1. Leave Administration WVNG Human Resources Office
Note: Many of these slides are basic informational slides, and information that employees receive during in processing, however they have been included for those supervisors who are new to the program or AGR that may not be as familiar with the technician program.

2. Topics of Discussion Levels of Responsibility
System for Time and Attendance
Record Keeping Recommendations
Managing employee leave
Annual Leave, Advancement, and Restoration
Sick Leave and Advancement
Related laws and programs
Military Leave and Related Statuses
Other Leave Types
Non-Paid and Excused Absence
All leave is an APPROVED STATUS, not an entitlement. You as the supervisor have the discretion to approve or disapprove.
Do you know what tools are at your disposal to manage leave, what approval authority you have, and what controls you can exercise?

3. Levels of Responsibility
Supervisor
Employee
Approve leave
May be a reviewer or certifier in ATAAPS
Certify changes/corrections
Inputs time and attendance
Maintains records
Inputs changes/corrections
CSR’s – PFO and Wing Reps
HRO
Leave administration is a joint effort between the HR office and finance offices. Eligibility and payment of leave is governed by both financial and OPM regulations.
State level time and attendance input
Reconcile Reports
Maintain records
Input changes and corrections
Advise on applicable leave programs/entitlements
Interpret leave law and regulations

4. System for Time and Attendance
ATAAPS –Automated Time, Attendance, and Production System
Now applies to both Army and the Air Force
Employee self certifies time and requests leave, then requests are pushed to certifying official
Should be but not always supervisor
Supervisor still has visibility even if not the certifying official

5. Record Keeping Recommendations
ATAAPS does not allow supportive documentation to be attached to leave requests
It is highly recommended the supervisor and the employee retain a file of supportive documentation for certain types of leave (For audit purposes)
Examples include:
Military Leave: copy of orders/certificate of performance
Court Leave: Letter from court
Personal LWOP – Letter of request
Compensatory Time Form NGB 46-14
Audits are real and ongoing
Examples of recent years audits include:
Admin Leave audit from NGB
Premium Pay Audit from NGB
Tire rebuild program

6. Managing Employee Leave
Through ATAAPS Supervisors should have visibility of employee leave for certification tracking
My Biz – The My Team function allows supervisors visibility of each team member’s leave balance
If leave is routinely abused a Special Leave Procedure can be put into place to assist the employee and establish positive time and attendance

7. Questions

8. Annual Leave
Accrual Rates: full-time permanent technicians and temporary employees on appointments of greater than 90 days
1-3 years: 4hrs/pay period
3-15 years: 6 hrs/pay period
15+ years: 8 hrs/pay
Some criteria/rules:
Service computation date (SCD) determines leave category
SCD Adjustments are done through the HRO when documentation is provided and are not retroactive
Maximum annual carryover – 240 hrs
Separated employees may be paid lump sum for unused annual leave

9. Advanced Annual Leave
Supervisor may approve the advance of annual leave. Request should be documented from employee to the supervisor.
Limited to the amount of annual leave the employee would accrue during the remainder of the leave year.
Is a timecard action.
This is a supervisory flexibility for use for solid performing employees.
Employees who are advanced leave reflect a negative leave balance on their LES which reduces as they earn leave. If an employee separates with a negative leave balance that amount becomes a debt to the government and it withheld from any final pay.

10. Restoration of Annual Leave
Annual leave in excess of annual leave ceilings (use or lose) may be restored to a technician’s leave account for the following three reasons ONLY:
Administrative Error
Determined by agency
Exigency of the Public Business
an urgent need for the employee to be at work—is of major importance and that excess annual leave cannot be used
Sickness
The employing agency determines that the annual leave was forfeited because of a period of absence due to sickness or injury that occurred late in the leave year or was of such duration that the excess annual leave could not be rescheduled for use before the end of the leave year.
Give relevant examples. Example – RISO, ISO, Inspection

