BOP 322.2 Chg 1, National Nuclear Security Administration Leave Administration and Hours of Duty (Redline)

NATIONAL NUCLEAR SECURITY ADMINISTRATION 1. OBJECTIVE. To establish policy, requirements, and responsibilities for various practices relating to leave and hours of duty to include: Work Schedules Annual Leave Restoration of Leave Sick Leave Family and Medical Leave Act (FMLA) Absence for Maternity Reasons/Adoption Voluntary Leave Transfer Program Court Leave Military Leave Funeral Leave Administrative Leave Leave Without Pay (LWOP) Absent Without Leave (AWOL) Telecommuting (Flexiplace) This Directive should be read in conjunction with applicable agency policy, federal regulations, and applicable provisions of local collective bargaining agreements. 2. APPLICABILITY. The provisions contained herein apply to all federal NNSA employees except for employees covered by collective bargaining agreements. 3. REQUIREMENTS. The Head of each Office will determine the work schedules available for their respective worksites consistent with NNSA’s policy for Core Hours. The work schedules should be conducive to ensuring mission requirements are not impacted. Based on these requirements, the full range of work schedules may not be available at each site or within certain organizations. However, each office is required to offer a Basic Tour schedule. Each office will communicate the schedules available to employees in their respective organization. While the schedules are established by the Head of an Office, supervisory approval will be required in establishing individual schedules based on organizational needs, and position requirements. Employees may not begin or end any tour of duty before 6:00 a.m. or after 6:00 p.m., except for INITIATED BY: Office of Human Resources NNSA Leave Administration and Hours of Duty 2 those on a First 40 schedule. Consistent with the appropriate schedules, all employees working 8 hours or more are required to take a minimum 30-minute lunch break midway through the workday. a. The schedule options available are: 1) Basic Tour, 2) Alternative Work Schedules (AWS), a) Compressed Work Schedules (CWS) b) Flexible Work Schedules (FWS) 3) First 40-Hour Tour b. HOURS OF DUTY/WORK SCHEDULES: Administrative Workweek: The Administrator has designated that NNSA’s administrative workweek will begin 12:01 a.m. on Sunday and end at 12:00 midnight the following Saturday. Basic Workweek/Tour of Duty: The basic workweek for NNSA is Monday through Friday. Some positions require full-time coverage outside of the designated basic workweek for mission accomplishment. In these situations an alternate basic workweek may be established. However, exceptions to the basic workweek must be submitted through the servicing Human Resources Office, for approval by the Administrator. 1) Basic Tour: This schedule requires the Head of the Office to establish an Office Tour of Duty with fixed arrival and departure times that include 8-hour workdays for employees. Employees may not deviate from the scheduled tour of duty. 2) Alternative Work Schedules (AWS): Compressed work schedules and flexible work schedules fall under AWS. Each of these schedules has unique requirements that allow employee flexibility. Compressed work schedules require that employees have a fixed tour of duty while flexible work schedules require office core hours with arrival and departure flexibility. NNSA has approved the following AWS schedules for implementation in offices that allow these flexibilities. See Appendix A for

models of CWS schedules and Appendix B for models of FWS schedules. a) Compressed Work Schedules (CWS) require a fixed tour of duty for arrival and departure with one or two days off depending on the schedule selected. The tour of duty is established by the supervisor and employee with fixed arrival and departure times. The day(s) off must be determined when establishing the tour of duty. Once established, the employee may not deviate from the scheduled arrival and departure times. NNSA has adopted the following CWS: (1) 5/4-9 Compressed Plan: A full-time employee works eight 9-hour days and one 8-hour day for a total of 80 hours in a bi-weekly pay period. The NNSA Leave Administration and Hours of Duty 3 employee is entitled to one day off during each bi-weekly pay period. The workdays must be scheduled Monday through Friday. (2) Four-Day Workweek: A full-time employee must work 10 hours per day, 40 hours per week, and 80 hours per bi-weekly pay period. The workdays must be scheduled Monday through Friday. The employee is entitled to one day off each week. b) Flexible Work Schedules (FWS) require that the Head of an Office establish office core hours during which employees are required to be in a duty status. Employees must account for missed core hours by requesting appropriate leave. The Head of Office may allow for flexible hours at midday (during the lunch break), if they choose. They may also delegate authority to approve an occasional “deviation of core hours” to allow employees maximum flexibility to meet personal and work needs. Core hours must be communicated to employees. Office core hours apply to all employees under a flexible work schedule. NNSA has approved the following flexible work schedules for implementation in offices that allow these flexibilities: (1) Flexitour: Full time employees work 8 hours per day, 40 hours per week, and 80 hours per bi-weekly pay period. The Head of Office establishes flexible hours surrounding core hours from which the employee may select a tour of duty. Employees select fixed arrival and departure times that include the office core hours. The schedule is subject to supervisory approval. (2) Gliding Schedule: Full time employees must work 8 hours per day, 40 hours per week, and 80 hours per bi-weekly pay period. The Head of Office establishes core hours, and provides for flexible time bands at the start and end of the workday – and may also allow for flexible hours at midday. Employees may vary arrival and departure times on a daily basis during the established flexible hours. (3) Maxiflex: Full-time employees must work 80 hours in a bi-weekly pay period. The Head of Office establishes core hours for fewer than 10 workdays. Employees may vary the number of hours worked on a given workday or the number of hours each week within limits established for the organization. The Head of an Office may allow employees working under these schedules to earn credit hours, provided the employee does not earn more than 2 hours per day, and does not accumulate more than 24 credit hours for carryover from one bi-weekly pay period to a succeeding bi-weekly pay period. Any credit hours accumulated in excess of 24 are forfeited. The Head of Office must establish the requirements for earning credit hours NNSA Leave Administration and Hours of Duty 4 (e.g., with or without supervisory approval, limit per day/week, etc.).

