Tennessee Valley Authority
BENEFITS Policy Number 1
Revision Date: 06/2001
Leave
Scope
This policy outlines TVA’s procedure for approving absences from work. Also, the policy includes the procedure for handling unapproved absences. It applies to all full-time and part-time TVA employees who are paid at annual rates (indefinite, permanent, prepermanent, or temporary appointments). Members of the Board of Directors, persons paid on a fee basis, and employees paid at hourly rates are not subject to these leave provisions. Employees are excused from work without loss of pay under conditions described in Administrative Leave.
Contents
- Policy
- Definitions
- General
Provisions
3.1 Leave Accrual Periods
3.2 Pay During Leave - Annual Leave
- Sick Leave
- Administrative
Leave
- Leave Without
Pay
- Unapproved
Absence of Annual Employees from Work
- Family and
Medical Leave
- Leave Transfer
Program
- Authority
1. Policy
Since there are many different types of leave, TVA’s leave policies are outlined in the appropriate sections as indicated in Contents.
2. Definitions
Absence Without Leave (AWOL) - An absence without authorization for leave.
Accrued Leave - Leave earned by an employee during the current leave year that is unused at any given time in the leave year.
Accumulated Leave - Unused leave remaining to the credit of the employee at the beginning of a leave year.
Break in Service - One workday or more when the employee is not on the federal government employment payroll.
Contagious Disease - A disease that results in health authorities’ requirement of quarantine, isolation of the patient, or restriction of patient’s movement.
Creditable Service for Accrual of Annual Leave - All civilian and military service that could form the basis for an annuity under the Civil Service Retirement Act and comparable established federal service.
Leave - Absence from duty that is to be recorded as leave.
Leave Day - A day on which employees who are absent from work have their absence charged to leave. Leave days do not include holidays or nonwork days (except for military leave charged on these days).
Leave Held in Suspense - Accrued and accumulated leave held to the credit of employees during their absence from the service of TVA while they are on Leave Without Pay (LWOP) or other nonpay status.
Leave Without Pay - Temporary nonpay status and absence from duty granted upon an employee’s written request. LWOP is not used for periods of nonpay status required or ordered by TVA, such as suspension.
Leave Year - The period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year.
Lump Sum Payment - Payment of cash for an employee’s annual leave balance. It is calculated in accordance with the established formula, on the date of termination, death, entrance into military services, and transfer to a position within the federal government where leave is not earned.
Medical Certificate - A written statement signed by a registered practicing physician or other practitioner certifying that the incapacitated employee received an examination or treatment, or is disabled to work.
Part-time Employees - Employees whose weekly schedule is fixed in advance during specified hours of one or more days in each workweek but is less than 40 hours a week.
Regularly Scheduled Overtime - Overtime which is scheduled in advance and recurs so frequently and at such regular intervals so as to fall into a predictable and discernible pattern, and which the employee would have been required to perform had he/she been at work rather than on military or court leave.
Restored Annual Leave - Leave restored for use in the future that would have been forfeited.
Reserve Units of the Armed Forces - Reserves of the Army, Navy, Air Force, Coast Guard, Marine Corps, and the National Guards of the Army and the Air Force.
Temporary Employees - Employees appointed for an indeterminate period not to extend beyond a stated date nor to exceed one year.
Unapproved Absence - Absence that is not approved as annual leave, sick leave, other paid leave, or leave without pay granted at the employee’s request.
3.1 Leave Accrual Periods
To earn leave, an employee must be employed during a full biweekly pay period. An employee is considered to have been employed for a full period if he/she is on the payroll on all days during the pay period exclusive of holidays and nonwork day. Annual and sick leave accrue during each full pay period in which an employee is in pay status or in a combination of pay status and nonpay status. Leave is not earned during the following periods:
- LWOP while receiving compensation from the Office of Workers’ Compensation Programs (OWCP).
- Military furlough.
- Incomplete pay periods at the beginning or end of employment or after the last day in pay or work status before termination.
- Periods representing lump sum annual leave payments (Section 4.9).
3.2 Pay During Leave
Employees on annual or sick leave are paid on the basis of their straight-time schedules and pay rates. An employee classified at two or more rates simultaneously (dual or multiple classification) is paid at the permanent rate of pay. Employees who regularly work more than 8-hour days or 40-hour weeks are charged for leave and paid according to straight-time schedules and rates.
3.3 Applying for and Reporting Leave
Form TVA 6, Application for Leave, or timesheet is used for all types of leave except LWOP for more than 30 days. Form TVA 6 must be completed and forwarded to Employee Accounting for restored and donated leave. Supervisors may use the form to record the use of sick, annual or leave without pay, or they may record the leave on the timesheet or in the Automated Time Reporting (ATR) system.
Leave is recorded exactly as taken. The exact beginning and ending times are recorded in hours and minutes although leave is charged in units of one-half hour. Nonwork days that occur within a period of absence are included even though annual or sick leave is not charged for the absence.
When leave starts at the beginning of an employee’s shift or stops at the end of the shift, the beginning or ending times of the shift are used as the beginning or ending hours of the leave. For example, use 8:00 a.m. or 4:45 p.m. when the shift is from 8:00 a.m. to 4:45 p.m. When leave begins or ends during a shift, the exact time it begins or ends is used, for example, 9:35 a.m. or 3:40 p.m.
Compensatory time (time off to compensate for overtime worked by employees on a flexible schedule) is not reported as leave.
3.4 Approval of Leave
Form TVA 6 or the timesheet is approved by the supervisor who is administratively responsible for the employee’s work. In the absence of the supervisor, the form is approved by the supervisor’s superior or by the person to whom the supervisor’s administrative responsibilities have been delegated. Only one signature is required for approval of leave after it has been taken. However, the requirement for obtaining advance approval to take leave remains unchanged.
The word “manager” in the approval signature block indicates an individual who has authority by written delegation to manage the employee’s time. The person approving the leave slip or timesheet signs his/her name in the “Actual Leave Taken” section. The supervisor ensures that the employee’s leave request is covered by a sufficient leave balance and the leave slip is prepared properly.
The supervisor submits leave slips or timesheets to the appropriate payroll office as soon as possible after completion. If the employee is not available to sign the document before the time-reporting deadline, the supervisor should sign it and send it to the time-reporting office. The employee’s signature will be required at the time the employee returns to work.
3.5 Accrual Reduction Because of Nonpay Status
Employees lose one leave accrual for every 80 hours of leave without pay they receive. The leave accrual loss is reduced by 4 hours, 6 hours, or 8 hours, according to the employee’s leave-earning category. Any period covered by a refund for the value of unearned advance leave is not considered nonpay status under this section.
In the case of annual leave granted after the last day of active duty, leave balances shown on the Earnings and Deductions Statement, and furnished in biweekly leave information may be overstated by an amount credited after the last day of active duty.
3.6 Leave Charges
Leave is charged in units of one-half hour. An absence of less than one-half hour is charged as one-half hour leave or may be handled administratively. An absence of any fraction above one-half hour is charged as a full hour. Absences involving fractions on both the first and last days of a leave period are not added together, but leave for each day is charged in increments of one-half hour. When employees are charged with leave for unauthorized absences or tardiness, they should not be required to perform work for any part of the leave period charged against their account.
Part-time employees are charged leave for the same number of hours each day that the pre-established schedule shows they were expected to work. Full-time employees are charged leave on the basis of 40 straight-time hours in a workweek.
Neither annual leave nor sick leave is charged for absence from work:
- On a regularly scheduled nonwork day.
- On days treated as holidays (except when a straight-time schedule exceeds 8 hours).
- For actual travel time during transfer of official station.
- On a day of Valleywide or local significance when employees are excused from work.
If an employee dies, neither annual or sick leave is charged on the date of the employee’s death.3.7 Repayment of Advance Leave
- Retirement Benefits
If an employee is a member of the Original Benefit Structure, his or her unused sick leave may be used to compute his/her pension benefit. If it is used to determine the amount of the pension benefit, it may not be transferred or recredited to the employee’s sick leave balance if the retiree is reemployed. Retirement Services should notify Employee Accounting of the leave status of a reemployed annuitant.
- Disability
Advance leave is not refunded when an employee becomes disabled to return to work andTVA will rely on medical evidence that the disability is the basis for the separation.
- Separates from TVA.
- Retires.
- Dies.
Regulations regarding repayment of advance leave by persons entering active military service with restoration rights follow in (Section 3.13 [5]).
If the employee remains in an annual position, repayment of advance leave is made by deductions from leave accrued or by reimbursement to TVA.
Employees may make a request in writing to Employee Accounting to repay their advance sick leave with their annual leave provided:
- The annual leave would otherwise be granted during the current leave year upon request of the employee.
- The repayment is made before any of the accrued leave would be forfeited.
Time-reporting offices should submit adjusting time sheets to provide documentation of the advance leave repayment.
Employees may not repay advanced sick leave with annual leave to avoid forfeiture of the annual leave at the end of the leave year.
Employees may not repay advanced sick or advanced annual leave with compensatory time.
3.8 Recredit of Leave With Transfers Within Federal Government Furlough During and After Military Service3.9 Restoration of Leave After Reappointment or Transfer
- Transfers Between Annual and Hourly Positions
Within TVA a transfer between annual positions does not affect the employee’s leave status in any way.
- Annual Leave
Employees transferred from annual to hourly positions are paid for their annual leave in lump sums unless it is known in advance that work in the hourly positions will be temporary and employees will return to annual positions. If lump sum payment is made and the employee returns to an annual position before the lump sum period expires, he/she must refund the money and TVA recredits the employee’s leave record (Section 4.9). The lump sum payment refund and annual leave recredit would be for the unexpired lump sum payment period. To avoid a break in service, LWOP may be granted between the last day of work in the annual position and the effective date of transfer (see Leave Without Pay, Section 7).
- Sick Leave
Sick leave is recredited to eligible employees who terminate from an hourly position and are reemployed in an annual position after that termination.
Employees are eligible if:
- They did not receive a retirement annuity based on their sick leave during their break-in-service.
- If they are reemployed in the federal government on or after December 2, 1994, and the leave was not forfeited upon reemployment that occurred before December 2, 1994.
- Transfers Between TVA and Another Federal Agency
Leave is not transferred until the employee has reported for duty in the new position. An employee may be granted annual leave for a maximum of 30 calendar days, after the last day worked and immediately before the transfer to a position in another federal agency. However, the employee must present evidence of a regular offer and acceptance of the position. During this period of leave, the employee is paid regular salary at the same rate and work schedule as was paid on the last day of active work.
If an employee’s leave expires before the end of the 30-calendar days, the employee may be placed on LWOP for the remaining time. If not, the employee is terminated. An employee is also terminated:If termination occurs, the employee is paid for his/her unused annual leave in a lump sum.
- Upon request.
- When the supervisor is informed that the transfer will not take place.
- When the period of 30 calendar days expires, whichever is earlier.
The actual transfer of leave and related correspondence are handled by Employee Accounting. The following rules relate to such a transfer:
- Positions Subject to the Same Leave System--If the position in the other agency is subject to the same leave system as TVA or the transfer is from or to an annual position in TVA without a break in service, the employee’s annual and sick leave balances are transferred. The employee’s transferred leave would reflect the leave balance on the date of the transfer.
- Positions Subject to Different Leave Systems--If the position in the other agency is under a different leave system, all of the employee’s accumulated and currently accrued leave (as of the date of transfer) is transferred on an adjusted basis. For example, seven calendar days of leave (annual and/or sick) from a system administered on a calendar-day basis are credited as five workdays of leave in TVA where annual and sick leave are administered on a workday basis. Conversely, five days of TVA leave are credited as seven days of leave in the other agency.
- New Position Subject to Annual Leave but not Sick Leave--The employee’s annual leave is transferred on an adjusted basis. If only part of the annual leave can be transferred, the balance is payable in lump sum. If the employee returns to the leave system under which the subject leave was earned, a lump sum payment refund and annual leave recredit would be required for the unexpired lump sum payment period (if any).
Sick leave is held in suspense. If the employee returns to a position subject to the leave system under which the sick leave was earned on or after December 2, 1994, and the leave was not forfeited, it is credited to the employee’s account.
- New Position Subject to Sick Leave Only--The employee’s sick leave is transferred on an adjusted basis. If only part of the sick leave can be transferred to the new position, the balance is held in suspense. It is recreditable if the employee returns to the leave system under which it was earned, on or after December 2, 1994, and the leave was not forfeited.
The annual leave balance is payable in lump sum. If the employee returns to the leave system under which the subject leave was earned, a lump sum payment refund and annual leave recredit would be required for the unexpired lump sum payment period (if any).
- New Position not Subject to Leave--The releasing agency pays a lump sum for annual leave if the transfer is to an hourly position in TVA or to a position in another federal agency not subject to leave, including the following: (a) a part-time position which does not have an established tour of duty during each administrative workweek and which is not a position in the field service of the United States Postal Service; (b) a temporary position in construction work at an hourly rate of pay; and (c) a position as an officer or employee of the United States Senate or House of Representatives.
Sick leave is held in suspense. It becomes recreditable if the employee returns to the leave system under which it was earned on or after December 2, 1994, and it was not forfeited.
TVA employees who terminate for employment in another federal position to which their sick and/or annual leave cannot be transferred are paid a lump sum payment for their annual leave balance and are given a record of their sick leave balance that will be held in suspense.3.10 Restoration of Leave After Unwarranted Removals
- Sick Leave--If terminated employees have sick leave not used in computing an annuity, the leave remains recreditable to their account if they are reemployed in the federal government on or after December 2, 1994, and the leave was not forfeited. Federal service under any type of position, including hourly, is counted as service when determining if an excessive break has occurred. If the employee again occupies a position subject to sick leave, any unforfeited leave is recredited to his/her account. Forfeited leave is not recreditable.
- Annual Leave--Employees who were appointed, reappointed, or transferred to another position receive their annual leave credit provided they had no break in service. However, if the employee had a break in service of one workday or more and was paid an annual leave lump sum payment, a lump sum payment refund and annual leave recredit would be required for the unexpired lump sum payment period.
When backpay is granted for a period of unwarranted removal (termination, suspension, or furlough) as the result of an appeal or an administrative review, TVA credits the employee’s leave accrual account during the period. The time-reporting office should make a time-sheet adjustment indicating such a transaction.
