BOP Program Statement 3630.02 § 9

Teleworkers are responsible for protecting and safeguarding DOJ information, Government-issued equipment, and Government property while teleworking.

Teleworkers must not take classified documents (hard copy or electronic), as defined in the

Program Statement Information Security, to any telework location.

Teleworkers must protect sensitive unclassified data, including Privacy Act or Sensitive But

Unclassified data, consistent with guidance in DOJ Order 3011.1A and the Program Statement

Information Technology Security (11/26/08). This includes Social Security Numbers (SSN)

and other personally identifiable information (PII). Electronic records containing such

information must be transported or transmitted in an encrypted format.

Work conducted from alternate worksite locations must comply with DOJ Order 2640.2F,

Information Technology Security (11/26/08), and the Program Statement Personal Computers

and Network Standards.

Teleworkers must protect competition-sensitive source selection information, or contractor

proprietary data restricted by 41 U.S.C. § 423 (also known as Section 27 of the Office of Federal

Procurement Policy Act, as amended), or data otherwise restricted by the Federal Acquisition

Regulation or the Program Statement Bureau of Prisons Acquisition Policy.

P3630.02 02/01/2017 25

Section 4. Compressed Work Schedules

1. PURPOSE AND SCOPE

To provide general information regarding compressed work schedules and to specify the

procedural guidelines for submitting and obtaining clearance for compressed work schedules.

Section 4 and attachments apply to non-bargaining unit employees only.

Bargaining unit employees are bound by the terms of any applicable collective bargaining

agreement and 5 U.S.C., Chapter 61. Any proposal for a Compressed Work Schedule for a

bargaining unit employee must be submitted by the Union.

References

5 U.S.C., Chapter 61, Subchapter II

5 CFR part 610, Subpart D

2. OVERVIEW

Issues regarding compressed schedules include:

A compressed work schedule enables a full-time employee to work his/her 80-hour bi-weekly

work requirement in less than 10 workdays. All compressed work schedules are fixed schedules,

meaning the time of arrival and departure are regular and fixed. There are no provisions under

this type of schedule for flexible tour of duty hours. In determining schedules, Chief Executive

Officers (CEOs) have the authority to set core hours (designated hours and days during which an

employee must be present for work) based on the needs of the discipline or department/work

unit.

For purposes of this section, CEO means Assistant Directors, Regional Directors, and local Chief

Executive Officers.

The Bureau currently utilizes two types of compressed work schedules where it is feasible to do

so, the 4/10 hour-day workweek and the 5-4/9 plan:

The 4/10 hour-day workweek is a fixed tour of duty limited to four 10-hour days per week.

The 5-4/9 plan is a fixed tour of duty limited to eight 9-hour days and one 8-hour day within a

bi-weekly pay period.

Workdays in excess of 10 hours are not recommended for inclusion in a compressed work

schedule. These schedules may have a detrimental effect on security and could inhibit

employees’ ability to adequately perform job functions due to excess fatigue caused by the

P3630.02 02/01/2017 26

longer hours. Schedules consisting of 12-hour days may be approved under limited

circumstances.

Compressed work schedules are not an employee entitlement. Supervisors are responsible for

establishing and monitoring their employees’ work schedules, and determining if adequate

personnel coverage will be provided to ensure the effective and efficient functioning of the

department/work unit. A compressed work schedule may be requested for one employee or a

group of employees. In considering requests, special attention should be given to the work needs

of the office and the demonstrated performance and reliability of the individual(s) involved. The

duties of some positions do not lend themselves to this type of work schedule. Position

complement may also restrict participation.

An employee on a compressed work schedule who transfers to another office must follow the

schedule in effect in the new office.

If an employee goes to another position while remaining within the same office, the supervisor

must evaluate the impact of participation on the work requirements of the new assignment.

An employee may request to be excluded from a compressed work schedule if that schedule

would impose a personal hardship on him/her.

The servicing Human Resource Office must maintain records documenting the number of

requests approved and denied, the type of schedules(s) in use, and the number of participating

employees. Any documents containing an evaluation of the program in terms of measuring the

impact on the effective and efficient functioning of the department/work unit must also be

maintained.

3. PROCEDURES

Requests for compressed work schedules may be approved or disapproved at the local or

regional level by the CEO/Branch Chief, on a case-by-case basis, in accordance with the terms

of 5 U.S.C., Chapter 61, Subchapter II.

Supervisors must coordinate requests with their servicing Human Resource Office to ensure

consistent processing of requests.

The completed compressed work schedule request package must include:

■ A cover memorandum from the CEO to the Office of General Counsel (OGC), Employment

Law Branch.

P3630.02 02/01/2017 27

■ A Compressed Work Schedule (CWS) Request (BP-A1091).

■ A Compressed Work Schedule (CWS) Agreement (BP-A1090) for each employee covered

by the schedule.

■ A Compressed Work Schedule (CWS) Supervisory Pre-Implementation Questionnaire (BP-A1092).

■ A U.S. Department of Justice Flexible Work Option Request Form completed by each

employee participating in the compressed work schedule.

■ Three copies of the package.

If a request is disapproved at the local or regional level, notification of the denial must be

provided by the CEO to the servicing Human Resource Office. The Human Resource Office

then prepares a written response to the appropriate supervisor.

The compressed work schedule package approved at the local level is forwarded by the

institution’s servicing Human Resource Office to the Regional Director, who forwards it to the

Employment Law Branch, OGC, for a legal and technical review. OGC’s legal and technical

review must be coordinated with the Assistant Director for the discipline. Schedules may not be

implemented until the final review is completed. A copy of the final decision and the request

package is forwarded by OGC to the servicing Human Resource Office.

