Act of God Template
Admin Leave as Remedy - Kehlert
Admin Leave - Not just for Acts of God - By Jeff Kehlert
Administractive Leave - Sunday Pay
Granting Admin Leave Central Plains
MSPB Enforced Leave
National Day of Observance
519 Administrative Leave
Administrative leave is absence from duty authorized by appropriate postal officials without charge to annual or sick leave and without loss of pay.
519.21 Acts of God
Acts of God involve community disasters such as fire, flood, or storms. The disaster situation must be general rather than personal in scope and impact. It must prevent groups of employees from working or reporting to work.
519.212 Authorizing Administrative Leave for Acts of God
The following provisions concern administrative leave for acts of God:
a. Postmasters and other installation heads have authority to approve administrative leave for up to 1 day.
b. District managers and Postal Career Executive Service (PCES) plant managers may authorize administrative leave beyond 1 day, but not to exceed a total of 3 days, for their installation and those reporting to it.
c. District managers and senior or lead plant managers may approve administrative leave for periods up to and in excess of 3 days for their installation and those reporting to it.
519.213 Determining the Cause of Absence
Postmasters and other appropriate postal officials determine whether absences from duty allegedly due to "acts of God" were, in fact, due to such cause or whether the employee or employees in question could, with reasonable diligence, have reported for duty.
519.214 Early Dismissal Due to Acts of God
When employees are dismissed from duty before the normal completion of their duty due to an act of God, the following applies:
a. Full-time employees are entitled to credit for hours worked plus enough administrative leave to complete their tour of duty. This combination of work and leave is not to exceed 8 hours in any one day.
b. Part-time regular employees are entitled to credit for hours worked plus enough administrative leave to complete their scheduled hours of duty. This combination of work and leave is not to exceed 8 hours in any one day.
c. Part-time flexible employees are entitled to credit for hours worked plus enough administrative leave to complete their scheduled tour. The combination of straight time worked and administrative leave may not exceed 8 hours in a service day. If there is a question as to the scheduled workhours, the part-time flexible employee is entitled to the greater of the following:
(1) The number of hours the part-time flexible worked on the same service day in the previous service week.
(2) The number of hours the part-time flexible was scheduled to work.
(3) The guaranteed hours as provided in the applicable national agreement.
519.215 Employees Prevented From Reporting
Employees scheduled to report who are prevented from reporting or, who after reporting, are prevented from working by an act of God may be excused as follows:
a. Full-time and part-time regular employees receive administrative leave to cover their scheduled tour of duty not to exceed 8 hours.
b. Part-time flexible employees receive administrative leave, subject to the 8-hour limitation, for their scheduled workhours, as provided in 519.214c.
519.216 Employees on Annual Leave, Sick Leave, or LWOP
Employees on annual leave, sick leave, or LWOP remain in such status. They are not entitled to administrative leave.
519.217 Substitute Rural Carriers and Rural Carrier Associates
Substitute rural carriers and RCAs in a leave-earning status are treated the same as rural carriers:
a. If they are scheduled for duty and are unable to report to the postal installation, administrative leave is granted for the full day that the employees are scheduled to serve their routes. No equipment maintenance allowance is paid.
b. If employees are scheduled for duty and report to the postal installation but are unable to serve all or part of their routes through no fault of their own, they may be granted administrative leave for the remainder of the normal tour of duty for that day. Payment for equipment maintenance allowance is made, if appropriate, because employees are considered to be in duty status.
519.22 Civil Disorders
519.221 Decision to Curtail or Terminate Postal Operations
During times of civil disorders in communities, the postmaster or installation head determines whether conditions are such that postal operations are curtailed or terminated, taking into account the needs of the service, local conditions, and the welfare of postal employees.
519.222 Civil Disorder Extends Beyond Three Days
When civil disorder extends beyond 3 days and administrative leave is indicated as being necessary, prior approval is obtained through the district manager or senior or lead plant manager.
519.223 Early Dismissal
Employees dismissed early because of civil disorder are treated the same as for early dismissals for acts of God (see 519.214).
