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LEAVE INFORMATION

Annual
•Less than 3 years service = 4 hrs per pay period
•3-15 years of service = 6 hrs per pay period
•Over 15 years of service = 8 hrs per pay period
•Maximum 240 hrs carryover each calendar year
OPM Annual Leave - General Information
 
Sick
•Always 4 hrs per pay period
•No maximum carryover
OPM Sick Leave - General Information
 
Military
•120 hrs per fiscal year; 240 hrs maximum carryover
OPM Military Leave - General Information
 
OPM 71 Leave Form

Leave Transfer Program (LTP): Description: An employee may donate annual leave directly to another federal employee who has a personal or family medical emergency and who has exhausted his/her available paid leave. There is no limit on the amount of donated annual leave a recipient may receive from the leave donor(s). However, any unused donated leave must be returned to the leave donor(s) when the medical emergency ends.

Leave Recipient: A potential leave recipient’s employee agency must determine that a full-time employee’s absence from duty without available paid leave because of the medical emergency is (or expected to be) at least 24 hours. An employee may receive donated annual leave when he or she becomes an approved leave recipient. Once approved for the program an HRO contact person, acting on the employee’s behalf, will solicit annual leave donations.

OPM Fact Sheet on the Voluntary Leave Transfer Program

New York National Guard Technician Leave Transfer Program

FORMS:

OPM 630 - APPLICATION to become a leave recipient under the Voluntary Leave Program

OPM 630a -  WITHIN AGENCY REQUEST to donate annual leave

OPM 630b - OUTSIDE AGENCY REQUEST to donate annual leave


I would like to invoke my entitlement to leave under the Family and Medical Leave Act in order to stay home and take care of my 2-month old daughter. May I substitute any of my annual and sick leave for the unpaid leave?  The Family and Medical Leave Act of 1993 (FMLA) entitles covered Federal employees to a total of 12 workweeks of unpaid leave (leave without pay) during any 12-month period for certain family and medical needs, including the birth and care of a newborn. An employee may elect to substitute paid leave (e.g., annual or sick leave) for the unpaid FMLA leave, but only to the extent such paid leave is permitted under current law and regulations. If an employee chooses to invoke his or her entitlement to FMLA leave to care for a healthy newborn, he or she may only substitute annual leave for the unpaid leave, as there is no authority to use sick leave to care for a healthy child. An employee's entitlement to FMLA leave expires on the first anniversary of the child's birth.

For more information on FMLA:

Department of Labor FMLA Facts Page

Department of Labor FMLA Employee Guide

OPM Policy on FMLA


We have an employee who has been on military leave without pay (LWOP-US). He is requesting to be paid for his 15 days of military leave for the new fiscal year. Is he entitled to this? Yes. An employee who is a member of the Reserves or National Guard serving on active military duty which extends into a second or succeeding fiscal year may accrue and use the 15 days of military leave which accrue at the beginning of the second fiscal year and each succeeding fiscal year without return to civilian status. In addition, an employee who has been activated in support of the national emergency whose duty extends into the next calendar year will be entitled to up to an additional 22 days of military leave under 6323(b).


Leave for Sexual Assault Victims 


TPR 630 - Leave and Absence Program - NOTE -  Please be advised of an error in TPR 630, Absence and Leave, Chapter 11, paragraph 11.1.c., Work Performed on Holidays or Sundays. As written, "A technician who works on a holiday or a Sunday falling outside their normal workdays may not earn compensatory time for all hours worked. Technicians performing work on holidays or Sundays will receive premium pay." This statement is incorrect. At a future date, TPR 630, Chapter 11, paragraph 11.1.c., will be corrected to read, "Technicians performing work on holidays or Sundays will not receive premium pay." This correction aligns with the guidance provided in TPR 990‐2, Hours of Duty, Pay, and Leave, Subchapter S1. Premium Pay, S1‐10. Pay for Sunday Work, which reads, "Technicians are not entitled to Sunday pay for periods of overtime work."


Excused Absence -  "Admin Leave"

The authority to grant excused absence to technicians is within the administrative discretion of the Adjutant General or delegated official. Requests for Administrative Leave must be routed through the HRO for approval by the Adjutant General.

Excused absence is an absence from duty, administratively authorized, without loss of pay and without charge to leave (often referred to as administrative leave). Excused absences may be granted in limited circumstances which should be directly related to the mission of the National Guard, enhance the professional development or skills of the employee in the technician‘s current position, or for activities officially sponsored and/or sanctioned by the National Guard. This authority may not be used in situations of extensive duration, or for periods of interrupted or suspended operations such as ordinarily would be covered by scheduling leave, furlough, or the assignment of other work. The Adjutant General may also use this authority to establish Continuity of Operations Plans for handling adverse weather or other emergency situations. Some common situations relating to excused absence are described below.

  • Community activities. Technicians may be granted excused absence for short periods of time to participate in community activities that are determined to be in the best interest of the Federal government and the New York National Guard.
  • Conferences and Conventions. Technicians may be granted excused absence to attend conferences or conventions when attendance will serve the best interests of the Federal Service. Excused absence may be restricted to those situations in which the technician is an official representative of the agency or is a contributor on the agenda. Excused status will be permitted only when such attendance will serve the best interest of the Federal Service. Excused absence will not be granted to attend National Guard Association Conferences unless the technician is an official delegate or an official of the organization. Refer to:  July 2014 Memo: NYNG Guidance for Attendance and Transportation to Private Organization/Association Conferences
  • In cases where a technician is pending an adverse action and it has been determined the technician‘s presence may result in potential harm or danger to the organization.
  • Blood Donation. A technician who makes a blood donation may be excused for a reasonable period of time (not to exceed four hours) at the discretion of the supervisor.
  • Required Medical Examinations. Technicians taking examinations required as a condition of technician employment, including reexaminations, may be granted excused absence. Technicians not on military orders who take medical examinations required for military membership may be excused without charge to leave. This includes dental examinations required for military duty. This authority extends to required examinations only, not to treatment.
  • Bone Marrow or Organ Donor. A technician is entitled to excused absence for the time needed to serve as a bone marrow or organ donor. The excused absence may not exceed seven days each calendar year for bone marrow donation, and 30 days each calendar year for organ donation.

 

© NYS DMNA: Technician Resources - LEAVE INFORMATION
URL: http://dmna.ny.gov/hro/tech/?page=1276630356
Page Last Modified: 03 Nov 14
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