If, upon completion of the review at the national level, a schedule is determined to be legally

insufficient, the Employment Law Branch will provide a written opinion to the CEO. If

determined to be legally sufficient, OGC notification to implement the schedule will be

forwarded to the CEO.

Six months after implementation of an approved schedule, supervisors may conduct an

evaluation to determine its effectiveness. If an evaluation is conducted, the procedures noted

below should be followed.

Complete the Supervisory Assessment of Compressed Work Schedule (CWS) (BP-A1094), if

unfavorable changes are noted.

This form, along with a cover memo that includes the institution name and the department/unit

working the schedule, is submitted to the Employment Law Branch. OGC will coordinate a

technical and legal review with the appropriate discipline’s Assistant Director.

If at any time a supervisor or CEO determines the compressed work schedule has an adverse

impact on the agency’s mission, he/she will refer the determination to OGC for a legal review.

The CEO issues a decision to the parties involved following OGC’s concurrence.

If a schedule is discontinued for reasons other than an adverse agency impact, OGC must be

notified in writing of the discontinuance and the reason(s) for it.

P3630.02 02/01/2017 28

Section 5. Family and Medical and Federal Employees Family Friendly Leave

Acts

1. PURPOSE AND SCOPE

This policy establishes procedures for the Family and Medical Leave Act (FMLA) and Federal

Employees Family Friendly Leave Act (FEFFLA).

References

5 U.S.C. § 6307

5 U.S.C. §§ 6381 -- 6387

Federal Employees Family Friendly Leave Act, Pub. L. 103-388, 108 Stat. 4079 (1994) (adding 5

U.S.C. § 6307(d) (2000))

Family and Medical Leave Act Of 1993, Pub. L. 103–3, 107 Stat 6 (1993) (29 U.S.C.A. Ch. 28)

5 CFR part 630

OPM Handbook on Leave and Workplace Flexibilities for Childbirth, Adoption, and Foster Care

2. FAMILY AND MEDICAL LEAVE ACT CRITERIA

FMLA entitles most Federal employees a total of up to 12 workweeks of unpaid leave during

any 12-month period for the following purposes:

■ The birth of a son or daughter of the employee and the care of such son or daughter.

■ The placement of a son or daughter with the employee for adoption or foster care.

■ The care of spouse, son, daughter, or parent of the employee who has a serious health

condition.

■ A serious health condition of the employee that makes the employee unable to perform the

essential functions of his/her position.

■ A qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the

employee is on covered active duty (or has been notified of an impending call or order to

covered active duty) in the Armed Forces.

Under certain conditions, an employee may use the 12 weeks of FMLA leave intermittently.

An employee may elect to substitute any available leave (e.g., annual, sick, compensatory),

consistent with current laws and the Office of Personnel Management’s (OPM) regulations for

using any available leave, for any unpaid leave under the FMLA. The amount of sick leave that

may be used to care for a family member is limited to 480 hours minus any Family Friendly sick

leave used during the same leave year.

P3630.02 02/01/2017 29

3. FMLA AND CHILDBIRTH

Employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month

period for one or more of these purposes related to childbirth:

■ The birth of a son or daughter of the employee and the care of such son or daughter.

■ The care of a spouse, son or daughter, or parent of the employee who has a serious health

condition.

■ A serious health condition of the employee that makes the employee unable to perform the

essential functions of his/her position.

An employee must have completed at least 12 months of service (not required to be consecutive

and not required to be at the same agency) as a covered Federal employee to be entitled to

FMLA leave.

Although not an entitlement, it is encouraged that new employees not eligible for FMLA be

provided FMLA-like benefits listed throughout this policy.

a. FMLA For Employee’s Own Care. An employee who must be absent from work because

of a serious health condition is entitled to unpaid FMLA leave for prenatal care or any period of

incapacity due to pregnancy, childbirth, or recovery from childbirth.

Since sick leave and FMLA are two separate entitlements, an employee does not need to invoke

FMLA to use sick leave for her period of recovery from childbirth. She can use 6-8 weeks of

sick leave for recovery from childbirth, then later invoke FMLA to bond with her baby.

b. FMLA To Care For Birth Mother. An employee is entitled to use FMLA leave for a wife,

daughter (generally under 18 years of age, see OPM’s definition of son or daughter used for

FMLA), or mother for prenatal care or any period of incapacity due to pregnancy, childbirth, or

recovery from childbirth. The broad definition of family member used for sick leave does not

apply to the FMLA; therefore, an employee can only use FMLA leave to provide care for the

individuals specified in law.

c. FMLA to Care for a Newborn. Each parent is entitled to use FMLA leave for the birth of a

child and care of the newborn. An employee may elect to substitute any available leave (e.g.,

annual, sick, compensatory) for any or all of the leave without pay under the FMLA, consistent

with the laws and regulations for using any available leave. An employee’s entitlement to

FMLA leave expires 12 months following the date of the birth of a child.

P3630.02 02/01/2017 30

d. Intermittent Use of FMLA Leave or Use on a Reduced Leave Schedule. An employee is

entitled to take FMLA leave on an intermittent basis or on a reduced leave schedule for absences

in connection with a serious health condition. A reduced leave schedule is a special kind of

intermittent leave that amounts to a change in an employee’s usual number of working hours in a

workweek or workday, in many cases reducing an employee’s full-time schedule to a part-time

schedule for the period of FMLA leave. Therefore, an employee is entitled to take FMLA leave

for her own or an eligible birth mother’s prenatal appointments, for any period of incapacity due

to pregnancy, childbirth, or recovery from childbirth (including for “morning sickness”), or to

care for his/her child with a serious health condition. Eligibility and medical certification for the

serious health condition is established when the employee first invokes FMLA for a serious

health condition. A medical note is not required for each absence related to the serious health

condition.