Annual leave in excess of the leave-year-end maximum is credited to a separate restored leave account. If terminated, employees are credited with the leave in the account at the time of termination (see Employee Relations Manual, BACK PAY, Processing). Employee Accounting maintains the records.
3.11 Leave for Study or Training Purposes
Employees may take course(s) at local educational institutions during regular hours of work by using annual leave or LWOP with the supervisor’s approval. A statement of the course(s) to be taken and the work schedule to be followed is submitted at the beginning of each quarter or semester.
3.12 Leave for Positive Drug and Alcohol Tests
Annual and sick leave and leave without pay are available to those employees who have a confirmed positive test for drugs or alcohol consistent with the specific provisions of the testing program. An employee who has an unconfirmed positive test may be placed in a nonwork/pay status (charged to regular work accounts) without any reference to the reason for his/her unavailability for work until such time as the test results are confirmed.
3.13 Leave and Military Furlough During and After Military Service
When an employee enters active military service, the absence may be covered by a combination of leave and military furlough or by only military furlough. The coverage would be determined by the type of military service and whether the employee is a member of a reserve unit. Types of military service and the handling of leave and military furlough during the absence are described below.3.14 Leave During Period of Notice of Reduction in Force (RIF)
- Members of reserve units may use a combination of available military leave or annual leave to remain in pay status before being placed on military furlough. At the employee’s option, the employee may use annual leave before or after using military leave. However, once an employee begins using military leave, any available military leave must be exhausted before the employee can use annual leave or the employee cannot resume military leave in the same period of active duty. The earliest the employee may use military leave is the date of entry on active duty.
Nonmembers of reserve units are not entitled to military leave or annual leave concurrently with active military duty. They are placed on military furlough on the date of entry on active duty. Acceptable military service for military leave includes:- If the absence is for any of the following reasons:
- Active duty for training other than that described in 1b.
- Inactive duty training.
- Reporting to be inducted into, to enter, or to determine physical fitness to enter the armed forces, members of reserve units may use any military leave, annual leave or LWOP available to them.
LWOP may be used for any period of duty for which the employee has exhausted military and/or annual leave, or elects not to use such leave. The employee may elect to use annual leave before or after using military leave. However, once an employee begins using military leave, any available military leave must be exhausted before the employee can return to an annual leave or LWOP status, or the employee cannot resume military leave in the same period of active duty. A nonmember of a reserve unit is granted annual leave, LWOP or a combination of the two.
- Annual Leave--When members of reserve units are ordered into active military service of the types described in 1a and 2a above, they may use any military leave available to them; and
- Be granted their annual leave concurrently with the military service. If they are on annual leave or military leave at the end of the leave year, the leave-year-end maximum applies.
- Be placed on military furlough and their accumulated and accrued annual leave is held in suspense to their credit.
- Receive a lump sum payment for the leave-year-end maximum and have the remainder held to their credit, if they elect to do so.
Nonmembers of Reserve Units entering active military service of the types described in 1a and 2a may:
- Elect to have all of their accumulated and accrued annual leave held in suspense because the leave-year-end maximum is not applied until the end of the leave year.
- They may elect to receive a lump sum payment for the maximum leave payable and have the remainder held in suspense.
If members or nonmembers of reserve units elect payment in lump sum at the time they enter service, the human resource representative prepares a Form TVA 6 for the lump sum payment and mails it to Employee Accounting. If the employees elect to have their annual leave held in suspense, the lump sum is payable at any time while they are in the armed forces. To receive this payment, employees submit a completed and signed Form TVA 6 or a letter to Employee Accounting requesting payment. Any unused, restored annual leave maintained in a separate account must be paid to the employee in lump sum at the time of separation to enter active duty with the armed forces.
If employees’ leave is not restored when they are discharged and they received a lump sum payment at the time they entered service or while in service, any remainder to their credit is forfeited.
If they did not receive a lump sum payment, they are paid the leave-year-end maximum in lump sum and the remainder is forfeited.
Any annual leave remaining to the credit of employees who die while in military service is paid in lump sum to their beneficiary or estate upon presentation of the proper claim to Employee Accounting.
Annual leave, which is held in suspense, is paid:The lump sum payment is computed at the rate in effect on the day prior to the first day of military furlough.
- At the employee’s request.
- Upon death in military service.
- Upon separation from TVA, if the employee is not restored when discharged from the military unit.
- Sick Leave--Is held in suspense while employees are in military service. It may not be substituted for annual leave or LWOP while the employee is in military service. It is reestablished to the employee’s account upon restoration or upon reemployment in a position subject to leave.
- Advance Leave--Employees indebted to TVA for advance leave at the time they enter military service are not required to refund the amount. The indebtedness is held in suspense. If they are reinstated in a TVA position or another federal position subject to leave, they are charged with the advance leave. If an employee does not return to TVA or another agency upon completion of military service, the employee is billed for any advance leave.
- Military Furlough--For members of reserve units who take military and/or annual leave concurrently with their military service, the furlough begins on the day following expiration of the military and/or annual leave. If neither military nor annual leave is taken, the furlough begins on the first day of active duty. For a nonmember of a reserve unit, the furlough begins on the first day of active duty.
A military furlough is not granted or continued beyond the end of the applicable period during which the employee is eligible to apply for restoration as described in Employee Relations Manual, RESTORATION, Military Duty.
Usually employees are retained in work status during a RIF notice. If it is not possible to carry them in work status during the notice period, they may be placed on annual leave with or without their consent. The employing organization may also elect to place the employee in a nonwork pay status during the notice period.
In an emergency when neither work nor annual leave is available, an employee may be placed in nonpay leave status for all or part of the notice period.
Accumulated and accrued annual leave is paid in a lump sum at the end of the notice period. If the employee accepts an hourly position before the end of the notice period or requests earlier termination, a lump sum is paid upon transfer or termination.
3.15 Leave During Suspension or Notice of Discharge
Suspension is the removal of an employee from work and pay status without his/her consent.
Suspensions may be used:If suspension is for nondisciplinary reasons or during a notice of discharge, annual leave is granted at the employee’s request unless the situation involves the possibility of financial obligation by the employee to the federal government.
- During an investigation.
- For disciplinary reasons.
- To protect the health of the employee or the interests of the government, other employees, or the public.
In a suspension required for medical reasons, sick leave is granted at the employee’s request. Sick leave is granted for sickness occurring during a period of annual leave that was granted during a suspension.
In a discharge while the employee is on active duty, the employee may be granted sick leave through, but not after, the termination date set in the notice of discharge.
A period of suspension for disciplinary reasons is not considered creditable service.
3.16 Reimbursement for Leave
In certain cases employees have reason to reimburse TVA for leave taken, for example:
- To repay advance leave taken. Repayment should be made at the pay rate in effect at the time leave was taken.
- To repay TVA for leave taken during a time for which the employee received compensation from the Office of Workers’ Compensation for temporary or permanent total disability, see Employee Relations Manual, Pay, Policy Number 1, DUAL PAY.
4.1 Granting Annual Leave
Annual leave is provided by law as a benefit to federal employees and it accrues automatically. However, supervisors have the responsibility to decide when the leave may be taken. Administrative needs and work requirements of TVA will be considered before approval is granted. Supervisors may want to tentatively schedule vacations for an entire year to stagger periods of leave and to ensure that work requirements will be met. Supervisors should ensure that annual leave is scheduled for use to prevent any unintended loss at the end of the leave year.4.2 Accrual/Accumulation of Annual Leave
- Using Annual Leave Because Sick Leave is Unavailable
When a sick employee requests annual leave because sick leave is not available, TVA may require the employee to present acceptable evidence of incapacitation to the supervisor. The same procedure used for sick leave application is used for annual leave application in this case.
- Disabled Veterans
Annual leave must be granted to a disabled veteran upon request when such leave is necessary for the veteran to receive medical treatment. TVA requires documentation from a duly constituted medical authority that treatment is required. Also, the employee must provide advance notice of the duration of such absence for treatment (Executive Order No. 5396, dated July 17, 1930).
- Required Annual Leave
An employee may be required to take annual leave (including advance annual leave) whenever TVA determines it is necessary for administrative reasons. Examples of administrative reasons are: a lack of work or severe weather conditions that prevent effective work performance. In such instances the employee may request and be granted LWOP instead of annual leave, Employee Relations Manual, WORK SCHEDULES, Annual Employees. Managers should consult with Human Resources Information Services and Labor Relations and Safety before they require an employee to take annual leave.
- Ninety Days or Longer Appointments
Employees whose appointments are for 90 days or longer will earn leave beginning with their first full biweekly pay period. Leave earned during any pay period may not be taken and is not credited to the employee’s account until after the end of that pay period.
- Less Than Ninety-Days Appointments
Employees whose current appointments are for less than 90 days are not entitled to annual leave. If an appointment is extended for more than 90 days, leave accrual is retroactive to the beginning of the temporary appointment after a total of 90 days of service is completed.
Annual leave may not be substituted at any time for LWOP taken during an appointment for less than 90 days. This applies even though at the time of employment an employee has prior service which is creditable. (Leave accrued under a previous employment, which is recredited after refund of a lump sum payment, may be taken at any time.)
Insofar as practical, employees are granted annual leave to attend observances of established holy days of their faith; for example, Good Friday and Yom Kippur. If annual leave is not available, LWOP may be granted.
- Creditable Service
Employees accrue annual leave on the basis of their creditable federal service. All service that could form the basis for an annuity under the Civil Service Retirement Act or the Federal Employees’ Retirement Act and comparable established federal service is considered creditable in determining the rate of leave accrual.
Creditable service includes:
- All civilian service in the executive, judicial, and legislative branches of the federal government and in the District of Columbia government.
- Up to three years of LWOP while serving with an international organization, if employee receives restoration rights.
- Service on and after January 1, 1969, as an employee of the Army or Air Force as a National Guard technician; also, any prior service credited as of January 1969 for leave purposes. If before January 1, 1969, a technician was covered by a state employee retirement plan and elected to remain covered under that plan, such service after January 1, 1969, is not creditable.
- All honorable active military service, including active duty periods of reservists when called to attend training camps or cruises except for retired members of the uniformed services. Periods of lost time in military service do not constitute active service and may not be credited. From 1950-1979, lost time was recorded on DD Form 214 as “____ days lost under Uniform Code of Military Justice, Article 86” or as “____ days AWOL.“ Since 1979, lost time has been subtracted from the period of service listed on the DD Form 214, and the form shows only “good time.”
- If the employee is receiving retirement pay (which employee does not waive) from the uniformed services, the employee receives credit for: Only the active service performed during any war or in any campaign or expedition for which a campaign badge has been authorized. However, if the employee meets one or more of the following conditions, all active service is counted.
- The employee’s retirement was based on disability caused from injury or disease received in the line of duty as a direct result of an armed conflict.
- The employee’s retirement was based on disability caused by an instrumentality of war and was incurred in the line of duty during a period of war (as defined in Sections 101 and 301 of Title 38, U.S. Code).
- On November 30, 1964, the employee was employed in a civilian office subject to the Leave Act of 1951, and on and after such date-continued to be employed in such an office without a break in service of more than 30 days.
- Reduction in Retiree’s Leave Accrual
Employees who retire from the uniformed services and do not meet one or more of the conditions above, may have a reduction in their rate of leave accrual. After the date of retirement, only the employee’s civilian service and any active military service performed during any war or in any campaign or expedition for which a campaign badge has been authorized are counted for leave accrual purposes.
Employees or employee-annuitants who are receiving military retired pay that excludes credit for military service as explained above may elect to waive the retired pay and have their military service added to their civilian service.
In most instances, the employee’s creditable service for leave and reduction in force will be the same because his/her prior federal service will be creditable for both purposes. The dates will differ, however, when:
In the first case, the employee’s active duty service is creditable for RIF purposes but not for leave purposes. In the second case, the amount of service credited for each purpose will vary according to the rank at which the individual retired and the circumstances of his/her retirement. The dates also will differ when a period of civilian service is creditable for one purpose-leave or RIF-but not for the other.
- The employee’s prior service includes active military service that was not terminated honorably, or
- The employee is a military retiree.
During the employment process with human resource representatives, the representatives should verify dates claimed on Form TVA 8028, Affidavit as to Federal Service for Leave Purposes, for creditable service. Form TVA 8028 is certified for correctness and entered into the Human Resource Information System for credit of assigned days. Employee Accounting furnishes the number of creditable service days to be used for leave accrual purposes by accessing the Human Resource Information System. Employee Accounting will adjust leave balances accordingly after creditable service dates are received.
Form TVA 8028 is entered in the employee’s Personal History Record and the employee is sent a copy of the completed form.
If the employee provides information to support a claim for service which was disallowed, the information should be sent to Employee Accounting for consideration. If the employee files an amended Form TVA 8028 claiming service that was previously omitted, the service for leave purposes will be considered for adjustment retroactive to the beginning of the current leave year.
- Rate of Accrual
Full-time annual employees accrue annual leave for each full pay period as shown below. No leave is accrued for fractional parts of a pay period either at the beginning or end of an employee’s period of service.The hours of annual leave earned each pay period are shown on the employee’s Form TVA 379, Earnings and Deductions Statement.
Leave
CategoryYears of
Creditable ServiceLeave Accrued for Each
Full Biweekly Pay PeriodLeave Accrued
Each Year4 Less than 3 4 hours 13 days 6 3 but less than 15 6 hours (10 hours
for last complete pay
period in calendar year)20 days 8 15 or more 8 hours 26 days
Part-time employees accrue annual leave as follows:
Leave
CategoryYears of
Creditable ServiceLeave Accrued 4 Less than 3 1 hour for each 20 hours in pay status 6 3 but less than 15 1 hour for each 13 hours in pay status 8 15 or more 1 hour for each 10 hours in pay status - Overtime
Any hours in pay status in excess of 8 in any 24-hour period or in excess of 40 in a work week are disregarded in computing leave accrual unless an approved alternate work schedule is in place. However, the remaining hours are carried over for credit in the next pay period. The minimum leave credit is one hour; additional credits are in full hours.
Normally, the maximum amount of accumulated annual leave, which may be carried forward from one year to the next, is 240 hours (30 days), or 360 hours (45 days) for employees stationed outside the United States. However, if an employee accumulates leave in excess of the above under previous laws, the employee may retain the excess leave until it is used.