3) First 40-Hour Tour of Duty: This work schedule is available only to the Office of Secure Transportation. This schedule is one in which an employee’s administrative workweek consists of the first 40 hours of work performed within a period of time beginning at 12:01 a.m. Sunday, and ending at 12:00 midnight the following Saturday. This schedule must only be used when it is evident that the employee’s work will probably occur outside normal workdays and work hours established for NNSA employees. 4) Supervisory concurrence is required for schedules other than the Basic Tour of Duty. 5) Heads of Offices that authorize a flexible work schedule or a compressed work schedule shall establish a time-accounting method that will provide affirmative evidence that each employee subject to the schedule has worked the proper number of hours in a bi-weekly pay period. A sample time/attendance sheet is attached. 6) Supervisors may require an employee to change their work schedule from a compressed or flexible schedule when the employee is working outside of the office (e.g., to attend training, on official business, on detail to another position, etc.) or for performance or misconduct related issues. 7) An employee may not participate if performance rating level is NI or below. 8) Supervisors may require changes to employees’ regular days off, under a CWS, for work-related reasons. A regularly scheduled day off may also be changed occasionally based on extenuating circumstances, authorized by the supervisor. 9) Employees occasionally may be ordered to report for duty on their regularly scheduled days off, when the leave approving official makes a determination based on workload requirements. 10) Employees who wish to change their tour of duty under the CWS must make the request in writing. If the supervisor approves the work schedule change, it may be effective at the beginning of the following pay period. c. LEAVE 1) Annual Leave a) Annual leave is used for absence for any personal matters in increments of 15 minutes. The use of annual leave is a right of the employee, but is subject to approval by his/her supervisor. In approving/disapproving annual leave, the supervisor should balance the needs of the employee with those of the office. NNSA Leave Administration and Hours of Duty 5 b) The amount of annual leave earned in a year is based on an employee’s total years of creditable service, including creditable military service (excluding SES, SL and ST employees, and Pay Band V Excepted Service – see d. below), and for some employees hired after April 28, 2005 applicable non-Federal service. Annual leave is earned beginning at the start of the first full pay period of employment, at the beginning of the leave year, or at the beginning of an employee’s appointment. If the total service is: (1) less than 3 years, an employee earns 4 hours per pay period; (2) 3 to 15 years – earn 6 hours per pay period plus 4 additional hours in the last pay period of the leave year; (3) 15 or more years – earn 8 hours per pay period. c) The Federal Workforce Flexibility Act of 2004 (PL 108-411) provides for crediting military and non-Federal service for newly appointed or reappointed employees if the candidate’s experience is directly related to the position for which selected and the experience is necessary to achieve an important mission or performance goal. This provision applies only to a newly appointed employee

or an employee who is reappointed following a break in service of at least 90 calendar days from the date of his or her last period of Federal civilian employment. The credit must be approved prior to an employee’s entrance on duty (EOD) date and may not be applied retroactively. d) Leave is prorated for part-time employees and employees on uncommon tours of duty. e) Effective October 30, 2004, SES, SL, and ST employees, as well as employees in Pay Band V of the EJ, EK, and EN excepted service, will accrue 8 hours of annual leave each pay period, regardless of Service Computation Date (SCD) (Workforce Flexibility Act (S. 129)). f) Annual leave shall not be: (1) advanced from a future leave year, or (2) substituted retroactively for sick leave to avoid forfeiture of annual leave. g) Employees are responsible for requesting and scheduling annual leave in advance, except for brief emergencies. An employee must submit an OPM 71 form (Request for Leave or Approved Absence), or equivalent electronic request, for all absences. If the employee is unavailable to submit a request prior to an absence, he/she must submit one upon returning to duty. h) Unscheduled Absences/Brief Emergencies – Supervisors are responsible for establishing leave requesting procedures for their organization. They must also ensure those procedures are communicated to the employees. NNSA Leave Administration and Hours of Duty 6 i) Advanced annual leave is limited to the amount of annual leave that would be accrued through the end of the leave year. Employees do not have an entitlement to advanced annual leave, requests are considered on a case-by-case basis. The programming of the time and attendance system is such that a charge of annual leave when there are insufficient accruals, will automatically advance annual leave to the employee. Care must be taken to ensure it is an appropriate approval by the supervisor. Supervisors are responsible and accountable for the timesheets they certify each pay period. Therefore, they should ensure the employee has adequate leave to cover the absence. If they do not, they must ensure that approval of advanced leave is appropriate before certification. 2) Restored Leave. a) Except for employees serving, or who formally served, in the Senior Executive Service, or were recruited from overseas, the maximum amount of annual leave that may be carried over from one leave year to the next is 240 hours. The Government Management Reform Act (P.L. 103-356) amended Title 5, United States Code, section 6304(f). The statute now provides the 90-day (720-hour) limit on the amount of annual leave that career and non-career members of the Senior Executive Service may carry over from one leave year to the next. An employee who is hired outside of the United States may accumulate up to 45 days (360 hours) while overseas, and is allowed to maintain that balance without it being affected, until such time as the balance falls to 240 hours or below. b) Under certain conditions, forfeited annual leave may be restored under 5 U.S.C. 6304(d). However, the provisions for restoration are intended to rectify serious inequities and not simply protect employees from their own negligence in requesting leave early enough in the year to prevent its loss. Restoration of forfeited annual leave is not an employee right or entitlement. The requesting and scheduling of “use or lose” leave should not be delayed until the end of the