519.224 Employees Prevented From Reporting
Postmasters and installation heads are authorized to grant up to 3 days of administrative leave on a day-to-day basis to those employees who, through no fault of their own, are prevented from reporting to work. The following applies:
a. Full-time and part-time regular employees prevented from reporting in civil disorder situations are treated the same as employees in the act of God situation (see 519.214a and 519.214b).
b. Part-time flexible employees are not granted administrative leave except if scheduled to report but are prevented from doing so. Provisions in 519.214c apply.
An employee who is transferred or relocated in the interest of the Postal Service from one official station to another in the Postal Service is entitled to 5 days of administrative leave. The 5 days of administrative leave are not charged to any other leave.
An actual physical move of the employee's household is a requirement for eligibility for relocation leave. Therefore, employees who are relocated to another duty station in the same commuting area who do not move their households are not eligible. The following employees are entitled to 5 days of relocation leave with pay when directed to transfer or relocate:
a. Employees who are transferred or relocated from one official duty station to another in the interest of the Postal Service.
b. Employees who request and accept a transfer in lieu of a separation or demotion when separation or demotion is not for personal cause.
519.233 Notation on PS Form 50
If any leave is granted by the losing duty station, the number of days allowed is noted in the Remarks section of the reassignment PS Form 50. Before granting relocation leave, the gaining duty station reviews the losing station's PS Form 50 to determine the additional leave that may be allowed.
Relocation leave may be taken before or after the physical move and may be taken a day or more at a time; it must be taken in whole days. In no instance does it exceed a total of 5 days. In the event that the employee later decides not to transfer to the new station, all relocation leave taken is charged to annual leave or LWOP.
519.24 Adverse Action Investigation and Decision
During the time required for investigation and decision regarding an adverse action, management may place an employee in an off-duty, nonpay status, in accordance with 651.4 or the applicable bargaining unit agreement. If these provisions are not applicable and it is necessary to remove the employee from a duty status, management may place the employee on administrative leave until the effective date of an adverse action or until the employee is returned to work, whichever comes first. Beginning on the effective date of an adverse action, the employee remains on the rolls but in a nonpay status during an appeal process. (See 651.4 and 651.6, and see applicable bargaining unit agreement to determine maximum allowable time.)
519.3 Civil Participation
519.31 State and Local Civil Defense Programs
519.311 No Charge to Leave
Full-time employees who volunteer and are selected by state or local authorities for civil defense assignments are authorized to participate in pre-emergency training programs and test exercises conducted by the state or local government. Participation in these activities during the employee's regularly scheduled tour of duty cannot exceed more than 40 hours of administrative leave in any 1 leave year.
519.312 Annual or LWOP
Employees who participate in civil defense activities other than those cited in 519.311 are granted annual leave or LWOP if it is possible to spare them without undue interference with the needs of the Postal Service.
519.313 Availability for Civil Defense Assignment
Employees are designated as available for assignment to civil defense activities subject to the following conditions:
a. The employee's participation is requested by the state or local civil defense authorities.
b. Within reason, the employee is expected to be available for assignment to civil defense activities in the event of an emergency.
c. The employee can be spared from regular duties for the required periods of participation.
519.314 Key Role Restriction
Key roles in civil defense activities are not assigned to employees for whom a certificate of availability has been granted for military duty.
519.315 Statement Requirement
On return to duty, employees are required to submit a written statement from the state or local civil defense authorities showing days or hours of their participation.
519.32 Voting or Registering to Vote
Employees are encouraged to exercise their voting rights. So far as is practicable without seriously interfering with service, postal employees, excluding casual and temporary employees, who desire to vote or register in any election or in any referendum on a civic matter in their community are excused for a reasonable time for that purpose on a day they are scheduled to work. Casual and temporary workers are encouraged to vote but are not eligible for administrative leave for this purpose.
519.322 Administrative Determination
Postal officials in charge of installations obtain necessary information concerning the hours during which the polls are open in the political subdivisions in which their employees reside. They then make an administrative determination regarding the amount of excused absence necessary (and limits in accordance with 519.323). Employees are notified of this determination and of the procedures to be followed in obtaining advance approval for the absence.
