UNCLASSIFIED (U)

3 FAM 3340

Shared voluntary leave programs (Voluntary leave bank and voluntary leave transfer program)

(CT:PER-895;   01-12-2018)
(Office of Origin:  HR/ER/WLD)

3 FAM 3341  Applicability

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

These regulations apply to Department of State employees who fall within 3 FAM 3312.

3 FAM 3342  Definitions

(CT:PER-777;   07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)

Available paid leave:  Accrued or accumulated annual or sick leave, and re-credited and restored annual or sick leave.  It does not include annual or sick leave advanced to an employee or any annual or sick leave accrued that has not yet been transferred to the appropriate leave account.

Committed relationship:  One in which the employee and the domestic partner of the employee, are each other’s sole domestic partner (and are not married to or domestic partner with anyone else), and share responsibility for a significant measure of each other’s common welfare and financial obligations.  This includes, but is not limited to, any relationship between two individuals of the same or opposite sex that is granted legal recognition by a state or the District of Columbia as a marriage or analogous relationship (including but not limited, to a civil union).

Domestic partner:  An adult in a committed relationship with another adult, including both same-sex and opposite-sex relationships.

Family member:  An individual who has any of the following relationships to the employee:

(1)  Spouse and parents thereof;

(2)  Sons and daughters and spouses thereof;

(3)  Parents and spouses thereof;

(4)  Brothers and sisters and spouses thereof;

(5)  Grandparents and grandchildren and spouses thereof;

(6)  Domestic partner and parents thereof, including domestic partners of any individual in subparagraphs (2) through (5) of this definition; and

(7)  Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Leave bank:  A pooled fund of annual leave established by an agency for use by the leave bank members in case of a medical emergency.

Leave bank member:  A leave contributor who has contributed, in an open enrollment period (or individual enrollment period, as applicable) of the current leave year, at least the minimum amount of annual leave required.

Leave contributor:  An employee who contributes annual leave to the annual leave account of a leave recipient or to the leave bank board, where such contribution has been approved by the employee's employing agency or leave bank board.

Leave recipient:  A current employee or a leave bank member who has been approved to receive leave from one or more leave donors and/or the leave bank.

Medical emergency:  A medical condition of either the employee or the employee's family member that is likely to require the employee to be absent from duty for a prolonged period and to result in a substantial loss of income (expected absence without available paid leave of at least 24 work hours for a full-time employee) because of the employee's lack of available paid leave.  An employee’s or family member’s incapacity of at least 24 hours without available paid leave due to pregnancy, recovery from childbirth, or another serious health condition would constitute a medical emergency for purposes of the Voluntary Leave Transfer Program (VLTP) or Voluntary Leave Bank Program (VLBP).

Paid leave status:  The administrative status of an employee while the employee is using accrued or accumulated annual or sick leave.

Parent:

(1)  A biological, adoptive, step, or foster parent of the employee, or a person who was a foster parent of the employee when the employee was a minor;

(2)  A person who is the legal guardian of the employee or was the legal guardian of the employee when the employee was a minor or required a legal guardian;

(3)  A person who stands in loco parentis to the employee or stood in loco parentis to the employee when the employee was a minor or required someone to stand in loco parentis; and

(4)  A parent, as described in paragraphs (1) through (3) of an employee’s spouse or domestic partner.

Shared leave status:  The administrative status of an employee while the employee is using transferred leave or leave transferred from a leave bank.

Son or Daughter:

(1)  A biological, adopted, step, or foster son or daughter of the employee;

(2)  A person who is a legal ward or was a legal ward of the employee when that individual was a minor or required a legal guardian;

(3)  A person for whom the employee stands in loco parentis or stood in loco parentis when that individual was a minor or required someone to stand in loco parentis; and

(4)  A son or daughter, as described in paragraphs (1) through (3) of an employee’s spouse or domestic partner.