year, since a request for restoration of lost leave may be denied because of the employee’s failure to request it in a timely manner. Proper scheduling of the leave should occur throughout the year. c) It is expected that most annual leave requests will be approved and taken, thus minimizing the instances of restored leave. Please note that leave restoration is intended only to rectify circumstances beyond an employee’s control and is not to be used to cover negligence in managing personal leave. In rare instances, leave may be restored when forfeited due to one of the following:  Administrative error when the error caused the loss of annual leave;  Sickness of the employee when annual leave was scheduled; or  Declaration of an exigency of the public business NNSA Leave Administration and Hours of Duty 7 (1) Administrative Error. When an administrative error causes the loss of annual leave, the leave may be restored. If official records are not available to substantiate the amount of annual leave to be restored, an estimate of the employee’s leave account is acceptable when accompanied by official statements clearly reflecting the factors which form the basis for the estimate. When an employee makes a timely request for leave, but the supervisor fails to schedule it during the leave year, or to request a determination that a public exigency exists, the Comptroller General has determined that such supervisory negligence constitutes administrative error and the employee’s leave may be restored (57 Comp. Gen 325). Such negligence can form the basis for a disciplinary action against the supervisor by higher level management. (2) Sickness (a) Annual leave that was forfeited because of illness that interfered with the taking of the scheduled annual leave may be restored for later use provided that: 1 The annual leave was scheduled in advance in writing before the start of the third bi-weekly pay period prior to the end of the leave year as prescribed in the preceding paragraph; and 2 The period of absence because of sickness occurred so late in the leave year, or was of such duration, that the annual leave could not be rescheduled before the end of the leave year to avoid forfeiture. (b) When annual leave has not been properly scheduled in advance and will therefore be forfeited without possibility of restoration, employees on sick leave near the end of the leave year should consider charging the absence against their “use or lose” annual leave rather than sick leave. However, retroactive substitution of annual leave for sick leave is not permitted except to liquidate advanced sick leave (38 Comp. Gen. 354; 37 ibid. 439). (c) Exceptions to the scheduling requirement may be allowed for very prolonged illness before the end of the leave year. (3) Exigencies of the Public Business. There are two requirements in the law which must be met: (a) The exigency must be of such importance as to preclude the use of scheduled leave. This determination must be made in advance of the cancellation of scheduled leave by a HQ 1st Tier Manager, the Service Center Director or Site Office Manager. NNSA Leave Administration and Hours of Duty 8 (b) The leave must have been scheduled and approved in writing before the start of the third bi-weekly pay period prior to the end of the leave year to ensure that it can be taken or rescheduled before the end of the leave year. An approved and dated leave request will

substantiate timely scheduling. A disapproved leave request only shows that the leave was requested, not that it was scheduled, and is insufficient to satisfy the legal requirement. Other documentation, such as a leave schedule, is acceptable if it clearly shows the supervisor’s approval before the statutory time. (4) Requesting a Determination that an Exigency Exists. An exigency of the public business exists when an unforeseen work requirement arises late in the year and is of such urgency that properly scheduled leave will have to be canceled even though it is subject to forfeiture. With careful planning of work and scheduling of leave, such cases should be rare. Even when they occur other alternatives should be considered. These include shifting work assignments among subordinates and canceling all leave which is not subject to forfeiture before any “use or lose” leave is canceled. (Because of the extra cost involved, overtime would not normally be justified or cost effective simply to avoid forfeiting leave.) However, when it appears that, despite careful planning, an exigency will require properly scheduled leave to be canceled and there is insufficient time remaining in the leave year to reschedule it, the exigency should be fully described in a memorandum addressed to the HQ 1st Tier Manager, Service Center Director, or Site Office Manager. Beginning and ending dates of the exigency, or estimated dates, must be shown. Except for bona fide emergencies that make prior approval impossible the determination must be made in advance of the cancellation of scheduled leave. If the request for declaration of an exigency is disapproved, employees must be permitted to use properly scheduled and approved annual leave. (5) Requesting Restoration of Leave for Individual Employees. The decision to restore leave to individual employees is separate from the determination that an exigency exists. In most cases, the determination that an exigency exists will already have been made. Requests to restore the leave of individual employees should include evidence of that determination as well as the following, for each affected employee: (a) Evidence that the leave was approved before the start of the third bi- weekly pay period prior to the end of the leave year; (b) The pay period and amount of leave which was approved and subsequently canceled; and NNSA Leave Administration and Hours of Duty 9 (c) For requests involving illness or administrative error, the reasons why the annual leave could not be rescheduled must be included unless they are otherwise self-evident. At the end of the current leave year, if an employee is carrying an annual leave balance in excess of 240 hours, and the HQ 1st Tier Manager, Service Center Director, or Site Office Manager declared an exigency existed, that employee is eligible to have his/her forfeited leave restored. To have this leave restored, a request to restore lost leave is forwarded to the HQ 1st Tier Manager, Service Center Director, or Site Office Manager for approval. A complete leave restoration package, consisting of the written determination of exigency, approved leave slips, an explanation of why the leave could not be rescheduled and used prior to the end of the leave year, and the approved request for restoration of “use or lose” leave, is then forwarded by the HQ 1st Tier Manager, Service Center Director, or Site Office Manager to the servicing Human

Resources Office for verification and authorization. Packages should be forwarded to the appropriate point of contact, identified by separate guidance issued annually. (6) Use of Restored Leave. Restored leave must be scheduled and used no later than the end of the leave year following the second anniversary of: (a) The date of restoration of the annual leave forfeited because of administrative error; or (b) The date fixed as the termination date of the exigency of the public business which resulted in forfeiture of annual leave; or (c) The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of sickness. (7) Rarely will leave canceled early in the year be eligible for restoration. The intent of cancellation due to an exigency of the public business is only for the period of exigency. All efforts should be made to use excess annual leave outside of the period of exigency. 3) Sick Leave a) Sick leave is provided for absences relating to personal injury, illness, or medical treatment, for certain absences involving family members, and for adoption purposes. (For sick leave purposes, “family member” is defined as spouse, and parents thereof; children, including adopted children, and spouses thereof; parents; brothers and sisters, and spouses thereof; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.) (1) Receiving medical, dental, or optical examination or treatments, NNSA Leave Administration and Hours of Duty 10 (2) Incapacitated for performance of duties by physical or mental illness, injury, pregnancy, or childbirth, (3) Providing care for a family member who is incapacitated by a medical or mental condition or attending to a family member receiving medical, dental, or optical examination or treatment, (4) Providing for a family member with a serious health condition, (5) Making arrangements necessitated by the death of a family member or attending the funeral of a family member, (6) Would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease, or (7) Must be absent from duty for purposes relating to the adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings, required travel; and any other activities necessary to allow the adoption to proceed. (b) Sick leave is earned at the start of the first full pay period of employment. Full time employees earn four hours of sick leave per pay period. The earning rate is prorated for part-time employees. There is no limit on the amount of sick leave carried forward from year to year. Unused sick leave will be credited in the calculation of retirement benefits only if covered by the Civil Service Retirements System (CSRS) or the CSRS Offset. Unused sick leave will be forfeited at retirement for employees covered under the Federal Employees Retirement System (FERS). If an employee leaves federal service before retirement, sick leave remains on the record for future reinstatement. (c) Decisions concerning the granting of sick leave and the acceptability of evidence offered to substantiate an employee’s incapacity to work are made by supervisors, depending on the circumstances in each individual case. A medical

