CHAPTER 1. TIME AND LEAVE AND CODING OF TIME AND ATTENDANCE REPORTS
SECTION 101.00 GENERAL
101.01 SCOPE OF CHAPTER
This chapter contains the VA instructions with regard to leave credits and charges, time and attendance reporting, and related matters pertaining to all VA employees. This chapter incorporates the material formerly published as chapter 1 and DM&S Supplement to MP-4, part II, and is modified to [provide field facility personnel with technical guidance and working knowledge of the policy and procedures that have been established for recording time and leave data and processing pay under a centralized computer system located at the Veterans Affairs Data Processing Center, Austin, Texas.]
101.02 REFERENCES
a. Title 5, United States Code
b. Title 38, United States Code
c. GAO Policy and Procedures Manual for Guidance of Federal Agencies
d. Federal Personnel Manual
e. Related personnel instructions in MP-5 and corresponding departmental supplements.
101.03 FORMS AND DOCUMENTS
The forms and documents listed below are generally used in time and leave matters:
Number Title
[SF 50B Notification of Personnel Action
SF 52 Request for Personnel Action
SF 71 Application for Leave
SF 1150 Record of Leave Data
VA Form 4-5283 Weekly Attendance Record (Flexitime)
VA Form 4-5631 Time and Attendance Report
VA Form4-5631a Subsidiary Time and Attendance Report-Part-Time
Physicians]
101.04 BASIC RECORDS AND FILES
There are listed below the basic records and files to be maintained in the Employees Accounts Section incident to time and leave matters. Filing methods adopted by field stations should be appropriate in character, talking into account general use and auditing requirements.
Number Title
[VA Form 4-5283 Weekly Attendance Record (Flexitime)]
VA Form 4-5631 Time and Attendance Report File
VA Form 4-5631a Subsidiary Time and Attendance Report- Part-Time
Physicians
SECTION 102.00 TIME AND ATTENDANCE REPORTING
102.01 AUTHORITY AND RESPONSIBILITY
a. [Facility] Director. It is the responsibility of the [facility] Director to insure that payroll data is submitted promptly to the data processing center. To carry out this responsibility, he/she must rely upon timekeepers and supervisors for timely submission of time and leave data to the Fiscal Division; however, this is not to be construed as relieving the [facility] Director of his/her ultimate responsibility.
b. Employees Accounts Section
(1) General. The Employees Accounts Section is responsible for the proper preparation and maintenance of time and leave records of all VA employees. The Employees Accounts Section will also be responsible for assigning a numerical designation for each Time and Leave Unit. This number cannot exceed three digits. IN NO CASE CAN THE NUMBER 999 BE USED.
(2) Supervision. The Employees Accounts Section is responsible for conducting initial training of newly appointed unit timekeepers within 30 days of their appointment. Thereafter, on an annual basis, they shall conduct refresher type training programs for all unit timekeepers. Additional training should be provided when determined to be necessary for the purpose of maintaining the highest possible degree of proficiency in all timekeeping and leave recording matters. Such responsibility includes the dissemination, interpretation, and explanation of all new instructions and procedures relating to time and leave matters to unit timekeepers as frequently as necessary. Since the receipt of time and attendance cards within specific deadlines must be enforced, the Fiscal Officer has the authority to recommend that tours of duty of unit timekeepers be changed when they cannot meet set deadlines. The Employee Accounts Section has the authority to recommend the revocation of a designation of a timekeeper when considered necessary for effective and efficient timekeeping. The recommendation will be made to division or service chiefs, through the Director, over the signature of the Fiscal Officer.
(3) Desk Audits. The Employees Accounts Section has the authority and responsibility to perform periodic desk audits of all timekeepers on a seminannual basis, or more frequently where indicated, in accordance with the management improvement program involving all aspects with respect to the preparation and maintenance of time and attendance reports, and any records subsidiary thereto, handled by unit timekeepers. When desk audits reveal unsatisfactory timekeeping practices and conditions, a report will be made to the timekeeper's [supervisor], through the Director and over the signature of the Fiscal Officer.
c. Unit Timekeepers
(1) General. The unit timekeepers are responsible for the preparation, maintenance and timely submission of time and attendance reports for each affected employee whose record has been assigned to their jurisdiction. Generally, a unit timekeeper or an alternate timekeeper will not be permitted to maintain his/her own time and attendance report. Exceptions may be made in those instances where it has been determined that this is an impractical requirement due to such factors as a lack of clerical personnel, leave status of the unit timekeeper or the alternate timekeeper, etc. Payments of salaries are based on these records. Initialing of time and attendance reports indicates that they properly reflect the true status of the employees involved. The timekeeper must have personal knowledge when each employee is on duty and when he/she is on leave or rely upon properly certified subsidiary records. The unit timekeeper is responsible for keeping his/her alternate fully and completely informed as to the location of the time and attendance reports, subsidiary records, manuals and written instructions since they must be accessible at all times.
(2) Assignment. The designation of an employee as a unit timekeeper will be made by the Director, [Associate and/] or Assistant Director, or this function may be delegated to service [or] division chiefs. The designation of the unit timekeeper will be routed to the Fiscal Officer for his/her concurrence and will indicate such designation(s) and the effective date of same. The employee will be designated by name, rather than title. The designation will be forwarded to the Employees Accounts Section for filing. The selection of timekeepers will be restricted to persons who are completely reliable, stable in their positions and worthy of the responsibility placed upon them. The selection will be restricted to those employees who are in a position to devote the necessary time to the function at the start and end of their regular tour of duty. Supervisors must provide for and allow the timekeepers sufficient time to post the time and attendance records properly. In no case should the function become "full time," since the number of employees whose attendance a unit timekeeper can personally observe at the start of a tour of duty is limited. There will be available at all times one or more employees within the section, unit, or group trained as a unit timekeeper who will act in the absence of the designated unit timekeeper. Designation and selection of such alternate unit timekeeper will be in accordance with the foregoing procedure for unit timekeepers.
(3) Supervision. The unit timekeeper, while performing the job of maintaining time and leave records, is under the supervision of his/her own organizational element. However, direct supervision of the unit timekeeper by the Employees Accounts Section will be exercised in those matters pertaining to timekeeping and leave recording matters. Accordingly, the unit timekeeper will usually seek answers to specific questions with respect to the latter functions from the payroll clerk in the Employees Accounts Section who has the responsibility for the time and attendance reports for his/her own organizational element.
d. Alternate Unit Timekeepers. Alternate Timekeepers must assist in the maintenance of time and attendance reports often enough that they are qualified to keep time independently when required to do so. In addition, the alternate timekeeper will generally maintain the time and attendance report of the designated unit timekeeper. (See subpar. c(l) above.)
[102.02 NOTIFICATION TO UNIT TIMEKEEPER OF NEW EMPLOYEE
When a new employee is placed on facility rolls, the personnel office will initiate and complete heading (including effective date in "Remarks" section) of the first time and attendance report, except "T&L Unit." They will forward this first time and attendance report to the appropriate unit timekeeper.]
102.03 DUTIES
a. Employees Accounts Section
(1) Each payroll clerk will have a thorough knowledge of all regulations and directives pertaining to time and leave, including Executive orders, Office of Personnel Management regulations, decisions of the Comptroller General, regulations of the General Accounting Office, and the regulations, procedures, and policies of the VA with reference to time and leave activities.
[(2) Each payroll clerk will be responsible for the following:
(a) Uniformity in the correct preparation and maintenance of time and attendance reports (VA Form 4-5631);
(b) Performing a cursory review of time and attendance reports at the close of biweekly pay period and, prior to processing for pay purposes, to insure mathematical accuracy and proper certification. With respect to the latter, VA-Forms 4-5631 which have not been certified will not be processed for payment until proper signature has been secured.
(c) Performing a post-submission audit of time and attendance reports after processing for pay purposes in order to ascertain that leave was charged properly, and that postings affecting pay are legal, and that required remarks are reflected.
(d) Performing desk audits of unit timekeepers that are to be conducted in accordance with subparagraph 102.01b(3).]
b. Unit Timekeeper. The unit timekeeper will be responsible for the following duties.
(1) Posting daily attendance and leave information to VA Form 4-5631. Posting of commission sales for employees of the Veterans Canteen Service must be supportable by total appearing on corresponding VA Form 10-5011. Where subsidiary records are used, daily posting to VA Form 4-5631 will still be required.
(2) Preparing the second VA Form 4-5631 for new employees. (Personnel will prepare the first VA Form 4-5631 for a new employee and forward [it] to the unit timekeeper.)
(3) Maintaining time and attendance reports for employees whose duty station is other than his/her official station. Under the PAID system it is optional whether the time and attendance report is maintained at the [parent facility] or the station other than his/her official station. If the employee is not located sufficiently near his/her supervisor to apply for leave in person, he/she will complete and forward an SF 71 immediately.
[(4) When it becomes necessary to correct a VA Form 4-5631 during the current pay period, the unit timekeeper will neatly line through the original entry and insert the correct data. The timekeeper will then initial the line-out. The use of correction fluid or tape and erasures (which obliterate the original entry) is strictly prohibited.
(5)] Having employees certify absences (including compensatory time off), except AWOL and "official leave" by initialing VA Form 4-5631 in the appropriate column. (When SF 71, Application for Leave, is used, see par. [105.18.]
[(6)] Coding of time and attendance reports. [Specific] coding instructions are contained [in section 107.00 of] this manual.
[(7)] Comparing VA Form 4-5631 with this checklist to insure completeness prior to certification:
(a) Time in pay status is posted correctly.
(b) "Time Absent" for part of a day is posted in "From" and/or "To" columns.
(c) All "Time Present" is properly posted.
(d) That absences are initialed, as appropriate, or that a proper SF 71 is on file.
(e) HOURS OF DUTY IF N/D OR OTHER THAN REGULAR (administrative day tour) is posted when applicable in "Irregular Tours" column (all other tours).
[(f) That a "Leave Record Memo" is properly maintained for marginal leave accounts (ie., balance of 80 hours or less) in order to prevent overdrawn leave.
(g) That errors, if any, made in posting and/or coding are lined through neatly and the correct data is inserted and initialed by the timekeeper. Erasures, the use of "white out," etc. are strictly prohibited.
(h) That necessary "Remarks" are posted when required.
(8)] Initialing and securing the section, unit, or group supervisor's certification as to the correctness of information on VA Form 4-5631.
[(9)] DELIVERING VA FORMS 4-5631 TO THE EMPLOYEES ACCOUNTS ACTIVITY BY 9 AM. ON THE FIRST MONDAY MORNING FOLLOWING THE CLOSE OF THE PAY PERIOD. THERE ARE NO EXCEPTIONS TO THIS RULE. In areas where all or most of the biweekly tours of duty end by 4:30 p.m. on the last Friday in the pay period, it is permissible, at the discretion of [facility] management, for the timekeepers to complete and deliver the VA Forms 4-5631 to the Employees Accounts activity by Friday, 2 p.m. or earlier if possible. [Facility] employees planning to take leave on the last Friday of the pay period must report to the timekeeper prior to taking leave in order that the leave may be posed and initialed. If all emergency requires an employee to take leave Friday afternoon after the cards have been delivered to the Employees Accounts activity, it will be necessary to submit a corrected time attendance report. In field [facilities] not having a Fiscal office, [one timekeeper will be delegated the responsibility to assemble, mail and/or deliver all completed (including coding) VA Forms 4-5631] for [facility] employees. GPO Print Order 26825 567f(194) manuscript pages 15 thru 22a.
[(10)] Notifying the personnel office as soon as it becomes known that an employee has been or will be in a nonpay status for 7 consecutive days or more so that the personnel office, or unit timekeeper [ ] may furnish the employeee an SF 8, Notice of Federal Employee About Unemployment Insurance, depending on which of the practices, as set forth in MP-5, part I, chapter 850, paragraph 6, has been adopted by the facility.
c. Supervisors. Supervisors are responsible for administering the leave policies and regulations for employees under their supervision. This includes but is not limited to:
(1) Insuring that the unit timekeepers are promptly notified concerning matters that must be known in order to maintain accurate and complete time and leave records.
