda

(Operation Distant Runner)

Apr. 7, 1994 to Apr. 18, 1994 — X — X —

“Wars” include only those armed conflicts for which a declaration of war was issued by Congress. The Title 38, U.S.C.,

definition of “war,” which is used in determining benefits administered by the Department of Veterans Affairs, includes the

Vietnam Era and other armed conflicts. That Title 38 definition is

not

applicable for purposes of granting partial leave credit to

military retirees.

The United States Air Force became a separate branch of the Armed Forces of the United States on September 18, 1947.

July 2, 1921 is the date of a Joint Resolution of the U.S. Congress that terminated the war with Germany and Austria-Hungar

The effective date of the Treaty of Peace with Japan that officially terminated World War II.

On-going campaign or operation through August 2000.

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Leave

512.232

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Exhibit 512.232b (p. 1)

Standard Form 180, Requests Pertaining to Military Records

512.232

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Leave

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Exhibit 512.232b (p. 2)

Standard Form 180, Requests Pertaining to Military Records

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Leave

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Exhibit 512.232c (p. 1)

Standard Form 813, Verification of a Military Retiree’s Service in Nonwartime Campaigns or

Expeditions

512.232

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Exhibit 512.232c (p. 2)

Instructions for Completing Standard Form 813

Instructions for Completing SF 813

NOTE: DO NOT USE THIS FORM FOR PERSONS WHO

ARE NOT MILITARY RETIREES

Use SF 813 only to request verification of a retiree’s military service performed

in a nonwartime campaign or expedition for which badge/medal was autho-

rized, in order to credit such service for leave accrual rate and reduction-in-

force purposes. Complete the address block and items 1 through 9 and submit

the form in duplicate to the appropriate address listed below.

A. To verify campaign/expeditionary service for military retirees of the U.S. Air

Force, U.S. Navy, U.S. Marine Corps, and U.S. Coast Guard, address the

request to:

National Personnel Records Center

(Military Personnel Records)

9700 Page Boulevard

St. Louis, MO 63132-1547

B. To verify campaign/expeditionary service for military retirees of the U.S.

Army, address the request to:

U.S. Army Reserve Components

Personnel and Administration Center

ATTN: DARP–VSE–VC

9700 Page Boulevard

St. Louis, MO 63132-5000

The records center will verify only claimed and unverified nonwartime cam-

paign or expeditionary service. It is the retired member’s responsibility to pro-

vide the names of any nonwartime campaign or expedition in which served.

The records center will not verify service unless specific campaigns/

expeditions and inclusive dates are listed. Service components (e.g., “USAF”)

or medal (e.g., “Vietnam Service Medal’) are not sufficient.

If a follow-up check is necessary, reproduce a copy of the original request and

clearly mark the top of the SF 813,

“Follow-up Request”.

Employee Benefits

Leave

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512.24 Service Not Counted

Credit is not allowed for:

a. Service in a nonpay status in excess of 6 months in a calendar year

unless the employee is in an LWOP status and is (1) receiving Office of

Workers Compensation Programs (OWCP) benefits, (2) serving as a

full-time officer or employee of an employee or management

organization, or (3) on active military service while being carried on

postal rolls in an LWOP status.

b. LWOP periods during indefinite career appointments that are seasonal,

on-call, or intermittent employment.

c. VISTA service after October 1, 1973, Peace Corps, or similar volunteer

service.

d. Tennessee Valley Authority service.

e. Time-limited or temporary service performed on or after January 1,

1977.

f. Service in Army and Air Force Exchange Services (AAFES), Navy and

Coast Guard Exchanges, Army and Air Force Motion Picture Service,

and other organizations under the jurisdiction of the armed forces

conducted for the comfort, pleasure, contentment, and mental and

physical improvement of armed forces personnel.

512.3 Accrual and Crediting

512.31 Employee Categories

512.311 Full-Time Employees

The following provisions concern full-time employees:

Accrual Chart.

Full-time career employees earn annual leave based on

their number of creditable years of service:

Leave

Category

Years of

Creditable

Service

Maximum Leave per Year Rate of Accrual

Hours in

Pay Status

Hours of

Leave Earned

per Period

4 Less than 3

years.

104 hours, or 13 days per

26-period leave year or 4

hours for each biweekly pay

period.

1 hour for each unit of

20 hours pay in status.

4 (max.)

6 3 years but

less than

15 years.

160 hours, or 20 days per

26-period leave year or 6

hours for each full biweekly

pay period.

1 hour for each unit of

13 hours in pay status.

6 (max.)

8 15 years or

more.

208 hours, or 26 days per

26-period leave year or 8

hours for each full biweekly

pay period.

1 hour for each unit of

10 hours in pay status.

8 (max.)

Except that the accrual for the last pay period of the calendar year may be 10 hours, provided the employee

has the 130 creditable hours or more in a pay status in the leave year for leave purposes.

Recording Hours for Annual and Sick Leave

a. Units of hours in a pay status are converted into annual leave credits at the rate of 1 hour for each unit of 20,

13, or 10 hours in a pay status — up to a maximum of 4, 6, or 8 hours per biweekly pay period, depending on

the employee’s leave category.

b. Hours in a pay status in excess of these whole units are accumulated and carried forward as excess

workhours. These excess (uncredited) workhours are added to hours in a pay status in the next period.

c. Whole units of creditable hours (20, 13, or 10) are then converted into leave hours at the unit rate — provided

no more leave is credited to a part-time employee than could be earned in the same leave year by a full-time

employee.

d. The maximum credit allowable for a particular leave category is calculated by multiplying the period number

by the number of leave hours allowable per period.

Employee Benefits

Leave

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512.313 Appointees

The following provisions concern appointees:

Rate of Leave Accrual.

The rate of leave accrual for a new career

employee (whether appointed, reinstated, or transferred)

is determined

promptly as soon as related facts are verified

. It is based on creditable

service, both civilian and military (see 512.2).

Ninety-Day Qualifying Period.

(1)

Requirement.

New employees are not credited with and may not

take annual leave until they complete 90 days of continuous

employment under one or more appointments without a break in

service.

Exception: This requirement does not apply to (a) career (or

career conditional) employees who have had a minimum of 90

days of continuous federal service prior to transferring, without a

break in service, to a Postal Service career position (see 512.812

and 512.91) or (b) substitute rural carriers or RCAs who are in a

leave-earning status and convert to a Postal Service career

position without a break in service.

(2)

Break in Service.

A break in service of 1 or more workdays

breaks the continuity of employment. Any further employment

requires beginning a new 90-day period. (For substitute rural

carriers and RCAs, see 512.552.)

(3)

Active Military Service.

Active military service for an employee

not

entitled to mandatory restoration

is a break in civilian service. The

employee begins a new 90-day qualifying period for leave

purposes.

(4)

Full-Time Employees and A–E Postmasters.

After new

employees complete the 90-day qualifying period, they are

credited with annual leave to be earned during the remainder of

the leave year plus the leave earned during the qualifying period.

(5)

Part-Time Employees Except A–E Postmasters.

After part-time

employees complete the 90-day qualifying period, annual leave

that they have accrued is credited to their accounts.

Partial Pay Period.

(1) Any employee whose appointment is made effective after the first

Monday of a pay period does not receive leave credit for service

performed during that pay period. Part-time employees appointed

in this manner do not have their service hours brought forward for

leave purposes for that pay period.

(2) An employee transferring from an agency having different pay

periods may be given credit for the partial period.

512.32

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512.32 Maximum Carryover

512.321 Maximum Carryover Amounts

The maximum carryover amount, i.e., the maximum amount of previously

accumulated annual leave with which an employee may be credited at the

beginning of a year, is as follows:

Bargaining Unit Employees.

The maximum leave carryover for

bargaining unit employees is 55 days (440 hours).

Executive and Administrative Schedule (EAS) Employees.

The

maximum carryover amount for EAS employees is 70 days (560 hours).

Employees Affected by Public Law 102.

For employees who, on

January 1, 1953 (prior to the passage of Public Law 102), (1) had more

accumulated leave to their credit than the amounts provided above,

and (2) who have maintained balances in excess of those amounts, the

maximum carryover amount is the balances they have maintained.

512.322 Nonbargaining Unit to Bargaining Unit

When a nonbargaining unit employee is permanently assigned to a

bargaining unit position, the employee’s annual leave carryover ceiling is

reduced to the carryover ceiling for that bargaining unit. The employee is

permitted to use the excess annual leave over the bargaining unit ceiling

during the leave year in which the permanent assignment is effective.

512.4 Authorizing Annual Leave

512.41 Requests for Annual Leave

512.411 General

Except for emergencies, annual leave for all employees except postmasters

must be requested on Form 3971 and approved in advance by the

appropriate supervisor. Leave requests from rural carriers must be approved

in accordance with Article 10 of the USPS-NRLCA National Agreement.

512.412 Emergencies

An exception to the advance approval requirement is made for emergencies;

however, in these situations, the employee must notify appropriate postal

authorities of the emergency and the expected duration of the absence as

soon as possible.

When sufficient information is provided to the supervisor to determine that the

absence may be covered by the Family and Medical Leave Act (FMLA), the

supervisor completes a Form 3971 and mails it to the employee’s address of

record along with a Publication 71,

Notice for Employees Requesting Leave

for Conditions Covered by Family and Medical Leave Policies.

When the supervisor is not provided enough information in advance of the

absence to determine that the absence is covered by FMLA, the employee

must submit Form 3971 and applicable medical or other certification upon

returning to duty and explain the reason for the emergency to his or her

supervisor.

Employee Benefits

Leave

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Supervisors approve or disapprove the leave request. When the request is

disapproved, the absence may be recorded as LWOP or absent without leave

(AWOL) at the discretion of the supervisor as outlined in 512.422.

512.42 Form 3971 Request for or Notification of, Absence

512.421 Purpose

Request for annual leave is made in writing, in duplicate, on Form 3971,

Request for or Notification of Absence

512.422 Approval or Disapproval

The supervisor is responsible for approving or disapproving the request for

annual leave by signing Form 3971, a copy of which is given to the

employee. If a supervisor does not approve a request for leave, the

Disapproved block on Form 3971 is checked and the reasons given in writing

in the space provided. When a request is disapproved, the granting of any

alternate type of leave, if any, must be noted along with the reasons for

disapproval. AWOL determinations must be similarly noted.

512.423 Retention and Disposal Period

Forms 3971 are retained by the installation head for 2 years from the date the

leave is taken or disapproved and are then destroyed. (Documents that

become a part of a disciplinary file or administrative proceeding will be

disposed of with that file.)

512.43 Insufficient Leave Balance

If the leave is approved and the employee has an insufficient leave balance, it

is changed to LWOP when the employee’s pay is processed.

512.5 Leave Charge Information

512.51 Full-Time Employees

512.511 Minimum Unit Charge

Minimum unit charges for full-time employees are as follows:

Employee Category

Minimum Unit Charge

a. All full-time nonexempt employees. One-hundredth of an hour

(0.01 hour).

b. Full-time exempt. (See 519.7.)

c. Regular rural carriers. 1 day (8 hours).

d. Substitute rural carriers and RCAs when

in a leave-earning status and serving:

(1) Vacant routes. 1 day (8 hours).

(2) Routes from which rural carriers are

on extended leave.

1 day (8 hours).

e. RCAs when in a leave-earning status

and serving auxiliary routes.

1 hour.

f. Auxiliary rural carriers. 1 hour.

g. Triweekly rural carriers. (See 512.54.)

512.512

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512.512 Holidays

Leave cannot be charged for national legal holidays, days designated as

holidays, or absences authorized by administrative order.

512.513 Leave for Postmasters and Installation Heads

These employees must (a) promptly report emergency or planned absences

exceeding 5 working days to their postal managers and (b) maintain accurate

records of their leave.

512.514 Rural Carriers (Regular and Substitute)

See 512.53 and 512.55.

512.52 Part-Time Employees

512.521 Minimum Unit Charge

Minimum unit charges for part-time employees are as follows:

Employee Category Minimum Unit Charge

All part-time nonexempt

employees.

One-hundredth of an hour (0.01 hour).

Part-time exempt employees. (See 519.7.)

512.522 Part-Time Regular

A part-time regular employee who is granted annual leave and performs

service on the same day is not allowed to take more leave hours than would

total 8 hours when combined with workhours.

512.523 Part-Time Flexible

The following provisions concern part-time flexible employees:

a. A part-time flexible employee who has been credited with 40 hours or

more of paid service (work, leave, or a combination of work and leave)

in a service week is not granted paid annual or sick leave during the

remainder of that service week. Absences in such cases are treated as

nonduty time, not chargeable to paid leave of any kind. Supervisors

should avoid granting leave resulting in the requirement for overtime

pay.

b. Part-time flexible employees who request leave on days that they are

scheduled to work, except legal holidays, may be granted leave

provided they can be spared. The combination of leave and workhours

charged to these employees cannot exceed 8 hours on any one day.

The installation head may also consider a request for annual leave on

any day a part-time flexible employee is not scheduled to work. The 40

hours paid service in a service week specified in 512.523a may not be

exceeded.

Employee Benefits

Leave

512.532

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512.524 A–E Postmasters

The following provisions concern A–E postmasters:

Maximum Leave.

Annual leave may not exceed the scheduled service

hours for the day on which the leave is taken.

Saturday Absences.

A–E postmasters work a 6-day week. Absence on

Saturday that occurs within or at the beginning or end of a period of

annual leave or sick leave is not charged to such leave, nor is there

loss of compensation provided either of the following is true:

(1) There are 5 or more days of annual or sick leave within the

period.