The following provisions concern time allowed for voting:
a. Three-Hour Rule. As a general rule, if the polls are not open at least 3 hours either before or after an employee's scheduled hours of work, the employees may be excused for the length of time that permits them to report for work 3 hours after the polls open or to leave work 3 hours before the polls close, whichever requires the lesser amount of time off.
b. Exception to Three-Hour Rule. Under exceptional circumstances, if the general rule in 519.323a does not permit sufficient time, an employee may be excused for the additional time needed to vote. However, time off must not exceed a full day.
c. Charge to Annual Leave or LWOP. If an employee's voting place is beyond normal commuting distance and if voting by absentee ballot is not permitted, employees may be granted sufficient time off to be able to make the trip to the voting place to cast their ballots. When more than 1 day is required to make the trip to the voting place, postal officials observe a liberal policy in granting necessary time off for this purpose. Time off in excess of 1 day is charged to annual leave or, if annual leave is exhausted or the employee so requests, it is charged to LWOP.
If the employee votes in a jurisdiction that requires registration in person, time off to register is granted on substantially the same basis as for voting, except that no time is granted if registration can be accomplished on a nonworkday and the place of registration is within a (reasonable) 1 day, round trip travel distance of the employee's place of residence.
An employee is not allowed administrative leave for voting or registration during a period of absence on sick leave, annual leave, or LWOP pay.
519.33 Funeral Services
519.331 Absence of Veterans to Attend Funeral Services
Full-time Postal Service employees (except rural carriers) who are veterans of any war, campaign, or expedition (for which a campaign badge has been authorized, see Exhibit 512.232a), or who are members of honor or ceremonial groups or organizations of such veterans, may be granted administrative leave, not to exceed 4 hours in any one day, to participate in funeral ceremonies for members of the Armed Forces of the United States whose remains are returned from abroad for final interment in the United States. Such participation is limited to service as active pallbearers or as members of firing squads or guards of honor. Absences in excess of 4 hours in any one day are charged to annual leave or to LWOP.
519.332 Funeral of Immediate Relatives Who Died in Combat Zone
Administrative leave not to exceed 3 days is granted to employees to make arrangements for, or to attend the funeral of, 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 of the United States in a combat zone. An immediate relative is defined as:
a. Spouse and his or her parents.
b. Children and their spouses.
d. Brothers, sisters, and brothers-in-law and sisters-in-law (brothers and sisters of spouses and spouses of brothers and sisters).
519.4 National Day of Observance
In the event that the postmaster general or designee determines that the Postal Service will participate in a national day of observance (for example, National Day of Mourning) subsequent to the declaration of a national day of observance by Executive Order of the President of the United States, administrative leave is granted to employees.
The policy shown below applies to executive and administrative schedule (EAS) employees, Postal Career Executive Service (PCES) employees, and other employees not covered by union agreements concerning national days of observance and is consistent with the agreements developed for that purpose. Employees in the following unions should refer to the memorandums of agreement or understanding between the Postal Service and their unions regarding regulations for national days of observance:
a. American Postal Workers Union, AFL-CIO.
b. National Association of Letter Carriers, AFL-CIO.
c. National Postal Mail Handlers Union, AFL-CIO.
d. National Rural Letter Carriers' Association.
e. Fraternal Order of Police, National Labor Council, USPS No. 2.
519.42 Leave Granted
519.421 Full-Time Employees
Full-time employees whose basic work week includes the national day of observance are granted administrative leave as follows:
a. Those with the national day of observance as a scheduled workday:
(1) If not directed to report for work, are granted administrative leave for that day.
(2) If directed to report for work, are granted a day of administrative leave at a future date, for the number of hours equal to their regular workday.
b. Those with the national day of observance as a nonscheduled (relief) workday:
(1) If not directed to report for work, are granted a day of administrative leave at a future date, for the number of hours equal to their regular workday.
(2) If directed to report for work, are granted overtime pay, if eligible, plus a day of administrative leave at a future date, for the number of hours worked, up to the number of hours equal to their regular workday.
519.422 Part-Time Regular Employees
Part-time regular employees whose basic workweek includes the national day of observance are granted administrative leave as follows:
a. Those with the national day of observance as a scheduled workday:
(1) If not directed to report for work, are granted administrative leave for that day, for the number of hours scheduled to work.
(2) If directed to report for work, are granted a day of administrative leave at a future date, for the number of hours scheduled to work on the national day of observance.
b. Those with the national day of observance as a nonscheduled (relief) workday:
(1) If not directed to report for work, are granted a day of administrative leave at a future date, equal to the average number of daily paid hours in their schedule for the service week previous to the service week in which the national day of observance occurs, up to 8 hours.