(2) Insuring that the unit timekeepers have sufficient time for daily maintenance of VA Forms 4-5631, and for completing these records at the end of the pay period in sufficient time to assure their delivery no later than 9 a.m. on Monday morning following the end of the pay period.
(3) Certification of VA Forms 4-5631 as to correctness of information. Determining that every report is certified and they are promptly delivered to the Employees Account Section.
102.04 TIME AND ATTENDANCE REPORTS
a. VA Form 4-5631, Time and Attendance Report
(1) Authority. The provisions of General Accounting Office, GAO Manual for Guidance for Federal Agencies, title 6, require that there shall be established each pay period for each employee a standardized stock form of time and attendance report to be administratively maintained by designated employees having supervision over duty attendance. In this respect, VA Form 4-5631, Time and Attendance Report, serves as the official time and attendance record for all VA employees including purchase and hire of employees.
(2) Privacy Act. The Time and Attendance Report (VA Form 4-5631), as well as the information contained on this report, is protected by the Privacy Act. The report is specifically identified as part of the system of records "Personnel and Accounting Pay-VA" (27VA047). Since this information is protected under the Privacy Act, timekeepers and their supervisors must be extremely careful about releasing these reports or any information that is derived from them. Specifically, only the timekeeper who is responsible for the maintenance of a specific VA Form 4-5631 should have access to the form. In addition, the employee that the report pertains to, as well as the employee's supervisor who must certify the report, can review it. [VA Form 4-5631 should only be duplicated for purposes consistent with the Routine Uses of Records, found under 27VA047. VA Form 4-5631 may also be duplicated when an employee has given his/her written approval for release.
In each instance that photo copies of T&A Reports are requested, the request must be in writing and identify the employee involved, the specific pay period(s) requested, and the reason that the copies of the T&A Reports are required. The signed memorandum should be filed in the employee's payroll folder to substantiate the release of the T&A Reports. Furthermore, any report derived from this form, such as listings of employees used to verify their current addresses, should be kept by the timekeeper and never circulated to employees for independent review.]
(3) Use of Subsidiary Records. VA Form 4-563l is a preprinted, computer-generated form and is the official record used for time, attendance, and leave for all employees on the rolls. No other record is required; however, when a subsidiary record is used, it must bear the signature of a responsible employee who has full knowledge that the employees whose names appear thereon have performed the hours or days of duty for which credited, or the hours or days charged for absence from duty. Postings to VA Form 4-5631 based on a subsidiary record will in no way lessen the responsibility of the officer certifying to the correctness of VA Form 4-5631 to the effect that the information reported thereon is complete, factual, and accurate in all aspects.
(4) Home Leave. Recording of accruals and charges to home leave will be maintained locally. The "Remarks" section of VA Form 4-5631 may be used.
b. VA Form 4-5631a, Subsidiary Time and Attendance Report-Part-Time Physicians
(1) Authority. A letter from the U.S. General Accounting Office dated May 5, 1980, approved the use of VA Form 4-5631a, Subsidiary Time and Attendance Report-Part-Time Physicians, for use by affected part-time physicians to record their own time and attendance data on a daily basis.
(2) Preparation of VA Form 4-5631a. Prior to the beginning of each biweekly pay period, two VA Form 4-5631a (one for each week in the pay period) will be prepared for each affected part-time physician who is rendering service to the VA. The unit timekeeper will be responsible for completing the block entitled "Name of Employee" as well as other items on the same line. Based on information provided by the employee's supervisor, the unit timekeeper will then complete the columns headed "Scheduled Tour" and "Core Time" by entering the employee's prescheduled tour of duty as well as that portion of the employee's biweekly tour of duty which has been identified as "core time." This will be accomplished by making appropriate entries in the columns headed "Hrs.", "From" and "To" for each day on which the part-time physician is scheduled to perform duty. The two forms will then be delivered to the employee for the daily recording of his/her duty and leave hours for each week in the biweekly pay period.
(3) Verification of VA Form 4-5631a and Recording Onto VA Form 4-5631
(a) Upon receipt of the properly completed and certified VA From 4-5631a from the employee's supervisor, the designated timekeeper will ascertain that the specified "core" hours were worked, or that an appropriate leave charge was noted. It must also be determined that the "normal" hours have been accounted for by duty or appropriate leave charges. In the absence of this data, the form will be returned to the supervisor for corrective action.
(b) After verification of VA Form 4-5631a, the unit timekeeper will immediately record the data onto the official Time and Attendance Report. VA Form 4-5631. When this action has been completed, the unit timekeeper will enter his/her initials in the designated block on the VA Form 4-5631a an indication that all required entries for that week have been recorded on VA Form 4-5631.
(c) After all entries have been recorded on VA Form 4-5631 for both weeks in the biweekly period, the unit timekeeper will enter his/her initials in the usual manner and deliver the form to the employee's supervisor for final certification. Thereafter, but no later than 9 a.m. on the Monday following the close of the biweekly pay period, the VA Form 4-5631 will be delivered to the Payroll activity for payroll processing in the usual manner.
(d) VA Forms 4-5631a will be filed in a folder by leave year and retained by the unit timekeeper for disposal after GAO audit or when 3 years old, whichever is sooner.
SECTION 103.00 LEAVE CREDITS AND CHARGES
103.01 DEFINITIONS
a. Absence Without Leave (AWOL). A period of nonpay status from duty, for which the employee did not obtain prior approval for such absence, or for which a request for leave (including leave without pay) has been denied.
NOTE: Deduction of pay for a fractional part of an hour of AWOL status will be in multiples of 15 minutes, odd minutes of 7 or less being disregarded, and those of more than 7 minutes regarded as 15 minutes. It must be recognized, that although these unexcused absences of 7 minutes or less are disregarded for pay purpose they are recorded in the "Remarks Section" of the VA Form 4-5631, indicating the date and time of absence, and a brief explanation such an "unexcused tardiness".
b. Accumulated Leave. The unused leave remaining to the credit of an employee at the beginning of a leave year.
c. Accrued Leave. The leave earned by an employee during the current leave year that is unused at any given time in that leave year.
d. Annual Leave. Leave of absence with pay allowed employees for personal, emergency and other purposes.
e. Biweekly Pay Period. A biweekly pay period consists of 2 consecutive calendar weeks (beginning on as designated Sunday). Pay periods are numbered consecutively, beginning with the first full biweekly pay period in the calendar year.
f. Break in Service for Leave Purposes. Any period of 1 or more workdays during which a former employee is not carried on the rolls of any Federal agency.
g. Contagious Disease. A disease which is ruled as subject quarantine, requires isolation of the patient, or requires restriction of movement by the patient for a specified period as prescribed by the health authorities having jurisdiction.
h. Employment Status. Any period during which an employee is carried on the rolls of the employing agency.
i. General Schedule (GS) Employee. For the purposes of this chapter, a GS employee means an employee compensated under the GS salary system. This includes personnel compensated under the Performance management and Recognition System and personnel appointed under 38 U.S.C. 4101(3). The term also includes graduate nurse technicians, nurse technicians pending graduation, graduate physical therapists, graduate practical/vocational nurses, graduate occupational therapists, graduate pharmacists, and medical support personnel appointed under 38 U.S.C. 4114(a)(1)(A), as well as the Directors of the Pharmacy, Dietetics and Chaplain Services in VA Central Office.
NOTE: Graduate nurse technicians and nurse technicians are paid premium pay under Title 38, but they earn leave under Chapter 63 of Title 5. Also, the Directors of Pharmacy, Dietetics and Chaplain Services earn leave under Chapter 63 of Title 5, but are not entitled to premium pay, since they are employed on a 7-day a week, 365 days a year basis.
j. Hours of Duty. For complete definitions of workweeks, as well as the establishment of same, see VA Manual MP-5, part I, chapter 610, and FPM (Federal Personnel Manual) chapter 610.
k. Intermittent Employees. Those employees with no regular hours of duty scheduled in advance. They perform duty according to the needs of the employing service. They do not earn leave since they have no regular scheduled tour of duty.
l. Leave Earning Status. All periods of employment during which an employee is entitled to receive pay, including periods of authorized leave without pay, and including accumulated periods of authorized LWOP and/or AWOL of less than 80 hours.
m. Leave Without Pay. LWOP is a temporary nonpay status and absence from duty, grunted upon the employee's approved request.
n. Leave Year. A leave year begins on the first day of the first full biweekly pay period in a calendar year and ends on the day preceding the first day of the first full biweekly pay period in the following calendar year.
o. Medical Certificate. A written statement signed by a registered practicing physician or other practioner certifying to the incapacitation, examination, or treatment, or to the period of disability while the patient was receiving professional treatment.
p. Military Leave. Leave of absence with pay allowed for employees who are members of the reserve or National Guard to perform active military duty or military training duty (excluding week-end drills).
q. Nurse. For the purposes of this chapter a nurse means a registered nurse, nurse anesthetist, physician assistant (PA) or expanded function dental auxiliary (EFDA) appointed under 38 U.S.C. 4104(1) or 4114(a)(1)(A). It also includes personnel appointed under 38 U.S.C. 4104(3) who are paid premium pay on the same basis as registered nurses. A nurse does not include the Deputy Assistant Chief Medical for Nursing Programs who is appointed under 38 U.S.C. 4103.
NOTE: The personnel appointed under 38 U.S.C. 4104(3) who are paid premium pay on the same basis as registered nurses continue to earn leave under Chapter 63 of Title 5, U.S.C.
r. Part-Time Employees. Those employees who are appointed for less than full time and also have a regular scheduled tour of duty which is less than full time.
s. Pay Status. All periods of employment during which an employee is in a duty status for which he/she is entitled to receive pay. Includes all periods during which prescribed duties are perfomed for which pay is authorized and periods of authorized annual and sick leave, and excused leaves of absence or absences without charge. Periods of authorized LWOP or AWOL are not for inclusion in the period of pay status. (Deduction of pay for a fractional part of an hour of AWOL status will be in multiples of 15 minutes, odd minutes of 7 less being disregarded and those of more than 7 regarded as 15.)
t. Sick Leave. Leave of absence with pay allowed for employees when the employee is physically incapacited for the performance of duties; receives medical, dental or optical examinations or treatment; or is required to give care and attendance to a member of his/her immediate family who is afflicted with a contagious disease.
u. Workday. Those hours which comprise in sequence the employee's regular daily tour of duty within any 24-hour period, whether falling entirely within 1 calendar day or not. (It is to be noted that a workday consists of the number of hours for which an employee is scheduled; it need no necessarily 8 hours.) For the effect of a workday covering portions of 2 calendar days in connection with legal holidays, see paragraph 105.07.
v. Veterans Canteen Service Commission Employees. Certain employees of the Veterans Canteen Service (barbers, beauticians, and watch repairmen) receive payment based on a percentage of their sales rather than a fixed annual or hourly rate of pay. These employees are in the PAID system under pay plan "U" and pay basis "P." The percentage rate used in computing payment for these employees is in the PAID master record, as well as an hourly rate used to compensate these employees is in the PAID master record, as well as an hourly rate used to compensate these employees for periods of absences with pay. Entries representing sales, on the reverse of VA Form 4-5631, must be made at intervals no less frequent than that specified by the Director of the Veterans Canteen Fields Office having jurisdiction over the canteen concerned. Commission sales reflected on VA Form 4-5631 will reflect sales made in that pay period only. Under no circumstances will sales occurring in one pay period be reflected on the VA Form 4-5631 applicable to another pay period.
103.02 LEAVE CREDITS
a. [General Schedule Employees]
(1) General. Leave will accrue and be credited for each full biweekly pay period as indicated in the paragraphs which follow. No leave of any kind will be credited for any period less than a full biweekly pay period of employment (80 hours in a leave-earning status for full-time employees, and not in excess of 80 hours in a pay status for eligible part-time employees) except under the following circumstances, when leave, both annual and sick, will be credited on a prorata basis for fractional pay periods occurring within the continuity of employment: (1) Employee transfers between positions with different pay periods; (2) immediately prior to or following a period when employee was (2) either receiving disability compensation under 5 U.S.C. ch. 81; or (b) employee exercises statutory or regulatory restoration rights after service in the Armed Forces. An employee serving under an appointment which is limited to less than 90 calendar days will not accrue annual leave. If such an appointment is extended for another period of less than 90 days, annual leave will begin at such time as the employee has completed 90 consecutive calendar days on the rolls. If such an appointment is extended for a period of 90 calendar days or more, or the limitation is removed, annual leave accrual will commence on the first day of the first full pay period following such action. Upon actual completion of 90 calendar days of service, the employee will be entitled to annual leave retroactively for those full pay periods previously excluded from leave accrual. The 90 calendar days may be served in either single or successive appointments. Unused sick leave may be recredited upon reemployment on or after January 9, 1962, provided the break in service was not in excess of 3 years. The above provisions are applicable to both full- and part-time employees.
