3 FAM 3480
WEATHER AND SAFETY LEAVE
(CT:PER-1183; 04-08-2024)
(Office of Origin: GTM/ER/WLD)
3 fam 3481 GENERAL INFORMATION
3 FAM 3481.1 Purpose
(CT:PER-910; 05-09-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Subject to the provisions in this subchapter, the Department may grant a separate type of paid leave, called weather and safety leave (WSL), to employees only if they are prevented from safely traveling to or safely performing work at an approved work location due to:
(1) An act of God as defined in 3 FAM 3481.4;
(2) A terrorist attack; or
(3) Another condition that prevents an employee or group of employees from safely traveling to or safely performing work at an approved work location.
3 FAM 3481.2 Authorities
(CT:PER-910; 05-09-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
The following authorities are cited:
(1) 5 U.S.C. 6329c;
(2) 5 CFR 630, Subpart P.
3 FAM 3481.3 Applicability
(CT:PER-910; 05-09-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
This subchapter applies to all direct-hire Foreign Service and Civil Service employees of the Department of State, except for intermittent employees (i.e., part-time employees who do not have an established regular tour of duty during the administrative work week).
3 FAM 3481.4 Definitions
(CT:PER-1183; 04-08-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Act of God means an act of nature, including, but not limited to, hurricanes, tornadoes, floods, wildfires, earthquakes, landslides, snowstorms, and avalanches.
Approved work location(s):
(1) For employee not participating in a telework arrangement means the regular worksite(s) of an employee’s position of record where the employee regularly performs their duties;
(2) For employee participating in a domestic core or situational telework arrangement means the regular worksite(s) of an employee’s position of record (where the employee regularly performs their duties) and the employee’s approved alternate work site(s), as described in 3 FAM 2361.4;
(3) For employee participating in a domestic employees teleworking overseas (DETO) arrangement means the regular worksite(s) of an employee’s position of record (where the employee would regularly perform their duties in the absence of a DETO arrangement) and the employee’s overseas alternate worksite(s), as described in 3 FAM 2368.2 and 3 FAM 2368.10; and
(4) For employee on temporary duty (TDY) away from their regular duty station means the employee’s worksite at their temporary duty station or any other approved worksite.
OPM means the Office of Personnel Management.
Participating in a telework program means an employee is eligible to telework and has an established telework arrangement (i.e., a valid, approved telework agreement) with the Department under which the employee is approved to participate in the Department telework program, including on a core or situational basis. Such an employee who teleworks on a situational basis (i.e., has a valid, approved situational telework agreement) is considered to be continuously participating in a telework program even if there are extended periods during which the employee does not perform telework.
Weather and safety leave (WSL) means paid leave provided under the authority of 5 U.S.C. 6329c.
WSL conditions means an act of God, a terrorist attack, or another condition that prevents an employee or group of employees from safely traveling to or safely performing work at an approved work location.
3 FAM 3482 AUTHORIZING weather and safety leave
(CT:PER-910; 05-09-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. OPM will provide guidance to Federal agencies related to the appropriate use of WSL, including OPM guidance on Government-wide dismissal and closure policies and procedures. It is expected that such guidance will deal not only with when it is appropriate to use WSL, but also when other workplace flexibility options (including unscheduled leave, unscheduled telework and flexible work schedules) should be used in lieu of WSL. OPM will continue to issue Federal operating status announcements for the Washington, DC, area.
b. Domestic offices in the Washington, DC area:
(1) Authorizations for WSL for eligible employees will generally be based on OPM’s operating status announcements, unless office-specific conditions require grants of WSL beyond that contemplated by OPM’s operating status (e.g., in the case of a building-specific emergency such as a building fire, power outage, or burst water pipe);
(2) The authorizing official is the immediate supervisor, unless the employing bureau has designated a higher-level authorizing official (for example, the second-level supervisor, or executive director);
(3) Employees who are eligible for WSL and are not participating in a telework program (as defined in 3 FAM 3481.4) do not have to submit a leave request or otherwise formally request WSL. However, the employee, supervisor, and office timekeeper are responsible for ensuring that time and attendance reporting for the relevant period of WSL is properly recorded per 3 FAM 3485; and
(4) Employees who are participating in a telework program (as defined in 3 FAM 3481.4) and who may be eligible for WSL based on one of the exceptions set forth in 3 FAM 3483.2 must submit a leave request as detailed in 3 FAM 3483.3 in order to request WSL.
