LEAVE AND WORK SCHEDULING FLEXIBILITIES AVAILABLE FOR CHILDBIRTH

April 2015

Handbook on Leave and

Workplace Flexibilities for

Childbirth, Adoption, and

Foster Care

A Message from the Director of the U.S. Office of Personnel Management

On January 15, 2015, President Obama issued a memorandum entitled: “Modernizing Federal

Leave Policies for Childbirth, Adoption and Foster Care to Recruit and Retain Talent and

Improve Productivity.” In his January 20, 2015 State of the Union address, the President

mentioned this memorandum and his belief that all employers, including the Federal

Government, should support parents to ensure that they can contribute fully in the workplace,

while also meeting the needs of their families. The President’s memorandum aligns the Federal

Government with the parental leave policies of leading private sector companies and other

industrialized countries.

As part of his effort to ensure that all employees have paid time off available for childbirth,

adoption and foster care, the President has directed all Federal agencies, to the extent permitted

by law, to ensure that discretionary benefits are used to the maximum extent practicable,

including advancement of sick or annual leave, donated annual leave under the voluntary leave

transfer and leave bank programs, and leave without pay. Further, to the extent permitted by

law, the President has directed all Federal agencies to (1) offer 240 hours of advanced sick leave,

at the request of an employee and in appropriate circumstances, in connection with the birth or

adoption of a child or for other sick leave eligible uses, and (2) offer the maximum amount of

advanced annual leave, at the request of an employee, for foster care placement in their home or

bonding with a healthy newborn or newly adopted child. Agencies have been directed to provide

this advanced leave for purposes specified in law and regulation irrespective of existing leave

balances. All Federal agencies must update their advanced sick and annual leave policies to be

in compliance with the President’s memorandum by no later than Monday, June 15, 2015.

The President’s memorandum also requires that by April 15, 2015, the U.S. Office of Personnel

Management (OPM) provide guidance to all Federal agencies to help them implement the

revised advanced leave policies, including how to apply these policies to part-time employees.

To meet the President's requirement, OPM held a series of interagency working group meetings

with representatives from more than 40 agencies. These working group meetings revealed that

many agencies believe that their employees are simply unaware of the wide array of leave and

workplace flexibilities available for childbirth, adoption, and foster care purposes. Agency

working group representatives requested that OPM's forthcoming guidance focus on all current

existing leave flexibilities that employees could use for childbirth, adoption, and foster care

purposes (including advanced sick and annual leave policies).

As a result, OPM determined that a new Handbook focusing on leave and workplace flexibilities

available to employees for childbirth, adoption, and foster care purposes would be the most

appropriate guidance to provide to the agencies. OPM’s Handbook contains guidance to the

agencies on advanced sick and annual leave policies as required by the President’s memorandum

while emphasizing the various leave entitlements and flexibilities available to assist employees.

The Handbook is divided into three distinct sections to fully assist agencies depending on the

specific circumstance of the employee. The sections are: (1) Pregnancy and Childbirth, (2)

Adoption and Foster Care, and (3) Interaction of the Various Leave Programs and Workplace

Flexibilities. OPM believes that this new Handbook will allow agencies to be in a better position

to assist employees or their family members who are experiencing childbirth, adoption, and

foster care. In doing so, the Federal Government will continue to support parents to ensure they

can both contribute fully in the workplace and also meet the needs of their families.

Katherine Archuleta

Director

Handbook on Leave and Workplace Flexibilities for Childbirth,

Adoption and Foster Care

Contents

I: Introduction .............................................................................................................................. 6

History of the Evolution and Expansion of Federal Leave Programs Related to Childbirth,

Adoption and Foster Care .......................................................................................................... 6

Roles and Responsibilities .......................................................................................................... 7

Employee Checklist for Planning for Time Off for Childbirth, Adoption, and Foster Care ...... 7

II: Leave and Workplace Flexibilities for Pregnancy and Childbirth .................................... 9

A. Sick Leave ............................................................................................................................ 9

Sick Leave for Employee’s Own Care .................................................................................... 9

Sick Leave to Care for a Family Member ............................................................................. 10

Sick Leave to Care for Birth Mother..................................................................................... 11

Sick Leave to Care for the Newborn ..................................................................................... 11

B. Advanced Sick Leave ........................................................................................................ 12

Repayment of Advanced Sick Leave ...................................................................................... 12

C. Annual Leave ...................................................................................................................... 13

Scheduling of Annual or Advanced Annual Leave ................................................................ 13

D. Advanced Annual Leave .................................................................................................... 13

Repayment of Advanced Annual Leave ................................................................................. 13

E. Family and Medical Leave .............................................................................................. 14

FMLA for Employee’s Own Care ......................................................................................... 14

FMLA to Care for Birth Mother ........................................................................................... 14

FMLA to Care for a Newborn ............................................................................................... 16

Intermittent Use of FMLA Leave or Use on a Reduced Leave Schedule .............................. 16

Parents’ Eligibility ................................................................................................................ 17

FMLA Facts Related to Pregnancy and Childbirth .............................................................. 17

Substitution of Paid Leave under FMLA .............................................................................. 18

Effect of Unpaid FMLA Leave on Leave Accrual and other Benefits ................................... 18

F. Leave Sharing Programs ................................................................................................... 18

Medical Emergency .............................................................................................................. 19

Voluntary Leave Transfer Program ...................................................................................... 19

Voluntary Leave Bank Program ........................................................................................... 20

Definition of Family Member for VLTP and VLBP .............................................................. 20

Retroactive Substitution of Donated Annual Leave .............................................................. 20

Set-Aside Accounts ................................................................................................................ 20

Leave Sharing Facts Related to Pregnancy and Childbirth ................................................. 21

G. Leave Without Pay............................................................................................................ 21

Effect of LWOP on Leave Accrual and Other Benefits ......................................................... 22

H. Compensatory Time Off .................................................................................................... 22

Compensatory time off in lieu of overtime pay. .................................................................... 22

Compensatory time off for travel. ......................................................................................... 22

Religious compensatory time off ........................................................................................... 23

I. Alternative Work Schedules ............................................................................................... 23

Alternative Work Schedule Facts Related to Pregnancy and Childbirth ............................. 24

J. Telework ............................................................................................................................. 24

Expectations to Consider in a Telework Agreement for Childbirth ..................................... 24

Telework Facts Related to Childbirth ................................................................................... 25

K. Part-time Employment and Job Sharing Arrangements ............................................... 25

Part-time ............................................................................................................................... 25

Job Sharing ........................................................................................................................... 26

III. Leave and Workplace Flexibilities for Adoption and Foster Care .................................. 27

A. Sick Leave ........................................................................................................................... 27

Sick Leave for Adoption ........................................................................................................ 27

Facts Related to Sick Leave for Adoption ............................................................................. 28

B. Advanced Sick Leave ......................................................................................................... 28

Repayment of Advanced Sick Leave ...................................................................................... 29

C. Annual Leave ...................................................................................................................... 29

Scheduling of Annual or Advanced Annual Leave ................................................................ 29

D. Advanced Annual Leave ................................................................................................... 29

Repayment of Advanced Annual Leave ................................................................................. 30

E. Family and Medical Leave ................................................................................................ 30

Intermittent Use of FMLA Leave or Leave on a Reduced Leave Schedule .......................... 31

FMLA Facts Related to Adoption and Foster Care .............................................................. 32

Substitution of Paid Leave under FMLA .............................................................................. 32

Effect of Unpaid FMLA Leave on Leave Accrual and other Benefits ................................... 33

F. Leave Sharing Programs ................................................................................................... 33

Medical Emergency .............................................................................................................. 33

Voluntary Leave Transfer Program ...................................................................................... 34

Voluntary Leave Bank Program ........................................................................................... 34

Definition of Family Member for VLTP and VLBP .............................................................. 35

Retroactive Substitution of Donated Annual Leave .............................................................. 35

Set-Aside Accounts ................................................................................................................ 35

Leave Sharing Facts Related to Adoption and Foster Care ................................................. 35

G. Leave Without Pay............................................................................................................ 36

Effect of LWOP on Leave Accrual and other Benefits .......................................................... 36

H. Compensatory Time Off .................................................................................................... 36

Compensatory time off in lieu of overtime pay ..................................................................... 36

Compensatory time off for travel. ......................................................................................... 37

Religious compensatory time off ........................................................................................... 37

I. Alternative Work Schedules ............................................................................................... 37

Alternative Work Schedule Facts Related to Adoption and Foster Care ............................. 38

J. Telework ............................................................................................................................ 38

Expectations to Consider in a Telework Agreement for Adoption or Foster Care .............. 39

Telework Facts Related to Adoption or Foster Care ............................................................ 39

K. Part-time Employment and Job Sharing Arrangements ............................................... 40

Part-time ............................................................................................................................... 40

Job Sharing ........................................................................................................................... 40

IV. Interaction of Leave Programs and Workplace Flexibilities ........................................... 42

A. Leave for Family Care: Differences between Sick Leave/Leave Transfer and FMLA 42

B. Summary of Leave Programs Available for Childbirth ................................................. 43

C. Sample Leave Calendars for Childbirth Purposes ......................................................... 45

D. Summary of Leave Programs Available for Adoption or Foster Care ......................... 66

E. Sample Leave Calendars for Adoption and Foster Care ................................................ 67

Introduction

In order to attract and retain a talented, engaged, and productive workforce, the Federal

Government must ensure that Federal employees are provided an opportunity to use workplace

flexibilities that will enable them to thrive both at work and at home. The Federal Government

recognizes the importance of family and is committed to assisting Federal employees in

balancing their work and family responsibilities. When an agency permits an employee to use

leave and other workplace flexibilities for purposes of childbirth, adoption, and foster care, the

agency is fostering goodwill that can improve recruitment of new employees and strengthen

retention of the existing workforce. Providing employees with the support they need to balance

their professional and personal responsibilities is not only good for employees and their families,

it is also good for agencies and the integrity of the Federal workforce. As a result, OPM is

committed to working with our agency partners to encourage the full utilization of leave

flexibilities, including advanced sick and annual leave, to the maximum extent practicable.