certificate, or other administratively acceptable evidence shall be required for sick leave in excess of 3 consecutive workdays, and may be required for shorter periods if there is concern about inappropriate use of sick leave. An employee must provide administratively acceptable evidence or medical certification for a request for sick leave no later than 15 calendar days after the date the agency requests such medical documentation. (d) When practical, sick leave requests for non-emergency medical reasons should be submitted as far in advance as possible. Supervisors are responsible for establishing leave requesting procedures for their organization. They must also ensure those procedures are communicated to the employees. (e) Advanced sick leave may be requested for up to 30 days (240 hours) for serious disability or ailment when the employee’s earned sick leave balance is exhausted, and when continued employment is expected upon recovery. The outstanding balance of advanced sick leave may not in any case exceed 30 days or, for an NNSA Leave Administration and Hours of Duty 11 employee serving under a time-limited appointment, the amount of sick leave he or she will earn during the term of appointment. Approval of both the first and second line supervisors, together with a written request from the employee, a medical certificate giving evidence of serious disability or ailment, and the approximate date when the employee is expected to be able to return to work, is required to support advanced sick leave requests. Once approved, advanced sick leave packages should be forwarded to the servicing Human Resources Office, for compliance review and processing to the Payroll Office. An employee does not have a vested right to advanced sick leave, regardless of circumstances. Each request is evaluated on a case-by-case basis. (f) Family Friendly Leave Act (FFLA). The FFLA guarantees full-time employees the use of 13 days (104 hours) of sick leave each year to care for family members or for bereavement purposes. The FFLA also allows the use of up to 12 weeks (480 hours) of sick leave to care for a family member with a serious health condition. The term “serious health condition” has the same meaning as for administering the Family and Medical Leave Act (FMLA). That definition includes such conditions as cancer, heart attacks, strokes, severe injuries, Alzheimer’s Disease, pregnancy, and childbirth. The term “serious health condition” is not intended to cover short-term conditions for which treatment and recovery are very brief. The common cold, the flu, earaches, upset stomach, headaches (other than migraines), routine dental or orthodontia problems, etc., are not serious health conditions unless complications arise. The NNSA will require medical certification of a serious health condition. An employee must provide administratively acceptable evidence or medical certification for a request for sick leave no later than 15 calendar days after the date the agency requests such medical documentation. If the 13-day entitlement for family care/bereavement purposes has occurred, that must be deducted from the 12- week entitlement. The employee may use as much sick leave as is available to him/her for purposes related to the adoption of a child, or for the employee’s own medical treatment, or incapacitation due to illness, injury, pregnancy or childbirth. 4) Family and Medical Leave Act (FMLA)

a) Employees who have 12 months of service and are in a permanent position are entitled to 12 administrative workweeks (480 hours) of unpaid leave during any 12-month period for the following reasons: (1) the birth of a son or daughter of the employee and the care of such son or daughter; (2) the placement of a son or daughter with the employee for adoption or foster care; (3) the care of a spouse, son, daughter, or parent of the employee who has a serious health condition; or NNSA Leave Administration and Hours of Duty 12 (4) serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position (illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice; any period of incapacity requiring an absence of more than 3 calendar days and involving continuing treatment by a health care provider; or any chronic or long-term condition). b) The FMLA does not mean that the employee receives any extra leave; nor did the passage of this Act create any new leave category. When an employee invokes the FMLA, he/she is declaring that he/she must be gone from the workplace. Once invoked and supported by sufficient documentation, FMLA is an entitlement; the employee may not be called back to work, nor may the employee’s performance appraisal be adversely affected. c) An employee is required to submit a written request for FMLA to his/her supervisor 30 days in advance of the absence. This should be done on the OPM Form 71, or equivalent electronic request. The request to invoke the FMLA must include an explanation of the reason the absence is needed (including a brief description of the nature and anticipated duration of the medical emergency), and supporting medical documentation from a doctor or practitioner concerning the employee’s/family member’s health condition. The WH-380 form for documenting FMLA can be found at www.dol.gov. It was specifically designed for the FMLA, and most medical practitioners are familiar with it. d) Under certain conditions, FMLA leave may be taken intermittently, or the employee may work under a work schedule that is reduced by the number of hours taken as family and medical leave. An employee may elect to substitute annual leave and/or sick leave, consistent with current laws and regulations, for any unpaid leave under the FMLA. FMLA leave is in addition to other paid time off available to an employee. 5) Absence for Maternity Reasons/Childbirth & Adoption Maternity/Childbirth Sick Leave a) A birth mother is entitled to use accrued sick leave for medical appointments, hospitalization, and her period of incapacitation following childbirth. A birth father may use up to 12 administrative workweeks (480 hours) of accrued sick leave each year to accompany the mother to prenatal appointments, to be with her during her period of hospitalization, and/or to care for her during her recovery period. b) Both parents may use up to 12 weeks of sick leave each year to care for a child with a serious health condition. Both parents may use up to 13 days of that 12- week period to care for a child with minor illness or to accompany a child to a http://www.dol.gov/ NNSA Leave Administration and Hours of Duty 13 medical, dental, or optical appointment. Parents may not use sick leave to be absent from work to bond with, or care for, a healthy child. Annual Leave

