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.