(2) [Leave Accrual Rates for Full-Time Employees with a 40-Hour Workweek.] All full-time employees, except purchase and hire employees engaged on construction work at hourly rates, will accrue and be given credit for annual leave on a graduated basis in accordance with their "leave group number," which is determined on the basis of the total years of creditable civilian and military service rendered, as defined in FPM, chapter 630, and will accrue sick leave without regard to length of service as follows:
ANNUAL LEAVE
Hours Credit
Group Creditable Service Per Pay Period
1 Employees with less than 3 years' service 4
2 Employees with 3 but less than
15 years' service 6*
3 Employees with 15 or more years's service 8
*10-hour credit for last full pay period in
calendar year.
SICK LEAVE
Group Creditable Service Hours Credit Per Pay
Period
1 2 3 All employees 4
[ ] In Receipt of Disability Compensation From Office Workers Compensation Program. Employees in receipt of disability compensation are not entitled to earn leave (29 Comp. Gen. 73). However, an employee is entitled to receive pro rata credit of leave for that part of a pay period when he/she is not receiving compensation under 5 U.S.C. ch. 81 (32 Comp. Gen. 310).
EXAMPLE: An employee in a leave-earning status for 60 hours in a pay period before entering Office of Workers Compensation Program benefits rolls; the normal biweekly credit for annual leave is 6 hours. This is computed as 60/80 or 3/4 x 6, equaling 4 1/2 hours. The credit would be 5 hours. For fractions of exactly 30 minutes, credit as 1 hour. Less than 30 minutes is disregarded. The same procedure applied to sick leave (60/80 or 3/4 = 3 hours). The same procedure will be used on return of the employee during a pay period.
[(3) Leave Accrual Rates for Full-Time Employees with Workweek in Excess of 40 Hours (Firefighters). See paragraph 103.03a(5).
(4)] Part-Time Employees. All part-time employees having a regular scheduled tour of duty [in each administrative workweek] are entitled to accrue leave and receive credit as provided for in the case of full-time employees, except that such accruals and credits will be on a pro rata basis, as follows:
(a) Group 1 part-time employees will accrue and be credited with 1 hour annual leave for each 20-hour period in a pay status.
(b) Group 2 part time employees will accrue and be credited with 1 hour annual leave for each 13-hour period in a pay status.
(c) Group 3 part-time employees will accrue and be credited with 1 hour annual leave for each 10-hour period in pay status.
(d) Part-time employees will accrue and be credited with 1 hour sick leave for each 20-hour period in a pay status.
[(e) With the exception of the principal in subparagraph (f) below, a balance of hours in a pay status during any pay period which is less than the leave earning multiples stated above will be carried forward to succeeding pay period(s) for inclusion for possible credit in connection with any subsequent hours served in a pay status. However, if the employee changes to full-time status or separates and has insufficient service credit to earn the minimum leave accrual of one hour, the remaining service credit hours are forfeited.
(f)] Upon accession or separation, a part-time employee must serve under an established tour of duty for each of the 2 administrative workweeks of the biweekly pay period to be entitled to leave benefits. In further explanation of this principle, pay status hours for a fractional biweekly pay period at the beginning of employment of a part-time employee will not be carried over to the next pay period for leave credit if the employee was not on the rolls and worked or in a leave status for his/her full tour of duty of each week of the biweekly pay period. The foregoing applies also when an employee is converted from full-time to part-time or vice versa, except that pay status hours of the leave earning multiples for a fractional pay period may be credited for a part-time employee converted to full-time.
[(g)] Any hours in excess of 40 in any administrative work week will be disregarded in computing leave earnings for part-time employees. [ ]
(5) Leave With Pay Status. Leave shall accrue to an employee while in a pay status even though there is no return to duty. (For [ ] exceptions, see 34 Comp. Gen. 61.) Moreover, the leave accruals of a full-time employee are not affected by a nonpay status (including LWOP and/or AWOL) until such nonpay status equals or exceeds 80 hours or multiples thereof in accordance with subparagraph (8) below.
[(6) Reduction of Leave Accruals or Credits. Annual and sick leave accruals or credits will be reduced whenever a full-time employee's total absence in a nonpay status (including LWOP and/or AWOL) during a leave year equals or exceeds 80 hours or multiples thereof. The reduction will be made in an amount equivalent to the biweekly accrual to which the employee is normally entitled. One exception to the foregoing provision is for the last full biweekly pay period in the leave year of group 2 employees. If an employee has been in a nonpay status for the entire leave year, the reduction will be 10 hours, otherwise the reduction is 6 hours. Period of suspensions from duty and pay status are included in the computation of LWOP in reducing leave credits. The main principal is that "leave balances," as such, are not directly affected by leave reductions. Instead, it is a matter of no further leave being earned and credited (or the canceling of the leave accrual) for any period during which absences in a nonpay status have been 80 hours, or during which prior and current pay period absences in a nonpay status equal or exceed 80 hours or multiples thereof, rather than a matter of the reduction of leave balances or credits. Accordingly, an employee's leave account balance is not reduced in credits during a period when he/she is not being credited with leave, such as during extended periods of LWOP, since such reductions would improperly result in a double reduction of leave credits. For the purpose of applying the leave reduction provisions, absence in a nonpay status during the basic 40-hour workweek may not be offset by work outside of the basic 40-hour work week. Such nonpay status hours are WOP leave and must be recorded accordingly.
(7) Maximum Allowable Accumulation Annual Leave]
(a) Employees Stationed Within Continental United States. Title 5, United States Code, chapter 63 restricts annual leave accumulations for these employees to the following maximum limitations:
1. For full-time employees [with a 40-hour workweek,] not to exceed 30 days at the end of a leave year or the amount of leave to their credit on December 21, 1952, and which remains unused, whichever is greater.
[2. For full-time employees with workweeks in excess of 40 hours, not to exceed 42 days for an average 56-hour work week, 45 days for a 60-hour workweek, and 54 days for a 72-hour workweek at the end of a leave year or the amount of leave to their credit on December 21, 1952, and which remains unused, whichever is greater.
3.] For part-time employees, not to exceed 240 hours at the end of a leave year or the amount of leave to their credit on December 21, 1952, and which remains unused, whichever is greater.
[4.] An exception to the 30-day or the 240-hour rule is made for employees transferring from one leave systems to another. In such instances the maximum accumulation permitted is the maximum allowable under the system from which transferred or the amount transferred whichever is the lesser. (See Comptroller General Decisions B-116314 and B-117272 dated October 18, 1968.)
(b) Overseas Employees. VA employees at oversees stations who are subject to 5 U.S.C. ch. 63, shall accumulate for use in succeeding years unused annual leave not to exceed 45 days (360 hours for part-time employees) at the end of the leave year or the amount of leave to their credit on December 21, 1952, and which remains unused, whichever is greater. All other employees, including aliens and natives, at overseas station shall accumulate annual leave on the same basis as employees employed in the continental United States. An employee stationed outside the continental United States will, upon transfer to a position within the United States, be credited with the total amount of annual leave to his/her credit as of the effective date of his/her transfer (notwithstanding the fact that it may exceed the maximum allowed employees in positions within the continental United States), subject to the maximum limitations indicated above. (See 38 Comp. Gen. 401 and FPM, ch. 630, re effect of Alaska and Hawaii becoming States.)
(c) Reduction of Annual Leave Accumulation in Excess of 30 or 45 Days, As Applicable. Employees with leave accumulation in excess of 30 or 45 days, as applicable, shall carry forward such leave to their credit for use in succeeding years, subject to the limitations specified in paragraphs (a) and (b) above. When these employees use more than they earn in a leave year, their maximum accumulations will be reduced by the additional amount of leave used. The remaining unused leave will constitute their new maximum accumulations for succeeding leave years. This process will continue until such maximum accumulations no longer exceed 30 or 45 days, as applicable.
(d) All Employees. There is no limitation on the accumulation of sick leave.
[(8)] Restoration of Annual Leave Forfeited Due to Exigency of the Service, Illness or Administrative Error
(a) Under the provisions of Public Law 93-181, employees who are prevented from using scheduled annual leave due to the exigencies of the public service or, due to illness, may now have such leave, which would otherwise be forfeited at the end of the leave year, restored and carried forward in a separate account for subsequent use within prescribed time limits. To qualify for restoration the leave must have been:
1. Scheduled in advance of the third biweekly pay period prior to the end of the leave year. The scheduling decision must be in writing and fully documented. The scheduled period of leave may be within the last three pay periods of the leave year.
2. The scheduled leave must have been canceled because of the exigencies of the public service or an illness which prevented the employee from using the previously scheduled leave. The exigency, which resulted in the cancellation, must be fully identifiable as to its nature and its beginning and ending dates.
3. There must have been no reasonable alternative to the cancellation of such leave and rescheduling within the same leave year must have been precluded by the exigences of the public service or the continued nature of the illness. Increased workloads resulting from the illness of the employee involved, or other employees, will not in itself justify not rescheduling the canceled leave for use later in the same leave year.
(b) Annual leave forfeited as a result of an administrative error may also be restored to a separate account for use within prescribed time limits, or if the employee is separated, to be included in a lump-sum payment. To qualify for restoration, such leave must have accrued after June 30, 1960, although the error may have occurred at some earlier date.
(c) Time Limit for Use of Restored Annual Leave
1. Annual leave restored under the provision of Public Law 93-181 must be used not later than the last days of the second leave year following the year containing the date that:
a. The annual leave was restored in correcting an administrative error.
b. The exigency terminated that resulted in the forfeiture.
c. The employee is determined to have recovered from an illness and is able to return to duty.
2. If the employee terminates prior to expiration of the prescribed time limit, restored leave remaining unused will be included in the lump-sum payment as described in subparagraph (b) above. Restored leave remaining unused at the end of the prescribed period will be forfeited. There is no authority for further extension of the time limit.
(d) Approvals and Documentation
1. It is not intended approval of leave restoration become a routine of a perfunctory matter, or that the provisions of Public Law 93-181 will in any way lessen the supervisory responsibility for sound and effective leave management, thus approval authority is restricted to the heads of departments and staff offices in Central Office and to the heads of field stations.
2. Because the scheduling, and rescheduling of annual leave must be in writing, SF 71, Application for Leave, supplemented as appropriate by memorandum, will be used to support the separately maintained leave account. As a minimum the supporting documents must contain:
a. The calendar date on which the leave was approved by the supervisor having leave approval authority.
b. The date or dates the leave was scheduled for actual use.
c. The reason or reasons for cancellation, the beginning and ending dates of the exigency or illness as appropriate.
d. The calendar date on which the rescheduled leave was approved by a supervisor having leave approval authority.
e. The actual dates and amounts of leave rescheduled for use.
(e) When leave is restored, as a result of correcting an administrative error, official records may not be available. In such cases, an estimate of the employee's leave account is acceptable when accompanied by official statements clearly reflecting the factors which form the basis of the estimate, and which are acceptable to the approving authority. (See par. 105.17b(2) for instructions relative to recording restored annual leave.)
[(9)] Recredit of Annual Leave in Back Pay Cases. Under the provisions of Public Law 94-172, annual leave which is in excess of the maximum leave accumulation authorized by law will be credited to a separate leave account for the use of an employee who is reinstated to the rolls. This change is retroactive to March 30, 1966. Annual leave in this separate leave account must be scheduled and used by, the end of the leave year ending 2 years after the date on which the annual leave is credited to the separate account, or if the employee is separated, it will be included in a lump sum payment.
