Managing Leave Problems

1
Managing Leave Problems

• Presented by
• Sharon S. Burks
• and
• Deborah Y. McKissick
• February 2005

2
Objectives

• Gain working knowledge of the mandatory and
  discretionary considerations of leave
• Ensure managers are familiar with agency policy
  and labor agreement provisions covering leave

3
Objectives

• Enable managers to make appropriate leave
  decisions
• Provide tools for managers to deal with employees
  who abuse leave

4
Managers Responsibility

• Administer leave in compliance with applicable
  laws and regulations
• Advise employees on leave matters
• Approve or disapprove leave
• Assure that absences are properly charged

5
Managers Responsibility

• Establish appropriate measures to control
  absenteeism and tardiness
• Identify abuse of leave and take corrective
  action

6
Managers Responsibility

• Request interpretation of agency guidelines and
  advice on leave problems as needed
• Assure effective scheduling of annual leave for
  employees

7
Basic Rules

• An employee has the right to
• take earned leave if she/he
• meets requirements and obtains managements
  approval.

8
Basic Rules

• Management has the right to
• determine when the leave will be
• taken and the right to deny leave
• if not administratively feasible.

9
Categories of Leave

• Court Leave
• Religious Leave
• Funeral Leave
• Military Leave
• Excused Absences (Administrative Leave)

10
Categories of Leave

• Holidays
• Annual Leave
• Sick Leave
• Leave Without Pay (LWOP)
• Absence Without Leave (AWOL)

11
Family-Friendly Leave Programs

• Family and Medical Leave Act (FMLA)
• Voluntary Leave Transfer Program (VLTP)
• Emergency Leave Donor
• Program (ELTP)

12
Approving Officials

• Approving Officials
• In most cases, the employees
• manager may approve leave
• Review your organization, region, center, or
  facilitys delegation of authority

13
COURT LEAVE

• Employee must provide copy of summons/call to
  jury duty

14
Religious Leave

• Employees must be permitted to work alternative
  work hours to meet religious obligations.

15
Funeral Leave

• Managers may approve leave for employees to
  arrange, attend funeral or memorial service for
  immediate relative who dies from wound, disease,
  or
• injury as member in armed forces
• in combat zone.

16
Funeral Leave

• Managers may grant leave
• not to exceed 3 workdays without
• loss of any entitled benefits
• usually consecutive, if not, must be justified.

17
Military Leave

• Members of National Guard or a Reserve unit can
  accrue
• 15 calendar days (120 hours) per fiscal year for
  active duty, active duty training, inactive duty
  training, or funeral honors duty.

18
Military Leave

• Employees may also be granted additional 22
  workdays in a calendar year to enforce the law or
  to support civil authorities in the protection of
  life or property or prevention of injury, or in
  support of a contingency operation.

19
Military Leave

• Employees activated for active service to support
  global war on terrorism, are granted 5 workdays
  (40 hours) of excused absence, upon notification
  to their manager of their intent to return to
  FAA.  Effective Nov 14, 2003.

20
Excused Absences

• Excused absences may be granted for
• Hazardous weather conditions
• Blood donation
• Voting
• Tardiness and brief absences

21
Excused Absences

• Employees on leave or on scheduled regular day
  off (RDO) are charged
• leave (e.g. annual, sick or LWOP)
• when excused absences are granted for early
  dismissals.

22
Excused Absences

• Excused absences may be granted for
• Blood Donation up to 7 days or
• Organ or Bone Marrow Donation up
• to 30 days each calendar year

23
Holidays

• Under regular and compressed work schedules
• Regular work schedule, 8-hour day
• Compressed work schedules
• 4/10 or 4/5/9

24
Holidays

• Under flexible work schedules
• 8 hours on a holiday

25
Participants Questions

26
Annual Leave

• Annual leave is paid absence for
• a vacation for rest and relaxation
• time off for personal business
• time off for emergencies
• income pending approval of disability
• retirement

27
Advance Annual Leave

• Approving officials may grant advance annual
  leave consistent with FAA policy

28
Advance Annual Leave

• Refunds are not required if employee no longer
  works for the agency due to
• Death or Disability
• Retirement disability
• Entrance on active military duty with restoration
  rights

29
Restoration of Annual Leave

• Forfeited annual leave may be restored if the
  leave was lost because of
• exigency of the public business
• sickness of the employee
• administrative error

30
Restoration of Annual Leave

• Annual leave must be scheduled and approved by
  the beginning of the 23rd pay period

31
Participants Questions
32
Sick Leave

• Full time employees earn 104 hours (13 days) of
  sick leave per leave year

33
Advance Sick Leave

• ? Up to 240 hours (30 days) may be advanced for
  personal sick leave
• Up to 40 hours (5 days) may be advanced for
  family care or bereavement purposes

34
Sick Leave for Family Care

• Most employees may use up to a maximum of 480
  hours (12 work weeks) of sick leave to care for a
  family member with a serious health condition.