11. Restoration of Annual Leave
Only Annual leave may be restored.
Request memo must be submitted with justification from the employee, through the supervisor, to the Adjutant General for approval
Leave must be Requested, Approved, and Scheduled
in writing BEFORE the start of the third bi-weekly pay period at the end of the leave year.
2018 Leave Year Begins 7 Jan 2018 and Ends 5 Jan Leave must be scheduled before 24 NOV 2018
Leave is restored to a separate leave account and must be used 2 years from date of reinstatement
Reference 5 CFR

12. Sick Leave Covers Medical, dental, optical exams/treatments
Personal incapacitation
Health risk
Family care (Limited – under FMLA/FFLA)
Bereavement/Family funeral (Limited – FMLA/FFLA)
Adoption (Limited – FMLA/FFLA)

13. Sick Leave Accrual rates
All full-time and temporaries employed over 90 days: 4 hrs/pay period
Some criteria/rules:
Unlimited carryover balance – creditable for retirement
May be advanced
Medical certification may be required
May use while on Annual Leave
May use while on military orders (AUS)
Q. When can a supervisor require medical certification? Rule of thumb is any absence in excess of 3 days, however a supervisor may require it with each use and that requirement should be communicated to the employee from initial hire. (Am I ok to say this? There is no black and white rule concerning sick leave and documentation)
FERS employees now have full credit for sick leave for retirement computation purposes. The sick leave balance is converted into months and days credit and added to a retirees years and months of service. Refer to sick leave conversion chart in handout

14. Advanced Sick Leave
A maximum of 240 hours of sick leave can be advanced to a permanent technician for the following reasons:
Employee with a serious medical emergency
Purposes related to adoption of a child
For family care or bereavement purposes
To care for a family member with a serious health condition

15. Advanced Sick Leave
Request must be submitted to the HRO for approval. Contents specified in TPR 630
Supportive medical documentation must be provided
Supervisor must have reasonable assurance that employee will return to repay the balance advanced

16. Questions

17. Laws and Programs Related to Sick Leave
FMLA
Serious Health Condition Defined
FMLA Expansion – Military Care Giver
FMLA Expansion- Military Exigency Leave
FFLA
Voluntary Leave Transfer

18. FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA)
Entitles Permanent Federal employees a total of up to 12 work weeks of UNPAID leave during any 12 month period
Employee must have completed 12 months of civilian service with the Federal Government (not required to be 12 recent or consecutive months).
FMLA may be used for:
Birth of son or daughter and care of the newborn.
Placement of son or daughter for adoption or foster care
Care for spouse, child, or parent with a serious health condition.
Employee’s serious health condition
Effective June 2, 2010, definition of family member now includes same-sex domestic partners as defined in an OPM memorandum dated 2 JUN 2010.
All employees are eligible to use leave under the provisions of the Family Medical Leave Act (FMLA) except:
intermittent employees and
employees serving under a temporary appointment with a time limitation of one year or less.
??? Adoption of a child, or putting a child up for adoption??? ????Within one year after placement???? What does that mean?
FMLA – Nonpaid time in excess of 30 consecutive days also requires an official personnel action placing the employee in Personal LWOP. An SF 52 must be submitted to the HRO for processing.

19. FMLA Cont.
An employee must provide notice of his or her intent to take family and medical leave not less than 30 days before leave is to begin or, in emergencies, as soon as is practical.
An agency may request medical certification to support FMLA requests involving the serious health condition of an employee, or care of a family members serious health condition.
Forms can be obtained from the Human Resource Office and include:
Form WH-380-E – Healthcare Provider Certification for Employee’s Condition
Form WH-380-F – Healthcare Provider Certification for family member with a serious health condition

20. Serious Health Condition
Illness, impairment, physical, or mental condition that results in incapacity, treatment, or continuing treatment
Incapacity in connection with an overnight hospital stay, hospice, or residential treatment facility
Incapacity resulting in family member absence from work school, etc. in excess of 3 days
A serious health condition should render the employee unable to perform the essential functions of their position
Continuing treatment for chronic, long-term, or incurable conditions. This includes Pre-natal care
Childbirth is included for both parents for the medical period of incapacitation (typically 6 weeks)
A serious health condition must require continuing treatment by, or under the supervision of a health care provider. I.E. if you suffer from an undiagnosed condition and are not actively seeking treatment that is not grounds to invoke FMLA.
Elective Cosmetic Surgery is not considered by law to be a serious health condition