When an employee is eligible to have more than 240 hours of annual leave transferred to TVA, the human resource representative records the information on the employee’s leave affidavit. The notation also should state the reason, for example, “transferring from the Senior Executive Service Schedule.”
4.3 Application for and Approval of Annual Leave
Application for annual leave is made in advance and is subject to the supervisor’s approval. Permission to be absent for a full shift or longer is requested not later than the end of the previous workday. Employees who are unable to report for work at the beginning of their scheduled shift must immediately notify their supervisor to avoid being charged with absence without leave.
There are certain circumstances under which definite restrictions are placed on granting annual leave that can be paid in a lump sum. These are explained in Section 4.9.
4.4 Advance Annual Leave
- Granting Advance Annual Leave
Granting advance annual leave is an administrative decision. Except in case of an emergency or when advantageous to TVA, advance annual leave should not be granted. When there is justification for granting advance leave, it is granted only for the time required for the emergency.
The supervisor coordinates the request with the appropriate human resource officer who notifies Employee Accounting. The supervisor approves Form TVA 6C, Approval of Administrative Leave, and retains it for record purposes.
Advance leave is not available for use until the approval process is complete. An absence will be recorded as LWOP until advance leave is approved. Upon approval of Form TVA 6C, the employee and the supervisor will process a leave slip in the normal way for the total period requested.
If the supervisor decides to advance leave, the employee must meet the following criteria:The maximum amount of annual leave which may be advanced is the lesser of the following options:
- An employee’s current appointment must be for 90 days or longer in an annual position.
- The employment in the annual position is expected to continue long enough for the employee to pay back the borrowed leave.
- Advance leave may not be granted if it is known that the employee will not return to duty.
- The total amount of annual leave the employee will accrue during the remainder of the leave year.
- The total amount of annual leave the employee will accrue during his/her appointment.
- If employees who terminate or transfer to an hourly position are indebted for advance leave, they refund TVA by deductions from their salary or from any credit they have in the TVA retirement fund, or by reimbursement. Advanced leave is refunded at the pay rate that was effective when the advance leave was taken.
4.5 Restored Annual Leave
Annual leave that would otherwise be automatically forfeited at the end of the leave year must be restored if any of the following situations occur:All restored leave to be taken must be applied for and approved by using Form TVA 6.
- The leave was formally scheduled and approved in writing at least six weeks (three pay periods) before the end of the leave year. This provision must be met before forfeited leave is considered for restoration.
- A significant operational demand occurred and the scheduled leave had to be canceled and operational requirements prevented the rescheduling of this leave before the end of the leave year.
- Sickness, injury, or medical reasons for which sick leave was granted prevented the rescheduling of the leave before the end of the leave year.
- An administrative error occurred, which caused the forfeited leave.
The amount of restored leave does not increase or change an employee’s normal maximum ceiling of annual leave that is carried over into a new leave year.
4.6 Documentation and Approval Required to Restore Annual Leave
Requests to restore leave must be approved by the executive president, senior vice president, or vice president. In order to meet documentation requirements, the scheduling and, as necessary, rescheduling of the annual leave must be in writing. (For this purpose, Form TVA 6 may be used to document the actions, supplemented as required below.)
4.7 Use of Restored Leave
- How to Restore Leave
If the reason for canceling the leave is an operational demand, written documentation of the cancellation and that the work could not be reassigned must be prepared. The documentation must show that the leave was rescheduled.
If the request for restored leave is approved, the executive president, senior vice president, or vice president sends a memorandum to Employee Accounting by January 31 immediately following the end of the leave year. The officers may assign the approval responsibility to their direct reports. However, Employee Accounting should be notified in writing of each assignment. The memorandum must contain the following information:
The organization must retain the documentation until the restored leave has been used or for the two-year time limit.
- Employee’s name, social security number, payroll group number, number of forfeited leave hours to be restored, date the leave was forfeited, and an explanation for approving restoration of leave.
- The calendar date leave was scheduled and approved by the official having authority to approve leave.
- The dates during which the leave was scheduled for actual use and the number of hours scheduled for use.
- Reason for canceling approved leave, if due to an operational demand, documentation must include the beginning and ending dates of the emergency period and a copy of the memorandum described at the beginning of this section.
- The calendar date or dates the canceled leave was rescheduled for use.
- The dates during which the leave was rescheduled for use and the number of hours that were rescheduled for use.
In case of separation or when an employee enters active duty in the armed forces, any unused restored leave is included in a lump sum payment and documentation is attached to Form TVA 6.
- Restored annual leave must be taken within two years after the operational demand period ends.
- The date the employee is able to return to duty, in the case of sickness.
- The date forfeited leave is restored because of administrative error.
If the restored leave is not taken within the two-year period, the leave will be forfeited. Employees separating or entering active duty in the armed forces are paid a lump sum for any restored leave still available.
Restored leave may be scheduled for use at any time before the end of the two-year limit. Supervisors should consider such factors as the amount of restored leave and the need to schedule regular leave to avoid forfeiture. If restored leave is not used within the specified two-year time limit, it is forfeited the same as any other annual leave and no payment is authorized for it except for separations and for active duty entry into the armed forces.
When an employee is scheduled to use restored annual leave, it must be clearly identified on a Form TVA 6 and on the biweekly time report; the annual leave recorded should be followed by the letters “RL” (Restored Leave) which will be charged to a separate account maintained by Employee Accounting. Failure to send Employee Accounting a copy of the Form TVA 6 will result in the leave being charged to accrued annual leave for the current leave year.
Restored annual leave included in a lump-sum payment is not subject to refund of the lump sum payment and may not be recredited if the employee is reemployed before the expiration of the lump sum period. Regular annual leave, however, is subject to refund and recredit on reemployment within the time covered by the lump sum payment up to the maximum amount the employee was permitted to carry over into the leave year of separation.
4.8 Payment to Employees Called in from Annual Leave
- Trades & Labor
When trades & labor annual employees are recalled from annual leave without a 24-hour advance notice and are required to work within their regularly scheduled shift, they are paid as follows:
- If the time worked within their shift is 2-3/4 hours or less, leave is charged for the full scheduled shift. If the entire work period is within the shift schedule, 4 hours of straight-time premium rate are paid. If part of the work period is outside the shift schedule, call-time provisions are applied for the entire period work.
- If the total time worked within their shift is more than 2-3/4 hours, they are paid the regular premium rate for the actual hours worked within the shift and leave is not charged for the period worked. All time worked outside the shift is paid at the applicable overtime rate.
- When required to work totally outside their regularly scheduled shift, employees are paid in accordance with applicable call-time provisions.
- Salary Policy
Leave is stopped for the work period when a salary policy employee on an inflexible work schedule is recalled from annual leave without a 24-hour advance notice. The employee receives pay at the applicable premium rate for the hours worked within the regular shift for which the 24-hour notice was not given. In no case will the employee receive less than the equivalent of 4 hours of straight-time pay for the time worked. Except when minimum pay is due, the premium rate referred to is equal to the difference between straight-time and overtime pay; it is in addition to the employee’s regular pay. If holiday or overtime pay applies, the premium does not apply.
4.9 Lump Sum Payment of Annual Leave
- A lump sum payment for annual leave is made the pay period following the one in which an employee:
- Resigns, dies, or is terminated for other reasons.
- Transfers to an hourly job in TVA.
- Transfers to another federal position not subject to leave.
- Requests payment for leave upon entering active duty in the armed forces. Any unused restored leave must be liquidated by lump sum payment at the time of separation to enter active military duty.
- Requests payment for annual leave upon entering service with an international organization.
- Leave that can be paid in a lump sum includes:
The lump sum payment never includes accrual of leave for any part of the lump sum period.
- The maximum balance of annual leave carried over from the previous leave year.
- Accrued and unused annual leave during the current leave year.
- Any unused restored annual leave maintained in a separate restored leave account.
If an employee dies, the designated beneficiary, or survivors in a specified order of precedence, are entitled to the lump sum payment when a valid claim is received, Employee Relations Manual, BENEFICIARY, Designation.- Annual leave that can be paid in a lump sum may be granted to the following employees leaving TVA service:
- Reserve members of the armed forces before they are placed on military furlough (Section 3.13).
- Employees transferring to positions in other federal agencies not subject to leave.
- Upon supervisors’ approval, employees who are terminating, retiring, or transferring to a position not subject to leave may be granted annual leave between the last day of active duty and the effective date of the termination, retirement, or transfer.
- An employee who is given notice of termination and is not retained in active service until the end of the notice may be granted annual leave or LWOP during the period of notice. The employee may request to be terminated before the end of the notice.
- Ending action on an employee’s application for disability retirement, annual leave may be granted through the pay period in which notice is received that the employee is to be retired.
- Annual leave may be granted immediately before termination for retirement when circumstances deem it administratively desirable in the interest of TVA.
4.10 Determining Amount of Lump Sum Payment for Annual Leave
Employee Accounting will compute lump sum payments. Questions should be referred to them.
Preparation of Forms for Lump Sum Record.
In each case of termination or transfer to a position not subject to leave, the human resource officer immediately prepares Form TVA 6 and the personnel action document showing the effective date of termination or transfer and the last day the employee worked. Employee Accounting will prepare lump sum payments of annual leave.
In the event of military service, the supervisor requests and prepares Form TVA 3031, Employee Service Report, showing the date of entrance in military service and the first day of LWOP or military furlough, and Form TVA 6 to cover any lump sum payment.
4.11 Retroactive Payment of Lump Sum Payments to Cover a Mistake
If TVA makes a mistake in computing a terminated employee’s lump sum payment or is negligent or misunderstands the information presented, TVA will pay the unpaid balance. But if TVA’s failure to pay the full benefit is due to the employee’s negligence, TVA will not pay the unpaid balance. For example, if an employee was entitled to convert annual leave or LWOP into sick leave but did not properly report it until after termination, no payment is allowed.
4.12 Recredit of Leave Following Lump Sum Payment
A former federal employee will be recredited with annual leave after he or she makes repayment of the lump sum. To qualify, the employee must present to their human resource representative a signed statement verifying:The hiring human resource representative should inform the employee of this requirement for annual leave repayment and notify Employee Accounting. Employee Accounting will contact the employee to arrange for the repayment.
- Their annual salary rate on their termination date.
- Their date of termination.
- That he/she received lump sum payment.
- The exact number of accumulated and accrued hours
Restored annual leave included in the lump sum payment is not subject to refund and recredit if the employee is reemployed before the expiration date of the lump sum period. Regular annual leave is subject to refund and recredit if the former employee is reemployed before the lump sum payment period expires. If the break in service exceeds the length of time covered by the lump sum leave payment, no refund of the leave payment or recredit of the leave is required. For example, if a former employee receives a lump sum payment for leave for six weeks and is reemployed after four weeks, the employee refunds TVA for two weeks of annual leave payments.
4.13 Leave Substitution
- Sickness during annual leave
When sickness occurs within a period of annual leave, an employee may be granted sick leave for the period, if application for the substitution is received within two days after the employee returns to duty (Section 5.5).
- Annual leave in lieu of sick leave
An approved absence, which would normally be chargeable to sick leave, may be charged to annual leave when requested by the employee and approved by the supervisor.
- Substitution of annual leave for sick leave
In the case of advance sick leave, annual leave may be substituted retroactively for sick leave to liquidate an indebtedness to TVA or another agency of the United States government. Such a substitution is not authorized if it is for the purpose of avoiding forfeiture of annual leave. A request for substitution may be accepted for the maximum numbers of leave hours remaining in the leave year.
5.1 Granting Sick Leave
Purpose--Sick leave is for use when an employee is physically incapacitated to do his/her job. Also, employees may use sick leave:For more details on Leave for family reasons, (Section 7.14, Family and Medical Leave).
- For absence because an employee is exposed to a contagious disease that would endanger the health of coworkers.
- To care for ill family members.
- For dental, optical, or medical examinations or treatments.
- To adopt children.
- For family bereavement activities.
TVA has the authority and responsibility to determine that the employee’s illness was such as to incapacitate the employee and that the other reasons for which sick leave is granted are true. Supervisors may require certification to verify all of the above reasons for sick leave usage.
A supervisor may require an employee to report to a TVA medical office for evaluation or counseling should there be an indication of physical disability to perform any regularly assigned duties. The medical office will consult with the employee’s attending physician to resolve any questions about the physical ability of the employee to continue to perform any or all assigned duties.
If the employee or physician certification is not provided when requested, the absence must be charged to annual leave or LWOP (if requested by the employee).
An employee injured in the line of duty may choose continuation of pay, sick or annual leave, or LWOP. However, an employee paid by Office of Workers’ Compensation Programs (OWCP) cannot use sick or annual leave during the period of payments. Annual employees receiving service-connected injuries that necessitate the loss of time from duty are allowed the time required for the initial treatment of the injury including regularly scheduled overtime.
Sick leave is ordinarily not granted after the last day of active work; however, it may be granted under the conditions described below if:If the employee is to be terminated in a RIF and becomes ill or injured in the performance of his/her duty, sick leave is granted.
- While on active duty employee gives notice of resignation with a definite date set to end active duty-the employee becomes ill and cannot work on that day. The sick leave taken up to and including that day is granted.
- While on annual leave immediately following a period of sick leave employee gives notice of resignation--the sick leave taken before beginning the period of annual leave is granted.
- Is being terminated for a reason other than RIF--the employee may be granted sick leave through, but not after, the date of termination set in the notice of proposed action.
- While on sick leave employee gives notice of resignation and does not return to duty--sick leave is granted in accordance with usual provisions for granting sick leave. The effective date is the date indicated to the supervisor who accepts the resignation. However, there are two exceptions (see * below).
- Employee has died after a period of sickness or injury without using accrued and accumulated sick leave--sick leave may be granted retroactively after the date of death, if conditions justify and are in accordance with applicable sick leave regulations.
If an employee submits a written resignation to avoid termination because he/she is unable to work because of ill health or incapacitation, sick leave may be granted. The resignation must include a sick leave application and acceptable certification from a physician.
In situations described below, termination may be delayed to grant sick leave (not annual leave or LWOP) if evidence of incapacity is furnished.