3 FAM 3343  Program Qualification

(CT:PER-777;   07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. An employee can participate in both shared leave programs, Voluntary Leave Bank Program (VLBP) and Voluntary Leave Transfer Program (VLTP) concurrently as long as they meet the requirements for each program.  When applying concurrently to both programs, the applications for the Voluntary Leave Bank Program will be considered prior to the application for the Voluntary Leave Transfer Program.

b. An application to become a leave recipient in VLBP or VLTP programs is approved only when it is determined that the employee’s absence from duty without available paid leave because of the medical emergency will be or is expected to be at least 24 hours, or in the case of a part-time employee or an employee who has an uncommon tour of duty, at least 30 percent of the average number of hours in the employee’s biweekly scheduled tour of duty.

c.  Once an application has been approved under the VLBP and VLTP, annual leave contributions from leave contributors may be used to liquidate indebtedness for advanced annual or sick leave used for the medical emergency, or may be substituted retroactively for the period of the medical emergency of leave without pay.

d. Donated annual leave previously transferred to an employee under the VLTP must remain to the credit of the employee who later becomes a leave recipient in under the VLTB, subject to 3 FAM 3348.4-3.

e. Donated annual leave under the VLTP and VLBP may not be used to bond with or care for a healthy child; to care for a child with a routine illness; to take a child to medical, dental, or optical appointments or well-baby doctor visits; for purposes relating to adoption or foster placement of a child; or for any other reasons other than a qualifying medical emergency.

f.  Sick leave may not be donated under the VLTP or VLBP.

3 FAM 3344  Accrual of Annual and Sick Leave

(CT:PER-777;   07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. Except as otherwise provided in this section, while an employee is in a shared leave status, annual and sick leave must accrue to the employee at the same rate as if the employee were in a paid leave status.   

b. The maximum amount of annual and sick leave a leave recipient may accrue in the set-aside account by a leave recipient while in a shared leave status in connection with any particular medical emergency may not exceed 40 hours of annual leave and 40 hours of sick leave (or, in the case of a part-time employee or an employee who has an uncommon tour of duty, the average number of hours in the employee’s weekly scheduled tour of duty).

c.  Any annual or sick leave an employee in a shared leave status accrues will be transferred to a separate set-aside account.  That leave will be available for use:

(1)  As of the beginning of the first applicable pay period beginning on or after the date on which the employee’s medical emergency terminates; or

(2)  If the employee’s medical emergency has not terminated, once the employee has exhausted all donated leave made available.

d. An employee who returns to work part-time and who uses donated leave part-time to care for a family member experiencing a qualifying medical emergency accrues leave in his or her regular annual and sick leave accounts for the time spent in work status and in his or her set-aside annual and sick leave accounts when using donated leave.

3 FAM 3345  Retroactive Provisions

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

Applicants who have received advance annual or sick leave may be approved for either program, only if they would have faced the loss of at least 24 hours of pay had annual or sick leave not been advanced.  Applicants may apply after the termination of the medical emergency provided that the criteria of a minimum of 24 hours without pay was met or would have been met had advance annual or sick leave not been approved.  Requests for retroactive approval must be submitted within 90 days after the termination of the medical emergency.

3 FAM 3346  Leave Contributions

(CT:PER-848;   06-16-2017)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. Employees with restored annual leave may contribute such leave in the VLTP, and there is no limit on the amount an employee may contribute under this category.

b. In any leave year, a leave contributor may contribute no more than a total of one-half of the amount of annual leave the employee would be entitled to accrue during the leave year in which the contribution is made:

If you earn:

Your donation limit is:

8 hours per pay period

104 hours per leave year

6 hours per pay period

80 hours per leave year

4 hours per pay period

52 hours per leave year

c.  In the case of a leave contributor who is projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year, the maximum amount of annual leave the employee may contribute during the leave year must be the lesser of:

(1)  One-half of the amount of annual leave the employee would be entitled to accrue during the leave year in which the contribution is made; or

(2)  The number of hours remaining in the leave year (as of the date of the contribution) for which the leave contributor is scheduled to work and receive pay.  The employee must accrue leave before it can be donated, i.e., an employee cannot borrow and then donate leave.

d. These limitations must apply to the total amount of annual leave an employee donates or contributes during the leave year under either program.

e. The leave bank board has the authority to waive the limitations on annual leave contributions to the leave bank.

f.  The Deputy Assistant Secretary of Human Resources for Leave Programs, or designee, may grant exceptions to the prescribed limits for contributions through the Voluntary Leave Transfer Program.