c) A mother may use accrued annual leave for pregnancy and childbirth, a father may use accrued annual leave to care for the mother during pregnancy and childbirth, and both parents may use accrued annual leave to be absent from work to bond with, or care for, a healthy newborn. The use of annual leave is subject to the approval of the supervisor. Family and Medical Leave Act d) Each parent is entitled to use a total of up to 12 administrative workweeks (480 hours) of leave without pay under the Family and Medical Leave Act (FMLA) for the birth of a child and care of the newborn. Subject to the supervisor’s approval, FMLA leave may be used on an intermittent basis for absences in connection with childbirth and care of the newborn. An employee may elect to substitute annual leave and/or sick leave for any or all of the leave without pay used under the FMLA, consistent with the laws and regulations for using annual and sick leave. An employee’s entitlement to FMLA leave expires 12 months following the date of birth of a child. Voluntary Leave Transfer Program e) If either the mother or father exhausts their sick and/or annual leave, he/she may receive donated annual leave under the Voluntary Leave Transfer Program. Donated annual leave may be used only for a medical emergency – e.g. the mother’s period of incapacitation or the illness of a child – and may not be used to care for a healthy child. Leave Without Pay (not FMLA) f) Subject to supervisory approval, both parents may use leave without pay for pregnancy and childbirth or to be absent from work to bond with or care for a healthy newborn. Adoption Sick Leave g) An employee may use sick leave for purposes related to the adoption of a child. Examples include, but are not limited to, appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; any periods of time during which adoptive parents are ordered or required by an adoption agency or by a court to take time off from work to care for the adopted child; and any other activities to allow the adoption to proceed. h) Both adoptive parents may use up to 12 weeks each year to care for a child with a serious health condition. Both parents may use up to 13 days of that 12-week period to care for a child with a minor illness or to accompany a child to a NNSA Leave Administration and Hours of Duty 14 medical, dental, or optical appointment. Parents may not use sick leave to be absent from work to bond with or care for a healthy child. Annual Leave i) Adoptive parents may use annual leave for purposes related to the adoption of a child. In addition, adoptive parents may use annual leave to be absent from work to bond with or care for a healthy child. The use of annual leave is subject to the approval of the supervisor. Family and Medical Leave Act j) Each adoptive parent is entitled to use a total of up to 12 administrative workweeks of leave without pay under the Family and Medical Leave Act (FMLA) for adoption and care of a newly adopted child. Subject to the supervisors’ approval, FMLA leave may be used on an intermittent basis for absences in connection with adoption. An employee may elect to substitute annual leave and/or sick leave for any or all of the leave without pay used under the FMLA, consistent with the laws and regulations for using annual and sick leave. An employee’s entitlement to FMLA leave expires 12 months following

the date of placement of a child for adoption. Voluntary Leave Transfer Program k) If either the adoptive mother or father exhausts her or his sick and/or annual leave, she or he may receive donated annual leave under the Voluntary Leave Transfer Program. Donated annual leave may be used only for a medical emergency – e.g. to care for a child with a serious health condition – and may not be used to care for or bond with a healthy child. Leave Without Pay (not FMLA) l) Subject to supervisory approval, both adoptive parents may use regular leave without pay for adoption proceedings or to be absent from work to bond with or care for a newly adopted child. 6) Voluntary Leave Transfer Program a) Under the Voluntary Leave Transfer Program an employee can apply, based on a medical emergency, to receive annual leave donated by other employees. A medical emergency is generally defined as a medical condition of the employee or family member that is likely to keep the employee away from work and cause a loss of pay of at least 24 hours. b) There is no limit on the amount of donated leave an employee may receive from other employees. (There is a limit on the amount of leave an employee may donate to another employee, see e. below.) An employee who receives donated leave may only use this leave for the reason for which they were approved in the program. NNSA Leave Administration and Hours of Duty 15 c) A written request to become a participant in the leave transfer program must be submitted, on an OPM Form 630, through an employee’s supervisor to be considered for the program. The application should include an explanation of the reason the donation is needed (including a brief description of the nature, severity, and anticipated duration of the medical emergency), and supporting medical documentation from a doctor or practitioner. The application form can be found at http://www.opm.gov/forms/pdf_fill/opm630.pdf. The supervisor (who need not approve the request – he/she must only be informed of the request), or employee, will forward the request to the servicing Human Resources Office, for review and coordination. Based on the review the request will be approved or disapproved. d) Generally, an employee is required to use most of his or her available annual and sick leave before using donated leave. While donated leave is being used, a separate annual and sick leave account is maintained which contains 40 hours of his or her leave in each account. This leave can only be used when the medical emergency terminates or if the medical emergency continues and donated leave runs out. e) Use or Lose annual leave can be donated to an approved leave donation program recipient. In accordance with 5 CFR 630.908, “…the maximum amount of annual leave that may be donated during the leave year shall be the lesser of: one-half of the amount of annual leave he or she would be entitled to accrue during the leave year in which the donation is made; or the number of hours remaining in the leave year (as of the date of the transfer) for which the leave donor is scheduled to work and receive pay.” f) The form for donating leave to a DOE/NNSA employee can be found at: http://www.opm.gov/FORMS/PDF_FILL/opm630a.pdf. Forms should be submitted to the servicing Human Resources Office. g) Limits on the amount of leave that an employee may donate may be waived if, at the time the donation is received by the payroll office, the recipient has an