Upon agreement between the approving official and the employee, the employee may use FMLA

leave intermittently or on a reduced leave schedule to bond with or care for his/her healthy baby,

taking into consideration the impact on Bureau operations.

e. Leave Without Pay (LWOP). An employee may request LWOP to be absent from work for

purposes related to pregnancy and childbirth. An employee may request LWOP without

invoking FMLA, even if he/she has available paid leave.

Being in LWOP status (or unpaid leave) affects various employee entitlements, including the

accrual of annual and sick leave. For example, when a full-time employee with an 80-hour

biweekly tour of duty accumulates a total of 80 hours of non-pay status (either in one pay period

or over the course of several pay periods), the employee will not earn annual and sick leave in

the pay period. If the employee again accumulates 80 hours of non-pay status, he/she will again

not earn leave in the pay period in which that new 80-hour total is reached.

4. JOB BENEFITS AND PROTECTION

Upon return from FMLA leave, an employee must be returned to the same position or to an

“equivalent position with equivalent benefits, pay, status, and other terms and conditions of

employment.”

An employee who takes FMLA leave is entitled to maintain health benefits coverage. An

employee on unpaid FMLA leave may pay the employee share of the premiums on a current

basis or pay upon return to work.

P3630.02 02/01/2017 31

5. ADVANCE NOTICE AND MEDICAL CERTIFICATION

An employee must provide notice to his/her immediate supervisor of his/her intent to take family

and medical leave not less than 30 days before leave is to begin or, in emergencies, as soon as is

practicable.

A supervisor may request medical certification for FMLA leave taken to care for an employee’s

spouse, son, daughter, or parent who has a serious health condition or for the serious health

condition of the employee. Once a determination is made for leave, all copies of the medical

certification are to be returned to the employee. No medical certification is to be retained by the

employer.

6. DISABLED VETERAN LEAVE

Disabled veteran leave is provided by the Wounded Warriors Federal Leave Act, Pub. L. 114-75,

129 Stat. 640 (2015) (amending 5 U.S.C. Ch. 63).) (hereafter referred to as “the Act”). The Act

added 5 U.S.C. § 6329, which provides a one-time credit of “disabled veteran leave” to any Federal

employee hired on or after November 5, 2016, who is a veteran with a service-connected disability

rated at 30 percent or more for purposes of undergoing medical treatment for such disability for

which sick leave could regularly be used.

a. Definitions: The Act defines the following terms:

■ Employee. Has the same meaning as provided for in the definition of “employee” under 5

U.S.C. § 2105, and also includes employees of the United States Postal Service and the Postal

Regulatory Commission.

■ Veteran. Means a person who served in the active military, naval, or air service, and who was

discharged or released under conditions other than dishonorable.

■ Service-Connected. Refers to a disability that was incurred or aggravated in the line of duty in

the active military, naval, or air service (as determined by the Veterans Benefits

Administration).

b. Coverage. Disabled veteran leave will be available only to an eligible employee hired on or

after November 5, 2016 (which is the date that is one year after the date of enactment). The term

“hired” refers to employees who are:

■ Newly hired with no previous Federal service.

■ Reappointed with at least a 90-day break in service.

■ Military reservists or members of the National Guard who return to duty in their civilian

positions after a period of military service (during which the individual was in continuous

civilian leave status).

P3630.02 02/01/2017 32

Disabled veteran leave is only available to employees with a service-connected disability rated at

30 percent or more, as determined by the Veterans Benefits Administration.

The new leave benefit applies to Federal civilian employees as defined in 5 U.S.C. § 2105 that are

covered by 5 U.S.C. § 6329.

The new leave benefit does not apply to employees who do not have an established tour of duty

under which leave is charged for periods of absence—e.g., employees with an intermittent work

schedule or certain Presidential appointees who are leave exempt.

c. Qualifying Service-Connected Disability. For purposes of disabled veteran leave, a

“qualifying service-connected disability” means a service-connected disability rated at 30 percent

or more, as determined by the Veterans Benefits Administration. This would include a combined

degree of disability of 30 percent or more that reflects the combined effect of multiple individual

disabilities. A disability is not qualifying unless the 30 percent rating is in effect, based on the

effective date established by the Veterans Benefits Administration.

For the purpose of determining whether an employee has a qualifying service-connected disability,

a temporary disability rating issued by the Veterans Benefits Administration under 38 U.S.C. §

1156 is considered a valid rating for as long as such rating is in effect.

To establish eligibility for disabled veteran leave, an employee must provide his/her employing

agency with documentation from the Veterans Benefits Administration certifying that the employee

has a qualifying service-connected disability.

d. Benefit Period. Disabled veteran leave is available during the continuous 12-month period

following the “first day of employment.” In the regulations, we are using the term “12-month

eligibility period.” This new leave category is a one-time benefit. Once an employee has been

provided the leave benefit, he/she will not have any further entitlements to the benefit.

For any eligible employee, there is a single 12-month eligibility period during which disabled

veteran leave may be used. The leave benefit expires at end of the 12-month eligibility period, and

any unused leave is forfeited at that time. Unused disabled veteran leave may not be cashed out

and paid in a lump sum.

The 12-month eligibility period starts on “first day of employment,” which is the first day in a

covered position occurring on the later of:

■ The earliest date an employee is hired after the effective date of a qualifying disability; or

■ The effective date of a qualifying disability (i.e., the hiring event occurs before the effective

date).