(2) If directed to report for work, receive straight time pay (or overtime pay if appropriate), plus administrative leave at a future date for the number of hours worked on the national day of observance, up to 8 hours.
519.423 Part-Time Flexible Employees
Part-time flexible employees are granted administrative leave for the national day of observance as follows:
a. Those directed to report for work are granted a day of administrative leave at a future date, for up to 8 hours.
b. Those not directed to report for work are granted a day of administrative leave at a future date, equal to the average number of daily paid hours during the service week previous to the service week in which the national day of observance occurs, up to 8 hours.
519.424 Transitional Employees
Transitional employees receive pay only for actual workhours performed on the national day of observance. They are not granted administrative leave.
519.425 Employees on Paid Leave
Employees on paid leave on the national day of observance receive administrative leave on that day in lieu of requested leave for up to the number of hours equal to the employee's regular workday. (See 519.423(b) for part-time flexible employees.)
519.426 Employees on Continuation of Pay, Office of Workers' Compensation Programs Pay, and Leave Without Pay
Employees on continuation of pay (COP) and employees on leave without pay (LWOP) not associated with Office of Workers' Compensation Programs (OWCP) on the national day of observance are granted a day of administrative leave for up to 8 hours.
Employees working part days on the national day of observance as a result of an injury on duty (IOD) receive administrative leave equal to the hours normally worked.
Employees not working as a result of an IOD and employees on OWCP pay on the national day of observance are not granted administrative leave.
519.427 Employees Absent Without Leave, Suspended, or Pending Removal
Employees absent without leave (AWOL), suspended, or pending removal on the national day of observance are not granted administrative leave.
Note: An employee returned to duty and made whole for a period of AWOL, suspension, or removal may be eligible for administrative leave for the national day of observance consistent with the rules of the provision of ELM 519.4 for that employee's group if the period of suspension or removal for which the employee is considered to have been made whole includes that day.
519.428 Individuals Not Eligible for Administrative Leave
Individuals not eligible for administrative leave include the following:
a. Postmaster relief employees.
b. Rural carrier relief employees.
c. Substitute rural carrier employees and rural carrier associate employees who are not in leave-earning positions.
d. Temporary employees.
e. Noncareer officer-in-charge employees.
519.43 Leave Taken at a Future Date
Administrative leave to be taken at a future date:
a. Must be granted and used within 6 months of the national day of observance or by the end of the fiscal year, whichever is later.
Note: Administrative leave is not granted to an employee who is on extended leave for the entire period between the day of observance and 6 months from that date, or between the day of observance and the end of the fiscal year, whichever is later.
b. Must be taken all at one time.
c. May, at the employee's option, be substituted for previously scheduled but not used annual leave.
d. Should be requested by using the same procedures that govern the request and approval of annual leave consistent with ELM 512.41 and ELM 512.42.
519.5 Medical Events
519.51 Blood Donations
All postal employees are urged to cooperate fully with the public blood donation programs for the health and security of their community. The time necessary includes the time required for travel and the time required by the medical facility to process the blood donations.
519.512 Time Allowed
The following provisions concern time allowed for blood donations:
a. General Allowance. Postal employees may be excused for that period of time deemed reasonably necessary to cover any absence from regular tours of duty to make voluntary blood donations, without remuneration, to the Red Cross, the community, or other nonprofit blood bank. This regulation does not apply to those employees who participate in this program on their own time, off duty.
b. Additional Time. In the case of employees in occupations for which the blood bank recommends additional time off following the blood donation, the time necessary includes the additional time recommended by the blood bank. Every effort should be made to have blood donations for such employees scheduled near the end of their tour of duty.
The following provisions concern restrictions on time allowed for blood donations:
a. The time allowed may in no instance exceed 8 hours. A full day's administrative leave may be granted only when there are unusual circumstances, such as in rural areas where considerable travel may be involved. It is not intended that a full day's administrative leave be granted any employee for donating blood when the blood bank or facility is nearby.
b. Administrative leave for blood donation may be granted during a regular tour of the employee's basic workweek, but only on the date of the blood donation. It is not granted to employees on suspension or in any nonpay status.