insufficient amount of leave available from other sources to cover the absence of at least one pay period and acceptance of the donation is necessary to avoid a period of leave without pay. Each waiver of a limit of donated leave must be documented by the payroll office. 7) Court Leave a) An employee will be placed on court leave if called to serve on a jury, or as a witness, in any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party. An employee who is summoned as a witness in an official capacity on behalf of the Federal http://www.opm.gov/forms/pdf_fill/opm630.pdf http://www.opm.gov/FORMS/PDF_FILL/opm630a.pdf NNSA Leave Administration and Hours of Duty 16 government is on official duty, not court leave. Court leave is not appropriate for employees summoned as a witness in a civil matter in which no government is a part of the proceeding. b) Pay received for participating on a jury must be submitted by the employee to the agency by money order or personal check. Pay for parking, transportation fees, and fees for food and lodging may be kept by the employee. A certificate of attendance from the clerk of the court must also be submitted. The certificate shows inclusive dates of jury duty or witness service and amount of fees the court paid to the employee. The certificate of attendance separately should identify fees and allowances. Fees received by the employee are collected while allowances are not. If the certificate of attendance does not identify allowances separately, all moneys are considered fees and shall be collected by the agency. c) Employees who are excused by a court so that 2 or more hours are available in the work day shall return to work, unless returning creates a hardship. 8) Military Leave a) Under 5 U.S.C. 6323 (a), an employee, who is also a member of the armed services, is entitled to 15 days (120 hours) of military leave each fiscal year if his/her appointment with NNSA is not limited to one year or less. Military leave is credited to eligible employees at the beginning of the fiscal year. An employee on military leave under section 6323 (a) receives his or her full civilian salary, as well as military pay. (An employee can carry over a maximum of 120 hours of unused military leave from one year to the next.) The leave may be used for active duty or field or coast defense training as a member of the National Guard or armed forces reserves. Additional leave may be entitled when the employee is ordered to aid in law enforcement or when ordered to assist in parades or encampments as a member of the National Guard of the District of Columbia. b) 5 U.S.C. 6323(b) provides 22 workdays per calendar year for emergency duty as ordered by the President, Secretary of Defense, or a State Governor. This leave is provided for employees who perform military duties in support of civil authorities in the protection of life and property or who perform full-time military service as a result of an order to active duty in support of a contingency operation or law enforcement needs as defined in section 101(a)(13) of Title 10 United States Code. Unlike the 120 hours of military leave for active duty under 5 U.S.C. 6323(a), the individual is not authorized to retain both civilian and military payments for the additional 22 days of military leave. Military pay received, other than travel, transportation or per diem, must be credited against

the pay the individual received from his or her civilian position. NNSA Leave Administration and Hours of Duty 17 9) Funeral Leave a) Funeral leave is granted to allow an employee to make arrangements for, or to attend, the funeral or memorial service for an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone. Title 5, U.S.C. 6326(b) requires an activity to grant an employee funeral leave as is needed and requested, not to exceed 3 workdays. The 3 days need not be consecutive, but if not, the employee shall furnish the approving authority satisfactory reasons justifying such. Combat zone means those areas determined by the President under the authority of 26 U.S.C. 112(ad). b) Immediate relatives are the following relatives of the deceased member of the Armed Forces: (1) Spouse and his or her parents; (2) Children, including adopted children, and their spouses; (3) Parents; (4) Brothers and sisters, and their spouses; (5) Any person related by blood or affinity whose close association with the deceased was the equivalent of a family relationship. 10) Administrative Leave a) Administrative leave, also referred to as excused absence, may be used for brief periods of time, without charge to personal leave or loss of pay. Consistent with current agency practices related to the use of administrative leave, NNSA employees may be granted administrative leave when one of the following conditions are met: (1) For a brief period of absence from duty of less than one hour for adequate reasons, or rare and infrequent tardiness, regardless of the time of workday the absence occurs. (2) For a brief period of time, under limited conditions, to participate in volunteer activities, providing the activity: (a) Is directly related to the agency’s mission; (b) Is officially sponsored or sanctioned by the HQ 1st Tier Manager, Service Center Director, or Site Office Manager with concurrence by the Director of Human Resources through the servicing Human Resources Office; or (c) Clearly enhances the professional development or skills of the employee in his or her current position. (3) For an extended period of time when the absence is in the best interest of NNSA Leave Administration and Hours of Duty 18 the agency or the Federal government, or when it would be inequitable to charge personal leave for such as: (a) Alternative dispute resolution (ADR) cases where management is unable to resolve employee problems in a timely manner. (b) Certain limited disciplinary or administrative actions. (4) For relocating outside the commuting area, consistent with agency policy and “Permanent Change of Duty Station” regulations. (5) To obtain preventive health screenings. There is an annual limit of 4 hours of excused absence for this purpose. (6) Returning from active duty with the reserves or National Guard in the Global War on Terrorism. Employees may take 5 days (40 hours) of excused absence after military discharge, before reporting to duty. This provision may only be used once, regardless of the number of times the employee is activated in support of the Global War on Terrorism. (7) Following inclement weather conditions to accommodate an approved delayed schedule: (a) Employees will be granted administrative leave from the start of their official tour of duty through the time that they arrive to work

provided the time does not exceed 2 hours from their scheduled starting time. (b) Employees who report for work more than 2 hours after their scheduled starting time will be charged annual leave, or other appropriate personal leave for the time from the 2-hour point until their actual reporting time. (c) Employees who do not report for duty are not entitled to any administrative leave. They will be charged appropriate personal leave for all hours that they were absent from work on that day, unless they could not report due to official road closures and there is no other immediate road access to report for duty. (d) Employees who report for duty within the first 2 hours of their scheduled tour of duty are not entitled to overtime or compensatory time. (e) Employees who scheduled to be off that day are not entitled to administrative leave. NNSA Leave Administration and Hours of Duty 19 11) Leave Without Pay (LWOP) a) LWOP must be documented on a Standard Form 50 (SF50), Notification of Personnel Action, when the LWOP period exceeds thirty (30) calendar days. For employees that will be receiving compensation from the Office of Workers Compensation (OWCP) for more than 80 hours, a SF50 must be processed to document the period of LWOP. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) generally requires an agency to place an employee entering the military on LWOP unless the employee chooses to be placed on military leave, annual leave, or other appropriate pay status, or the employee requests to be separated. All periods of LWOP-US (military service) must be documented on a SF50. b) LWOP may be granted when the value to NNSA or the needs of the employee are sufficient to offset the costs and administrative inconvenience that may result when one of the following is expected: (1) Protection or improvement of the employee’s health; (2) Increase in employee’s knowledge and skills that will benefit NNSA; (3) Retention of an employee within a critical skill shortage category occupation; (4) Furtherance of a program of interest to the Government. (c) As a minimum, LWOP will be granted when: (1) A disabled veteran needs medical treatment: (2) A member of the military reserves or National Guard has been ordered to active or inactive duty for training; (3) An injured employee elects to use LWOP under the Federal Employees Compensation Act; (4) A disability retirement application is pending approval; (5) An employee needing to retain Student Career Experience Program (SCEP) status returns to school between periods of employment with NNSA; (6) An employee represents a recognized labor organization; however, such LWOP must not exceed 104 weeks in any 5-year period; or (7) An employee has been approved for up to 12 administrative workweeks of LWOP under the Family and Medical Leave Act (FMLA). 12) Absent Without Leave (AWOL) a) An absence from duty which has not been requested and/or approved, is properly charged as AWOL. Supervisors may charge employees AWOL that have inadequate accrued leave to cover an absence, tardiness, or otherwise away from the worksite without obtaining supervisory approval. NNSA Leave Administration and Hours of Duty 20 b) Although disciplinary action may be taken, on the basis of AWOL, it is not of itself a disciplinary or punitive action. c) AWOL shall be charged on the time and attendance report and leave record in

