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Managing Leave Problems

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Family and Medical Leave Act (FMLA) Voluntary Leave Transfer Program (VLTP) ... Manager must grant leave when employee invokes his or her rights under FMLA ... – PowerPoint PPT presentation

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Title: Managing Leave Problems


1
Managing Leave Problems
  • Presented by
  • Sharon S. Burks
  • and
  • Deborah Y. McKissick
  • February 2005

2
Objectives
  • Gain working knowledge of the mandatory and
    discretionary considerations of leave
  • Ensure managers are familiar with agency policy
    and labor agreement provisions covering leave

3
Objectives
  • Enable managers to make appropriate leave
    decisions
  • Provide tools for managers to deal with employees
    who abuse leave

4
Managers Responsibility
  • Administer leave in compliance with applicable
    laws and regulations
  • Advise employees on leave matters
  • Approve or disapprove leave
  • Assure that absences are properly charged

5
Managers Responsibility
  • Establish appropriate measures to control
    absenteeism and tardiness
  • Identify abuse of leave and take corrective
    action

6
Managers Responsibility
  • Request interpretation of agency guidelines and
    advice on leave problems as needed
  • Assure effective scheduling of annual leave for
    employees

7
Basic Rules
  • An employee has the right to
  • take earned leave if she/he
  • meets requirements and obtains managements
    approval.

8
Basic Rules
  • Management has the right to
  • determine when the leave will be
  • taken and the right to deny leave
  • if not administratively feasible.

9
Categories of Leave
  • Court Leave
  • Religious Leave
  • Funeral Leave
  • Military Leave
  • Excused Absences (Administrative Leave)

10
Categories of Leave
  • Holidays
  • Annual Leave
  • Sick Leave
  • Leave Without Pay (LWOP)
  • Absence Without Leave (AWOL)

11
Family-Friendly Leave Programs
  • Family and Medical Leave Act (FMLA)
  • Voluntary Leave Transfer Program (VLTP)
  • Emergency Leave Donor
  • Program (ELTP)

12
Approving Officials
  • Approving Officials
  • In most cases, the employees
  • manager may approve leave
  • Review your organization, region, center, or
    facilitys delegation of authority

13
COURT LEAVE
  • Employee must provide copy of summons/call to
    jury duty

14
Religious Leave
  • Employees must be permitted to work alternative
    work hours to meet religious obligations.

15
Funeral Leave
  • Managers may approve leave for employees to
    arrange, attend funeral or memorial service for
    immediate relative who dies from wound, disease,
    or
  • injury as member in armed forces
  • in combat zone.

16
Funeral Leave
  • Managers may grant leave
  • not to exceed 3 workdays without
  • loss of any entitled benefits
  • usually consecutive, if not, must be justified.

17
Military Leave
  • Members of National Guard or a Reserve unit can
    accrue
  • 15 calendar days (120 hours) per fiscal year for
    active duty, active duty training, inactive duty
    training, or funeral honors duty.

18
Military Leave
  • Employees may also be granted additional 22
    workdays in a calendar year to enforce the law or
    to support civil authorities in the protection of
    life or property or prevention of injury, or in
    support of a contingency operation.

19
Military Leave
  • Employees activated for active service to support
    global war on terrorism, are granted 5 workdays
    (40 hours) of excused absence, upon notification
    to their manager of their intent to return to
    FAA.  Effective Nov 14, 2003.

20
Excused Absences
  • Excused absences may be granted for
  • Hazardous weather conditions
  • Blood donation
  • Voting
  • Tardiness and brief absences

21
Excused Absences
  • Employees on leave or on scheduled regular day
    off (RDO) are charged
  • leave (e.g. annual, sick or LWOP)
  • when excused absences are granted for early
    dismissals.

22
Excused Absences
  • Excused absences may be granted for
  • Blood Donation up to 7 days or
  • Organ or Bone Marrow Donation up
  • to 30 days each calendar year

23
Holidays
  • Under regular and compressed work schedules
  • Regular work schedule, 8-hour day
  • Compressed work schedules
  • 4/10 or 4/5/9

24
Holidays
  • Under flexible work schedules
  • 8 hours on a holiday

25
Participants Questions

26
Annual Leave
  • Annual leave is paid absence for
  • a vacation for rest and relaxation
  • time off for personal business
  • time off for emergencies
  • income pending approval of disability
  • retirement

27
Advance Annual Leave
  • Approving officials may grant advance annual
    leave consistent with FAA policy

28
Advance Annual Leave
  • Refunds are not required if employee no longer
    works for the agency due to
  • Death or Disability
  • Retirement disability
  • Entrance on active military duty with restoration
    rights

29
Restoration of Annual Leave
  • Forfeited annual leave may be restored if the
    leave was lost because of
  • exigency of the public business
  • sickness of the employee
  • administrative error

30
Restoration of Annual Leave
  • Annual leave must be scheduled and approved by
    the beginning of the 23rd pay period

31
Participants Questions
32
Sick Leave
  • Full time employees earn 104 hours (13 days) of
    sick leave per leave year

33
Advance Sick Leave
  • ? Up to 240 hours (30 days) may be advanced for
    personal sick leave
  • Up to 40 hours (5 days) may be advanced for
    family care or bereavement purposes

34
Sick Leave for Family Care
  • Most employees may use up to a maximum of 480
    hours (12 work weeks) of sick leave to care for a
    family member with a serious health condition.

