Fairchild DoD civilians can donate or receive leave through the Voluntary Leave Transfer Program > Fairchild Air Force Base > Article Display
The unavailability of orders on the front end of leave is one such example of "impossibility" that often plays out in reality and is not a basis for denying leave under USERRA. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. "You never know when bad things are going to happen," Mr. Bishop said. "Fairchild civilians have utilized this program. About four to six of our employees have used this program over the last couple of years. – it really is a great program for our civilian force." For more information about donating leave or qualifying to be a recipient of leave donation, contact your local human resources team for options.
Rock Island, Ill.– While the world was rocked by the COVID-19 pandemic and the focus of health care centered on trying to contain the rapid spread of the virus, the Veterans Administration announced the U.S. Food and Drug Administration lifted restrictions on certain military families and civilians previously banned from donating blood. If this matter cannot be settled at the local level, it should be referred to the head of the operating unit for further action. Employees with temporary appointments of less than one year, with temporary appointments not to exceed one year, or with intermittent work schedules are not entitled to military leave. To donate leave, contributors can select the "Donate to Leave Bank” tab in the left hand navigation bar in the Integrated Time and Attendance System . “We require that an individual donate leave to a specific individual,” Moss said.
They are also a primary provider for blood donations in the Rock Island Arsenal and Quad Cities areas of Illinois and Iowa. You’ve made the decision to leave the military, now it’s time to make the most of it. Returning to civilian life can be a big change — but like most things, a little planning can go a long way.
If disapproved, the agency must give the reason for its disapproval. The name, position title, and grade or pay level of the potential leave recipient. Funeral Honors Duty is an approved absence from official duty, with pay, to perform at the funeral of a veteran. Funeral ceremony duties include the folding of a United States flag and presentation of the flag to the veteran’s family and the playing of Taps.
The excused time for this purpose shall not exceed one day, including travel time. This type of military leave is not charged for weekends and holidays. Under USERRA and its enforcing regulations, the voluntary or involuntary nature of a leave is irrelevant, and the burden to the employer does not provide a justification to discharge or refuse to reemploy the service member. In sum, at this time, a so-called "USERRA abuse" defense is not readily available to employers.
- When an employee transfers from one Federal agency to another, any unused military leave authorized under 5 U.S.C 6323 is credited to the employee for use during the remainder of the FY and for carryover into the succeeding FY, as appropriate.
- Medical reasons that would qualify for donated leave include receiving cancer treatments, an injury that requires short-term care and providing care for a Family member who has a medical condition that requires assistance from a civilian employee.
- When an employee transfers from one Federal agency to another, any unused military leave under 5 U.S.C 6323 or is available to the employee for use during the remainder of the CY.
- “That valid medical reason for being out of work is what’s requiring you to use up all of your sick and annual leave,” Moss said.
- This type of military leave is limited to serving in a parade or encampment, or drills and training under the authority of the Commanding General of the DC National Guard.
The leave is not “credited or entered” in the employee’s leave record of the time and attendance report. However, as each hour is reported as used, the balance of what has been used will be reflected in the leave record. The agency must monitor the status of the medical emergency to ensure that it continues to affect the leave recipient. When the medical emergency terminates, the agency may not grant further requests for transfer of annual leave to the leave recipient. The VLTP is set up for federal civilian employees who have exhausted their annual and sick leave for justified medical reasons, said Michele Wilcox, Fort Carson civilian payroll customer service representative.
Fairchild DoD civilians can donate or receive leave through the Voluntary Leave Transfer Program
A reserve component service member on full-time military orders does not get time off, in theory. Even if a service member has downtime during the duty day, that service member is still in a duty status. A potential leave donor must have a sufficient number of hours of accrued annual leave in order to donate leave.
The military does not issue orders for routine drill periods, so a request for orders will find the employee empty-handed. In lieu of orders, units typically provide drill schedules for each fiscal year for IDT periods. The employee’s drill schedule should also have a point of contact so that the employer may reach out to the unit with any questions. If the drill schedule does not identify a POC and the employer has reason to question the employee’s service obligation, the employer may consider asking the employee to provide information as to whom in the military reporting chain the employer can direct questions.
Bureaus or operating units have the discretion to continue to pay the employee the full Federal civilian pay during the 22 workdays of military leave. However, at the end of the 22-day period of military leave, the employee must refund an amount equal to the amount of military pay received up to the amount of the Federal civilian pay for the time period that corresponds to the 22 workdays of military leave. Part-time employees and employees on uncommon tours of duty accrue military leave on a prorated basis, proportional to the number of hours in the employee’s regularly scheduled biweekly pay period. Leave of Absence for Military Duty means military leave, annual leave, accrued compensatory time, LWOP, or any combination of these, depending on the circumstances and nature of the military duty. Even though an employee may not be affected currently by a medical emergency, an agency may deem a medical emergency to continue for the purpose of providing a leave recipient time to receive adequate donations of leave . But for the program to be successful, there’s a need for federal civilian employees to donate leave to VLTP.