(2) There are 4 or more days of annual or sick leave plus a holiday. If

the holiday falls on a Saturday that is a scheduled workday,

absence on the preceding Friday is not charged to leave. If the

leave period is for less than 4 days, absence on Friday is charged

to leave.

512.53 Regular Rural Carriers

512.531 General

Annual leave is earned by a regular rural carrier in accordance with 512.311

and the terms of the applicable collective bargaining agreement. It is taken in

minimum units of 1 day (8 hours) provided a leave replacement is available.

512.532 Saturday Absences

Rules for approved absences of regular rural carriers, substitute rural

carriers, or RCAs in a leave-earning status are subject to the specific

conditions of the USPS-NRLCA National Agreement. Accordingly, the

following apply:

a. Absence on Saturday that occurs within or at the beginning or end of a

period of annual leave or sick leave is not charged to such leave, nor is

there loss of compensation provided the appropriate leave balance on

the Form 1223-A,

Earnings Statement,

reflects at least 6 days of leave

and either of the following is true:

(1) There are more than 5 days of annual or sick leave within the

period.

(2) There are more than 4 days of annual or sick leave plus a

holiday. If the holiday falls on a Saturday that is a scheduled

workday, absence on the preceding Friday is not charged to

leave. If the leave period is 4 days or less, absence on Friday is

charged to leave.

b. Interruption during the approved period of annual or sick leave by 1 day

of court leave due to circumstances beyond the carrier’s control does

not disqualify the carrier for coverage as provided above.

c. Upon request, a rural carrier is granted annual leave or LWOP on

Saturday, at the carrier’s option, provided a replacement is available.

512.54

Employee Benefits

Leave

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512.54 Triweekly Rural Carriers

512.541 Week’s Absence

Carriers who are absent for a week on sick or annual leave are charged with

5 days’ leave.

512.542 Absences Less Than a Week

Carriers who are absent for less than a week at a time are charged with

2 days’ leave for each workday of absence.

512.543 Leave Carryover

The carrier may end the year with 1 day of unused annual leave. This day

may be carried forward into another leave year provided the total carried

forward does not exceed 55 days, except as provided in 512.321.

512.55 Leave Replacements for Rural Carriers

512.551 General

After a rural carrier or RCA has been assigned to and served in excess of 90

days in a vacant route or in a route from which a rural carrier is on extended

leave, or after an RCA has been assigned to and served in excess of 90 days

in an auxiliary route, he or she may take the accrued annual leave. Annual

leave is granted in accordance with normal leave requirements and the terms

of the applicable collective bargaining agreement. It is granted in minimum

units of 1 day for regular routes or 1 hour for auxiliary routes provided a leave

replacement is available.

512.552 Ninety-Day Qualifying Period

Substitute carriers and RCAs qualify for taking leave after being assigned as

the primary leave replacement and serving in excess of 90 days in (a) a

vacant route or (b) a route from which the rural carrier is on extended leave.

RCAs also qualify for taking leave after being assigned to and serving an

auxiliary route in excess of 90 days. A break in service of 1 or more workdays

breaks continuity of employment, and the substitute carrier or RCA must

begin a new 90-day qualifying period. Normally a break in service occurs only

when the regular carrier returns or when the vacant route is filled by the

appointment of a new regular rural carrier. A break in service does not mean

absence from the route on a nonscheduled workday or absence in approved

leave status, including LWOP. The first day of the pay period following 90

days of service, the substitute carrier or RCA is credited with annual leave

accrued for the 90-day qualifying period. (In determining the employee’s

leave category, credit is also given for prior service as a substitute rural

carrier or RCA.)

512.553 Lump Sum Payment

When regular rural carriers return to duty, substitute replacement carriers

who earn leave are given lump sum payments for the annual leave to their

credit if they have been in a leave-earning capacity. The lump sum payment

is not made if the substitute replacement carrier is converted to a career

position without a break in service and continues to earn leave.

Employee Benefits

Leave

512.634

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512.56 Auxiliary Rural Carriers

Auxiliary rural carriers earn leave based on the number of hours worked and

in accordance with the appropriate leave category. Leave is credited as

earned. These carriers are granted leave in increments of 1 hour.

512.6 Vacation Planning and Special Programs

512.61 Bargaining Unit Employees Vacation Planning

For these employees, leave is subject to specific vacation planning provisions

of applicable collective bargaining agreements. Note also:

a. For all regular employees, both full-time and part-time, vacation leave is

granted when requested to the extent practicable.

b. For part-time flexible employees, vacation planning is limited to

accumulated and accrued leave.

512.62 Nonbargaining Unit Employees Vacation Planning

Vacation leave is granted to these employees when their services can best

be spared. Postmasters and other responsible officials must schedule leave

so that (a) employees do not forfeit leave and (b) postal operations are not

impaired.

512.63 Annual Leave Exchange

512.631 General

The annual leave exchange program provides eligible employees with the

opportunity to receive cash in exchange for leave that they will earn during

the next leave year. Accumulated leave and leave accrued during the current

leave year cannot be exchanged under this program. The terms and

conditions for exchanging leave vary for bargaining unit and nonbargaining

unit employees and are explained in the instructions mailed to eligible

employees before the open season November 15 through December 15 each

year.

512.632 Bargaining Unit Annual Leave Exchange

Certain national collective bargaining agreements provide a leave exchange

option for covered employees. Eligibility and the other terms and conditions

for this option are set forth in the applicable collective bargaining agreements

and information related to administering the program.

512.633 Nonbargaining Unit Annual Leave Exchange

Career employees permanently assigned to a nonbargaining unit position are

provided the option at the end of the fiscal year to exchange for cash from 8

to 104 hours of the annual leave they will earn during the next year. To be

eligible, employees must have an annual leave balance of 160 hours at the

end of the leave year in which the election is made.

512.634 Processing Annual Leave Exchange Options

Open season for the annual leave exchange program runs from November

15 to December 15 each year. Eligible employees are notified of the election

512.64

Employee Benefits

Leave

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before the open season. The exchange is effective the first full pay period of

the new leave year.

Note: Postal employees may not exchange leave already earned that

exceeds the Postal Service leave carryover limit due to Internal Revenue

Service “constructive receipt” regulations.

512.64 Annual Leave Sharing

The annual leave-sharing program provides employees the opportunity to

receive and use donated annual leave and to donate their annual leave to

another employee under certain conditions. The program is limited to career

nonbargaining unit and bargaining unit employees and to noncareer

employees designated as transitional employees (TEs) under certain

collective bargaining agreements. The terms and conditions for this program

are set forth in applicable collective bargaining unit agreements and

memorandums of understanding. Instructions for administration of the terms

and conditions are found in Management Instruction EL-510-1999-4,

Annual

Leave Sharing Program

512.7 Separation Adjustments

512.71 Terminal Leave Worksheet

If an employee is not transferring to another federal agency and is separating

from the Postal Service, the Eagan ASC furnishes the separating installation

with Form 2246,

Terminal Leave Worksheet

, for filing in the employee’s

official personnel folder. (For transfers to other federal agencies, see 512.8.)

512.72 Collection for Unearned Leave

512.721 Refund

Separating employees who are indebted for unearned annual leave or sick

leave must refund the amount paid to them for such unearned leave. If

employees do not make refunds, deductions are made from any funds that

are due them.

512.722 Exception

Collection is not required in cases of death or in the case of separation due to

a disability that prevents an employee from returning to duty or continuing in

the Postal Service.

512.73 Payment for Accumulated Leave

A separating employee may receive a lump sum payment for accumulated

annual leave subject to the following conditions:

Before Qualifying Period.

Except for those employees identified under

512.812, an employee who separates before completing the 90-day

qualifying period forfeits terminal leave payment for accumulated leave.

On or After Qualifying Period.

An employee who completes the 90-day

qualifying period, even if separated at the close of business on day 90,

is entitled to terminal leave payment for leave accumulated.

Employee Benefits

Leave

512.811

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329

Before Last Friday of Pay Period.

An employee whose separation is

effective before the last Friday of a pay period does not receive leave

credit or terminal leave payment for the leave that would have accrued

during that pay period.

Bargaining Unit Employee.

A bargaining unit employee is not paid for

annual leave in excess of the annual leave carryover maximum for his

or her bargaining unit (see 512.32). Any part of the unused annual

leave earned during the current leave year that is in excess of the lump

sum limitation is granted prior to separation. In the case of death, a

lump sum payment is made for:

(1) Accumulated annual leave.

(2) Unused annual (current) leave earned during the year of the

death that the employee could have taken had the employee lived

to the end of the leave year. No payment is made for unused

leave that the employee would have been required to forfeit at the

end of the leave year.

Nonbargaining Unit Employee.

Nonbargaining unit employees are

entitled to receive a lump sum leave payment for accumulated annual

leave equal to their authorized maximum carryover plus any unused

accrued annual leave that was earned in the year of separation.

For Military Service.

Employees who separate to enter active U.S.

military duty may choose to receive a lump sum leave payment or to

have accrued annual leave held for credit until they return to Postal

Service duty.

Followed by Reemployment.

An employee who received a lump sum

leave payment on separation from a postal position (or a federal

position under the federal leave system) and who is reemployed or

reinstated to a leave-earning status before the period covered by the

payment expires must refund to the Postal Service in full the payment

for the overlapping period. The employee may then be recredited (see

512.9) with leave.

Lump Sum Payment.

Lump sum payment for annual leave at the time

of retirement does not affect the amount or commencement date of

annuity payments.

512.8 Transfers

512.81 Transfer Without a Break in Service

512.811 From the Postal Service to a Federal Agency

The Eagan ASC furnishes the agency gaining the employee with SF 1150,

Record of Leave Data

. (A copy of SF 1150 is

not

sent to the losing

installation.) When necessary, the Postal Service collects for used but

unearned leave (see 512.721). When the receiving agency is unable to

transfer a leave balance in excess of its leave carryover limit, the employee

receives a lump sum payment for earned annual leave that cannot be

transferred. The lump sum is calculated by multiplying the person’s postal

hourly rate times the number of earned annual leave hours that cannot be

transferred.

512.812

Employee Benefits

Leave

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330

512.812 From a Federal Agency to the Postal Service

Leave credit must be transferred to the employee’s leave account. However,

leave that may be transferred is limited to the leave carryover limit applicable

to the Postal Service position to be filled. The employee should not have to

take LWOP because of delay in transferring leave:

a. If the SF 1150 does not reach the Eagan ASC before the employee has

to take leave, the Eagan ASC may contact the losing agency to request

the employee’s leave balance.

b. If LWOP cannot be avoided, the record can be adjusted when the

SF 1150 is received to show paid leave unless the employee requests

that the LWOP remain unchanged.

512.82 Transfer With a Break in Service

An employee who moves from the Postal Service to another federal agency

after a break in service is separated (see 512.7) and later reemployed (see

512.9). Any accumulated leave is not transferred, but is paid for in a lump

sum.

512.9 Recrediting Annual Leave

512.91 Policy

Annual leave that may be recredited consists of leave earned under any of

the leave systems merged under the Annual and Sick Leave Act of 1951.

However, annual leave that is already forfeited cannot be recredited.

Annual leave is recredited under the act for:

a. Employees who are reemployed before the period covered by the lump

sum payment expires.

b. Employees who transferred to a position that is not under an annual

leave system and transferred back to the Postal Service without a

break in Postal Service service of more than 52 continuous calendar

weeks.

c. Employees who return to pay and duty status following a period of

suspension or involuntary separation (i.e., cases of retroactive

reversals of disciplinary action).

512.92 Procedures

512.921 Leave Earned in Prior Service in the Postal Service

See 512.73g.

512.922 Leave Earned at Another Agency

When an employee makes application for recredit of leave earned in another

agency, the Postal Service contacts the other agency to determine if leave

was forfeited at the time of separation. If not, the agency is asked to certify

the leave account. The following applies:

a. If the agency cannot find the leave record, the Postal Service will

accept a statement or other evidence of leave credits. The statement

Employee Benefits

Leave

513.1

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331

should include an estimate of leave credit and reflect the factors

forming the basis of the estimate.

b. If the leave record or statement justifies it, the amount of leave shown is

recredited.

512.923 Leave Buy-Back — OWCP

The following provisions concern leave buy-back:

a. Under the provisions of the Injury Compensation Program (545.73b(6)),

current employees may be permitted to buy back sick and annual leave

they used while awaiting adjudication of their cases by OWCP. In

traumatic injury cases, employees may be permitted to buy back only

the leave that is used after the end of the 45-day continuation-of-pay

period.

b. When the employee buys back annual leave for a previous year that

exceeds the applicable maximum (see 512.32), the excessive leave is

automatically forfeited. Employees are allowed to buy back only those

hours that can be carried forward.

c. Some loss of leave may occur when the period of absence is changed

to an LWOP status as a result of leave buy-back. For every 80 hours of

paid leave bought back and changed to LWOP, both annual and sick

leave are adjusted by the amount earned in 1 pay period. The

employee must be informed of this so there will be no

misunderstanding.

See Exhibit 514.4, item e, for further information.

513 Sick Leave

513.1 Purpose

Sick leave insures employees against loss of pay if they are incapacitated for

the performance of duties because of illness, injury, pregnancy and

confinement, and medical (including dental or optical) examination or

treatment. A limited amount may also be used to provide for the medical

needs of a family member. Nonbargaining unit employees, and bargaining

unit employees if provided in their national agreements, are allowed to take

up to 80 hours of their accrued sick leave per leave year to give care or

otherwise attend to a family member (as defined in 515.2) with an illness,

injury, or other condition that, if an employee had such a condition, would

justify the use of sick leave. (See 515 for information about FMLA entitlement

to be absent from work.)