35
Sick Leave for Family Care
  • The definition of serious health condition is
    the same as used in the Family and Medical Leave
    Act

36
Sick Leave for Adoption
  • Unlimited sick leave may be used for purposes
    related to adoption of a child

37
Participants Questions
38
Unpaid Leave
  • AWOL and LWOP
  • are non-pay
  • conditions

39
Leave Without Pay
  • LWOP results from employees request or
    administrative discretion under certain
    circumstances
  • LWOP does not equate to suspension or
    furlough

40
Leave Without Pay
  • Employee cannot be granted LWOP as a matter of
    right, with
  • four exceptions
  • Disabled veteran in need of medical treatment
  • Military furlough

41
Leave Without Pay
  • 3. Employee invokes entitlement under FMLA
  • 4. Employee receiving OWCP payments

42
Absent Without Leave
  • AWOL results from managers decision NOT to grant
    any type of leave for a period of absence
  • Employee did not receive advanced approval

43
Absent Without Leave
  • Manager denied sick leave request
  • Manager has no facts about the
  • absence, typically unscheduled, and has no
    choice but to regard as AWOL

44
Participants Questions
45
Family and Medical Leave Act
  • Manager must grant leave when employee invokes
    his or her rights under FMLA

46
Family and Medical Leave Act
  • Employees may use 12 administrative workweeks
    (480 hours) of unpaid leave during any 12-month
    period for specific family and medical needs
  • Paid leave (e.g., sick and annual leave)may
    replace unpaid leave

47
Participants Questions
48
Voluntary Leave Transfer Program (VLTP)
  • Managers have the right to approve or disapprove
    applications for leave recipients or leave donors
  • Employee must exhaust all available leave before
    applying to become recipient in the VLTP

49
Voluntary Leave Transfer Program (VLTP)
  • FAA employees may donate annual leave to Federal
    employees to use in medical or family medical
    emergency situations
  • Only FAA employees can also donate and receive
    sick leave to other FAA employees

50
Voluntary Leave Transfer Program (VLTP)
  • Employees can accrue a maximum
  • of 40 hours of sick leave
  • and 40 hours of annual leave
  • while a VLTP leave recipient

51
Participants Questions
52
Emergency Leave Transfer Program
  • FAA employee may donate leave to an FAA employee
    adversely affected as a result of September 11,
    2001.
  • http//www.faa.gov/ahr/policy/hrpm/bulletin/bullet
    3.cfm

53
Patterns of Leave Use
  • Mondays, Fridays or day before or
  • after the end of the regular
  • workweek
  • Day before or after holiday or
  • regular day off (RDO)

54
Patterns of Leave Use
  • Day before or after scheduled leave
  • On the same weekday repeatedly
  • Unscheduled absence almost every pay period
  • During periods of high overtime or undesirable
    work assignments

55
Patterns of Leave Use
  • During a spouse or other family
  • members time off, e.g. childs school
  • vacation
  • Frequent absences of 1 or 2 days with no
    indication of an on-going medical problem

56
Patterns of Leave Use
  • During hunting/fishing seasons

57
Addressing Leave Problems
  • Tardiness
  • Less than one hour
  • Administratively excuse the absence
  • Ask the employee to request leave
  • Place the employee on AWOL

58
Addressing Leave Problems
  • Leave Abuse
  • Advise employee about your concerns regarding
    pattern of attendance
  • Expected improvement and continued use of
    unscheduled leave may result
  • in leave restriction

59
Addressing Leave Problems
  • Provide options for resolving problems
  • Warn employee that leave will not be
    automatically approved in the future

60
Addressing Leave Problems
  • Informal Counseling
  • Referral to Employee Assistance Program (EAP)
  • Work Schedule Change
  • Leave Restriction
  • Formal Discipline

61
Manager Tips
  • Early recognition and intervention
  • What is the real problem?
  • Dont be afraid to say NO
  • Use procedures, regulations, practices and
    knowledge to benefit management as well as the
    employee

62
Manager Tips
  • Dont get personally involved
  • Document, document, document

63
FAAS Sick Leave Usage
  • Objectives
  • Reduce level by 10 by end
  • of FY05
  • Match Federal-wide average of 55
  • hours per person by end of FY05

64
FAAS Sick Leave Usage
  • Avenues to Meet Objectives
  • Scrutinize Use of Leave
  • Look Closely at Sporadic Sick Leave Use
  • Use Sick Leave Intervention Techniques

65
Handy Tools For the Future
  • Sample Leave Restriction Letter
  • Managers Checklist
  • Questions for Managers regarding Employees
    Leave Usage
  • Leave Matrix
  • Family Friendly Leave Matrix
  • Sick Leave Intervention Document

66
Resources
  • Available on FAA AHR website at
  • http//www.faa.gov/ahr/policy/index.cfm
  • FAA Order 3600.4, Absence and Leave
  • FAA Order 3600.6, Work Weeks and Hours of Duty

67
Resources cont
  • Available on FAA AHR website at
  • http//www.faa.gov/ahr/leave.cfm
  • Voluntary Leave Transfer Program Guide and Forms

68
Resources cont
  • Available on FAA AHR website at
  • http//www.faa.gov/ahr/policy/index.cfm
  • LWS-8.1, Sick Leave for Personal Medical Needs
  • LWS-8.2, Leave Options to Care for a Family
    Member
  • HRPM ER-4.1, Standards of Conduct
  • FAPM 2635, Conduct and Discipline

69
Final Words of Advice
  • Make employees aware of the leave policies
  • Enforce the rules
  • Learn to say NO
  • Document Everything
  • Take timely action
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