|
REPORT TO CONGRESS
ON THE
"FEDERAL EMPLOYEES FAMILY FRIENDLY
LEAVE ACT" (PUBLIC LAW 103-388)
June 1997
|
For more information on The Federal Employees Family Friendly Leave
Act, contact the Compensation Administration Division on (202) 606-2858
or email at [email protected].
I. Executive Summary
This report presents the Office of Personnel Management's findings on
the use of sick leave for family care or bereavement purposes under the
Federal Employees Family Friendly Leave Act, Public Law 103-388, October
22, 1994. The Act, which became effective on December 22, 1994, requires
the Office of Personnel Management (OPM) to submit a report to Congress
no later than June 21, 1997, to evaluate the use of sick leave for family
care or bereavement purposes and to make recommendations as to whether
the entitlements under the Act should continue beyond December 21, 1997.
The Federal Employees Family Friendly Leave Act authorizes covered full-time
employees to use a total of up to 40 hours (5 workdays) of sick leave per
year to (1) give care or otherwise attend to a family member having an
illness, injury, or other condition which, if an employee had such a condition,
would justify the use of sick leave by the employee; or (2) make arrangements
for or attend the funeral of a family member. In addition, a covered full-time
employee who maintains a balance of at least 80 hours of sick leave may
use an additional 64 hours (8 workdays) of sick leave per year for these
purposes, bringing the total amount of sick leave available for family
care or bereavement purposes to a maximum of 104 hours (13 workdays) per
year.
On December 12, 1996, OPM requested that Directors of Personnel provide
information on the use of sick leave for family care or bereavement purposes.
OPM received responses from 56 agencies. Although most employees may use
a total of up to 104 hours (13 workdays) of sick leave each year for family
care or bereavement purposes, the average amount of sick leave used in
1995 for these purposes was 23.3 hours (less than 3 workdays), and the
average amount of sick leave used in 1996 for these purposes was 28.9 hours
(less than 4 workdays). Only about 3 percent of employees who used sick
leave for family care or bereavement purposes used the maximum of 13 workdays
per year. Based on the information provided by the reporting agencies,
228,537 employees used sick leave for family care or bereavement purposes
in 1995, and 335,201 employees used sick leave for these purposes in 1996,
an increase of 46 percent. We attribute this rise to a growing employee
awareness of the provisions of the Federal Employees Family Friendly Leave
Act. In addition, although more female than male employees exercised their
entitlement to use sick leave for family care or bereavement purposes,
the average number of hours used by males was slightly higher than the
average number of hours used by females in both 1995 and 1996.
Data from the Office of Personnel Management's Annual Survey of Work Years
and Personnel Costs show that the average number of days of sick leave
used by Federal civilian employees in Executive branch agencies (including
the U.S. Postal Service) increased from 8.6 days in 1994 to 8.8 days in
1995 and to approximately 9.3 days in 1996(1).
Thus, the average number of days of sick leave used for all purposes has
increased by about 8 percent since 1994, the year the Federal Employees
Family Friendly Leave Act was enacted.
There are a number of factors to which the recent increase in the use of
sick leave may be attributed. For example, in addition to the enactment
of the Federal Employees Family Friendly Leave Act, Congress enacted separate
legislation in 1994 to permit employees to use sick leave for any purpose
related to the adoption of a child and to substitute sick leave retroactively
for any annual leave used for adoption-related purposes between September
30, 1991, and September 30, 1994. The changing demographics of the Federal
workforce--i.e., more working mothers, single parents, and adult children
caring for parents, together with an aging population--also may be responsible
for increases in the use of sick leave.
Federal agencies fully support the continuation of the Federal Employees
Family Friendly Leave Act. Agencies believe the Act demonstrates that the
Federal Government recognizes the importance of family responsibilities
and is committed to assisting Federal employees in balancing their work
and family responsibilities. The general perception is that employees who
take time off for these purposes are better able to deal with the financial
and personal strains caused by a family member's medical needs or death.