21. FMLA Expansion: Military Caregiver Leave
Eligible employees are entitled to up to 26 workweeks of leave during a "single 12-month period" to care for a covered service member with a "serious injury or illness."
To be eligible you must be the spouse, son, daughter, parent or "next of kin" of a covered service member.
Serious injury or illness" means an injury or illness incurred by a covered service member in the line of duty on active duty.

22. FMLA Expansion: Military Exigency Leave
NDAA 2008 Changes
The spouse, parent, son, or daughter of a service member in the National Guard or Reserves who is on active duty or call to active duty status can take FMLA leave for the following military exigencies:
• Short notice deployment • Military events and activities • Childcare and school arrangements • Financial and legal arrangements • Military Counseling • Rest and recuperation • Post-deployment activities • Additional activities
NDAA 2010 Changes
Definition expanded to include to the spouse, parent, son, or daughter of a service member in the Regular Armed Forces who is deployed to a foreign country.

23. Family Friendly Leave Act
Entitles permanent, indefinite, and temporary technicians to use sick leave to care for family member for circumstances as follows:
Physical or Mental Illness
Injury
Pregnancy
Childbirth
Accompany family member to medical dental or optical appointment
Arrange or attend a funeral
Minimum 40 hours, up to a maximum of 140 hours (13 days)
Must maintain 80 hours of sick leave in order to use the full 13 days
Ensures that a reasonable amount of sick leave is available for the technician’s own injury/illness if needed
Approval of use under this act is designated to the First Line Supervisor
Issue, Field confusion between the FMLA and FFLA.
DOL Overseas FMLA
OPM required to oversee FFLA
Family Friendly Leave Act, part of public law passed in 2010, broadens the definition of family member defined by the FMLA, and allows flexibility in sick leave usage not previously granted by law. It also includes temporary technicians. The FMLA precludes temporary technicians.

24. Family Friendly Leave Act
“Family” is defined as the following relatives of the technician:
Spouse, parents and grandparents thereof
Children including Step-Children, adopted children, and spouses thereof
Parents
Grandparents
Siblings and spouses thereof
Grandchildren
An individual, related by blood or affinity, whose association is the equivalent of a family relationship
Check the 2010 OPM guidance to see if same sex domestic partners are included here.

25. Voluntary Leave Transfer Program
Permits PERMANENT AND INDEFINITE Federal employees to donate annual leave for the use of other Federal employees in medical or family medical emergency situations as defined by law
Program is administered by the HR Office in coordination with the local finance offices and entrance into the program is subject to approval by the Human Resource Office
Request to enter the program is submitted with medical certification on form OF-603
Employee must have exhausted all sick and annual leave
In any one-leave year, a leave donor is limited to the amount of hours they may donate as outlined in 5 CFR
Un-used donated leave is restored to the leave donor(s) upon termination of the medical emergency terminates, shall be restored to the leave donor(s) on a pro-rated basis to the extent administratively feasible IAW 5 CFR
Leave can be donated from other federal agencies as well. The form for internal agency donation is the OF 630-A, and for outside agencies it is the OF 630-B.
Procedural note: For an air employee in the WVNG to donate leave to an Army recipient they must use the outside agency form due to the difference in payroll office. The same applies vice versa.