519.514 Facility Arrangements
For group donations, postmasters or installation heads make arrangements with the blood bank to provide facilities (mobile) for on-site participation or arrange the hours of donation to present the least interruption and cost to the Postal Service.
519.52 Bone Marrow, Stem Cell, Blood Platelet, and Organ Donations
Career postal employees who wish to donate bone marrow, stem cells, blood platelets, or organs may be granted administrative leave, subject to the limitations in 519.522, with appropriate management approval. Administrative leave is not available to bone marrow or organ recipients.
519.522 Time Limitations
The maximum administrative leave that can be granted per leave year to cover qualification and donation is limited to the following:
a. To a full-time career employee:
(1) For bone marrow, 3 days.
(2) For stem cells, 3 days.
(3) For blood platelets, 3 days.
(4) For organs, 14 days.
b. To a part-time career employee:
(1) For bone marrow, 1 1/2 days.
(2) For stem cells, 1 1/2 days.
(3) For blood platelets, 1 1/2 days.
(4) For organs, 7 days.
519.53 Physical Examination for Entry Into Armed Forces
Postal employees who are scheduled for physical examination for entry into the armed forces at times when they are also scheduled for postal duty are given administrative leave for the time necessary to take the examination.
519.54 First-Aid Examination and Treatment for On-the-Job Injury or Illness
519.541 Employee on Regular Tour
If an employee on a regular tour of duty is injured or becomes ill and the injury or illness can be treated so that the employee can return to duty during that tour, the employee is excused without charge to annual or sick leave. The employee is not required to clock out when leaving the place of duty for first-aid examination or treatment.
519.542 Employee in Overtime Status
When an employee is directed by management to an on- or off-site medical unit due to illness or injury, all time spent waiting for and/or receiving medical attention on the service day on which the illness or injury occurs, which would have been worked but for the medical attention, is credited as work time even though overtime hours may be involved. The employee's time card is so noted and initialed by the supervisor.
519.55 Day of Death
If an employee dies during a scheduled work day, the balance of the full tour is charged to administrative leave. If the employee dies before a scheduled tour begins, the full tour is charged to administrative leave, provided the employee was in a pay status, either work hours or paid leave, on the last scheduled day before the day of death. When a scheduled tour overlaps a calendar day and begins at or near the previous day, a death occurring within 2 hours of the beginning of the tour is considered to be before the scheduled tour and the full tour is charged to administrative leave.
519.6 Special Events
519.61 Postal Service Invitation
The postmaster general, deputy postmaster general, or chief operating officer may approve the use of administrative leave for spouses or guests who are postal employees when they are invited by the Postal Service to attend a special event. The invitation from the postmaster general, deputy postmaster general, or chief operating officer must include the spouse or guest attendance as well as the allowable period of administrative leave authorized for the specific special event. The invitation must be attached to the PS Form 3971 and submitted to the spouse's or guest's supervisor in advance of the leave.
519.62 Postmaster Organization Conventions
The following provisions concern time allowed for career postmasters to attend postmaster organization conventions:
a. Time Limitation. Up to 5 working days of administrative leave with pay are authorized for postmasters for the purpose of attending postmaster organization, state, and/or national conventions. These 5 working days (inclusive of travel time) may be used in a leave year as follows:
(1) For actual attendance at one postmaster organization's annual national convention, and/or at the postmaster organization's annual state or multi-state convention that is held for the district in which the postmaster's installation is located.
(2) For the travel time that is actually required by a postmaster in order to attend the national and/or state conventions provided such travel time is also during a regularly scheduled workday.
b. Restriction. Administrative leave is not authorized for any other meeting, including training sessions or any other meetings or conferences sponsored by the management organizations.
c. Advance Approval. Application for the intended absence must be approved in advance by the Postal Service manager to whom the postmaster directly reports. Any request for annual leave or LWOP to supplement administrative leave must be approved in advance by the postal manager to whom the postmaster directly reports. The postmaster should complete a PS Form 3971 prior to taking such leave.
d. Verification of Attendance. Supporting documentation such as hotel receipts and confirmation of convention registration may be requested by the postal manager to whom the postmaster reports following attendance at any state or national convention for which administrative leave has been extended.
