UNCLASSIFIED (U)

3 FAH-1 H-3460

OTHER PAID LEAVE

(CT:POH-218;   05-17-2019)
(Office of Origin:  HR/ER)

3 FAH-1 H-3461  EXCUSED ABSENCE

3 FAH-1 H-3461.1  Definition

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Excused absence is an absence from duty administratively authorized or approved and does not result in a charge to leave of any kind or in loss of basic salary.

3 FAH-1 H-3461.2  Granting Authorities

3 FAH-1 H-3461.2-1  Granting Authority for Nonconduct-Related Administrative Leave

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Excused absence for the purposes shown in 3 FAM 3464.1-1 and this associated handbook subchapter may be authorized by the leave approving officer authorized to grant annual leave listed in 3 FAH-1 H-3417.2.

3 FAH-1 H-3461.2-2  Granting Authority for Conduct-Related Administrative Leave

(CT:POH-157;   03-07-2013)
(State/USAID Only)
(Applies to Foreign Service and Civil Service Employees)

a. Excused absence for the purpose shown in 3 FAM 3464.1-2 may be authorized as shown below, following the procedures of 3 FAH-1 H-3461.6:

Employee

Period of Excused Absence

Approval Officer

Foreign Service Employees at Post

Not to exceed 16 hours

Ambassador or Deputy Chief of Mission at Post

Foreign Service Employees in the U.S. and Civil Service Employees

Not to exceed 16 hours

Executive Directors of employing bureau

Foreign Service and Civil Service

More than 16 hours

DAS for Human Resources with disciplinary portfolio

b. For USAID:  Excused absence may be authorized for conduct-related reasons in limited circumstances as provided by 3 FAM 3464.1-2.  Any requests for excused absence for conduct-related reasons should be coordinated with the Employee and Labor Relations Division (OHR/ELR) and approved by the DAA/HR.

3 FAH-1 H-3461.3  Granting Excused Absences of 1 Hour or Less for Tardiness or Emergency

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. In accordance with 3 FAM 3464.1, absences from duty for emergencies and tardiness not in excess of 1 hour may be excused.  However, leave approving officers are reminded that this authority to grant excused absences should be used judiciously.  It must not be used, in any event, to shorten the regular workday of an employee.

b. Timekeepers will report incidents of tardiness and temporary absences to the employee’s leave approving officer.  Under ordinary circumstances when such absences are unavoidable or unexpected and necessary for adequate reasons, they should be excused.  The leave approving official will determine, based on the circumstances, whether the employee is to be granted excused absence or charged leave and will notify the timekeeper accordingly.

c.  In the event the employee abuses this privilege, such absence and tardiness shall be handled by a charge against annual leave or absence without leave, or by disciplinary action.

3 FAH-1 H-3461.4  Consultation with Counselors

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Excused absence may be granted for an absence from official duty during which an employee is utilizing the service of a counselor provided by the Department.  Except in unusual cases, however, the total period of absence authorized for this purpose should not exceed 2 hours.

3 FAH-1 H-3461.5  Grievance Preparation and Presentation

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service Employees)

A member of the Foreign Service (FS) who is a grievant under Chapter 11 of the Foreign Service Act, and any employee serving as a representative of the member will be granted excused absence for a reasonable period in order to prepare for and present the grievance.

3 FAH-1 H-3461.6  Conduct-Related Administrative Leave

3 FAH-1 H-3461.6-1  Conduct-Related Administrative Leave – 16 Hours or Less

(CT:POH-157;   03-07-2013)
(State only)
(Applies to Foreign Service and Civil Service Employees)

a. Administrative leave for conduct-related reasons, which will not exceed 16 hours in total, may be approved by bureau executive directors or, at post, by ambassadors or deputy chiefs of mission.

b. An official described above or his or her designee must notify the Director, Office of Employee Relations (HR/ER), of any administrative leave approved under this section.  The notification must be in writing and explain the basis for placing the employee in a paid nonduty status.  It must be submitted to the (HR/ER) within 1 business day of the start of administrative leave.

c.  If it is anticipated that more than 16 hours of administrative leave will be necessary, an official described in 3 FAH-1 H-3461.2-2 may authorize the initial 16 hours and submit a request for approval of additional time within 1 business day, as provided in 3 FAH-1 H-3461.6-2.

3 FAH-1 H-3461.6-2  Conduct-Related Administrative Leave – More than 16 Hours

(CT:POH-157;   03-07-2013)
(State only)
(Applies to Foreign Service and Civil Service Employees)

a. Administrative leave anticipated to last more than 16 hours must be approved in advance by the Deputy Assistant Secretary for Human Resources (DAS) responsible for the discipline portfolio.

b. All requests for approval of administrative leave must be submitted to the DAS in writing with a copy to the Director, Office of Employee Relations (HR/ER).

c.  Written requests for administrative leave approval must include:

(1)  Specific information about the nature of the misconduct and the employee’s position;

(2)  The problem the employee’s continued presence in the workplace may cause (e.g., physical harm to self or others, destruction of official records, etc.);

(3)  What actions management will take while the employee is on leave (e.g., completion of investigation or inquiry, initiation of disciplinary action, enforced leave, indefinite suspension, etc.); and

(4)  What consideration has been given to other alternatives such as restricted access or temporary assignment to another available position.

d. In an emergency situation requiring the immediate removal of an employee from the workplace before obtaining approval of the DAS, the employee may be placed on administrative leave not to exceed 16 hours by the appropriate approval officer with a written request for approval of an extension of administrative leave submitted to the DAS as provided in 3 FAH-1 H-3461.6-2, paragraphs a, b, and c within 1 business day of the start of administrative leave.

