Leave Administration
Overview
The U.S. Office of Personnel Management (OPM) provides leadership on Federal leave policies and programs. We accomplish this by developing and maintaining Governmentwide regulations and policies for agencies to use to administer leave, including annual leave, sick leave, the Family and Medical Leave Act, Federal leave sharing programs, military leave, and time off for special circumstances - e.g., early dismissal or closure for weather emergencies. Ultimately, each Federal agency is responsible for complying with the law and OPM's Governmentwide regulations and following OPM's policies and guidance to administer leave policies and programs for its own employees.
On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. As a result of the Supreme Court’s decision, the United States Office of Personnel Management (OPM) will now be able to extend certain benefits to Federal employees and annuitants who have legally married a spouse of the same sex, regardless of the employee’s or annuitant’s state of residency. OPM is currently in the process of updating and revising the website to reflect this change, and will be updating this information as soon as possible. Please check back in the coming weeks for updates.
Leave-Related Fact Sheets and Forms
Special Topics
Emergencies
- Emergency Guidance Memoranda
- Handbook on Pay and Leave Benefits for Federal Employees Affected by Severe Weather Emergencies or Other Emergency Situations
- Governmentwide Dismissal and Closure Procedures
Authorities and Reports
Regulations
- FMLA Qualifying Exigency Leave
- Advanced Sick Leave/Sick Leave for Serious Communicable Diseases
- Definitions of Family Member, Immediate Relative, and Related Terms
- Emergency Leave Transfer Program
- Annual Leave Carryover Ceiling for Employees in Senior-Level, Scientific and Professional, and Intelligence Senior Level positions
- SES Annual Leave Accrual Rate and Correction to the regulation
- Creditable Service for Annual Leave Accrual
- Sick Leave: Removal of Minimum Sick Leave Balance Requirement
- Annual Leave for Members of the SES
Reports
Related Information
- Availability of Sick Leave for Travel to Access Medical Care
- Governmentwide Dismissal and Closure Procedures
- Federal Employee Compensation Package: It's More than Just Salary
- Federal Holiday Schedule
- Military-Related Leave Issues
- Emergency Situations Handbook
- Pay and Leave Flexibilities for Recruitment and Retention
- Compensation Policy Memoranda
Leave Forms
| Form | Description |
|---|---|
| OPM 71 | Request for Leave or Approved Absence |
| OPM 630 | Application to Become a Leave Recipient Under the Voluntary Leave Transfer Program |
| OPM 630A | Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Within Agency) |
| OPM 630B | Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Outside Agency) |
| OPM 630C | Transfer of Leave Records for Leave Recipient Covered by the Voluntary Leave Transfer Program |
| OPM 1637 | Application to Become a Leave Recipient Under the Emergency Leave Transfer Program |
| OPM 1638 | Request to Donate Annual Leave Under the Emergency Leave Transfer Program |
| OPM 1639 | Transfer of Donated Annual Leave To/From the Emergency Leave Transfer Program |
| WH-380-E | FMLA Medical Certification Form for Employee's Serious Health Condition |
| WH-380-F | FMLA Medical Certification Form for Family Member's Serious Health Condition |
| WH-384 | FMLA Certification for Qualifying Exigency |
Fact Sheets
The fact sheets below provide information on various topics concerning leave administration for Federal employees covered under title 5 of the United States Code and title 5 of the Code of Federal Regulations. The title 5 statutes regarding leave administration can be found in 5 U.S.C chapter 63, Leave. OPM's regulations on the establishment of work schedules can be found in 5 CFR part 630, Absence and Leave.