Sick leave may be granted as long as the incapacitation continues and sick leave is available. No additional annual leave or LWOP is granted after the proposed termination date. Employees may be placed on sick leave if the:5.2 Accrual/Accumulation of Sick Leave
- Employee is to be terminated in a RIF and becomes ill or injured before the proposed effective date of termination.
- *Employee submits a written resignation to avoid termination because he or she is ill and unable to work. Sick leave is granted if the resignation is accompanied by an application for sick leave and acceptable certification by a physician.
- *Employee submits a written resignation to avoid termination because of medical constraints applied by TVA Health and Safety. In this situation, only the original application for sick leave is required. A sick leave certificate is not required nor is an additional Form TVA 6 at the end of each pay period.
Full-time Employees--Full-time annual employees accrue sick leave at the rate of 4 hours for each full biweekly pay period or 13 days each year. No leave is accrued for fractional parts of a pay period either at the beginning or end of an employee’s period of service.
Part-time Employees--Part-time annual employees accrue one hour of sick leave for each 20 hours in pay status. However, any hours of pay status in excess of 8 in any 24-hour period or in excess of 40 in any workweek are disregarded in computing leave accrual. The minimum credit is 1 hour.
Unused sick leave accumulates without limit and is available for use in subsequent years. Also accumulated sick leave may be used to determine an employee’s creditable service for retirement benefits calculated under the provisions of the Original Benefit Structure.
5.3 Application for Sick Leave
Sickness, Injury, or Contagious Diseases--Application for sick leave is made by requesting leave from the supervisor as early as practical on the first day of absence. The supervisor prepares Form TVA 6 by filling out the upper portion of the form and omitting the leave ending date. The employee’s signature is obtained as soon as he/she returns to work.
For sick leave absences, the employee must provide a completed employee’s certificate and/or a completed physician’s certificate (on the back of Form TVA 6) or other acceptable evidence of incapacitation, if requested by the supervisor. If the physician’s certificate is requested, it must be provided within 10 workdays after returning to duty.
The supervisor’s signature on the upper portion of the form is approval to charge the absence to sick leave. If evidence of incapacitation is requested and is not received, the supervisor may charge the absence to some other type of leave or record it as unapproved and adjust the time reports accordingly. As a condition for granting or continuing sick leave, the supervisor may at any time require that the employee be examined by a TVA physician or a physician designated by TVA Health and Safety for the purpose of verifying the employee’s incapacity to work.
When sickness occurs within a period of annual leave or LWOP and is to be charged as sick leave, application for the substitution of sick leave for annual leave or LWOP for the period of sickness must be made within two days after return to work, and Form TVA 6 for sick leave must be completed by the following pay period. For the annual leave or LWOP period, the form shows the actual time chargeable to annual leave or LWOP with notation that a separate Form TVA 6 has been prepared for the intervening sick leave.
Medical, Dental, or Optical Examination or Treatment--Application for sick leave for medical, dental, or optical examination or treatment is made in advance if the need for such an examination or treatment can be anticipated.
The necessary travel time may be included in the period of leave if employees desire or require examination or treatment away from their official station. Travel time reported is the actual time required, but may not exceed the time required to travel by the quickest, most direct, and usually traveled route to and from the location where the examination or treatment is performed. It includes a reasonable amount of time before and after examination or treatment to make connections in accordance with established transportation schedules. (Annual leave may be granted within such a period of sick leave.)
Each supervisor should establish guidelines for allowing travel time in connection with sick leave taken for examination or treatment and inform employees of such policies.
5.4 Granting Advance Sick Leave
Sick leave is advanced for cases of serious illness or injury provided employment in an annual position is expected to continue long enough for the leave to be paid back. It is also granted for employees to qualify for use of sick leave for family reasons (illnesses, bereavements, etc.). Advance leave is not granted when it is known that the employee will not return to duty. Advance sick leave may be granted to an employee regardless of whether the employee has annual leave available to take.
An employee with an indefinite, permanent, or prepermanent appointment who has used all accrued sick leave may be advanced a maximum of 30 workdays of sick leave.
An employee with a temporary appointment may be advanced sick leave under the same condition as described above.5.5 Sickness Occurring Within or Following a Period of Annual Leave
- Procedure
If an employee uses all available leave and returns to work but is required by their doctor to work part of each day, the employee may use Leave Without Pay.
- Repayment of Advance Leave--See Section 3.7.
- Granting Advance Sick Leave Advanced in Case of Service-Connected Injury
An employee may elect to take advance sick leave instead of Workers Compensation benefits for a service-connected injury. The supervisor tells the employee that if after recovery and return to work he/she resigns or is terminated before the amount of advance sick leave has been earned, the unearned portion of the advance sick leave must be refunded to TVA (at the rate in effect at the time of the injury).
- Not Granting Advance Sick Leave
When an employee applies for advance sick leave and the circumstances do not justify granting it, the absence is charged as annual leave unless the employee requests LWOP. Such annual leave or LWOP may not be converted into sick leave.
When sickness of at least one full leave day occurs within a period of annual leave, the annual leave may be changed to sick leave to cover the time period the employee was ill. Supervisors should complete Form TVA 6 or timesheet to show the actual time charged as annual leave with a notation that a separate Form TVA 6 has been prepared for the intervening sick leave.
An exception to this regulation is: Sick leave is not available for sickness which begins after an employee’s termination date even though the employee is on annual leave at the time.
5.6 Sickness Occurring Within or Following a Period of LWOP
LWOP of Not More Than 30 Calendar Days--When an employee is sick for at least one full leave day that occurs within a period of LWOP of not more than 30 calendar days, the period of sickness may be converted into sick leave upon the employee’s return to duty. Form TVA 6 or timesheet shows the actual time chargeable as LWOP with a notation that a separate Form TVA 6 has been prepared for the intervening sick leave.
A period of sickness of at least one full leave day following a period of LWOP of a maximum of 30 days may be charged as sick leave if the supervisor is notified on the first day of sickness or as soon thereafter as possible.
LWOP of More Than 30 Calendar Days--Sick leave may not be substituted for LWOP if sickness occurs within a period of LWOP for more than 30 calendar days or any period of LWOP for military service.
5.7 Return to Duty After Sick Leave
Immediately upon completion of a period of sick leave, an employee reports directly to the supervisor unless other leave has been granted following the sick leave. If the supervisor wants the approval of TVA Health and Safety before permitting the employee to go to work, the supervisor sends the employee with a completed Form TVA 1444, Request for Medical Examination, to TVA Health and Safety.
If the employee is not approved for work, sick leave may continue until approval is received or the supervisor is otherwise satisfied to let the employee go to work. For veterans who are not approved to return to work, when the employee reports for duty after a period of sick leave, certain procedures must be followed to continue to hold the employee off duty. Contact the human resource representative or OGC for details. When the medical office approves an employee for work, Form TVA 1444 or Form 95, Medical Evaluation of Ability to Work Following Job-Related Injury or Illness, is given to the employee to be given to the supervisor. (TVA Health and Safety initiates Form TVA 95.) Supervisors do not attach Form TVA 1444 or Form TVA 95 to Form TVA 6 or timesheet, but retains it for future reference.
The supervisor determines when sick leave ends. If it is ended at the close of the last scheduled workday before the employee reports back to work, that date and the time of the close of the shift are shown on Form TVA 6 or timesheet. If it is ended on the day the employee reports directly to the supervisor, the supervisor enters the date, hour, and minute the employee reported, even if the employee is sent to the medical office.
The employee signs Form TVA 6 or timesheet as soon as possible after return to duty. The supervisor forwards the completed Form TVA 6 at once to the time-reporting office.
5.8 Certified Statements for Sick Leave
Statements for certifying to the necessity of the absence and to the incapacitation of the employee during periods of absence for sick leave are provided on the back of Form TVA 6.
For any sick leave absence, the supervisor may at his/her discretion require the employee to provide a completed employee’s certificate and/or physician’s certificate (on the back of Form TVA 6) or other acceptable evidence of incapacitation. If the physician’s certificate is requested, it must be provided within 10 workdays after the employee returns to duty. The supervisor’s policy regarding when and under what circumstances certification will be required should be stated in advance and applied on a consistent basis to all employees for whom the supervisor is administratively responsible.
Contagious Disease--An employee’s absence from duty must be supported by a certificate from the attending physician or the public health authority having jurisdiction as outlined below:Resignation Because of Ill Health--When an employee resigns because of ill health, a certificate for sick leave is submitted at the end of the period of incapacitation or at the expiration of the sick leave granted, whichever occurs first. Final payment is not made by TVA until the certificate is received.
- When an employee’s household or immediate family member has a quarantinable, contagious disease and requires the employee’s care, the certificate must document who is ill and specify the disease. Employees must furnish the physician’s signed statement of the circumstances that required their presence at home or in the hospital.
- When employees have been exposed to a quarantinable, contagious disease and their presence at work would jeopardize the health of others. TVA Health and Safety, with the advice of the public health agency with jurisdiction, determines when employees may return to work.
Termination Because of RIF--If an employee receives a termination notice because of a RIF and requests sick leave that extends beyond the date of termination, he/she submits a certificate for sick leave, at the end of each pay period during the sick leave to his/her supervisor. The paycheck for the period is not released to the employee until the certificate is received.
5.9 Sick Leave Held in Suspense
Sick leave is held in suspense under the following circumstances:5.10 Sick Leave for Family Reasons
- While an employee is on military furlough.
- While an employee is on LWOP for compensation from OWCP.
- While an employee is employed in an hourly TVA position or a position not under the leave act in another federal agency.
- Indefinite termination pending reemployment in a federal position.
Employees may use sick leave to provide care for family members who are incapacitated as a result of physical or mental illnesses, injuries, pregnancies, childbirth, or who are receiving medical, dental, or optical exams or treatments. Employees may use sick leave to make funeral arrangements following a family member’s death, or to attend the funeral (bereavement).
Family members are spouses and their parents; children; brothers and sisters and their spouses; individuals related by blood or whose association is equivalent of a family relationship.
Employees may use 40 hours of sick leave each leave year. If employees’ sick leave balance remains above 80 hours, the employee can take an additional 64 hours each leave year. Managers may advance employees only the initial 40 hours of sick leave so they can qualify to use the leave.
Supporting Evidence--TVA may grant sick leave only when supported by administratively acceptable evidence. Regardless of the duration of the absence, TVA may consider an employee’s certification as to the reason for his or her absence as administratively acceptable evidence. For an absence in excess of three workdays, or for a lesser period when determined necessary, TVA may also require a medical certification or other administratively acceptable evidence as to the reason for an absence for any purpose under this policy. Managers may also require a medical certificate from the health care provider concerning the family member’s need for psychological comfort and/or physical care. The certification should state the reasons for the absence, the family member who has a serious health condition, the probable amount of time the employee should be absent from work, and the timeframe of the absence.
If the leave is requested for bereavement activities, the employee may be required to provide administratively acceptable documentation of activities. Typically, documentation that proves the death of a family member is acceptable. Managers may request other documentation.
5.11 Sick Leave for Seriously Ill Family Members
Employees may use sick leave when they provide care for family members with serious health conditions. Family members are defined in Section 5.10
Employees may use 40 hours of sick leave each leave year. An employee may also use 440 hours of sick leave if he/she maintains a sick leave balance of 80 hours. Leave for a family member’s care and bereavement purposes under the Sick Leave for Family Reasons (Section 5.10) is deducted from the leave entitlement in this policy.
Part-time employees may use a prorated amount of sick leave for family care purposes based on the number of hours in their regularly scheduled workweek.
A serious health condition means an illness, injury, impairment, or physical or mental condition that involves:Other illnesses are included in the legal definition. Questions about illnesses not listed above should be referred to the Employee Service Center.
- Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or
- Continuing treatment by a health care provider that includes (but is not limited to) examinations to determine if there is a serious health condition and evaluations of such health conditions, if necessary. These treatments may include incapacitation due to pregnancy, recurring episodic illnesses such as asthma, diabetes, epilepsy, and other illnesses. The incapacitation could include long-term care for individual who suffer from Alzheimer’s, severe stroke, or terminal stages of a disease. It could also include physical therapy for arthritis, chemotherapy/radiation, and dialysis for kidney disease.
- A serious illness is not the common cold, flu, earaches, upset stomach, minor ulcers, headaches (other than migraines), routine dental or orthodontia problems, or periodontal disease.
Supporting Evidence--TVA may grant sick leave only when supported by administratively acceptable evidence. Regardless of the duration of the absence, TVA may consider an employee’s certification as to the reason for his or her absence as administratively acceptable evidence. For an absence in excess of three workdays, or for a lesser period when determined necessary, TVA may also require a medical certification or other administratively acceptable evidence as to the reason for an absence for any purpose under this policy. Managers may also require a medical certificate from the health care provider concerning the family member’s need for psychological comfort and/or physical care. The certification should state the reasons for the absence, the family member who has a serious health condition, the probable amount of time the employee should be absent from work, and the timeframe of the absence.
5.12 Sick Leave For Adoption
Employees may use sick leave for purposes related to the adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow adoption to proceed. The amount of sick leave an employee may request under the regulation should be determined by the manager based on administratively acceptable evidence the employee provides in legal documentation or adoption requirements.
Employees shall file a written application for sick leave in advance. TVA may grant sick leave only when supported by administratively acceptable evidence. Regardless of the duration of the absence, TVA may consider an employee’s certification as to the reason for the absence as evidence administratively acceptable. However, for an absence in excess of three workdays, or for a lesser period when determined necessary, TVA may require other acceptable evidence (i.e. legal adoption papers, certifications from adoption organizations, etc.).
6.1. Use of Administrative Leave
Administrative leave is an administratively authorized absence from duty without loss of pay. Administrative leave may be granted and employees remain in pay status when absence from duty is for or connected to one of the purposes outlined below. In some instances when administrative leave is exhausted, LWOP or annual leave may be granted.
Administrative leave may be granted for the following reasons:6.2 Approval and Recording of Administrative Leave
- Funeral leave for immediate relative who died while a member of the armed forces in a combat zone.
- Blood donations.
- Rescue squad participation.
- Witness service.
- Law enforcement.
- Military Service.
- Jury Duty.
- Registration and voting.
- Medical exams for reserve members.
- Participation in military funerals.