35
Sick Leave for Family Care

• The definition of serious health condition is
  the same as used in the Family and Medical Leave
  Act

36
Sick Leave for Adoption

• Unlimited sick leave may be used for purposes
  related to adoption of a child

37
Participants Questions
38
Unpaid Leave

• AWOL and LWOP
• are non-pay
• conditions

39
Leave Without Pay

• LWOP results from employees request or
  administrative discretion under certain
  circumstances
• LWOP does not equate to suspension or
  furlough

40
Leave Without Pay

• Employee cannot be granted LWOP as a matter of
  right, with
• four exceptions
• Disabled veteran in need of medical treatment
• Military furlough

41
Leave Without Pay

• 3. Employee invokes entitlement under FMLA
• 4. Employee receiving OWCP payments
  

42
Absent Without Leave

• AWOL results from managers decision NOT to grant
  any type of leave for a period of absence
• Employee did not receive advanced approval

43
Absent Without Leave

• Manager denied sick leave request
• Manager has no facts about the
• absence, typically unscheduled, and has no
  choice but to regard as AWOL

44
Participants Questions
45
Family and Medical Leave Act

• Manager must grant leave when employee invokes
  his or her rights under FMLA

46
Family and Medical Leave Act

• Employees may use 12 administrative workweeks
  (480 hours) of unpaid leave during any 12-month
  period for specific family and medical needs
• Paid leave (e.g., sick and annual leave)may
  replace unpaid leave

47
Participants Questions
48
Voluntary Leave Transfer Program (VLTP)

• Managers have the right to approve or disapprove
  applications for leave recipients or leave donors
• Employee must exhaust all available leave before
  applying to become recipient in the VLTP

49
Voluntary Leave Transfer Program (VLTP)

• FAA employees may donate annual leave to Federal
  employees to use in medical or family medical
  emergency situations
• Only FAA employees can also donate and receive
  sick leave to other FAA employees

50
Voluntary Leave Transfer Program (VLTP)

• Employees can accrue a maximum
• of 40 hours of sick leave
• and 40 hours of annual leave
• while a VLTP leave recipient

51
Participants Questions
52
Emergency Leave Transfer Program

• FAA employee may donate leave to an FAA employee
  adversely affected as a result of September 11,
  2001.
• http//www.faa.gov/ahr/policy/hrpm/bulletin/bullet
  3.cfm

53
Patterns of Leave Use

• Mondays, Fridays or day before or
• after the end of the regular
• workweek
• Day before or after holiday or
• regular day off (RDO)

54
Patterns of Leave Use

• Day before or after scheduled leave
• On the same weekday repeatedly
• Unscheduled absence almost every pay period
• During periods of high overtime or undesirable
  work assignments

55
Patterns of Leave Use

• During a spouse or other family
• members time off, e.g. childs school
• vacation
• Frequent absences of 1 or 2 days with no
  indication of an on-going medical problem

56
Patterns of Leave Use

• During hunting/fishing seasons

57
Addressing Leave Problems

• Tardiness
• Less than one hour
• Administratively excuse the absence
• Ask the employee to request leave
• Place the employee on AWOL

58
Addressing Leave Problems

• Leave Abuse
• Advise employee about your concerns regarding
  pattern of attendance
• Expected improvement and continued use of
  unscheduled leave may result
• in leave restriction

59
Addressing Leave Problems

• Provide options for resolving problems
• Warn employee that leave will not be
  automatically approved in the future

60
Addressing Leave Problems

• Informal Counseling
• Referral to Employee Assistance Program (EAP)
• Work Schedule Change
• Leave Restriction
• Formal Discipline

61
Manager Tips

• Early recognition and intervention
• What is the real problem?
• Dont be afraid to say NO
• Use procedures, regulations, practices and
  knowledge to benefit management as well as the
  employee

62
Manager Tips

• Dont get personally involved
• Document, document, document

63
FAAS Sick Leave Usage

• Objectives
• Reduce level by 10 by end
• of FY05
• Match Federal-wide average of 55
• hours per person by end of FY05
  

64
FAAS Sick Leave Usage

• Avenues to Meet Objectives
• Scrutinize Use of Leave
• Look Closely at Sporadic Sick Leave Use
• Use Sick Leave Intervention Techniques

65
Handy Tools For the Future

• Sample Leave Restriction Letter
• Managers Checklist
• Questions for Managers regarding Employees
  Leave Usage
• Leave Matrix
• Family Friendly Leave Matrix
• Sick Leave Intervention Document

66
Resources

• Available on FAA AHR website at
• http//www.faa.gov/ahr/policy/index.cfm
• FAA Order 3600.4, Absence and Leave
• FAA Order 3600.6, Work Weeks and Hours of Duty

67
Resources cont

• Available on FAA AHR website at
• http//www.faa.gov/ahr/leave.cfm
• Voluntary Leave Transfer Program Guide and Forms

68
Resources cont

• Available on FAA AHR website at
• http//www.faa.gov/ahr/policy/index.cfm
• LWS-8.1, Sick Leave for Personal Medical Needs
• LWS-8.2, Leave Options to Care for a Family
  Member
• HRPM ER-4.1, Standards of Conduct
• FAPM 2635, Conduct and Discipline

69
Final Words of Advice

• Make employees aware of the leave policies
• Enforce the rules
• Learn to say NO
• Document Everything
• Take timely action