An example of a potential conflict might be if an employee suffered an injury during the period of dual military and civilian employment. The employer would have to determine if the injury was caused on the job for workers’ compensation purposes. According to program officials, employees must also provide a description of the hardship along with documentation from a health care provider and consent to the release of this information to those involved in the review process. A leave donor can opt to have this leave restored during the current leave year or the next leave year, or can donate all or part of the leave to another leave recipient. Any additional information required by the potential leave recipient’s employing agency.
The military, meanwhile, would be tasked with determining whether the injury was service connected and sustained in the line of duty. Determining the precise origins of the injury in this scenario could be a near-impossible task for both the military and the civilian employer because the employee was working for both entities simultaneously. Only annual leave and restored annual leave may be donated to the Leave Bank. Federal employees may only carryover 240 hours of annual leave from year to year. Any hours over the 240 hour maximum are considered Use-or-Lose hours. Any Federal civilian employee can donate leave, including those in other agencies.
“That valid medical reason for being out of work is what’s requiring you to use up all of your sick and annual leave,” Moss said. To be accepted into the VLTP, an individual will need a physician’s note to verify a medical need, said Clinton Moss, the VLTP program administrator and a human resources assistant with CPAC. Making the transition into civilian life is exciting, but does take preparation. You might have spent many an hour already thinking about where you want to live when you get out.
Military OneSource has the information you need to have a smooth military separation and a successful return to civilian life. However, the reemployment protections under USERRA are not absolute. An employee does not have reemployment rights if the civilian employment was for a brief, nonrecurrent period, and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period. Neither the statute nor the applicable regulations adequately define what constitutes a "significant period." In addition, the regulations arguably are unclear as to whether the "reasonable expectation" of continued employment is a belief held by the employee or the employer. It is hard to imagine a scenario in which an employee could perform a full-time civilian job without creating conflicts.
This type of military leave is for active duty without pay for participation in noncombat operations outside the United States, its territories, and possessions. This military leave is not appropriate for extended active duty in connection with the current national emergency resulting from the terrorist attacks on the World Trade Center and the Pentagon. While most employers have probably handled numerous leave requests related to pregnancy, disability, or illness, employers are perhaps less likely to encounter requests for USERRA leave. Less than one percent of the population serves in the United States military, with approximately 1.3 million active duty personnel and 802,248 active reserve component members from all branches combined. Air Force employees are allowed to make leave donations of annual leave to employees in their own agencies or other agencies who are affected by major disasters and other emergencies. Employees affected by major disasters may also be able to use leave donated under the VLTP.
An employee should apply in writing to his or her agency to become a leave recipient. (See "Forms" below for an optional application form.) If the member is not capable of making written application, a personal representative may make the application on behalf of the employee. Moss said he reviews the OPM Form 630 along with an individual’s medical documentation to ensure there’s a valid need to receive donated leave.
This also allows employees receiving such donated leave to use it before exhausting their own accumulated annual and sick leave. In any leave year, an employee may donate not more than one-half of the amount of annual leave he or she would accrue during the leave year. An employee with "use or lose" annual leave may donate the lesser of one-half of the annual leave he or she would accrue in a leave year or the number of hours remaining in the leave year for which he or she is scheduled to work and receive pay. These limitations apply to a combined total amount of annual leave donated by an employee under the VLTP and an agency leave bank program. Each agency must establish written criteria for waiving the limitations on donating annual leave. When an employee transfers from one Federal agency to another, any unused military leave authorized under 5 U.S.C 6323 is credited to the employee for use during the remainder of the FY and for carryover into the succeeding FY, as appropriate.
“To be eligible to receive leave, employees must submit an application to a first-level supervisor,” said Aguiar. One recommendation is for civilians to donate some of their use-or-lose leave before December. This is a way to help others since it’s estimated that thousands of hours go unused every year, Wilcox said.
Other Available Leave Options and Work Schedule Flexibilities
Hours in the regularly scheduled workday that are not chargeable to military leave must be worked or charged to another category of leave; e.g., annual leave, LWOP, compensatory time, as appropriate. Time off must be granted to employees for the purpose of a physical examination incidental to entry into the armed forces or in connection with member-ship in a reserve component of the Armed Forces or the National Guard. In the event that the absence exceeds one workday, the employee will be required to submit a statement showing the necessity for such additional absence. Leave in set-aside accounts is not available for use by the employee until transferred to the employee’s regular leave accounts.
Full-time employee may accrue 352 hours of military leave under this authority. Unused military leave may not be carried over into a succeeding CY year. Full-time employee may accrue 176 hours of military leave under this authority. Unused military leave may not be carried over into a succeeding CY year; each CY starts with a zero balance. Military leave is time off with full pay for certain types of active or inactive duty in the National Guard or as a Reservist of the Armed Forces.