History of the Evolution and Expansion of Federal Leave Programs Related to

Childbirth, Adoption and Foster Care

The Federal leave system is a dynamic system that has evolved over the years to better meet the

needs of employees as well as those of Federal agencies. Combined with other workplace

flexibilities, the program has progressed to serve the contemporary workforce in a manner that

meets the needs of employees and is responsive to agency mission requirements. The Federal

leave system dates back to 1893, with our current leave system enacted in 1951 that included

annual leave, sick leave, and leave without pay (LWOP). Over the years, the leave system has

evolved and expanded in a variety of ways, all of which have focused on responding to changing

needs of both employees and agencies. The following provides a brief history of the Federal

leave programs as they relate to childbirth, adoption and foster care:

 Federal Leave Sharing Act of 1988. Authorized Federal agencies to participate in pilot

voluntary leave transfer and leave bank programs allowing employees to donate their annual

leave to an employee with a personal or family medical emergency who had exhausted their

available paid leave. The Federal Employee Leave Sharing Amendments Act of 1993 made

the program permanent.

 Family and Medical Leave Act (FMLA) of 1993. Entitled an employee to a total of up to

12 workweeks of unpaid leave during any 12-month period for the following purposes: the

birth of a son or daughter of the employee and the care of such son or daughter; the

placement of a son or daughter with the employee for adoption or foster care; a serious health

condition of the employee; or for the employee to care for a spouse, son, daughter, or parent

with a serious health condition.

 Federal Employees Family-Friendly Leave Act of 1994. Authorized up to 13 days of sick

leave per leave year to care for a family member and to make arrangements necessitated by

the death of, or attend the funeral of, a family member. Prior to 1994, employees were only

able to use sick leave to care for themselves.

 Sick Leave for Adoption (1994). Authorized an employee to use sick leave for purposes

related to the adoption of a child.

 Implementation of U.S. v. Windsor (2013). Supreme Court decision (United States v.

Windsor) determined Section 3 of the Defense of Marriage Act (DOMA) to be

unconstitutional, thereby allowing Federal employees with same-sex spouses to use FMLA

leave in the same manner as Federal employees with opposite-sex spouses.

Roles and Responsibilities

 OPM’s Role. OPM provides leadership on Federal leave policies and programs by

developing and maintaining Governmentwide rules and regulations on annual leave, sick

leave, the Family and Medical Leave Act, Federal leave sharing programs, and other leave

and workplace flexibilities and programs.

 Agencies’ Role. Federal agencies are responsible for complying with the law and OPM's

Governmentwide regulations and guidance. Agencies are also responsible for developing

agency-specific policies dealing with the administration of leave programs, including any

discretionary benefits, in accordance with any applicable collective bargaining agreements.

 Employees’ Role. Employees must review both OPM and agency-specific rules and

regulations on leave and workplace flexibilities to understand the options available for

childbirth, adoption, or foster care. It is equally important for employees to consult with their

agency’s servicing human resources office.

This handbook provides various tools for employees to use in preparing and planning for time

off for childbirth, adoption, and foster care. It must be read in conjunction with agency and

component-specific leave policies and any applicable collective bargaining agreements.

Employee Checklist for Planning for Time Off for Childbirth, Adoption, and

Foster Care

The following checklist should be used as an organizational tool before meeting with your

manager or servicing human resource office. (Note: Check with your servicing human resource

office to confirm what flexibilities are available at your agency.)

Things to Do:

 Read the OPM Handbook on Leave and Workplace Flexibilities for Childbirth, Adoption,

and Foster Care

 Review relevant OPM fact sheets using the links in the Handbook

 Know your internal agency policies and guidelines for requesting and using leave and

workplace flexibilities

 Determine the amount of time off you would like to take

o Hours needed:_______

 Determine your projected leave/paid time off balances at the time leave will be needed

o Available sick leave hours: _______

o Available annual leave hours:_______

o Other available paid time off (compensatory time, credit hours): ____

o Amount of unpaid time off (LWOP) you wish to take: _____

 Determine the gap, if any, between the amount of leave/paid time off you would like to take,

versus the amount of leave/paid time off you will have available at the time leave will be

needed

o Hours of leave/paid time off hours wanted minus hours of leave/paid time off

accrued: _______

 Ask questions of your coworkers

o How much time did you take off and how did you structure that time off?

o How did you transition back to work afterward?

o Is there anything you would have done differently?

Know Your Options:

 Advanced Sick Leave and Advanced Annual leave –

o What options does my agency provide to repay advanced leave?

o How will I repay the advanced leave?

o Can I apply for donated annual leave to repay advanced leave?

o How long will it take to repay my advanced leave?

 Voluntary Leave Transfer or Voluntary Leave Bank Programs – familiarize yourself with

your agency’s policies and rules for participation well in advance of needing

donated/transferred annual leave

o Will I be eligible to become a leave recipient? If so, how/when should I apply?

o If your agency has a leave bank, when is the open enrollment period?

Will you use donated annual leave to repay any potential advanced leave

indebtedness?

 Family Medical Leave Act (FMLA) leave –

o Are you eligible for FMLA? If so, when will you be invoking it?

o Will you be substituting paid leave for unpaid FMLA leave? If so, what type and how

much?

o Do you want to use your FMLA leave intermittently? If so, speak with your manager

about your work schedule.

 Telework

o Is situational telework an option? Discuss with your HR office and your manager.

 Work Schedules

o Is an alternative work schedule (AWS) an option?

o If your agency offers AWS, what type of schedule do they offer (flexible work

schedules versus compressed work schedules)?

o Does your agency allow part-time employment or job sharing?

II: Leave and Workplace Flexibilities for Pregnancy and Childbirth

The Federal Government offers various leave and work scheduling flexibilities to assist

employees in meeting their work and family obligations. This chapter explains the available

leave options that can be used separately or in combination to help an employee balance his or

her work and family life related to pregnancy and childbirth. An employee who is pregnant

needs time off from work for her own pregnancy-related issues and recovery from childbirth, or

to care for and bond with her baby. An employee may need time off from work to care for a

spouse who is pregnant or has just given birth, or to care for and bond with his or her baby. Note

that an employee may also want to take leave to care for a variety of family members who are

birth mothers—not just spouses—including a same or opposite sex domestic partner, a daughter

or daughter-in-law, a mother, sister, or granddaughter, or also to care for new babies such as

grandchildren.

A. Sick Leave

An employee is entitled to use sick leave for personal medical needs while pregnant or

recovering from childbirth, to care for a family member who is pregnant or recovering from

childbirth, to care for a family member with a serious health condition, or for general family care

purposes such as well-baby doctor visits or illnesses. An agency may request administratively

acceptable evidence indicating the duration of the employee's or family member’s recovery from

childbirth. Most health care providers certify that the recovery period following childbirth is

about 6-8 weeks.

Tip: Sick leave is an entitlement that may be used without invoking leave under the Family

Medical Leave Act (FMLA). See Section E. for information on FMLA.

Sick Leave for Employee’s Own Care

An employee who is the birth mother is entitled to use any accumulated or accrued sick leave for

prenatal care, any period of incapacity due to her pregnancy—including periods of morning

sickness or medically prescribed bed rest—childbirth, and recovery from childbirth. There is no

limit on the amount of sick leave that an employee may use for her own personal medical needs,

however an employee has no entitlement to use sick leave except for authorized sick leave

purposes.

Scenario: Jody has given birth and has requested 12 weeks of sick leave. Is she entitled to use

12 weeks of sick leave?

Jody is only entitled to use sick leave for her period of incapacitation following childbirth. In

most cases, this is 6-8 weeks for a normal pregnancy, unless complications arise.

For more information, see our fact sheets on Sick Leave (General Information) and Sick Leave

for Personal Medical Needs.

Sick Leave to Care for a Family Member

An employee is entitled to a total of 12 weeks (480 hours) of sick leave each leave year to care

for a family member with a serious health condition.

The individual for whom the employee is providing care must meet the definition of family

member used for sick leave, voluntary leave transfer program (VLTP), and voluntary leave bank

program (VLBP) purposes.

A family member is an individual with any of the following relationships to the

employee:

1) Spouse, and parents thereof;

2) Sons and daughters, and spouses thereof;

3) Parents, and spouses thereof;

4) Brothers and sisters, and spouses thereof;

5) Grandparents and grandchildren, and spouses thereof;

6) Domestic partner and parents thereof, including domestic partners of any

individual in 2 through 5 of this definition; and

7) Any individual related by blood or affinity whose close association with the

employee is the equivalent of a family relationship.

The agency determines whom they consider to be an “individual related by blood or affinity

whose close association with the employee is the equivalent of a family relationship.” For

important associated definitions, please see our fact sheet entitled Definitions Related to Family

Member and Immediate Relative.

For more information on the definition of serious health condition, which has the same meaning

as used in OPM's regulations for administering the Family and Medical Leave Act (FMLA) of

1993, please see our fact sheet entitled Sick Leave to Care for a Family Member with a Serious

Health Condition. Examples of authorized sick leave uses for a serious health condition are

caring for the birth mother for prenatal care, any period of morning sickness or medically

prescribed bed rest, childbirth, and recovery from childbirth, and care of the baby if the baby has

a serious health condition. The employee may also use 13 days (104 hours) of sick leave for

general family care—including well-baby visits or minor illnesses. If the employee previously

has used any portion of the 13 days of sick leave for general family care or bereavement

purposes in a leave year, that amount must be subtracted from the 12-week entitlement. An

employee is entitled to no more than a combined total of 12 weeks of sick leave each leave year

for all family care purposes.