- 5 Days of Excused Absence for Employees Returning from Active Military Duty
- Accrual Rates for SES, SL/ST, or Equivalent Pay Systems
- Administrative Leave
- Advanced Annual Leave
- Advanced Sick Leave
- Annual Leave (General Information)
- Bone-Marrow or Organ Donor Leave
- Court Leave
- Creditable Service for Annual Leave Accrual for Non-Federal Work Experience and Experience in the Uniformed Service
- Definitions Related to Family Member and Immediate Relative for Purposes of Sick Leave, Funeral Leave, Voluntary Leave Transfer, Voluntary Leave Bank, and Emergency Leave Transfer
- Disabled Veteran Leave
- Emergency Leave Transfer Program
- Extension of Higher Annual Leave Accrual Rate to SES and SL/ST Equivalent Pay Systems
- Federal Employee Compensation Package: It's More than Just Salary
- Family and Medical Leave Act (FMLA) 12-Week Entitlement
- Family and Medical Leave 26 weeks to Care for a Covered Servicemember
- Family and Medical Leave Qualifying Exigency Leave
- Frequently Asked Questions on Leave Policy
- Funeral Leave and Other Bereavement Options
- Handbook on Leave and Workplace Flexibilities for Childbirth, Adoption, and Foster Care
- Handbook on Workplace Flexibilities and Work-Life Programs for Elder Care
- Leave and Families
- Leave Without Pay
- Leave Without Pay - Effect on Federal Benefits and Programs
- Leave Year Beginning and Ending Dates
- Lump-Sum Payments for Annual Leave
- Military Leave
- Military Related Leave Issues
- Paid Parental Leave
- Pay and Leave Flexibilities for Recruitment and Retention
- Restoration of Annual Leave
- Sick Leave (General Information)
- Sick Leave for Adoption
- Sick Leave for Family Care and Bereavement
- Sick Leave to Care for a Family Member with a Serious Health Condition
- Sick Leave for Personal Medical Needs
- Time Off for Safe Leave Purposes
- Voluntary Leave Bank Program
- Voluntary Leave Transfer Program
- Volunteer Activities
Reference Materials
Laws, Regulations and Other References
This index highlights the laws, regulations, and other references relating to Federal leave programs and policies. The index is a valuable resource for researching major leave subject-matter areas. Please contact your agency personnel office, library, legal office, or information technology office to obtain copies of the documents cited (e.g., laws, regulations, Executive orders, opinions of the Comptroller General (Comp. Gen.)1, etc.). Since each agency is responsible for Federal leave administration, it is imperative that you also consult your agency's internal policies and collective bargaining agreements, as applicable.
A / B / C / D / E / F / G / H / I / J / K / L / M / N / O / P / Q / R / S / T / U / V / W / X / Y / Z
A
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Absence | bone marrow/organ donation | 6327 | |
| funerals, law enforcement officers | 6327 | ||
| funerals, relatives in Armed Forces | 6326 | ||
| funerals, veterans | 6321 | ||
| hostile actions abroad | 6325 | ||
| police and firemen, resulting from duty | 6324 | ||
| Accrual |
annual leave |
||
| full-time | 6303(a) | 630.202 | |
| part-time | 6302(c) | 630.303 | |
| Senior Executive Service (SES) | 6303(f) | 630.301 | |
| uncommon tours | 630.210 | ||
sick leave |
|||
| full-time | 6307(a) | 630.202 | |
| part-time | 6302(c) | 630.406, 630.202(b) | |
| uncommon tours | 630.210 | ||
| change in accrual rate | 6303(c) | ||
| Accumulation |
annual leave |
6304(a) | 630.304, 630.302 |
| Overseas | 6304(b) | 630.302 | |
| SES | 6304(f) | 630.301 | |
sick leave |
6307(b) | ||
| Administrative leave | (see excused absence) | ||
| Adoption (sick leave) | 6307(c) | 630.401(a)(6) | |
| Advance leave | annual leave | 6302(d) | |
| sick leave | 6307(d) | 630.209, 630.404 | |
| refund value of sick leave | 630.208(d); Comp. Gen. Opinion B-189531 (09/14/77) | ||
| not likely to return to duty | 25 Comp. Gen. 874 (1946)23 Comp. Gen. 837 (1944) | ||
| Alternative work schedules (leave administration) | 6129 | ||
| Annual leave | covered employees | 6301 | part 630, subparts B and C;Title II-Leave, Civilian Personnel Law Manual, chapter 2-Annual Leave |
| general provisions | 5302 | ||
| Accrual | 6303 | ||
| maximum accumulation | 6304 | ||
| transfer between different leave systems | 6308 | ||
| reduction in force - use of annual leave to qualify for retirement/health benefits | 6302(g) | 351.606(b), 351.608, 630.212 | |
| agency discretion | 39 Comp. Gen. 611 (1960); 16 Comp. Gen. 481 (1936) | ||
| Annuities (computation, use of sick leave) | 8339(m) | 630.407, 831.302 | |
B
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Back pay (restored annual leave) | 5596(b)(1)(B) | 550.805(g) | |
| Bereavement (sick leave) | 6307(d) | 630.401(a)(4) | |
C
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Court | jury duty | 6322 | Title II-Leave, Civilian Personnel Law Manual, chapter 5, part C-Court Leave |
| witness | 6322 | ||
| credit/retention of fees | 5515, 5537 | Title I-Compensation, Civilian Personnel Law Manual, chapter 9-Service as Juror or Witness | |