3 FAM 3347  General Guidance

3 FAM 3347.1  Application on Behalf of Potential Leave Recipient

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

A personal representative may make application on behalf of an employee to become an approved leave recipient, as long as the case manager is satisfied that the applicant is acting for and has the permission of the employee.

3 FAM 3347.2  Abuse of Leave

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

Use of leave for purposes other than what has been approved based on an employee’s medical certification is considered abuse and will result in disqualification from the program(s) and liability for the amount of leave that was fraudulently used.  Abuse of leave could result in disciplinary action, up to and including removal or separation from employment.

3 FAM 3347.3  Fraudulent Documentation

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

False or modified documentation submitted by an employee who is applying to become an approved leave recipient (including but not limited to manufactured medical documentation, altered dates, and false signatures) is illegal and will result in disqualification from the program and liability for the amount of leave used fraudulently the employee received.  Providing fraudulent documentation could result in disciplinary action up to and including removal or separation from employment.

3 FAM 3347.4  Prohibition of Coercion

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with any right that an employee may have with respect to donating, receiving or using leave.

3 FAM 3347.5  Confidentiality

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

Information concerning individual leave recipients and donors is considered personnel sensitive, and is not to be released unless the employee authorizes release, to anyone who does not have a need to know for the purposes of administering the programs.  The names of donors and the amounts donated must not be revealed.

3 FAM 3348  Voluntary Leave Transfer Program

3 FAM 3348.1  Authority

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. Federal Employees Leave Sharing Act of 1988 (Public Law 100-566).

b. The Federal Employees Leave Sharing Amendments Act of 1993 (Public Law 103-103) (5 U.S.C. 6331 - 6340).

c.  5 CFR 630, Subpart I.

3 FAM 3348.2  Purpose

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

This directive establishes the procedures and requirements for a voluntary leave transfer program under which an employee may transfer unused accrued annual leave for use by an employee who needs such leave because of a medical emergency.

3 FAM 3348.3  Roles and Responsibilities

3 FAM 3348.3-1  Case Manager (HR/SS/SC)

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

It is the responsibility of the case manager to:

(1)  Administer this program, delegating authority as appropriate within the case manager offices;

(2)  Approve or deny employee applications to be designated a leave recipient and accept and approve or disapprove written requests for employees to transfer annual leave to an approved recipient;

(3)  Request the payroll office to effect transfers of leave through this program, keeping records of all transactions;

(4)  Publicize the need of approved recipients for leave (if authorized by the recipient); and

(5)  Close the case file when the medical emergency has terminated.

3 FAM 3348.3-2  Leave Coordinator (HR/ER/WLD)

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The Leave Coordinator:

(1)  Coordinates the program with the case managers and payroll office;

(2)  Develops the Department’s leave policy in alignment with federal leave regulations, policies, and procedures;

(3)  Responds to data calls as necessary;

(4)  Provides communication to Department employees, and

(5)  Performs other functions as necessary.

3 FAM 3348.3-3  Payroll Coordinator (CGFS/GC/PSP)

(CT:PER-895;   01-12-2018)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The Payroll Coordinator:

(1)  Adds and subtracts leave from employees' accounts based on written requests from the case managers;

(2)  Returns a prorated amount of unused leave to the leave contributors if the case manager informs them that the medical emergency of a leave recipient has ended before the employee used all of the leave contributed; and

(3)  Maintains accurate accounting of leave intake and output.

3 FAM 3348.3-4  Supervisor

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The use of shared leave is subject to the normal conditions and requirements for leave usage.

3 FAM 3348.4  Use of the Leave Transfer Program

3 FAM 3348.4-1  Application to Become a Leave Recipient

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. An employee may make written application routed through the case manager, to become a leave recipient.  If an employee is not capable of completing an application on the employee behalf, a personal representative may make written application on the employee behalf.

b. Each application to become a leave recipient must be accompanied by the following information concerning the potential leave recipient:

(1)  Leave Request Coversheet;

(2)  Leave Request Application (Form DS-630);

(3)  Medical Certification (per 5 CFR 630.1208);

(4)  Earnings & Leave Statement from the last pay period; and

(5)  Any additional information the case manager may require.

c.  If the case manager requires further medical certification from more than one source, the Department is responsible for direct payment or reimbursement for expenses associated with obtaining the additional certification.