15-minute increments much like any other form of approved leave. Employees may not perform any work during the period being charged to AWOL, i.e., an employee is 25 minutes late for work – they are charged with 30 minutes of AWOL. They are not expected to begin work until the 30 minutes are over. 13) Telecommuting (Flexiplace) a) Telecommute, telework, or flexiplace, as it is often called, is an arrangement in which an employee works at an alternate work site such as the employee’s home, a telecenter, or other location that allows the employee to accomplish work in an effective and efficient manner. NNSA will consider telecommuting arrangements under the following options: (1) Regular Flexiplace. Employees perform work at another location on a scheduled recurring basis, e.g., weekly or monthly. (2) Situational Flexiplace. Employees perform work to accomplish a specific set of tasks or to complete a work product. A situational agreement might be in effect for an indefinite period and might cover a number of situational work assignments. In the event of an emergency, or unexpected event resulting in activation of the Continuity of Operations Plan (COOP), essential personnel or personnel so directed by their managers are authorized to participate in situational flexiplace. (3) Medical Flexiplace. Employee performs work assignments while recovering from a medical situation. Employees may participate in flexiplace for personal or family medical reasons. b) To have a successful program, the nature of the work, as well as the characteristics of the employee and the supervisor, should be suitable for telecommuting. Work suitable for telecommuting depends on job content, title, type of appointment, or work schedule. For example, telecommuting is feasible for work that requires thinking and writing – data analysis, reviewing grants or cases, writing decisions or reports; for telephone-intensive tasks – setting up a conference, obtaining information, following up on participants in a study; and for computer-oriented tasks – programming, data entry, word processing. c) Work may not be suitable for telecommuting if the employee needs to have extensive face-to-face contact with the supervisor, other employees, clients, or the general public; if the employee needs frequent access to material which NNSA Leave Administration and Hours of Duty 21 cannot be moved from the main office, such as classified documents; if the agency cannot provide any special facilities or equipment that are necessary; or if it would be too costly for the agency to duplicate the same level of security at the alternative workplace. d) The work characteristics of an employee are particularly important. The employee should be an organized, highly disciplined, and conscientious self- starter who requires minimal supervision. Employees who generally are not considered are new employees who need time to adjust to and learn the new organization, and/or those who require on-the-job training, or need close supervision. A performance rating of Needs Improvement (NI), or below, will preclude participation in flexiplace. e) Supervisors must be able to expect that employees working at remote sites are performing the tasks assigned and are working when scheduled. They should do that by either determining the reasonableness of the work output for the time spent and verifying that with the employee, or by making occasional telephone

calls or visits during the employee’s scheduled work time. f) Supervisors will afford telecommuting opportunities based upon the employee, the work to be performed, the supervisory preferences, and the customer service requirements. The office will remain as the official duty station for the employee for such purposes as special salary rates, locality rates, and travel. Existing rules on hours of duty, adherence to core hour parameters, pay, leave, and overtime will generally apply. g) Laptop computers will be provided for checking out, as available, and will be equipped with software compatible with that used in the office environment. This allows for remote access to the office email systems. Employees will be authorized to use their own fax machine and/or telephone and be issued a calling card or a cell phone for long distance calling. NNSA will not be responsible for any additional expenses or operating costs associated with telecommuting. h) Telecommuting employees must sign a request and agreement with the supervisor that stipulates the conditions and duration of the arrangement. Employees must also complete a self-certification safety inspection form to ensure the telecommuting worksite meets acceptable standards. An onsite safety inspection may also be an option. Copies of the required agreements and forms may be obtained from the servicing Human Resources Office or are available on the NNSA intranet at http://scweb.na.gov/hr/docs/doe-flex.pdf, or the NNSA Headquarters HR Web Page at http://hq.na.gov/Flexiplace i) In keeping with the intent of telecommuting, (i.e., contribute to a cleaner environment, energy savings, etc.) employees approved for telecommuting will conduct necessary work duties from the alternate work site only. Therefore, http://scweb.na.gov/hr/docs/doe-flex.pdf http://hq.na.gov/Flexiplace NNSA Leave Administration and Hours of Duty 22 telecommuting requests should at a minimum, be approved for an entire work- day or more. Travel to the employee’s official duty station during the workday is inappropriate. 4. RESPONSIBILITIES. a. Administrator, NNSA. Approves, or delegates authority to approve leave and hours of duty. b. Associate Administrator for Management and Administration 1) Establishes administrative workweek. 2) Approves restoration of annual leave for public exigency circumstances. 3) Approves LWOP in excess of 6 months (with the exception of those being activated for military duty, or in receipt of recurring Worker’s Compensation payments). c. 1st Tier Managers/Service Center Director/Site Office Managers 1) Authorizes the use of advanced sick leave, excused absence (administrative leave), and LWOP in excess of 30 days, but less than 6 months. 2) Authorizes the establishment of telecommuting arrangements. 3) Determine that an exigency of public business exists for cancellation of approved annual leave. 4) Authorizes work schedules available to employees. 5) Establishes core work hours. d. NNSA Director of Human Resources 1) Approve policies governing NNSA leave administration. 2) Provides final approval/disapproval on use of administrative leave to participate in volunteer activities sanctioned by the 1st Tier Manager, Service Center Director, or Site Manager. e. HQ/SC Human Resources Office 1) Prepares and recommends approval of policies governing NNSA leave administration. 2) Administers policies and procedures associated with HR practices.