When an employer demonstrates support of its employees through this means,
it fosters goodwill and creates a more compassionate family friendly workplace,
resulting in a more productive workforce.
Recommendation
The Office of Personnel Management recommends that the Federal Employees
Family Friendly Leave Act be made permanent.
II. Leave
Flexibilities Available for Family Care Purposes
In response to America's changing demographic realities and a renewed commitment
to family values, the Federal Government has for some time pursued a range
of family friendly employment policies and programs to help Federal employees
balance work and family demands. The Federal Employees Family Friendly
Leave Act is just one of several family friendly leave policies established
to achieve a workplace culture that is more family friendly and productive.
Under the current Federal leave system, employees accrue and accumulate
annual and sick leave that may be used for paid absences from work. Annual
leave accrual rates increase with career longevity so that full-time employees
with more than 15 years of Federal service earn substantially more annual
leave (26 days) than full-time employees with less than 3 years of service
(13 days). In addition, full-time employees earn 13 days of sick leave
each year. In most cases, employees use annual leave for vacations and
personal needs, including caring for a family member. Sick leave serves
as the primary source of income protection for an employee's own sickness
or injury. Under the Federal Employees Family Friendly Leave Act, Federal
employees may now use a limited amount of their sick leave to care for
a family member. In addition, employees may use sick leave for purposes
related to the adoption of a child. Employees may also request advance
annual leave, up to 40 hours of advance sick leave, or leave without pay
for family care or bereavement purposes.
Under the Family and Medical Leave Act of 1993, covered Federal employees
are entitled to a total of 12 administrative workweeks of unpaid leave
during any 12-month period for (a) the birth of a son or daughter and care
of the newborn; (b) the placement of a son or daughter with the employee
for adoption or foster care; (c) the care of a spouse, son, daughter, or
parent with a serious health condition; and (d) a serious health condition
of the employee that makes the employee unable to perform the duties of
his or her position. Employees may elect to substitute their annual leave
or sick leave, if appropriate, for unpaid leave under the Family and Medical
Leave Act, consistent with current law and regulations.
The Federal leave sharing program assists employees who have depleted their
accumulated annual and sick leave. The Federal leave transfer program allows
Federal employees to donate annual leave to other Federal employees who
have personal or family medical emergencies and who have exhausted their
own paid leave. Federal leave banks allow employees to contribute a specified
amount of annual leave yearly to their agency leave bank. Leave bank members
affected by personal or family medical emergencies can then withdraw leave
from the bank if they exhaust their own paid leave.
Prior to the enactment of the Federal Employees Family Friendly Leave Act,
the Office of Personnel Management (OPM) published proposed regulations
in the Federal Register on
May 11, 1994, to expand the use of sick leave by permitting employees to
use a total of up to
5 workdays of sick leave each leave year to provide care for a child, spouse,
or parent as a result of sickness, injury, pregnancy, or childbirth; make
arrangements necessitated by the death of a child, spouse, or parent; or
attend the funeral of a child, spouse, or parent. Analysis of existing
Federal leave policies had shown the need and desire for expanded use of
sick leave to care for family members. The report of the National Performance
Review (NPR) on September 7, 1993, stated that "family-friendly policies
serve the needs of a diverse workforce struggling to manage child care,
elder care, family emergencies and other personal responsibilities while
at the same time remaining committed to professional development and advancement."
The NPR went on to recommend that employees be permitted to use sick leave
to care for dependents in order to advance these goals. OPM's proposed
changes in the sick leave regulations were part of OPM's continuing effort
to develop human resource policies that are sensitive to the needs of employees.
Soon after OPM's proposed regulations were published, the Federal Employees
Family Friendly Leave Act (H.R. 4361) was introduced in the 103rd Congress
by Congresswoman Eleanor Holmes Norton. In her opening statement at a hearing
on the bill before the House Subcommittee on Compensation and Employee
Benefits on May 18, 1994, Congresswoman Norton pointed out that the Bureau
of Labor Statistics found that in the private sector, 36 percent of employees
were granted the right by their employers to use sick leave to care for
a sick child. In addition, OPM found that 46 State governments, whose sick
leave policies are generally comparable to those of the Federal Government,
allowed the use of sick leave for family illnesses.