513.2

Employee Benefits

Leave

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332

513.2 Accrual and Crediting

513.21 Accrual Chart

Time accrued is as follows:

Employee Category

Time Accrued

a. Full-time employees. 4 hours for each full biweekly pay

period — i.e., 13 days (104 hours)

per 26-period leave year.

b. Part-time employees. 1 hour for each unit of 20 hours in

pay status up to 104 hours (13 days)

per 26-period leave year.

513.22 Crediting

513.221 General

Sick leave is credited at the end of each biweekly pay period in which it is

earned. Sick leave (earned and unused) accumulates without limitation.

513.222 Part-Time Employees

Part-time employees are not credited with sick leave in excess of 13 days

(104 hours) per 26-period leave year.

513.223 Leave Replacements for Rural Carriers

Substitute rural carriers or RCAs assigned to and serving (a) a vacant route

or (b) a route from which the rural carrier is on extended leave, and RCAs

assigned to and serving an auxiliary route are credited with sick leave starting

with the first pay period following the 90-day qualifying period.

513.224 Auxiliary Rural Carriers

Auxiliary rural carriers are not credited with sick leave in excess of 104 hours

per leave year. If they serve in another capacity (e.g., flexible employees) in

the post office, that service is also used in computing sick leave credit (see

513.21).

513.225 Substitute Rural Carriers in Dual Appointment

Substitute rural carriers in dual appointments earn sick leave only when their

service is performed in a position that is subject to the Civil Service

Retirement Act. The leave can be used only while they are serving in a

leave-earning position.

513.226 Leave Credit Adjustment for LWOP

See 514.24.

513.3 Authorizing Sick Leave

513.31 Policy

513.311 General

Sick leave cannot be granted until it is earned, except as provided in 513.5.

Employee Benefits

Leave

513.331

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333

513.312 Restriction

An employee who is in sick leave status may

not

engage in any gainful

employment unless prior approval has been granted by appropriate authority

(see 660, Code of Ethics).

513.32 Conditions for Authorization

Conditions for authorization are as follows:*

Conditions

a. Illness or injury. If the employee is incapacitated for

the performance of official duties.

b. Pregnancy and confinement. If absence is required for physical

examinations or periods of

incapacitation.

c. Medical, dental, or optical

examination or treatment.

If absence is necessary during the

employee’s regular scheduled tour.

d. For eligible employees (as

indicated in 513.1), care for a

family member (as defined in

515.2).

Up to 80 hours of accrued sick leave

per leave year if the illness, injury, or

other condition is one that, if an

employee had such a condition,

would justify the use of sick leave.

e. Contagious disease. A

contagious disease is a disease

ruled as requiring isolation,

quarantine, or restriction of

movement of the patient for a

particular period by the health

authorities having jurisdiction.

If the employee (1) must care for a

family member afflicted with a

contagious disease, (2) has been

exposed to a contagious disease

and would jeopardize the health of

others, or (3) has evidence supplied

by the local health authorities or a

certificate signed by a physician

certifying the need for the period of

isolation or restriction.

f. Medical treatment for disabled

veterans.

If the employee (1) presents a

statement from a duly authorized

medical authority that treatment is

required, and (2) when possible,

gives prior notice of the definite

number of days and hours of

absence. (Such information is

needed for work scheduling

purposes.)

* Sick leave, annual leave, or LWOP is granted as may be necessary for

any of these conditions in accordance with normal leave policies and

collective bargaining agreements. (See also 513.6 and 514.22.)

513.33 Requests for Sick Leave

513.331 General

Except for unexpected illness or injury situations, sick leave must be

requested on Form 3971 and approved in advance by the appropriate

supervisor.

513.332

Employee Benefits

Leave

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334

513.332 Unexpected Illness or Injury

An exception to the advance approval requirement is made for unexpected

illness or injuries; however, in these situations the employee must notify

appropriate postal authorities of their illness or injury and expected duration

of absence as soon as possible. When sufficient information is provided to

the supervisor to determine that the absence is to be covered by FMLA, the

supervisor completes Form 3971 and mails it to the employee’s address of

record along with a Publication 71.

When the supervisor is not provided enough information in advance to

determine whether or not the absence is covered by FMLA, the employee

must submit a request for sick leave on Form 3971 and applicable medical or

other certification upon returning to duty and explain the reason for the

emergency to his or her supervisor. Employees may be required to submit

acceptable evidence of incapacity to work as outlined in the provisions of

513.36, Documentation Requirements

or noted on the reverse of Form 3971

or Publication 71, as applicable.

The supervisor approves or disapproves the leave request. When the request

is disapproved, the absence may be recorded as annual leave or, if

appropriate, as LWOP or AWOL, at the discretion of the supervisor as

outlined in 513.342.

513.34 Form 3971, Request for or Notification of Absence

513.341 General

Request for sick leave is made in writing, in duplicate, on Form 3971,

Request for or Notification of Absence

. If the absence is to care for a family

member, this fact is to be noted in the Remarks section.

513.342 Approval or Disapproval

The supervisor is responsible for approving or disapproving requests for sick

leave by signing Form 3971, a copy of which is given to the employee. If a

supervisor does not approve a request for leave as submitted, the

Disapproved block on the Form 3971 is checked and the reason(s) given, in

writing, in the space provided. When a request is disapproved, the granting of

any alternate type of leave, if any, must be noted along with the reason for

the disapproval. AWOL determinations must be similarly noted.

513.35 Postmaster Absences

There are special requirements for postmaster absences:

Leave Replacement.

A postmaster whose absence requires the hiring

of a leave replacement must notify the appropriate official.

Absence Over 3 Days.

A postmaster who is absent in excess of 3 days

must submit Form 3971 within 2 days of returning to duty or, for an

extended illness, at the end of each accounting period.

513.36 Sick Leave Documentation Requirements

513.361 Three Days or Less

For periods of absence of 3 days or less, supervisors may accept the

employee’s statement explaining the absence. Medical documentation or

Employee Benefits

Leave

513.38

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335

other acceptable evidence of incapacity for work or need to care for a family

member is required only when the employee is on restricted sick leave (see

513.39) or when the supervisor deems documentation desirable for the

protection of the interests of the Postal Service. Substantiation of the family

relationship must be provided if requested.

513.362 Over Three Days

For absences in excess of 3 days, employees are required to submit medical

documentation or other acceptable evidence of incapacity for work or of need

to care for a family member and, if requested, substantiation of the family

relationship.

513.363 Extended Periods

Employees who are on sick leave for extended periods are required to submit

at appropriate intervals,

but not more frequently than once every 30 days

satisfactory evidence of continued incapacity for work or need to care for a

family member unless some responsible supervisor has knowledge of the

employee’s continuing situation.

513.364 Medical Documentation or Other Acceptable Evidence

When employees are required to submit medical documentation, such

documentation should be furnished by the employee’s attending physician or

other attending practitioner who is performing within the scope of his or her

practice. The documentation should provide an explanation of the nature of

the employee’s illness or injury sufficient to indicate to management that the

employee was (or will be) unable to perform his or her normal duties for the

period of absence. Normally, medical statements such as “under my care” or

“received treatment” are not acceptable evidence of incapacitation to perform

duties.

Supervisors may accept substantiation other than medical documentation if

they believe it supports approval of the sick leave request.

513.365 Failure to Furnish Required Documentation

If acceptable substantiation of incapacitation is not furnished, the absence

may be charged to annual leave, LWOP, or AWOL.

513.37 Return to Duty

An employee returning from an FMLA-covered absence because of his or her

own incapacitation must provide documentation from his or her health care

provider that he or she is able to perform the functions of the position with or

without limitation. Limitations described are accommodated when practical.

Bargaining unit employees must also comply with requirements in 865.

513.38 Performance Ability Questioned

When the reason for an employee’s sick leave is of such a nature as to raise

justifiable doubt concerning the employee’s ability to satisfactorily and/or

safely perform duties, a

fitness-for-duty medical examination

is requested

through appropriate authority. A complete report of the facts, medical and

otherwise, should support the request.

513.39

Employee Benefits

Leave

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336

513.39 Restricted Sick Leave

513.391 Reasons for Restriction

Supervisors or installation heads who have evidence indicating that an

employee is abusing sick leave privileges may place the employee on the

restricted sick leave list. In addition, employees may be placed on the

restricted sick leave list after their sick leave use has been reviewed on an

individual basis and the following actions have been taken:

a. Establishment of an absence file.

b. Review of the absence file by the immediate supervisor and higher

levels of management.

c. Review of the absences during the past quarter of LWOP and sick

leave used by employees. (No minimum sick leave balance is

established below which the employee’s sick leave record is

automatically considered unsatisfactory.)

d. Supervisor’s discussion of absence record with the employee.

e. Review of the subsequent quarterly absences. If the absence logs

indicate no improvement, the supervisor is to discuss the matter with

the employee to include advice that if there is no improvement during

the next quarter, the employee will be placed on restricted sick leave.

513.392 Notice and Listing

Supervisors provide written notice to employees that their names have been

added to the restricted sick leave listing. The notice also explains that, until

further notice, the employees must support

all

requests for sick leave by

medical documentation or other acceptable evidence (see 513.364).

513.393 Recision of Restriction

Supervisors review the employee’s Form 3972,

Absence Analysis

, for each

quarter. If there has been a substantial decrease in absences charged to

sickness, the employee’s name is removed from the restricted sick leave list

and the employee is notified in writing of the removal.

513.4 Charging Sick Leave

513.41 Full-Time Employees

513.411 General

General provisions are as follows:

a. Sick leave is not charged for legal holidays or for nonworkdays

established by Executive Order.

b. Sick leave may be charged on any scheduled workday of an

employee’s basic workweek.

Employee Benefits

Leave

513.421

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513.412 Minimum Unit Charge

Minimum unit charges are as follows:

Employee Category

Minimum Unit Charge

a. All full-time nonexempt employees. One-hundredth of an hour

(0.01 hour).

b. Full-time exempt. (See 519.6.)

c. Regular rural carriers. 1 day (8 hours).

d. Substitute rural carriers and RCAs when

in a leave-earning status and serving:

(1) Vacant routes. 1 day (8 hours).

(2) Routes from which rural carriers are

on extended leave.

1 day (8 hours).

e. RCAs when in a leave-earning status

and servicing auxiliary routes.

1 hour.

f. Auxiliary rural carriers. 1 hour.

g. Triweekly rural carriers. (See 512.54.)

513.413 Special Situations

The following provisions concern special situations:

A–E Postmasters.

A–E postmasters are charged sick leave the same

as annual leave (see 512.524).

Rural Carriers.

Rural carriers who are absent because of illness on

Saturdays are charged sick leave based on the computations used for

their annual leave charges (see 512.53).

Replacement Rural Carriers.

Substitute rural carriers and RCAs in a

leave earning status and serving (a) vacant routes and (b) routes from

which rural carriers are on extended leave are charged sick leave in the

same manner as rural carriers. RCAs in a leave earning status and

serving auxiliary routes are charged sick leave in the same manner as

auxiliary rural carriers.

Triweekly Rural Carriers.

Triweekly rural carriers are charged sick leave

the same as for annual leave (see 512.54).

513.42 Part-Time Employees

513.421 General

General provisions are as follows:

a. Absences due to illness are charged as sick leave on any day that an

hourly rate employee is scheduled to work except national holidays.

b. Except as provided in 513.82, paid sick leave may not exceed the

number of hours that the employee would have been scheduled to

work, up to:

(1) A maximum of 8 hours in any one day.

(2) 40 hours in any one week.

513.422

Employee Benefits

Leave

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338

(3) 80 hours in any one pay period. If a dispute arises as to the

number of hours a part-time flexible employee would have been

scheduled to work, the schedule is considered to have been

equal to the average hours worked by other part-time flexible

employees in the same work location on the day in question.

c. Limitations in 513.421b apply to paid sick leave only and not to a

combination of sick leave and workhours. However, part-time flexible

employees who have been credited with 40 hours or more of paid

service (work, leave, or a combination of work and leave) in a service

week are not granted sick leave during the remainder of that service

week. Absences, in such cases, are treated as nonduty time that is not

chargeable to paid leave of any kind. (Sick leave is not intended to be

used to supplement earnings of employees.)

513.422 Minimum Unit Charge

Minimum unit charges are as follows:

Employee Category Minimum Unit Charge

All part-time nonexempt employees. One-hundredth of an hour

(0.01 hour).

Part-time exempt employees. (See 519.6.)

513.5 Advanced Sick Leave

513.51 Policy

513.511 May Not Exceed Thirty Days

Sick leave not to exceed 30 days (240 hours) may be advanced in cases of

an employee’s serious disability or illness if there is reason to believe the

employee will return to duty. Sick leave may be advanced whether or not the

employee has an annual leave or donated leave balance.

513.512 Medical Document Required

Every request for advanced sick leave must be supported by medical

documentation of the illness.

513.52 Administration

513.521 Installation Heads’ Approval

Officials in charge of installations are authorized to approve these advances

without reference to higher authority.

513.522 Forms Forwarded

Form 1221,

Advanced Sick Leave Authorization

, is completed and forwarded

to the Eagan ASC when advanced sick leave is authorized.

513.53 Additional Sick Leave

513.531 Thirty-Day Maximum

Additional sick leave may be advanced even though liquidation of a previous

advance has not been completed provided the advance at no time exceeds

Employee Benefits

Leave

513.711

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339

30 days. Any advanced sick leave authorized is in addition to the sick leave

that has been earned by the employee at the time the advance is authorized.

