EMERGENCY LEAVE TRANSFER PROGRAM
(CT:PER-1182; 03-26-2024)
(Office of Origin: GTM/ER/WLD)
3 FAM 3361 AUTHORITY AND PURPOSE
(CT:PER-992; 05-20-2020)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. Pursuant to 5 U.S.C. 6391 and 5 CFR 630 Subpart K, in the event of a major disaster or emergency as declared by the President that results in severe adverse effects for a substantial number of employees, the U.S. Office of Personnel Management (OPM) may establish an Emergency Leave Transfer Program (ELTP).
b. Following the establishment of an ELTP to respond to a specific emergency, the Bureau of Global Talent Management (GTM) may, in its discretion, decide to administer such a program within the Department.
c. Under such a program, direct-hire Civil Service and Foreign Service employees of the Department may donate annual leave to an ELTP administered by the Department, where donations will be distributed to employees of the Department or other agencies who are adversely affected, or have family members who are adversely affected, by the disaster or emergency.
3 FAM 3362 DEFINITIONS
(CT:PER-1182; 03-26-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Disaster or emergency: A major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees (e.g., loss of life or property, serious injury, or mental illness as a result of a direct threat to life or health).
Emergency leave donor: A current employee whose voluntary written request for transfer of annual leave to an emergency leave transfer program is approved by their employing agency (OPM Form 1638, Request to Donate Annual Leave Under the Emergency Leave Transfer Program).
Emergency leave recipient: A current employee for whom the employing agency has approved an application to receive annual leave from an emergency leave transfer program (OPM Form 1637, Application to Become a Leave Recipient Under the Emergency Leave Transfer Program).
Employee: An employee as defined in 5 U.S.C. 6331(1), which refers to 5 U.S.C. 6301(2).
Family member: An individual with any of the following relationships to the employee:
(1) Spouse, and parents thereof;
(2) Sons and daughters (including biological, adopted, step, or foster children, or a person who is or was a legal ward of the employee or for whom the employee stands or stood in loco parentis when the individual was a minor or required a legal guardian or someone to stand in loco parentis), and spouses thereof, and the sons or daughters of an employee’s spouse or domestic partner;
(3) Parents (including biological, adoptive, step, or foster parents of the employee or a person who was a foster parent of the employee, is/was the legal guardian of the employee, or stood in loco parentis to the employee when the employee was a minor, required a legal guardian, or required someone to stand in loco parentis) and the parents of the employee’s spouse or domestic partner;
(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.
Paid leave status: The administrative status of an employee while the employee is using annual or sick leave accrued or accumulated under subchapter I of Chapter 63, of Title 5 U.S.C.
3 FAM 3363 GENERAL GUIDELINES
(CT:PER-992; 05-20-2020)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. When directed by the President, OPM will notify agencies of the establishment of an emergency leave transfer program for a specific disaster or emergency, as declared by the President. In certain situations, OPM may delegate to an agency the authority to establish an emergency leave transfer program.
b. An employee who has been adversely affected by a disaster or emergency, either directly or through an adversely affected family member(s), as defined in 3 FAM 3362, may apply to become an emergency leave recipient.
c. An employee is considered to be adversely affected if the disaster or emergency has caused the employee severe hardship to such a degree that the employee's absence from work is required.
d. Emergency leave may be used to assist a family member, as defined in 3 FAM 3362, who has been affected by a disaster or emergency where such family member has no reasonable access to other forms of assistance.
e. Only employees who have requested and used advanced annual leave, advanced sick leave, and/or LWOP in connection with a disaster or emergency are eligible to apply for leave donations under ELTP. If they are later approved to become an ELTP recipient, employees will not be able to retroactively substitute donated annual leave for any accrued annual leave or sick leave that they used.
f. An emergency leave recipient may use donated annual leave without having to exhaust their accrued annual and sick leave.