Under its own regulatory authority, OPM published final regulations implementing
the use of sick leave for family care or bereavement purposes on December
2, 1994 (59 FR 62265). OPM's final regulations are consistent with the
Federal Employees Family Friendly Leave Act, which became effective on
December 22, 1994.
The Federal Employees Family Friendly Leave Act provides explicitly that
the term "family member" must be defined in the same way that
the term is defined under the OPM regulations governing the Federal leave
transfer program. Under 5 CFR 630.902, "family member" means
the following relatives of the employee:
(a) Spouse, and parents thereof;
(b) Children, including adopted children, and spouses thereof;
(c) Parents;
(d) Brothers and sisters, and spouses thereof; and
(e) 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 Federal Employees Family Friendly Leave Act
(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."
III. Analysis of Leave Data
To enable the Office of Personnel Management (OPM) to evaluate the use
of sick leave for family care or bereavement purposes, agencies were requested
to provide data on the use of sick leave for these purposes. OPM received
responses from 56 agencies. (See Appendix
1 for a complete listing of the responding agencies.)
In 1995, the first full leave year in which the use of sick leave for
family care or bereavement purposes was permitted, 228,537 employees in
the responding agencies (about 10.8 percent of all covered employees) used
sick leave for family care or bereavement purposes. Although most Federal
employees may use a total of up to 104 hours (13 workdays) of sick leave
for these purposes, in 1995 the average amount of sick leave used was 23.3
hours (less than 3 workdays). The number of employees using sick leave
for family care or bereavement purposes rose in 1996 to 335,201 (17.0 percent
of all covered employees), an increase of 46.7 percent from 1995 to 1996.
In addition, the average amount of sick leave used for family care or bereavement
purposes increased by about 5 hours, to 28.9 hours (less than 4 workdays).
We attribute these increases to a growing employee awareness of their entitlement
to use sick leave for family care or bereavement purposes. While it is
impossible to predict the level of use of sick leave for these purposes
in the future, it is reasonable to conclude that there will not be significant
increases in the number of employees using sick leave for family care or
bereavement purposes now that the program is firmly established and employees
are generally aware of their entitlement. (See
Appendix 2 for complete data on the use of sick leave for family care or
bereavement purposes.)
In 1995, 12.4 percent of eligible female employees and 9.5 percent
of eligible male employees in the reporting agencies used sick leave for
family care or bereavement purposes. The percentage of eligible female
employees using sick leave for family care or bereavement purposes rose
to 21.1 percent in 1996, while the percentage of male employees using this
benefit increased to 13.3 percent. Male employees using sick leave for
these purposes used an average of 26.4 hours in 1995 and 30.0 hours in
1996, while female employees used an average of 20.5 hours in 1995 and
28.0 hours in 1996. On average, although more female than male employees
exercised their entitlement to use sick leave for family care or bereavement
purposes, the average number of hours used by males was slightly higher
than the average number of hours used by females in both 1995 and 1996.
Data from OPM's Annual Survey of Work Years and Personnel Costs show that
the average number of days of sick leave used by Federal civilian employees
in Executive branch agencies (including the U.S. Postal Service) increased
from 8.6 days in 1994 to 8.8 days in 1995 and to approximately 9.3 days
in 1996(2). Thus, the average number of
days of sick leave used for all purposes has increased by about 8 percent
since 1994.
There are a number of factors to which the recent increase in the use of
sick leave can be attributed. For example, in addition to the enactment
of the Federal Employees Family Friendly Leave Act, Congress enacted separate
legislation in 1994 to permit employees to use sick leave for any purpose
related to the adoption of a child and to substitute sick leave retroactively
for any annual leave used for adoption-related purposes between September
30, 1991, and September 30, 1994. Employees were entitled to request the
retroactive substitution of sick leave for annual leave through September
30, 1996. The changing demographics of the Federal workforce--i.e., more
working mothers, single parents, and adult children caring for parents,
together with an aging population--also may be responsible for increases
in the use of sick leave
.