When an employee requests sick leave to care for a family member, the agency may require the

employee to document his or her relationship with that family member. Agencies should

establish consistent rules and follow the same documentation requirements for all relationships,

but agencies have authority to request additional information in cases of suspected leave abuse.

Sick Leave to Care for Birth Mother

An employee caring for a family member who is a birth mother is entitled to use sick leave for

the mother’s prenatal care, any period of incapacity due to her pregnancy—including severe

morning sickness or medically prescribed bed rest—childbirth, or for the mother’s recovery from

childbirth. As mentioned above, most health care providers certify that the recovery period is

about 6-8 weeks.

Scenario: Demont’s wife, Sharise, is hospitalized because she is experiencing an extremely

high risk pregnancy. Demont wants to use some of his 600 hours of sick leave to be with her

in the hospital. His supervisor denies his request for sick leave for the period of

hospitalization, stating that since Demont’s wife will be in the hospital, Demont will not be

“caring for her” and is not entitled to sick leave for that period. Can Demont’s supervisor deny

Demont’s invocation of his sick leave entitlement?

OPM’s sick leave regulations allow sick leave to be used if the family member of the

employee requires psychological comfort and the family member would benefit from the

employee’s care or presence, therefore, Demont’s sick leave request cannot be denied.

However, the agency could request certification from the health care provider concerning the

family member’s need for psychological comfort and that the family member would benefit

from the employee’s care or presence.

Sick Leave to Care for a Newborn

Employees may not use sick leave to be absent from work to bond with or care for a healthy

newborn. There is no provision in law or regulation that permits the use of sick leave to care for

a healthy newborn, bond with a healthy child, or for other child care responsibilities. However,

an employee is entitled to use sick leave for general family care purposes, i.e., to care for a child

who has a routine illness or to take a child to medical, dental, or optical appointments or well-

baby doctor visits, or if the baby has a serious health condition. See previous discussion of the

time limits on use of sick leave for family care purposes. An agency may request

administratively acceptable evidence of a child's illness or treatment.

The child must meet the definition of family member (see above), or if applicable, the definition

of son or daughter for sick leave, VLTP, and VLBP purposes.

Son or daughter means:

1) A biological, adopted, step, or foster son or daughter of the employee;

2) A person who is a legal ward or was a legal ward of the employee when that

individual was a minor or required a legal guardian;

3) A person for whom the employee stands in loco parentis or stood in loco

parentis when that individual was a minor or required someone to stand in

loco parentis; or

4) A son or daughter, as described in paragraphs (1) through (3) of this

definition, of an employee's spouse or domestic partner.

Tip: Based on the definition of family member, an employee could take sick leave to care for a

grandchild. Or based on the definition of son or daughter, a same-sex domestic partner could

care for the son or daughter of his or her partner for whom the employee will stand in loco

parentis, even if the employee is not the child’s genetic parent or is not adopting the child.

For more information, see our fact sheets on Sick Leave (General Information), Sick Leave for

Family Care and Bereavement, and Sick Leave to Care for a Family Member with a Serious

Health Condition.

B. Advanced Sick Leave

Upon an employee’s request, an employee must be granted advanced sick leave to the maximum

extent practicable, in accordance with sick leave laws and regulations and consistent with

mission needs. Employees are eligible for a maximum of 240 hours (30 days) of advanced sick

leave for purposes of a serious health condition and a maximum of 104 hours (13 days) for

general family care purposes (see previous discussion of what types of activities are covered).

An agency may grant advanced sick leave for the same reason it grants sick leave as specified in

law and regulation, irrespective of the employee’s existing annual leave balance.

Tip: Advanced sick leave may be especially beneficial to new employees within their first

year of Federal service who have little or no sick leave accumulated.

Repayment of Advanced Sick Leave

An employee is required to repay advanced sick leave, except in very limited circumstances—

e.g., disability retirement or death. Therefore, an employee requesting advanced sick leave

should think carefully about whether he or she wants to incur this debt and how the debt will be

repaid. Note that generally advanced sick leave is repaid by subsequently earned sick leave, so if

an employee were to use 13 days of advanced sick leave, it would take him or her a full year

without using another hour of sick leave to repay the sick leave debt. Because advanced sick

leave must be repaid, an agency should not advance sick leave when it is known (or reasonably

expected) that the employee will not return to duty.

Tip: Donated annual leave under the Voluntary Leave Transfer Program (VLTP) or

Voluntary Leave Bank Program (VLBP) may be used to liquidate an indebtedness incurred by

the leave recipient for advanced sick leave used because of a medical emergency, such as

medically prescribed bed rest or recovery from childbirth. Before using donated annual leave,

however, the employee must first exhaust all his or her own annual and sick leave. See

Section F. on Leave Sharing Programs.

For more information, including information on repayment options, see our fact sheet on

Advanced Sick Leave.

C. Annual Leave

Annual leave may be used for any purpose, subject to the right of the supervisor to approve a

time when the annual leave may be taken. Annual leave may be used for pregnancy, childbirth

and recovery from childbirth, bonding with or caring for a baby, or for other child care

responsibilities including taking the child to medical, dental, or optical appointments or well-

baby doctor visits, or any other purpose.

Scheduling of Annual or Advanced Annual Leave

Employees have the right to request annual leave, subject to the right of the supervisor to

approve the time when the employee takes the annual leave. For pregnancy and childbirth,

agencies are encouraged to grant the leave to the maximum extent practicable consistent with

mission needs.

Tip: An employee has an entitlement to substitute annual leave for any unpaid FMLA leave

during any period approved under FMLA. See section E. on Family and Medical Leave.

D. Advanced Annual Leave

Advanced annual leave should be granted to the maximum extent practicable, in accordance with

annual leave laws and regulations and consistent with mission needs. An agency may advance

the amount of annual leave an employee would accrue during the remainder of the leave year.

Note that this means that the later in the leave year the employee requests advanced annual leave,

the smaller the amount that may be advanced. Agencies are advised to advance annual leave to

the maximum extent practicable for purposes related to pregnancy and childbirth. An agency

may grant advanced annual leave for the same reasons it grants annual leave as specified in law

and regulation, irrespective of the employee’s existing annual leave balance. New employees are

eligible to receive advanced annual leave.

Tip: Advanced annual leave may be especially beneficial to new employees, within their first

year of Federal service, who have little or no leave accumulated.

Repayment of Advanced Annual Leave

An employee is required to repay advanced annual leave, except in very limited circumstances—

e.g., disability retirement or death. Therefore, an employee requesting advanced annual leave

should think carefully about whether he or she wants to incur this debt and how the debt will be

repaid. Note that generally advanced annual leave is repaid by subsequently earned annual leave,

although there are other options for repayment.

Tip: Donated annual leave under the Voluntary Leave Transfer Program (VLTP) or

Voluntary Leave Bank Program (VLBP) may be used to liquidate an indebtedness incurred by

the leave recipient for advanced annual leave used because of a medical emergency, such as

medically prescribed bed rest or recovery from childbirth. Before using donated annual leave,

however, the employee must first exhaust all his or her own annual and sick leave. See

Section F. on Leave Sharing Programs.

Because advanced annual leave must be repaid, an agency should not advance annual leave when

it is known (or reasonably expected) that the employee will not return to duty. For more

information, including information on repayment options, see our fact sheet on Advanced

Annual Leave.

E. Family and Medical Leave

Under the Family and Medical Leave Act (FMLA), Federal employees are entitled to a total of

up to 12 workweeks of unpaid leave during any 12-month period for one or more of these

purposes related to childbirth:

 the birth of a son or daughter of the employee and the care of such son or daughter;

 the care of spouse, son or daughter, or mother of the employee who has a serious health

condition; or

 a serious health condition of the employee that makes the employee unable to perform

the essential functions of his or her position.

Tip: An employee must have completed at least 12 months of service (not required to be

consecutive and not required to be at the same agency) as a covered Federal employee

(generally, an employee at an executive agency) in order to be entitled to FMLA leave.

However, an agency may still provide a new employee not eligible for FMLA with a FMLA-

like benefit.

FMLA for Employee’s Own Care

An employee who must be absent from work because of a serious health condition is entitled to

unpaid FMLA leave for prenatal care or any period of incapacity due to pregnancy, childbirth, or

recovery from childbirth. This is because, according to the definition of serious health condition

(see discussion of serious health condition under Section A. on Sick Leave), any period of

incapacity due to pregnancy or childbirth, or for prenatal care, is considered a serious health

condition, even if the employee does not receive active medical treatment from a health care

provider during the period of incapacity or the period of incapacity does not last more than

3 consecutive calendar days.

Tip: Since sick leave and FMLA leave are two separate entitlements, an employee does not

need to invoke FMLA to use sick leave for her period of recovery from childbirth. She can

use 6-8 weeks of sick leave for recovery from childbirth, then later invoke FMLA to bond with

her baby.

FMLA to Care for Birth Mother

An employee is entitled to use FMLA leave to care for a wife, daughter (generally under 18

years of age, see definition of son or daughter used for FMLA below), or mother for prenatal

care or any period of incapacity due to pregnancy, childbirth, or recovery from childbirth. Note

that the broad definition of family member used for sick leave, VLTP and VLBP purposes does

not apply to the FMLA, therefore an employee can only use FMLA leave to provide care for the

individuals specified in law.

