3 FAH-1 H-3500 
UNPAID LEAVE

3 FAH-1 H-3510 

LEAVE WITHOUT PAY (LWOP)

(CT:POH-181;   06-17-2016)
(Office of Origin:  HR/ER/WLD)

3 FAH-1 H-3511  APPLICATION PROCEDURES

3 FAH-1 H-3511.1  Foreign Service Employees Serving Abroad

3 FAH-1 H-3511.1-1  80 Hours or Less

(CT:POH-181;   06-17-2016)
(Uniform State/BBG/Commerce)
(Applies to Foreign Service Employees)

As provided in 3 FAM 3513.1-2, an approving officer at post may approve leave without pay (LWOP) of 80 hours or less; however, he or she must notify:

·         State:                IO or regional executive office

·         Commerce:                OFSHC

·         USDA:               FSA/HRD

3 FAH-1 H-3511.1-2  More Than 80 hours But Not to Exceed 90 Calendar Days

(CT:POH-181;   06-17-2016)
(Uniform State/USAID)
(Applies to Foreign Service Employees)

In accordance with 3 FAM 3513, an approving officer at post may grant leave without pay (LWOP) of more than 80 hours but not to exceed 90 calendar days using the following procedure:

State

Prepare a Form SF-52, Request for Personnel Action, and submit it to headquarters.  Refer to 3 FAM 3513 for headquarters to issue a Form SF-50, Notification of Personnel Action.

USAID

Prior to approval of LWOP for more than 30 calendar days, the approving officer must notify M/HR/POD or EM (OIG/M/PS for BS-08 employees).

USDA

Handbook 17-PM, Exhibit 11.

3 FAH-1 H-3511.1-3  Headquarters Approval/Disapproval

(CT:POH-181;   06-17-2016)
(Uniform State/USAID/BBG/Foreign Service Corps - USDA)
(Applies to Foreign Service Employees)

a. Where headquarters approval/disapproval is required in 3 FAM 3513, the post will forward:

(1)  The employee's written request;

(2)  An approval/disapproval recommendation of leave without pay (LWOP); and

(3)  Any appropriate explanation or comment; to the appropriate headquarters office.  Refer to 3 FAM 3513.1.

b. Headquarters will notify post of approval or disapproval of the request.

c.  When LWOP is approved for a State Department employee, the Office of Career Development and Assignments (HR/CDA) will:

(1)  Prepare a Form SF-52, Request for Personnel Action; and

(2)  Forward Form SF-52 to HR/EX/IM for preparation and issuance of Form SF-50, Notification of Personnel Action.

3 FAH-1 H-3511.2  Foreign Service Employees Serving in the United States

3 FAH-1 H-3511.2-1  LWOP of  80 Hours or Less

(CT:POH-143;   06-10-2010)
(State Only)
(Applies to Foreign Service Employees)

A written request for leave without pay (LWOP) must be submitted either to a head of office, division chief, or an individual designated by them.

3 FAH-1 H-3511.2-2  LWOP of More Than 80 Hours But Not to Exceed 90 Calendar Days

(CT:POH-181;   06-17-2016)
(State Only)
(Applies to Foreign Service Employees)

A written request and appropriate recommendation for leave without pay (LWOP) must be submitted through the supervisor to the executive director or management officer of the employing bureau.

3 FAH-1 H-3511.2-3  LWOP of More Than 90 Calendar Days

(CT:POH-181;   06-17-2016)
(State Only)
(Applies to Foreign Service Employees)

For State:

(1)  A request for leave without pay (LWOP) must be submitted by memorandum through the supervisor to the executive director or management officer of the employing bureau;

(2)  That official will forward the request, together with a recommendation, and any appropriate explanation or comments, to HR/CDA; and

(3)  The approving officer will forward any approved Form SF-52, Request for Personnel Action, to HR/EX/IM in State, for issuance of the Form SF-50, Notification of Personnel Action.

3 FAH-1 H-3511.3  Civil Service Employees of State

3 FAH-1 H-3511.3-1  LWOP of 80 Hours or Less

(CT:POH-143;   06-10-2010)
(State Only)
(Applies to Civil Service Employees)

A request for 80 hours or less of leave without pay (LWOP) is made in writing to a head of office, a division, or an individual designated by them.

3 FAH-1 H-3511.3-2  LWOP of More Than 80 Hours But Not to Exceed 1 Year

(CT:POH-143;   06-10-2010)
(State Only)
(Applies to Civil Service Employees)

A request for leave without pay (LWOP) for more than 80 hours but not in excess of 1 year, or for an extension of LWOP that will result in a total period of LWOP for more than 80 hours, must be submitted on Form OPM-71, Request for Leave or Approved Absence, with written justification, through the supervisor to the executive director or management officer.  That official, if the request is approved, submits a Form SF-52, Request for Personnel Action, to HR/CSHRM for final approval and HR/CSHRM forwards it to HR/EX/IM for issuance of a Form SF-50, Notification of Personnel Action.