3 FAH-1 H-3461.6-3  Employee Notification of Conduct-Related Administrative Leave

(CT:POH-157;   03-07-2013)
(State only)
(Applies to Foreign Service and Civil Service Employees)

An employee who is placed on administrative leave for conduct-related reasons must receive timely written notice from the authorized management official.

3 FAH-1 H-3461.6-4  Reporting Requirement for Conduct-Related Administrative Leave

(CT:POH-157;   03-07-2013)
(State only)
(Applies to Foreign Service and Civil Service Employees)

a. An official described in 3 FAH-1 H-3461.6-1 or his or her designee is responsible for ensuring that conduct-related administrative leave is accurately reflected on the employee’s timesheet.

b. Conduct-related administrative leave must be recorded as code XA, and the remarks section of the XA code must reflect “admin leave per memo dated xx-xx-xxxxx” throughout the period of administrative leave regardless of its duration.

c.  Each U.S. mission abroad that granted administrative leave for a conduct-related reason during the previous quarter must submit a summary report to the Director, Office of Employee Relations (HR/ER).  The reports must provide the name of each employee and the inclusive dates of the period of administrative leave.  Reports are due as follows:

·         First Quarter       April 30

·         Second Quarter   July 31

·         Third Quarter      October 31

·         Fourth Quarter    January 31

3 FAH-1 H-3462  LOCAL HOLIDAYS

3 FAH-1 H-3462.1  Absence on Local Holidays

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. 3 FAM 3464.1, subparagraph (8), provides that, under certain circumstances, a post may be closed due to a local holiday.  Other than as provided in 3 FAM 3464.1, subparagraph (8), there is no administrative discretion to excuse U.S. citizen employees from duty without charge to annual leave solely on the ground that the days of absence are local holidays at the place of employment.

b. American direct-hire employees assigned abroad are eligible to receive local holidays when outside of country of assignment on personal travel.  Employees who travel on government-funded travel are not authorized local holidays once they leave the country of assignment.

3 FAH-1 H-3462.2  Duty on Local Holidays

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

When a post has been closed for a local holiday under the provisions of 3 FAM 3464.1, subparagraph (8), the approving officer for each agency has authority to order U.S.-citizen employees to work on local holidays that fall within the basic workweek.  Work on local holidays by U.S. citizen employees does not entitle them to holiday pay or compensatory time off and does not constitute overtime unless it is in addition to the basic workweek.

3 FAH-1 H-3463  VOTING

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

3 FAM 3464.2 provides the most common circumstances in which administrative leave for voting may be authorized.  In those rare circumstances where an employee’s voting place is beyond normal commuting distance and vote by absentee ballot is not permitted, the employee may be granted sufficient time off in order to be able to make the trip to the voting place and to cast a ballot:

(1)  The employee must submit a written request for excused absence in excess of 3 hours; and

(2)  Time off in excess of 1 day must be charged to annual leave or, if annual leave is exhausted, to leave without pay.  A liberal policy shall be observed in granting the necessary annual leave for this purpose.

3 FAH-1 H-3464  TIME ZONE DISLOCATION

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

When an employee is granted a time zone dislocation adjustment period upon arrival at a new temporary or permanent duty station as provided in 14 FAM 584.5, no leave will be charged for any portion of that adjustment period which falls during an employee’s normal working hours.

3 FAH-1 H-3465  PACKING AND UNPACKING EFFECTS

(CT:POH-218;   05-17-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a.   A supervisor may excuse a member of the Service to be present at the member’s residence for a period not to exceed 16 work hours for packing and 8 hours for unpacking when required in connection with the member’s:

(1)  Permanent transfer abroad;

(2)  Transfer from one post to another;

(3)  Transfer from abroad to an assignment in the United States; or

(4)  Transfer between domestic assignments located more than 100 miles apart.

b. In exceptional circumstances, where the member can document the need for more time for packing or unpacking, a supervisor may excuse up to an additional 16 work hours for packing and 8 work hours for unpacking.

c.  For Department of Commerce employees:  Where a member can document the need for more time for packing and unpacking, a supervisor may excuse up to an additional 16 work hours for packing and 8 work hours for unpacking.  If three or more companies are involved in the packing and unpacking of household effects (HHE), a supervisor may excuse, for packing and unpacking, up to an additional 8 work hours for each additional company.

d. The periods of leave need not be consecutive.

e. Absence for this purpose in excess of the specified periods in paragraphs a, b, and c of this section must be charged to annual leave, compensatory time, or leave without pay.

3 FAH-1 H-3466  THROUGH 3469 UNASSIGNED

UNCLASSIFIED (U)