Spouse. The definition of spouse currently found in OPM’s FMLA regulations is being

amended in response to the Supreme Court’s June 26, 2013 decision in United States v. Windsor,

which determined Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. In

OPM’s CPM 2013-14 entitled “Family and Medical Leave Act (FMLA) Coverage of Same-Sex

Spouses” we explained that the ruling provides employees with same-sex spouses the same

FMLA entitlements as those with opposite-sex spouses. Spouse now means a partner in any

legally recognized marriage, regardless of the employee’s State of residency.

Tip: The definition of spouse for FMLA purposes is not as broad as the definition of family

member for sick leave and leave sharing purposes. Therefore, an employee cannot take FMLA

leave to care for a same-sex or opposite-sex domestic partner who gives birth to a child unless

the domestic partner is a common law spouse according to the State of residence.

Son or Daughter. An employee may not invoke FMLA leave to care for a daughter over 18

years of age who has given birth unless she is incapable of self-care due to a mental or physical

disability. That definition reads as follows—

Son or daughter means a biological, adopted, or foster child; a step child; a legal ward; or

a child of a person standing in loco parentis who is:

1) Under 18 years of age; or

2) 18 years of age or older and incapable of self-care because of a mental or

physical disability. A son or daughter incapable of self-care requires active

assistance or supervision to provide daily self-care in three or more of the

“activities of daily living” or “instrumental activities of daily

living.” Activities of daily living include adaptive activities such as caring

appropriately for one's grooming and hygiene, bathing, dressing, and

eating. Instrumental activities of daily living include cooking, cleaning,

shopping, taking public transportation, paying bills, maintaining a residence,

using telephones and directories, using a post office, etc. A “physical or

mental disability” refers to a physical or mental impairment that substantially

limits one or more of the major life activities of an individual as defined in

29 CFR 1630.2 (h), (i) and (j).

Scenario: Marguerite is a Federal employee whose healthy 22-year old daughter Rose is

pregnant. The daughter’s husband has been called up for active duty in the Middle East.

Marguerite has requested 6 weeks of unpaid leave under the FMLA to care for Rose after she

gives birth because her son-in-law will not be there to care for Rose. Is Marguerite entitled to

this leave?

No. The FMLA regulations provide entitlement to care for a son or daughter who is 18 years

of age or older and incapable of self-care because of a mental or physical disability. Based on

this description, Rose does not meet this definition. However, Marguerite may use sick leave

to care for Rose during the daughter’s period of recovery from childbirth, since the sick leave

regulations do not include any age restrictions on use of sick leave to care for a son or

daughter.

FMLA to Care for a Newborn

Each parent is entitled to use FMLA leave for the birth of a child and care of the newborn. An

employee may elect to substitute annual leave and/or sick leave for any or all of the leave

without pay used under the FMLA, consistent with the laws and regulations for using annual and

sick leave. (See Sections A. on Sick Leave and C. on Annual Leave.) An employee's entitlement

to FMLA leave expires 12 months following the date of birth of a child.

Scenario: Jonathan used 6 weeks of sick leave to care for his wife after she gave birth to their

son. He then invokes his FMLA entitlement, and requests unpaid FMLA leave, but the

supervisor says that Jonathan is not entitled to FMLA leave because Jonathan’s baby is not

sick and his wife has recovered. What leave is Jonathan entitled to take?

Jonathan is entitled to use both sick leave and FMLA leave. He does not need to invoke

FMLA to use sick leave; they are separate entitlements. Jonathan is entitled to invoke FMLA

as he requested for the birth of and care for his son. The 12 weeks must be concluded by the

end of the 12-month period following the baby’s birth. If he wants to substitute paid leave for

unpaid leave, he may only substitute annual leave, not sick leave, since he is not using the

FMLA leave for a serious health condition of his wife or son.

Intermittent Use of FMLA Leave or Use on a Reduced Leave Schedule

An employee is entitled to take FMLA leave on an intermittent basis or on a reduced leave

schedule for absences in connection with a serious health condition. A reduced leave schedule is

a special kind of intermittent leave that amounts to a change in an employee’s usual number of

working hours in a workweek or workday, in many cases reducing an employee’s full-time

schedule to a part-time schedule for the period of FMLA leave. Therefore, an employee is

entitled to take FMLA leave for her own or an eligible birth mother’s prenatal appointments, for

any period of incapacity due to pregnancy, childbirth, or recovery from childbirth (including for

“morning sickness”), or to care for his or her child with a serious health condition. Eligibility

and medical certification for the serious health condition are established only at the time of the

employee first invokes FMLA for a serious health condition—a medical note is not required for

each absence related to the serious health condition.

Upon mutual agreement between the agency and the employee, an employee may use FMLA

leave intermittently or on a reduced leave schedule to bond with or care for his or her healthy

baby. Agencies are encouraged to approve requests for intermittent FMLA leave for bonding to

the maximum extent practicable. In fact, it may be to the benefit of the agency to have the

employee take FMLA leave intermittently or on a reduced leave schedule basis and return to

work sooner rather than being away from the job for the full 12-week block. It is important for

employees to consult with their supervisors regarding scheduling requests in order to minimize

the impact on agency operations. In other words, employees should schedule intermittent FMLA

leave in advance and be flexible about their intermittent or reduced work schedule in

consideration of agency needs.

Scenario: Eduardo and his wife are having a baby and he would like to take time off to care

for his wife and new baby. His job provides the sole source of income for the family;

therefore, Eduardo needs to return to work soon after the baby is born. He first uses sick leave

to care for his wife during her recovery from childbirth. Eduardo would like to return to work,

but wants to know if he can he take FMLA leave intermittently on Tuesdays and Thursdays to

continue to bond with his baby.

Eduardo would have to discuss his work schedule with his manager in advance to minimize

the impact of his absence on agency operations. However, subject to the agency’s policy and

any applicable collective bargaining agreement, Eduardo may request the use of FMLA on an

intermittent basis. This would allow Eduardo to use FMLA intermittently for bonding.

Parents’ Eligibility

For FMLA purposes, a parent means a biological parent or an individual who stands or stood in

loco parentis to an employee when the employee was a son or daughter. This term does not

include parents “in law.” In loco parentis refers to the situation of an individual who has day-to-

day responsibility for the care and financial support of a child or, in the case of an employee,

who had such responsibility for the employee when the employee was a child. A biological or

legal relationship is not necessary. See OPM’s CPM 2010-15 entitled, “Interpretation of “Son or

Daughter” Under the Family and Medical Leave Act,” dated August 31, 2010, for more

information and examples.

Tip: Any employee who will stand in loco parentis (see definition above) to a baby is

considered a parent for FMLA purposes and is entitled to use FMLA leave to bond with or

care for the child, even if the employee is not the child’s biological parent (see FMLA

definition of parent above). For example, an employee whose same or opposite sex domestic

partner is having a child, but the employee is not the child’s biological parent, or a grandparent

who will raise a child, is entitled to use FMLA leave to bond with the child or to care for the

child if the employee will stand in loco parentis to the child. For more examples, please see

the OPM memo cited above.

FMLA Facts Related to Pregnancy and Childbirth

 An employee must invoke his or her entitlement to FMLA leave—an agency may not

place an employee on FMLA leave. Generally, an employee may not retroactively

invoke FMLA.

 An employee taking FMLA leave based on an expected birth of a child should provide

not less than 30 calendar days’ notice to the agency of his or her intention to take FMLA

leave—or as much notice as is practicable if the leave is to begin sooner.

 The 12-month period begins on the date an employee first takes FMLA leave for any

purpose and continues for 12 months.

 An employee's entitlement to FMLA leave based on the birth of a son or daughter and

care of the child expires 12 months after the child’s birth.

Substitution of Paid Leave under FMLA

Tip: When one hears the word “leave” generally people think that means a type of paid leave.

But did you know that FMLA leave is actually a type of leave without pay? The main purpose

of FMLA leave is to provide a period of job-protected time away from the agency for

employees for certain purposes. FMLA leave ensures that an employee’s job is protected even

if he or she does not have enough paid leave to cover his or her absence.

FMLA leave is unpaid leave. However, in order to remain in a pay status during FMLA leave,

an employee may elect to substitute accrued, accumulated, or advanced annual or sick leave or

annual leave donated under the VLTP or VLBP, for any unpaid leave under the FMLA,

consistent with current laws and OPM’s regulations for using such leave.

Note: “Consistent with current laws and regulations” means that sick leave and donated

annual leave under the VLTP or VLBP may only be substituted for medical emergencies, such

as the birth mother’s recovery from childbirth or care of a baby with a serious health condition.

Annual leave may be substituted for any period of unpaid FMLA leave. Agencies are

encouraged to grant advanced sick and advanced annual leave to an employee with no

available paid leave who has invoked FMLA so the employee can receive pay by substituting

advanced leave for unpaid FMLA leave.

Effect of Unpaid FMLA Leave on Leave Accrual and other Benefits

Being in a leave without pay (or unpaid FMLA leave) status affects various employee

entitlements, including the accrual of annual and sick leave. For example, when a full-time

employee with an 80-hour biweekly tour of duty accumulates a total of 80 hours of nonpay status

(either in one pay period, or over the course of several pay periods), the employee will not earn

annual and sick leave in the pay period. If the employee again accumulates 80 hours of nonpay

status, he or she will again not earn leave in the pay period in which that new 80-hour total is

reached. Employees who will be on FMLA LWOP or other LWOP should consult our Effect of

Extended Leave Without Pay (LWOP) (or Other Nonpay Status) fact sheet for important

information.