c. Domestic offices outside the Washington, DC area:
(1) The authorizing official is the immediate supervisor at the official work site, unless the employing bureau has designated a higher-level authorizing official (for example, the second-level supervisor, or executive director);
(2) Employees who are eligible for WSL and are not participating in a telework program (as defined in 3 FAM 3481.4) do not have to submit a leave request or otherwise formally request WSL. However, the employee, supervisor, and office timekeeper are responsible for ensuring that time and attendance reporting for the relevant period of WSL is properly recorded per 3 FAM 3485; and
(3) Employees who are participating in a telework program (as defined in 3 FAM 3481.4) and who may be eligible for WSL based on one of the exceptions set forth in 3 FAM 3483.2 must submit a leave request as detailed in 3 FAM 3483.3 in order to request WSL.
d. Posts abroad:
(1) The authorizing official is the immediate supervisor, unless the chief of mission or principal officer at post has designated a higher-level authorizing official (for example the second-level supervisor or deputy chief of mission);
(2) Employees who are eligible for WSL and are not participating in a telework program (as defined in 3 FAM 3481.4) do not have to submit a leave request or otherwise formally request WSL. However, the employee, supervisor, and office timekeeper are responsible for ensuring that time and attendance reporting for the relevant period of WSL is properly recorded per 3 FAM 3485; and
(3) Employees who are participating in a telework program (as defined in 3 FAM 3481.4) and who may be eligible for WSL based on one of the exceptions set forth in 3 FAM 3483.2 must submit a leave request as detailed in 3 FAM 3483.3 in order to request WSL.
3 FAM 3483 TELEWORK-READY EMPLOYEES and OTHER CONSIDERATIONS
3 FAM 3483.1 Telework-Ready Employees
(CT:PER-910; 05-09-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Employees who are participating in a telework program under 3 FAM 2360 (as described in 3 FAM 3481.4) and are able to safely travel to and perform work at an approved alternate work site (e.g., the employee’s home where that is the approved alternate worksite/telework site) may not be granted WSL unless one of the exceptions set forth in 3 FAM 3483.2 applies.
3 FAM 3483.2 Telework Considerations
(CT:PER-1183; 04-08-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. Employee participating in a core or situational telework arrangement: In most cases, employees who have a valid approved situational or core telework agreement in place are not eligible for WSL. In determining whether an exception applies such that a grant of WSL to a teleworking employee may be permissible, the authorizing official must consider whether the WSL conditions as defined in 3 FAM 3481.4 affect travel to and work at both the regular work site and the alternate work site of an employee. [Generally, WSL should be authorized based on an OPM or office-specific closure or operating status announcement.] Additionally, the authorizing official must evaluate whether an employee could have reasonably anticipated the WSL condition and whether the employee took reasonable steps (within the employee’s control) to prepare to telework at the approved alternate worksite:
(1) WSL conditions at both regular and alternate work site: If an employee is prevented from safely traveling to or safely working at the alternate work site, as well as their regular work site, due to one or more WSL conditions, the authorizing official will grant WSL to the employee, (e.g., flash flooding from a hurricane led to a power outage at an employee’s office (regular worksite) as well as their home (approved alternate worksite)); and
(2) Anticipating WSL conditions: If, in the authorizing official’s judgment, the WSL conditions could not have been reasonably anticipated, the official may approve WSL to the extent an employee was not able to prepare for telework as described in 3 FAM 3483.2, paragraph b, and is otherwise unable to perform productive work at the alternate work site:
(a) Example where WSL is appropriate: An employee is authorized to situationally telework but must prepare for their telework day in advance in order to take work files home (i.e., will not be able to perform productive work from home without work files). A tornado causes a power outage at the employee’s regular work site (i.e., office). Since the tornado and associated office power outage could not have reasonably been anticipated and because the employee could not perform productive telework without the work files, the authorizing official may grant WSL; and