513.532 Liquidating Advanced Sick Leave

The liquidation of advanced sick leave is not to be confused with the

substitution of annual leave for sick leave to avoid forfeiture of the annual

leave. Advanced sick leave may be liquidated in the following manner:

a. Charging the sick leave against the sick leave earned by the employee

as it is earned upon return to duty.

b. Charging the sick leave against an equivalent amount of annual leave

at the employee’s request provided the annual leave charge is made

prior to the time such leave is forfeited because of the leave carryover

limit.

513.6 Leave Charge Adjustments

513.61 Insufficient Sick Leave

If sick leave is approved but the employee does not have sufficient sick leave

to cover the absence, the difference is charged to annual leave or to LWOP

at the employee’s option.

513.62 Insufficient Sick and Annual Leave

If sick leave is approved for employees who have no annual or sick leave to

their credit, the absence may be charged as LWOP unless sick leave is

advanced as outlined in 513.5. LWOP so charged cannot thereafter be

converted to sick or annual leave.

513.63 Disapproved Sick Leave

If sick leave is disapproved, but the absence is nevertheless warranted, the

supervisor may approve, at the employee’s option, a charge to annual leave

or a charge to LWOP.

513.64 Absence Without Leave

An absence that is disapproved is charged as LWOP and may be

administratively considered as AWOL.

513.65 Annual Leave Changed to Sick Leave

If an employee becomes ill while on annual leave and the employee has a

sick leave balance, the absence may be charged to sick leave.

513.7 Transfer or Reemployment

513.71 Transfer

513.711 Crediting

Individuals who are transferring from a federal agency to the Postal Service

are credited with their sick leave balance provided there is not a break in

service in excess of 3 years.

513.712

Employee Benefits

Leave

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340

513.712 Recrediting

The following provisions concern recrediting:

a. If a Postal Service employee transfers to a position under a different

leave system to which only a part of the employee’s sick leave can be

transferred, the sick leave is recredited if the individual returns to the

Postal Service provided there is not a break in service in excess of

3 years.

b. If a Postal Service employee transfers to a position to which sick leave

cannot be transferred, the sick leave is recredited if the individual

returns to the Postal Service provided there is not a break in service in

excess of 3 years.

513.72 Reemployment

Sick leave may be recredited upon reemployment provided there is not a

break in service in excess of 3 years.

513.73 Reemployment — OWCP

All individuals who were originally separated and who are subsequently

reemployed from a continuous period on OWCP rolls have any previously

unused sick leave recredited to their account, regardless of the length of time

these employees were on OWCP and off postal rolls.

Exception: Sick leave may not be recredited if an employee applied and

was approved for disability retirement regardless of whether the employee

actually collected the annuity.

513.8 Retirements or Separations

513.81 General

No payment is made for accumulated sick leave when an employee retires or

separates from Postal Service employment.

513.82 Retirement

513.821 Credit for Sick Leave

Provisions of the Civil Service Retirement Act provide for the granting of

credit for unused sick leave in calculating retirement or survivor annuity at the

time of the employee’s retirement or death (see 562.4). Each 8 hours of sick

leave represents 1 day of retirement credit. Unused sick leave days are

converted to calendar time retirement credit, based on a 260-day workyear

(260 days x 8 hours = 2,080 hours). There are no provisions for credit of sick

leave upon retirement for employees under the Federal Employees

Retirement System (FERS) program except for those employees who

formerly were in the Civil Service Retirement System (CSRS) and transferred

to FERS. Subchapter 580, Federal Employees’ Retirement System (FERS),

provides details for credit of sick leave upon retirement for FERS employees

who formerly were under the CSRS coverage.

Employee Benefits

Leave

514.22

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341

513.822 Disability Retirement

If the OPM has approved an application for disability retirement effective on

expiration of accumulated and accrued leave, or if the employee is being

otherwise separated for physical or mental disability resulting in inability to

perform the work, sick leave is granted at the rate of 8 hours per day, 40

hours per week, or 80 hours per pay period until the employee’s sick leave is

exhausted. Payments may not be made, however, for any hours for which the

employee received salary or leave payments from another federal agency.

513.83 Separation by Death

If an ill employee dies without returning to duty and without making

application for sick leave, the postal official who is in charge of the installation

grants sick leave for the period of illness or disability immediately prior to

death. If the employee was in pay status on the day of death or immediately

prior to death, the employee’s beneficiary is entitled to receive compensation

without charge to leave for the date of death. The latter applies whether or

not employees have leave to their credit.

513.9 Collection for Unearned Sick Leave

Collection for used but unearned sick leave at the time of separation is made

in the same manner as for unearned annual leave (see 512.72).

514 Leave Without Pay

514.1 Definitions

The following definitions apply for the purposes of 514:

a. LWOP is an authorized absence from duty in a nonpay status.

b. LWOP may be granted upon the employee’s request and covers only

those hours that the employee would normally work or for which the

employee would normally be paid.

c. LWOP is different from AWOL (absent without leave), which is a

nonpay status due to a determination that no kind of leave can be

granted either because (1) the employee did not obtain advance

authorization or (2) the employee’s request for leave was denied.

514.2 Policy

514.21 Restriction

LWOP in excess of 2 years is not approved unless specifically provided for in

postal policy or regulations.

514.22 Administrative Discretion

Each request for LWOP is examined closely, and a decision is made based

on the needs of the employee, the needs of the Postal Service, and the cost

to the Postal Service. The granting of LWOP is a matter of administrative

514.23

Employee Benefits

Leave

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342

discretion and is not granted on the employee’s demand except as provided

in collective bargaining agreements or as follows:

a. A disabled veteran is entitled to LWOP, if necessary, for medical

treatment.

b. A Reservist or a National Guardsman is entitled to LWOP, if necessary,

to perform military training duties under the Uniformed Services

Employment and Reemployment Rights Act of 1994 (USERRA), Public

Law 103–353.

c. An employee who requests and is entitled to time off under 515,

Absence for Family Care or Serious Health Condition of Employee,

must be allowed up to a total of 12 workweeks of absence within a

Postal Service leave year for one or more reasons listed in 515.41.

514.23 Condition

In granting approval for extended LWOP, the granting official should have

reasonable expectation that the employee will return at the end of the

approved period.

514.24 Leave Credit Adjustment

Employees who are on LWOP for a period, or periods, totaling 80 hours

(normal number of workhours in 1 pay period) during a leave year have their

leave credits reduced by the amount of leave earned in 1 pay period.

Exception: Employees who (1) are in leave category 6, (2) are not on

LWOP for the entire year, and (3) whose accumulated LWOP reaches 80

hours in the last pay period in a leave year have their leave balance reduced

by only 6 hours, even if they earn 10 hours during that pay period (see

512.3). Also, no adjustment is made to the leave computation date for

periods of LWOP taken for active military service or while absent due to an

illness or injury approved by OWCP.

514.25 Other Employment

LWOP is not granted for the purpose of enabling an employee to “try out” or

to accept other employment.

514.3 Authority to Approve

514.31 Installation Head

Installation heads may approve requests for LWOP that are not in excess of

1 year.

514.32 District Managers

District managers may approve requests for LWOP that are not in excess of

2 years.

514.4 Acceptable Reasons and Instructions

See Exhibit 514.4 for acceptable reasons and instructions for LWOP.

Employee Benefits

Leave

514.4

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343

Exhibit 514.4 (p. 1)

Acceptable Reasons and Instructions for LWOP

Acceptable Reasons

for LWOP

Instructions

a. Personal reasons. LWOP may be granted to cover the absence.

b. Employee has no leave to

cover vacation during

choice vacation period.

LWOP may be granted to cover the absence.

c. Full-time attendance at a (1) Restricted to full-time employee.

college or university.

() y

(2) An official transcript of courses taken must be submitted to the installation head.

d. Personal illness or injury

(also see 515).

(1) LWOP may be granted after accumulated accrued sick and annual leave have been

exhausted; except that during a pay period in which, due to personal injury or illness, no

work is performed, an employee may utilize annual and/or sick leave in conjunction with

work

erformed,

em loyee

may

utilize

annual

and/or

sick

leave

conjunction

with

LWOP, subject to approval of the leave in accordance with normal leave approval

procedures.

(2) A medical document from the attending physician or practitioner must be obtained before

() g y

approval, the same as for sick leave.

(3) Applications for LWOP to cover a period in excess of 30 days in any 1 year in cases of

illness or injury are reviewed and acted upon by the installation head.

jy y

(4) An employee normally will not be separated from the service because of absence due to

personal illness or injury for a period of less than 1 year (also see 568). An employee may

be separated if required to be absent for more than 1 year unless there is cause to expect

d t ithi bl ti ft th d f 1 i LWOP t t

recovery and return within a reasonable time after the end of 1 year in LWOP status.

(5) The separation of an employee after 1 year of continued absence with or without pay does

not prevent an eligible employee from filing an application for retirement (also see 568).

e. Injury in line of duty. (1) Supervisors must advise employees of their right to file an application for FECA benefits as

a result of illness or injury that is suffered in the line of duty. (See instructions on CA-1 and

CA-2a for traumatic injuries and CA-2 for occupational illnesses and diseases.)

(2) In traumatic injury cases, an employee is entitled to a maximum of 45 calendar days of

continuation of pay (COP) without charge to leave if written notice of injury is filed within 30

days of injury. The period of COP begins at the start of the employee’s first full tour of duty

thereafter, or the first day following the disability, whichever occurs sooner. The period

during which 45 days of COP may be claimed must begin within 90 days of the occurrence

of the injury but may end after 90 days from the occurrence. If, after returning to work

subsequent to an apparent recovery from a traumatic injury, an employee is again absent

from work as a result of the original traumatic injury, the employee may use any remaining

COP time left up to the 45-day limit. However, the remaining COP time must be used within

90 days of the date the employee first returns to work following the initial traumatic injury.

(3) An employee may choose sick or annual leave in lieu of COP; however, this leave may be

retroactively converted to COP provided a request is made within 1 year of the date the

leave was used or the date of the claim approval, whichever is later.

(4) Before being placed on LWOP, an employee may choose to use annual or sick leave until it

is exhausted. Leave is earned during that part of a pay period in which the employee is in

pay status.

(5) On favorable adjudication of a claim by the Office of Workers’ Compensation Programs

(OWCP), LWOP may be substituted for a period of sick and/or annual leave so that the

employee may accept disability compensation for the period of absence.

(6) On favorable adjudication of a claim by OWCP, current employees may be permitted to buy

back the leave that they used while awaiting adjudication (see 545.73b(6)). If the injury is a

traumatic injury, only leave used after the end of the 45-day COP period may be bought

back. OWCP does not restrict the amount of leave hours an employee may buy back.

However, Postal Service regulations do not permit employees to carry-over into the next

leave year more than the allowable maximum number of hours of annual leave (see

512.12). When an employee buys back annual leave in the previous year in an amount that

exceeds the applicable maximum carry-over, such excess will be automatically forfeited.

For every 80 hours of leave bought back and changed to LWOP, both annual and sick leave

must be adjusted by the amount earned in a pay period.

514.4

Employee Benefits

Leave

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344

Exhibit 514.4 (p. 2)

Acceptable Reasons and Instructions for LWOP

Acceptable Reasons

for LWOP

Instructions

f. Family care (see 515). An eligible employee may request and must be allowed up to a total of 12 workweeks of

absence during a Postal Service leave year for one or more reasons listed in 515.41.

g. Military duty for scheduled

drills or for periods of

training.

An employee enlisted under the Reserve Forces Act of 1955 who has completed the initial

period of active duty training of not less than 3 months or more than 6 months may be granted

LWOP for scheduled drills or periods of training.

h. Military duty for any

purpose, training or

otherwise.

Eligible members of the National Guard or reserve components of the Armed Forces who are

ordered to active duty for training or for any other purposes, for a specified period of time not to

exceed 1 year, but in excess of the total time allowable under military leave and annual leave

are granted LWOP.

i. Employee elected to

devote full-time service as

a national president to an

organization of supervisory

or other managerial

personnel (see 416.3).

(1) LWOP normally does not exceed 2 consecutive years coinciding with the elected term of

office.

(2) The employee requests in writing, through the appropriate management structure, that the

vice president of Labor Relations grant the employee LWOP during tenure of presidency for

the purpose of serving as resident president of an employee organization in Washington,

D.C., in a full-time capacity.

(3) If LWOP is granted, the employee continues to be eligible for appropriate fringe benefits

during that period.

(4) The vice president of Labor Relations reserves the right to deny the request for LWOP if it is

determined that the position must be filled on a permanent basis, unencumbered by an

individual on prolonged leave.

j. Union business. See applicable provisions of current collective bargaining agreement.

k. Postmaster elected as an

organization officer, other

than the president.

An employee holding a national office in one of the postmaster organizations must use annual

leave or LWOP for absences to conduct business for the organization.

Employee Benefits

Leave

515.2

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345

514.5 Forms Required

514.51 Form 3971

A request for LWOP is submitted by the employee on Form 3971,

Request for

or Notification of Absence

. If the request for leave indicates that the LWOP

will extend over 30 days, a written justification and statement of reason for

the desired absence is required.

514.52 Form 50

Form 50,

Notification of Personnel Action

, is prepared when LWOP is in

excess of 30 days (see Handbook EL-301,

Guidelines for Processing

Personnel Actions

515 Absence for Family Care or Serious Health

Condition of Employee

515.1 Purpose

Section 515 provides policies to comply with the Family and Medical Leave

Act of 1993 (FMLA). Nothing in this section is intended to limit employees’

rights or benefits available under other current policies (see 511, 512, 513,

514) or collective bargaining agreements. Likewise, nothing increases the

amount of paid leave beyond what is provided for under current leave policies

or in any collective bargaining agreement. The conditions for authorizing the

use of annual leave, sick leave, or LWOP are modified only to the extent

described in this section.