P3630.02 02/01/2017 33

Note: The effective date is generally either the day after the date of military discharge (if the person

filed a disability claim within 1 year of discharge date) or the date the claim was filed.

e. Leave Benefit. Disabled veteran leave credited to a regular full-time employee may not exceed

104 hours. Employees with part-time, seasonal, or uncommon tours of duty will be provided a

proportionally equivalent amount of leave (see 5 CFR § 630.1305(a)-(b)). This proportional

adjustment is similar to the adjustments made for sick leave and annual leave for employees who

are not regular full-time employees.

f. Usage of Leave for Medical Treatment. Disabled veteran leave may be used only for the

purpose of medical treatment of a qualifying service-connected disability.

The employee will be required to self-certify that the disabled veteran leave is being used (or was

used) for the treatment of the qualifying service-connected disability.

An agency may require, at its own discretion, confirmation from a health care provider that the

treatment provided was for the qualifying service-connected disability.

Qualifying medical treatment may be provided or prescribed by any health care provider who is

covered by the definition of “health care provider” in OPM’s Family and Medical Leave Act

(FMLA) regulations at 5 CFR part 630.

g. Retroactive Usage. If, for any reason, an eligible employee doesn’t provide certifying

documentation that the employee has a qualifying service-connected disability before receiving

medical treatment for such disability, the employee may still use disabled veteran leave for that

medical treatment through retroactive substitution. The medical treatment must have occurred

within the employee’s 12-month eligibility period. One reason that retroactive substitution may be

necessary is because of the lag in time between an employee’s filing of a claim with the Veterans

Benefits Administration and the approval of that claim (since the disability rating may be effective

retroactive to the date the claim was filed and that effective date may retroactively start the 12-month eligibility period).

When retroactive substitution is appropriate, disabled veteran leave to the employee’s credit may

be substituted for a period of absence for qualifying medical treatment—excluding periods of

suspension or absence without leave (AWOL), but including approved leave without pay, sick

leave, annual leave, compensatory time off, or other paid time off.

Given the possibility of retroactive substitution as described above, an employee with a pending

disability claim under review at the Veterans Benefits Administration should keep records

regarding medical treatment for disabilities covered by the claim.

P3630.02 02/01/2017 34

7. MILITARY CAREGIVER LEAVE ENTITLEMENTS

An employee who is the spouse, son, daughter, parent, or next of kin of a covered service

member (normally designated in writing by the service member) is entitled to a total of 26

administrative workweeks of leave during a 12-month period to care for the service member.

This leave is only available during a single 12-month period. Substitution of sick leave for

unpaid family and medical leave in this situation is permitted.

8. FEDERAL EMPLOYEES FAMILY FRIENDLY LEAVE ACT CRITERIA

The Federal Employees Family Friendly Leave Act authorizes covered full-time employees to

use a total of up to 104 hours (13 days) of sick leave per year for the following purposes:

■ Provide care for a family member who is incapacitated as a result of physical or mental

illness, injury, pregnancy, or childbirth.

■ Attend to a family member receiving medical, dental, or optical examination or treatment.

■ Provide care for a family member who would, as determined by the health authorities having

jurisdiction or a health care provider, jeopardize the health of others by that family member’s

presence in the community because of exposure to a communicable disease.

■ Make arrangements necessitated by the death of a family member, or attend a funeral of a

family member.

For the purpose of using sick leave under the FEFFLA the term “family member” is defined by

OPM as follows:

■ Spouse, and parents thereof.

■ Sons and daughters, and spouses thereof.

■ Parents, and spouses thereof.

■ Brothers and sisters, and spouses thereof.

■ Grandparents and grandchildren, and spouses thereof.

■ Domestic partner and parents thereof, including domestic partners of any individuals

listed above.

■ Any individual related by blood or affinity whose close association with the employee is the

equivalent of a family relationship.

Thus, the coverage of the FEFFLA (in terms of the individuals for whom a Federal employee

may provide care while on paid sick leave) is somewhat broader than the coverage of the Family

and Medical Leave Act of 1993, under which Federal employees may use unpaid leave to care

for a “spouse, son, daughter, or parent.”

P3630.02 02/01/2017 35

a. FEFFLA and Childbirth. Employees are entitled to use sick leave for personal medical

needs while pregnant or recovering from childbirth, to care for a family member with a serious

health condition, or for general family care purposes such as well-baby doctor visits or illnesses.

Supervisors may request administratively acceptable evidence indicating the duration of the

employee’s or family member’s recovery from childbirth, if longer than the normal 6-8 week

recovery period.

FEFFLA sick leave is an entitlement that may be used without invoking leave under FMLA.

Employees are entitled to invoke FMLA after use of sick leave under FEFFLA.

b. Sick Leave for Employee’s Own Care. An employee who is the birth mother is entitled to

use any accumulated or accrued sick leave for prenatal care, any period of incapacity due to her

pregnancy, including periods of morning sickness or medically prescribed bed rest, childbirth,

and recovery from childbirth. There is no limit on the amount of sick leave that an employee

may use for her own personal medical needs.

c. Sick Leave to Care for a Newborn. Employees may not use sick leave to be absent from

work to bond with or care for a healthy newborn (with the exception of FMLA). An employee is

entitled to use sick leave for general family care purposes; e.g., to care for a child who has a

routine illness or to take a child to medical, dental, or optical appointments or well-baby doctor

visits; or if the baby has a serious health condition. Supervisors may request acceptable

documentation of a child’s illness or treatment.

d. Sick Leave for Adoption. An employee is entitled to use sick leave when he/she must be

absent from work for purposes related to his/her adoption of a child. Such adoption-related

purposes may include:

■ Appointments.

■ Court proceedings.

■ Required travel.

■ Any periods of time during which the employee is ordered or required by the adoption

agency or by the court to take time off from work to care for the adopted child.