[(10)] Advanced Leave. The responsibilities of the Fiscal Division in connection with the advance of leave and the liquidation of advanced leave are outlined below. (For the policy governing the actual conditions under which leave may be advanced, see MP-5, pt. I, ch. 630. For required notations in "Remarks" section of VA Form 4-5631, see par. [105.17.]
(a) Limiting or Restrictive Provisions
1. Employees may be granted advanced leave not to exceed the amount which can be accumulated at the end of the leave year in which it is granted. Annual leave shall not be advanced to an employee holding a time-limited appointment in excess of the amount that would accrue during the remaining period of such appointment.
2. In cases of serious disability or ailments, employees may be advanced sick leave not in excess of 30 days. There may not be more than 30 days of advanced sick leave on an employee's record at any one time. Sick leave should not be advanced unless the employee can reasonably be expected to return to duty after a prolonged period of incapacitation. Sick leave shall not be advanced to an employee holding a time-limited appointment in excess of the amount that would accrue during the remaining period of such appointment.
3. All accruals of annual or sick leave which become due while an employee is indebted for advanced leave in either category must be applied first to the appropriate indebtedness. Advanced sick leave may also be liquidated at the employee's request by a charge against an equivalent amount of annual leave, provided:
a. The annual leave is substituted prior to the time it would be forfeited.
b. The approving official would have been willing to grant the annual leave had the employee requested it.
(b) Liquidation Upon Separation. At the time of separation, any annual or sick leave subject to refund, and unliquidated by earned credit or otherwise, will be collected from the employee in cash or by payroll deduction for the value of the leave involved. The value of the advanced leave will be computed at the salary rate the employee received when the leave was advanced. This requirement does not apply in cases of death, retirement for disability, or where an employee is unable to return to duty because of disability, evidence of which shall be supported by an acceptable medical certificate. Also, an employee indebted for advanced or overdrawn leave upon entry into military service with restoration rights will not be required to refund any amounts paid him for the period of such excess leave (23 Comp. Gen. 677).
NOTE: When an employee, indebted for advanced or overdrawn leave, transfers to another Government agency, the Fiscal activity will certify the annual and sick leave accounts for credit or charge to the employee's account.
(c) Periodic Recovery of Unliquidated Annual Leave. Annual leave is advanced subject to liquidation by subsequent accrual, which must be accomplished by the end of the last complete biweekly pay period of the leave year. Advanced annual leave not so liquidated will be collected from the employee in cash or by payroll deduction from salary which is due for the first pay period in the new leave year. Collection will be st the salary rate the employee received when the leave was advanced. If the advanced annual leave is not liquidated by the close of the leave year in which it was granted due to reductions in annual leave accruals under subparagraph [(6)] above, the advanced leave may be carried forward for charge against annual leave earned in the following year. In the latter instance, the advanced annual leave indebtedness must be liquidated by charge or refund not later than the end of the leave year following that in which it was granted.
(d) Liquidation of Advanced Leave by Cash or Payroll Deduction. When advanced leave, sick or annual, is liquidated by collection from the employee, either by cash or payroll deduction, the period of advanced leave so liquidated will [ ] be converted to LWOP. [See paragraph 8.10, VA Manual MP-6, part V, supplement No. 2.3 for further instructions.]
b. Nurses.
(1) General. These employees appointed in the Department of Medicine and Surgery under 38 U.S.C. ch. 73, are entitled to accrue leave and receive credit for each full biweekly pay period as indicated in the subparagraphs which follow. No leave of any kind will be credited for any period less than a full biweekly pay period of employment (80 hours in a leave-earning status for full-time employees, and not in excess of 80 hours in a pay status for eligible part-time employees) except under the following circumstances, when leave, both annual and sick, will be credited on a pro rata basis for fractional pay periods occurring within the continuity of employment: (1) Employee transfers between positions with different pay periods; (2) immediately prior to or following a period employee was (a) either receiving disability compensation under 5 U.S.C. ch. 81; or (b) employee exercises statutory or regulatory restoration rights after service in the Armed Forces. Unused sick leave may be recredited upon reemployment on or after January 9, 1962, provided the break in service was not in excess of 3 years. The above provisions are applicable to both full- and part-time employees.
(2) Leave Accruals. Annual and sick leave accruals for these employees will be in accordance with the following:
(a) Annual Leave. Annual leave for full-time employees will accrue at the rate of 8 hours for each full biweekly pay period. Part-time employees will accrue 1 hour sick leave for each 13-hour period in a pay status.
(b) Sick Leave. Sick leave for full-time employees will accrue at the rate of 4 hours for each full biweekly pay period. Part-time employees will accrue 1 hour sick leave for each 20-hour period in a pay status.
(3) Leave With Pay Status. Leave shall accrue to an employee while in a pay status even though there is no return to duty, except that annual and sick leave accruals are not affected by a nonpay status (including LWOP and/or AWOL) until such nonpay status equals or exceeds 80 hours, or multiples thereof, to the extent indicated in subparagraph (4)(a) and (b) below.
(4) Maximum Allowable Accumulation
(a) Annual Leave. Annual leave accumulation for these full-time employees subject to 38 U.S.C. ch. 73 is restricted to a maximum limitation of 685 hours at the end of a leave year. Part-time employees are restricted to a maximum limitation of 240 hours. However, when a full-time employee converts to part-time employment with unused annual leave in excess of the 240-hour part-time accumulated annual leave ceiling (the amount which can be carried forward into the next leave year the employee will retain all of this higher amount, not to exceed 685 hours, as the accumulated annual leave ceiling on a "saved" basis. In the event the employee's accumulated annual leave balance at time of conversion is 240 hours or less, the employee is subject to the 240 hour annual leave ceiling.
(b) Sick Leave. There is no limitation on the amount of sick leave that these employees may accumulate and carry forward from one leave year to the next.
(5) Reductions of Leave Accruals or Credits. Annual and sick leave accruals or credits will be reduced whenever a full-time employee's total absence in a nonpay status (including LWOP and/ or AWOL) during a leave year equals or exceeds 80 hours or multiples thereof. The reduction will be made in an amount equivalent to the biweekly accrual to which the employee is normally entitied. Periods of suspensions from duty and pay status are included in the computation of LWOP in reducing leave credits. The main principle to be borne in mind is the fact that "leave balances," as such, are not directly affected by leave reductions. Instead, it is a matter of no further leave being earned and credited to the canceling of the leave accrual) for any period during which absences in a nonpay status have been 80 hours, or during which prior and current pay period absences in a nonpay status equal or exceed 80 hours or multiples thereof, rather than a matter of the reduction of leave balances or credits. Accordingly, an employee's leave account balance is not reduced in credits during a period when he/she is not being credited with leave, such as during extended periods of LWOP, since such reductions would improperly result in a double reduction of leave credits. For the purpose of applying the leave reduction provision of the leave regulations, absence in a nonpay status during the basic 40-hour workweek may not be offset by work outside of the basic 40-hour workweek. Such nonpay status hours are WOP leave and must be recorded accordingly.
(6) Advanced Leave. The responsibilities of the Fiscal Division in connection with the advance of leave and the liquidation of advanced leave are outlined below. For required notations in "Remarks" section of VA Form 4-5631, see paragraph 105.1[7.]
(a) Limiting Provisions
1. Annual leave, not to exceed the amount which can be earned by the end of the leave year in which it is granted, or by the end of the current appointment, whichever is the lesser amount, may be advanced to a full-time or part-time employee.
2. Sick leave, not to exceed 240 hours at any time, or the amount which could accrue by the end of the current appointment, whichever is the lesser amount, may be advanced to a full-time employee. Sick leave not to exceed the amount that can be earned by the end of the leave year in which it is earned may be advanced to a part-time employee.
3. Advanced sick leave will not be granted if it is known in advance or their is a reason to believe that the employee is not expected to return to duty for the VA.
4. Only Directors [for their designees] in cases of field [facility] employees, and the Chief Medical Director, in case of Central Office employees, are authorized to grant advanced sick leave.
(b) Liquidation of Advanced Leave. All credits of leave which become due while an employee has an unliquidated balance of advanced leave will be applied to liquidate the advance (annual leave credits applied to the annual leave advance and sick leave credits applied to the sick leave advance). An employee must refund the value of the advanced leave upon separation except that no refund is required when the separation is due to death, retirement for disability, or where an employee is unable to return to duty because of disability supported by an acceptable medical certificate, or entering upon active duty in the military service, when such entry is without break in service from the civilian position. The value of the advanced leave will be computed at the salary rate the employee received when the leave was advanced.
NOTE: When an employee, indebted for advanced or overdrawn leave, transfers to another Government agency, the Fiscal activity will certify the annual and sick leave account for credit or charge to the employee's account.
(c) Status of Advanced Leave Liquidated by Refund. The period of advanced leave for which a refund is made in cash or by payroll deduction will [ ] be [ ] converted to a period of LWOP. [See par. 8.10, VA Manual MP-6, part V, supplement No. 2.3 for further instructions.]
c. Physicians, Dentists, Podiatrists and Optometrists Subject to 38 U.S.C. ch. 73
(1) General. Physicians, dentists, podiatrists and optometrists appointed in the Department of Medicine and Surgery under 38 U.S.C. ch. 73, are entitled to accrue leave and receive credit thereof as indicated in the subparagraphs which follow. Annual and sick leave will accrue and be credited on a pro rata basis for fractional pay periods. Unused sick leave may be recredited upon reemployment on or after January 9, 1962, provided the break in service was no in excess of 3 years.
(2) Rate of Accrual. Annual and sick leave accruals for physicians, podiatrists, optometrists, [and noncareer] residents will be in accordance with the following:
(a) Annual Leave. Annual leave for these full time employees will be at the rate of 30 days per leave year. Annual leave for noncareer residents [ ] will be established under a local annual leave systems comparable to the system at the index hospital. Prorated accruals will be made for part of a leave year. Part-time employees will accrue 1 hour annual leave for each 13-hour period in a pay status.
(b) Sick Leave. Sick leave for these full-time employees will at the rate of 15 days per leave year with prorated accruals for part of a leave year. Part-time physicians, dentists, podiatrists and optometrists will accrue 1 hour sick leave for each 20-hour period in a pay status.
(3) Accrual Procedure. Full-time physicians, dentists, podiatrists, [optometrists,] and dentists (including temporary full-time) will earn annual leave at the rate of 1.154 days per pay period during a 26 pay period leave year, or 1.111 days per pay period during a 27 pay period leave year. Annual leave for noncareer residents [ ] will be the annual accrual rate divided by 26 or 27 as appropriate and carried to the third decimal position. Sick leave will be accrued at the rate of .577 days per pay period in leave years having 26 pay periods and [.556] days per pay period in leave years having 27 pay periods.
(4) Leave With Pay Status. Leave shall accrue to an employee while in a pay status even though there is no return to duty, except that annual and sick leave accruals are not affected by a nonpay status (LWOP), or authorized absence, until such nonpay status equals or exceeds 14 days, or multiples thereof, to the extent indicated in subparagraph (5)(a) and (b) below.
(5) Maximum Allowable Accumulation
[(a) Annual Leave. Annual leave accumulation for these full-time employees subject to 38 U.S.C. ch. 73 is restricted to a maximum limitation of 120 days at the end of a leave year. Part-time employees are restricted to a maximum of 240 hours. However, when a full-time employee converts to part-time, the accumulated annual leave balance at the time of conversion (converted to hours and not to exceed 685 hours) will become the employee's annual leave ceiling on a "saved basis." In the event that the converted accumulated annual leave balance is 240 hours or less, the employee is subject to the 240 hour annual leave ceiling.
(b) Sick Leave. There is no limitation on the amount of sick leave that these employees may accumulate and carry forward from one leave year to the next.
(6) Reduction of Leave Accruals or Credits. In a strict sense leave is not earned while the employee is in a WOP (without pay) status. The part of the leave credit which applied to the WOP status is canceled out when the WOP time equals 14 days and the annual and sick leave balances are reduced as explained below. Except for the remaining fractions in excess of 14 days of WOP time at the end of the leave year, or which remain at the time of the employee's separation from the service if separated prior to the close of the leave year, the employee's leave account may not include leave earnings for WOP periods.