- Bone marrow or organ donor.
An application for administrative leave is submitted as far in advance as possible in order to allow the supervisor to meet work requirements. Leave is approved if the supervisor determines that the employee’s application is in accord with the provisions for granting leave for the purpose required.
6.3 Military Leave
Military leave is a leave of absence from duty during regular hours of employment without loss of pay for active duty, engaging in field or defense training under Sections 502-505 of Title 32 United States Code as a Reserve of the Armed Forces or member of the National Guard, or inactive duty training (IDT) (weekend and monthly drills and training during the work week) under Section 6323(a) of United States Code 5. Pay includes regularly scheduled overtime in addition to holiday pay and shift differential, when applicable.
Military leave accrues at a rate of 15 days per fiscal year. Up to 15 days of military leave which is unused by the end of the fiscal year is carried forward for use during the subsequent fiscal year. Thus, a full-time employee may have a maximum of 30 days of military leave available for use during a fiscal year.
Employees Eligible for Military Leave--Full-time and part-time annual employees who have permanent, prepermanent, or indefinite appointments and who are members of any reserve component of the armed forces are entitled to military leave (except certain part-time employees specified below).A leave of absence may be granted to annual employees who are:
- Part-time annual employees with permanent, prepermanent, or indefinite appointments are entitled to receive a prorated share of the regular military leave benefits for which full-time annual employees are eligible. The amount of military leave in these cases is determined by dividing 40 into the number of hours in the part-time employee’s regularly scheduled workweek and multiplying by 15 days. (Example: employee’s regularly scheduled to work 20 hours each week during the fiscal year would accrue 7-1/2 days for that fiscal year.)
During a period of military leave, a part-time employee receives pay for the same hours and days which would have been paid if the employee had remained in work status (including regularly scheduled overtime).
Military leave is granted to an eligible employee who is on active duty (full-time duty in the active military service of the United States).
- Members of the Army National Guard or the Air National Guard are entitled to military leave only while in service of the United States. Generally, this is service for which they are paid by the United States government such as regular 14-day summer camps.
- The Tennessee Defense Force (TDF) is separate and distinct from the National Guard and is not a federally recognized force. TDF members are accordingly not entitled to military or law enforcement leave.
Leave of absence means military leave, annual leave, LWOP, or any combination of these.
- Required to perform active duty for training;
- Inactive duty training in armed forces;
- Reporting for induction; or
- Determining by pre-induction or other examination their physical fitness to enter the armed forces.
An employee entitled to military leave for an absence may elect to use annual leave or LWOP for that period of active duty. However, once an employee elects to use military leave, all such leave must be used before the employee may be placed in another leave status for that same period of active duty. An employee is not permitted to take annual leave to avoid charges to military leave for intervening nonwork days.6.4 Law Enforcement Leave
- Exception--An employee may take the full 15 days of military leave immediately at the beginning of a fiscal year even if up to 30 days of military leave had been taken during the prior fiscal year for that same period of active duty, and the military leave was interrupted by annual leave or leave without pay.
- Employees not Eligible for Military Leave--Temporary, part-time annual employees hired on a temporary or intermittent basis and hourly employees are not eligible for military leave.
If the employee’s status changes from non-temporary to temporary, he/she is not eligible for military leave. However, if they are transferred to or reemployed in a non-temporary appointment during the same or the next fiscal year, up to 15 days of their unused military leave will be recredited to their account.
- Granting Military Leave--Application for military leave is made on Form TVA 6 with a copy of the military orders attached. Military leave is not granted until both documents are sent to the time-reporting office (unless the orders are not available to the reservist). Upon return from military leave, the employee completes Form TVA 6 and attaches a certificate of attendance signed by the military officer in charge. When an employee enters active military service during a war or national emergency, the certificate of attendance is not required for leave purposes.
- Accounting for Military Leave--Nonwork days or holidays occurring at the beginning or at the end of a period of absence for military duty are not charged against military leave except when they are regularly scheduled overtime days for which the employee is paid. Those falling wholly within the period of absence are charged against military leave (nonwork day). Except as noted above, it is not appropriate for an employee to take annual leave in the middle of military leave.
- Types of Military Service Not Covered--Employees are not eligible for military leave for the following types of service:
- Temporary Coast Guard Reserve.
- Participation in parades by members of the State National Guard, except the District of Columbia National Guard.
- Civil Air Patrol.
- Time taken on a workday to travel to the place where training is to begin unless military orders include travel time.
- Training within a state guard or other state military organization which is not part of the National Guard or which was created to take place of the National Guard during an emergency.
- Members of the Reserve Officers Training Corps, who have not been commissioned in one of the armed forces reserve units. These employees may be granted annual leave or LWOP when they attend field training.
- Active duty as a commissioned officer in the Reserve Corps of the U.S. Public Health Service. Such employees are placed on military furlough.
Indefinite, permanent, prepermanent full-time annual employees who are also members of one of a reserve component of the armed forces or the National Guard may be granted law enforcement leave not to exceed 22 workdays in a calendar year. The leave is granted without loss or reduction in:However, when using this law enforcement leave, the employee’s military pay is credited against the TVA pay received for that period of duty, see Employee Relations Manual, Pay, Policy Number 1, DUAL PAY, Section 4.
- Pay.
- Leave to which they are otherwise entitled.
- Credit for time or service.
New employees are entitled to such leave under the regulations set out below when ordered by competent authority to military duty for law enforcement purposes.6.5 Court Leave
- A Member of a Reserve Unit, Including the Federalized National Guard--This leave is granted when a member is called into the federal service for the purpose of providing military aid to repel an invasion; to suppress domestic violence, unlawful combination or conspiracy, and insurrection or rebellion; or to otherwise enforce the laws of any state or of the United States. Employees who are members of military units, may use:
By using these options, employees may retain their full pay and military pay. When law enforcement leave is exhausted, absences may be charged to any unused military or annual leave or LWOP.
- Military leave,
- Annual leave, or
- Compensatory time available to them.
- A Member of a Nonfederalized State National Guard--This leave is granted when a member is called into full-time state service for the purpose of providing aid to enforce the law, including service in case of disaster such as floods, earthquakes, and hurricanes. Service in such situations is designed to prevent looting and other criminal offenses and is considered as being for law enforcement purposes. It is construed to include either standby or active engagement service. Where all available law enforcement leave has been used, additional absences are charged as annual leave or LWOP.
Supervisors should report absences for law enforcement purposes on Form TVA 6 with (a) copy of the employee’s military orders showing the authority, extent, and nature of the service and (b) signed statement from the employee’s military organization that shows his/her gross hourly military pay rate exclusive of pay for travel, transportation, and per diem allowance.
When all law enforcement leave has been used and further absence is charged to some other type of leave, the employee does not reimburse TVA for the time charged to the other type of leave.
6.6 Registration and Voting
- Jury Service
Annual employees may receive court leave to perform jury service. Hourly employees are generally not eligible to receive court leave, but there are exceptions. Call the Manager, Human Resources Information Services, Corporate Human Resources, regarding court leave eligibility for such employees. Court leave is not granted to employees who would otherwise be in nonpay status.
Any annual employee called for jury service in a federal or state court, who would otherwise be on TVA duty, remains in pay status for the time absent in connection with such jury service including reasonable time to travel to and from the court. Annual employees are granted court leave during regular straight-time hours; hourly employees receive an excused absence. Court leave is not charged for holidays and nonwork days.
An annual employee eligible for court leave may elect to take annual leave or LWOP instead of court leave for jury service in a state court. In such a case, shift differential is not paid and the employee is allowed to keep court fees.
When court leave is granted, an annual employee receives pay for regularly scheduled overtime, holiday pay, and shift differential, when applicable.
Summons--Employees under proper summons are subject to call by the court from the date they are required to report until the time they are discharged by the court. A summons is an official request, invitation, or call from the court or authority responsible for the proceeding, thus granting court leave for voluntary appearance is not appropriate. During the entire summons period, employees are expected to inform their supervisors immediately of when they will be excused by the court and when they can report for work. This is required so that supervisors may schedule work.
The following instructions apply to all employees:
- Employees scheduled to work the day shift are expected to report to work as soon as possible after being excused by the court. If on shift work, employees are expected to report to work if they are excused in time to report by midpoint of scheduled hours or later than the midpoint, if instructed in advance by their supervisor to do so.
- An employee scheduled for the second or evening shift, who is excused from jury duty before the shift begins or within two hours after the shift begins, immediately notifies the supervisor and reports for the scheduled shift or for the remaining hours in the shift. If supervisors approve and give employees proper notice, shifts may be changed during jury duty to better accommodate employees and management. Employees who fail to report for work after release from court within established time limits receive pay only for hours served that actually fall within their scheduled shift. The remaining hours of the shift are charged as annual leave or LWOP as appropriate.
- Employees scheduled to work the night shift are not expected to report for the shift immediately before jury service.
If a reporting requirement causes a hardship for the employee, he or she should contact the supervisor. The supervisor may determine that there is a hardship and grant court leave or excuse the employee from the scheduled work hours on that day.
Employees who receive a jury fee for performing jury service in a state court must report such compensation to TVA, and TVA is required to credit such payments received against the employee’s pay for the hours charged for court leave. Allowances for expenses (such as travel and subsistence) may be retained, see Employee Relations Manual, Pay, Policy Number 1, DUAL PAY, for further details.
Federal Court--Annual and hourly employees should not accept fees for serving in a federal court. They may accept per diem and transportation allowances. No deduction in this case is made from the employee’s pay. The time report and forms should be noted “federal court--no fee deducted.”
Required Jury Service
Reporting Forms ForAre: T&L Annual Employees Certificate Form TVA 8283 and court documents Salary Policy Annual Employees Form TVA 6 and the certificate of court
attendance
- Witness Services
For purposes of (a) and (b) below, “judicial proceeding” means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding.For Cases Processed Under the Federal Employees’ Compensation Act--Any employee required to appear as a party or witness in a case by the Administrator of the Federal Employees’ Compensation Act is considered in an active duty status while so engaged.
- An annual or hourly employee is performing official duty and remains in pay status without charge to leave or absence if summoned or assigned by TVA to:
- Testify, whether in an official or unofficial capacity, or produce official records on behalf of the United States (TVA or any other federal agency or department) or the District of Columbia.
- Testify in an official capacity or produce official records on behalf of a party other than the United States or the District of Columbia (includes a private party or a state or local government or an agency of either).
- An annual employee who is not performing official duty but who has been summoned in connection with a judicial proceeding by a court or authority responsible for the conduct of that proceeding:
- Is granted court leave to serve as a witness on behalf of any part in a judicial proceeding when the federal, state, or local government is a party to the proceeding; or
- May be granted annual leave or LWOP to serve as a witness on behalf of a party in a judicial proceeding when the federal, state or local government is not a party to the proceeding.
- An hourly employee who is not performing official duty is granted absence from duty without pay to serve as a witness on behalf of any party in a judicial proceeding provided the employee has been summoned by the court or authority responsible for that proceeding.
In cases where court leave is granted, the time required for an annual employee to travel to and from the court and to attend court is reported on Form TVA 6 and charged as court leave. The certificate of attendance is attached to Form TVA 6 and is forwarded to Employee Accounting for payroll deductions to be made.
- An employee who is the plaintiff in a suit against TVA in federal or state court is not entitled to official time or court leave for time spent in attending hearings, trials, depositions, etc. There could be some adjustments if the employee prevails and a makewhole remedy is ordered.
An employee should not accept fees for serving as a witness on behalf of the United States.
TVA annual and hourly employees are encouraged to register and vote in national, state, and local elections and referendums. If employees cannot vote or register on their own time because of their work schedules, up to three hours of administrative leave may be granted if the following conditions are met:Because there are provisions for absentee registration and voting in Presidential elections, waivers of the three-hour limit will not be granted for employees to register or to vote in person in such elections. However, employees may receive a maximum of one day administrative leave if:
- The employee is scheduled to work the day shift and cannot vote or register outside of working hours.
- The employee applies for administrative leave in accordance with instructions and completes Form TVA 6.
- The supervisor can spare the employee’s services without serious interference with the work.
Administrative leave is granted only on the day the employee registers or votes. The leave approved by the supervisor is paid at the rate the employee would have received had he/she worked. If the period of absence is during a regularly scheduled overtime period, the employee is paid the overtime rate.
- State laws require registration, application for an absentee ballot, or voting in person in connection with elections, or
- Multiple voting for President and officials is required.
Employees may be required to make application in advance of the anticipated absence.
6.7 Medical Examination of Reserve Members
If an annual or hourly employee who is a member of an armed forces reserve unit is called for a medical examination and cannot be examined outside working hours, he/she is excused from duty. The employee may be excused from regularly scheduled overtime for the examination. The absence may not exceed one day. However, an annual employee is granted annual leave or LWOP if they are paid for the time by the armed forces. An hourly employee receives no pay from TVA if paid by the armed forces.
6.8 Participation in Military Funerals
Qualified annual and hourly employees may be excused from work for up to four hours in any one day without loss of pay or annual leave to participate in military funeral ceremonies in the United States. To qualify, the employee must be:If an absence of more than four hours is required on any one day, the employee receives pay only for the first four hours unless annual leave is applied for and available. Employees receive pay at the same rate they would have received if they had worked during the absence.
- A veteran of any war, campaign or expedition for which a campaign badge is authorized.
- A member of ceremonial groups of organizations of such veterans.
6.9 Funeral Leave
If an annual or hourly employee’s immediate relative dies as a result of wounds, disease, or injury incurred while serving in a combat zone as a member of the Army, Navy, Air Force, Marine Corps, or the Coast Guard, he/she is granted funeral leave as needed without loss of or reduction in pay, leave, or credit for time in service. The employee is requested to limit his/her absence to three work days. (Combat zone means those areas so designated by the President). Funeral leave is to allow employees to make arrangements for or to attend the funeral or memorial service for the deceased. The three days need not be consecutive; but if not, the employee provides the supervisor satisfactory reasons for granting the leave on non-consecutive days. The employee is paid for the time he/she would have worked including regularly scheduled overtime, holiday pay, and shift differential, if applicable. If a trades & labor hourly employee’s crew is laid off during the absence, the employee is not paid for the time that the crew lost.