26. Questions

27. Military Leave and Statuses Related to Military Duty
22 day Law Enforcement Leave
44 day Military Leave
Disabled Veteran Leave
Presidential Leave
State Active Duty (SAD)
Absent Uniformed Service

28. MILITARY LEAVE Granted to all permanent and indefinite employees
Earn 120 hours per fiscal year
May carry over 120 hours for a total of 240 maximum
Charged in hourly increments
Military order and/or Performance Certificate
must be provided with timecard /ATAAPS upload
Military Leave cannot be used while in State Active Duty status (unless ordered by the President or Sec of Defense)
Example of hourly increments
Performing one UTA - 4 hours is charged
Performing two UTAs - 8 hours is charged
If less than a whole day is in military status,, employee must revert to technician status or take some other form of leave for the remainder of the day
Newly hired technicians will NOT see a military leave balance on their LES until the first use is coded
Temporary Technicians who’s appointment duration is less than a year will NOT accrue military leave – reference handout

29. 22 Day Law Enforcement Leave 5 U. S
22 Day Law Enforcement Leave 5 U.S.C 6323 (b) & PL Dated 24 NOV 2003
Permanent and indefinite employees only
22 days per calendar year; charged in hours
LEL is NOT dual compensation leave. Technicians are NOT authorized to retain both military and civilian pay.
Paid leave for aid in law enforcement (under Title 10), full-time military service, or state emergencies
Non-workdays/holidays not charged
No excused absences
What is 44 days leave? Deployment 44 days OCONUS, Stateside 22 days CONUS????? Talk about paid both but take the lesser back after payment has been issued, and taxes have been paid. See information sheets and handouts.

30. 44 Day Military leave 5 USC 6323 (d)
Military technicians are entitled to 44 additional workdays (352hrs) of military leave in a calendar year when on active duty without pay for participation in operations outside the United States, its Territories, and Possessions.
The active duty order must cite 10 USC 12315, 12301(b), or 12301(d) to be eligible for this entitlement.
Technicians must be in a Title 10 status and non-pay military status; however, the member will receive one military retirement point for each duty day served.
While in this status, the technician continues to receive his or her technician pay and benefits. The 44 workdays are converted into hours and are charged on the same basis as annual leave.
Reference Handouts

31. Disabled Veteran Leave 5 USC 6329
Up to 104 hours (13 days)
For the purpose of undergoing treatment of the rated disability
Employees hired on or after 5 November 2016 who are veterans with a documented service connected disability rating of 30% or more from the Veteran’s Benefit Administration
Once in a lifetime benefit
12 month eligibility period based on the “first day of employment”
First day of employment can be initial hire,
or return from active duty
Reference Handouts

32. Presidential Leave
5 days of paid leave for Federal Civilian Employees who return from active service in support of the Global War On Terrorism(GWOT) Contingency Operations
Generally, both CONUS and OCONUS duty
Some CONUS service under 12301(d) is exempt depending on nature of the mission.
Intended to aid in the readjustment to civilian life.
Qualifications: Must be on active duty for a minimum of 42 consecutive days in support of GWOT
MAY NOT BE STOCKPILED Supervisor must grant Presidential Leave the first 5 consecutive workdays the employee is scheduled to return to work
Can be granted after each activation provided that a 12 month break exists between uses (as modified by CPM )
5 days can be granted once each 12 month period beginning the first day of use of the entitlement and ending 365 days later See Examples on Presidential Leave Q & A

33. State Active Duty (SAD)
Military technicians who are required to perform State Active Duty (SAD) may elect any of the following types of leave to cover their absence:
annual leave
LWOP
compensatory time
22 days leave provided under 5 USC 6323 (b)
*Under no circumstances will a technician use the 120 hours of military leave under 5 USC 6323(a), sick leave, or excused absence (administrative leave) to perform SAD.
**There is no charge of leave when SAD is performed on non-workdays or holidays.
SEE WVNG SAD Bulletin

34. State Active Duty (SAD)
Dual compensation rules dictate that any technician who performs SAD be required to take a full day of leave for each day of such service, even if the SAD functions are performed after the normal technician working hours. * The only exception to this requirement occurs when the technician first learns of the necessity to perform SAD during a workday. In this circumstance, the technician will be required to take leave only for the hours absent from work for the remainder of that day. The technician will be required to take a full day of leave for each subsequent day of SAD.
Is this accurate? During last SAD techs worked a full day, then were asked to take generators after hours and placed on SAD status the same day. It was not dual compensation
Questions to anticipate:
1. Can you perform SAD in technician status and earn comp time?
2. 72 hour rule….Does it apply to technician?