3 FAM 3348.4-2  Approval of Application to Become a Leave  Recipient

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. The case manager must review an employee’s application to become a leave recipient, to determine whether there is a medical emergency that affects the potential leave recipient.

b. Before approving an application for an employee to become a leave recipient, the case manager must determine that the absence from duty without available paid leave meets the criteria.

c.  Absent extenuating circumstances, the case manager must notify the applicant within 10 business days after receiving the application of the action taken on the application.  If the application is disapproved, the notification will include the reason for disapproval.

3 FAM 3348.4-3  Termination of Medical Emergency

(CT:PER-777;   07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. The medical emergency affecting a leave recipient must terminate:

(1)  When the leave recipient’s Federal service terminates;

(2)  At the end of the biweekly pay period in which the case manager receives written notice from the leave recipient or from a personal representative of the leave recipient that the medical emergency no longer affects the leave recipient;

(3)  At the end of the biweekly pay period in which the case manager determines, after written notice from the case manager and an opportunity for the leave recipient or a personal representative to respond orally or in writing that the leave recipient is no longer affected by the medical emergency; or

(4)  At the end of the biweekly pay period in which the Department receives notice that the Office of Personnel Management has approved an application for disability retirement for the leave recipient under the Civil Service or Federal Employees Retirement System.

b. The case manager must monitor the status of the medical emergency that affects the leave recipient to ensure that the medical emergency continues to affect the leave recipient.

c.  When the medical emergency affecting the leave recipient terminates, no further requests for transfer of annual leave related to that medical emergency may be granted.

d. The case manager may deem a medical emergency to continue for the purpose of providing a leave recipient with an adequate period of time within which to receive donations of annual leave.

e. Upon termination of a leave recipient’s medical emergency, any annual leave previously transferred under the voluntary leave transfer program and remaining to the credit of the leave recipient must be restored to the leave donor subject to 5 CFR 630.911 and 5 U.S.C. 6304(a).

3 FAM 3348.5  Appeals

(CT:PER-806;   03-03-2016)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. If a leave recipient application is disapproved, a leave recipient applicant may file a written appeal of the original determination with the case manager with the reason for the appeal within 15 business days of notification.

b. Upon receipt of an appeal, the case manager will review the documentation to determine the reason the application was disapproved.

c.  Appeals will be considered individually and additional documentation may be required.

d. The Deputy Assistant Secretary for the Bureau of Human Resources that supervises the Office of Employee Relations and Leave Programs, or designee, must review and render a decision within 10 business days of receiving the request for reconsideration.

e. An employee’s appeal should:

(1)  Provide all relevant information and address why the request should be reconsidered; and

(2)  Include any additional appropriate medical documentation to support the request.

f.  An appeal can only be submitted through HR/SS case manager and only once per medical emergency.

g. The decision on the appeal must be final.

h. The case manager will notify the leave recipient applicant in writing within five business days of the decision.

3 FAM 3348.6  Records and Reports

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

Records must include the following:

(1)  The number of applications approved for medical emergencies affecting employees and the number of applications approved for medical emergencies affecting an employee’s family member;

(2)  Grade or pay level of each leave contributor;

(3)  Grade or pay level and gender of each leave recipient;

(4)  Total amount of transferred annual leave each leave recipient uses; and

(5)  Any additional information OPM may require.

3 FAM 3349  Voluntary Leave Bank Program

3 FAM 3349.1  Authority

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. Federal Employees Leave Sharing Act of 1988 (Public Law 100-566).

b. The Federal Employees Leave Sharing Amendments Act of 1993 (Public Law 103-103) (5 U.S.C. 6361-6373).

c.  5 CFR 630, Subpart J.

3 FAM 3349.2  Purpose

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

This directive establishes the procedures and requirements for a voluntary leave bank program under which an employee may contribute unused accrued annual leave to a leave bank for use by a leave bank member who needs such leave because of a medical emergency.