■ Any other activities necessary to allow the adoption to proceed.

Employees may not use sick leave (with the exception of FMLA) to be absent from work to bond

with or care for a healthy child. There is no provision in law or regulation that permits the use of

sick leave to care for a healthy newborn, bond with a healthy child, or for other child care

responsibilities. An employee is also entitled to 12 weeks of sick leave each year to care for

his/her adopted or foster child with a serious health condition (FMLA). There is no limitation on

the amount of sick leave that may be used for adoption-related purposes. Sick leave for

P3630.02 02/01/2017 36

adoption-related purposes does not count towards the 104-hour (13-day) limit of sick leave each

year for family care and bereavement purposes or the overall limit of 12 weeks of sick leave

each year for all family care purposes.

e. Advanced Sick Leave. Upon an employee’s request, an employee must be granted advanced

sick leave to the maximum extent practicable, in accordance with sick leave laws and regulations

and consistent with mission needs. An employee is eligible for a maximum of 240 hours (30

days) of advanced sick leave for purposes related to his/her adoption of a child, birth of a child, or

care of his/her child. New employees are eligible to receive advanced sick leave.

f. Advanced Annual Leave. Advanced annual leave must be granted to the maximum extent

practicable, in accordance with annual leave laws and regulations and consistent with mission

needs. Annual leave may be advanced in the amount the employee would accrue during the

remainder of the leave year. Advanced annual leave should be granted to the maximum extent

practicable for purposes related to childbirth, adoption, or foster care. Advanced annual leave

may be granted for the same reasons annual leave is granted, as specified in law and regulation,

irrespective of the employee’s existing annual leave balance. New employees are eligible to

receive advanced annual leave.

An employee is required to repay advanced leave except in very limited circumstances (e.g.,

disability retirement or death). Advanced leave should not be granted if it is known or

reasonably expected the employee will not return to duty.

P3630.02 02/01/2017 37

Section 6. Home Leave

1. PURPOSE AND SCOPE

The purpose of this section is to establish guidelines and procedures for granting Home Leave to

BOP employees recruited from the United States for service abroad, including Puerto Rico.

References

DOJ Order 1630.1B, Leave Administration (7/22/91)

Civilian Personnel Law Manual, Title 2, Chapter 5.E (Home Leave)

Civilian Personnel Law Manual, Title 4, Chapter 2.D (Renewal Agreement Travel)

5 U.S.C. §§ 6304(b) and 6305(a)

5 U.S.C. § 5728

5 CFR part 630

Federal Travel Regulation, 41 C.F.R. § 302–2.14

Program Statement 2200.03, BOP Temporary Duty (TDY) Travel Regulation

2. PROCEDURES

The contents of the references are not repeated herein; however, the following clarification is

offered:

To be eligible for Home Leave, the Bureau employee must have completed 24 months of

continuous creditable service in Puerto Rico and agree to an additional tour of duty of not less

than 12 months by completing form BP-A1088. Home Leave is to be taken in the United States.

Home Leave may not be used in Puerto Rico.

Prior to being transferred to Puerto Rico, for Foreign Assignment, Overseas Transfers, the

employee must complete the Initial Written Agreement for a 24-month period (see the Federal

Travel Regulation, 41 C.F.R. § 302-2.14.)

Bureau employees will earn no more than 5 days of Home Leave for each 12-month period.

The renewal travel agreement provisions are intended to provide expense reimbursement for

round-trip travel and transportation by civilian Government employees and their families

between tours of duty overseas for the purpose of taking home leave.

Home Leave may be approved in combination with other leave of absence, at the discretion of

the Warden.

P3630.02 02/01/2017 38

Section 7. Public Safety Officers’ Benefits Program

1. PURPOSE AND SCOPE

To describe the Public Safety Officers’ Benefits (PSOB) Program.

References

42 U.S.C., Chapter 46

28 CFR part 32

Public Safety Officers' Benefits Act of 1976 (the “Benefits Act” or “Act”), Pub.L. No. 94–430, 90

Stat. 1346 (codified as amended at 42 U.S.C. §§ 3796–3796c (1994)).

2. BENEFITS

The PSOB makes eligibility determinations on and provides death and education benefits to

survivors of public safety officers whose deaths are the direct and proximate result of a traumatic

injury sustained in the line of duty or certain eligible heart attacks or strokes as well as disability

benefits to officers catastrophically injured in the line of duty.

The PSOB payment will be made in accordance with the Public Safety Officers’ Benefits Act.

The Public Safety Officers’ Benefits Act identifies incidents where this benefit will not be made.

For information on this, go to: www.psob.gov.

The PSOB for death is paid in addition to other benefits. It is exempt from Federal income and

estate taxes.

3. PROCEDURES FOR EMPLOYEE DEATH

The facility notifies the Consolidated Benefits Unit (CBU) of a staff death.

The CBU will forward the required/requested information to PSOB. The PSOB should contact the

survivor. The local HRM will notify the survivor of the benefit, and provide the website

information (www.psob.gov) and the contact phone number (888-744-6513).

Once all information is received, the packet is mailed via FedEx to:

Public Safety Officers’ Benefits Program

Bureau of Justice Assistance

810 Seventh Street, NW

Washington, DC 20531

P3630.02 02/01/2017 39

Five working days after submission, the Chief, CBU, contacts the PSOB Office at 1-888-744-

6513 to ascertain receipt and answer questions. Additional information needed by PSOB must

be gathered and submitted immediately.

4. PROCEDURES FOR DISABILITY

PSOB provides a one-time benefit to eligible public safety officers who are permanently and totally

disabled as a result of a catastrophic injury sustained in the line of duty. Injuries must permanently

prevent officers from performing any gainful work in the future. For procedures with filing a

claim, HRMs will refer the employee to 42 U.S.C., chapter 46, subpart C and www.psob.gov.

