Overview of Federal Leave Categories
Advanced Sick Leave
Overview
Advance sick leave is not a routine or standard procedure, but is generally considered for a serious disability, illness, incapacitation, or confinement for and after childbirth.
Limits and Conditions
- Medical documentation is required.
- Must be requested in advance.
- Total Advanced sick leave may not exceed 30 days, or 240 hours
DO NOT APPROVE IF EMPLOYEE:
- Is following special leave procedures
- Return is unlikely
- Ability to repay is unlikely
Annual Leave (AL)
Overview
Annual Leave 
(OPM) is for vacations, rest and relaxation, personal business or emergencies. This also includes leave taken because of an employee’s illness, or the illness of a member of his/her family.
Employees have a right to take annual leave, subject to the right of their supervisor to schedule the time at which annual leave may be taken.
See also: NIH Employee Leave Guide - Annual Leave
Limits and Conditions
Depends on accrued balance and staffing needs of the unit management determines when employee uses it.
- Leave should be requested in advance.
- If denied, must be for a legitimate business reason (i.e., workload, staffing level, etc.).
- Unscheduled leave requests should be rare.
Use or lose annual leave should be managed to avoid low staffing levels.
Annual leave can be advanced as much as the employee is projected to earn until the end of the leave year or if the employee is on a term appointment, until the end of the appointment.
Court Leave
Overview
Court Leave can be used if you must perform Jury duty in a Federal, state or municipal court or to serve as a witness in a judicial proceeding in which the US, DC or state or local Gov't is a party.
Limits and Conditions
- Cannot be granted for jury or witness duty performed within a period of non-pay status -LWOP/AWOL
- Employees serving on an intermittent or when actually employed basis are not eligible for court leave.
Excused Absence (Administrative Leave)
Overview
Excused absence is time off without charge to leave or loss of pay. This leave is sometimes referred to as administrative leave.
Some examples include but are not limited to:
- Voting and voter registration
- Job-related conferences
- Blood donations (up to 2 hrs)
- Visits to HR, EEO, or union representative, OMS related to on the job-related injuries/illness, or job related surveillance program
Limits and Conditions
- May use up to 7 days of paid leave per calendar year to serve as an bone marrow donor.
- May use up to 30 days to be an organ donor in addition to sick leave or annual leave.
- Employees with fewer than 80 hours of accrued sick leave may be granted up to 4 hours for preventive health care
- Admin leave is not typically granted during the process of a disciplinary action.
Family Medical Leave Act (FMLA)
Overview
The Family and Medical Leave Act of 1993 (FMLA) provides covered employees with an entitlement to a total of up to 12 weeks of unpaid leave (LWOP) during any 12 month period for certain family and medical needs.
- An employee may be granted FMLA LWOP by his/her supervisor in lieu of annual leave or sick leave, in cases of an employee’s illness or illness of a family member *, or
- When he/she, as determined by the health authorities having jurisdiction or by a health care provider, could jeopardize the health of others by his/her presence on the job because of exposure to a communicable disease
*Family Member is defined as spouse; son or daughter; or parent of employee.
See also: Family and Medical Leave Act Fact Sheet (OPM)
Federal Employment Entitlements Under the FMLA OF 1993 (OPM)
NIH Policy Manual 2300-630-5 - Family Leave Policies and Programs
Limits and Conditions
- Employee must provide medical certification of the serious illness health condition.
- FMLA may not be retroactively invoked.
- Supervisors may require that the employee complete the appropriate FMLA Medical Certification Form (WH-380-E (DOL) for the employee’s serious health condition or WH-380-F (DOL)for a family member’s serious health condition).
- FMLA may use for up to 12 weeks of unpaid leave per 12 month cycle
- OR the employee may elect to use Annual Leave, Sick Leave or Voluntary Leave Transfer Program in lieu of LWOP (not comp time)
- FMLA can be used intermittently
Federal Employee Family Friendly Leave Act (FEFFLA/FFLA)
Overview
The Federal Employees Family Friendly Leave Act provides for the use of sick leave to care for or attend to family member **
- Bereavement
- Official adoption purposes
**Family Member is defined as parent; spouse; parent of spouse; children & spouses of children; brothers, sisters & spouses thereof; "any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship."
See also: NIH Policy Manual 2300-630-5 - Family Leave Policies and Programs
Limits and Conditions
No documentation is needed. However, if an employee is on special leave procedures, requesting documentation would be appropriate
May use:
- Up to 104 hours.
- 12 weeks for a serious health condition of a family member.
May advance initial 40 hours only.
Leave Without Pay (LWOP)
Overview
Leave without pay (LWOP) is a temporary nonpay status and absence from duty that, in most cases, is granted at an employee's request.
An employee may be granted LWOP by his/her supervisor in lieu of annual leave or sick leave, in cases of:
- His/her own illness, or that of a family member; or
- When he/she, as determined by the health authorities having jurisdiction or by a health care provider, could jeopardize the health of others by his/her presence on the job because of exposure to a communicable disease
- To avoid a break in service for career or career conditional employee who are dependents of a military or Fed civilian employee who is transferred.
Limits and Conditions
Cannot be imposed as a penalty nor can employee be required to apply for LWOP in lieu of a suspension.
Military Leave
Overview
Military Leave is the authorized absence of an employee from official duty to perform FT active military duty, active or inactive for training or law enforcement.
Limits and Conditions
- Must have official military orders calling member to duty
- May be granted up to 15 calendar days per fiscal year.
- Must have permanent appointment
- Employees on temporary appointments with a 1 year NTE date are NOT eligible.
- Employee may be eligible for additional 22 days per year
Sick Leave (SL)
Overview
An employee may use sick leave (OPM) if he/she is:
- Incapacitated for the performance of duties by a physical or mental illness, injury, pregnancy, or childbirth;
- Receiving medical, dental, or optical examinations or treatments; or
- Would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his/her presence on the job because of exposure to a communicable disease.
See also: NIH Employee Leave Guide - Sick Leave
Limits and Conditions
- If absent for more than 3 days documentation may be required.
- Must have a sick leave balance.
Voluntary Leave Transfer Program (VLTP)
Overview
The Voluntary Leave Transfer Program (VLTP) allows participating Federal employees to share their accrued annual leave with other employees who are faced with economic hardship because of insufficient leave to cover a serious medical condition for themselves or a family member.**
**Family Member is defined as parent; spouse; parent of spouse; children & spouses of children; brothers, sisters & spouses thereof; "any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship."
See also: NIH Policy Manual 2300-630-5 - Family Leave Policies and Programs
Limits and Conditions
- Medical documentation required
- Non-pay status minimum 24 continuous hours.
- Must complete NIH VLTP Request application.
- Must remain eligible to receive donations.
- Must exhaust own leave
- Annual leave or restored annual leave donations only.
- Donors may be from other agencies.
- Unused leave restored.