3 FAM 3349.3  Establishing the Bank Board

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. The Department must establish one leave bank and one leave bank board.

b. The leave bank board will consist of three members and three alternate members.

c.  Office of the Director General is responsible for selecting and appointing the two non-Union official members and two non-Union alternate members for the leave bank board.

d. The Bureau of Human Resources, Office of Employee Relations, Work Life Division, HR Shared Services, and the Office of Comptroller and Global Financial Services are responsible for administration and implementation of the Leave Bank.

e. One member, and one alternate member, of the leave bank board must represent a labor organization on a rotational basis.

f.  Management will have oversight of the board to include ensuring that the board and the leave bank conducts its’ functions as prescribed.

g. The leave bank is subject to all the conditions and requirements imposed by 5 CFR 630.1001 through 630.1016.

3 FAM 3349.4  Roles and Responsibilities

3 FAM 3349.4-1  Leave Bank Board

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The leave bank board must:

(1)  Establish internal decision-making procedures;

(2)  Review and approve or disapprove each application to become a leave recipient based on the medical documentation and the leave bank balance;

(3)  Review and approve or disapprove each application to become a leave contributor;

(4)  Monitor the status of each leave recipient’s medical emergency in coordination with the case manager;

(5)  Monitor the amount of leave in the leave bank and the number of applications to become leave recipients;

(6)  Maintain an adequate amount of leave in the leave bank to the greatest extent practicable;

(7)  Establish at least one open enrollment period for each leave year of leave bank operation; and

(8)  Perform other functions as necessary.

3 FAM 3349.4-2  Case Manager (HR/SS/SC)

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The Case Manager must:

(1)  Process member and recipient applications;

(2)  If the case extends beyond the original dates, then additional medical documentation will be requested by the case manager;

(3)  Explain general leave bank processes;

(4)  Review each application for an employee to become a leave recipient, including appropriate supporting medical documentation;

(5)  Update and maintain leave recipient case files as necessary;

(6)  Provide reports and documentation as deemed necessary by the Office of Personnel Management (OPM);

(7)  Keep necessary staff (leave coordinators, timekeepers, payroll liaisons) informed of changes in requested and approved dates and duration;

(8)  Maintain records concerning the administration of the Department’s leave bank;

(9)  Evaluate the effectiveness of the program;

(10) Close Leave Bank recipient cases; and

(11) Perform other functions as necessary.

3 FAM 3349.4-3  Leave Coordinator (HR/ER/WLD)

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The leave coordinator must:

(1)  Develop Department leave bank policies and procedures;

(2)  Keep informed of all federal leave bank regulations;

(3)  Communicate enrollment periods;

(4)  Provide program communication to Department employees; and

(5)  Perform other functions as necessary.

3 FAM 3349.4-4  Payroll Coordinator (CGFS/GC/PSP)

(CT:PER-895;   01-12-2018)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The Payroll Coordinator must:

(1)  Administer the leave bank balance;

(2)  Deduct leave bank membership amounts from the employee and add to the leave bank;

(3)  Deduct leave donations from employees' accrued annual leave accounts upon written requests;

(4)  Increase balance of leave to leave recipient accounts upon notice from case managers;

(5)  Audit leave account balances as required; and

(6)  Perform other functions as necessary.

3 FAM 3349.4-5  Supervisor

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

The use of shared leave is subject to the normal conditions and requirements for leave usage.

3 FAM 3349.5  Leave Bank Enrollment

(CT:PER-767;   05-08-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. To become a member of the leave bank, an employee must enroll in the program during an open enrollment or individual enrollment period.

b. Once an employee is enrolled, the employee will be reenrolled automatically each year during the open enrollment period with the following exceptions: the employee terminates his or her leave bank membership, employee separates from the agency, employee exhausted the lifetime cap requirements, employee is in INWS (Intermittent No Work Scheduled) status, or the leave bank program is terminated.

3 FAM 3349.5-1  Enrollment Requirements

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. An employee must become a leave bank member upon making a voluntary written (memorandum or email) application to the leave bank board to become a leave bank member during an open enrollment period and donating the minimum contribution.

b. If employees elect to enroll, they agree to deposit one pay period of accrued annual leave to the leave bank.

c.  Leave is deducted:

(1)  During the first pay period of the leave year if the employee enrolls in the leave bank during the open enrollment period;

(2)  In the event of a secondary open enrollment period as prescribed by the leave bank board, the leave will be deducted in the second pay period after the open enrollment closes; and

(3)  During an individual enrollment period, the leave will be deducted at the beginning of the pay period after the employee’s enrollment has been processed.

d. Once an employee has contributed leave to the leave bank, it cannot be returned to the contributor unless the leave bank program is terminated.

