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Sick Leave

Legal Basis & Eligibility

Appropriate Use

Sick Leave for Family Care or Bereavement Purposes

Limitations on Use of Sick Leave for Family Care

Care for a Family Member with a Serious Health Condition

Medical Certificates

Adoption

Sick Leave Substitution

Unused Sick Leave

Restoration

Advancing

Legal Basis:
5 USC Chapter 63 (Section 6307-6312) & 5 CFR Part 630

Eligibility:

 

Permanent and temporary employees earn sick leave. Intermittent employees do not earn sick leave.

 

 Earning of sick leave is not affected by length of service. Full‑time employees earn sick leave at a rate of 4 hours for each full biweekly pay period.

 

Part‑time employees with an established tour of duty earn sick leave at a rate of 1 hour for each 20 hours of duty they are in pay status with a maximum of 4 hours of sick leave per pay period.

 

Employees on uncommon tours of duty accrue 7 hours of sick leave per pay period for a 72-hour workweek and 5 hours of sick leave per pay period for a 56-hour workweek.

 

Appropriate Use:

 Sick leave is appropriate for employee use in the following situations: 

1.      Employees needs to receive medical, dental, or optical examination or treatment.

2.      The employee is incapacitated for the performance of duties because of physical or mental illness, injury, pregnancy, or childbirth.

3.      The employee has or has been exposed to a communicable disease.

4.      Any purpose relating 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 the adoption to proceed.

Sick Leave for Family Care or Bereavement Purposes:

Federal employees may use a limited of sick leave for family care purposes, such as as:

  1. Providing care for a family member who is incapacitated as a result of physical or mental illness, injury, pregnancy, or childbirth.
  2. Providing care for a family member as a result of medical, dental, or optical examination or treatment; or
  3. Making arrangements necessitated by the death of a family member or to attend the funeral of a family member.

Family member is defined as an employee's spouse, and parents thereof; children, including adopted children, and spouses thereof; parents; brothers and sisters, and spouses thereof; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Limitations on Use of Sick Leave for Family Care

Employees may use the following amounts of sick leave each leave year for these purposes:

  1. 40 hours (5 workdays) if employee is a covered full-time employee. If the employee maintains a balance of at least 80 hours of sick leave, an  additional 64 hours (8 workdays) of sick leave may be used each year.
  2. Part-time employees and employees with uncommon tours of duty may use sick leave for family care and bereavement purposes. The amount of sick leave is pro-rated in proportion to the average number of hours of work in the employee's scheduled tour of duty each week.
  3. Only the first 40 hours of sick leave may be advanced, or a proportional amount for an employee on a part-time schedule or uncommon tour of duty.

Sick Leave to Care for a Family Member with a Serious Health Condition

Most Federal employees may use a total of up to 12 weeks of accrued sick leave each year to care for a family member with a "serious health condition."  The employee must maintain a balance of 80 hours of sick leave.

A serious health condition is not a short-term condition for which treatment and recovery are very brief. Unless complications arise, the following are not serious health conditions: the common cold, the flu, earaches, upset stomach, headaches (other than migraines), and routine dental or orthodontia problems.

PLEASE NOTE:  If an employee already used 12 weeks of sick leave to care for a family member with a serious health condition, the employee cannot use an additional 13 days in the same leave year for general family care purposes.

Medical Certificates

 

Employees are required to provide "administratively acceptable" evidence to their supervisor when requesting sick leave. 

 

Generally, employee's who are absent for less than three days may self certify as to the reason for the absence.

 

For an absence in excess of three workdays supervisors may require an employee to submit a doctor's certification of the medical reason for the leave or other satisfactory evidence as to the reason for the absence. 

 

If a supervisor has a reasonable basis to suspect an employee is abusing sick leave, the employee may be required to support all incidents of sick leave with a medical certificate.  This includes absences of less than three days.

Adoption

An employee may use sick leave for purposes related to the adoption of a child. Examples may include:

  • Appointments with adoption agencies, social workers, and attorneys;
  • Court proceedings;
  • Required travel;
  • Any periods of time the adoptive parents are ordered or required by the adoption agency or by the court to take time off from work to care for the adopted child; and
  • Any other activities necessary to allow the adoption to proceed.

Adoptive parents may not use sick leave to bond with or care for an adopted child if it not required by the adoption agency or court.  The employee is authorized to use annual leave for this purpose.

Sick Leave Substitution:
Sick Leave may be substituted for
Annual Leave when sickness occurs within a period of absence on annual leave.

Unused Sick Leave:
Employees are not paid for unused sick leave upon separation.

Restoration:
Sick leave is restored to an employee's account following a break in service without regard to the length of separation, if the employee returns to Federal employment after December 1, 1994.

Advancing:
Employees may be advanced up to 30 days of sick leave in cases of serious disability or illness.  The employee must meet the following conditions to have a request for sick leave considered:

  1. All available sick leave is used,
  2. The employee will return to duty long enough to earn the sick leave,
  3. Does not involve a Family Friendly Leave Act authority. (See note above)

The granting of advance sick leave is subject to approval by the appropriate management official in your Operating Administration.

The HR office and/or payroll office must be notified if an employee separates prior to repaying all advanced sick leave.