Son/Daughter – A biological, adopted or foster child; a step child; a legal ward; or a child of a person standing in loco parentis who is under 18 years of age or 18 years or older and incapable of self-care because of mental or physical disability. Per 5 CFR 550.1204, a lump-sum payment will equal the pay the employee would have received had he or she remained employed until the expiration of the period covered by the annual leave. The annual leave lump sum was paid out on what would have been the second payday after my retirement date. Forfeited annual leave may be restored under 5 USC 6304(d) and (f) when annual leave is lost due to the following: An exigency of the public business, of such importance, that scheduled annual leave may not be used by an employee within the leave year; Sickness of the employee when the annual leave was scheduled in advance. The reservist differential is not payable for periods during which the employee is receiving civilian basic pay for performing work or using civilian paid leave or other paid time off. This applies whether or not the employee actually works 90 days. If an employee will exhaust all of his or her emergency military leave during the current year, he or she should notify their manager as soon as possible regarding how to post the IRS T&A record(s) to reflect additional periods of absence (e.g., annual leave, LWOP, etc.). For part-time employees, the amount of sick leave that may be used for adoption-related purposes is prorated in proportion to the average number of hours of work in the employee's scheduled TOD each week. The manager is to confirm that the information has been properly recorded and must approve any variance in the employee’s work schedule. All advanced sick leave requests should be carefully evaluated on a case-by-case basis, as the employee’s request and use of advanced sick leave serves as his or her commitment to repay the leave through future leave accruals (or cash payment). Medical documentation of the serious health condition is required. Annual leave included in a lump-sum payment that was restored under 5 U.S.C. ), follow this link to enable alert boxes for your profile, follow this link to disable alert boxes for your profile, Benefits for LGBT Federal Employees and Annuitants. This documentation, which generally may be secured from the Clerk of the Court or other court official, should include information about any money received, such as the jury or witness fees and rate thereof, or any amounts received for meals and transportation. Employees must provide notification of the intent to substitute paid leave for the period of FMLA-LWOP, prior to the date the paid leave begins. The manager must then grant 5 days of excused absence, to be used immediately before the employee returns to work. Whenever an adjustment is made to a prior week, the manager must complete an Individual Performance Report (IPR) adjustment to correct WP&C report; Reviewing the SETR T&A record for each employee in their organization code for accuracy; Validating employees' SETR T&A records by close of business (COB) at the end of the pay period. These programs are open to all full-time or part-time employees. An employee’s entitlement to FMLA leave begins on the date of placement and expires 12 months later. Under this program, employees may voluntarily donate annual leave for transfer to employees in the IRS or other Executive agencies who are adversely affected by the disaster or emergency, as provided by 5 USC 6391 and 5 CFR 630, subpart K. More detailed information regarding the Emergency Leave Transfer Program may be found on the ERC at: http://erc.web.irs.gov/docs/2002/awss/ps/leavebank/EmergencyLeaveTransferProgramOverviewInformation.pdf PDF. The authorities for eligibility of annual and sick leave are pursuant to 5 USC Chapter 63, Subchapter I, Annual and Sick Leave. Sick leave may be used and charged in 15-minute increments. It is recommended leave be used in the following sequence for the timeframe of pay period 18 through the end of the leave year: Previously earned compensatory time off (for travel or in lieu of overtime payment); Restored annual leave that will expire in a following leave year; and. These 12 administrative workweeks do not include holidays and non-workdays. Before forfeited annual leave may be considered for restoration, as required by 5 CFR 630.308, the annual leave must have been scheduled and approved in writing before the start of the third biweekly pay period prior to the end of the leave year. However, employees on intermittent work schedules who temporarily change to a full-time or part-time work schedule will earn leave as in (2) and (3) above. For part-time employees, the amount of sick leave that may be used to care for a family member with a serious health condition is prorated in proportion to the average number of hours of work in the employee's scheduled TODeach week. Requests must include the type(s) of leave, approximate dates, duration, and whether or not they will invoke entitlement under the Family and Medical Leave Act (FMLA). If the employee separates prior to the 90th day, he or she is entitled to payment for any annual leave earned but not used. Employees may use up to 104 hours of sick leave during any leave year to care for a family member who has been similarly exposed. Managers and employees are responsible for establishing leave schedules early in the year to ensure that the needs of the Service and employees are met. ); or, Permanent/Long-Term Conditions Requiring Supervision – A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. IRS employees assigned to duty stations abroad are entitled to earn and use home leave in accordance with 5 USC 6305 and 5 CFR 630, subpart F. Except as otherwise authorized by statute, an employee is entitled to home leave only when he or she has completed a basic service period of 24 months of continuous service abroad and must be returning abroad for at least an additional 24 months. As provided by 5 CFR 630.407, sick leave used in the computation of an annuity may not be recredited. In accordance with 5 CFR 630.803, the definition of immediate relative means the following relatives of the deceased member of the Armed Forces: An employee is entitled to court leave, without charge to leave or loss of pay, for absence from work when summoned for service as a juror; or as a witness on behalf of any party in connection with a judicial proceeding to which the United States, the District of Columbia, a State, or local government is a party. Leave for these purposes shall be granted regardless of the employee’s existing negative sick leave balance, as long as it does not exceed 240 hours. The following statutory provisions apply: The term "covered servicemember" means: A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or. The servicing employment office will maintain the final request files. While telework may help employees to better balance their work and personal responsibilities, it remains a management option rather than an employee benefit and does not change the terms and conditions of employment. (23) IRM 6.618.104.22.168.1 adds information to direct employees to the new IRM 6.630.1.12 on Maternity Leave where the reader will find additional flexibilities on the use of sick leave relating to childbirth.
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