5. PROCEDURES FOR EDUCATION

PSOB provides support for higher education to eligible spouses and children of public safety

officers who died in the line of duty or were catastrophically disabled in the line of duty. For

current details regarding educational assistance, HRMs will refer the survivor or employee to 42

U.S.C., chapter 46, subpart D and www.psob.gov.

P3630.02 02/01/2017 40

Section 8. Restoration of Annual Leave

1. PURPOSE AND SCOPE

This policy establishes procedures for restoring forfeited annual leave for BOP employees.

References

5 CFR part 630

5 U.S.C. § 6304

DOJ 1630.1B, Leave Administration

NFC Human Resource Operation Guide

2. CRITERIA

Forfeited annual leave may be restored to the employee if the forfeiture came about as a result of

illness, exigencies of the public business (i.e., an event causing the BOP to cancel scheduled

leave), administrative error, or unjustified or unwarranted personnel action.

3. PROCEDURES

a. General Requirements. The initial request for restoration of forfeited annual leave is the

responsibility of the employee. Human Resource Managers ensure that the Request for

Restoration of Forfeited Annual Leave Form (BP-A1093) is accurately completed.

Human Resource Managers review the request and attachments, ensuring it meets the

requirements in DOJ Order 1630.1B, Leave Administration (7/22/91). Approved requests are

processed by the appropriate HR Office in accordance with the NFC Human Resource Operation

Guide.

Restored annual leave must be scheduled and used in accordance with provisions in 5 CFR part

630.

b. Institution Requests. Institution Human Resource Managers complete and sign the checklist

(Attachment C), attach it to the request, and forward the request and attachments to the Regional

Human Resource Administrator.

Regional Human Resource Administrators review the request and determine whether it warrants

approval of restoration of forfeited annual leave. Approved requests are returned to the

institution HRM for processing.

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c. Regional Office Requests. Regional Human Resource Administrators also review requests

for Regional Office employees.

d. Central Office Requests. Central Office employees submit their requests to the Central

Office Human Resource Office (COHRO) for review and approval. Approval requests are

processed in COHRO.

e. MSTC and STA Requests. Management and Specialty Training Center (MSTC) and Staff

Training Academy (STA) employees submit their requests to the local HRM for approval.

f. Grand Prairie Requests. Requests for employees at the Grand Prairie Office Complex are

processed by the local HRM.

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Section 9. Voluntary Leave Transfer Program

1. PURPOSE AND SCOPE

The purpose of this section is to establish guidelines and procedures for the administration of the

Voluntary Leave Transfer Program (VLTP) in the Federal Bureau of Prisons. This program

permits Federal employees to donate annual leave for use by other Federal employees who are

experiencing a medical emergency.

Directives Referenced.

5 U.S.C., Chapter 63, Subchapter III – Voluntary Transfers of Leave, Sections 6331-6340

5 CFR part 630

2. MEDICAL EMERGENCY

The term “medical emergency” means a medical condition of an employee or the employee’s

family member that is likely to require a prolonged absence from duty (that is or is expected to

be at least 24 hours) and result in a substantial loss of income to the employee because of the

unavailability of paid leave.

The existence of advanced leave may not be considered when determining whether to grant leave

under this program.

A medical emergency could be a serious medical problem of the employee or a member of

his/her family. Absence for maternity reasons could constitute a medical emergency only during

the period of the employee’s physical incapacitation for duty and must be supported by

documentation from the attending physician. The determination that a medical situation

constitutes an emergency is made by the local VLTP Screening Committee on a case-by-case

basis after careful consideration of the medical reasons and documentation provided by the

employee or someone acting on his/her behalf.

If the Screening Committee requires additional medical documentation from more than one

source (second opinion), the applicant is not responsible for the payment of expenses charged by

the additional source.

The definition of “family member” covers a wide range of relationships: spouse, parents,

parents-in-law, children, brothers, sisters, grandparents, grandchildren, stepparents; stepchildren,

foster parents, foster children, guardianship relationships; same-sex and opposite-sex domestic

partners, spouses or domestic partners of the aforementioned, and any individual related by

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blood or affinity whose close association with the employee is the equivalent of a family

relationship.

3. DESIGNATION OF COMMITTEES

Requests to participate in the VLTP as a recipient will be processed through a VLTP Screening

Committee. Screening Committees must be established at institutions, Regional Offices,

Training Centers, Grand Prairie, and the Central Office, and should have a Chairperson and three

or more members. Designation of the Committee’s size and membership is at the Chief

Executive Officer’s discretion.

The Committee must include a representative from the HRM Department, a representative from

the Medical Department, and a Union representative appointed by the local Union president.

The CEO may select other members for this Committee. All members serve on the Committee

as a collateral duty or on official time, as appropriate. Any violations of the employee’s privacy

rights may result in administrative or criminal sanctions.

Screening Committees have authority to approve or deny requests to participate in the VLTP.

Upon approval of an employee to be a recipient under the program, the VLTP Screening

Committee forwards the appropriate authorization to the HRM Department.

Screening Committees establish appropriate control and follow-up systems to monitor the

eligibility of recipients for continued participation. Except for documented emergencies that will

obviously be of extended duration, the Screening Committee will require, as appropriate, from

the recipient the periodic submission of updated supporting medical documentation that is not

covered by the original request.

Institutions, the Management and Specialty Training Center, the Staff Training Center, Grand

Prairie, Regional Offices, and the Central Office committees provide service to their employees.