(b) Example where WSL is not appropriate: An employee is authorized to situationally telework but must prepare for a telework day in advance in order to take work files home (i.e., will not be able to perform productive work from home without the work files). A snow storm is forecasted days in advance, and causes an office closure. The employee did not take the work files home and could not perform productive telework without the work files. Because the snow storm could have been reasonably anticipated and the employee could have taken but did not take reasonable steps to prepare to telework, the authorizing official may not grant WSL;
(3) WSL conditions only at alternate work site: An authorizing official will not approve WSL when the WSL condition does not prevent the employee from safely traveling to and safely performing work at the employee's regular work site, even if the affected day is a scheduled telework day, unless the employee is teleworking under a valid remote work agreement (i.e., a telework arrangement under which an employee performs the duties of their position from an alternate worksite located outside of the commuting area of their regular worksite) or DETO agreement. For example, an employee on a core telework agreement is regularly scheduled to telework on Mondays and the alternate work site is the home. A windstorm causes a power outage that knocks out power to the employee’s home and prevents the employee from teleworking from the alternate worksite on Monday. If the employee is able to safely travel to and work at the regular work site (i.e., office) on Monday, then the authorizing official will not approve weather and safety leave.
b. In making a determination under subparagraph a(2) of this section, the authorizing official must evaluate whether the WSL conditions could have been reasonably anticipated and whether the employee took reasonable steps (within the employee’s control) to prepare to perform telework at the approved telework site. For example, if a significant snowstorm is predicted, the employee may need to prepare by taking home any equipment (e.g., laptop computer) and work required for teleworking. If an employee is unable to perform work at the alternate work site because of the employee’s failure to make necessary preparations for reasonably anticipated conditions, the authorizing official will not approve WSL, and the employee must request paid leave (i.e., accrued, accumulated or advanced annual leave, or, if appropriate, sick leave), previously earned compensatory time off, or leave without pay.
c. Employee participating in DETO arrangement: If an employee is prevented from safely working at the approved overseas alternate worksite(s) due to circumstances arising from one or more of the WSL conditions described in 3 FAM 3481.1, the authorizing official will grant WSL to the employee.
d. Employee on TDY: Employees are generally not able to telework while on TDY. If an employee on TDY orders is prevented from safely traveling to or working at the temporary duty station, or any other approved work site, due to WSL conditions during the period of employee's TDY and is not located in the commuting area of employee's regular worksite or an approved alternate work site, the authorizing official shall grant WSL to the employee.
e. Dependent care responsibilities and telework:
(1) Per 3 FAM 2362.1, paragraph j, telework is not an alternative for child, elder, or dependent care. Employees must not use duty time for any purpose other than official duties, and must make other arrangements for such care. While Department policy does allow employees to telework while children or elderly parents are in the home, employees may not use duty time to care for those dependents;
(2) In certain circumstances, WSL conditions that affect an employee’s regular worksite (e.g., office) may also cause school/facility closures and result in a child/dependent staying at home with a teleworking employee. Under such a scenario, the employee may telework, consistent with Department telework policy in 3 FAM 2360, as long as the employee is not actively caring for the child/dependent. Weather and safety leave will not be granted for any time spent caring for a child/dependent. The employee would be expected to account for work and nonwork hours during their tour of duty and take the appropriate personal leave (e.g., annual leave or leave without pay) to account for the time spent away from normal work-related duties; and
(3) Example: Local federal offices are officially closed due to a snowstorm. That same snowstorm results in a school closure for an employee’s child. The employee may telework while employee's child is in the house, as long as the employee is not using any duty time to care for the child. Under this scenario, the employee would be expected to account for work and nonwork hours during employee's tour of duty and take the appropriate personal leave (e.g., annual leave or leave without pay) to account for any time spent away from normal work-related duties. The employee may not receive WSL for any time spent caring for a child.