35. Absent Uniformed Service (AUS)
Any order in excess of 30 days duration now requires an employee be placed in AUS status
Technicians may use annual leave, sick leave if applicable, military leave, and compensatory time for travel during the AUS period
Regular Compensatory Time cannot be coded during AUS
Action requires an SF 52 be submitted to the HRO for processing
Benefits out-briefing is required
See HRO Bulletin 10-03
Adverse effect on benefit entitlements. As an example, I may be entitled to unemployment, but unless I go to the office and apply, they are not going to come knocking on my door offering me checks every month. The same analogy can be applied to benefits such as health insurance during AUS for deployment.

36. Questions

37. Other Leave Types Compensatory Time Compensatory Time for Travel
Court Leave

38. Compensatory Time Earned
Time off with pay, in lieu of overtime pay
Advance approval required
Use within 1 year or forfeit
Compensatory time should be taken before annual leave, except in those instances where forfeiture of annual leave will occur.
Upon separation from service there is NO authorized lump sum payout for remaining comp time balances

39. Compensatory Time for Travel
Compensation time off for travel is earned by an employee for time spent in a travel status away from the employee’s official duty station
Travel must be officially authorized and for work purposes and must be approved by an authorized agency official.
See HRO Bulletin 10-04
Anticipate questions on:
Authorized delays and travel to and from:
TPR Time in a travel status includes: time spent traveling between the official duty station and a temporary duty station,; time spent traveling between two temporary duty stations; and the usual waiting time (1-2 hours) that precedes or interrupts such travel (e.g., waiting at an airport or train station prior to departure) An extended waiting period, i.e., an unusually long wait during which the employee is free to rest, sleep, or otherwise use the time for his or her own purposes is not considered time in travel status.
2. Maximum allowable comp time (rule is 8 hours a day you are on authorized travel delay)
Can time after class used to work or study be given comp time? Only if the period of study is part of the class schedule as an after hours block of instruction or workshop.

40. Court Leave 5 USC 6322(a)
Covers an employee who is summoned due to a judicial proceeding, as a…
Juror
Witness on behalf of a state or local government
Must waive compensation paid by
Only for period of service and reasonable travel time

41. Questions

42. Non-Paid and Excused Absence
Leave Without Pay (LWOP) – Non-Military
Excused Absence
Enforced Leave/Absence
Absent Without Leave (AWOL)
Adverse effect on benefit entitlements. As an example, I may be entitled to unemployment, but unless I go to the office and apply, they are not going to come knocking on my door offering me checks every month. The same analogy can be applied to benefits such as health insurance during LWOP for deployment.
Transition: Now that we have discussed Military Leave, Presidential Leave, and LWOP

43. Leave Without Pay (LWOP)
An APPROVED temporary absence from duty in a non-paid status.
LWOP in excess of 30 days requires a Personnel Action which must be submitted to the HRO via an SF52 (request for personnel action) This request should be submitted prior to, or within one pay period after the proposed LWOP date.
80 hours accumulated LWOP affects the employee’s Annual and Sick Leave accrual within that pay period
Service Computation Date (SCD) Leave – Recomputed when an employee returns to duty from an aggregate LWOP of more than six months in a calendar year
The FMLA entitles an employee to 12 weeks of LWOP but a supervisor may approve LWOP not to exceed one year depending on circumstances
Adverse effect on benefit entitlements. As an example, I may be entitled to unemployment, but unless I go to the office and apply, they are not going to come knocking on my door offering me checks every month. The same analogy can be applied to benefits such as health insurance during LWOP for deployment.