Screening Committees should maintain records of all leave approved and disapproved at the

local and national level. Information maintained by these committees will be provided to the

Union upon request, consistent with 5 U.S.C. § 7114.

4. ADMINISTRATION

a. Recipients. An employee who has been affected by a medical emergency may submit an

application (BP-A0832) to become a leave recipient to their servicing Human Resource Office.

An employee may seek the assistance of the Human Resource Office in completing the

application. If an employee is not capable of making the application, a personal representative (an

immediate family member, guardian, or trustee) of the employee may make written

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application on his/her behalf and may request agency assistance in completing the application.

Application may be delivered by personal representative, as described above, or by a coworker.

The Human Resource Manager will be responsible for insuring the VLTP application is

submitted to the local Screening Committee in a timely manner.

Screening Committee decisions will be based upon a majority vote. The local Screening

Committee will decide on the propriety of the request, based upon proof of a medical emergency.

Leave balances must be within established criteria, as determined by the Human Resource

Office. The criteria are:

For an approved leave recipient whose medical emergency is a medical condition of his/her

own, or to provide care and attendance to a member of the immediate family who has a

contagious disease (for which public health officials require that a patient be quarantined,

isolated, or restricted), sick and annual leave balances must be zero (or negative) prior to the

official transfer of donated annual leave. In accordance with 5 U.S.C. § 6333, this does not

apply to employees who sustain combat-related disabilities.

For an approved leave recipient whose medical emergency is a medical condition of his/her

family (other than a contagious disease), the employee’s annual leave balance must be zero (or

negative), and the employee must use sick leave in accordance with the sick leave provisions

outlined in 5 CFR part 630, prior to the transfer of donated leave.

The Human Resource Manager will notify the applicant of the Screening Committee’s decision

as soon as practicable, but no longer than 10 days (excluding Saturdays, Sundays, and legal

holidays) after the application is received. If the application is not approved, the notification

must include the reasons for disapproval.

Annual leave transferred may be substituted retroactively for periods of leave without pay

(LWOP), or advanced annual and/or sick leave granted on or after the date verified by the

Screening Committee as the commencing date of the medical emergency, at the recipient’s

election.

Annual and sick leave accruals received as a result of donated leave may each accumulate up to a

maximum of 40 hours in a separate account. This leave will be credited and made available for

the employee’s use, effective the beginning of the pay period after the date on which the

employee’s medical emergency terminates. If the medical emergency has not ended but there

are no further donors, this account may be credited to the employee to use. The employee must

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continue to accrue annual leave while in a shared leave status to the extent necessary for the

purpose of reducing any indebtedness caused by the use of annual leave advanced at the

beginning of the leave year.

b. Donors. An employee who wishes to make a donation of annual leave to an approved leave

recipient may submit an application (OPM 630-A) to the local Human Resource Office.

The Human Resource Office reviews each donor’s request to ensure its accuracy, compliance

with policy, and that the recipient is not the donor’s immediate supervisor. No one may donate

leave to his/her immediate supervisor.

The Human Resource Office will also ensure that the donor is not transferring more leave than is

permitted under the guidelines outlined below:

■ In any one leave year, a leave donor may donate no more than a total of one-half of the

amount of annual leave he/she would be entitled to accrue during the leave year in which the

donation is made.

■ In the case of a leave donor who is projected to have annual leave that otherwise would be

subject to forfeiture at the end of the leave year, the maximum amount of annual leave that

may be donated during the leave year must be the lesser of:

 One-half of the amount of annual leave he/she would be entitled to accrue during the

leave year in which the donations 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. For example, if you are projected

to forfeit 80 hours and there are only 5 working days left in the leave year, the maximum

number of hours you can contribute is 40. The other 40 hours will be forfeited. This

constraint only becomes a problem when employees wait until very late in the leave year

to make a contribution.

The Human Resource Manager may waive the limitation on annual leave contributions as

prescribed above, when it is determined that granting the waiver would benefit the Voluntary

Leave Transfer Program. Consideration for a waiver is made on a case-by-case basis and must

be documented in writing. Examples include, but are not limited to, family members and donor

requests.

The decision to donate annual leave is irrevocable once the leave has been transferred. The

minimum amount of annual leave that can be transferred from a donor to a leave recipient is 4

hours.

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c. Nationwide Solicitation Process. When insufficient donations are received locally, the

institution may request nationwide solicitation if the employee desires. Ordinarily, the request

will not be denied for nationwide solicitation if the local screening committee has already

approved the request for local donations. The request is addressed to the Personnel Director

from the Human Resource Manager and sent via GroupWise to the Staffing and Employees

Relations Section (BOP-HRM/SERS) for processing. The request must include:

■ The recipient’s name.

■ A brief statement indicating the total number of hours donated at the local level, and the

nature of the emergency.

■ A statement that all local donations have been exhausted.

■ A statement that the employee has requested to be placed on the national VLTP.

■ Copy of the employee’s latest T&A.

■ Copy of the VLTP committee minutes.

■ VLTP/VLBP Application filled out completely.

Once the request has been approved, the institution will be notified and given permission to

solicit contributions nationwide. Nationwide solicitations may be made only to Bureau

institutions. No formal solicitations will be made to the Department of Justice or to other

Federal agencies.

Note: when employees from one institution know of another employee’s need for leave under

VLTP at a different institution, it is not necessary to request nationwide solicitation. Further,

employees in Federal complexes are considered to be from the same institution.

It is only necessary to request nationwide solicitation approval when there are no further

donations from the local area or other sources.

d. Donations To and From Other Federal Agencies. Federal regulations allow leave

donations to and from other Federal agencies when:

■ The leave recipient is a family member employed by another agency.