515.2 Definitions

The following definitions apply for the purposes of 515:

Son or daughter

— biological, adopted, or foster child, stepchild, legal

ward, or child who stands in the position of a son or daughter to the

employee, who is under 18 years of age or who is 18 or older and

incapable of self-care because of mental or physical disability.

Parent

— biological parent or individual who stood in that position to the

employee when the employee was a child.

Spouse

— husband or wife.

Serious health condition

— illness, injury, impairment, or physical or

mental condition that involves any of the following:

(1)

Hospital care

— inpatient care (i.e., an overnight stay) in a

hospital or residential medical care facility, including any period of

incapacity or subsequent treatment in connection with or

subsequent to such inpatient care.

(2)

Absence plus treatment

— a period of incapacity of more than 3

consecutive calendar days (including any subsequent treatment

or period of incapacity relating to the same condition) that also

involves either one of the following:

(a) Treatment two or more times by a health care provider.

515.2

Employee Benefits

Leave

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346

(b) Treatment by a health care provider on at least one

occasion that results in a regimen of continuing treatment

under the supervision of the health care provider.

(3)

Pregnancy —

any period of incapacity due to pregnancy or for

prenatal care.

(4)

Chronic condition requiring treatments —

a chronic condition that

meets all of the three following conditions:

(a) Requires periodic visits for treatment by a health care

provider or by a nurse or physician’s assistant under direct

supervision of a health care provider.

(b) Continues over an extended period of time (including

recurring episodes of a single underlying condition).

incapacity. Examples of such conditions include diabetes,

asthma, and epilepsy.

(5)

Permanent or long-term condition requiring supervision

— a

period of incapacity that is permanent or long-term due to a

condition for which treatment may not be effective. The employee

or family member must be under the continuing supervision of,

but need not be receiving active treatment by, a health care

provider. Examples of such conditions include Alzheimer’s, a

severe stroke, and the terminal stages of a disease.

(6)

Condition requiring multiple treatments (nonchronic condition) —

any period of absence to receive multiple treatments (including

any period of recovery therefrom) by a health care provider or by

a provider of health care services under orders of, or on referral

by, a health care provider, either for restorative surgery after an

accident or other injury, or for a condition that would likely result

in a period of incapacity of more than 3 consecutive calendar

days in the absence of medical intervention or treatment.

Examples of such conditions include cancer (which may require

chemotherapy, radiation, etc.), severe arthritis (which may require

physical therapy), and kidney disease (which may require

dialysis).

Note: Cosmetic treatments (such as most treatments for orthodontia or

acne) are not “serious health conditions” unless complications occur.

Restorative dental surgery after an accident or removal of cancerous

growths is a serious health condition provided all the other conditions

are met. Allergies, mental illness resulting from stress, and treatments

for substance abuse are protected only if all the conditions are met.

Routine preventative physical examinations are excluded. Also

excluded as a regimen of continuing treatments are treatments that

involve only over-the-counter medicine or activities such as bed rest

that can be initiated without a visit to a health care provider.

Health care provider

— doctor of medicine or osteopathy; Christian

Science practitioner listed with the First Church of Christ, Scientist, in

Employee Benefits

Leave

515.43

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347

Boston, MA; physician; or other attending practitioner who is performing

within the scope of his or her practice.

515.3 Eligibility

For an absence to be covered by the FMLA, the employee must have been

employed by the Postal Service for an accumulated total of 12 months and

must have worked a minimum of 1,250 hours during the 12-month period

before the date leave begins.

515.4 Leave Requirements

515.41 Conditions

Eligible employees

must

be allowed an total of up to 12 workweeks of leave

within a Postal Service leave year for one or more of the following:

a. Because of the birth of a son or daughter of the employee and in order

to care for such son or daughter. Entitlement to be absent for this

condition expires 1 year after the birth.

b. Because of the placement of a son or daughter with the employee for

adoption or foster care. Entitlement to be absent for this condition

expires 1 year after the placement.

c. In order to care for the spouse, son, daughter, or parent of the

employee if the spouse, son, daughter, or parent has a serious health

condition.

d. Because of a serious health condition that makes the employee unable

to perform the functions of the employee’s position.

515.42 Leave Type

Absences that qualify as FMLA leave may be charged as annual leave, sick

leave, continuation of pay, or leave without pay, or a combination of these.

Leave is charged consistent with current leave policies and applicable

collective bargaining agreements.

515.43 Authorized Hours

Eligible employees are entitled to 12 workweeks per leave year of

FMLA-protected absences. This amount is twelve times the hours normally,

or regularly, scheduled in the employee’s workweek. Occasional or sporadic

overtime hours are excluded. Thus:

a. Full-time employees who normally work 40 hours per week are entitled

to up to 480 hours of FMLA-covered absences within a leave year.

b. Part-time employees who have regular weekly schedules are entitled to

12 times the number of hours normally scheduled in their workweek.

For example, a part-time employee with a normal schedule of 30 hours

a week is entitled to 360 hours (12 weeks times 30 hours).

c. Part-time employees who do not have normal weekly schedules are

entitled to the total number of hours worked in the previous 12 weeks,

not including occasional or sporadic overtime hours.

515.5

Employee Benefits

Leave

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348

Absences in addition to the 12 workweeks of FMLA leave may be granted in

accordance with other leave policies or collective bargaining agreements

(see 511, 512, 513, 514).

515.5 Documentation

515.51 General

An employee must provide a supervisor a Form 3971,

Request for or

Notification of Absence

, together with documentation supporting the request,

at least 30 days before the absence if the need for the leave is foreseeable. If

30 days notice is not practicable, the employee must give notice as soon as

practicable. Ordinarily the employee should give at least verbal notification

within 1 or 2 business days of the time the need for leave becomes known. A

copy of the completed Form 3971 is returned to the employee along with a

copy of Publication 71, which details the specific expectations and obligations

and the consequences of a failure to meet these obligations.

Additional documentation may be requested of the employee, and this must

be provided within 15 days or as soon as practicable considering the

particular facts and circumstances.

During an absence, the employee must keep his or her supervisor informed

of intentions to return to work and of status changes that could affect his or

her ability to return to work. Failure to provide documentation can result in the

denial of FMLA protection.

515.52 New Son or Daughter

An employee requesting time off because of the birth of the employee’s son

or daughter and to care for the son or daughter, or because of the placement

of a son or daughter with the employee for adoption or foster care, may be

required to substantiate the relationship and provide the birth or placement

date.

515.53 Care of Others for Medical Reasons

An employee requesting time off to care for a spouse, parent, son, or

daughter who has a serious health condition may be required to substantiate

the relationship and to provide documentation from the health care provider

stating the date the serious health condition began, probable duration of the

illness, appropriate medical facts, nature of the need to care for, and when

the employee will be needed to provide such care or psychological support.

The medical certification provision that an employee is “needed to care for” a

family member encompasses both physical and psychological care. It

includes situations where, for example, because of a serious health condition,

the family member is unable to care for his or her own basic medical,

hygienic, or nutritional needs or safety, or is unable to transport him- or

herself to the doctor, etc. The term also includes providing psychological

comfort and reassurance that would be beneficial to a child, spouse, or

parent with a serious health condition who is receiving inpatient or home

care.

Employee Benefits

Leave

515.62

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349

515.54 Additional Medical Opinions

A second medical opinion by a health care provider who is designated and

paid for by the Postal Service may be required. A health care provider

selected for the second opinion may not be employed by the Postal Service

on a regular basis. In case of a difference between the original and second

opinion, a third opinion by a health care provider may be required. The third

health care provider is jointly designated or approved by management and

the employee, and the third opinion is final. The Postal Service pays the

health care provider for the third opinion. Recertifications of a medical

condition, for which the employee bears the cost, may also be required. Such

medical opinions are obtained off the clock.

515.55 Employee Incapacitation

An employee requesting time off that is covered by FMLA because of his or

her own incapacitation must satisfy the documentation requirements for sick

leave in 513.31 through 513.38 or for LWOP in 514.4. If medical opinions are

required in addition to initial documentation, they are administered as

described in 515.54.

515.56 Return to Work After Employee Incapacitation

To return to work from an FMLA-covered absence because of their own

incapacitation, employees must provide certification from their health care

provider that they are able to perform the essential functions of their positions

with or without limitations. Limitations described are accommodated when

practical. In addition, bargaining unit employees must comply with collective

bargaining agreements, which include Postal Service policies in 865

(summarized in section VI of Publication 71), 513.37, and other handbooks

and manuals.

515.6 Intermittent Leave or Reduced Schedule

515.61 New Son or Daughter

Absences requested because of the birth and subsequent care of the

employee’s newborn son or daughter or because of the placement of a son

or daughter with the employee for adoption or foster care may be taken on an

intermittent basis or reduced work schedule only if the request for such

intermittent leave or schedule modification is approved by the supervisor.

Eligibility for this leave expires 1 year after the birth or placement. Approval is

based on employee need, Postal Service need, and costs to the Postal

Service.

515.62 Care of Others for Medical Reasons or Employee Incapacitation

Absences requested to care for a spouse, son, daughter, or parent with a

serious health condition or due to the employee’s own health condition may

be taken on an intermittent basis or by establishing a reduced work schedule

when medically necessary.

515.63

Employee Benefits

Leave

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350

515.63 Temporary Change in Duty Assignment

If an employee requests intermittent leave or a reduced work schedule, the

Postal Service may assign the employee, with equivalent pay and benefits,

temporarily to the duties of another position consistent with applicable

collective bargaining agreements and regulations if such an assignment

better accommodates the recurring periods of absence.

515.64 Fair Labor Standards Act Status

An employee exempt from the Fair Labor Standards Act (FLSA) normally

may not take leave in less than 1-day increments. However, leave taken for

an FMLA-covered reason on an intermittent basis or by temporarily

establishing a reduced work schedule can be taken in less than 1-day

increments without affecting the employee’s FLSA-exempt status.

515.7 Return to Position

Employees whose absence is covered by the FMLA are normally entitled to

return to the positions they held when the absence began, or to equivalent

positions with equivalent pay, benefits, working conditions, and other terms of

employment if they are able to perform the essential functions of the

positions. Returning employees are not entitled to any right, benefit, or

position to which they would not have been entitled had they not been

absent, or to intangible, unmeasurable aspects of the job such as the

perceived loss of potential for future promotional opportunities. If an

employee was hired for a specific term or only to perform work on a discrete

project, then there is no further reinstatement obligation under this section if

the employment term or project is over and the employment would not have

otherwise continued.

515.8 Benefits

All benefits accrue to employees during an FMLA absence pursuant to the

applicable provision of the ELM.

515.9 Family Leave Poster

All postal facilities, including stations and branches, are required to

conspicuously display WH Publication 1420,

Your Rights Under the Family

and Medical Leave Act of 1993

. It must be posted, and remain posted, on

bulletin boards where it can be seen readily by employees and applicants for

employment.

516 Absences for Court-Related Service

516.1 General

516.11 Determining Nature of Court-Related Service

Installation heads ascertain the exact nature of court service and determine if

the employee (a) is entitled to paid court leave, (b) must take annual leave or

LWOP, or (c) is to serve in an official duty status. If a summons to witness

Employee Benefits

Leave

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service is not specific or clear, the installation head contacts appropriate

authorities to determine the party on whose behalf the witness service is to

be rendered. When the exact nature of court service is determined, records

are annotated accordingly. (See Exhibit 516.11 for a summary of leave to be

taken according to nature of service.)

Exhibit 516.11

Absences for Court-Related Service

Nature of Service

Court

Leave

Annual

Leave or

LWOP

Official

Duty

l. Jury Service:

(A) U.S. or D.C. court. x ..... .....

(B) State or local court. x ..... .....

ll. Witness Service:

(A) On behalf of U.S. or D.C.

government.

..... ..... x

(B) On behalf of state or local

government:

(1) In official capacity. ..... ..... x

(2) Not in official capacity. x ..... .....

(1) In official capacity. ..... ..... x

(2) Not in official capacity:

(a) Postal Service a party. x ..... .....

(b) Postal Service not a

party.

..... x .....

516.12 Explanation of Terms

The following definitions apply for the purposes of 516.

Judicial proceedings

— any actions, suits, or other proceedings of a

judicial nature but not including administrative proceedings such as

National Labor Relations Board (NLRB) hearings and hearings

conducted in accordance with 650, Nonbargaining Disciplinary,

Grievance, and Appeal Procedures.

Summons

— an official request, invitation, or call, evidenced by an

official writing from the court or authority responsible for the conduct of

the judicial proceeding.

516.2 Court Leave

516.21 Definition

Court leave

is the authorized absence from work status (without loss of or

reduction in pay, leave to which otherwise entitled, credit for time or service,

or performance rating) of an employee who is summoned in connection with

a judicial proceeding, by a court or authority responsible for the conduct of

516.22

Employee Benefits

Leave

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352

that proceeding, to serve as a juror, as a witness in a nonofficial capacity on

behalf of a state or local government, or as a witness in a nonofficial capacity

on behalf of a private party in a judicial proceeding to which the Postal

Service is a party or the real party in interest. The court or judicial proceeding

may be located in the District of Columbia, a state, territory, or possession of

the United States, including the Commonwealth of Puerto Rico, or the Trust

Territory of the Pacific Islands.