44. LWOP and ATAAPS Coding
Inaccurate timecard coding for LWOP can adversely affect a technician’s pay and benefits
KG-Code used for any non-paid absence from work which is covered by a military order. This code IAW USERRA law, allows for nonpaid time with no adverse effect. All increases and entitlements continue as if an employee were present for duty.
KA-Code used for non-paid absence from work which is for personal reasons, or due to lack of leave
Accumulation of nonpay hours coded KA can delay the step increase of an employee. See 5 CFR 532 for limits and time of delay. WG/WL/WS Only
Reference Handout – Extended LWOP and Benefits Impacts
5 CFR (c)(2) i-iii explains that for “Prevailing Rate” employees, meaning WG, WL and WS employees ONLY, there is a limit on the amount of aggregate nonpay time you can have within a step level before your step increase is delayed by that amount of time. Time in a nonpay status cannot exceed the following:
Step 1 – 2 Cannot exceed 1 week (40 hours)
Step 2-3 Cannot exceed 3 weeks (120 hours)
Step3-4 and 4-5 Cannot exceed 4 weeks (160 hours)
*Note – WG Employees are automatically entitled to step increases. They are not subject to denial based on performance as the GS schedule is. That is why temporary GS employees do not get step increases. They are not rated for performance as a temp. Temporary WG employees do get step increases because theirs is automatic.
5 CFR (b)(2)i-iii Explains that GS Employees time in a nonpay status cannot exceed:
Waiting period for steps 1-4 Cannot exceed 80 hours
Waiting period for steps Cannot exceed 160 hours (4 weeks)
Waiting period for steps 7-10 Cannot exceed 240 hours (6 weeks)

45. LWOP is NOT intended for:
Pursuing other employment. Examples include:
Second Job
Collegiate Internships
Overseas contract positions

46. EXCUSED ABSENCE
The term “excused absence” is used interchangeably with the term “administrative leave.” Both refer to a technician’s authorized paid absence from work, with approval, without a charge to annual leave or sick leave.
Excused Absence normally will address INDIVIDUAL employees and can be approved by the supervisor for the following purposes:
Blood Donation - Max 4 hours
Voting/Voter Registration 3 hours
Physical Examinations –see TPR 630, 12-3 d for specifics
Ceremonies and Official Functions
Special Events that promote the National Guard
Facility Closures due to inclement weather, natural disaster
The Adjutant General may approved up to 3 days per calendar year.
Overall Reference - TPR 630 Chapter and Chapter 17
“Administrative Leave” is normally used in reference to groups in the case of facility closure, administrative dismissal, severe weather, etc.
“Excused Absence” is used in reference to individuals as stated above.
The TPR does not reference funeral so I took it off the slide. You are authorized to take sick leave however not excused absence
Questions that you may encounter or can use as an example:
NGAUS/EANGUS Conferences, events: Can attend in technician status with no charge to leave ONLY if you are WORKING the event or on the board/committe
i.e: The question has arisen in years past as to whether an employee can participate in the EANGUS softball tournament in admin leave/ excused absence. . TAG did not and continues not to sanction administrative leave, or participation in a technician status for that specific event. A. There is too great a liability to allow technicians to participate B. Paying employees federal funds to play softball doesn’t reflect well on the government
2. Note: Administrative leave is NOT a tool used for disciplinary action and problem employees in the workplace and should be addressed through the HRO to TAG on a case by case basis.

47. ENFORCED LEAVE Temporary status to document absences
Management has the right to require a technician to leave if they are:
not ready, willing and able to perform
Whose continued presence is undesirable or poses a threat
* Never force employee to leave the worksite if their ability to drive is in question, but make arrangements for transportation
There is a difference between administrative leave and enforced leave. Enforced leave should be used as a form of disciplinary action??? Is enforced leave another name for KA coding. Nonpay time?

48. ABSENCE WITHOUT LEAVE (AWOL)
Without supervisor’s prior knowledge/approval
Status can change with explanation
AWOL status NOT a disciplinary action but an unapproved leave status
Can become the basis for initiating an adverse action

49. References and Links
OPM Leave Fact Sheets:
Leave Regulation: TPR 630 Dated August 27, 2010
Reference Handouts and Workbook for additional detailed information.