IV. Agency Reports and
Suggestions
A. General Comments
The Federal Employees Family Friendly Leave Act has had a very positive
impact on employees, managers, and the ability of Federal agencies to accomplish
their mission. Overall, agencies reported that the Act has helped employees
in their struggle to balance work and family responsibilities, and as a
result, has made for a more productive and efficient workplace. The enactment
of the Federal Employees Family Friendly Leave Act has allowed the Federal
Government to be viewed as a flexible and caring employer. In addition,
agencies reported that the Federal Employees Family Friendly Leave Act
improved communication and instilled a more cooperative attitude between
supervisors and employees. Some agencies reported a reduction of grievances
filed by employees and disciplinary actions taken by supervisors.
The Federal Employees Family Friendly Leave Act also has helped to bridge
the gap in income protection for employees who have little or no available
paid annual leave, but who need paid time off from work for family care
or bereavement purposes. For example, leave can be depleted very quickly
when an employee is required to provide care concurrently for minor children
and elderly parents or is recovering from the death of a parent and simultaneously
must make alternative living arrangements for the surviving parent. Allowing
an employee to use his or her sick leave precludes the need for extended
periods of leave without pay, which has a negative effect on an employee's
pay and benefits, such as within-grade increases and health benefits. In
addition, the employee is better able to deal with the financial and personal
strain caused by a family member's medical needs or death. Many agencies
reported a reduction in an employee's level of stress when confronted with
a serious illness or death in the family.
B. Extent to which
13-Day Limitation Meets Employee and Agency Needs
The agencies reported that only about 3.0 percent of those employees who
used sick leave for family care or bereavement purposes in 1995 and 1996
(and less than 1 percent of all eligible Federal employees) used the maximum
of 13 workdays. All of the agencies providing comments stated that the
current limitations on the amount of sick leave that may be used each year
for family care or bereavement purposes are sufficient to meet most employees'
needs. However, although most agencies stated that there were only a small
number of employees who used the maximum leave entitlement, there is concern
that the 13-day limitation is inadequate for employees affected by long-term,
catastrophic illnesses of family members. In addition, one agency believes
the 13-day limitation may be insufficient for employees who require extensive
travel time to reach family members (e.g., employees stationed overseas),
since the travel time significantly reduces the amount of time available
for taking care of these individuals. Some agencies believe the 13-day
limitation may also be inadequate for employees who are required to provide
care concurrently for minor children and elderly parents or are recovering
from the death of a parent and simultaneously must make alternative living
arrangements for the surviving parent.
C. Impact on Employees, Managers, and Agency Mission
Accomplishment
Federal agencies believe the use of sick leave for family care or bereavement
purposes had a very positive impact on employees, managers, and the ability
of agencies to accomplish their agency mission. Agencies believe the entitlements
provided by the Federal Employees Family Friendly Leave Act show that the
Federal Government recognizes the importance of family responsibilities
and is committed to assisting Federal employees in balancing the demands
of work and family.
Federal agencies also believe the Federal Employees Family Friendly Leave
Act allows for better planning for office coverage during employee absences
when it is known in advance that an employee will be absent from work.
One agency stated that planned preventive care for family members reduces
the amount of unplanned "emergency" care. When employees were
able to plan in advance, agencies reported that their mission did not falter
because employees were more focused and productive while at work, since
the employees were able to be with family members in times of need. Agencies
believe that under most circumstances the employee would be absent in any
event. Therefore, it is better for employee morale and agency planning
purposes to have advance notice of the employee's intent to take time off.
The following list summarizes the positive impact noted by agencies of
the Federal Employees Family Friendly Leave Act on employees, managers,
and agency mission accomplishment:
Employees
- An opportunity to build a reserve of annual leave to use for family
vacations instead of family care.
- Increased financial benefits by avoiding or reducing the use of leave
without pay and eliminating the need to hire outside help to care for a
family member.
- New alternatives for managing short-term care and making long-term
care arrangements.