516.22 Eligibility

Court leave is granted to full-time and part-time regular employees. Certain

part-time flexible employees are granted court leave as provided and

governed by applicable collective bargaining agreements. Other employees

are ineligible for court leave and must use either annual leave or LWOP to

cover the period of absence from postal duties for court service but may

retain any fees or compensation received incident to such court service.

Court leave is granted only to eligible employees who would be in work status

or on annual leave except for jury duty or service as a witness in a nonofficial

capacity on behalf of a state or local government, or service as a witness in a

nonofficial capacity on behalf of a private party in a judicial proceeding to

which the Postal Service is a party or the real party in interest. An employee

on LWOP, when called for such court service, although otherwise eligible for

court leave, is not granted court leave but may retain any fees or

compensation received incident to court service.

516.23 Recording Court Leave

The following provisions concern the recording of court leave:

Employees Other Than Rural Carriers.

Form 1224,

Court Duty

Leave — Statement of Service

, is prepared at the time an employee is

authorized court leave. Instructions for preparing Form 1224 appear in

Handbook F-1,

Post Office Accounting Procedures,

823; in Handbook

F-21,

Time and Attendance,

353.3; and in Handbook F-22,

PSDS Time

and Attendance, 353.3

Rural Carriers.

When a rural carrier is on court leave, the postmaster

records it as “Other” leave on Form 1314,

Regular Rural Carrier Time

Certificate

, and describes the court service performed on the reverse

side of the form. (See Handbook F-1, 445.5 for recording and reporting

fees.)

516.3 Conditions Affecting Court-Related Service

516.31 Employee on Annual Leave

If an eligible employee while on annual leave is summoned for court service

that qualifies for court leave or official duty (see 516.11), the employee’s

annual leave is canceled and the employee is placed on court leave or official

duty for the duration of such court service. Employees who are not entitled to

court leave or official duty must use annual leave or LWOP for the period of

absence from duty for such court service.

Employee Benefits

Leave

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516.32 Combination of Court Leave and Postal Duty

The following provisions concern combinations of court service and postal

duty:

Employees Who Report for Court Service and Are Excused Early.

If an

employee reports for court service and is excused by the court for the

balance of the day, or performs court service for only part of that day,

the employee is entitled to full compensation for the day in question. An

employee who would otherwise be in a work status is required to report

to the postal installation for the balance of the postal tour of duty

provided (1) an appreciable time of the tour is involved and (2) it is

feasible to report to work and complete the tour. Combined paid court

leave and postal duty may not exceed 8 hours.

Employees Who Serve a Full Day in Court.

Employees serving a full

day in court service are not required to report to their postal duties.

Employees Excused From Court Service for an Extended Period.

Employees, including rural carriers, who are excused from court service

for an entire day or days are not entitled to compensation for such days

unless they actually perform service as postal employees.

No overtime is allowed for court service performed while an employee is on

court leave or for a combination of postal work and such court service.

516.33 Accommodation of Employees Called for Court Service

The following provisions concern accommodation of employees called for

court service:

Employee Options.

Employees who are eligible for court leave and who

have a conflict with court duty and work schedules have the following

options:

(1) (Work their postal tours of duty in addition to performing court

service.

(2) (Have their work schedules changed temporarily to conform to

the hours of court service. (Employees who do not choose this

option may not have their work schedule changed and are

expected to report for postal duty upon completion of their court

service.)

Performance of Postal Tour of Duty in Addition to Court Service.

employees work their full postal tours of duty in addition to performing

court service, their court service is

not

charged to court leave as the

court service is performed outside of their postal tours of duty.

Accordingly, employees may retain any fees or payment received

incident to such court service. If employees choose to work their full

postal tours of duty in addition to performing court service, but are

required to be in court beyond the starting time of their scheduled tours,

they report for postal duty as soon as possible after completion of court

service and work the remaining hours of their scheduled tours. The

hours of court service that overlap the employees’ scheduled tours of

duty are charged to court leave and the employees remit to the Postal

Service that portion of court fees received for the hours charged to

516.4

Employee Benefits

Leave

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354

court leave. The combined court leave and postal workhours may not

exceed 8 hours.

Temporary Change in Schedule.

Employees who choose to have their

work schedules changed temporarily to conform to court service hours

submit Form 3189,

Request for Temporary Schedule Change for

Personal Convenience

, as soon as possible, together with Form 3971,

requesting such schedule change to the appropriate postal official at

their installation (see Handbook F-21,

Time and Attendance,

232.23).

Such request states that the schedule change is for the employee’s

personal convenience and is agreed to by the local union. Employees

who exercise this option receive full compensation for the period of

court service including any applicable night differential for the revised

schedule.

516.4 Fees

516.41 General

Employees who receive jury or witness fees for court service while on court

leave remit such fees to the appropriate postal official. Employees who are

eligible to receive such fees are not authorized to waive the fee. The amount

of fees to be retained by the Postal Service may not exceed the amount of

salary otherwise payable to the employee for the hours of court leave; any

excess may be retained by the employee. In states or counties within a state

where employees receive an expense allowance or expense money in lieu of

court fees, the employee is entitled to retain these, and the employee

continues to be fully compensated through court leave.

516.42 Court Service Outside of Regular Working Hours or Regular

Working Days

Employees who perform court service outside of their basic workweek (on

scheduled days off) or outside of their scheduled tour of duty, for which no

court leave is granted, may accept and retain the jury or witness fees or

payment received incidental to such court service.

516.43 Holidays

Fees received for court service falling on a holiday within an employee’s

basic workweek may be retained by the employee provided the employee

would have been excused from regular postal duties on the holiday.

516.44 Annual Leave or LWOP

Employees who are on annual leave and do not change, or are not eligible to

change, the annual leave to court leave or who are on LWOP for court

service may retain fees or payment received incidental to such service.

516.45 Recording and Reporting of Fees

Postmasters record and report fees in accordance with instructions in

Handbook F-1, 793. Other installation heads forward collections of jury or

witness fees to the disbursing officer, Eagan ASC. If court service is to be

Employee Benefits

Leave

516.6

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performed in a state court, the installation head determines the exact amount

of compensation received from the state.

516.5 Official Duty

516.51 Definition

An employee is in an

official duty status

(as distinguished from a leave status

and without regard to any entitlement to court leave) if assigned by the Postal

Service or summoned by proper authority to:

a. Testify in a judicial proceeding or produce official postal records on

behalf of the United States or the District of Columbia. (Such testimony

may be in an official or nonofficial capacity.)

b. Testify in a judicial proceeding in an official capacity or produce official

postal records on behalf of a party other than the United States or the

District of Columbia.

Note:

Official duty

means that the testimony the witness provides concerns

the witness’s specialized knowledge of Postal Service facts, procedures, or

methods gained by performing his or her job. For example, a postal

supervisor would be in an official capacity if called to explain how the Postal

Service processes a particular class of mail. A carrier would be in an official

capacity if called to confirm a delivery he or she made. On the other hand, a

carrier would not be in an official capacity as a witness to a car accident,

even if a postal vehicle were involved, because observing car accidents is not

part of a carrier’s job.

516.52 Compensation

Employees who perform witness service in an official duty status are paid

their regular salaries as Postal Service employees, including any applicable

night differential and overtime pay. In addition, such employees collect the

authorized fees and any allowances for travel and subsistence expenses and

retain an amount equal to actual allowable expenses. All amounts collected

over and above the amount of the employee’s actual allowable expenses are

remitted to the postal official in charge (see Handbook F-15,

Travel and

Relocation,

9-1.2).

516.6 Witness Service in a Nonofficial Capacity on Behalf of a

Private Party

An employee who is summoned to testify in a nonofficial capacity (as a

private individual) on behalf of a private party is

not

performing official duty.

The employee’s absence is charged to court leave if the testimony is given in

a judicial proceeding to which the Postal Service is a party or the real party in

interest. If the Postal Service is not a party or the real party in interest, the

employee’s absence is charged to annual leave or LWOP.

517

Employee Benefits

Leave

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517 Paid Military Leave

517.1 General

517.11 Postal Service Support

The U.S. Postal Service supports employee service in the Reserve or

National Guard, and no action is permitted to discourage either voluntary or

involuntary participation. The U.S. Postal Service allows employees to be

absent:

a. To participate in drills or meetings scheduled by the National Guard or

Reserve Units of the armed forces.

b. To attend usual summer training periods.

c. To perform any other active duty ordered by the National Guard and

Reserve Units of the armed forces.

d. However, eligible employees are entitled to paid military leave only for

such duty as and to the extent provided below.

517.12 Definition

Paid military leave

is authorized absence from postal duties without loss of

pay, time, or performance rating, granted to eligible employees who are

members of the National Guard or Reservists of the armed forces.

517.13 Types of Duty

517.131 Duty Covered for Members of the Reserves and National Guard, Except

D.C. National Guard

Types of duty covered as paid military leave include:

a. Active duty, field, and coast defense training.

b. Scheduled drills.

c. Service providing military aid for law enforcement purposes.

517.132 Duty Covered for Members of the D.C. National Guard

Types of duty covered as paid military leave include:

a. Parade or encampment activities of the D.C. National Guard.

b. Service providing military aid for law enforcement purposes as provided

in 517.43.

517.133 Duty Not Covered

Types of duty

not

covered as paid military leave include:

a. Summer training as a member of Reserve Officer Training Corps.

b. Temporary Coast Guard Reserve.

c. Service with the National Guard, if ordered by the State Governors

without authority of the Department of Defense, except when such

service is in connection with regular annual encampment or for law

enforcement purposes as specified in 517.43.

Employee Benefits

Leave

517.31

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357

d. Training with a State Guard or other state military organization that is

not a part of the National Guard or that was created to take the place of

the National Guard during an emergency.

e. Weekly drills as member of D.C. National Guard.

f. Civil Air Patrol, established as a civilian auxiliary of the U.S. Air Force,

and similar reserve and guard auxiliary organizations.

g. Time taken on a workday to travel to the place where training is to

begin, unless military training orders encompass the period of travel

time required.

517.2 Eligibility

517.21 Eligible Employees

Career postal employees, i.e., full-time, part-time regular, and part-time

flexible employees who are members of the following components of the

armed forces, are eligible for paid military leave:

a. The Army National Guard of the United States.

b. The Army Reserve.

c. The Naval Reserve.

d. The Marine Corps Reserve.

e. The Air National Guard of the United States.

f. The Coast Guard Reserve.

g. The Air Force Reserve.

517.22 Ineligible Employees

Permitted to be absent, but not eligible for paid military leave, are noncareer

employees such as the following:

a. Casual employees.

b. Contract workers.

c. Noncareer rural carriers.

d. Temporary employees.

e. Transitional employees.

517.3 Procedures

517.31 Approval

The employee is to complete a Form 3971,

Request For or Notification of

Absence,

before the period of absence. Sufficient notice is required for

making necessary arrangements for replacements. If the employee does not

learn of the need for the absence until later, notice is to be given as soon

possible. The official responsible for approving the attendance record also

approves military leave.

517.32

Employee Benefits

Leave

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517.32 Use of Mixed Leave

Normally the first days of a longer period of military duty are charged to

military leave. If circumstances warrant it, any other scheduled workdays

during the longer active duty period may be designated as military leave

instead of the days at the beginning of the military duty.

517.33 Use of Leave Intermittently

Military leave may be taken intermittently.

517.34 Return From Duty

For paid military leave approval, upon return from military duty to the Postal

Service, the employee furnishes a copy of military orders or other

documentation properly endorsed by appropriate military authority to show

the duty was actually performed.

517.4 Military Leave Allowances

517.41 General Allowance

Eligible full-time and part-time employees receive credit for paid military leave

as follows:

Full-time employee

other than D.C. National Guard

— 15 calendar days

(120 hours) each fiscal year.

Part-time employee

other than D.C. National Guard

— 1 hour of military

leave for each 26 hours in pay status in the preceding fiscal year

provided:

(1) Employee was in pay status a minimum of 1,040 hours in the

preceding fiscal year, and

(2) Employee’s pay for military leave does not exceed 80 hours.

D.C. National Guard

— all days (no limit) of parade or encampment

duty ordered under title 39, District of Columbia Code.

517.42 Previous Service

Employees transferring to the Postal Service from other government

agencies are entitled to credit for paid military leave purposes for government

service performed prior to appointment as part-time employees. Any other

creditable federal civilian service rendered during the prior fiscal year is also

used in computing the required 1,040 hours. Creditable service is determined

by requesting a transcript from the other agency detailing the number of

hours in which the employee was in pay status.

517.43 Law Enforcement Allowance

517.431 State or Jurisdiction Duty

Eligible full-time and part-time employees are granted additional paid military

leave over and above the general allowance if they are ordered by

appropriate authority to provide military aid to enforce the law of their

contracted state or their chartered jurisdiction (e.g., the District of Columbia,

Employee Benefits

Leave

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the Commonwealth of Puerto Rico, or a territory of the U.S.) See approval

procedures in 517.3 . Law enforcement military leave is granted as follows:

Full-time employee

— 22 workdays (176 workhours) each fiscal year.

Part-time employee

— 1 hour of military leave for each 13 hours of

service performed as a part-time employee in the fiscal year preceding

the request provided both of the following conditions apply:

(1) Employee has worked at least 1,040 hours during the preceding

fiscal year.

(2) Additional leave granted under this section does not exceed 160

workhours in a fiscal year.