F. Leave Sharing Programs

An employee may be eligible to apply for and receive donated annual leave under an agency’s

leave sharing programs if the employee or the employee’s family member is experiencing a

medical emergency and if the employee will exhaust his or her own annual and sick leave

(referred to as the employee’s “available paid leave”). Donated annual leave may be provided to

the birth mother or a family member caring for the birth mother during her period of

incapacitation. There are two leave sharing programs that can be used during a birth mother’s

period of incapacitation or to care for a child with a medical emergency—the Voluntary Leave

Transfer Program (VLTP) and Voluntary Leave Bank Program (VLBP).

Medical Emergency

The term medical emergency means a medical condition of either the employee or the

employee's family member that is likely to require an employee to be absent or expected to be

absent from duty for a prolonged period and to result in a substantial loss of income (expected

absence without available paid leave of at least 24 work hours for a full-time employee) because

of the employee's lack of available paid leave. An employee’s or family member’s incapacity of

at least 24 hours due to pregnancy and/or recovery from childbirth would therefore constitute a

medical emergency for purposes of the VLTP or VLBP. Care of an employee’s child with a

serious health condition would also constitute a medical emergency.

Tip: The medical emergency related to pregnancy and childbirth is for the birth mother’s

period of incapacitation related to the birth of the child. Donated annual leave under the

VLTP and VLBP cannot be used for bonding with a newborn.

Scenario: Amina, an employee of the African Development Foundation, is pregnant and has

60 hours of sick leave. Her doctor has informed her that she will need to be off from work at

least 6 weeks. Does Amina’s routine maternity leave qualify as a medical emergency under

the leave sharing regulations?

Yes. A medical emergency for the purposes of the leave sharing programs means a medical

condition of an employee or family member that is likely to require an employee’s absence

from duty for a prolonged period of time (i.e., at least 24 work hours) and to result in a

substantial loss of income to the employee because of the unavailability of paid leave.

Voluntary Leave Transfer Program

The VLTP allows an employee to donate annual leave directly to another employee who has a

personal or family medical emergency. Generally, employees receive donated annual leave

under the VLTP from other employees in their agency. However, family members are entitled to

donate annual leave to an approved leave recipient who works at another Federal agency. The

agency may allow donations from Federal employees at other agencies if it believes that the

employee may not otherwise receive enough donated annual leave to meet his or her needs.

Scenario: Amina’s husband works at the Department of Commerce and wants to donate 40

hours of annual leave to her. A coworker has volunteered to donate 80 hours of sick leave to

her. In addition, two other carpool members have volunteered to donate annual leave to her,

one works for the U.S. Postal Service and the other for OPM. How much leave may Amina’s

husband and the carpool members donate to Amina?

Sick leave may not be donated under the VLTP or VLBP. Generally, leave recipients may

receive donations of annual leave only from employees of the same agency. However, any

family member employed by another agency covered by the leave sharing programs in chapter

63 of title 5, of the United States Code is entitled to donate annual leave to a leave recipient, so

Amina may receive donated annual leave from her husband. If the African Development

Foundation believes Amina may not receive enough donations from coworkers in her agency,

it may decide to allow donations from employees at other agencies covered by the leave

sharing programs. Since the U.S. Postal Service is not covered by the title 5 leave system,

Amina may not receive donated annual leave from the carpool member who is an employee of

the U.S. Postal Service.

Voluntary Leave Bank Program

Each agency may establish a voluntary leave bank program (VLBP) under which an employee

may contribute unused annual leave for use by a leave bank member who is experiencing a

personal or family medical emergency. Agencies are strongly encouraged to establish a leave

bank program. The agency's leave bank board operates the leave bank and determines how much

donated annual leave an employee may receive from the leave bank. Any unused donated annual

leave is returned to the leave bank.

Tip: Every agency is required to have a voluntary leave transfer program. To ensure

employees are eligible for the maximum benefits possible, agencies are also encouraged to

establish a voluntary leave bank program.

Definition of Family Member for VLTP and VLBP

The definition of family member is the same for VLTP and VLBP purposes as it is for sick leave.

See Section A. on Sick Leave.

Retroactive Substitution of Donated Annual Leave

Donated annual leave may be—

 Substituted retroactively by the employee for any period of leave without pay used

because of a medical emergency; or

 Used by the employee to liquidate an indebtedness incurred by the leave recipient for

advanced annual or sick leave used because of a medical emergency.

Set-Aside Accounts

While using donated leave, a leave recipient accrues annual and sick leave into what are called

“set-aside accounts” so that the employee has some available leave when the medical emergency

is over. An employee may accrue no more than 40 hours of annual leave and 40 hours of sick

leave in the set-aside accounts. The leave in these accounts will be transferred to the employee's

regular leave accounts either when the medical emergency ends or if the employee exhausts all

donated annual leave but the employee or his or her family member is still experiencing the

medical emergency. Leave in set-aside accounts is not available for use by the employee until

transferred to the employee's regular leave accounts.

Scenario: How does Amina, whom we met earlier, accrue annual and sick leave while using

donated leave?

Amina may accrue up to a maximum of 40 hours of sick leave and 40 hours of annual leave in

set-aside accounts. Annual leave and sick leave in the set-aside accounts will become

available for use after it is transferred to Amina’s regular leave accounts when the medical

emergency terminates or when she exhausts all donated leave but still needs more time to

recover from childbirth.

Leave Sharing Facts Related to Pregnancy and Childbirth

 Donated annual leave may be used only for a medical emergency—e.g., any period of

incapacitation of the mother or illness of the baby that will last at least 24 work hours—

and may not be used to care for a healthy child.

 There is no limit on the amount of donated annual leave a leave recipient may receive

from the leave donor(s)/bank. However, any unused donated annual leave must be

returned to the leave donor(s)/bank when the medical emergency ends.

 Donated annual leave may not be used to bond with or care for a healthy newborn, to care

for a child with a routine illness, or to take the child to medical, dental, or optical

appointments or well-baby doctor visits.

 An employee who returns to work part-time and who uses donated leave part-time to care

for a family member recovering from childbirth accrues leave in his or her regular annual

and sick leave accounts for the time spent in work status and in his or her set-aside annual

and sick leave accounts when using donated leave.

Tip: An employee is not required to use advanced annual leave or advanced sick leave before

receiving donated annual leave under the leave transfer programs.

For more information, see our fact sheets on the Voluntary Leave Transfer Program and the

Voluntary Leave Bank Program.

G. Leave Without Pay

An employee may request leave without pay (LWOP) to be absent from work for purposes

related to pregnancy and childbirth. An employee may request LWOP without invoking FMLA,

even if he or she has available paid leave. Supervisors should refer to agency internal policy and

collective bargaining and/or union agreements prior to granting approval. However, agencies are

encouraged to offer leave without pay for a longer period than what is provided for under the

FMLA, to the maximum extent practicable for pregnancy and childbirth.

LWOP can be used in addition to the flexibilities that are already available, subject to agency

policy and any applicable collective bargaining agreement.

Tip: For new employees who are not yet eligible for FMLA, an agency can provide the

employee with a LWOP benefit that would mirror a FMLA benefit.

Effect of LWOP on Leave Accrual and Other Benefits

Being in a leave without pay (or unpaid leave) status affects various employee entitlements,

including the accrual of annual and sick leave. For example, when a full-time employee with an

80-hour biweekly tour of duty accumulates a total of 80 hours of nonpay status (either in one pay

period, or over the course of several pay periods), the employee will not earn annual and sick

leave in the pay period. If the employee again accumulates 80 hours of nonpay status, he or she

will again not earn leave in the pay period in which that new 80-hour total is reached.

For more information on leave without pay and the impact it has on Federal benefits, see our fact

sheets on Leave Without Pay and the Effect of Extended Leave Without Pay (LWOP) (or Other

Nonpay Status) on Federal Benefits and Programs.

H. Compensatory Time Off

Three types of compensatory time off may be earned and used: compensatory time off in lieu of

overtime pay; compensatory time off for travel; and religious compensatory time off.

Compensatory time off in lieu of overtime pay. This is time off with pay for (1) irregular or

occasional overtime work; or (2) regularly scheduled or irregular or occasional overtime work,

when permitted under agency flexible work schedule programs. It is subject to agency policy

and the premium pay limitation, and there are separate Fair Labor Standards Act (FLSA) rules

for employees who are covered (i.e., FLSA non-exempt) or not covered (i.e., FLSA exempt).

Accrued compensatory time off must generally be used by the end of the 26th pay period after

the pay period during which it was earned. One hour of compensatory time off is granted for

each hour of overtime work.

Scenario: Vivek and his wife Sunita are expecting a baby in October. Vivek works as a

FLSA exempt Budget Analyst, and it is near the end of the fiscal year. His office is short-

handed and his supervisor asks if he could work extra time to make sure they close out all

fiscal year end tasks on time. They agree that Vivek will work this time as compensatory time

that he can take off once the baby is born and have more paid time off with his new baby.

Compensatory time off for travel. This type of compensatory time may be earned by an

employee for time spent in a travel status away from the employee’s official duty station when

such time is not otherwise compensable, and be used as paid time off during an expected future

absence. There is no limitation on the amount of compensatory time off for travel an employee

may earn, but it is generally forfeited if not used by the end of the 26

pay period after the pay

period during which it is earned.

Scenario: Noor is helping with agency efforts to recruit STEM students to come work at

NASA. It is January, and she is in her first trimester of pregnancy. She is traveling a lot to

campus recruiting fairs and earning a lot of comp time for travel. She and her supervisor have

discussed how she can use this time once she gives birth because she will not have enough sick

leave to cover her full period of recovery from childbirth.