(a) Annual Leave
1. Annual leave accruals will be reduced 1.154 days during a 26 pay period leave year and 1.111 days during a 27 pay period leave year for each full 14 calendar day period of WOP status for employees who earn annual leave at the rate of 30 days for the leave year. A remaining fraction of the 14-day period will be carried forward and included with subsequent WOP time or dropped at the end of the leave year.
2. Annual leave accruals will be reduced .577 days during a 26 pay period leave year and .556 days during a 27 pay period leave year for each full 14 calendar day period of WOP status for employees who earn annual leave at the rate of 15 days for the leave year. A remaining fraction of the 14-day period will be carried forward and included with subsequent WOP time or dropped at the end of the leave year.
3. Annual leave accruals for employees, earning other than 15 days for the leave year, will be reduced by the amount of leave accrued for one pay period for each full 14 calendar period of WOP status. (See MP-6, pt. V. supp. No. 2.3.)
(b) Sick Leave. Sick leave accruals will be reduced .577 days during a 26 pay period leave year and .556 during a 27 pay period leave year for each full 14 calendar day period of WOP status since all employees under the DM&S leave system earn 15 days of sick leave for the leave year. A remaining fraction of the 14-day period will be carried forward and included with subsequent WOP time or dropped at the end of the leave year.
(c) Suspension. Annual and sick leave credits will be recredited (if previously credited) for a period of suspension which was determined to have been unjustified and from which the employee was restored to duty.
(d) WOP Absences Which Must Be Considered. All the various types of WOP status must be included in the WOP time for leave crediting purposes except where WOP absence is specifically excluded. Types of WOP time which must be included are LWOP, AWOL, and suspensions from duty and pay status. WOP time which arises from suspension from duty from which employee does not return to a duty status and which was not determined as unjustified will not be used for crediting leave.
(7) Advanced Leave
(a) Limiting Provisions
1. Annual leave, not to exceed 30 calendar days at any one time, may be advanced to employees who earn annual leave at the rate of 30 days per leave year. Sick leave, not to exceed 45 calendar days at any time, may be advanced to these employees.
2. Annual leave and nonpayable leave may be advanced to noncareer residents ] appointed under 38 U.S.C. 4114(b). The advanced annual leave and nonpayable leave may not exceed the amount that will be liquidated by accruals during the remainder of the current appointment. The total advanced sick leave may not exceed 15 days.
3. Advanced sick leave will not be granted if it is known in advance or there is reason to believe that the employee is not expected to return to duty in VA.
4. Only Directors, [or their designees] in cases of field [facility] employees, and the Chief Medical Director, in case of Central Office employees, are authorized to grant advanced sick leave.
(b) Liquidation of Advanced Leave. All credits of leave due while an employee has an unliquidated balance of advanced leave will be applied to liquidate the advance (annual leave credits applied to the annual leave advance and sick leave credits applied to the sick leave advance). An employee must refund the value of the advanced leave upon separation except that no refund is required when the separation is due to death, retirement for disability, or where an employee is unable to return to duty because of disability supported by an acceptable medical certificate, or entering upon active duty in the military service, when such entry is without break in service from the civilian position. The value of the advanced leave will be computed at the salary rate the employee received when the leave was advanced.
NOTE: When an employee, in debted for advanced or overdrawn leave, transfers to another Government agency, the Fiscal activity will certify the annual and sick leave account for credit or charge to the employee's account.
(c) Status of Advanced Leave Liquidated by Refund. The period of advanced leave for which a refund is made in cash or by payroll deduction will [ ] be [ ] converted to a period of LWOP. [See paragraph 8. 10, VA Manual MP-6, part V, supplement No. 2.3 for further instructions.]
103.03 LEAVE CHARGES
a. [General Schedule Employees
(1) Minimum Charge. The minimum charge for annual, sick, LWOP, AWOL and compensatory time is one-quarter hour. Additional leave used will be charged in multiples thereof. NOTE: The granting of compensatory time off to nonexempt employees must be consistent with the provisions of FPM Letter No. 551-6 (see app. A).
(2)] Charging Annual Leave for Absence on Account of Sickness. If the employee so desires, he may charge annual leave or LWOP in lieu of sick leave at the time leave is taken. The retroactive substitution of annual for regular sick leave requested and granted is not authorized. When annual leave is used in lieu of sick leave, medical certificates shall be required on the same basis as when the absence is charged to sick leave. The use of annual leave in lieu of sick leave will be noted in "Remarks " on VA Form 4-5631.
[(3)] Sickness Occurring Absence on Annual Leave. When sickness occurs during a period of annual leave, sick leave may be substituted for annual leave, provided the illness is reported promptly and the request is supported by medical certification or other acceptable evidence.
[(4)] Restrictions on Charging Leave
(a) Annual Leave. In no case may annual leave be charged as a disciplinary measure.
(b) Leave With Pay. Leave of absence with pay (including authorized absence on legal holidays, nonworkdays, or days of compensatory time off) will not be charged for any absence which does not occur during the 40 hours prescribed as the basic workweek.
[(5) Standby Tours of Duty. Except at those facilities where 72-hour workweeks have been retained under a "grandfather" provision, a regularly scheduled administrative workweek of either 56 (average hours) or 60 hours is established for VA firefighters in a standby status. These tours must be used when standby duty is interspersed with actual work throughout the entire tour of duty. The requirement for appointment of the total hours between actual work and standby is met when at least 25 hours but no more than 39 hours in the aggregate-distributed over the daily tours-are devoted to the performance of actual work. These employees are paid premium compensation on an annual basis. Based on these expanded tours of duty, they will accrue and be charged leave in accordance with subparagraphs (a) through (f) below.
(a) Annual Leave Accruals. Firefighters will accrue annual leave based upon the number of hours that comprise the employee's scheduled tour of duty for the biweekly pay period. Tours of duty that are available to these employees and the related annual leave accruals for each tour of duty are reflected in the following table:
TABLE OF LEAVE ACCRUALS
... Biweekly Standby Tour of ...
Duty
Years of 112 Hours ...
Service Leave Accrual Per Pay Leave Accrual in Last Full
Period (Except Last Full Pay Period of Calendar year)
Pay Period of Calendar
year)
Less than 3 5 hours 21 hours
3-15 8 hours 24 hours
15 and more 11 hours 16 hours
... Biweekly Standby Tour of ...
Duty
Years of 120 Hours ...
Service Leave Accrual Per Pay Leave Accrual in Last Full
Period (Except last Full Pay Period of Calendar year
Pay Period of Calendar
year)
Less than 3 6 hours 6 hours
3-15 9 hours 15 hours
15 and more 12 hours 12 hours
... Biweekly Standby Tour of ...
Duty
Years of 144 Hours ...
Service Leave Accrual Per Pay Leave Accrual in Last Full
Period (Except Last Full Pay Period of Calendar year)
Pay Period of Calendar
year)
Less than 3 7 hours 12 hours
3-15 11 hours 13 hours
15 and more 14 hours 24 hours
(b)] Accrual of Sick Leave. Sick leave will accrue as indicated by the particular table for annual leave for employees having less than 3 years of service.
[(c)] Charging Leave. Leave used will be charged on the basis of [1/4] hour for each [1/4] hour of absence. EXAMPLE: For 12 hours absence on a 12-hour workday, the employee will be charged 12 hours leave; for 24 hours absence on a 24-hour workday, the employee will be charged 24 hours leave. All of the days worked by these employees are considered regular workdays and the employees are required to work on all holidays falling within their regular tour of duty. An employee absent on a holiday is considered to be absent on a regular workday for which duty may have been scheduled and leave is properly chargeable for absence on such day.
[(d)] Postings to VA 4-5631. Post in the "RG"column the number of hours in a pay status. In the appropriate leave column record the type of leave taken. No entries are required in the "N/D" columns. Neither will any recording be made for work on a holiday as these employees are not entitled to holiday premium pay. Post entries in the "D"column under the overtime heading in the usual manner for occasional or irregular overtime work (work in excess of the employee's administrative workweek). For wage employees, a determination must be made as to whether the overtime is payable at the day, shift 2 or shift 3 rate.
[(e)] Conversion of Leave Balances. Where an employee is changed from a basic workweek of 40 hours to a workweek having more than 40 hours, the leave balance must be converted to the number of hours due on the basis of the hours in the new workweek. A similar conversion must be made when the employee is again assigned to a 40-hour basic workweek. The formula for converting the leave balance is outlined in FPM, chapter 630. The conversion is accomplished by multiplying the number of hours in the leave balance by a number equal to the hours in the workweek to which reassigned and dividing the product by the number of hours in the workweek from which reassigned. EXAMPLE: Leave balance 100 hours; workweek 40 hours; reassigned to a workweek 75 hours; 100 hours time 75 equals 7,500 hours, divided by 40 equals 187.5 hours or 187 hours converted leave balance.
[(f)] Transfer of Leave. The leave reported on SF 1150, Record of Leave Data Transferred, will be converted to the leave due on the basis of the standard 40-hour basic workweek.
[(1) Minimum Charge. The minimum charge for annual, sick, LWOP, AWOL, and compensatory time off is one-quarter hour. Additional leave used will be charged in multiples thereof.]
[(2)] Charging Annual Leave for Absence on Account of Sickness. If the employee so desires, he/she may charge annual leave or LWOP in lieu of sick leave at the time leave is taken. The retroactive substitution of annual for regular sick leave requested and granted is not authorized. When annual leave is used in lieu of sick leave, medical certificates shall be required on the same basis as when the absence is charged to sick leave. The use of annual leave in lieu of sick leave will be noted [in] "Remarks" on VA Form 4-5631.
[(3)] Sickness Occurring During Absence on Annual Leave. When sickness occurs during a period of annual leave, sick leave may be substituted for annual leave, provided the illness is reported promptly and the request is supported by medical certification or other acceptable evidence.
[(4)] Restrictions on Charging Leave.
(a) Annual Leave. In no case may annual leave be charged as a disciplinary measure.
(b) Leave With Pay. Leave of absence with pay (including authorized absence on legal holidays or nonworkdays) will not be charged for any absence which does not occur during the 40 hours prescribed as the basic workweek.
c. Physicians, Dentists, Podiatrists and Optometrists Subject to 38 U.S.C. Ch. 73
(1) Minimum Charge. The minimum charge of leave for these full-time employees, (including temporary full-time), [noncareer] residents, [ ] is 1 calendar day, and additional leave is charged in multiples thereof. When a scheduled day's work extends over portions of 2 calendar days, leave will be charged for the day on which the greater part of the day's work falls, or for the first day when the day's work is equally divided between 2 calendar days.
(2) Charging Annual Leave. The conditions of duty, leave, and administrative nonduty days which prevail during any 1 week (Sunday through Saturday) shall determine the nature of the charge to annual leave which is made for absences during the particular week in applying the provisions below, with one exception as indicated in subparagraph (c) below. It is immaterial for the application of these provisions whether the administrative nonduty days fall upon weekends, are consecutive days of the week, or are consistently the same 2 days of each week. Holidays will not be charged to annual leave.
(a) If no duty is performed during the workweek, the full-time employee shall not be authorized any administrative nonduty days, and the entire 7 days of the workweek (Sunday through Saturday), excepting holidays, shall be charged to annual leave.
(b) If duty is performed on a least 1 or more days during the workweek, any approved periods of annual leave during the same week excepting holidays will be charged on a day-for-day basis, subject to the conditions of subparagraph (c) below.
(c) Administrative nonduty days which fall wholly within a period of approved annual leave shall be charged to annual leave.
(d) Alternating use of annual leave in lieu of sick leave to avoid leave charges for administrative nonduty days is not proper.