Note: Some National Guard and Reserve activities, although prompted by

emergencies, do not involve enforcing the law, such as when guardsmen are

engaged in fighting a forest fire or placing sandbags on a river bank to

prevent flooding. Also, even when an activity can be described as enforcing

the law, it may not involve military aid.

Military aid

is the kind of work

characteristic of, or typically performed by, soldiers. Directing vehicular traffic,

for instance, may concern enforcement of traffic laws, but it would not

ordinarily be considered military aid. The mere fact that National Guardsmen

or Reservists in uniform perform a given function does not necessarily

transform that function into military aid. The duty performed must be

evaluated.

517.432 Allowance for Federal Duty

Paid military leave is not granted for enforcement of federal law or in support

of a federal agency, regardless of the employee’s specific duties.

517.5 Leave Charge Information

517.51 Pay Status Requirement

Generally, an employee must be in pay status either immediately prior to the

beginning of military duty or immediately after the end of military duty in order

to be entitled to military leave with pay. The approving official determines

whether (but for the active duty) the employee fulfills the pay status

requirement.

517.52 Minimum Units

Military leave may be taken in one-hundredths of an hour, except for regular

rural carriers (designation 71) or substitute rural carriers (designation 72),

who must take military leave in minimum units of 8 hours.

517.53 Leave Charge for Nonworkdays

Nonworkdays falling within a period of absence for active duty are charged

against the paid military leave allowed full-time employees during the fiscal

year, but nonworkdays falling at the beginning and end of an active duty

period are not charged. This does not apply to the general allowance for

part-time employees. Nonworkdays are charged during continuous active

duty periods, even when mixed or other leave is taken or when paid military

leave is taken intermittently.

517.54

Employee Benefits

Leave

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517.54 Active Duty Extends Into Another Fiscal Year

Military leave is limited to the applicable general military leave allowance for

any period of continuous active duty even though the period may extend into

more than 1 fiscal year.

517.55 Continuance of Night Differential Pay

Employees regularly assigned in whole or in part to a night tour of duty are

entitled to night differential pay when absent on military leave.

517.56 Absence Beyond the General Military Leave Allowance

517.561 Training Periods

Any absence beyond the general military leave allowance is charged to

annual leave or LWOP regardless of the number of training periods in the

fiscal year.

517.562 Choice of Annual Leave or LWOP

Eligible employees who volunteer or are ordered for a period of military

training or for a period of active military duty beyond the general military

leave allowance may use annual leave or LWOP, at their option.

517.6 Conflict With Work Schedule

517.61 Employee Alternatives

An employee who has official duty orders or official notices signed by

appropriate military authority for weekly, biweekly, or monthly training

meetings and who has a conflict with scheduled work requirements may

choose one of four ways of meeting the military obligation:

a. Use military leave not in excess of the general military leave allowance.

b. Use annual leave.

c. Use LWOP.

d. Arrange a mutually agreeable trade of workdays and days off with

another employee who is qualified to replace the absent employee.

Such trades must be cleared with the responsible supervisor and must

be in accordance with the terms of collective bargaining agreements.

517.62 Administrative Policy

517.621 Reassignments

The following provisions concern reassignments:

a. Arbitrary reassignments of other employees are not made to permit

absences of employees for military duty. An employee having military

drills or military training responsibility should attempt to bid on a work

assignment (when the opportunity presents itself) that will not conflict

with military duties.

b. Employees requesting a temporary schedule change must submit Form

3189 (with Form 3971) to the appropriate postal official at their

installation (see Handbook F-21, 232.23).

Employee Benefits

Leave

517.73

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517.622 Rescheduling

An employee desiring absences for military duty may be rescheduled if such

action can be taken without increasing costs or adversely affecting the

service to other employees. Every effort should be made to work out these

problems as satisfactorily as possible.

517.7 Records Control

517.71 Form 3973

Form 3973,

Military Leave Control,

provides installations with an official

record of the amount of military leave used. Timekeepers or other officials

responsible for processing time cards maintain a file of Form 3973. The forms

are retained for 3 years after the end of the pay period in which the leave was

taken.

Form 3973 is used to monitor paid military leave and charges for

nonworkdays. As with annual leave and sick leave, military leave requested

in excess of amounts provided in 517 are automatically charged to LWOP.

Offices must follow the procedures below to ensure that the payroll system

functions effectively.

517.72 General Paid Military Leave

The following provisions concern general paid military leave allowance:

Full-Time Employees.

When full-time employees request general paid

military leave, i.e., for other than law enforcement duty, offices must

check AAD935P3,

Military — Leave Report,

to ascertain whether

military leave has been advanced . If it has not, offices must submit

their requests for a credit of 120 hours military leave to Payroll

Processing, Eagan ASC.

Part-Time Employees.

For a part-time employee, installations should

check AAD935P4,

Military — Leave Potential Report,

for the number of

hours the employee is entitled and submit a request for an advance of

the hours authorized on the report.

Transfers From Other Agencies.

When an employee transfers from

another federal agency, a transcript must be requested detailing hours

in a pay status in the prior fiscal year and the military leave used in the

current fiscal year. These hours are sent to Payroll Processing, Eagan

ASC, and are used in addition to the hours on the AAD935P4 report to

determine hours to be advanced.

Noncareer Employees.

Offices may not authorize paid military leave for

noncareer employees.

517.73 Paid Military Leave for Law Enforcement

If a leave request is for law enforcement purposes, installations must submit

a memorandum to Payroll Processing, Eagan ASC, requesting advancement

of paid military leave for law enforcement purposes for the number of hours

requested, not to exceed 176 hours for a full-time employee or, for a part-time

employee, the number of hours of law enforcement leave to which the

518

Employee Benefits

Leave

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employee is entitled as shown in the AAD935P4 report. If regular military

leave has not been advanced, follow the procedures for full-time employees.

518 Holiday Leave

518.1 Observed Holidays

The following 10 days are observed as holidays by the U.S. Postal Service:

a. New Year’s Day January 1.

b. Martin Luther King Jr.’s Birthday 3rd Monday in January.

c. Washington’s Birthday/Presidents’ Day 3rd Monday in February.

d. Memorial Day Last Monday in May.

e. Independence Day July 4.

f. Labor Day 1st Monday in September.

g. Columbus Day 2nd Monday in October.

h. Veterans’ Day November 11.

i. Thanksgiving Day 4th Thursday in November.

j. Christmas Day December 25.

Note: Administrative leave is not granted for absence on state, local, or

religious holidays. To the fullest extent practicable, annual leave or LWOP is

granted to employees for observance of their religious holidays.

518.2 Holidays on Nonscheduled Workdays

518.21 Saturday

When a holiday falls on a Saturday, the preceding Friday is observed as the

holiday.

518.22 Sunday

When a holiday falls on Sunday, the following Monday is observed as the

holiday.

518.23 Nonscheduled Workday

When an employee’s nonscheduled workday falls on a day observed as a

holiday, the employee’s scheduled workday preceding the holiday is

designated as that employee’s holiday.

518.3 Holidays on Scheduled Workdays

Holidays falling on an employee’s scheduled workday are observed on those

days.

518.4 Eligibility for Holiday Pay

See 434.4.

Employee Benefits

Leave

519.212

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518.5 Provisions for Rural Carriers and Substitutes

518.51 Rural Carriers

Rural carriers are not required to report to post offices for any purpose on

legal holidays. When a holiday falls on Sunday, the following Monday is

observed. Rural carriers are not permitted to substitute any other day.

518.52 Substitute Rural Carriers

When the holiday falls on a service day for a triweekly route, the carrier is not

required to serve until the next scheduled service day.

518.6 Provisions for Postmasters

For all full-time postmasters except those in EAS A–E offices, if a holiday falls

on a Saturday that is a nonscheduled workday, the preceding Friday is

designated as the postmaster’s holiday. When necessary, additional

workhour allowances are authorized for those post offices without a senior

supervisor to provide relief coverage during the postmaster’s absence on

holiday leave (see 434.412e).

519 Administrative Leave

519.1 Definition

Administrative leave

is absence from duty authorized by appropriate postal

officials without charge to annual or sick leave and without loss of pay.

Note: Administrative leave is not granted for absences due to donations or

transplants of organs, blood platelets, bone marrow, etc.

519.2 Events and Procedures for Granting Administrative Leave

519.21 Acts of God

519.211 General

Acts of God

involve community disasters such as fire, flood, or storms. The

disaster situation must be general rather than personal in scope and impact.

It must prevent groups of employees from working or reporting to work.

519.212 Authorizing Administrative Leave for Acts of God

The following provisions concern administrative leave for acts of God:

a. Postmasters and other installation heads have authority to approve

administrative leave for up to 1 day.

b. District managers and Postal Career Executive Service (PCES) plant

managers may authorize administrative leave beyond 1 day, but not to

exceed a total of 3 days, for their installation and those reporting to it.

c. District managers and senior or lead plant managers may approve

administrative leave for periods up to and in excess of 3 days for their

installation and those reporting to it.

519.213

Employee Benefits

Leave

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519.213 Determining the Cause of Absence

Postmasters and other appropriate postal officials determine whether

absences from duty allegedly due to “acts of God” were, in fact, due to such

cause or whether the employee or employees in question could, with

reasonable diligence, have reported for duty.

519.214 Early Dismissal Due to Acts of God

When employees are dismissed from duty before the normal completion of

their duty due to an act of God, the following applies:

a. Full-time employees are entitled to credit for hours worked plus enough

administrative leave to complete their tour of duty. This combination of

work and leave is not to exceed 8 hours in any one day.

b. Part-time regular employees are entitled to credit for hours worked plus

enough administrative leave to complete their scheduled hours of duty.

This combination of work and leave is not to exceed 8 hours in any one

day.

c. Part-time flexible employees are entitled to credit for hours worked plus

enough administrative leave to complete their scheduled tour. The

combination of straight time worked and administrative leave may not

exceed 8 hours in a service day. If there is a question as to the

scheduled workhours, the part-time flexible employee is entitled to the

greater of the following:

(1) The number of hours the part-time flexible worked on the same

service day in the previous service week.

(2) The number of hours the part-time flexible was scheduled to

work.

(3) The guaranteed hours as provided in the applicable national

agreement.

519.215 Employees Prevented From Reporting

Employees scheduled to report who are prevented from reporting or, who

after reporting, are prevented from working by an act of God may be excused

as follows:

a. Full-time and part-time regular employees receive administrative leave

to cover their scheduled tour of duty not to exceed 8 hours.

b. Part-time flexible employees receive administrative leave, subject to the

8-hour limitation, for their scheduled workhours, as provided in

519.214c.

519.216 Employees on Annual Leave

Employees on annual leave, sick leave, or LWOP remain in such status. They

are not entitled to administrative leave.

519.217 Substitute Rural Carriers and Rural Carrier Associates

Substitute rural carriers and RCAs in a leave-earning status are treated the

same as rural carriers:

a. If they are scheduled for duty and are unable to report to the postal

installation, administrative leave is granted for the full day that the

Employee Benefits

Leave

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employees are scheduled to serve their routes. No equipment

maintenance allowance is paid.

b. If employees are scheduled for duty and report to the postal installation

but are unable to serve all or part of their routes through no fault of their

own, they may be granted administrative leave for the remainder of the

normal tour of duty for that day. Payment for equipment maintenance

allowance is made, if appropriate, because employees are considered

to be in duty status.

519.22 Civil Disorders

519.221 Decision to Curtail or Terminate Postal Operations

During times of civil disorders in communities, the postmaster or installation

head determines whether conditions are such that postal operations are

curtailed or terminated, taking into account the needs of the service, local

conditions, and the welfare of postal employees.

519.222 Civil Disorder Extends Beyond Three Days

When civil disorder extends beyond 3 days and administrative leave is

indicated as being necessary, prior approval is obtained through the district

manager or senior or lead plant manager.

519.223 Early Dismissal

Employees dismissed early because of civil disorder are treated the same as

for early dismissals for acts of God (see 519.214).

519.224 Employees Prevented From Reporting

Postmasters and installation heads are authorized to grant up to 3 days of

administrative leave on a day-to-day basis to those employees who, through

no fault of their own, are prevented from reporting to work. The following

applies:

a. Full-time and part-time regular employees prevented from reporting in

civil disorder situations are treated the same as employees in the act of

God situation (see 519.214a and 519.214b).

b. Part-time flexible employees are not granted administrative leave

except if scheduled to report but are prevented from doing so.

Provisions in 519.214c apply.

519.23 State and Local Civil Defense Programs

519.231 No Charge to Leave

Full-time employees who volunteer and are selected by state or local

authorities for civil defense assignments are authorized to participate in

pre-emergency training programs and test exercises conducted by the state

or local government. Participation in these activities during the employee’s

regularly scheduled tour of duty cannot exceed more than 40 hours of

administrative leave in any 1 leave year.

519.232 Annual or LWOP

Employees who participate in civil defense activities other than those cited in

519.231 are granted annual leave or LWOP if it is possible to spare them

without undue interference with the needs of the Postal Service.

519.233

Employee Benefits

Leave

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519.233 Availability for Civil Defense Assignment

Employees are designated as available for assignment to civil defense

activities subject to the following conditions:

a. The employee’s participation is requested by the state or local civil

defense authorities.

b. Within reason, the employee is expected to be available for assignment

to civil defense activities in the event of an emergency.

c. The employee can be spared from regular duties for the required

periods of participation.

519.234 Key Role Restriction

Key roles in civil defense activities are

not

assigned to employees for whom a

certificate of availability has been granted for military duty.

519.235 Statement Requirement

On return to duty, employees are required to submit a written statement from

the state or local civil defense authorities showing days or hours of their

participation.