Religious compensatory time off. This authority permits an employee to rearrange work hours

to fulfill his or her religious obligations. Employees may earn and use religious compensatory

time off to the extent that doing so does not interfere with the efficient carrying out of agencies’

missions. Employees interested in earning compensatory time off should speak with their

supervisors.

Scenario: Aaron and Rachel’s son is due next month. Aaron has gotten approval to work

some religious compensatory time that he will take for his son’s “bris,” a Jewish religious

circumcision ceremony for an infant male.

For more information, see our fact sheets on compensatory time off in lieu of overtime pay,

compensatory time off for travel, and religious compensatory time off.

I. Alternative Work Schedules

Alternative Work Schedules (AWS) permit an employee to complete an 80-hour biweekly pay

period in less than 10 days. Employees have a right to request an alternative work schedule

without fear of retaliation in accordance with agency policy and any collective bargaining

agreements. These schedules enable managers and supervisors to meet their program goals

while, at the same time, helping employees to better balance work, personal, and family

responsibilities. There are two categories of Alternative Work Schedules–compressed work

schedules and flexible work schedules.

Compressed Work Schedules. These are fixed work schedules that enable full-time employees

to complete the basic 80-hour biweekly work requirement in less than 10 workdays. These

schedules must be negotiated through collective bargaining or, when not applying to a bargaining

unit, voted on by a majority of the employees to be covered by the schedule.

Example: An employee is required to work 4 days a week, 10-hours each day. This is a fixed

schedule that cannot be changed without taking leave.

Flexible Work Schedules. These are flexible work schedules that enable employees to select

and alter their work schedules to better fit their personal needs and help balance work, personal,

and family responsibilities. There are various types of flexible work schedules that provide

different degrees of flexibility within the 80-hour biweekly work requirement:

 Flexitour – employees elect start/stop times, which then become fixed.

 Gliding – employees may vary start/stop times daily.

 Variable Day – employees may vary the length of the workday.

 Variable Week – employees may vary the number of hours worked each week.

 Maxiflex – employees may work less than 10 workdays biweekly.

Credit Hours. Some agencies permit employees who work under a flexible work schedule to

earn credit hours, which can assist employees in better managing family responsibilities,

including childbirth. Based on agency policy and any applicable collective bargaining

agreement, employees may request to work additional hours to use at a later time. A total of 24

credit hours may be carried over to be used in a later pay period. For more information, see our

fact sheet on Credit Hours Under a Flexible Work Schedule.

Alternative Work Schedule Facts Related to Pregnancy and Childbirth

 Alternative Work Schedules may permit employees to work fewer than 10 days in a pay

period, freeing up a day or more for family responsibilities, medical appointments, and

bonding.

 Employees who work under Flexible Work Schedules often may adjust working hours to

accommodate medical appointments, saving earned leave for other times when needed.

 Flexible work schedules can help parents arrange work hours in line with daycare hours.

J. Telework

Telework provides employees the flexibility to better manage their work, family, and personal

responsibilities. Under an agency's telework policy, an employee may be permitted to work at

home or other worksites geographically convenient to the employee’s residence. Telework is a

valuable tool that can be used when an employee transitions back to work after the birth of a

child. Telework is often used in conjunction with paid leave during the transition period between

childbirth and the return to full time official duties.

Telework must be approved by the employee’s supervisor based on the agency telework policy

and the ability of the employee to accomplish his or her work.

Tip: It is important to remember that an employee may not care for a newborn while engaged

in the performance of official duties. However, when making a determination about telework

eligibility following childbirth, the focus should remain on the work and the ability of the

employee to perform official duties, not on the proximity of the newborn in the

home. Decisions should be made on a case-by-case basis.

Expectations to Consider in a Telework Agreement for Childbirth

Requests for telework related to an employee’s recovery from childbirth or care for a family

member recovering from childbirth and transition back to work should be accompanied by a

formal written telework agreement that spells out expectations. Such telework agreements

should, for example, outline a work schedule that indicates the days and hours of the week the

employee will be working, outline any additional requirements (e.g., technology needs) beyond

requisites laid out by law, clarify any assumptions regarding the frequency and modes of

communication (e.g., email vs. telephone, core hours for contact, or speed or expected timeframe

for returning calls and emails) and establish terms under which the agreement can be modified or

terminated.

It is important for the manager and the employee to establish a dialogue to determine whether the

employee can accomplish at least some part of his or her duties from home while caring for a

newborn. The focus should remain on the work, while striking a balance with the employee’s

caregiving responsibilities. The open dialogue should occur throughout the transition period.

Scenario: Mason’s son Mahlon was born several months ago. He and his wife have a nanny

caring for Mahlon at home each day. Mason discussed with his supervisor the fact that he has

a home office on the third floor, and that the nanny cares for the baby on the first and second

floors. So his supervisor has approved Mason to telework on Tuesdays. As a sleep deprived

young parent, Mason appreciates the extra sleep he can get on Tuesdays when he is not

commuting, and also enjoys the extra time he has to decompress after work and prepare a nice

dinner for the family on Tuesday evenings.

Telework Facts Related to Childbirth

 Telework can provide employees with valuable additional time to spend with family

members by reducing commuting time.

 Telework is not a substitute for dependent care and an employee may not care for a

newborn while working from the home or an alternative worksite. To support work

accomplishment, the employee cannot be expected to effectively accomplish work while

actively caring for a newborn.

 Telework is a valuable tool that can be used when the employee transitions back to work

following the birth of a child.

For more information, please see OPM's telework webpage at www.telework.gov.

K. Part-time Employment and Job Sharing Arrangements

Agencies are encouraged to offer part-time schedules to employees who are pregnant or have

given birth, or to care for a newborn, to the maximum extent practicable. Agencies are also

encouraged to develop job sharing programs in partnership with their unions and other

stakeholders. Furthermore, when job sharing programs are planned for organizations where

employees are represented by a labor organization with exclusive recognition, by law, agencies

must notify the union and bargain in good faith on any negotiable proposals the union submits.

Part-time

A part-time employee works between 16 and 32 hours each week (or between 32 and 64 hours a

pay period) on a prearranged schedule, and is eligible for benefits. Part-time employees are

eligible, on a prorated basis, for the same benefits as full-time employees: leave, retirement, and

health and life insurance coverage.

Scenario: Anna and her husband, Corey, have recently had their second child and now have

an infant and a toddler. Anna started back to work full time, but her schedule is too stressful.

Anna discusses her situation with her supervisor, and he approves her to work a part-time

schedule of 30 hours a week. The extra ten hours are just what Anna needs to get both

children to their respective daycares. The extra time also provides a cushion that allows Anna

to be less rushed with breastfeeding the baby.

Job Sharing

Job sharing is a form of part-time employment in which the schedules of two or more part-time

employees are arranged to cover the duties of a single full-time position. Generally, a job

sharing team means two employees at the same grade level but other arrangements are possible.

Job sharers are subject to the same personnel policies as other part-time employees. Job sharing

does not necessarily mean that each job sharer works half-time, or that the total number of hours

is 40 per week.

Tip: Employees should carefully consider all the personal issues involved in switching to a

part-time or job sharing schedule, such as a reduction in pay, increased share of health

insurance premiums, and the change in leave earnings. Although procedures for requesting

such schedules vary from agency to agency, the first step is usually to discuss the idea with the

immediate supervisor.

For more information, see our Part-time and Job Sharing fact sheet.

III. Leave and Workplace Flexibilities for Adoption and Foster Care

The Federal Government offers various leave and work scheduling flexibilities to assist

employees in meeting their work and family obligations. This chapter explains the available

leave options that can be used separately or in combination to help the employee balance his or

her work and family life for adoption and foster care.

Note: Guidance must be read in conjunction with agency and component-specific leave policies

and any applicable collective bargaining agreements.

A. Sick Leave

Sick Leave for Adoption

An employee is entitled to use sick leave when he or she must be absent from work for purposes

related to his or her adoption of a child.

Examples of such adoption-related purposes may include but are not limited to:

 Appointments with adoption agencies, social workers, and attorneys;

 Court proceedings;

 Required travel;

 Any periods of time during which the employee is ordered or required by the adoption

agency or by the court to take time off from work to care for the adopted child; and

 Any other activities necessary to allow the adoption to proceed.

Sick Leave for Care of the Child

Employees may not use sick leave to be absent from work to bond with or care for a healthy

child. There is no provision in law or regulation that permits the use of sick leave to care for a

healthy newborn, bond with a healthy child, or for other child care responsibilities. An employee

is also entitled to 12 weeks of sick leave each leave year to care for his or her adopted or foster

child with a serious health condition. For more information on the definition of serious health

condition, which has the same meaning as used in OPM's regulations for administering the

Family and Medical Leave Act of 1993 (FMLA), please see our fact sheet entitled Sick Leave to

Care for a Family Member with a Serious Health Condition. The employee may also use up to

13 days of the 12 weeks of sick leave for general family care purposes, i.e., to care for a child

who has a routine illness or to take a child to medical, dental, or optical appointments or well-

baby doctor visits. An employee is entitled to no more than a combined total of 12 weeks of sick

leave each leave year for all family care purposes.

The child must meet the definition of son or daughter for sick leave, VLTP, and VLBP purposes:

Son or daughter means:

1) A biological, adopted, step, or foster son or daughter of the employee;

2) A person who is a legal ward or was a legal ward of the employee when that

individual was a minor or required a legal guardian;

3) A person for whom the employee stands in loco parentis or stood in loco parentis

when that individual was a minor or required someone to stand in loco parentis;

4) A son or daughter, as described in paragraphs (1) through (3) of this definition, of

an employee's spouse or domestic partner.