(e) For the purpose of charging annual leave, the following shall be considered as days on which work is performed in applying the provisions of subparagraph (a) through (c) above:
1. Sick leave.
2. Military leave.
3. Court leave.
4. All excused leave of absence as set forth in related personnel instructions.
5. Examples of charge
a. Employee "X" has a scheduled tour of duty Monday through Friday and requests 2 weeks annual leave. The first duty day missed will be a Monday, and the last duty day missed will be a week from the following Friday. Applying subparagraph (a) above no duty being performed in either the of the 1-week periods, then all 7 days (Sunday through Saturday) of each week is charged to annual leave. Employee "X" therefore is charged 14 days annual leave.
b. Employee "Y" is scheduled to have Wednesday and Thursday as his/her administrative nonduty days during a particular week. Employee works on a Sunday and takes annual leave Monday through Saturday of that week. Applying subparagraph (c) above, the entire 6-day period, Monday through Saturday would be charged to annual leave.
c. Employee "Z" has Sunday and Monday (the first 2 days of the week) scheduled as administrative nonduty days. On Tuesday morning "Z" calls in by telephone and requests annual leave for the remaining days of the week, Tuesday through Saturday. If the request is granted then no duty would be performed during that workweek, and applying subparagraph (a) above all 7 days of the week would be charged to annual leave.
d. Employee "A" has a scheduled tour of duty Monday through Friday and requests annual leave for the entire week. The first day misse[d] will be Monday, and the last duty day will be Friday, which is a national holiday. Since no duty is performed during the workweek Sunday through Saturday, the charge to annual leave for the employee "A" is 6 days Sunday through Thursday and Saturday) as provided in subparagraph (a) above. The national holiday will not be charged to annual leave.
e. Employee "B" has a scheduled tour of duty Monday through Friday and requests annual leave for the entire week. The first duty day missed will be Monday and the last duty day missed will be Friday. The next day, Saturday, is a national holiday. Applying the provisions of subparagraph (a) above, the proper charge to annual leave for employee "B" is 6 days (Sunday through Thursday and Saturday). The national holiday will not be charged to annual leave.
6. It shall be the responsibility of supervisory personnel at all levels to insure that each employee fully understands the manner of charging for authorized annual leave. This is especially important in such cases as described in subparagraph 5c above, wherein it is necessary in accordance with these provisions to charge annual leave for a day (or days) on which the employee normally would have been excused without charge to annual leave.
(3) Charging to Sick Leave. No charge to sick leave will be made for absence of full-time (including temporary full-time) physicians, dentists, podiatrists, optometrists residents, and interns on administrative nonduty days or holidays occurring immediately prior to a period of approved sick leave or following the termination of such leave. However, sick leave will be charged for any administrative nonduty days occurring wholly within a period of approved sick leave. Holidays will not be charged to sick leave regardless of where they occur in relation to the sick leave period.
(4) Sickness During Annual Leave. When sickness occurs during a period of annual leave, the period of illness may be charged to sick leave and the charge against annual leave reduced accordingly. Application for such substitution of sick leave for annual leave shall be made promptly and shall be supported by a medical certificate or other evidence determined to be acceptable.
103.04 MILITARY LEAVE
(a) Definition
Military leave is leave of absence with pay provided by statute, which must be granted to allow eligible employees who are members of the national Guard, or a Reserve component of the U.S. Armed Forces to perform active military duty or be engaged in field or coast defense training under sections 502-505 of title 32 (5 U.S.C. 30e). When appropriate, military leave may also be granted for the purpose of providing aid to enforce the law. Military leave may not be granted for periods of inactive military duty such as weekend drills (CG decision B-188145, November 15, 1977).
NOTE: When required to perform inactive duty, the employee must be granted annual leave or LWOP as requested in those instances where the employee is scheduled to work and his/her tour of duty cannot be changed. There is no authority under these circumstances to excuse employees from duty without a charge to leave. However, all reasonable efforts should be made to change an employee's tour of duty, when it conflicts with mandatory, inactive duty training.
(b) Eligibility
(1) General Schedule, VCS, and SES Employees. Full-time and certain part-time general schedule, VCS, and SES employees are eligible for fiscal year accrual and carryover of unused military leave. Employees with temporary appointments of less than 1 year or with temporary appointments not to exceed 1 year are not entitled to military leave. Both full-time and part-time employees (16-32 hour tour per week) with permanent, TAPER, or term appointments, or temporary appointments not limited to 1 year or less, are entitled to military, leave, if otherwise eligible.
(2) Title 38 Employees. Full-time and part-time employees who are covered by the title 38 leave system are eligible to accrue military leave on a fiscal year basis provided their appointments are not limited to 1 year or less.
(3) Intermittent Employees. All intermittent employees are ineligible to accrue and use military leave.
(c) Requesting Military Leave. Military leave will be requested on an SF 71, Application for Leave. As a general rule a copy of the military orders will be attached to the SF 71 to support the employee's request for military leave. In unusual situations, the Reserve or National Guard unit may be unable to issue military orders before the actual military duty is scheduled to begin. In such instances, the employee's supervisor may contact the Reserve or National Guard unit to seek verbal confirmation of the required military duty. Thereafter, the employee will be advised that he/she must furnish a copy of the military orders upon his/her return to duty or the absence will be charged to either annual leave, LWOP, or AWOL.
(d) Accrual of Military Leave. Eligible full-time employees will accrue 15 days of military leave each fiscal year. While eligible part-time title 38 employees will also accrue military leave at the rate of 15 days each fiscal year, all other eligible part-time employees will accrue a prorated portion of the 15 days military leave based on the biweekly normal hours established in the employee's PAID master record on October 1 of each year.
(e) Charging Military Leave. Military leave will be charged in whole day increments (52 Comp. Gen. 471). Military leave may be taken a day at a time. Nonworkdays at the beginning or end of a period of military leave will not be charged. Nonworkdays will be charged to military leave when they fall wholly within a period of continuous active duty. However, if military orders are written so that nonworkdays are not included in the period of military duty, no charge will be made to military leave for the nonworkdays (unpublished Comp. Gen. B-149951, November 23, 1962). Military leave will be posted in days with a check "" in the "M/L." column under the "Time Absent" section. No change is required for posting in the "RG" column under the "Time in Pay" section. The timekeeper will code the number of days of military leave used in the "M/L" field in the "Misc Data"portion of the VA Form 4-5631. In addition the number of hours or days (as appropriate) of military leave used must be coded in the "Auth Absence Court Leave" field.
(f) Evidence of Performance of Military Duty. Upon return to duty after a period of military duty, the employee must submit evidence through the leave approving official to the payroll office indicating on which dates military service was performed. This certification will be over the signature of the commanding officer or other appropriate official. Failure to submit this certification will result in the absence being charged to annual leave, LWOP, or AWOL.
(g) Military Leave for Law Enforcement. In addition to the military leave authorized above, sections 6323(b)(2) and 5519 of title 5, United States Code, authorize leave for up to 22 workdays in a calendar year to a Reservist or National Guardsman who is called to duty under certain conditions for the purpose of providing aid to enforce the law. When an employee goes on this type of leave, the remarks section of VA Form 4-5631 will be noted "Military Leave for Law Enforcement". The employee must submit evidence through the leave approving official indicating on which dates military service was performed and the gross wages received. This will be over the signature of the commanding officer or other appropriate official. Upon receipt of the statement, the payroll office will make the necessary adjustment. (See 49 Comp. Gen. 243) The time absent for this purpose will be recorded in hours in the "OTH" column on VA Form 4-5631. The total number of hours used will be coded in the fields labeled "Auth Absence". Nonworkdays will not be charged. Part-time employees are not entitled to this type of military leave.
SECTION 104.00 OTHER ABSENCES
104.01 DEFINITIONS
a. Authorized Absence. Any absence administratively authorized or approved which does not involve a charge to leave of any kind or loss of basis salary, is an authorized absence, sometimes referred to as "official leave." Authorized absences include court leave (jury and witness), hot weather dismissal, hazardous weather dismissals, hazardous weather conditions, voting and registration, civil defense activities, military funerals, blood donations, required examinations, conferences and conventions, representing [labor] organizations, closing of station or office because of local holidays, and military leave.
b. Court Leave. Court leave is leave with pay for attending court, as a witness not in an official capacity, on behalf of a State or local government, or jury service in a United States, District of Columbia, or a State or local court. An employee will be required to furnish evidence of jury service. The compensation and service fees received will be turned in to the agent cashier, except for jury service during a holiday when he was excused from duty. For further explanations see figure [101. F22] and FPM Supplement 990-2.
[c.] Maternity Leave. Leave related to pregnancy and confinement often referred to as "maternity leave", may consist of sick leave, annual leave, and/or LWOP.
[d.] Leave in Connection With Travel. Employees traveling at Government expenses will be carried in a duty status for the period required to perform the travel authorized. If the total elapsed traveltime is excessive, such excessive time is chargeable to leave.
[e.] Suspensions. Periods of suspension will be recorded under the "OTH" column, "Time Absent" section of VA Form 4-5631, Time and Attendance Report. These hours must be coded as "WOP" in the applicable weekly WOP field. In these instances there will be no recording under the "RG" column. The Remarks section will contain a brief explanation such as, "Suspension" and the appropriate beginning and ending date.
[f.] Pay Continuation. An employee who has sustained a disabling, job related traumatic injury may elect to have his/her regular pay continued (to include basic pay, [special pay] as well as night or shift differential, Sunday pay, premium pay on an annual basis and environmental differential pay) for a period up to 45 calendar days rather than have the absence charged against his/her leave account. Continuation of regular pay will be recorded in the Time and Attendance Report, VA Form 4-5631, by entering a "" in the "OTH" column, time in pay status, for each calendar day for this purpose. Normal entries are required in the "RG" column. The number of regularly scheduled hours or days representing pay continuation in each week will be coded under the heading "PA or PB." The total number of workdays for the pay period will be coded in the "Misc Data" field under the Heading "Work Comp."
SECTION 105.00 TIME AND ATTENDANCE RECORDING
105.01 RECORDING REGULAR AND UNSCHEDULED AND IRREGULAR TOURS
a. General Time. Time and leave will be recorded on VA Form 4-5631 daily. Post all hours employee is in a pay status in appropriate columns undertime in a pay status and all hours in an absent status in the appropriate columns under time absent.
b. Regular Hours
(1) Employees Paid in Hours. Record in the "RG" column under time in pay status section all time in a pay status for which the employee is entitled to receive regular pay. (See par. 105.0[6] for "regular hours at an overtime rate.") Time for which an employee may be additionally, entitled to receive premium pay of any type (night differential, tour differential, day or shift overtime, or day, or shift holiday pay) and overtime for which compensatory time off is elected by the employee will be reflected separately in the other appropriate columns under time in pay status section. Time for all types of leave (including all excused absences) charged under "Time Absent" section, except "AWOL" and "LWOP," will also be reflected in the "RG" column.
NOTE: Hours posted in the "RG "column include all regularly scheduled periods of service. This is true even though portions of such service may additionally qualify for payment at premium rates. The hours posted in this column will equal the normal hours established in the employee master record, unless there has been a period of nonpay, WOP or WOL.
(2) Employees Paid in Days. A check will be posted in the "RG" column for each day on which the employee is in a pay status with one exception, namely, administrative nonduty days (days on which no duty is scheduled). The administrative nonduty days will be indicated by posting an "X" in the "RG" column for each calendar week during which the employee [does not] render[ ] any duty. When the employee is on annual leave status the entire calendar week, the administrative nonduty day(s) need not be indicated. The administrative nonduty days will be indicated when the employee is in a sick leave status for the entire calendar week. All types of leave will be posted in the appropriate columns with a check. In addition the following will be applicable to physicians and dentists who engage in outside activities for remuneration.
(a) To comply with DM&S policy an 80-hour tour of duty per [pay] period will be established for these employees.
(b) The number of scheduled hours actually worked or in a leave status (sick, annual or authorized absence), will be posted daily in the "OTH " column. If an employee works less than the number of hours scheduled for a particular day the employee may be excused from duty by his/ her immediate supervisor for less than a major portion of the scheduled hours for the day. Excused leave may not be granted more than twice in any pay period. Under no circumstances will excused leave be granted to permit an employee to engage in outside professional activities for remuneration.
(c) lrregular tours of duty (tours of duty which differ from the regularly established hours or tours of duty at the station) will be recorded in the "Irregular Tours" column. In those instances where an irregular tour of duty is established to permit an employee to engage in approved remunerative activities during the regularly established hours of duty at the [facility], a notion will be made in the remarks section of VA Form 4-5631 citing specific teaching and/or consultation agreements or other authority permitting remunerated activity.
c. Unscheduled Regular Hours. Post the hours or days of duty for those employees not having a regular preestablished tour of duty, such as intermittent employees, hours worked in excess of regular tour by part-time employees, or, for full-time employees, the number of hours spent traveling which qualify as "hours worked" under the FLSA (see apps. B and C). The hours worked by fee basis nurses appointed by [SF 50B], will also be posted in the "US" column. In some instances it will be necessary to use this column in conjunction with "regular hours at an overtime rate."