g. In contrast to the Voluntary Shared Leave Programs (Voluntary Leave Bank Program and Voluntary Leave Transfer Program), which allow for the transfer of donated leave to individual employees experiencing qualifying medical emergencies, the intent of the ELTP is to provide mass transfers of annual leave to employees adversely affected by disasters or emergencies – not individual employees. Under certain circumstances, an employee who is enrolled as a recipient for the ELTP may also be enrolled in one of the Voluntary Shared Leave Programs due to a qualifying medical emergency. In such a case, a leave donor may choose to donate annual leave through the Voluntary Shared Leave Programs directly to that leave recipient via GEMS Self-Service for purposes of that employee’s qualifying medical emergency. Information on the Voluntary Shared Leave Programs, which are separate from the ELTP, can be found in 3 FAM 3340.
h. GTM/ER will coordinate with OPM on the transfer of leave to/from other agencies in accordance with 5 CFR 630.1112. Application procedures for both leave donors and recipients under ELTP are outlined in 3 FAH-1 H-3360.
3 FAM 3364 ESTABLISHMENT OF AN EMERGENCY LEAVE TRANSFER PROGRAM
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. When the President declares a major disaster or emergency and directs OPM to establish an emergency leave transfer program, OPM will establish such an emergency leave transfer program specific to that disaster or emergency.
b. Once notified by OPM of the establishment of an ELTP for a specific disaster or emergency, the Director General of the Foreign Service and Director of Global Talent or the Deputy Assistant Secretary for Global Talent with oversight of the Office of Employee Relations (GTM/ER), may decide to establish an ELTP for the Department.
c. Upon the establishment of a Department ELTP, the Office of Employee Relations (GTM/ER) is authorized to do the following:
(1) Determine whether affected employees need donated annual leave, and, if so, how much;
(2) Approve emergency leave donors and/or recipients within the Department, as appropriate;
(3) Facilitate the distribution of donated annual leave from approved emergency leave donors to approved emergency leave recipients; and
(4) Determine the period of time for which donated annual leave may be accepted for transfer to approved emergency leave recipients.
3 FAM 3365 RESPONSIBILITIES
3 FAM 3365.1 Supervisors
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Supervisors are responsible for:
(1) Providing affected employees with the ELTP information in this subchapter;
(2) Reviewing Form OPM-1637, Application to Become a Leave Recipient Under the Emergency Leave Transfer Program, and completing item 13 of the form with recommendation for approval or disapproval based on whether the employee is or has been adversely affected by the disaster or emergency, i.e., whether the disaster or emergency has caused severe hardship to the employee or a family member of the employee to such a degree that the employee’s absence from work is required; and
(3) If recommending disapproval, providing the employee with a written statement (e.g., email) explaining the reasons for the disapproval recommendation.
3 FAM 3365.2 Employees or Personal Representatives
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Employees or personal representatives are responsible for:
(1) Reviewing the ELTP policy and procedures contained in 3 FAM 3360 and 3 FAH-1 H-3360, respectively;
(2) Completing Form OPM-1637 as detailed in 3 FAH-1 H-3361.1;
(3) Submitting Form OPM-1637 to the employee’s supervisor for approval/disapproval recommendation as detailed in 3 FAH-1 H-3361.1;
(4) Submitting Form OPM-1637 to GTM/ER (ELTP@state.gov) after the supervisor returns it to the employee;
(5) Providing any additional documentation or information requested by GTM/ER per 3 FAM 3365.6;
(6) Notifying GTM/ER when the employee or employee’s family member is no longer affected by the disaster or emergency; and
(7) Notifying GTM/ER if/when the employee’s Federal service terminates during the time period of the disaster or emergency.