Tip: Based on the definition of son or daughter, an employee with a domestic partner could

care for the son or daughter of his or her partner for whom the employee will stand in loco

parentis, even if the employee is not adopting or fostering the child.

Facts Related to Sick Leave for Adoption

 An employee who is fostering a child is not entitled to use sick leave for adoption-related

purposes, unless the employee is adopting the foster child.

 An employee who is accompanying a family member to activities related to the

placement of a child for adoption is not entitled to use sick leave for adoption.

Example: If the employee’s spouse or domestic partner is adopting a child, but the employee

is not adopting the child, the employee would not be entitled to use sick leave for adoption-

related purposes to accompany the spouse or domestic partner to appointments with adoption

agencies, social workers, and attorneys, even if the employee will help raise the child, because

the entitlement to sick leave for adoption is limited to purposes related to the employee's

adoption of a child.

 An employee may not use sick leave to bond with his or her healthy adopted child unless

ordered or required by the adoption agency or by the court.

 An agency may request administratively acceptable evidence for the use of sick leave for

adoption-related purposes, general family care, or care of the child if the child has a

serious health condition.

 There is no limitation on the amount of sick leave that may be used for adoption-related

purposes. Sick leave for adoption-related purposes does not count towards the 104-hour

(13 days) limit of sick leave each leave year for family care and bereavement purposes or

the overall limit of 12 weeks of sick leave each leave year for all family care purposes.

For more information, see our fact sheets on Sick Leave (General Information), Sick Leave for

Adoption, Sick Leave for Family Care and Bereavement, and Sick Leave to Care for a Family

Member with a Serious Health Condition.

B. Advanced Sick Leave

Upon an employee’s request, an employee must be granted advanced sick leave to the maximum

extent practicable, in accordance with the sick leave laws and regulations and consistent with

mission needs. An employee is eligible for a maximum of 240 hours (30 days) of advanced sick

leave for purposes related to his or her adoption of a child or to care for his or her adopted or

foster child with a serious health condition, and a maximum of 104 hours (13 days) to care for

his or her adopted or foster child with a routine illness or to take the child to medical, dental, or

optical appointments or well-baby doctor visits (if applicable). Two hundred forty (240) hours is

the maximum amount of advanced sick leave a full-time employee may have to his or her credit

at any one time. An agency may grant advanced sick leave for the same reason it grants sick

leave as specified in law and regulation, irrespective of the employee’s existing annual leave

balance.

Tip: Advanced sick leave may be especially beneficial to new employees who may have

little or no sick leave accumulated.

Repayment of Advanced Sick Leave

An employee is required to repay advanced sick leave, except in very limited circumstances—

e.g., disability retirement, or death. Therefore, an employee requesting advanced sick leave

should think carefully about whether he or she wants to incur this debt and how the debt will be

repaid. Note that generally advanced sick leave is repaid by subsequently earned sick leave, so if

an employee were to use 13 days of advanced sick leave, it would take a full year without using

another hour of sick leave to repay the sick leave debt. Because advanced sick leave must be

repaid, an agency should not advance sick leave when it is known (or reasonably expected) that

the employee will not return to duty.

For more information, including information on repayment options, see our fact sheet on

Advanced Sick Leave.

C. Annual Leave

Annual leave may be used for any purpose, subject to the right of the supervisor to approve a

time when the annual leave may be taken. Annual leave may be used for adoption or foster care

purposes, for bonding with or caring for an adopted or foster child, or other child care

responsibilities including taking the child to medical, dental, or optical appointments or well-

baby doctor visits (if applicable), or any other purpose.

Scheduling of Annual or Advanced Annual Leave

Employees have the right to request annual leave, subject to the right of the supervisor to

approve the time when the employee takes the annual leave. For adoption or foster care,

agencies are encouraged to grant annual leave to the maximum extent practicable consistent with

mission needs.

Tip: An employee has an entitlement to substitute annual leave for any unpaid FMLA leave

during any period approved under FMLA. See section E. on Family and Medical Leave.

D. Advanced Annual Leave

Advanced annual leave should be granted to the maximum extent practicable, in accordance with

annual leave laws and regulations and consistent with mission needs. An agency may advance

the amount of annual leave an employee would accrue during the remainder of the leave year.

Note that this means that the later in the leave year the employee requests advanced annual leave,

the smaller the amount that may be advanced. Agencies are advised to advance annual leave to

the maximum extent practicable for purposes related to adoption or foster care. An agency may

grant advanced annual leave for the same reasons it grants annual leave as specified in law and

regulation, irrespective of the employee’s existing annual leave balance. New employees are

eligible to receive advanced annual leave.

Tip: Advanced annual leave may be especially beneficial to new employees who may have

little or no leave accumulated.

Repayment of Advanced Annual Leave

An employee is required to repay advanced annual leave, except in very limited circumstances—

e.g., disability retirement or death. Therefore, an employee requesting advanced annual leave

should think carefully about whether he or she wants to incur this debt and how the debt will be

repaid. Because advanced annual leave must be repaid, an agency should not advance annual

leave when it is known (or reasonably expected) that the employee will not return to duty. For

more information, including information on repayment options, see our fact sheet on Advanced

Annual Leave.

E. Family and Medical Leave

Under the Family and Medical Leave Act (FMLA), Federal employees are entitled to a total of

up to 12 workweeks of unpaid leave during any 12-month period for one or more of these

purposes related to adoption and foster care:

 the placement of a son or daughter with the employee for adoption or foster care; or

 the care of a son or daughter of the employee who has a serious health condition.

Tip: An employee must have completed at least 12 months of service (not required to be

consecutive and not required to be at the same agency) as a covered Federal employee

(generally, an employee at an executive agency) in order to be entitled to FMLA leave.

However, an agency may still provide a new employee not eligible for FMLA with a FMLA-

like benefit.

An employee is entitled to FMLA leave for purposes of adoption or placement of a child with the

employee for adoption or foster care and care of the child.

Scenario: Ralph is a Federal employee working for the Department of Veterans Affairs. He

and his wife are adopting a baby from Kazakhstan. Ralph plans to use sick leave for

“activities necessary for the adoption to proceed,” including travel to and from Kazakhstan and

time spent there. When he returns home, he plans to invoke his entitlement to unpaid leave

under the FMLA and spend 12 weeks with his new daughter. His supervisor maintains it is

critical that Ralph return to work as soon as possible. May the supervisor count the time spent

in Kazakhstan towards Ralph’s 12-week entitlement?

No. Ralph is entitled to use his sick leave, independent of his FMLA entitlement, for his time

in Kazakhstan. Congress was very specific that, for Federal employees, FMLA leave is in

addition to any other paid or unpaid leave granted by the agency. Therefore, Ralph is entitled

to use his sick leave for adoption-related activities and then to invoke his entitlement to unpaid

leave under FMLA for an additional 12 weeks.

Scenario: Upon their return to the U.S., the baby spikes a high fever and is diagnosed with a

blood infection. What type of leave is Ralph now entitled to use?

Ralph is entitled to use up to 12 administrative workweeks (480 hours) of sick leave to provide

care for his daughter because of her serious health condition. In addition, he still has an

entitlement to any unused portion of the 12 weeks of unpaid leave under the FMLA to care for

his daughter because of her serious health condition.

Intermittent Use of FMLA Leave or Leave on a Reduced Leave Schedule

An employee is entitled to take FMLA leave on an intermittent basis or on a reduced leave

schedule for absences in connection with a serious health condition. A reduced leave schedule is

a special kind of intermittent leave that amounts to a change in an employee’s usual number of

working hours in a workweek or workday, in many cases reducing an employee’s full-time

schedule to a part-time schedule for the period of FMLA leave. Therefore, an employee is

entitled to take FMLA leave to care for his or her adopted or foster child if the child has a serious

health condition. Eligibility and medical certification for the serious health condition are

established only at the time the employee first invokes FMLA for a serious health condition—a

medical note is not required for each absence related to the serious health condition.

Upon mutual agreement between the agency and the employee, an employee may use FMLA

leave intermittently or on a reduced leave schedule for the placement of a son or daughter with

the employee for adoption or foster care. Agencies are encouraged to approve requests for

intermittent FMLA leave for placement of an adopted or foster child to the maximum extent

practicable. In fact, it may be to the benefit of the agency to have the employee take FMLA

leave intermittently or on a reduced leave schedule basis and return to work sooner rather than

being away from the job for the full 12-week block.

It is important for an employee to consult with his or her supervisor regarding scheduling

requests in order to minimize the impact on agency operations. In other words, employees

should schedule intermittent FMLA leave in advance and be flexible about their intermittent or

reduced work schedule in consideration of agency needs.

Scenario: Anna is a becoming a foster parent to two sisters. She is a single-mother and has no

other source of income besides her Federal job. Anna would like to take some time to bond

with her daughters but cannot afford to skip a full paycheck. How can she use intermittent

FMLA to return to work on a reduced schedule?

Anna would have to discuss her work schedule with her manager in advance to minimize the

impact of her absence on agency operations. She could use intermittent FMLA to work a

reduced schedule. For example, Anna could work 4 hours in the morning when the girls are at

school and use intermittent FMLA to take off 4 hours in the afternoon. Anna could work this

reduced schedule throughout her 12-week FMLA bonding period and would still receive a full

paycheck by substituting annual leave or advanced annual leave for unpaid intermittent FMLA

leave.

FMLA Facts Related to Adoption and Foster Care

 An employee who is accompanying a family member to activities related to the

placement of a child for adoption is not entitled to unpaid leave under FMLA.

 An employee must invoke his or her entitlement to FMLA leave—an agency may not

place an employee on FMLA leave.