3 FAH-1 H-3511.3-3  LWOP of More Than 1 Year

(CT:POH-143;   06-10-2010)
(State Only)
(Applies to Civil Service Employees)

A request for leave without pay (LWOP) in excess of 1 year must be submitted by memorandum through the supervisor to the executive director or management officer.  That official forwards the request to HR/CSHRM for decision, together with a recommendation, any appropriate explanation or comment, and Form SF-52, Request for Personnel Action.  HR/CSHRM notifies the executive director or management officer of the decision, and forwards any approved Form SF-52 to HR/EX/IM for issuance of the Form SF-50, Notification of Personnel Action.

3 FAH-1 H-3511.4  Senior Executive Service Employees of State

(CT:POH-181;   06-17-2016)
(State Only)
(Applies to Civil Service Employees)

a. A request for leave without pay (LWOP) for 80 hours or less should be referred to officials who normally approve an executive’s leave.

b. A request for LWOP for more than 80 hours or for an extension of LWOP that will result in a total period of LWOP of more than 80 hours must be submitted on Form OPM-71, Request for Leave or Approved Absence, with written justification through the supervisor to the executive director or management officer.

c.  That official will forward the request to the Executive Resources Board (ERB) with a recommendation, appropriate explanation, or comment, and a Form SF-52, Request for Personnel Action.

d. The ERB Chair will act on requests for LWOP for periods of less than 6 months.

e. The ERB Chair will act on requests for LWOP of 6 or more months.

f.  The executive director or management officer will be notified of ERB decisions.

g. Upon ERB approval HR/CSHRM will forward a Form SF-52 to HR/EX/IM for issuance of a Form SF-50, Notification of Personnel Action.

3 FAH-1 H-3511.5  Foreign Service Corps - USDA

(CT:POH-181;   06-17-2016)
(USDA Only)
(Applies to Foreign Service Employees)

All requests for leave without pay (LWOP) by USDA employees will be handled in accordance with agency directives.  Refer to Handbook 17-PM, Exhibit 11.

3 FAH-1 H-3511.6  USAID

(CT:POH-143;   06-10-2010)
(USAID Only)
(Applies to Foreign Service Employees)

When processing a request for leave without pay (LWOP) by an employee of USAID, the post must:

(1)  Notify M/HR/POD, M/HR/EM or OIG/M/PS in advance;

(2)  Provide beginning and ending dates of LWOP; and

(3)  Provide the reason; in order for a Form SF-50, Notification of Personnel Action, to be issued.

3 FAH-1 H-3511.7  COMMERCE

(CT:POH-181;   06-17-2016)
(Commerce Only)
(Applies to Foreign Service Employees)

a. The employee must submit all leave without pay (LWOP) requests in writing to OFSHC. This request should include:

(1)  Justification or explanation as to why LWOP is requested; and

(2)  An approval/disapproval of LWOP from their immediate supervisor.

b. Requests for LWOP of more than 80 hours will be submitted to the appropriate Regional Director (overseas)/Network Director (U.S.) for their review and recommendation prior to the Director of OFSHC making a final decision.

3 FAH-1 H-3512  CONSIDERATION OF REQUEST FOR Leave without pay (LWOP)

(CT:POH-181;   06-17-2016)
(Uniform State/USAID/ BBG/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Each request for leave without pay (LWOP) should be examined to ensure that the value to the U.S. Government or to the needs of the employee is sufficient to offset the costs and administrative inconvenience that may result from the retention of an employee in a LWOP status.

b. Among these costs and inconvenience that should be considered are:

(1)  Encumbrance of a position;

(2)  Loss of services;

(3)  Compilation of retention preference registers in the event of reduction in force;

(4)  Obligations to provide active employment at the end of the approved leave period;

(5)  Creditable service for such benefits as retirement (e.g., 6 months per calendar year for LWOP), leave accrual, within-grade increases, and severance pay; and/or

(6)  Eligibility for continued coverage (without cost to the employee for up to 1 year of nonpay status) for life insurance and continued coverage (with payment of employee's portion of the premium by the employee for up to 1 year) for health insurance benefits.

c.  For Foreign Service (FS) employees, refer to the Office of Career Development and Assignments (HR/CDA) Standard Operating Procedures (SOP) A-12 to obtain information regarding FS leave-without-pay (LWOP) request procedures.  Reservists returning to active duty should refer to SOP A-12a.

