3 FAM 3530

THE FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA)

(CT:PER-787;   11-03-2015)
(Office of Origin:  HR/ER/WLD)

3 FAM 3531  AUTHORITY

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The following authorities apply to the Family and Medical Leave Act ("FMLA" or the "Act"):

(1)  5 U.S.C. 6381 through 5 U.S.C. 6387; and

(2)  5 CFR 630.1201-1211 and 5 CFR 890.502.

3 FAM 3532  PURPOSE AND RESPONSIBILITIES

3 FAM 3532.1  Purpose

(CT:PER-775;   07-02-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Employees are entitled to family and medical leave of up to a total of 12 administrative workweeks of unpaid leave during any 12-month period for certain specified family and medical needs.

3 FAM 3532.2  Responsibilities

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Executive directors are responsible to:

(1)  Advise domestic and abroad managers, supervisors, and employees on the provisions of FMLA, and ensure that supervisors and managers are provided with training and/or guidance, as needed, on the statutory entitlements and regulatory requirements of the Act; and

(2)  Provide oversight of applications for FMLA to determine that requests meet all requirements; employees have not exhausted their entitlement within the previous 12 months; and appropriate documentation has been submitted.  The executive director approves or disapproves applications accordingly and returns to originating office.

b. Supervisors and managers are responsible for:

(1)  Providing employees with available information on FMLA;

(2)  Advising employees of right to invoke FMLA when aware that an employee is experiencing family and/or medical needs identified in 3 FAM 3534;

(3)  Advising employees invoking FMLA to complete Forms DS-1923, Family and Medical Leave Act (FMLA) and OPM-71, Request for Leave or Approved Absence, and provide medical documentation in accordance with 3 FAM 3534.6;

(4)  Signing Form DS-1923, Family and Medical Leave Act (FMLA) and submitting to bureau Executive Director for review and signature;

(5)  Arranging an intermittent or reduced leave schedule for employee if medically necessary under 3 FAM 3534.1, subparagraphs a(3), a(4), or paragraph g;

(6)  Arranging an intermittent or reduced leave schedule for employee based on a mutual agreement between the Department and employee for purposes under 3 FAM 3534.1, paragraph g;

(7)  Arranging an intermittent or reduced leave schedule for employee based on a mutual agreement between the Department and employee and to the maximum extent practicable for purposed under 3 FAM 3534.1, subparagraphs a(1) or a(2), including to care for or bond with a healthy son or daughter; and

(8)  Providing written notice to employees who are subject to a medical evaluation program advising them of the requirement for medical certification before returning to duty following an absence due to a serious health condition (3 FAM 3535.1, paragraph b).

c.  Employees are responsible for:

(1)  Keeping abreast of, and seeking guidance on, as necessary, provisions of FMLA and sick and annual leave;

(2)  Providing notice to the supervisor 30 calendar days before the date that the unpaid or paid absence pursuant to the Act is to begin or as soon as is practicable;

(3)  Completing, signing, and submission to supervisor Forms DS-1923, Family and Medical Leave Act (FMLA) and OPM-71, Request for Leave or Approved Absence, in addition to submission of medical documentation in accordance with 3 FAM 3534.6; and

(4)  Consulting with their supervisors regarding scheduling requests relating to an intermittent or reduced leave schedule for purposes under 3 FAM 3534.1, subparagraphs a(1) or a(2), including to care for or bond with a healthy son or daughter, in order to minimize the impact on Department operations.

3 FAM 3533  APPLICABILITY

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. These regulations apply to the following employees in accordance with the Family and Medical Leave Act (FMLA):

(1)  All full-time and part-time employees serving under permanent appointments who have completed at least 12 months of qualifying Federal Government service (not required to be consecutive or at the same agency);

(2)  Employees serving under temporary appointments of more than 1 year provided they have completed at least 12 months of qualifying Federal Government service, (not required to be consecutive or at the same agency); and

(3)  Employees serving on family member appointments who have completed at least 12 months of qualifying Federal Government service, (not required to be consecutive or at the same agency).

b. Locally employed staff, all intermittent employees, and temporary employees employed abroad are not covered by these regulations.

c.  Time spent on a temporary appointment of 1 year or less is not creditable towards the 12 months of service required for eligibility under FMLA.

d. Supervisors may grant an employee who does not possess sufficient qualifying Federal Government service to be eligible for FMLA with leave without pay (LWOP) in accordance with 3 FAM 3510.