 Generally, an employee may not retroactively invoke his or her entitlement to FMLA

leave. The 12-month period begins on the date an employee first takes FMLA leave for

any purpose and continues for 12 months.

 Leave may begin prior to or on the actual date of placement for adoption or foster care,

and the 12-month period begins on that date.

 An employee's entitlement to FMLA leave based on adoption or foster care expires 12

months after the placement of the child with the employee.

 An employee taking FMLA leave based on an expected placement of a child should

provide not less than 30 calendar day notice—or as much notice as is practicable if leave

is to begin sooner—to the agency of his or her intention to take FMLA leave.

 If the need for leave is not foreseeable—for example, if a child is unexpectedly available

for adoption or for emergency foster care—and the employee is unable to provide

advance notice of his or her need for leave—the leave may not be delayed or denied.

Scenario: Carol has been absent from work for the past two days and has failed to call in.

When her supervisor contacts her, she says she is invoking her entitlement to FMLA leave as

an “emergency” foster care parent. She says she never knows when the courts will contact her

to pick up a child, and she will therefore be unable to notify the agency in advance of her

schedule. May the agency deny the FMLA leave?

Yes. Even though an employee can provide notice at the last minute because of an unexpected

placement for foster care, the employee must still follow agency leave requesting procedures

and contact her supervisor to invoke her FMLA entitlement. She cannot invoke her FMLA

entitlement retroactively.

Substitution of Paid Leave under FMLA

Tip: When one hears the word “leave” generally people think that means a type of paid leave.

But did you know that FMLA leave is actually a type of leave without pay? The main purpose

of FMLA leave is to provide a period of job-protected time away from the office for

employees for certain purposes. FMLA leave ensures that an employee’s job is protected even

if he or she does not have enough paid leave to cover his or her absence.

FMLA leave is unpaid leave. However, in order to remain in a pay status during FMLA leave,

an employee may elect to substitute accrued, accumulated, or advanced annual leave or sick

leave or annual leave donated under the VLTP or VLBP, for any unpaid leave under the FMLA,

consistent with the laws and regulations for using annual and sick leave. (See section A. on Sick

Leave for Adoption of a Child, for the limitations on the use of sick leave for adoption and

family care.)

“Consistent with current laws and regulations” means that sick leave may only be substituted for

purposes necessary for an adoption to proceed or care of an adopted or foster child with a serious

health condition. Annual leave may be substituted for any period of unpaid FMLA leave.

Agencies are encouraged to grant advanced sick and advanced annual leave to an employee with

no available paid leave who has invoked FMLA so the employee can receive pay by substituting

advanced leave for unpaid FMLA leave. Donated annual leave may only be substituted for

medical emergencies (e.g., care of an adopted or foster child with a serious health condition).

Effect of Unpaid FMLA Leave on Leave Accrual and other Benefits

Being in a leave without pay (or unpaid leave) status affects various employee entitlements,

including the accrual of annual and sick leave. For example, when a full-time employee with an

80-hour biweekly tour of duty accumulates a total of 80 hours of nonpay status (either in one pay

period, or over the course of several pay periods), the employee will not earn annual and sick

leave in the pay period. If the employee again accumulates 80 hours of nonpay status, he or she

will again not earn leave in the pay period in which that new 80-hour total is reached.

Employees who will be on FMLA LWOP or other LWOP should consult our Effect of Extended

Leave Without Pay (LWOP) (or Other Nonpay Status) fact sheet for important information.

F. Leave Sharing Programs

An employee may be eligible to apply for and receive donated annual leave under an agency’s

leave sharing programs if the employee’s adopted or foster child experiences a medical

emergency and if the employee will exhaust his or her own annual and sick leave (referred to as

the employee’s “available paid leave”). There are two leave sharing programs that can be used

to care for an adopted or foster child with a medical emergency—the Voluntary Leave Transfer

Program (VLTP) and the Voluntary Leave Bank Program (VLBP).

Medical Emergency

The term medical emergency means a medical condition of either the employee or the

employee's family member that is likely to require an employee to be absent or expected to be

absent from duty for a prolonged period and to result in a substantial loss of income (expected

absence without available paid leave of at least 24 work hours for a full-time employee) because

of the employee's lack of available paid leave.

Tip: Donated leave under the VLTP and VLBP cannot be used for purposes related to the

adoption or foster placement of a child or for bonding with the child.

Scenario: One of Anna’s foster daughters will be in the hospital for two weeks to have

surgery following a serious accident. Does this qualify as a medical emergency under the

leave sharing regulations?

Yes. A medical emergency for the purposes of the leave sharing programs means a medical

condition of an employee’s family member, such as a foster or adopted child, that is likely to

require an employee’s absence from duty for a prolonged period of time (i.e., at least 24 work

hours) and to result in a substantial loss of income to the employee because of the

unavailability of paid leave.

Voluntary Leave Transfer Program

The VLTP allows an employee to donate annual leave directly to another employee who has a

personal or family medical emergency. Generally, employees receive donated annual leave under

the VLTP from other employees in their agency. However, family members are entitled to

donate annual leave to an approved leave recipient who works at another Federal agency. The

agency may allow donations from Federal employees at other agencies if it believes that the

employee may not otherwise receive enough donated annual leave to meet his or her needs.

Scenario: Anna’s sister works at the Department of Commerce and wants to donate 40 hours

of annual leave to her. A coworker has volunteered to donate 80 hours of sick leave to her.

How much leave may Anna’s sister and her coworker donate to Anna?

Sick leave may not be donated under the VLTP or VLBP. Generally, leave recipients may

receive donations of annual leave only from employees of the same agency. However, any

family member employed by another agency covered by the leave sharing programs in chapter

63 of title 5, of the United States Code is entitled to donate annual leave to a leave recipient, so

Anna may receive donated annual leave from her sister. If Anna’s agency believes she may

not receive enough donations from coworkers in her agency, it may decide to allow donations

from employees at other agencies covered by the leave sharing programs.

Voluntary Leave Bank Program

Each agency may establish a voluntary leave bank program (VLBP) under which an employee

may contribute unused annual leave for use by a leave bank member who is experiencing a

personal or family medical emergency. Agencies are strongly encouraged to establish a leave

bank program. The agency's leave bank board operates the leave bank and determines how much

donated annual leave an employee may receive from the leave bank. Any unused donated annual

leave is returned to the leave banks.

Tip: Every agency is required to have a voluntary leave transfer program. To ensure

employees are eligible for the maximum benefits possible, agencies are also encouraged to

establish a voluntary leave bank program.

Definition of Family Member for VLTP and VLBP

The definition of family member is the same for VLTP and VLBP purposes as it is for sick leave

purposes. See the definition in Section A. on Sick Leave.

Retroactive Substitution of Donated Annual Leave

Donated annual leave may be—

 Substituted retroactively by the employee for any period of leave without pay used

because of a medical emergency; or

 Used by the employee to liquidate an indebtedness incurred by the leave recipient for

advanced annual or sick leave used because of a medical emergency.

Set-Aside Accounts

While using donated annual leave, a leave recipient accrues annual and sick leave into what are

called “set-aside” accounts so that the employee has some available leave when the medical

emergency is over. An employee may accrue no more than 40 hours of annual leave and 40

hours of sick leave in set-aside accounts. The leave in these set-aside accounts will be transferred

to the employee's regular leave accounts either when the medical emergency ends or if the

employee exhausts all donated annual leave but the employee’s adopted or foster child is still

experiencing the medical emergency. Leave in set-aside accounts is not available for use by the

employee until transferred to the employee's regular leave accounts.

Scenario: How does Anna, whom we met earlier, accrue annual and sick leave while using

donated leave?

Anna may accrue up to a maximum of 40 hours of sick leave and 40 hours of annual leave in

special set-aside accounts. Annual leave and sick leave in the set-aside accounts will become

available for use after it is transferred to Anna’s regular leave accounts when the medical

emergency terminates or when she exhausts all donated leave but still needs more time to care

for her foster daughter.

Leave Sharing Facts Related to Adoption and Foster Care

 Donated annual leave may be used only for a medical emergency—e.g., any period of

illness of the adopted or foster child that will last at least 24 work hours—and may not be

used to care for a healthy child.

 There is no limit on the amount of donated annual leave a leave recipient may receive

from the leave donor(s)/bank. However, any unused donated leave must be returned to

the leave donor(s)/bank when the medical emergency ends.

 Donated annual leave may not be used for activities related to the placement of a child for

adoption or foster care purposes, to bond with or care for a healthy child, to care for a

child with a routine illness, or to take the child to medical, dental, or optical

appointments.

 An employee who returns to work part-time and who uses donated leave part-time

accrues leave in his or her regular annual and sick leave accounts for the time spent in

work status and in his or her set-aside annual and sick leave accounts when using donated

leave.

Tip: An employee is not required to use advanced annual or advanced sick leave before

receiving donated annual leave under the leave transfer programs.

For more information, see our fact sheets on the Voluntary Leave Transfer Program and the

Voluntary Leave Bank Program.

G. Leave Without Pay

An employee may request leave without pay (LWOP) to be absent from work for adoption or

foster care purposes or to bond with or care for a newly-adopted child or newly-placed foster

child. An employee may request LWOP without invoking FMLA, even if he or she has available

paid leave. Supervisors should refer to agency internal policy and negotiated bargaining union

agreements prior to approval. However, agencies are encouraged to offer leave without pay for a

longer period than what is provided for under the FMLA, to the maximum extent practicable for

pregnancy and childbirth.

Tip: For new employees who are not yet eligible for FMLA, an agency can provide the

employee with a LWOP benefit that would mirror a FMLA benefit.

Effect of LWOP on Leave Accrual and other Benefits