519.622 Recording Leave at Time Card Offices
Postmasters record their own leave. Administrative leave is recorded in the "OL" column. LWOP is recorded on time cards in the "WOP" column using the following symbols:
|For national conventions ||N/(number of hours) |
|For state conventions ||S/(number of hours) |
|For convention travel ||T/(number of hours) |
519.623 Travel or Per Diem
The Postal Service does not pay the postmaster's travel or per diem expenses for travel to or attendance at conventions.
519.7 Nonbargaining Unit Personal Absence
Nonbargaining unit employees' personal absence time is paid time off. It is not charged as annual leave, sick leave, or any other paid leave category. Only FLSA-exempt employees are eligible for such time off.
Nonbargaining unit exempt employees are paid on a salary basis. This means that under the FLSA they are not considered to be hourly rate employees. Therefore, partial day absences are paid the same as work time. While exempt employees are expected to work a full day, they may request time off to attend to personal matters during the workday, including time off due to conditions covered by FMLA. If approved, the time off is "personal absence time" and is not charged to annual leave, sick leave, or LWOP.
519.73 Limitations and Exceptions
519.731 Full-Day Absences
Except as provided for in 519.733, personal absence time is not authorized for a full-day absence, which must be charged to annual leave, sick leave, or LWOP, as appropriate. Exempt employees who intend to be absent from work for more than a half day on a workday should apply in advance for a full day of annual leave, sick leave, or LWOP, unless the absence is for an FMLA-covered condition.
519.732 Partial-Day Absences
Normally, personal absence time is limited to no more than half an employee's workday. However, when an unanticipated need for time off occurs after the employee reports to work and the employee is allowed to leave work but is unable to return, the half-day limit does not apply. For example, when an employee gets sick after 2 hours at work and must leave for the remaining 6 hours of the workday, the entire 6 hours is treated as personal absence time. However, managers may disapprove personal leave requests when necessary to carry out their responsibilities to control work hours as set forth in 519.75. In this regard, managers may require the use of an appropriate leave category, for example, sick leave in the case of partial-day absences for FMLA-covered conditions.
519.733 Directed to Work
When exempt employees are directed to work a full day on a holiday or other full day in addition to normal workdays, the supervisor may grant a full day of personal absence without charging it to official leave.
Full-time exempt employees are expected to work a full day and part-time exempt employees are expected to work the full or partial day specified at the time of their employment. A full day is defined to include the continuous or nearly continuous time that an employee normally works in a 24-hour period. A half day is half that number of hours.
Except for postmasters and installation heads, exempt employees must obtain prior approval from their supervisors for all absences, whether or not such absences are to be charged to the employee's leave account. At the discretion of the installation head, PS Form 3971 may be used to request personal absences not charged to leave.
Postmasters and installation heads normally are not required to obtain advance approval for personal absences. They are required, however, to keep an accurate record of all such absences and generally to keep their manager informed of planned periods away from the office. In this respect, the manager may require the use of PS Form 3971 to report absences. On an individual basis, vice presidents of Area Operations may require that a postmaster or installation head obtain advance approval of all absences, including personal absences, from the plant or district manager, as appropriate, when the individual's previous performance warrants such action.
When PS Form 3971 is used for personal absence time, it must indicate in Remarks: "Do not charge to leave."
519.743 Full-Day Leave
Each full day of approved absence is to be charged to official leave. Absences such as court leave, military leave, holiday leave, donated leave, continuation of pay, and all administrative leave are to be approved and reflected on an exempt employee's time record.
519.75 Management Controls
Managers are responsible for controlling the workhours of their exempt employees. They may require the attendance of these employees during and outside of regular service hours and, when warranted, may disapprove advance requests for late arrivals, early departures, or other absences, as well as leave. These instructions are not intended to be overly restrictive, but managers must be aware of the frequency of requests for personal leave, recognize patterns in the use of this leave, and be alert to possible abuse. They must also give consideration to the amount of the current workload or urgency of a particular program or project that requires the employee's presence.
This program must be administered in a fair and equitable manner. Managers must advise their employees of the reasons for requiring their attendance during or outside of regular service hours and for denying their requests for personal absence or leave. Employees are also to be given the opportunity to informally discuss the decision with the managers.