3 FAM 3349.5-2  Open Enrollment Period

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

During the open enrollment period, employees may elect:

(1)  To become leave bank members; or

(2)  To terminate their existing membership.

3 FAM 3349.5-3  Individual Enrollment Period

(CT:PER-777;   07-28-2015)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. An individual enrollment period allows employees to elect to become leave bank members outside the open enrollment period.

b. Individual enrollment periods must be for 60 days and begin on the date the employee:

(1)  Enters on duty; or

(2)  Returns from an extended absence outside of an open enrollment period.

NOTE:  If an employee enrolls during an individual enrollment period, membership must be effective the beginning of the first pay period after the enrollment, after which the employee will be automatically reenrolled during the next open enrollment period unless the employee terminates membership, separates from the Department, or the leave bank program is terminated.

3 FAM 3349.5-4  Membership Contribution Requirements

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. The minimum contribution required to become a leave bank member for one leave year must be equal to one pay period of annual leave accrual.  Unless determined otherwise (i.e. part time employee), one pay period of annual leave accrual is equal to:

(1)  Four hours of annual leave for an employee who has fewer than three years of service at the time the employee submits an application to contribute annual leave;

(2)  Six hours of annual leave for an employee who has at least three but fewer than 15 years of service at the time the employee submits an application to contribute annual leave; or

(3)  Eight hours of annual leave for an employee who has 15 or more years of service at the time the employee submits an application to contribute annual leave.

b. The leave bank board may:

(1)  Decrease the minimum contribution required for the following leave year when the leave bank board determines there is a surplus of leave in the leave bank; or

(2)  Increase the minimum contribution required in the following leave year when the leave bank board determines that such action is necessary to maintain an adequate balance of annual leave in the leave bank.

3 FAM 3349.6  Use of the Leave Bank

3 FAM 3349.6-1  Leave Bank Contributions

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. A Federal employee who is not a leave bank member may apply to contribute leave at any time.  The leave contributor must specify the number of hours of restored annual or annual leave the contributor wishes to contribute.

b. A leave bank member who transfers from a different agency or to a different leave bank is subject to the policies and procedures of the new leave bank, including its minimum contribution requirements.

c.  A leave contributor may specify that he or she would like his or her leave to be applied to a specific leave bank member.  A contributor may not designate him or herself or his or her immediate supervisor as the recipient.

d. A contribution of annual leave must not be returned to a leave contributor after deposit in the leave bank unless the leave bank program terminates.

3 FAM 3349.6-2  Application to Become a Leave Recipient

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. A leave bank member may make written application, routed through the case manager, to become a leave recipient.  If a leave bank member is not capable of completing an application on the employee own behalf, a personal representative may make written application on the employee behalf.

b. The following information must accompany an application by a leave bank member to become a leave recipient:

(1)  Leave Request Coversheet;

(2)  Leave Request Application;

(3)  Medical Certification (per 5 CFR 630.1208);

(4)  Earnings & Leave Statement from the last pay period; and

(5)  Any additional information that may be required by the leave bank board.

c.  Within 10 business days of receipt of a leave bank recipient request, the case manager will provide to the board a report of a request to be processed.

d. If the board requires further medical certification from more than one source, the Department is responsible for direct payment or reimbursement for expenses associated with obtaining the additional certification. 

3 FAM 3349.6-3  Approval of Application to Become a Leave  Recipient

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. The leave bank board must review an employee’s application to become a leave recipient for the purpose of determining whether the employee is a leave bank member who is or has been affected by a medical emergency.

b. Before approving an application to become a leave recipient, the leave bank board must determine that the absence from duty without available paid leave meets the criteria found in 5 CFR 630.1007.

c.  The leave bank board will provide timely written notification to the case manager of the action the board takes on the application.  If the application is disapproved, the notification will include the reason for disapproval.

d. The case manager will inform the leave applicant of the leave bank board’s decision.