519.24 Voting or Registering to Vote

519.241 Policy

Employees are encouraged to exercise their voting rights. So far as is

practicable without seriously interfering with service, postal employees,

excluding casual and temporary employees, who desire to vote or register in

any election or in any referendum on a civic matter in their community are

excused for a reasonable time for that purpose on a day they are scheduled

to work. Casual and temporary workers are encouraged to vote but are not

eligible for administrative leave for this purpose.

519.242 Administrative Determination

Postal officials in charge of installations obtain necessary information

concerning the hours during which the polls are open in the political

subdivisions in which their employees reside. They then make an

administrative determination regarding the amount of excused absence

necessary (and limits in accordance with 519.243). Employees are notified of

this determination and of the procedures to be followed in obtaining advance

approval for the absence.

519.243 Voting

The following provisions concern time allowed for voting:

Three-Hour Rule.

As a general rule, if the polls are not open at least 3

hours either before or after an employee’s scheduled hours of work, the

employees may be excused for the length of time that permits them to

report for work 3 hours after the polls open or to leave work 3 hours

before the polls close, whichever requires the lesser amount of time off.

Exception to Three-Hour Rule.

Under exceptional circumstances, if the

general rule in 519.243a does not permit sufficient time, an employee

may be excused for the additional time needed to vote. However, time

off must not exceed a full day.

Employee Benefits

Leave

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Charge to Annual Leave or LWOP.

If an employee’s voting place is

beyond normal commuting distance and if voting by absentee ballot is

not permitted, employees may be granted sufficient time off to be able

to make the trip to the voting place to cast their ballots. When more

than 1 day is required to make the trip to the voting place, postal

officials observe a liberal policy in granting necessary time off for this

purpose. Time off in excess of 1 day is charged to annual leave or, if

annual leave is exhausted or the employee so requests, it is charged to

LWOP.

519.244 Registration

If the employee votes in a jurisdiction that requires registration in person, time

off to register is granted on substantially the same basis as for voting, except

that no time is granted if registration can be accomplished on a nonworkday

and the place of registration is within a (reasonable) 1 day, round trip travel

distance of the employee’s place of residence.

519.245 Restrictions

An employee is not allowed administrative leave for voting or registration

during a period of absence on sick leave, annual leave, or LWOP pay.

519.25 Blood Donations

519.251 Policy

All postal employees are urged to cooperate fully with the public blood

donation programs for the health and security of their community. The time

necessary includes the time required for travel and the time required by the

medical facility to process the blood donations.

519.252 Time Allowed

The following provisions concern time allowed for blood donations:

General Allowance.

Postal employees may be excused for that period

of time deemed reasonably necessary to cover any absence from

regular tours of duty to make voluntary blood donations, without

remuneration, to the Red Cross, the community, or other nonprofit

blood bank. This regulation does not apply to those employees who

participate in this program on their own time, off duty.

Additional Time.

In the case of employees in occupations for which the

blood bank recommends additional time off following the blood

donation, the time necessary includes the additional time

recommended by the blood bank. Every effort should be made to have

blood donations for such employees scheduled near the end of their

tour of duty.

519.253 Restrictions

The following provisions concern restrictions on time allowed for blood

donations:

a. The time allowed may in no instance exceed 8 hours. A full day’s

administrative leave may be granted only when there are unusual

circumstances, such as in rural areas where considerable travel may be

involved. It is not intended that a full day’s administrative leave be

519.254

Employee Benefits

Leave

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granted any employee for donating blood when the blood bank or

facility is nearby.

b. Administrative leave for blood donation may be granted during a

regular tour of the employee’s basic workweek, but only on the date of

the blood donation. It is not granted to employees on suspension or in

any nonpay status.

519.254 Facility Arrangements

For group donations, postmasters or installation heads make arrangements

with the blood bank to provide facilities (mobile) for on-site participation or

arrange the hours of donation to present the least interruption and cost to the

Postal Service.

519.26 Funeral Services

519.261 Absence of Veterans to Attend Funeral Services

Full-time Postal Service employees (except rural carriers) who are veterans

of any war, campaign, or expedition (for which a campaign badge has been

authorized, see Exhibit 512.232a), or who are members of honor or

ceremonial groups or organizations of such veterans, may be granted

administrative leave, not to exceed 4 hours in any one day, to participate in

funeral ceremonies for members of the Armed Forces of the United States

whose remains are returned from abroad for final interment in the United

States. Such participation is limited to service as active pallbearers or as

members of firing squads or guards of honor. Absences in excess of 4 hours

in any one day are charged to annual leave or to LWOP.

519.262 Funeral of Immediate Relatives Who Died in Combat Zone

Administrative leave not to exceed 3 days is granted to employees to make

arrangements for, or to attend the funeral of, or memorial service for, an

immediate relative who died as a result of wounds, disease, or injury incurred

while serving as a member of the Armed Forces of the United States in a

combat zone. An

immediate relative

is defined as:

a. Spouse and his or her parents.

b. Children and their spouses.

c. Parents.

d. Brothers, sisters, and brothers-in-law and sisters-in-law (brothers and

sisters of spouses and spouses of brothers and sisters).

519.27 Postmaster Organizations

519.271 Conventions

The following provisions concern time allowed for career postmasters to

attend postmaster organization conventions:

Time Limitation.

Up to 5 working days of administrative leave with pay

are authorized for postmasters for the purpose of attending postmaster

organization, state, and/or national conventions. These 5 working days

(inclusive of travel time) may be used in a leave year as follows:

(1) For actual attendance at one postmaster organization’s annual

national convention, and/or at the postmaster organization’s

Employee Benefits

Leave

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annual state or multi-state convention that is held for the district in

which the postmaster’s installation is located.

(2) For the travel time that is actually required by a postmaster in

order to attend the national and/or state conventions provided

such travel time is also during a regularly scheduled workday.

Restriction.

Administrative leave is not authorized for any other

meeting, including training sessions or any other meetings or

conferences sponsored by the management organizations.

Advance Approval.

Application for the intended absence must be

approved in advance by the Postal Service manager to whom the

postmaster directly reports. Any request for annual leave or LWOP to

supplement administrative leave must be approved in advance by the

postal manager to whom the postmaster directly reports. The

postmaster should complete a Form 3971,

Request for or Notification of

Absence,

prior to taking such leave.

Verification of Attendance.

Supporting documentation such as hotel

receipts and confirmation of convention registration may be requested

by the postal manager to whom the postmaster reports following

attendance at any state or national convention for which administrative

leave has been extended.

519.272 Recording Leave at Time Card Offices

Postmasters record their own leave. Administrative leave is recorded in the

“OL” column. LWOP is recorded on time cards in the “WOP” column using the

following symbols:

For national conventions N/(number of hours)

For state conventions S/(number of hours)

For convention travel T/(number of hours)

519.273 Travel or Per Diem

The Postal Service does not pay the postmaster’s travel or per diem

expenses for travel to or attendance at conventions.

519.28 Physical Examination for Entry Into Armed Forces

Postal employees who are scheduled for physical examination for entry into

the armed forces at times when they are also scheduled for postal duty are

given administrative leave for the time necessary to take the examination.

519.3 Relocation Leave

519.31 Policy

An employee who is transferred or relocated in the interest of the Postal

Service from one official station to another in the Postal Service is entitled to

5 days of administrative leave. The 5 days of administrative leave are not

charged to any other leave.

519.32

Employee Benefits

Leave

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519.32 Requirements

An actual physical move of the employee’s household is a requirement for

eligibility for relocation leave. Therefore, employees who are relocated to

another duty station in the same commuting area who do not move their

households are not eligible. The following employees are entitled to 5 days of

relocation leave with pay when directed to transfer or relocate:

a. Employees who are transferred or relocated from one official duty

station to another in the interest of the Postal Service.

b. Employees who request and accept a transfer in lieu of a separation or

demotion when separation or demotion is not for personal cause.

519.33 Notation on Form 50

If any leave is granted by the losing duty station, the number of days allowed

is noted in the Remarks section of the reassignment Form 50,

Notification of

Personnel Action

. Before granting relocation leave, the gaining duty station

reviews the losing station’s Form 50 to determine the additional leave that

may be allowed.

519.34 Limitations

Relocation leave may be taken before or after the physical move and may be

taken a day or more at a time; it must be taken in whole days. In no instance

does it exceed a total of 5 days. In the event that the employee later decides

not to transfer to the new station, all relocation leave taken is charged to

annual leave or LWOP.

519.4 Special Events

The postmaster general, deputy postmaster general, or chief operating officer

may approve the use of administrative leave for spouses or guests who are

postal employees when they are invited by the Postal Service to attend a

special event. The invitation from the postmaster general, deputy postmaster

general, or chief operating officer must include the spouse or guest

attendance as well as the allowable period of administrative leave authorized

for the specific special event. The invitation must be attached to the Form

3971

, Request for or Notification of Absence,

and submitted to the spouse’s

or guest’s supervisor in advance of the leave.

519.5 First-Aid Examination and Treatment for On-the-Job Injury

or Illness

519.51 Employee on Regular Tour

If an employee on a regular tour of duty is injured or becomes ill and the

injury or illness can be treated so that the employee can return to duty during

that tour, the employee is excused without charge to annual or sick leave.

The employee is not required to clock out when leaving the place of duty for

first-aid examination or treatment.

Employee Benefits

Leave

519.633

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519.52 Employee in Overtime Status

When an employee is directed by management to an on- or off-site medical

unit due to illness or injury, all time spent waiting for and/or receiving medical

attention on the service day on which the illness or injury occurs, which would

have been worked but for the medical attention, is credited as work time even

though overtime hours may be involved. The employee’s time card is so

noted and initialed by the supervisor.

519.6 Nonbargaining Unit Personal Absence

519.61 Definition

Nonbargaining unit employees’ personal absence time is paid time off. It is

not charged as annual leave, sick leave, or any other paid leave category.

Only FLSA-exempt employees are eligible for such time off.

519.62 Policy

Nonbargaining unit exempt employees are paid on a salary basis. This

means that under the FLSA they are not considered to be hourly rate

employees. Therefore, except for absences due to conditions covered by

FMLA, partial day absences are paid the same as work time. While exempt

employees are expected to work a full day, they may request time off to

attend to personal matters during the workday. If approved, the time off is

“personal absence time” and is not charged to annual leave, sick leave, or

LWOP.

519.63 Limitations and Exceptions

519.631 Full-Day Absences

Except as provided for in 519.733 below, personal absence time is not

authorized for a full-day absence, which must be charged to annual leave,

sick leave, or LWOP, as appropriate. Exempt employees who intend to be

absent from work for more than a half day on a workday should apply in

advance for a full day of annual leave, sick leave, or LWOP, unless the

absence is for an FMLA-covered condition.

519.632 Partial-Day Absences

Normally, personal absence time is limited to no more than half an

employee’s workday. However, when an unanticipated need for time off

occurs after the employee reports to work and the employee is allowed to

leave work but is unable to return, the half-day limit does not apply. For

example, when an employee gets sick after 2 hours at work and must leave

for the remaining 6 hours of the workday, the entire 6 hours is treated as

personal absence time. However, in the case of partial-day absences for

FMLA-covered conditions, managers may require the use of an appropriate

leave category, e.g., sick leave.

519.633 Directed to Work

When exempt employees are directed to work a full day on a holiday or other

full day in addition to normal workdays, the supervisor may grant a full day of

personal absence without charging it to official leave.

519.64

Employee Benefits

Leave

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519.64 Administration

519.641 General

Full-time exempt employees are expected to work a full day and part-time

exempt employees are expected to work the full or partial day specified at the

time of their employment. A full day is defined to include the continuous or

nearly continuous time that an employee normally works in a 24-hour period.

A half day is half that number of hours.

519.642 Approval

Except for postmasters and installation heads, exempt employees must

obtain prior approval from their supervisors for all absences, whether or not

such absences are to be charged to the employee’s leave account. At the

discretion of the installation head, Form 3971,

Request for or Notification of

Absence,

may be used to request personal absences not charged to leave.

Postmasters and installation heads normally are not required to obtain

advance approval for personal absences. They are required, however, to

keep an accurate record of all such absences and generally to keep their

manager informed of planned periods away from the office. In this respect,

the manager may require the use of Form 3971 to report absences. On an

individual basis, vice presidents of Area Operations may require that a

postmaster or installation head obtain advance approval of all absences,

including personal absences, from the plant or district manager, as

appropriate, when the individual’s previous performance warrants such

action.

When Form 3971 is used for personal absence time, it must indicate in

Remarks: “Do not charge to leave.”

519.643 Full-Day Leave

Each full day of approved absence is to be charged to official leave.

Absences such as court leave, military leave, holiday leave, donated leave,

continuation of pay, and all administrative leave are to be approved and

reflected on an exempt employee’s time record.

519.65 Management Controls

519.651 Responsibility

Managers are responsible for controlling the workhours of their exempt

employees. They may require the attendance of these employees during and

outside of regular service hours and, when warranted, may disapprove

advance requests for late arrivals, early departures, or other absences, as

well as leave. These instructions are not intended to be overly restrictive, but

managers must be aware of the frequency of requests for personal leave,

recognize patterns in the use of this leave, and be alert to possible abuse.

They must also give consideration to the amount of the current workload or

urgency of a particular program or project that requires the employee’s

presence.

519.652 Administration

This program must be administered in a fair and equitable manner. Managers

must advise their employees of the reasons for

requiring their attendance

Employee Benefits

Leave

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during or outside of regular service hours and for denying their requests for

personal absence or leave. Employees are also to be given the opportunity to

informally discuss the decision with the managers.