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Category: Leave Issues
Articles cover wide range of leave issues affecting federal employees as well as state and local public employees. Issues include, but are not limited to, Family Medical Leave Act (FMLA), AWOL (Absence without Leave), Voluntary Leave Transfer Programs (VLTP), advanced leave, tardiness, sick leave, leave restoration and forfeiture, Leave Without Pay (LWOP), Military Leave Without Pay (Mil-LWOP), and OWCP (worker’s comp) leave related issues.
Union Officials and Worker’s Comp
Federal union officials engaged in authorized (by agency) representational activities are covered by the Federal Employees Compensation Act (FECA). However, union representatives engaged in the internal business of a labor organization or not on authorized time are not covered.
Overtime in the Federal Sector
Overtime is considered an assignment of work and thus a management right at Title 5 USC § 7106. However, procedures for distributing overtime have generally been determined to be negotiable as are appropriate arrangements for affected employees.
When to Contact a Consultant
“When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” Also, “Will my union pay associated fees or help me in any other way?”
No Right to Authorized Absence Unless…
Administrative leave (also referred to as “excused absence”) is an administratively authorized absence from duty without loss of pay or charge to leave.
Retroactive Application of VLTP
Some confusion often arises concerning leave acquired through the Voluntary Leave Transfer Program (VLTP).
Excused Absences for Inclement Weather
With the recent outbreak of severe weather, we received many inquiries from federal employees concerning Excused Absence (also called “Authorized Absence” and even “Administrative Leave” by some agencies).
What Are Crime Provisions?
Office of Personnel Management regulations permit agencies to place employees on indefinite suspension pending completion of criminal proceedings.
Reasonable Accommodation & Unexpected Consequences
Federal employees often make decisions based on significant misunderstandings concerning personnel processes. In some cases, this can lead to disastrous outcomes.
Administrative Leave & Authorized Absence
The terms Administrative Leave and Authorized Absence are essentially synonymous (we will use the term Administrative Leave for the purposes of this post). Further, we distinguish that for the purpose of this article, we are not addressing such leave used by union representatives for official time related to union activities.
Are You Required to Invoke FMLA?
If a federal employee has sufficient leave balances there is no requirement the affected employee first be approved under the FMLA prior to a supervisor approving the use of accrued sick leave (SL) or accrued annual leave (AL) in lieu of sick leave
FAQ: Voluntary Leave Transfer Program
Statutory provisions of the Voluntary Leave Transfer Program (VLTP) are codified at Title 5, Part III, Subpart E, Ch. 63 (2006) and Title 5 C.F.R. Pt.630 (2008).