3 FAM 3534  GENERAL

3 FAM 3534.1  Leave Entitlement

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. An employee is entitled to a total of up to 12 administrative workweeks of unpaid leave during any 12-month period for one or more of these purposes:

(1)  The birth of a son or daughter of the employee and the care of such son or daughter;

(2)  The placement of a child with the employee for adoption or foster care;

(3)  The care of a spouse, son or daughter, or parent of the employee who has a serious health condition (including for prenatal care or incapacitation due to pregnancy, childbirth, recovery from childbirth, periods of morning sickness, or medically prescribed bed rest);

(4)  A serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position (including for prenatal care or incapacitation for the performance of duties by pregnancy, childbirth, recovery from childbirth, periods of morning sickness, or medically prescribed bed rest); or

(5)  A qualifying (military) exigency as outlined in 3 FAM 3534.2.

b. An employee may take only the amount of family and medical leave that is necessary to manage the circumstances that prompted the need for leave as described above, up to the 12-week limitation.

c.  Except as provided in 3 FAM 3534.1, paragraph d, the 12-month period referred to in 3 FAM 3534.1, paragraph a, begins on the date an employee first takes leave for a family or medical need specified in 3 FAM 3534.1, paragraph a, and continues for 12 months.  An employee is not entitled to 12 additional workweeks of leave until the previous 12-month period ends and an event or situation occurs that entitles the employee to another period of family or medical leave.  (This may include a continuation of a previous situation or circumstance.)

d. The entitlement total not-to-exceed 12 administrative workweeks of leave under 3 FAM 3534.1, subparagraphs a(1) and a(2):

(1)  May begin prior to or on the actual date of birth or placement for adoption or foster care; and

(2)  Must expire 12 months after the date of birth or placement.  Leave for a birth or placement must be concluded within 12 months after the date of birth or placement.

e. Holidays or nonworkdays authorized under 5 U.S.C. 6103, Federal statute, Executive Order, or administrative order are not counted against the 12-week entitlement.

f.  A total of 12 weeks will be made available equally for a full-time or part-time employee in direct proportion to the number of hours in the employee’s regularly scheduled administrative workweek.  The 12 weeks of time off under the FMLA will be calculated on an hourly basis and will equal 12 times the average number of hours in the employee’s regularly scheduled administrative workweek.  If the number of hours in an employee’s workweek varies, a weekly average of the hours scheduled over the 12 weeks prior to the date the time off under FMLA commences must be used as the basis for this calculation.

g. An employee who is the spouse, son, daughter, parent, or next of kin of a covered service member must be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the service member.  The leave described in this paragraph must only be available during a single 12-month period.  During such a single 12-month period, an employee must be entitled to a combined total of 26 administrative workweeks under 3 FAM 3534.1, paragraphs a and g.  This paragraph does not limit the availability of FMLA under 3534.1, paragraph a during any other 12-month period.

h. Additional details are found in 5 CFR 630.1203.

3 FAM 3534.2  Qualifying Military Exigency Leave

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

An employee may take FMLA leave because of a qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent (the "covered military member") is on covered active duty is called to covered active duty status for one or more of the qualifying following exigencies:

(1)  To address any issue that arises from the fact that a covered military member is notified of an impending call or order to covered active duty seven or fewer calendar days prior to the date of deployment.  Leave taken for this purpose can be used for a period of up to seven calendar days beginning on the date a covered military member is notified of an impending call or order to covered active duty;

(2)  Military events and related activities such as:

(a)  Attending any official ceremony, program or event sponsored by the military that is related to the covered active duty or call to covered active duty status of a covered military member; and

(b)  Attending family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the covered active duty or call to covered active duty status of a covered military member;

(3)  Childcare and school activities:

(a)  To arrange for alternative childcare when the covered active duty or call to covered active duty status of a covered military member necessitates a change in the existing childcare arrangement for a child;

(b)  To provide childcare on an urgent, immediate need basis (but not on a routine, regular, or everyday basis) when the need to provide such care arises from the covered active duty or call to covered active duty status of a covered military member for a child;

(c)  To enroll in or transfer to a new school or day care facility a child when enrollment or transfer is necessitated by the covered active duty or call to covered active duty status of a covered military member; and

(d)  To attend meetings with staff at a school or a daycare facility, such as meetings with school officials for a child when such meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty status of a covered military member;

(4)  Financial and legal arrangements:

(a)  To make or update financial or legal arrangements to address the covered military member's absence while on covered active duty or call to covered active duty status, such as preparing and executing financial and health care powers of attorney, transferring bank account signature authority, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), obtaining military identification cards, or preparing or updating a will or living trust; and

(b)  To act as the covered military member's representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the covered military member is on covered active duty or call to covered active duty status, and for a period of 90 days following the termination of the covered military member's covered active duty status;