Form TVA 6 is used by both annual and hourly employees in applying for the leave. The form should show “Funeral” as the type of leave taken.
For the purpose of funeral leave, an immediate relative of a deceased member of the armed forces includes:6.10 Blood Donations
- Spouse, and the spouse’s parents.
- Children, and their spouses.
- Parents.
- Brothers and sisters, and their spouses.
- Any individual related by blood or affinity whose close association with the deceased was such as to have been the equivalent of a family relationship.
Annual or hourly employees who desire to donate blood should do so outside working hours, if possible. If this is not possible (for reasons beyond their control), they may be excused from duty including regularly scheduled overtime, without loss of pay for up to two hours on any one day.
If more than two hours is required, the employee receives pay for only the first two hours of absence unless other leave is approved. Employees receive pay at the same rate they would have received if they had worked during the absence.
6.11 Bone Marrow or Organ Donors
Employees may use up to seven days of administrative leave per calendar year to serve as bone marrow or organ donors.
6.12 Participation in Rescue Squads
Trades & labor annual employees will be given annual leave or LWOP to participate in work with a rescue squad if an official of the squad requests their services and TVA does not require a replacement. Under the same conditions, a trades & labor hourly employee will be excused from work without pay (see General Agreement, Supplement 17, PARTICIPATION IN RESCUE SQUADS).
6.13 Excused Absence for Professional License Examination (Employee Relations Manual, WORK SCHEDULES, Annual Employees).
Such absences are reported on Form TVA 6 and charged to employee work accounts.
7.1 General
LWOP may be granted upon the employee’s written request. It may be used for sickness or injury or other reasons. If it is requested by the employee for sickness, injury, or for ill family members, managers should advise employees of their Family and Medical Leave entitlement. Each leave request is examined to determine if such leave complies with TVA policy and is in the best interests of TVA. It may be granted when employees have other leave options. The anticipated benefit to TVA should be enough to at least offset the various costs of retaining the employee in LWOP status. A basic condition for approval of LWOP is a reasonable expectation that the employee will return at the end of the approved period.LWOP is not used for periods of nonpay status required or ordered by TVA such as furlough or suspension.
Usually employees cannot demand that they be granted LWOP as a matter of right. Exceptions are:A definite date is established and agreed upon for ending any period of LWOP except when the LWOP is granted:
- Disabled Veterans when such leave is necessary to receive medical treatment required by a medical authority and provided the employee gives advance notice of the duration of absence for treatment.
- Reservist or National Guardsman to perform military training duties, Employee Relations Manual, RESTORATION, Military Duty.
Upon written request by the employee, the approved period may be extended if the employee is unable to return to duty at the end of the period and if the granting of the extension is in the best interest of TVA.
- For a period of active military service.
- Pending a decision on an application for disability retirement.
- During a period of incapacitation.
LWOP is granted even though it is unlikely the employee will return to work in a case of pending disability retirement. A case of pending disability retirement is one in which the application for disability retirement has been accepted by TVA Retirement Services or the Civil Service Commission. The ending date of such LWOP is the date on which the employee’s organization receives notice of the decision on the disability retirement application.
TVA is not obligated to but may reinstate an employee before the end of an approved period. An exception to this provision is a case when more than 30 days have been approved because of illness and the employee recovers and requests to return to work. In such a case, the employee is reinstated as soon as possible.
During an employee’s absence on LWOP, the employee’s position:If the position the employee left is not available when the employee returns, he or she is placed in a job in the same competitive area and level, if possible. If such a job is not available, the employee is placed in a job as determined under RIF procedures.
- May be left vacant.
- May be filled on either a temporary or non-temporary basis.
- The work may be assigned to other employees.
When LWOP is granted because sick leave is unavailable, it is permissible to require the employee to present evidence of incapacitation acceptable to the supervisor in the same manner as for sick leave.
If a RIF occurs, employees on LWOP are subject to RIF during their absence. See applicable instructions under Employee Relations Manual, REDUCTION IN FORCE.
7.2 Application for and Approval of LWOP
Employees are required to request LWOP in writing. The employee’s supervisor is responsible for seeing that it is received and kept as a matter of record.
Form TVA 6 is required for payroll reporting purposes for all periods of LWOP of 30 days or less. The signature of the employee on these forms meets the requirement for a written request.
Supervisors authorized to approve Form TVA 6 may approve LWOP for periods of 30 consecutive calendar days or less. The employee’s organization designates persons who may approve LWOP for periods in excess of 30 calendar days.
7.3 LWOP for Sickness or Injury
Sickness--LWOP may be granted to employees who are sick regardless of whether they have other leave to their credit. If a sick employee is advised by his or her doctor not to work full time, LWOP or sick leave may be granted for the required absence.
At the end of the payroll period, the supervisor completes Form TVA 6 to show the total amount of leave taken and forwards it to the time-reporting office with an attached statement of the leave taken each day.
Injury--An injured employee may be granted sick leave, annual leave, or LWOP while recovering from injury.
Compensable Injury or Disability--An employee who is injured or disabled in the line of duty may be eligible to receive “continuation of pay” as provided under OWCP regulations or may choose to be placed at once on either LWOP and apply for compensation to OWCP, or sick or annual leave, if available. The employee may remain on such leave until he or she recovers or until the leave is exhausted. The employee may apply for compensation at any time.
The employee is retained on LWOP until he or she returns to work or until 30 days after maximum recovery has been reached, unless terminated in RIF or otherwise. The period of LWOP may be for more than one year. If the employee is a member of the TVA Retirement System, he or she is considered to be “in service” while on LWOP and receives compensation from OWCP for a one-year maximum time period.
If the employee resigns or is terminated from TVA, or dies while on LWOP and receiving compensation from OWCP, any annual leave to his or her credit as of the date of termination is paid in a lump sum.
7.4 LWOP for Study--See Employee Relations Manual, EMPLOYEE DEVELOPMENT, Outside TVA
LWOP to permit an employee to study part-time is granted on a pay-period basis. The supervisor prepares in advance a Form TVA 6 for the LWOP required during the pay period. A schedule showing the LWOP each day (time and hours) is attached to Form TVA 6 which is sent to the payroll office not later than the first day LWOP is taken in that pay period. Any time worked that conflicts with the LWOP schedule is reported immediately to the payroll office.
7.5 LWOP for Cooperative Work
Cooperative students are granted LWOP when they are employed alternately with another person in the same position provided they have been appointed in accordance with the TVA training program.
7.6 LWOP for Union Activities
In accordance with the provisions for granting leave, the supervisor may at the option of the employee, grant either LWOP or annual leave to attend union activities.
7.7 LWOP for Work for Another Organization
An employee may be granted LWOP for work (but not to provide consulting services):7.8 LWOP During Investigation (See Section 3.15)
- In another federal organization, see Employee Relations Manual, Pay, Policy Number 1, DUAL PAY.
- In certain public international organizations, see Employee Relations Manual, REEMPLOYMENT, Nonmilitary Service.
- In a nonfederal organization subject to provisions under, see Employee Relations Manual, Pay, Policy Number 1, DUAL PAY.
- In an employee organization on a full-time basis, when approved by the Trades and Labor Council for Annual Employees of the Tennessee Valley Authority, by the International Brotherhood of Teamsters, or by any of the unions representing salary policy employees.
7.9 LWOP for Active Military Service
LWOP is granted for:7.10 LWOP Before Transfer
- Active duty for training except when it is an initial period of active duty for training of not less than three months. (Employees entering on initial periods of active duty for training of three months or more are placed on military furlough.)
- Inactive duty training.
- Reporting to be inducted into, to enter, or to determine physical fitness to enter the armed forces.
- Active military duty (for other than training) by members of the armed services reserves or National Guard where a TVA-wide decision is made to allow LWOP to be granted during a particular crisis, such as the Middle East crisis in 1990 (see Employee Relations Manual, RESTORATION, Military Duty, for restoration rights after LWOP for the above purposes).
LWOP pending transfer to another TVA position or another federal agency may be granted in order to maintain an employee in employment status.
7.11 Status in TVA Retirement System During LWOP
A member has certain rights under the TVA Retirement System’s rules and regulations during a period of LWOP as long as the member remains in service. The most significant of these rights is that the member is eligible for the death benefit and that the period counts as creditable service. A member is in service during a period of LWOP if TVA makes any contribution that may be required to the Retirement System for that period.
TVA continues any required contributions to the system on behalf of members during periods of LWOP as follows:7.12 Conversion of LWOP
- When the Period Granted is for 30 Days or Less--Members are continued in service if they are expected to return to the same position or to another position covered by the system at the end of the leave.
- When the Period Granted is for More Than 30 Days and Up to One Year
- Because of Sickness--Members are continued in service for not more than one year if they have one year or more of creditable service under the system at the beginning of LWOP.
- Because of Service-Connected Injury--Members are continued in service for not more than one year if they are receiving federal compensation on account of the injury.
- Because of Work for an Employee Organization--Members may be continued in service provided they reimburse TVA on a continuing basis for any required contributions.
- Because of Full-time Education Outside TVA--Members may be continued in service upon approval by their organization.
- Members who are cooperative students are not continued in service when they are granted LWOP to return to school.
- Because of Other Reasons--Members may be continued in service for not more than one year if circumstances warrant and if the TVA Board gives special approval. The employee’s organization requests this approval before the beginning of the period of LWOP.
- When the Period Granted Exceeds One Year --A member who has been on LWOP for a total of one year may be allowed to continue in that status. The employee and TVA must make arrangements with the TVA Retirement System for any required contributions. Upon special arrangement and the payment of any additional costs thereof by TVA, the TVA Retirement System Board in its discretion, may continue the member in service for Retirement System purposes.
LWOP, which is taken because annual leave is not available, may not later be converted into annual leave. However, LWOP may be converted into sick or annual leave to correct an error in the original charge.
When an employee applies for annual leave while on LWOP for more than 30 days, the annual leave, if granted, is substituted for LWOP beginning with the first hour in nonpay status. Restoration to such pay status is effected by a memorandum from the employee’s organization approving the substitution.
7.13 Reporting LWOP for Payroll Purposes
LWOP of 30 days or less is reported on Form TVA 6 and/or the employee’s time report in the same manner annual leave is reported.
The actual beginning time and the proposed ending time of the LWOP are shown in the application section of Form TVA 6. The reason for granting the leave is reported in the space provided.
At the end of the leave period, the supervisor records the actual ending date of the leave period and sends the form to the time-reporting office.
The completed Form TVA 6 is the authority for returning the employee to pay status. If this form is not used, the employee’s supervisor or administrative office reports the return to pay status on the regular time report.
7.14 Family and Medical Leave
Family and medical leave is available to help employees take time away from work without pay following the birth of a child or the placement of a child for adoption or foster care with the employee, or if the employee needs to be off work to help care for a family member with a serious health condition or because of their own serious health condition. Although family leave is a form of LWOP, the employee can maintain benefit coverage at the same rate as if he or she were working. Any full-time annual TVA employee with one year of current continuous service is allowed up to 12 weeks of full-time unpaid family leave during a 12-month period. The Family Leave Policy is described in detail in Employee Relations Manual, Family Friendly Policies, Leave Options, Family Leave.
8. Unapproved Absence of Annual Employees from Work (AWOL)
8.1 General
This instruction applies to all annual employees. Generally an absence that is not approved by a supervisor is recorded by a memorandum addressed to the employee stating the reasons for the disapproved absence. A copy is sent to Employee Accounting, to the employee’s payroll reporting office and to his/her Personal History Record. Absences recorded as unapproved absences may be used as a basis for disciplinary action (see Employee Relations Manual, Employee Discipline). An unapproved absence is treated the same as a period of leave without pay for all purposes except evaluation of performance and adverse action.
8.2 Reasons for not Approving an Absence
Reasons for not approving an absence are listed below.An absence under any of these conditions above may be approved for leave by the employing organization if that organization determines that the circumstances justify approval.
- The employee did not apply for leave in advance of the absence. The absence ordinarily is sufficient reason for not approving the absence. This applies to sick leave for medical, dental, or optical examinations or treatment that can be arranged in advance, as well as to annual leave, special leave, and leave without pay. Exceptions include sickness or an emergency that does not permit advance application.
- The employee applied for leave in advance but was not granted leave because of job needs or because application for leave was not made enough in advance to ensure continued job effectiveness.
- The employee stated his or her absence was because of sickness but did not present evidence of incapacitating illness in accordance with sick leave requirements.
8.3 Change of AWOL to Applicable Leave or Unapproved Absence
When the circumstances of an AWOL have been established, AWOL may be changed to applicable leave or to an unapproved absence, as determined by the employing organization.
8.4 Long or Frequent Absences
Long or frequent absences because of illness, except when recorded as unapproved, are not a basis for disciplinary action. However, they are a basis for placing the employee in a job where such absences will not hamper the work or for terminating the employee for apparent inability to meet job requirements, including dependability and production.
8.5 Correction of Payment for Unapproved Absence
If payment has been made for a period of absence before it is determined that the absence is not to be approved, the overpayment is deducted from the employee’s pay in a subsequent pay period.
8.6 Time-Reporting Requirements
Unapproved absence and AWOL are coded as LWOP in the time-reporting system, for payroll purposes, like other nonpay time. The memorandum covering an unapproved absence may be used as documentation for time-reporting purposes; as an alternative, Form TVA 6 be used. If the form is used as time-reporting documentation for unapproved absence, it must show LWOP as the type of leave and “Unapproved Absence” as the reason. The employee’s signature is not required.
The Family and Medical Leave Act entitles full-time employees to take up to 12 weeks of Leave Without Pay during any 12-month period to care for family members with serious health conditions and reasons listed below. Part-time employees are entitled to take a prorated amount of time in proportion to the number of hours in the employee’s regularly scheduled administrative workweek. The 12 administrative workweeks of leave will be calculated on an hourly basis and will equal 12 times the average number of hours in the employee’s regularly scheduled administrative workweek. FMLA may be taken for one of the following reasons:For FMLA, the definition of a family member is more limited than in other family leave regulations. Family members are defined as spouses, children (including adopted, foster, step, and legal wards), and parents. A son or daughter means a biological, adopted, or foster child; a step child; or a legal ward. A spouse is an individual who is a husband or wife pursuant to a marriage that is a legal union between one man and one woman, including common law marriage between one man and one woman in States where it is recognized. Serious health conditions are listed in Section 5.11.