EXAMPLE 1: A part-time employee has a regular tour of 8 hours Friday of each week, but also works 8 hours on Thursday. Post "8" in the "RG" for the Friday and "8" in the "US" column for Thursday.
EXAMPLE 2: A full-time employee who works from 8 a.m. to 4:30 p.m. from Monday through Friday travels to a temporary duty station on Sunday during the hours of 2:30 p.m. to 6 p.m. Post "2" in the "US" for Sunday. This entry must be explained in the remarks section.
d. Irregular Tours of Duty. Entries will be made in the column headed "Irregular Tours" only when all or a portion of an employees regular tour of duty is at variance with the regularly established hours of duty at the [facility]. EXAMPLES: The established hours of business at the [facility] are 8 a.m. to 4:30 p.m. Monday through Friday. The employee's tour is from 9 a.m. to 5:30 p.m. The tour for a part-time employee will always vary from the established business hours of the [facility]; therefore, the preestablished tour of duty for part-time employees must be entered.
105.02 NIGHT SHIFT [FACILITY] DIFFERENTIAL
a. General. Night shift [ ] differential will be recorded on VA Form 4-5631, Time and Attendance Report, in accordance with the following subparagraphs:
b. N/D Total Hours and N/D Leave & Hol. The total number of hours of night differential entitlement for each week under existing rules and regulations must be coded in the "N/D total hours" field for the appropriate week. Recording entries for each week must then be reviewed to determine the number of night differential hours that are being paid for periods of nonwork such as periods of annual and sick leave or when excused from duty on a legal holiday. The total of such hours for each week must then be coded in the applicable "N/D leave & hol" field. For example, a full-time wage employee who is regularly assigned to shift 3 uses 4 hours of sick leave and is also excused from duty for his 8-hour tour on a holiday. In the second week of the pay period, the employee performs duty during the entire workweek. The entry in the "N/D total hours-3" field would be 40 hours for each week while the entry in the "N/D leave & hol-3" field for week 1 would be 12 hours.
c. Instructions Applicable to Specific Categories of Employees
(1) General Schedule [Employees.] If an employee performs all or any part of his/her regularly scheduled tour of duty (or is assigned temporarily to a regularly scheduled tour of duty other than his/her own tour) between the hours of 6 p.m. and 6 a. m., he/she is entitied to night differential for those hours actually occurring between 6 p.m. and 6 a.m. The number of hours in his/her regularly scheduled tour of duty will be posted in the "RG" column, and the number of hours occurring between the hours of 6 p.m. and 6 a.m. will be posed in column "2" under the "N/D" heading (time in a premium pay status). EXAMPLE: Employee's regularly scheduled tour of duty is from 3:30 p.m. to 12 p.m., with 1/2 hour allowed for lunch from 5 p.m. to 5:30 p.m., post "8" hours in the "RG"column and "6" in column 2 under the "N/D"heading. Using the foregoing, if time allowed for lunch has been from 6 p.m. to 6:30 p.m., "8" hours would be posted in the"RG" column and "5 1/2" hours in column "2" under the "N/D" heading.
NOTE: Night differentials is payable for periods of leave with pay when such sick leave (regardless when taken) totals less than 8 hours, within the pay period. Payment is proper for holiday when the employee has been excused without charge to leave. [In addition, these employees are entitled to night differential when on military, leave or court leave.] Night differential is payable for periods of overtime duty, provided such overtime duty, is performed on, or as a part of a regularly established tour of duty. The election of compensatory time in lieu of overtime pay will not affect the employees entitlement to night differential for such duty. Irregular or occasional overtime duty not performed on or as a part of an established tour will not qualify for additional payment of night differential even though such overtime is performed between the hours of 6 p. m. and 6 a. m.
(2) Wage Employees, Nonappointed Fund and Retail Clerical and Administrative Employees of the Veterans Canteen Service, [ ] and Purchase and Hire Employees. Shift differential payments will be determined as explained below. Postings will be made to column "2" or "3" as applicable under the "N/D" heading. These employees are entitied to [payment] at the scheduled rate plus a differential of 7 1/2 percent of the scheduled rate for regularly scheduled nonovertime work when a majority (5 or more of the regularly scheduled 8-hour shift) occurs between 11 p.m. and 8 a.m. (shift 3). No shift differential is payable when less than of the workhours occur between 3 p.m. and 8 a.m. Meal breaks of 1 hour or less that occur when a night shift differential is authorized should be included for purposes of determining prevailing rate employees' entitlement to a night shift differential. Thus, in the situation where an employee works from 11:30 a.m. to 8 p.m. with a meal break from 3:30 p.m. to 4 p.m., the 30 minute meal break is included to determine that a majority of hours of work occur during a second shift and a 7 1/2 percent night shift differential is payable. Entitlement to a shift rate based on the employee's regular tour assignment, rather than actual performance of duty within shift 2 or shift 3, must be explained in "REMARKS" on VA Form 4-5631. The entry [in] "Irregular Tours" will indicate the tour during which duty was actually performed.
(a) The employee will be paid at the shift 2 rate for the entire shift when assigned to a regularly scheduled tour of duty, the majority of which occurs between the hours of 3 p.m. and midnight.
(b) The employee will be paid at the shift 3 rate for the entire shift when assigned to a regularly scheduled tour of duty, the majority of which occurs between the hours of 113 p.m. and 8 a.m.
(c) A wage employee regularly assigned to a day shift will receive the shift 2 or shift 3 rate when temporarily assigned to work a regular shift for which the shift 2 or shift 3 rate is payable.
(d) A wage employee regularly assigned to shift 2 or shift 3 and temporarily assigned to a day shift or another shift will receive the rate of his/her own tour or the tour actually worked whichever is greater.
EXAMPLE 1: Regularly scheduled tour of duty is 4 p.m. to midnight, no lunch period scheduled. Payment for the total tour would be 8 hours at the shift 2 rate.
EXAMPLE 2: Regularly scheduled tour of duty is from midnight to 8 a.m., no lunch period scheduled. Payment for the total tour would be 8 hours at the shift 3 rate.
EXAMPLE 3: Regularly scheduled tour of duty is from 7:30 p.m. to 4 a.m. with a scheduled lunch period from 11 p.m. to 11:30 p.m. Payment for the total tour would be 8 hours at the shift 3 rate.
EXAMPLE 4: Regularly scheduled tour of duty is from 6 p.m, to 2 a.m. the following day, no lunch period scheduled. Total payment would be 8 hours at the shift 2 rate.
EXAMPLE 5: Regularly scheduled tour of duty is from 10 a.m. to 6:30 p.m. with a scheduled lunch period from 1 p.m. to 1:30 p.m. Total payment would be at the day rate.
EXAMPLE 6: Part-time employees with a regularly scheduled tour of duty from 2 p.m. to 6 p.m. Payment for the total tour would be at the shift 2 rate as the majority of the tour occurs after 3 p.m.
(e) Periods of leave with pay (including traveltime and authorized absence) will be paid at the rate the employee would have received had he/she been in an actual duty status. When, because of irregular tour assignments, it cannot be determined which tour the employee would have worked had he/she been in a duty status rather than a leave status, he/she will be paid the rate he/she was receiving at the time the absence began.
EXAMPLE 1: Employee is on extended sick leave for a period of 6 weeks, he/she is assigned to shift 2 on a full-time, nonrotating basis. The entire period of absence is paid at the shift 2 rate.
EXAMPLE 2: Employee is on extended sick leave for a period of 6 weeks, he/she is regularly rotated on the basis of 2 days each week on shift 2 and 3 days each week on shift 3. Payment for the entire period of absence would be 96 hours at the shift 2 rate and 144 hours at the shift 3 rate.
EXAMPLE 3: Employee is on 2 weeks annual leave, he/she is regularly roatated on the basis of four weeks on shift 3, followed by four weeks of day work, the assignment to day work commenced on the first workday of the second week of leave. Payment for the period of absence would be 40 hours at the shift 3 rate and 40 hours at the day rate. Had the first day of leave corresponded to the first day of assignment of the day work, payment would have been 80 hours at the day rate.
EXAMPLE 4: Employee is on 2 weeks annual leave, he/she does not rotate between shifts on an established basis, it cannot be administratively determined what his shift assignment would have been had he/she actually performed duty during the 2-week period, his/her last duty assignment prior to commencing the period of leave was to shift 3. The entire period of absence would be paid at the shift 3 rate.
(3) Nurses. A [night] differential of 10 percent of the employee's basic hourly rate will be paid for service (including overtime service) performed on a tour of duty, any part of which falls within the period beginning at 6 p.m. and ending at 6 a.m., provided 4 or more hours of the tour fall between 6 p.m. and 6 a.m. When less than 4 hours fall between 6 p.m. and 6 a.m. the differential will be paid for each hour of service performed between those hours only. The number of hours of tour differential to which an employee is entitied will be posted in column "2" under the "N/D" heading. The foregoing also applies to part-time employees and intermittent employees.
NOTE: When on annual or sick leave, a nurse shall be entitled to [night] differential pay otherwise appropriate, provided the total amount of such leave in a pay period is fewer than 8 hours. In addition, these employees are entitled to [night] differential when on military leave, court leave, or authorized absence. Payment is proper for holidays when the employee has been excused without charge to leave.
(4) Physicians, Dentists, Podiatrists and Optometrists Subject to 38 U.S.C. Ch. 73. These employees are not entitled to night differential payments.
(5) Piecework Employees of the Veterans Canteen Service. Piecework (commission) employees of the Veterans Canteen Service are not entitled to night differential.
105.03 SUNDAY PREMIUM PAY
a. General. Certain employees having a regularly scheduled 40-hour workweek are entitied to premium pay for work actually performed within the basic workweek during a regularly scheduled tour of duty any part of which is within the period midnight Saturday and midnight Sunday.
b. Instructions Applicable to Specific Categories of Employees
(1). General Schedule [Employees.] Premium pay is equal to 25 percent of basic compensation for each hour of work performed within a tour of duty to a maximum of 8 hours. If an employee has two separate tours on Sunday such as a tour that begins on Saturday and ends on Sunday and another tour that begins on Sunday and ends on Monday, he/she is entitled to premium pay not to exceed 8 hours for each tour of duty. Except for military leave and court leave, Sunday premium pay is not paid without the actual performance of duty. Sunday premium pay is not payable for overtime duty. Part-time employees do not qualify for Sunday premium pay. Sunday premium hours will be recorded in column "D" under the Sunday heading.
(2) Wage Employees, Nonappointed Fund and Retail Clerical and Administrative Employees of the Veterans Canteen Service, [ ] and Purchase and Hire Employees. The provisions of subparagraph (1) above are equally applicable to these employees except that entitlement to Sunday premium pay will be at the applicable shift rate. Sunday premium pay is not payable for overtime duty. Part-time employees are not entitled to Sunday premium pay. Sunday hours will be recorded in the appropriate shift column (D. 2 or 3) under the "Sunday" heading.
(3) Nurses, [and Certain General Schedule employees who are authorized to receive premium pay under the provisions of 38 U.S.C. 4107e(2) through (10).] For service rendered on a Sunday tour of duty (including overtime), any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday, an employee shall receive additional pay for each hour of service at a rate equal to 25 percent of the employee's basic hourly rate. An employee who performs service on two separate tours of duty on Sunday which qualify for Sunday pay shall receive additional pay for each hour of both tours. Part-time and intermittent employees as well as graduate nurse technicians are also entitied to Sunday premium pay for service rendered on a Sunday tour of duty. Posting will be in the "D" column under the "Sunday" heading.
(4) Physicians, Dentists, Podiatrists and Optometrists Subject to 38 U.S.C. Ch. 73. These employees are not entitled to Sunday premium pay.
(5) Piecework Employees of the Veterans Canteen Service. Piecework (commission) employees are not entitied to Sunday premium pay.