(5)  To attend counseling provided by someone other than a health care provider for oneself, for the covered military member, or for a child as defined in subparagraph (3)(d) of this section, provided that the need for counseling arises from the covered active duty or call to covered active duty status of a covered military member;

(6)  To spend time with a covered military member who is on short-term, temporary, rest and recuperation leave during the period of deployment. Eligible employees may take up to 5 days of leave for each instance of rest and recuperation;

(7)  Post-deployment activities:

(a)  To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered military member's covered active duty status; and

(b)  To address issues that arise from the death of a covered military member while on covered active duty status, such as meeting and recovering the body of the covered military member and making funeral arrangements;

(8)  To address other events that arise out of the covered military member's covered active duty or call to covered active duty status, provided that the Department and employee agree that such leave qualifies as an exigency, and that they agree to both the timing and duration of such leave; and

(9)  Additional details are found in 5 CFR 630.1204.

3 FAM 3534.3  Intermittent Leave or Reduced Leave Schedule

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Paid leave or leave without pay under 3 FAM 3534.1, subparagraphs a(1) or a(2), or a(5) may be taken intermittently or on a reduced leave schedule subject to the mutual agreement of the employee and the supervisor in accordance with 3 FAM 3532.2, subparagraph b(6), 3 FAM 3532.2, subparagraph b(7), and 3 FAM 3532.2, subparagraph c(4).

b. Paid leave or leave without pay under 3 FAM 3534.1 subparagraphs a(3), a(4), or paragraph g, may be taken intermittently or on a reduced leave schedule when medically necessary, subject to the provisions of 3 FAM 3534.6 and 3 FAM 3534.7.

c.  5 CFR 630.1205 provides additional details on employees under an intermittent or reduced leave schedule.

3 FAM 3534.4  Stacking Leave

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. An employee may choose to use his or her entitlement to accrued sick leave to care for a family member with a serious health condition or for the employee’s serious health condition (3 FAM 3534.1, subparagraphs a(3) and a(4)) before invoking the Family and Medical Leave Act (FMLA).  See 3 FAH-1 H-3425 on limitations on the use of sick leave to care for a family member.

b. An employee may also use accrued annual leave before invoking FMLA for the purposes listed under 3 FAM 3534.1 paragraph a, subject to the approval of the supervisor.  If disapproved, the employee may invoke FMLA and substitute accrued annual leave for any or all of the period of unpaid leave.

3 FAM 3534.5  Substitution of Paid Leave

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Except as provided in 3 FAM 3534.5, paragraph b, leave taken under the FMLA entitlement must be leave without pay.  See 3 FAH-1 H-3500 regarding the issuance of a SF-50, Notification of Personnel Action, for leave without pay.

b. An employee may elect to substitute the following paid time off for any or all of the period of unpaid leave:

(1)  Accrued or accumulated annual or sick leave, including sick leave to care for a seriously ill family member (3 FAH-1 H-3425), consistent with regulations in 3 FAM 3410, 3 FAM 3420, 3 FAH–1 H-3410 and 3 FAH-1 H-3420, governing the granting and use of annual or sick leave;

(2)  Advanced annual or sick leave approved under the provisions of 3 FAM 3416 and 3 FAM 3428;

(3)  Leave made available to an employee under the Voluntary Leave Transfer Program or Voluntary Leave Bank Program, but only for the purposes specified in 3 FAM 3340;

(4)  Compensatory time off; and

(5)  Credit hours accrued under a flexible work schedule.

c.  A supervisor may not deny an employee’s right to substitute paid leave under paragraph b of this section for any or all of the period of leave taken under the FMLA entitlement.

d. A supervisor may not require an employee to substitute paid leave under paragraph b of this section for any and all of the period of leave taken under the FMLA entitlement.

3 FAM 3534.6  Advance Notification to Invoke FMLA

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. An employee who seeks leave for one of the reasons in 3 FAM 3534.1, paragraphs a or g, is responsible for invoking his or her entitlement to FMLA.  Supervisors must be aware of employee rights under FMLA and advise employees accordingly.  If the employee’s absence is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, the employee must provide notice to the supervisor of his or her intention to take leave or leave without pay not less than 30 calendar days before the date the absence is to begin.  If one of these events requires the absence to begin within 30 calendar days, the employee must provide notice as soon as is practicable.

b. If the employee’s absence under 3 FAM 3534.1, subparagraphs a(1) or a(2), is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, the employee must provide notice to the supervisor of his or her intention to take leave or leave without pay not less than 30 calendar days before the date the absence is to begin.  If one of these events requires the absence to begin within 30 calendar days, the employee must provide notice as soon as is practicable.