| Creditable service for leave accrual | 6303(a) | Title II-Leave, Civilian Personnel Law Manual, chapter 2, part C-Creditable Services and part D-Noncreditable Services | |
| Agriculture Soil Conservation Service (ASCS) and Nonappropriated Fund (NAF) Employees | 6312 | ||
| District of Columbia Police and Firemen's Retirement System | Comp. Gen. Opinion B-256756 (4/11/95) |
||
D
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Demonstration projects (prohibition of leave waiver) | 4703(c)(1) | ||
| Desert shield/desert storm reservists leave bank | Public Law 102-25 (04/06/91) | part 630, subpart K | |
| Dismissal, administrative (daily, hourly, and piece-work) | 6104 | part 610, subpart C | |
| Dismissals, administrative/emergency | 301, 6104, 6302(a) | part 610, subpart C | |
| Leave Without Pay status | 56 Comp. Gen. 393 (1977) | ||
E
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Emergency leave transfer | 6391 | part 630, subpart K | |
| Employees covered by the federal leave system | 6301(2) | Title II-Leave, Civilian Personnel Law Manual, chapter I, part B-Employees Covered and part C-Employees Excluded | |
| Exclusion of presidential appointees | 6301(2)(xi) | 630.211 | |
| Excused absence | 6104, 6302(a) | Title II-Leave, Civilian Personnel Law Manual, chapter 5, part A-Administrative Leave | |
F
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Family and medical leave act (fmla)(title i administered by the department of labor) | 29 U.S.C. 2601 et seq. | 29 CFR part 825 | |
| Family and medical leave act (fmla)(title ii administered by the office of personnel management) | 6381-6387 | part 630, subpart L | |
| Expanded family and medical leave |
1997 Presidential Memorandum (includes OPM questions and answers); also: |
||
| Family care (sick leave) | 6307(d)(1) | 630.401(a)(3) | |
| Family member (definition) | Family and Medical Leave | 6381 | 630.1202 |
| leave transfer | 630.902 | ||
| leave bank | 630.1002 | ||
| emergency leave transfer | 630.1102 | ||
| sick leave | 6307(d) | 630.201(b) | |
H
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| 6103, 6104 | part 610, subpart B Title II-Leave, Civilian Personnel Law Manual, chapter 5, part B-Holidays | ||
| Leave Without Pay before and after | Comp. Gen. Opinion B-187520 (02/22/77) |
||
| Leave Without Pay before or after | 56 Comp. Gen. 393 (1977) | ||
| Home leave | 6305 | part 630, subpart F;Title II-Leave, Civilian Personnel Law Manual, chapter 5, part E-Home Leave | |
J
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Jury duty (see court leave) | 6322 | ||
L
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Leave ceiling (annual leave) | General | 6304(a) and (b) | 630.302, 630.304 |
| Senior Executive Service (SES) | 6304(f) (1) | 630.301 | |
| scheduling "use or lose" leave | 630.308 | ||
| Leave bank program | 6361-6373 | part 630, subpart J | |
| Leave transfer program | 6331-6340 | part 630, subpart I | |
| death of recipient - no retroactive substitution | 70 Comp. Gen. 432 (1991) 68 Comp. Gen. 694 (1989) | ||
| employee unable to return to work | Comp. Gen. opinion B-271561.2 (07/26/89) | ||
| Leave of absence (aliens) | 6310 | ||
| Leave without pay |
administrative discretion |
Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F-Leave Without Pay | |
| disabled veterans | Executive Order5396 (July 17, 1960) | ||
| injury compensation | 5 U.S.C. Chapter 81 | ||
| military training | 38 U.S.C. 2024(d) | ||
creditable service |
8332(f) | ||
| during military service | 6303(a) | 353.107 Comp. Gen. opinion B-215542 (08/01/85) | |
| during period covered by service agreement | Comp. Gen. opinion B-184948 (11/18/75) | ||
| Family and Medical Leave Act - Title II | 6384(b)(2) | 630.1208 | |
| reduction in leave credits | 630.208 | ||
| compensation for disability | 8118(c) | Comp. Gen. opinion B-164617 (04/13/72) | |
| within-grade waiting periods | 531.406 | ||
| Lump-sum payments for annual leave | 5551-5553, 6304(e) | part 550, subpart L | |
| DOD base closings | 5551(c) | ||
| refund of lump-sum payment and recredit of annual leave | 6306 | part 550, subpart L | |
M
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Medical certification | sick leave | 630.403 | |
| Family and Medical Leave | 6383 | 630.1207 | |
| leave transfer and leave bank programs | 6333(a), 6367(a) | 630.904; 630.1006 | |
| Military leave | 6323 | Title II-Leave, Civilian Personnel Law Manual, chapter 5, part D-Military Leave; Rights of Reservists Called to Duty for the National Emergency, Sept.14, 2001 | |
| offset of payments received | 5519 | ||
| funeral honors duty | 6323(a) | ||
| Minimum charge of leave | 630.206 | ||
N
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Nonappropriated fund employees(leave portability) | 6308(b), 6312 | ||
R
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Recredit of leave | 6306 | part 630, subpart E | |