- Sharing of family care responsibilities by spouses.
- More honesty in sick leave usage. (Employees no longer need to feign
their own illness when their presence is required to care for a family
member.)
- More control in the struggle to balance work and family responsibilities.
- Less stress and anxiety in times of emotional need and concern.
- Greater ability for single parents and parents of young children to
deal with routine and unexpected medical needs.
Managers
- Enhanced employee morale.
- More incentive for employees to save their sick leave.
- A new recruitment and retention tool.
- More productive employees.
- Improved communication between supervisors and employees.
Agency Mission Accomplishment
- Greater workplace productivity and efficiency.
- Acceptance by coworkers of increased workloads to assist employees
who are absent from work because of family illnesses or bereavement.
- Perception of Federal Government as a flexible and caring employer.
- A cooperative attitude between management and employees.
Most of the agencies that provided comments reported that the use of
sick leave for family care or bereavement purposes did not have a significant
negative impact on employees, managers, or agency mission accomplishment.
A few agencies listed concerns of various individual managers. However,
most agencies expressed the view that the positive impacts noted above
far outweigh any potential problems generated by employees' absences from
work. Most managers believe that, in most instances, an employee's family
situation would require the employee to be absent from work in any event.
The following list summarizes the concerns noted by agencies:
Employees
- Reduced sick leave balance available for employees' own illnesses.
Managers
- Increased administrative work due to the lack of fully automated timekeeping
procedures to track the use of sick leave for these purposes.
- More short-notice absences.
- Greater need for employees and managers to schedule "use or lose"
annual leave (to avoid forfeiture at the end of the leave year).
- Need to resolve disputes associated with defining the term "family
member."
- Pressure to approve the request for sick leave if conditions meet the
requirements of law.
Agency Mission Accomplishment
- More absences from work. Employees scheduled medical appointments for
family members during duty hours rather than off-duty hours, were less
likely to look at other family care alternatives, and were more likely
to take sick leave for "marginal circumstances" when they would
have otherwise sought other options.
- Scheduling and workload problems for small agencies, resulting in higher
overtime pay costs.
- Slower accomplishment of agency goals (especially when combined with
other leave flexibilities provided in recent years).
- Increased costs to the Government. (Employees covered by the Federal
Employees Retirement System (FERS) who might otherwise take unpaid leave
and forfeit unused sick leave at retirement are compensated for sick leave
used for family care or bereavement purposes.)
- Unlike the Civil Service Retirement System, the sick leave of employees
covered by FERS is not used in the computation of an employee's retirement
annuity. Some agencies are concerned that since unused sick leave will
be forfeited, FERS employees have little incentive to conserve their sick
leave. However, others believe there is an additional incentive to save
leave because employees must maintain at least 80 hours of sick leave in
their account in order to receive the full benefit of using 104 hours (13
workdays) of sick leave for family care or bereavement purposes.
D. Impact
on Other Federal Leave Policies and Programs
The Office of Personnel Management asked agencies whether the use of sick
leave for family care or bereavement purposes reduced employees' use of
annual leave, leave without pay, or donated annual leave under the Federal
voluntary leave transfer and/or leave bank programs.
The majority of agencies believe the use of sick leave for family care
or bereavement purposes has reduced the use of annual leave by employees.
However, many agencies believe that, in certain instances, sick leave had
been used for the care of a child prior to the enactment of this law. For
example, a parent who was up all night caring for a sick child may have
been too tired or ill the next day to go to work and would request sick
leave. In the past, this scenario created many conflicts between managers
and employees. One agency reported that the entitlement to use sick leave
for family care purposes reduced the number of disciplinary actions taken
by the agency based on leave abuse.
Data from the Office of Personnel Management's Annual Survey of Work Years
and Personnel Costs show that the average number of days of annual leave
used by Federal civilian employees in Executive branch agencies (including
the U.S. Postal Service) decreased slightly from 21.1 days in 1994 to 20.1
days in 1995 and to approximately 20.9 days in 1996.(3)
The majority of agencies believe the use of leave without pay has decreased
slightly. In fact, some agencies believe that when an employee is forced
to request leave without pay, it is because the family member has a long-term
or catastrophic condition and the employee has already exhausted his or
her annual leave and 13 days of sick leave for family care.