c.  If leave taken under 3 FAM 3534.1, subparagraphs a(3), a(4), or paragraph g, is foreseeable based on planned medical treatment, the employee must provide notice to the supervisor of the employee intention to take leave or leave without pay not less than 30 calendar days before the date the absence is to begin, except if the date of treatment requires leave to begin in less than 30 days, in which case the employee must provide such notice as is practicable.  The employee must consult with the supervisor and make a reasonable effort to schedule medical treatment so as not to unduly disrupt the operations of the Department, subject to the approval of the health care provider.  A supervisor may, for justifiable case, request that an employee reschedule medical treatment, subject to the approval of the health care provider.

d. If the need for leave taken under 3 FAM 3534.1, subparagraph a(5) is foreseeable, the employee must provide notice as soon as practicable, regardless of how far in advance the leave is being requested.

e. If the need for leave is not foreseeable, the employee must provide notice within a reasonable period of time appropriate to the circumstances involved.  In such circumstances where the leave is not foreseeable and the employee is unable, due to circumstances beyond the employee control, to provide notice of the employee need for leave, the leave may not be delayed or denied.  If the need for leave is foreseeable and the employee fails to provide the required notice, supervisors may delay the taking of leave under 3 FAM 3534.1, paragraph a, until at least 30 calendar days after the date on which the employee provides notice of the employee need for leave.

f.  An employee may not retroactively invoke entitlement to the Family and Medical Leave Act (FMLA) unless the employee and his or her personal representative are physically or mentally incapable of invoking entitlement to FMLA during the entire period of absence from work.  In this situation, the employee must retroactively invoke entitlement to FMLA within two workdays after returning to work, with the employee's incapacity documented by a written medical certification from a health care provider and documentation acceptable to the Department explaining the inability of the employee's personal representative to invoke the employee's entitlement to FMLA.

g. Employee's assigned in the United States or abroad who invoke the FMLA are required to complete and submit Form OPM-71, Request for Leave or Approved Absence and Form DS-1923, Family and Medical Leave Act (FMLA), to the immediate supervisor who will forward it through appropriate supervisory channels to the bureau office of the executive director.  The bureau executive director approves the request if the applicant meets the requirements of FMLA.

h. 5 CFR 630.1207 provides additional regulatory provisions on notice of leave.

3 FAM 3534.7  Medical Certificates

(CT:PER-775;   07-02-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. An employee seeking leave or leave without pay to care for a family member, or because of personal medical care or treatment, must submit medical certification completed by the health care provider of the employee or the health care provider of the spouse, son, daughter, or parent of the employee, as appropriate.  An employee must provide the completed medical certification to their bureau's HR official along with the application form, or as soon as possible thereafter, but no later than 15 calendar days after the supervisor requests it.  If it is not practicable, despite the employee’s diligent good faith efforts, to obtain the medical certificate within 15 calendar days, the employee must provide the medical certificate no later than 30 calendar days from the time the supervisor first requests it.

b. The written medical certification must include:

(1)  The date the serious health condition commenced;

(2)  The probable duration of the serious health condition or specify that the serious health condition is a chronic or continuing condition with an unknown duration and whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity;

(3)  The appropriate medical facts within the knowledge of the health care provider regarding the serious health condition, including a general statement as to the incapacitation, examination, or treatment that may be required by a health care provider;

(4)  In the case of an employee's own serious health condition, a statement that the employee is unable to perform one or more of the essential functions of the employee position or requires medical treatment for a serious health condition, based on written information provided by the Department on the essential functions of the employee's position or, if not provided, discussion with the employee about the essential functions of his or her position;

(5)  In the case of an employee caring for a family member, a statement from the health care provider that the spouse, son, daughter, or parent of the employee requires psychological comfort and/or physical care needs assistance for basic medical, hygienic, nutritional, safety, or transportation needs or in making arrangements to meet such needs, and would benefit from the employee’s care or presence;

(6)  A statement from the employee on the care the employee will provide and an estimate of the amount of time to care for the employee spouse, parent, son or daughter; and

(7)  In the case of certification of intermittent leave or leave on a reduced schedule for planned medical treatment, the dates (actual or estimates) on which such treatment is expected to be given, the duration of such treatment, and any recovery period.  Should such intermittent leave or leave on a reduced schedule be for a serious health condition that is a chronic or continuing condition with an unknown duration, the certification should specify this and the likely duration and frequency of episodes of incapacity.

c.  The U.S. Department of Labor Form WH-380, Certification of Health Care Provider, may be used by the health care provider to provide the required information.