- the birth of an employee’s son or daughter, and the care of such son or daughter;
- the placement of an employee’s son or daughter for adoption or foster care;
- the incapacitation due to pregnancy;
- the care of an employee’s spouse, son, daughter, or parent of the employee, if such spouse, son, daughter, or parent has a serious health condition; or
- an employee’s serious health condition that makes the employee unable to perform any one or more of the essential functions of his or her position.
9.1 Eligibility
Employees who are eligible for sick and annual leave, and have at least 12 months of federal service are eligible for FMLA unless they have appointments of one year or less, or are hourly employees with intermittent work schedules. Such hourly or short-term employees may, however, be covered under Title I of the FMLA, which primarily covers private sector employees. (Please consult with Human Resources about entitlement eligibility).
9.2 Notice for FMLA
Managers are responsible for informing their employees of their entitlement to take FMLA, and their responsibilities and obligations for use of this leave. Managers should be aware of employee’s situations for which FMLA might apply, and advise employees accordingly.
9.3 Employee’s Responsibilities
Employees must request the use of FMLA in advance and provide proper documentation for leave. TVA does not place an employee in this leave status without a written request from the employee.
If leave taken is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment, the employee shall provide a 30-day notice to TVA of his or her intent to take leave. If the date of birth, placement, or medical treatment requires leave to begin within 30 days, the employee shall provide such notice as is practicable. If the leave is foreseeable based on a planned medical treatment, the employee shall consult with the agency and make a reasonable effort to schedule medical treatments, to avoid disrupting the operations of the agency, subject to the approval of the health care provider.
If the need for leave is foreseeable and the employee fails to give 30 days’ notice with no reasonable excuse for the delay of notification, the agency may delay the taking of the leave until 30 days after the date the employee provides notice of the need to be absent.
If the need for leave is not foreseeable and the employee cannot provide 30 days’ notice of his or her need for leave, the employee shall provide notice within a reasonable period of time appropriate to the circumstances involved.
9.4 Leave Entitlement
Employees may take only the leave necessary to manage the circumstances that prompted the leave request. TVA cannot subtract FMLA leave from an employee’s entitlement unless the agency obtains confirmation from the employee to invoke entitlement to this leave. An employee’s request to take this leave may be confirmed on the TVA Form 6.
Employees may substitute annual leave or sick leave for FMLA in advance. Supervisors should consider employee’s use of sick leave for general family reasons and for seriously ill family members. If the employee substitutes paid leave for LWOP, the time off counts against the employee’s FMLA entitlement, even though it is charge to a paid leave. If the employee simply requests and is granted annual and/or sick leave for an illness, and does not invoke FMLA, that time off does not count against FMLA entitlement. Substitution of sick leave must meet the criteria outlined in the Sick Leave for Family Reasons and the Sick Leave for Seriously Ill Family Members.
An employee may retroactively substitute paid leave for leave without pay previously taken if the employee, or his or her personal representative, is physically or mentally incapable of invoking the employee’s entitlement to FMLA leave during the entire period in which the employee was absent from work for the FLMA-qualifying purpose. If the employee or his or her personal representative was incapable of invoking FMLA, the employee may retroactively invoke his or her entitlement to FMLA leave within two workdays after returning to work. The incapacity (of the employee and/or representative) must be documented with medical certification from a health care provider.
9.5 Medical Certification
Employees must provide medical certification of a serious health condition or legal documentation for adoption no later than 15 workdays after the employee applies for FMLA. If despite the employee’s good faith effort and diligence to acquire medical certification of a serious health condition within the 15 day timeframe, the employee must provide the certification within a reasonable timeframe but not later than 30 calendar days after the date the medical certification was requested by TVA. Employees who do not provide medical certification signed by the health care provider that includes all requested information are not entitled to FMLA leave.
The required medical certification is a written medical certification issued by the health care provider of the employee or of the eligible family member. The certification should include the date the serious health condition began; the probable duration of the serious health condition; a general statement as to the incapacitation, examination, or treatment that may be required by a health care provider; the requirement that the eligible patient needs psychological comfort and/or physical care; or needs assistance for basic care. The employee must certify that he or she will provide care for the eligible patient and an estimate of the amount of time the employee needed to care for the patient.
While the employee is obtaining the requested medical certification, or if TVA questions the validity of the original certification provided by the employee, and the medical treatment is required to begin, TVA shall grant provisional leave pending timely final written medical certification.
9.6 Substitution of Paid Leave
An employee may elect to substitute paid leave for any or all of the period of leave without pay for FMLA. An employee may elect to substitute the following paid leave:9.7 Leave Accounting
- accrued or accumulated annual or sick leave, consistent with current law and regulations governing granting and use of annual or sick leave;
- advanced annual or sick leave approved under the same terms and conditions that apply to any other agency employee who request advanced annual or sick leave; and
- leave made available to an employee under the Leave Transfer Program.
FMLA for serious health conditions of an employee or family member may be taken either as one continuous period of time or intermittently from one-half hour to several weeks, or on a reduced schedule. Leave is counted hour for hour. FMLA may be taken intermittently for birth or adoption, or placement of a son or daughter only if the employee and TVA both agree to such an arrangement.
9.8 Placement of Employee while on FMLA
If an employee takes leave intermittently or on a reduced schedule, TVA may place the employee temporarily in an available alternative position for which the employee is qualified and that can better accommodate recurring periods of leave. The alternative position must be an equivalent grade or pay level, and in the same commuting area.
Upon return from FMLA leave, an employee shall be returned to the same position which he/she held when the leave began; or an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.
9.9 Reporting Requirements
TVA may require an employee to report periodically on his or her status, and intention to return to work following the FMLA leave. Also, as a condition to returning to work after an employee takes non-intermittent FMLA for his or her serious health condition, TVA requires certification from the employee’s health care provider that the employee is able to perform the essential functions of his or her position. TVA should advise the employee of any such requirements before the leave begins, and will pay the expenses for any such certification.
10.1 General
This instruction describes the Leave Transfer Program. It gives details on who may transfer annual leave, who may be approved to receive transferred annual leave, the limitations on the amount of leave that can be transferred, restoration of donated leave at the end of a personal emergency, and implementation procedures.
TVA’s Leave Transfer Program (LTP) permits TVA employees to donate accrued annual leave for the use of other TVA employees and other federal employees for certain medical emergencies affecting themselves or a family member. This program is based on 5 U.S.C. Sections 6331-6340, and Office of Personnel Management (OPM) regulations (5 C.F.R. Chapter 63, Subpart I), and shall be interpreted consistent with those authorities.
10.2 Definitions
Available Paid Leave. Includes an employee’s accrued, accumulated, or restored sick leave or annual leave.
Immediate Supervisor. For purposes of this instruction, the employee who has immediate, or direct supervision, administrative and/or technical responsibility, over an employee, including the responsibility for leave approval.
Immediate Family Member. An employee’s spouse and parents and the spouse’s parents; children including adopted children and their spouses; brothers and sisters and their spouses, and any individual related by blood or affinity whose close association with the employee is equivalent of a family relationship.
Leave Donor. A current employee whose voluntary written request for transfer of annual leave to a leave recipient’s leave account is approved by TVA.
Leave Recipient. A current employee for whom TVA has approved an application to receive annual leave transfers from the annual leave accounts of one or more leave donors.
Medical Emergency. A medical condition of an employee or a family member of such employee that is likely to require an employee’s absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave. For the purpose of this procedure, a full-time employee’s absence from duty without available paid leave that is (or is expected to be) at least 24 hours is deemed likely to result in substantial loss of income. For part-time employees, an absence from duty without available paid leave that is expected to be at least 30 percent of the average number of hours in the employee’s scheduled biweekly tour of duty will be deemed a substantial loss of income. Absences may be intermittent as long as they total at least 24 hours (or equal to the number of scheduled hours for part-time employees). Examples of medical conditions that cause emergencies are incapacitation resulting from normal pregnancies, heart attacks and cancer treatment.
Paid Leave Status. The administrative status of an employee while the employee is using annual or sick leave accrued or accumulated under Subchapter I of Chapter 63, United States Code (i.e., the regular leave provisions).
Transferred Leave Status. The administrative status of an employee while the employee is using transferred leave under the Voluntary Leave Transfer Program.
10.3 Eligibility
For employees to be eligible to receive donated leave, they must be covered by the Annual & Sick Leave Law (Subchapter I or Chapter 63), and be experiencing or affected by a medical emergency. The emergency must involve the employee or the employee’s immediate family member. Employees must show that the absence from duty without paid leave is (or is expected to be) at least 24 hours as a result of the medical emergency. The employee must use all available leave in the sick leave for seriously ill family members and the sick leave for family reasons before they are permitted to use donated leave, when appropriate. Please refer to Sick Leave for Family Reasons and/or the Sick Leave for Seriously Ill Family Members. Human Resources Consultants, the Employee Service Center, contains more information about this program.
10.4 Responsibilities for Administering Leave Transfer Program
10.4.1 Human Resource Representative10.5 Application for Leave Transfer10.4.2 Applicant/Approved Leave Recipient
- Accepts application from employee and reviews for completeness.
- Makes determination if applicant qualifies to become a leave recipient and forwards the application to Employee Accounting.
- Notifies Employee Service Center to publish the employee’s name on the Employee Relations Website (if employee so requests).
- Monitors a leave recipient’s medical emergency in consultation with the supervisor, and notifies Employee Accounting when recipient’s participation in leave transfer program should be terminated.
10.4.3 Immediate Supervisor
- Completes application and provides the required medical documentation.
- Notifies immediate supervisor and human resource representative of his or her plan to return to work, approval for disability retirement, or resignation.
- Signs adjusted time sheets authorizing previous leave without pay (or advanced leave) used for the medical emergency to be changed retroactively to transferred leave.
10.4.4 Local Time Reporting Officials
- Monitors recipient’s medical emergency and in consultation with human resource representative determines when the medical emergency ends, and notifies employee when program participation will terminate.
- Notifies local time reporting official when employee is in transferred leave status through use of Form TVA 6 each biweekly pay period.
- If the recipient is unavailable and has requested such, signs adjusted time sheets authorizing previous leave without pay or advanced leave to be changed retroactively to transferred leave.
- Monitors leave donations and ensures that the employee’s account is credited with donated leave.
- Ensures that the employee’s sick leave accrual in the separate set aside leave account does not exceed a total of 40 hours while in transferred leave status. (See Section 10.8.1.)
- Ensures that the employee’s annual leave accrual in the separate set aside leave account does not exceed a total of 40 hours while in transferred leave status. (See Section 10.8.1.)
- Notifies Employee Accounting when the recipient’s medical emergency has ended.
10.4.5 Employee Accounting
- Notifies Employee Accounting of hours approved when recipient is in a transferred leave status by submitting Form TVA 6 within three working days after the end of applicable pay period.
10.4.6 Employee Service Center
- Responds to inquiries from approved recipient, human resource representative, immediate supervisor, and local time reporting officials concerning recipient’s transferred leave balance.
- Maintains official leave transfer records, recording hours of leave donated, hours of donated leave used, hours of unused donated leave transferred back to donors.
- Computes allowable leave accruals while approved recipient is in transferred leave status; maintains separate leave accounts for maximum allowable accruals until recipient’s participation in the program is terminated.
- Determines if donor’s authorized leave transfer is appropriate under terms of leave transfer program.
- Keeps official records of leave transfer program activity for reports to be prepared by the Manager, Human Resources Information Services, Corporate Human Resources, for TVA officials and the Office of Personnel Management.
- Coordinates the administrative details regarding TVA employee’s leave donations to employees at other federal agencies and from employees at other federal agencies to TVA employees.
- Publishes information on the Employee Relations Website about employees who have been approved for the Leave Transfer Program.
- Responds to questions from human resource representatives or others regarding TVA’s Leave Transfer Program.
10.5.1 Applying for Program Participation10.6 Internal Notification Process to Alert Donors
Any employee who is affected by a medical emergency may make written application to become a leave recipient using Form TVA 8336, Leave Transfer Program Application, and attaching medical documentation. The application should be submitted to the prospective leave recipient’s human resource representative. If an employee is not capable of making application, a personal representative of the potential leave recipient who is familiar with the circumstances of the medical emergency may make written application on behalf of the potential leave recipient. The application to become a leave recipient may be filed by an employee:10.5.2 Medical Documentation
- When the medical emergency is imminent, but has not yet begun.
- While the emergency is occurring and the employee is not at work.
- Within 30 calendar days following the end of the medical emergency, provided that the prospective recipient has not been separated from TVA through retirement, disability retirement, reduction in force, resignation, or other reasons, nor who will be separated from TVA within 30 days of filing an application for leave sharing. In such cases TVA will deem the medical emergency as continuing to permit the employee adequate time to receive donation of leave. (See Section 10.10.1.)
The applicant must also provide medical documentation from a physician or other approved health care provider with the application. The documentation should describe the nature of the medical condition and the anticipated duration of the condition. Medical documentation that is not sufficiently specific to indicate whether the emergency is likely to exceed the prospective recipient’s available annual and/or sick leave will not be satisfactory. Approval will be denied for lack of a complete application.
10.5.3 Application Processing
Upon receipt of an application to become a leave recipient, the human resource representative shall immediately review the application for completeness and notify the applicant if additional information is necessary. (The employee/applicant should be informed that processing of the application will not begin until the application is complete.) Within 10 work days of receiving a complete application, the human resource representative makes a preliminary determination whether the applicant/employee meets all criteria to become a leave transfer recipient consistent with this instruction and notifies the employee. The manager should confirm that the duration of the emergency is likely to exceed the applicant’s available sick and/or annual leave by at least 24 hours. The human resource representative then completes the application and submits it to Employee Accounting.
10.6.1 Preparing Notification10.7 Donations to Approved Leave Recipient
The internal employee notification process begins when the human resource representative approves the application. If authorized by the leave recipient, the human resource representative is responsible for promptly disseminating information about the leave recipient’s request so that employees who wish to donate leave will be informed that they may do so. The human resource representative should prepare a memorandum containing the following information:10.6.2 Distribution of Notification
- The leave recipient’s name, schedule/grade, and organization affiliation.