3 FAM 3365.3 Bureau of Global Talent Management, Office of Employee Relations (GTM/ER)
(CT:PER-992; 05-20-2020)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. GTM/ER coordinates the Emergency Leave Transfer Program and has responsibility to:
(1) Determine whether affected employees need donated annual leave, and, if so, how much;
(2) Determine the period of time for which donated annual leave may be accepted for transfer to approved emergency leave recipients;
(3) In coordination with the Bureau of the Comptroller and Global Financial Services (CGFS), monitor the amount of donated annual leave and the need for donated leave by Department emergency leave recipients throughout the disaster or emergency;
(4) Request assistance from OPM in obtaining additional annual leave from other agencies when there is insufficient donated leave for the emergency leave recipients;
(5) Upon receipt of the completed Form OPM-1637, approve or deny employee applications to be designated emergency leave recipients within 10 business days;
(6) Forward approved Forms OPM-1637 to CGFS, and direct CGFS to effect the transfer of annual leave as described in the approved Forms OPM-1637 and maintain records of all transactions;
(7) Publicize the needs and benefits of the emergency leave transfer program; and
(8) Notify CGFS when the disaster or emergency of an employee no longer exists.
b. When notified by OPM of the need for leave donations for other agencies, GTM/ER will solicit donations from Department of State employees in accordance with 5 CFR 630.1112.
3 FAM 3365.4 Deputy Assistant Secretary (DAS), Bureau of Global Talent Management
(CT:PER-992; 05-20-2020)
(State only)
(Applies to Foreign Service and Civil Service Employees)
The DAS in the Bureau of Global Talent Management with oversight of the Office of Employee Relations (GTM/ER) will reconsider denials of an emergency leave recipient’s application upon the request of the employee.
3 FAM 3365.5 Bureau of the Comptroller and Global Financial Services (CGFS)
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. The Bureau of the Comptroller and Global Financial Services (CGFS/C/APP) will:
(1) Receive emergency leave donors' applications from GTM/ER, transfer donated leave to approved emergency leave recipients, and maintain records of all transactions; and
(2) Restore unused donated leave. When a disaster or emergency affecting an emergency leave recipient is terminated, any annual leave donated to an emergency leave transfer program that is not used by an approved emergency leave recipient must be returned to emergency leave donors. CGFS will notify GTM/ER of the amount of remaining unused donated leave, and determine the amount of annual leave to be restored to each of the emergency leave donors who, on the date leave restoration is made, is an employee. The amount of remaining annual leave to be returned to each donor must be proportional to the amount of annual leave donated by the employee for the specific disaster or emergency.
b. At the election of the emergency leave donor, unused transferred annual leave restored to the donor may be restored by:
(1) Crediting the restored annual leave to the emergency leave donor's annual leave account in the current leave year; or
(2) Crediting the restored annual leave to the emergency leave donor's annual leave account effective as of the first day of the following leave year.
c. Annual leave donated to an emergency leave transfer program for a specific disaster or emergency may not be transferred to another emergency leave transfer program established for a different disaster or emergency.
3 FAM 3365.6 Documentation and/or Investigation
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Officials adjudicating an emergency leave recipient application may request the applicant provide additional documentation or information.
3 FAM 3366 annual leave
3 FAM 3366.1 Using Donated Annual Leave
(CT:PER-1182; 03-26-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. After approval of an application (Form OPM-1637, Application to Become a Leave Recipient Under the Emergency Leave Transfer Program), annual leave donations for the emergency leave transfer program may be:
(1) Substituted retroactively for any period of leave without pay (LWOP) used by the emergency leave recipient because of the adverse effects of the disaster or emergency; or
(2) Used to liquidate an indebtedness incurred by the emergency leave recipient for advanced annual or sick leave used due to the adverse effects of the disaster or emergency.
b. An emergency leave recipient may be advanced annual or sick leave, as appropriate (even if the employee has available annual and sick leave), so that the emergency leave recipient is not forced to use their accrued leave before donated annual leave becomes available.
3 FAM 3366.2 Accrual of Annual and Sick Leave
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employee)
a. While an emergency leave recipient is using donated annual leave from an emergency leave transfer program, annual and sick leave will accrue to the credit of the employee at the same rate as if the employee were in a paid leave status.
b. Accrued annual and sick leave are also subject to the limitations imposed by 3 FAM 3410 and 3 FAM 3420, respectively, at the end of the leave year in which the transferred annual leave is received.