[105.04 SATURDAY PREMIUM PAY
a. General. Certain full-time and part-time employees whose tour of duty includes Saturday are entitled to premium pay for work performed on tours beginning at midnight Friday and ending at midnight Saturday.
b. Instructions Applicable to Specific Categories of Employees.
(1) Nurses. Saturday premium pay equals 25 percent of the basic pay received for each hour in a pay status on a Saturday tour of duty. If an employee has two separate tours, such as a tour that begins on Friday and ends on Saturday and another tour that falls entirely on Saturday, he/she is entitled to premium pay not to exceed 8 hours for each tour of duty. Saturday premium pay hours will be recorded on the VA Form 4-5631 under the Sunday heading in column "3"', thus, coding will be recorded in the coding field labeled "Sunday 3" for the applicable week of the pay period. NOTE: In those instances where an employee has a tour of duty that begins on Saturday and ends on Sunday, the employee's premium entitlement will be recorded as Sunday premium pay. This will enable the PAID System to accurately compute the extra cost incurred as a result of Saturday & premium pay.
(2) All Other Employees. Excepted as provided in subparagraph (1) above, all other employees are ineligible to receive Saturday premium pay.]
[105.05] OVERTIME/COMPENSATORY TIME
(Including Entitlement Under the Overtime Provisions of the FLSA Fair Labor Standards Act)
a. General. The following instructions are to be used in conjunction with the appendixes to this supplement in order to give full recognition to the overtime provisions of the FLSA.
(1) Overtime. Overtime is defined as each hour of work in excess of 40 hours in an administrative work week or in excess of 8 hours in a day, whichever is greater. (See par. 105.0[6] for "regular hours to be paid at an overtime rate.") [When determining whether or not an employee meets this criteria, any absence on paid leave is to be disregarded.] For any period of absence without pay within an employee's 40-hour workweek, an equal period of service performed outside the basic workweek, but during the same calendar week Sunday through Saturday, must be substituted and paid at the basic hourly rate, or if appropriate as regular hours at an overtime rate, before any remaining periods of service in excess of 40 hours in a workweek can be paid at the overtime rate. Overtime may be authorized in multiples of not less than 15 minutes. (Overtime service of less than 15 minutes will be disregarded, e.g., an employee performs overtime duty for a period of 25 minutes, payment would be made for 15 minutes.) Any time worked on an employee's administrative non-duty days and in excess of his/her [basic] 40-hour workweek even if on a "legal" holiday is overtime or compensatory time and not holiday time.
(2) Callback Overtime. Any unscheduled overtime work performed by an employee who is called back to work on an off-duty day, or on a regular workday after completion of his/her regular schedule of work and has left his/her place of employment, will be considered to be at least 2 hours in duration. The actual time worked will be reflected in the "Remarks" section of VA Form 4-5631 along with a reference to the approval date of VA Form [4-1098.]
(3) The Fair Labor Standards Act. [The FLSA is an alternate method of computing overtime pay for personnel receiving premium pay under Chapter 55 of Title 5 U.S.C. The employee receives overtime pay under whichever method provides the greater benefit. Under the FLSA,] a nonexempt (covered) employee becomes entitled to overtime compensation (for actual hours worked in excess of 40 hours per week) for all work which management "suffers or permits" to be performed. In addition, any work performed prior to or after the established shift hours or during the prescribed lunch period by a covered employee for the benefit of the Agency, whether requested or not, is working time if the supervisor knows of or has reason to believe such work is being performed. Exempt employees continue to be paid overtime work in the same manner as in the past. The FLSA is an alternative method of computing overtime pay for personnel receiving premium pay under ch. 55 of title 5, U.S.C. The employee receives the greater benefit.
Affect of Paid Absences on Hours Worked Under the FLSA. FPM Letter 551-22 modified the procedures for determining the numb,!r of hours worked under the FLSA for those employees who are receiving annual premium pay for standby duty under 5 U.S.C. 5545(c)(1); annual premium pay for AUO (administratively controllable overtime) work under 5 U.S.C. 5545 (c)(2); and overtime pay for "regularly scheduled" overtime work as defined in 5 CFR 550.103(p) and 610.102(g) (not under an Alternative Work Schedule). Specifically, this decision provides that FLSA hours of work by affected employees will not be reduced for absence on annual and sick leave, court leave, military leave, excused holidays, and excused absences. Therefore, if an employee in any three covered situations described herein receives pay for periods of nonwork (leave, holidays, or excused absences), the hours of paid absence must be counted as if they were "hours of work" for the purpose of determining the employee's FLSA overtime pay entitlement. In the VA, this change was effective August 2, 1987. A new field (OT lrr/Sch) has been added in the coding area of this field whenever an employee works overtime hours or is in receipt of AUO or standby pay.
(4) Overtime While in a Travel Status
(a) Title 5. Time in travel away from the official duty station of an employee is deemed employment only when:
1. It is within his/her regularly scheduled administrative workweek, including regular overtime work.
2. The travel involves the performance of work while traveling, is incident to travel that involves the performance of work while traveling, is carried out under such arduous and unusual conditions that the travel is inseparable from work, or results from an event which could not be scheduled or controlled administratively. (For further explanation see FPM Supp. 990-2, book 550, subch. S1.)
(b) Fair Labor Standards Act
1. Time spent traveling away from official duty station during regular working hours is considered "hours of work" under both title 5 and the FLSA. However, time spent traveling away from the official duty station that occurs outside regular working hours is "hours of work" under the FLSA if an employee (1) performs work while traveling (including travel as a driver of a vehicle), (2) travels as a passenger to a temporary duty station and returns during the same day, or (3) travels as a passenger on nonworkdays during hours which correspond to his/her regular working hours. Thus, whether time spent traveling outside regular working hours is considered "hours of work" under FLSA depends upon the kind of travel involved. Traveltime by nonexempt employees that meets the conditions specified in the attachment to FPM Letter 551-10 and FPM Letter 551-11 (see apps. B and C) shall be considered as hours of work under the FLSA.
2. Recording Traveltime Under FLSA. Record under the "US" column the number of hours full-time employees spend traveling (but not other time in a travel status) away from his/her official duty station when such traveltime meets the criteria to be considered as hours worked under the FLSA.
EXAMPLE: A full-time employee who regularly works from 8:00 a.m. to 4:30 p.m. from Monday through Friday and who travels to a temporary duty station on Sunday between the hours of 2:30 p.m. to 6:00 p.m. would have 2 hours posted in the "US" column on that Sunday. This is an unusual entry and must be explained in the "Remarks" section.
NOTE: No postings will be made for full-time employees paid in days or for part-time employees paid in hours.
(c) Title 38. Nurses [ ] are entitled to overtime compensation while in a travel status on the same basis as Title 5 employees (see subpar. (a) above).
b. Compensatory Time
(1) An employee whose basic annual salary does not exceed the maximum scheduled rate of a GS-10 or Veterans Canteen Service grade 10 may elect to take compensatory time off in lieu of payment for irregular or occasional overtime worked. [An employee will indicate his/her election to take compensatory time off in lieu of overtime pay by entering his/her initials in the designated column on VA Form 4-1098.] Veterans Canteen Service employees in grade 11 and above do not qualify for overtime, but may be granted compensatory time for any hours worked in excess of their normal tour of duty. With respect to [General Schedule] employees whose basic annual salary exceeds the maximum scheduled rate for grade GS-10, [ ] the Director or his/her designee at field [facilities] and comparable officials in Central Office may, at their own discretion, require that such employees take compensatory time off for the overtime duty instead of payment. Compensatory time off should be taken as soon as possible after it is earned, but not later than the end of the seventh pay period following the pay period in which it is earned. An employee who fails to take compensatory time off from duty within the time limit prescribed will lose his/her right to such compensatory time unless such failure was due to an exigency of the service beyond the control of the employee. In the latter instance, the employee will be paid for the overtime work at the overtime rate. Payment will be based on a written statement over the signature of the official authorized to approve overtime work. While the seven pay period forfeiture rule applies to both FLSA [ ] exempt [and nonexempt] employees, it must be recognized that [nonexempt] employees who forfeit compensatory time are entitled to be paid for the overtime work under title 5 at the rate at which it was earned.
(2) Payment will not be made if an employee has elected to receive compensatory time off, except as stated above or upon separation when compensatory, time still remains to his/her credit within the prescribed period, in which case it may be compensated for by payment at the overtime rate. The seven pay period requirement is [ ] controlled by the PAID system; therefore. compensatory, time balances [will be automatically] deleted from the employee's master record by [the DPC.] All payment for unused compensation time, including that which remains to an employee's credit at the time of transfer to another VA station or separation, must be accomplished by [facility] input. Payment will be based on the employee's overtime rate that was in effect at the time the compensatory time was earned.
c. Instructions Applicable to Specific Categories of Employees
(1) General Schedule [Employees]
(a) Overtime
1. General
a. Post the number of hours of the regularly scheduled tour of duty (if any for that day) in the "RG" column and the number of excess hours (overtime) in column "D" under the "OT" heading. (See par, 105.0[6] for regular hours at an overtime rate.) The actual time and date worked will be entered in the remarks section, along with a reference to the approval date of VA Form [4-1098].
b. Overtime qualifying for payment under the 2-hour minimum call back rule will be posted in column "D" under the "OT" heading. Each such posting will be followed by the letters "CB." The actual time and date worked will be entered in the "Remarks" section. along with a reference to the approval date of VA form [4-1098.]
c. Columns 2 and 3 under the overtime heading are not applicable to GS employees and per annum employees of the Veterans Canteen Service.
d. For purposes of the FLSA the number of overtime hours not actually worked must be coded in the "OT Hours Not Worked" field.
EXAMPLE: A General Schedule employee is called back to perform irregular or occasional overtime duty which covers a period of 23 minutes. The overtime coding entries for this week would be 2 hours in the "OT total hours-D" field and 1 3/4hours (coded as 0 3) in the "OT hours not worked-D" field.
2. Special FLSA Provisions Applicable to Nonexempt Employees in Receipt of Annual Standby Premium Who Are Not Engaged in Fire Protection or Law Enforcement Activities. These employees are entitled to be compensated at an overtime rate under the FLSA for all hours actually worked in excess of 40 hours per week. In applying these provisions, hours in a standby status are considered "hours worked" except that 8 hours representing sleep time during a standby period will be deducted from each scheduled period of continuous duty of 24 hours of an employee. except as otherwise provided in paragraph 3 of FPM Letter 551-14. Accordingly, all hours in a standby status must be recorded in the "SB" (OTH) column with the total of such standby hours for each week to be coded in the "on call standby" field for the applicable week. In addition, deductible sleep periods must be recorded it the remarks section, indicating the date and the applicable number of sleep hours that are to be deducted. The total number of sleep hours to be deducted for each week will be coded in the "OT-3" NOT WORKED field for the applicable week.
3. Special FLSA Provisions Applicable to Firefighters Occupational Series Code GS-0081 and Law Enforcement Personnel Occupational Series Code GS-0083. These employees are entitled to be compensated at an overtime rate under the FLSA for all hours actually worked in excess of (46 1/2) hours per week. In order to give recognition to such factors as lunch hours and the "tour of duty" concept in computing the actual hours worked by these employees, the following special procedures have been established.
a. With Regular Tour of Duty in Excess of 40 Hours Per Week. When these employees perform irregular or occasional overtime duty to provide tour coverage, the employee will be entitled to compensation under the provisions of title 5 based on the two-thirds rule. However. under the FLSA the entire "tour of duty" is considered as hours worked. Thus, if an employee is on duty for an additional [24]-hour shift outside of his regularly scheduled tour of duty, the employee is entitled to [16] hours at the overtime rate under title 5, while the full [24]-hour shift would be considered as hours worked for FLSA purposes. This would be accomplished by recording [16] hours (two-thirds of [24] in the "OT-D" column and the remaining [8] hours in the unscheduled regular column on the day on which the additional shift was worked. [Note however that the two-thirds rule cannot be applied to tours of less than 24 hours.] At the end of the week, the two columns would be totaled and entered into the applicable coding fields for that week.
b. With Regular Tour of Duty of 40 Hours Per Week. Under the overtime