3 FAM 3349.6-4  Use of Leave

(CT:PER-848;   06-16-2017)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. A leave recipient may use annual leave withdrawn from the leave bank only for the purpose of the medical emergency for which the leave recipient request was approved.  Such approved requests may include the use of such donated leave for an employee's own or for a family member's incapacity of at least 24 hours without available pay due to pregnancy, recovery from childbirth, or another serious health condition that constitutes a medical emergency.

b. Donated annual leave may not be used to bond with or care for a healthy child; to care for a child with a routine illness; to take the child to medical, dental, or optical appointments or well-baby doctor visits; for purposes related to adoption or foster placement of a child; or for any other reasons other than an approved qualifying medical emergency.

c.  The approval and use of leave withdrawn from the leave bank must be subject to all the conditions and requirements imposed 5 U.S.C. 6331 and 5 CFR 630, except that annual leave withdrawn from a leave bank may accumulate without regard to any limitation imposed by 5 U.S.C. 6304(a).

d  Leave withdrawn from a leave bank may not be:

(1)  Included in a lump-sum payment under 5 U.S.C. 5551 or 5552; or

(2)  Made available for re-credit upon reemployment by a Federal agency under 5 U.S.C. 6306.

e. A leave recipient must request and receive approval from the recipient's supervisor by submitting a Form OPM-71 for each day the recipient intends to be absent from work.

f.  While the employee is in a shared leave status, the leave bank board must ensure that annual and sick leave must accrue to the credit of the employee in a separate set-aside account as per 3 FAM 3344.

3 FAM 3349.6-5  Termination of Medical Emergency

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. The medical emergency affecting a leave recipient must terminate:

(1)  When the leave recipient’s Federal service terminates;

(2)  When the leave recipient leaves the Department, if the bank board so determines;

(3)  At the end of the biweekly pay period in which the leave bank board, through the case manager, receives written notice from the leave recipient or from a personal representative of the leave recipient that the medical emergency no longer affects the leave recipient;

(4)  At the end of the biweekly pay period in which the leave bank board, through the case manager, determines, after written notice from the bank board and an opportunity for the leave recipient or a personal representative of the leave recipient to answer orally or in writing, that the medical emergency no longer affects the leave recipient; or

(5)  At the end of the biweekly pay period in which the Department receives notice that the Office of Personnel Management has approved an application for disability retirement for the leave recipient under the Civil Service or Federal Employees Retirement System.

b. The leave bank board must ensure that annual leave withdrawn from the leave bank and not used before the termination of the leave recipient’s medical emergency be returned to the leave bank.

c.  The leave bank board may deem a medical emergency to continue for the purpose of providing a leave recipient with an adequate period of time within which to receive contributions of annual leave.

d. If the leave recipient’s medical emergency terminates before the employee exhausts all of the donated leave, the leave will return to the leave bank, not to the leave contributor.

3 FAM 3349.7  Appeals

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

a. If a leave recipient application is disapproved, a leave recipient applicant may appeal the original determination by request to the case manager with the reason for the appeal within 15 business days of notification.

b. Upon receipt of an appeal, the case manager will review the documentation to determine the reason the application was disapproved.

c.  Appeals will be considered individually and additional documentation may be required.

d. The leave bank board must review and render a decision within 10 business days of receiving the request for reconsideration.

e. An employee’s appeal should:

(1)  Provide all relevant information and address why the request should be reconsidered; and

(2)  Include any additional appropriate medical documentation to support the request.

f.  An appeal can only be submitted once per medical emergency.

g. The decision on the appeal must be final.

h. The case manager will notify the leave recipient applicant via email or memorandum within five business days of the decision.

3 FAM 3349.8  Records and Reports

(CT:PER-758;   12-16-2014)
(State only)
(Applies to Foreign Service & Civil Service Employees)

Records must include the following:

(1)  The number of leave bank members for each leave year;

(2)  The number of applications approved for medical emergencies affecting employees and the number of applications approved for medical emergencies affecting an employee’s family member;

(3)  The grade or pay level of each leave contributor and the total amount of leave the contributor contributed to the leave bank;

(4)  The grade or pay level and gender of each leave recipient and the total amount of annual leave the recipient actually used; and

(5)  Any additional information requested by OPM.

UNCLASSIFIED (U)