3) Approves/disapproves organizational requests for administrative leave to participate in volunteer activities. 4) Review for compliance advanced sick leave and leave donation requests. 5) Approve/disapprove leave recipient requests in the Leave Donation program. 6) Reviews requests for LWOP of 30 days or more. f. Supervisors – Consistent with NNSA Policy NNSA Leave Administration and Hours of Duty 23 Change 1: 03-13-09 1) Establish employee work schedules. 2) Approve/disapprove employee requests for participation in alternative work schedules. 3) Direct changes to employee’s alternative work schedules for work-related reasons. 4) Approve/disapprove requests in support of telecommuting (flexiplace) arrangements. 5) Enter into agreements with employees who initiate requests to telecommute. 6) Send copy of approved telecommuting request/agreement to servicing Human Resources Office. 7) Ensure employees working at remote sites are performing the tasks assigned and are working when scheduled. 8) Approve/disapprove the use of annual and sick leave, minimal excused absence (administrative leave), leave without pay (up to 30 days), and recommend approval/disapproval of advanced sick leave requests. 9) Assure employees schedule “use or lose” annual leave not later than 3 pay periods prior to the end of the leave year to facilitate its use to avoid forfeiture. g. Employees (except those covered by collective bargaining agreements) 1) Ensure leave is requested in accordance with NNSA and Office policy. 2) Review and ensure time and attendance records are recorded accurately. 3) Review leave usage and balances on bi-weekly Leave and Earnings Statement to verify the accuracy of leave charges and balances, and to ensure that annual leave is used before the end of the leave year to avoid forfeiture. 4) On CWS, who are scheduled for more than one day of training, jury duty, or travel may request a change to a regular work schedule of ten 8-hour days for the pay period. 5. REFERENCES. a. Title 5, Code of Federal Regulations, Parts 610 (Hours of Duty); 630 (Absence and Leave) 1) 5 United States Code, Chapter 63 (Leave) 2) DOE 322.1.B (dated 1/14/05) – Pay and Leave Administration and Hours of Duty 3) Headquarters Leave and Attendance Guide, dated 4/1/02 4) 2001 Collective Bargaining Agreement Between Department of Energy Headquarters and the National Treasury Employees Union NNSA Leave Administration and Hours of Duty 24 6. CONTACT. Questions concerning this Policy should be addressed to the appropriate HR Servicing Consultant. Attachments: Appendix A - Model of CWS Schedules Appendix B Model of FWS Schedules Appendix C - Sample Time/Attendance Sheet This policy is not all inclusive, further guidance can be found on: Telecommuting/Flexiplace Alternative Work Schedules Leave Administration Military Leave http://hg.na.gov/Flexiplace or http://scweb.na.gov/hr/docs/doe-flex.pdf http://www.opm.gov/oca/aws/index.asp http://www.opm.gov/oca/leave/index.asp http://www.opm.gov/oca/LEAVE/HTML/MILQA.asp http://scweb.na.gov/hr/docs/doe-flex.pdf http://www.opm.gov/oca/aws/index.asp http://www.opm.gov/oca/leave/index.asp http://www.opm.gov/oca/LEAVE/HTML/MILQA.asp Models of Compressed Work Schedules FOUR-DAY WORK WEEK 5/4-9 COMPRESSED PLAN Basic Work Requirement A full-time employee must work 10 hours a day, 40 hours a week, and 80 hours a biweekly pay period. The agency head determines the number of hours a part-time employee must work in a 4-day workweek and the number of hours in a biweekly pay period.

Basic Work Requirement A full-time employee works eight 9-hour days and one 8-hour day for a total of 80 hours in a biweekly pay period. The agency head determines the number of hours a part-time employee must work in a 9-day biweekly pay period. Tour of Duty Tour of Duty The "tour of duty" is established by the agency and is limited to four 10-hour days. The "tour of duty" is established by the agency and is less than 10 workdays in a biweekly pay period. Overtime Work Overtime Work I I • Overtime work is work ordered or approved in (See Four-Day Workweek) advance by management and is in excess of the compressed work schedules' basic work requirement. Models of Flexible Work Schedules FLEXITOUR GLIDING SCHEDULE MAXIFLEX Basic Work Requirement Basic Work Requirement Basic Work Requirement A full-time employee must work 8 hours a day, 40 hours a week, and 80 hours a biweekly pay period. The agency head determines the number of hours a part-time employee must work in a day, in a week, or in a biweekly pay period. (See Flexitour) A full-time employee must work 80 hours in a biweekly pay period. The agency head determines the number of hours a part-time employee must work in a biweekly pay period. Tour of Duty Tour of Duty Tour of Duty Agencies establish flexible hours surrounding core hours, which includes a standard meal period. Agencies establish flexible and core hours. Gliding schedules provide for flexible time bands at (See Gliding Schedule) However, agencies may choose not to the start and end of the workday and may also allow for flexible hours at midday (during the lunch break). Employees must work during core hours. establish core hours on each workday, thus providing maximum flexibility for employees. Core Hours Core Hours Core Hours An employee must account for missed core hours (if permitted) with leave, credit hours, or compensatory time (See Flexitour) (See Flexitour) Employees may work fewer than 10 days off. biweekly because of the absence of core hours on one of the normal workdays (e.g., "Flexible 5/4-9") Overtime Work Overtime Work Overtime Work Overtime work is work in excess of 8 hours in a day or 40 hours in a workweek, ordered in advance by management. See 5 U.S.C. 6121(6). (See Flexitour) (See Flexitour) Flexibility Flexibility Flexibility Employees select arrival and departure times subject to agency approval. (This results in a fixed Employees may vary arrival and departure times on a daily basis during the established flexible (See Gliding Schedule) An employee may also vary the length of the schedule until the next selection period, as determined by the agency.) At the request of an employee, the agency may approve an adjusted arrival and departure time. hours. workday. Agency may limit the number of hours an employee may work on a daily basis. An employee may also vary the length of the workweek.