| Refund for unearned (advanced) leave | 630.209(a) | ||
| waiver for medical disability | 630.209(b) | ||
| Restoration of annual leave | 6304(d) and (e) | 630.305-309 Title II-Leave, Civilian Personnel Law Manual, chapter 2, part G-Restoration of Leave | |
| Back pay | 5596(b)(1)(B) | 550.805(e)(2)(iv) | |
| DOD base closings | 6304(d)(3) | 630.306(b) | |
| leave forfeiture / scheduling requirement | 630.306(a); 56 Comp. Gen. 470 (1977) | ||
| Restoration and scheduling of annual leave for Y2K conversion | 630.310 | ||
| Restoration and scheduling of annual leave during the national emergency | 630.311 | ||
S
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Shore leave | 6305 | part 630, subpart G | |
| Sick leave | covered employees | 6301 | part 630, subparts B, D, and E; Title II-Leave, Civilian Personnel Law Manual, chapter 4-Sick Leave |
| general provisions | 6302 | ||
| accrual and maximum accumulation | 6307 | ||
| transfer between different leave systems | 6308 | ||
| adoption | 6307(c) | 630.401(a)(6) | |
| care of a family member with a serious health condition | 630.401(a)(3),(b), and (d) | ||
| general family care and bereavement; and | 6307(d) (expired) | 630.401(a)(2),(a)(4), (c) and (d) | |
| incapacity due to death of spouse | Comp. Gen. Opinion B-207444 (10/20/82) |
||
| agency discretion | Comp. Gen. Opinion B-170730 (08/16/71) |
||
| Substitution of leave | sick leave for annual leave | 630.405; Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(a)-Substitution of Sick Leave for Annual Leave | |
| sick leave for leave without pay | Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(b)-Substitution of Sick Leave for Leave Without Pay | ||
| annual leave for sick leave | Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(a)-Substitution of Annual Leave for Sick Leave | ||
| annual leave for leave without pay | Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(b)-Substitution of Annual Leave for Leave Without Pay | ||
| substitution of leave without pay for annual leave | Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Annual Leave | ||
| substitution of leave without pay for sick leave | Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Sick Leave | ||
| Sunday premium pay | prohibition on Sunday premium pay for periods of leave | Section 624 of Treasury and General Government Appropriations Act, 1999, as contained in section 101(h) of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 | |
T
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Terminal leave | Comp. Gen. Opinion B-223876 (06/12/87) |
||
| Transfer of leave between agencies and leave systems | 6308 | 630.501, 630.502 Title II-Leave, Civilian Personnel Law Manual, chapter 2, part E-Transfers and Reemployment (Annual Leave) and chapter 4, part C-Transfers and Reemployment (Sick Leave) | |
| to and from Milk Markets | Comp. Gen. Opinion B-109025, June 23, 1952, and B-109025, March 11, 1966 | ||
| Travel to/from post of duty | 6303(d) | 630.207 | |
U
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Uncommon tours of duty | 6307(d)(3)(B) | 630.201, 630.210 | |
V
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Veterans | use of leave for physical examination | Executive Order 5396 (July 17, 1930) | |
| travel expenses - VA physical exam | Comp. Gen. Opinion B-188012 (05/10/77 |
||
| Volunteer activities | Presidential Memorandum, April 22, 1998; OPM Memorandum, April 23, 1998; Guidance April 23, 1998; OPM Memorandum CPM 2002-4, April 23, 2002 | ||
| participation of Federal employees in volunteer activities | |||
W
| SUBJECT | LAW
5 U.S.C. (unless otherwise indicated) | REGULATION/OTHER
5 CFR (unless otherwise indicated) | |
|---|---|---|---|
| Workers' compensation | (Federal Employees Compensation Act) | chapter 81 | Title II-Leave, Civilian Personnel Law Manual, chapter 4, part E-Employee Receiving Workers' Compensation; chapter 4, part H-Buy Back of Sick Leave; and chapter 2, part G, 7(c)(4)-Buy Back of Annual Leave |
| buy-back of leave | 20 CFR 10.202,310 | ||
| No administrative leave for injury | Comp. Gen. Opinion B-192510 (04/06/79) |
||
| forfeiture of annual leave | 62 Comp. Gen. 253 (1983);Comp. Gen. Opinion B-204524 (03/23/82) |
||
| accrual of leave while on leave without pay | 630.204;29 Comp. Gen. 73 (1949);Comp. Gen. Opinion B-180010.12 (03/08/79) |
||
NOTES:
- Opinions of the Comptroller General are included in the General Accounting Office's Civilian Personnel Law Manual (CPLM), Title II (Leave), Fourth Edition, 1996. Title II of the CPLM is available at the GAO website or may be ordered from the U.S. Government Printing Office at:
Superintendent of Documents
US Government Printing Office
941 North Capitol Street
Washington, DC 20402
www.bookstore.gpo.gov -
Presidential memoranda and Office of Personnel Management (OPM) guidance materials on expanded family and medical leave policies and participation of Federal employees in volunteer activities may be accessed on the Pay & Leave section. See our leave fact sheets.