- The date his or her application was approved.
- The name and phone number of the recipient’s human resources representative to whom all questions about leave donation should be directed.
- A brief explanation of how much leave may be donated, how donated leave may be used by the recipient, and provisions for restoration of excess donations.
- Instructions concerning where an employee can get a donation form.
- This memorandum should not include any information about the specific nature of the recipient’s medical emergency.
This memorandum should be widely distributed to provide a reasonable opportunity for the recipient’s leave needs to be met. In most cases, this will mean TVA-wide distribution for the memorandum. In addition, the Employee Service Center will publish the names of participants on the Employee Relations Website.
10.7.1 Donations from TVA Employees10.8 Accrual of Annual Leave and Sick Leave While in Transferred Leave Status
Donations are handled confidentially. Any TVA employee can authorize the transfer of his or her annual leave to another TVA employee who is an approved recipient by filling out a Form TVA 8335, Leave Transfer Authorization. Employees should send the forms directly to Employee Accounting. TVA employees may in certain circumstances be able to transfer annual leave to approved recipients employed by other federal agencies. Any transfers of annual leave to recipients at other federal agencies will be handled in accordance with the leave transfer procedures established by the recipient’s employer and applicable federal regulations. For all TVA donors, the donated leave will be transferred from the donor’s annual leave account to the recipient’s annual leave account by Employee Accounting providing that the following conditions are met:However, TVA employees can donate a maximum of 240 hours of annual leave to their immediate family members who have been approved for the program at TVA or at other federal agencies. But if the other federal agency’s policy is different, TVA honors that agency’s policy. Donors must request waivers through their human resource representative, who will provide written notification to Employee Accounting. The managers are required to ensure that leave donations made at the end of the year adhere to this policy. If the donations are an attempt to avoid forfeitures, human resource representatives should deny the waiver.
- The transfer (donation) is not to the donor’s immediate supervisor.
- The minimum transfer/donation is two hours of annual leave.
- The maximum amount of annual leave an employee may donate in any one leave year is equal to one-half of the total amount of annual leave that the donor is entitled to accrue during the leave year in which the donations are made.
10.7.2 Donations from Employees of Other Federal Agencies
- Only those hours that are available in the donor’s annual leave account can be donated. Additional leave transfer authorizations can be made as annual leave is accrued during the leave year.
- When a leave donor is projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year, the maximum donation he or she can make shall be the lesser of the following: (1) The number of hours remaining in the leave year (as of the date of the transfer) for which he or she is scheduled to work and be paid, or (2) One-half of the total amount of annual leave that the donor is entitled to accrue during the leave year in which the donation is made.
TVA will accept the transfer of annual leave to approved TVA Leave Transfer Program recipients from donors employed by other federal agencies only if Corporate Human Resources or the manager’s designee, determines that one of the following criteria is met:An employee of another federal agency who wants to donate leave to a TVA employee/recipient should provide a letter or memorandum on the donating agency’s letterhead from its human resources office. This letter must state whether the donor is a family member of the TVA recipient, and also include the first four items of information stated in Section 10.6.2. This letter should be sent directly by the donor’s agency to:
- The donor is a family member of the leave recipient.
- In the judgment of TVA, the amount of annual leave transferred from TVA donors may not be sufficient to meet the recipient’s needs.
- In the judgment of TVA, acceptance of transfers from other agencies would further the purpose of the Leave Transfer Program. Leave from another federal agency which meets the above criteria will not be credited to the Leave Transfer account of a TVA recipient until the donor’s employing agency:
- Verifies the availability of annual leave in the donor’s annual leave account and determines that the amount of annual leave to be donated does not exceed the limitations specified under the law.
- Reduces the amount of annual leave credited to the leave donor’s annual leave account, as appropriate.
- Notifies TVA in writing of the annual leave to be credited to the recipient’s annual leave account.
Manager10.7.3 Transfer of Leave
Human Resources Information Services
Corporate Human Resources
400 West Summit Hill Drive, ET 8A
Knoxville, Tennessee 37902-1499
The actual transfer of leave will be indicated as “adjusted” annual leave hours on the donor’s biweekly earnings and deductions statement which shows leave data for the pay period in which the transfer was made. If the transfer cannot be made, the Form TVA 8335 will be returned to the prospective donor. If all hours requested cannot be donated, the Employee Accounting department will transfer any available hours (subject to the two-hour minimum), up to the number requested and return a copy of the form to the leave donor with appropriate notification.
10.8.1 Accrual of annual and sick leave in separate leave account10.9 Use of Transferred Annual Leave10.8.2 Use of annual and sick leave from separate leave account
- While in a transferred leave status, an employee continues to accrue annual and sick leave at the same rate as if the employee were in a paid leave status under the regular leave provisions. However, the maximum amount of annual and sick leave that may be accrued by a leave recipient while in a transferred leave status in connection with any particular medical emergency may not exceed 40 hours each of sick and annual leave. (In the case of part-time employees, the maximum accrual may not exceed the average number of hours in the employee’s weekly scheduled tour of duty.)
- Annual and sick leave accrued by an employee while in a transferred leave status is credited to annual and sick leave accounts separate from the employee’s regular leave accounts. When an employee either works and/or is in a paid leave status (i.e., uses regular paid leave) during pay periods in which the employee is also in a transferred leave status, the leave accrued will be prorated between the regular and the separate leave accounts.
Leave in these separate leave accounts is not available for use until one of the following events occurs (at which time the leave is transferred to the employee’s regular leave accounts):
- Termination of medical emergency. The leave in the separate leave account is transferred as of the beginning of the first pay period on or after the date on which the employee’s medical emergency terminates.
- Other leave is exhausted. If the employee’s medical emergency has not yet terminated, but the employee has exhausted all regular leave and transferred leave, the leave in the separate leave account is transferred to the regular leave account and becomes available for use for the medical emergency. (NOTE: Because the maximum amount of sick and annual leave that can be accrued while in transferred leave status during a medical emergency is 40 hours each of sick and annual leave, an employee whose leave is transferred from a separate leave account after regular and transferred leave has been exhausted, may not again build up the separate leave account to 40 hours if transferred leave is subsequently received and used. In such a case, the employee may only accrue in the separate leave account the remainder of the 40 hours of annual and sick leave which he had not yet accrued during the medical emergency. Example: Employee, a leave recipient, has 28 hours each in separate annual/sick leave accounts when he/she exhausts all regular and transferred leave. If the employee subsequently receives and uses additional transferred leave, he/she may only accrue up to another 12 hours each of sick and annual leave in that separate leave account.)
10.9.1 Leave Available Before Donations10.10 Termination of Medical Emergency
Any accrued annual leave balance (but excluding leave earned while in a shared leave status) shall be used by the recipient before any transferred annual leave. If the leave recipient is eligible to take sick leave for the medical emergency, any available sick leave must also be used before transferred leave.
10.9.2 Leave Usage
Generally, a leave recipient may use transferred annual leave under this instruction only for the purpose of a medical emergency for which the leave recipient was approved. Other restrictions on the use of transferred annual leave include:10.9.3 Leave Approval
- It may not be transferred to another leave recipient.
- It may not be included in a lump-sum payment for annual leave.
- It cannot be made available for recredit upon reemployment with another federal agency.
The approval and use of transferred annual leave is subject to all the conditions and requirements imposed by Chapter 63 of Title 5, United States Code, and OPM regulations.
The use of transferred annual leave is subject to supervisory approval. When circumstances warrant, a supervisor may require that the leave recipient provide sufficient advance notice of his/her use of leave. A supervisor may also require that a leave recipient provide appropriate documentation to support a request to use transferred leave.
An employee should use a Form TVA 6 to request time away from work for which he or she plans to use transferred leave.
It is within the supervisor’s discretion to approve requests to use transferred leave for any absence resulting from the medical emergency for which the employee was approved for the Leave Transfer Program.
10.9.4 Retroactive Application
Upon receipt by the Employee Accounting department of adjusting timesheets, annual leave transferred under this instruction may be substituted retroactively for periods of leave without pay (LWOP) taken on or after the beginning date of the medical emergency (as stated on the application). At the end of the emergency, any remaining transferred leave balance will be used to liquidate any remaining indebtedness for advanced annual or sick leave granted for the medical emergency on or after the beginning date of the medical emergency and through the actual termination date of the emergency.
The order of application of transferred leave will be as follows:In order for Employee Accounting to know how much transferred leave to retroactively substitute for leave without pay (taken because of the emergency), adjusting timesheets must be submitted showing changes from LWOP to annual leave with a notation that available transferred leave is to be applied retroactively. The timesheets must be signed by the employee, if available, and the employee’s supervisor to certify that the LWOP was granted on or after the beginning date of the personal emergency and such absence was necessary because of the emergency.
- First, applied toward current use after other available paid leave is applied as applicable.
- Second, applied retroactively for LWOP taken on or after the beginning date of the emergency (upon receipt of adjusting timesheets) in Employee Accounting.
- Third, used to liquidate any remaining balance of advanced leave taken on or after the beginning date of the emergency.
10.10.1 Determining Termination Date10.11 Restoration of Transferred Annual Leave
The leave recipient’s immediate supervisor and human resource representative are responsible for monitoring the status of the medical emergency affecting the leave recipient to ensure that the employee is still affected by it. When the medical emergency is terminated in accordance with the provisions stated in this section, the organization must notify the employee in writing that participation in the Leave Transfer Program is terminating. The organization is also responsible for timely notification to Employee Accounting of the date that a recipient’s medical emergency terminated.
The leave recipient’s medical emergency terminates when one of the following conditions occurs:10.10.2 TVA-Initiated Termination
- When the recipient’s employment is terminated by TVA, except as the result of a transfer to another federal agency, in which case the leave is transferred with the employee at the end of the biweekly pay period in which TVA receives notice from the leave recipient or his/her personal representative that the recipient is no longer affected by a medical emergency.
- When an emergency situation results in death. TVA will consider the medical emergency to have ended at the end of the pay period during which the family member died, or on the date of death when the deceased was the leave recipient.
- At the end of the pay period during which the recipient is notified by the Tennessee Valley Authority Retirement System (TVARS), the Civil Service Retirement System (CSRS), or the Federal Employees Retirement System (FERS) that his or her application for disability retirement has been approved. Employees must be separated from TVA in order to receive disability retirement payments, and therefore cannot participate in the leave Transfer Program after the effective date of retirement. However, an employee may use any donated leave which was already in his/her transferred leave account as of the date TVARS disability retirement was approved, to cover any nonpay status which occurred as a result of the medical emergency and prior to the date TVARS approved his/her disability retirement application.
- At the end of the pay period during which TVA receives written notice from the recipient (or his/her personal representative) that the recipient is no longer affected by the medical emergency.
- If the emergency situation has terminated (1) before the time the recipient applied for the program or (2) within 30 days of the date of agency approval, then the emergency will terminate (for purposes of transferring donations) at the end of the bi-weekly pay period which provides for at least 30 calendar days between the date of agency approval and the emergency’s termination.
- Even if the recipient notifies TVA before the 30-day following approval that he/she is no longer affected by a medical emergency, the emergency will terminate (for the purpose of transferring donated leave) at the end of the bi-weekly pay period which will allow at least 30 calendar days between the date of agency approval and the termination of the emergency. This is to ensure that all recipients have a fair opportunity to receive donations from coworkers.
If more than 30 calendar days has elapsed since the recipient was approved (and the emergency has not already been terminated under one of the above-stated provisions), the emergency terminates at the end of the pay period during which TVA determines that the recipient is no longer affected by the medical emergency. An employee’s return to work on a full-time basis will be presumptive evidence that the employee is no longer affected by the emergency. TVA may make this determination based upon information provided by the leave recipient or other sources.
TVA will not make a determination that the employee is no longer affected by a medical emergency, thereby terminating participation in the program, until at least 30 calendar days have elapsed since the date of approval. This is intended to ensure that all recipients have a similar opportunity to receive donations from coworkers.
If at any time an employee returns to work on a full-time basis but the circumstances of the medical emergency necessitate his or her continued participation in the program, the employee must notify the immediate supervisor upon returning to work that he or she wants to remain active in the Leave Transfer Program.
An employee’s request to remain in the Leave Transfer Program after returning to work must be accompanied by appropriate medical documentation that confirms the need for continued intermittent treatment or recovery. The documentation must support a definite, rather than speculative, need for treatment.
When TVA determines that the medical emergency affecting the leave recipient should be terminated, the human resource representative or immediate supervisor notifies the recipient in writing that participation in the program will terminate. If the recipient does not promptly respond to this notice that he or she desires to remain in the Leave Transfer Program, the organization then notifies Employee Accounting to terminate the participation.
Once Employee Accounting is notified, no further requests to transfer annual leave to the recipient can be processed. Requests to transfer leave received in Employee Accounting after that date will be returned to the donor unprocessed.
Unused transferred leave remaining to the credit of the recipient shall be restored to the original donors by Employee Accounting generally within two pay periods of its receipt of notification that the medical emergency has terminated. Annual leave shall be recredited to the donor’s leave account either in the current leave year or on the first day of the new leave year following the year in which the emergency ends. Employee Accounting shall notify the employee by memorandum of this choice at the time the leave becomes available for restoration. The employee shall have seven work days to notify Employee Accounting of the choice made. If timely notification is not received in Employee Accounting, the leave will be recredited to the donor’s leave account in the current leave year. A donor may elect to donate this leave to another leave recipient who is eligible to receive transferred leave.10.14 Authority
10.12 Prohibition of Coercion and Solicitation
An employee may not directly or indirectly intimidate, threaten, or coerce any other employee to receive leave donations. For the purpose of this section, the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as an appointment or promotion or compensation) or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
Under federal regulation, an employee is also prohibited from making or soliciting a contribution of leave from another employee for a gift to an immediate supervisor.
10.13 Other Sources of Information
- Human Resources Information Services
- Employee Accounting
- Employee Service Center - 1-888-275-8094
- 5 C.F.R. Part 630, Absence and Leave, Temporary Leave Transfer Program
- 5 U.S.C. Chapter 63
- United States Code, Title 5, Chapter 63, Leave
- Code of Federal Regulations, Part 630, Absence and Leave
- Federal Personnel Manual, Chapter 630, Absence and Leave
| Employee Relations Manual |