3 FAM 3483.3 Certification Requirements
(CT:PER-1183; 04-08-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
Employees who are affected by one of the scenarios described in 3 FAM 3483.2, subparagraph (a)(1), or paragraphs c or d, must submit a request via Form DS-7100 to the authorizing official detailing the reasons why they are prevented from safely traveling to or working at the relevant work site(s), as well as the specific dates and hours for which they are requesting weather and safety leave. An employee’s own certification of their inability to safely travel to work at the relevant work site(s) due to a WSL condition is sufficient documentation to support the leave request. The employee must submit Form DS-7100 and certification within 10 workdays after the employee's return to work. Failure to do so may result in the authorizing official declining to grant WSL.
3 FAM 3483.4 Emergency Employees and Emergency Relocation Group Employees
(CT:PER-1183; 04-08-2024)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. Certain employees are designated as emergency employees who are critical to Department operations and for whom weather and safety leave may not be applicable. Emergency employees typically are employees responsible for providing essential facilities, security, and information technology services. Examples could include DS Command Center staff; Operations Center staff; Nuclear Risk Reduction Center (NRRC) staff; employees serving on the Incident Management Team coordinated by the Office of Emergency Management (A/OEM) (when notified by OEM that their presence is required to respond to the emergency situation); and others who perform essential duties that may not be suspended.
b. Bureaus and offices must ensure that employees who are emergency employees are identified as such in their work requirements and telework agreements (where applicable), and notified in writing of their status at least annually. The written notice must specify whether, in circumstances arising from one or more WSL conditions, unless directed otherwise:
(1) The emergency employee is required, irrespective of any OPM government operation status or other general dismissal or closure announcement, to report to/remain at their regular work site (e.g., office); or
(2) The emergency employee has the option to, in appropriate circumstances, telework at an approved alternate worksite (e.g., home) in lieu of traveling to/reporting at the regular worksite; and
(3) If the emergency employee is required to report for work and fails to do so, that employee may be charged absence without leave (AWOL) for the period not worked and may potentially be disciplined for AWOL.
c. Bureaus and offices may designate different emergency employees for the different circumstances expected to arise from WSL conditions.
d. Consistent with the written notice requirements in paragraph b of this section, emergency employees must report to work at either their regular work site or their approved alternate work site, as stated in the written notice, unless:
(1) The authorizing official determines that travel to or performing work at their official worksite is unsafe for emergency employees, in which case the office may require the employees to work at another location, including an approved alternate (i.e., telework) work site; or
(2) The authorizing official determines that circumstances justify granting weather and safety leave to emergency employees, consistent with the requirements in this FAM chapter, including those in 3 FAM 3482, 3 FAM 3483.1, and 3 FAM 3483.3.
e. Emergency relocation group (ERG) employees are personnel from bureaus and offices who are designated to support the Department’s continuity-of-operations programs. ERG employees may be called upon to work during emergencies involving national security, extended emergencies, or other unique situations. Policies and procedures for ERG employees are described in 6 FAM 410:
(1) ERG employees are not automatically considered emergency employees for purposes of weather and safety leave; and
(2) Bureaus and offices that choose to designate an ERG employee as an emergency employee must follow the written notification procedures outlined in paragraph b of this section.