3 FAH-1 H-3513  APPROVAL OF EXTENDED LWOP

(CT:POH-143;   06-10-2010)
(Uniform State/USAID/ BBG/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service and Civil Service Employees)

As a basic condition to approval of extended leave without pay (LWOP), there should be reasonable expectation that the employee will return at the end of the LWOP.  In addition, it should be apparent that at least one of the following benefits would result:

(1)  Increased job ability;

(2)  Protection or improvement of employee's health;

(3)  Retention of a desirable employee;

(4)  Fulfillment of parental or family responsibilities; or

(5)  Furtherance of a program of interest to the U.S. Government.

3 FAH-1 H-3514  PURPOSE FOR WHICH GRANTED

3 FAH-1 H-3514.1  Advanced Education

(CT:POH-143;   06-10-2010)
(Uniform State/USAID/BBG /Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Management may grant leave without pay (LWOP) for the purpose of full-time advanced education when:

(1)  The course of study or research is in line with the type of work performed by the agency; and

(2)  Its completion would contribute to the best interests of the agency.

b. Requests for extended LWOP for advanced education must be submitted to the agency at least 90 days in advance.

3 FAH-1 H-3514.2  Service of a Temporary Character

(CT:POH-143;   06-10-2010)
(Uniform State/USAID/ BBG/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Management may grant leave without pay (LWOP) for service with non-Federal public or private enterprise when:

(1)  The job is of temporary character; and

(2)  The job is consistent with U.S. Government Standards of Conduct (5 CFR Part 2635);

(3)  There is reasonable expectation that the employee will return;

(4)  The service to be performed will contribute to the public welfare; and/or

(5)  The experience to be gained by the employee will serve the interests of the employing agency.

b. In some cases, the acceptance of non-Federal public employment may require the separation of an employee because of certain provisions of law.

3 FAH-1 H-3514.3  To Recover from Illness or Disability

(CT:POH-143;   06-10-2010)
(Uniform State/USAID/ BBG/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Management may grant leave without pay (LWOP) for the purpose of recovering from illness or disability not of a permanent or disqualifying nature when continued employment or immediate return to employment would threaten impairment of the employee's health or the health of other employees.

b. If an employee invokes the Family and Medical Leave Act and meets the requirements under 5 Code of Federal Regulations 1201-1211 (see 3 FAM 3530), leave without pay of up to 12 weeks must be granted.

c.  LWOP for reasons of health must be supported by a medical certificate.

3 FAH-1 H-3514.4  LWOP for Other Purposes

(CT:POH-143;   06-10-2010)
(Uniform State/USAID/ BBG/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Management may grant leave without pay (LWOP) for the purpose of protecting employee status during any period when final action is pending:

(1)  On a claim for disability retirement, after all sick and annual leave has been exhausted; or

(2)  By the Office of Workers' Compensation Programs (OWCP) of the Department of Labor resulting from employment-connected injury or disease.

b. Approval of LWOP is mandatory for disabled veterans who require treatment under Executive Order 5396 because of service-connected disabilities.

c.  Approval of LWOP is mandatory when requested by reservists and National Guard members to perform military training.

d. An employee injured in the line of duty may be granted LWOP while receiving compensation from the Office of Workers' Compensation Programs.

e. An employee may be granted LWOP to attend to parental or family responsibilities.

f.  LWOP may be granted for the purpose of accompanying a Foreign Service employee spouse or domestic partner (as defined in 3 FAM 1610) to a post abroad where no suitable tandem assignment is available.

g. LWOP may be granted for personal emergency when denial of leave without pay would result in severe hardship to the employee.

3 FAH-1 H-3515  RETURN TO DUTY

(CT:POH-181;   06-17-2016)
(Uniform State/USAID/ BBG/Commerce/Foreign Service Corps - USDA)
(Applies to Foreign Service and Civil Service Employees)

a. The post shall submit promptly to headquarters a Form SF-52, Request for Personnel Action, covering each return to duty following a period of leave without pay (LWOP) authorized under section 3 FAH-1 H-3511.1-2.

b. For LWOP authorized under section 3 FAH-1 H-3511.1-3, the employee's return to duty will be reported to headquarters only if there has been a change in the previously reported return-to-duty date.

c.  For Commerce, post should notify OFSHC promptly of the employee's return to duty following a period of LWOP under section 3 FAH-1 H-3511.7The Form SF-52, Request for Personnel Action and Form SF-50, Notification of Personnel Action, will be prepared in headquarters.

d. USAID posts will request M/HR/POD or EM, IG/RM for BS-08, to issue a Form SF-50.

e. For USDA, the area director’s office shall submit a Form SF-52.

3 FAH-1 H-3516  THROUGH H-3519 UNASSIGNED