■ There are insufficient donations to meet the leave recipient’s needs; and/or

■ Acceptance of leave transferred from another agency would further the VLTP program’s

purpose.

Human Resource Offices should coordinate with other agencies to get the leave expeditiously

transferred to the appropriate leave recipients or from the appropriate donors.

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Employees who wish to donate leave to a recipient at another Federal agency may use the

Request to Donate Annual Leave to Leave Recipient (Outside Agency) Under the Leave

Transfer Program (OPM 630-B).

5. TERMINATION OF PARTICIPATION

The medical emergency affecting an individual must terminate:

■ Upon formal request from the recipient stating that his/her medical emergency has ended

(note: the Screening Committee does not need to review this request).

■ At the end of the pay period in which the Screening Committee determines, after written

notice from the agency and an opportunity for the leave recipient (or a personal

representative) to answer orally or in writing within five working days, that the medical

emergency no longer exists.

■ When the recipient’s employment is terminated; or

■ No later than at the end of the pay period in which notice is received that application for

disability retirement has been approved.

When necessary, and after coordination with the recipient’s supervisor, the Human Resource

Manager will issue notifications to recipients of their termination as participants. These notices

must provide the reason(s) for the termination.

6. REFUNDS OF DONATED LEAVE

When a recipient is terminated from participation in the VLTP, the Human Resource Manager

will determine the amount of leave to be refunded to each donor, if there are any remaining

hours.

If an employee’s medical emergency is terminated due to death or OPM approval of disability

retirement, any transferred annual leave remaining in the recipient’s account is used first to

liquidate any annual or sick leave advanced to the employee, then to replace any leave without

pay, prior to restoration of such leave to the leave donor(s). (Note: the disability annuity begins

on the first day in nonpay status.)

Any transferred annual leave remaining to the credit of a leave recipient when the medical

emergency terminates must be restored to the leave donor in full-hour increments. The

minimum amount of leave that can be restored under Title 5 CFR part 630, is one hour. The

restoration formula is:

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■ Divide the number of hours of unused transferred annual leave by the total number of hours

of annual leave transferred to the leave recipient.

■ Multiply the ratio obtained above by the number of hours of annual leave transferred by each

leave donor.

■ Round the result obtained above to the next lower whole hour amount. This is the amount

restored to each leave donor.

■ If the total number of leave donors exceeds the total number of hours of annual leave to be

restored, no unused transferred annual leave may be restored.

■ Should any donated annual leave be returned to the donor that places the donor in forfeiture

status, the rules governing restoration of annual leave apply.

Refund of Donated Leave from DOJ Leave Bank. When a recipient receives donations from

both VLTP and the DOJ Leave Bank, VLTP donations must be used first. If there are any

remaining hours after the medical emergency ends, the hours must be returned to the DOJ Leave

Bank. A written memorandum is submitted to the DOJ Leave Bank through the Bureau’s Leave

Bank Coordinator, stating how many hours are being returned to the Leave Bank from the

recipient.

7. SUPERVISORS’ RESPONSIBILITIES

Supervisors must be familiar with the VLTP and cooperate with the VLTP Screening

Committees in the administration of this program. Supervisors cannot disqualify or prohibit an

employee from applying for approval as a leave recipient under VLTP. However, immediate

supervisors continue to maintain their responsibilities and rights for approving the use of

transferred annual leave and accrued sick or annual leave, regardless of whether the employee

has been approved as a leave recipient, and for requesting updated medical documentation.

Immediate supervisors should monitor the use of transferred leave and notify the VLTP

screening committee of any concerns they may have regarding its inappropriate use.

8. HUMAN RESOURCE OFFICE RESPONSIBILITIES

The Human Resource Manager will certify donations of leave for each recipient and ensure that

donating employees’ “ANNUAL LV USED YTD” field through TINQ is adjusted.

For recipients, donated leave hours will be placed in the “RESTORED ANNUAL LEAVE” field

through TINQ. Leave recipients may use the Restored Annual Leave after the Master Record

has been adjusted.

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The timekeeper/timekeyer must apply leave so that appropriate sick and annual leave balances

are at zero, in accordance with Section 4 [medical or family emergency], for the employee while

that employee is in a recipient status. The timekeeper manually keeps a running total of leave

accruals that will be made available to the recipient after the medical emergency has been

terminated.

At the end of the medical or family emergency, the Human Resource Manager ensures the

timekeeper/timekeyer that the employee is being removed from the VTLP. Upon this

notification, the timekeeper/timekeyer recredits the leave that the employee would have received

had he/she been in regular duty status.

The recredit will be what the employee would have received or up to 40 hours, whichever is less,

and includes annual and sick leave. An employee who is out for an extended period under

Section 4 [medical emergency] will continue to accrue sick and annual leave up to 40 hours each.

An employee who is out under Section 4 [family medical emergency] will continue to accrue

annual leave up to 40 hours; however, sick leave balances are unaffected for situations covered

by this section.

Upon notification, the employee’s ANNUAL LV ACCRUALS YTD will be adjusted through

TINQ to show the accrued leave up to 40 hours (as described above).

9. VLTP RECORDS

The Human Resource Manager will receive documentation on an approved recipient for

Voluntary Leave Transfer. The Human Resources Office must submit a MAGIC Help-desk

ticket to the Consolidated Processing Unit (CPU) to code the employee as an approved leave

recipient and stop leave accruals on the National Finance Center (NFC) database. Once the

employee is no longer a leave recipient, the Human Resources Office must submit a MAGIC

Help-desk ticket to remove the approved leave recipient code. The Human Resource Manager

will notify the timekeeper/timekeyer that the employee is an active recipient of the VLTP and

instruct them to make sure leave balances are zero, in accordance with Section 4.