3 FAM 3367 Limitations On Donated Annual Leave
3 FAM 3367.1 Emergency Leave Recipients
(CT:PER-1182; 03-26-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. Annual leave donated under the ELTP may be substituted only for advanced annual or sick leave or LWOP used because of the disaster or emergency.
b. An emergency leave recipient may receive a minimum of 1 hour and a maximum of 240 hours of donated annual leave from an emergency leave transfer program for each disaster or emergency.
c. After taking into consideration the amount of donated annual leave available to all approved emergency leave recipients and the needs of individual emergency leave recipients, GTM/ER may allow an employee to receive additional disbursements of donated annual leave based on the employee's continuing need. Each disbursement of transferred annual leave may not exceed 240 hours.
d. An approved emergency leave recipient with a continuing need for donated leave may only apply for an additional disbursement(s) after the employee exhausts their previously donated annual leave, subject to availability. The recipient must submit a new application for the additional disbursement(s).
e. Each emergency leave recipient must use the donated annual leave only for purposes related to the disaster or emergency for which the emergency leave recipient was approved. An employee must provide notification to GTM/ER as soon as they are no longer affected by the disaster or emergency.
f. Annual leave transferred under the emergency leave transfer program may not be:
(1) Included in a lump-sum payment under 5 U.S.C. 5551 or 5 U.S.C. 5552;
(2) Made available for recredit under 5 U.S.C. 6306 upon reemployment by a Federal agency; or
(3) Used to establish initial eligibility for immediate retirement or acquire eligibility to continue health benefits into retirement under 5 U.S.C. 6302(g).
3 FAM 3367.2 Emergency Leave Donors
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. An emergency leave donor may not donate annual leave to an ELTP for transfer to a specific emergency leave recipient.
b. An emergency leave donor may not contribute less than 1 hour or more than 104 hours of annual leave to an ELTP in a leave year.
c. GTM/ER may waive the 104-hour donation limit described in paragraph b of this section. Waivers may be considered when there is a significant shortfall in the number of donations needed by approved emergency leave recipients because of an extreme nature of the emergency or disaster.
d. Annual leave donated to an emergency leave transfer program is not applied against the limitations on the donation of annual leave under the Voluntary Leave Transfer Program or Voluntary Leave Bank Program detailed in 3 FAM 3346.
e. An emergency leave donor with restored annual leave to their credit may contribute such leave to an emergency leave transfer program, subject to the leave contribution limits explained herein.
3 FAM 3368 Prohibition of Coercion
(CT:PER-922; 09-17-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee with respect to donating, receiving, or using annual leave. Violations of this prohibition could result in disciplinary action. The term "intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as appointment, promotion or compensation) or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
3 FAM 3369 Termination of Disaster or Emergency
(CT:PER-1182; 03-26-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. The disaster or emergency affecting an emergency leave recipient should terminate when the first of these conditions occurs:
(1) When the Department determines that the disaster or emergency has terminated;
(2) When the emergency leave recipient's Federal service terminates;
(3) At the end of the biweekly pay period in which the emergency leave recipient, or their personal representative, notifies GTM/ER that the employee is no longer affected by the disaster or emergency;
(4) At the end of the biweekly pay period in which GTM/ER determines, after providing written notice to an emergency leave recipient or their personal representative and an opportunity for the recipient or their personal representative to answer orally or in writing, that the emergency leave recipient is no longer affected by such disaster or emergency; or
(5) At the end of the biweekly pay period in which the Department receives notification that OPM has approved an application for disability retirement for the emergency leave recipient under the Civil Service Retirement System (CSRS) or the Federal Employee's Retirement System (FERS).
b. When a disaster or emergency affecting an emergency leave recipient is terminated, no further requests for transfer of donated annual leave to the emergency leave recipient may be granted. Any unused transferred annual leave remaining to the emergency leave recipient’s credit will be restored to the emergency leave donor(s).