3 FAM 3534.8  Certification for Qualifying Military Exigency Leave

(CT:PER-787;   11-03-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Active duty orders:  The first time an employee requests leave because of a qualifying exigency under 3 FAM 3534.2, the Department may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military that indicates the covered military member is on covered active duty or call to covered active duty status, and the dates of the covered military member's active duty service.  This information need only be provided to the Department once.  A copy of new active duty orders or other documentation issued by the military must be provided to the Department if the need for leave because of a qualifying exigency arises out of a different covered active duty or call to covered active duty status of the same or a different covered military member.

b. The Department may require that leave for any qualifying exigency specified under 3 FAM 3534.2 be supported by a certification from the employee that sets forth the following information:

(1)  A statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency for which FMLA leave is requested.  The facts must be sufficient to support the need for leave.  Such facts include the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave, such as a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official, or a copy of a bill for services for the handling of legal or financial affairs;

(2)  The approximate date on which the qualifying exigency commenced or will commence;

(3)  If an employee requests leave because of a qualifying exigency for a single, continuous period of time, the beginning and end dates for such absence;

(4)  If an employee requests leave because of a qualifying exigency on an intermittent or reduced leave schedule basis, an estimate of the frequency and duration of the qualifying exigency; and

(5)  If the qualifying exigency involves meeting with a third party, appropriate contact information for the individual or entity with whom the employee is meeting (such as the name, title, organization, address, telephone number, fax number, and e-mail address) and a brief description of the purpose of the meeting.

c.  If an employee submits a complete and sufficient certification to support his or her request for leave because of a qualifying exigency, the Department may not request additional information from the employee.  However, the Department may verify the information described in subparagraphs c(1) and c(2) of this section and does not need the employee's permission to do so:

(1)  If the qualifying exigency involves meeting with a third party, the Department may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and verifying the information provided in the employee's statement under subparagraph b(1) of this section regarding the meeting between the employee and the specified individual or entity.  No additional information may be requested by the Department; and

(2)  A Department may contact an appropriate unit of the Department of Defense to request verification that a covered military member is on covered active duty or call to covered active duty status.  No additional information may be requested by the Department.

3 FAM 3535  EFFECT ON EMPLOYEE BENEFITS

3 FAM 3535.1  Protection of Employment and Benefits

(CT:PER-775;   07-02-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. Any employee who takes leave under the Family and Medical Leave Act (FMLA) must be entitled, upon return to the agency, to be returned to:

(1)  The same position held by the employee when the leave commenced; or

(2)  An equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment (see 5 CFR 630.1210).

b. If an employee subject to a medical evaluation program (e.g., FS employees) is approved for leave because of a serious health condition that renders an employee unable to perform the essential functions of his or her position, that employee will be required to provide written medical certification from the health care provider that the employee is able to perform these functions prior to returning to duty.  Employees must be notified of this requirement by the employee’s supervisor before leave commences (or to the extent practicable in emergency situations), and the cost of the written medical certification will be paid by the Department (5 CFR 630.1210(i)).

3 FAM 3535.2  Health Benefits

(CT:PER-775;   07-02-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. An employee enrolled in a health benefits plan under the Federal Employees’ Health Benefits Program (FEHB) who is placed in an unpaid leave status under the FMLA, may continue his or her health benefits enrollment while in the unpaid leave status and arrange to pay the appropriate employee contributions during the time of unpaid leave or upon returning to duty.  Human resources offices are responsible for ensuring that each employee going on leave without pay (LWOP) is counseled about health benefits, and that each employee completes the appropriate statement electing to continue or stop health benefits coverage.

b. In most circumstances, an employee may not retain FEHB coverage beyond 365 days of LWOP, except when an employee is granted LWOP status under the FMLA, which in combination with other leave without pay exceeds 365 days of continued coverage.  In the latter circumstance, the employee must pay the employee contributions for FEHB directly to the employing office on a current basis to retain coverage.

3 FAM 3535.3  Leave Accrual

(CT:PER-775;   07-02-2015)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Various employee entitlements are affected by unpaid FMLA status, including the accrual of annual and sick leave.  For example, when a full-time employee with an 80-hour biweekly tour of duty accumulates a total of 80 hours of nonpay status (either in one pay period, or over the course of several pay periods), the employee will not earn annual and sick leave in the pay period.  If the employee again accumulates 80 hours of nonpay status, the employee will again not earn leave in the pay period in which that new 80-hour total is reached.  See 3 FAM 3515.

3 FAM 3536  THROUGH 3539 UNASSIGNED