3 FAM 3484 ADMINISTRATION OF WEATHER AND SAFETY LEAVE
(CT:PER-1183; 04-08-2023)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. WSL is taken in quarter-hour increments and the minimum is a quarter hour.
b. Employees may be granted WSL only for hours within the tour of duty established for purposes of charging annual and sick leave when absent:
(1) Full-time employees: For a full-time employee, that tour is the employee’s standard schedule, which for most employees is the 40-hour basic workweek defined in 3 FAM 2331.3;
(2) Part-time employees: For part-time employees, that tour is established in accordance with 3 FAM 2337.3-1 and leave is charged in accordance with 3 FAM 2337.3-2;
(3) Flexible work schedules: Full-time employees on flexible work schedules (FWS) may be granted up to 8 hours of weather and safety leave in a workday. (The FWS currently supported by the Department, noted in 3 FAM 2335.2, include flexitour, gliding schedule, variable-day schedule, variable-week schedule.) For a full-time employee on a variable-day or variable-week schedule, the employee must make arrangements to work extra hours during other regularly scheduled workdays or use annual leave, credit hours, or compensatory time off in order to fulfill the 80-hour biweekly work requirement. For example, an employee on a variable-day schedule must work 40 hours in a workweek. The employee worked 6 hours on Monday and was granted 8 hours of WSL on Tuesday due to a snowstorm. The employee will need to work 26 hours over the next 3 workdays, or alternately use leave, credit hours, or compensatory time off to meet the 40-hour workweek requirement; and
(4) Compressed work schedules: Full-time employees on compressed work schedules (e.g., 4-day workweek or 5/4-9 compressed) may be granted weather and safety leave up to the amount of non-overtime hours they would otherwise work on that workday. For example, if the conditions for granting weather and safety leave occurred on an employee’s 10-hour workday, the authorizing official may grant up to 10 hours of weather and safety leave.
c. Unless one of the situations in 3 FAM 3484, paragraph d applies, employees will not receive weather and safety leave for hours during which they are on other preapproved leave (paid or unpaid) or paid time off. The authorizing official will not approve weather and safety leave for an employee, who, in the authorizing official’s judgment, is cancelling preapproved leave or paid time off, or changing a regular day off in a flexible or compressed work schedule, for the primary purpose of obtaining weather and safety leave.
d. Employees may cancel preapproved leave or paid time off in certain situations arising from WSL conditions and may be granted WSL if all other WSL requirements for WSL are met:
(1) Sick leave for appointment: If an employee was previously approved to use sick leave and the legal basis for that sick leave has been eliminated due to WSL conditions, the sick leave must be cancelled and WSL may be granted if consistent with all other provisions in this FAM subchapter. For example, an employee is scheduled to use sick leave for a medical appointment and that medical appointment is cancelled due to a blizzard, that employee’s sick leave must be cancelled and the employee may be granted WSL if eligible (e.g., if the employee is a nonteleworking and nonemergency employee and is prevented by the WSL condition from safely traveling to, or safely performing work, at an approved worksite);
(2) Sick leave due to illness: If an employee is on previously approved sick leave due to the employee’s own illness during WSL conditions described in 3 FAM 3481.1, that employee will remain on sick leave; and
(3) Leave in connection with personal travel: If an employee has been approved to use annual leave, leave without pay, or compensatory time off in connection with personal travel and that travel has been delayed or cancelled due to WSL conditions, the employee may choose to cancel their previously approved leave. For example, a hurricane closes an employee’s office and also results in their vacation flight being cancelled. The employee may choose to cancel their annual leave and may receive WSL if they are a nontelework employee and nonemergency employee who is prevented from safely traveling to or performing work at an approved worksite.
3 FAM 3485 RECORDS AND REPORTING
(CT:PER-910; 05-09-2018)
(State only)
(Applies to Foreign Service and Civil Service Employees)
a. Authorizing officials must ensure that time and attendance reports from office timekeepers accurately reflect any weather and safety leave granted by the official. Employees share responsibilities with the timekeeper and authorizing official in affirming the accuracy and completeness of leave used during each pay period, as required in 4 FAH-3 H-525.
b. The Bureau of the Comptroller and Global Financial Services (CGFS) must designate and account for weather and safety leave under this subchapter as a category of leave separate from all other types of leave.
3 fam 3486 through 3489 unassigned