Overall, agencies believe there has been very little impact on the Federal
voluntary leave transfer and leave bank programs. However, as employees
became aware of their entitlements under the family friendly leave programs,
a few agencies found that more employees were participating in the leave
transfer and leave bank programs--both as donors and recipients. One agency
noted that employees were more generous in donating their annual leave,
presumably because they now can use their own sick leave for family care
purposes.
One agency reported that less donated annual leave is being used. This
may be attributed to the fact that before an employee is eligible to become
a leave recipient under the voluntary leave transfer and leave bank programs
or to use any donated annual leave, he or she must exhaust all available
paid leave, including any sick leave available to the employee for family
care or bereavement purposes, if appropriate. Prior to the enactment of
the Federal Employees Family Friendly Leave Act, employees were required
to exhaust only their annual leave if they were affected by a medical emergency
involving a family member. Since an employee must first use his or her
available sick leave for family care purposes before using donated annual
leave under the leave transfer and leave bank programs, employees are using
less donated annual leave.
OPM received a number of comments on its regulations in 5 CFR 630.1205,
which limits the amount of sick leave that may be substituted for leave
without pay under the Family and Medical Leave Act of 1993 (FMLA) when
caring for a spouse, son, daughter, or parent with a serious health condition.
OPM's regulations are consistent with 5 U.S.C. 6382(d), which states that
an employee may elect to substitute "accrued or accumulated annual
or sick leave" for unpaid leave under the FMLA "except that nothing
in this subchapter shall require an employing agency to provide paid sick
leave in any situation in which such employing agency would not normally
provide any such paid leave." In other words, sick leave may be granted
for any period during which the use of sick leave would otherwise be permitted
by law or regulation. Some commenters believe Congress intended to allow
Federal employees to substitute any or all of their sick leave for unpaid
leave under the FMLA when caring for a family member. However, the Federal
Employees Family Friendly Leave Act is the only law that permits the use
of sick leave to care for a family member, and it restricts the amount
of sick leave that may be used for such purposes to not more than 13 days
each year. As a result, an employee may substitute a total of up to 13
days of sick leave for leave without pay under the FMLA if he or she is
caring for a spouse, son, daughter, or parent with a serious health condition.
E. Agencies' Suggestions
The reporting agencies suggested one or more of the following changes to
improve the Federal Employees Family Friendly Leave Act:
1. Increase the amount of sick leave that may be used for family care
or bereavement purposes.
Of the 56 agencies that responded, 24 (almost half) suggested increasing
the maximum entitlement of 104 hours (13 workdays) on a case-by-case basis
for employees with extenuating circumstances, such as long-term catastrophic
or terminal illnesses. One agency suggested raising the maximum entitlement
for all employees based on years of creditable service. Another agency
suggested increasing the maximum entitlement to 240 hours (30 workdays),
while others suggested having no limitation on the amount of sick leave
that may be used for family care or bereavement purposes.
Agencies expressed concern that employees who were caring for family members
with catastrophic or terminal health conditions and who had large sick
leave balances were frustrated that they could not use their own accumulated
sick leave to care for their family member. The agencies had great difficulty
explaining the reasoning for this, especially since such employees were
eligible to use annual leave donated by other employees to take time off
from work to care for a family member. Other agencies were concerned that
employees stationed overseas with family members in the United States were
at a disadvantage, since most of the 13 days would be spent en route to
the United States.
Based on the information reported, we do not believe there is a compelling
reason to increase the maximum amount of sick leave that may be used for
family care or bereavement purposes. Only about 3 percent of employees
who used sick leave for family care or bereavement purposes (and less than
1 percent of all Federal employees) used the maximum entitlement of 13
days. We believe the current limit of 13 days is sufficient for most employees
to meet their family medical needs when viewed in the context of other
available family friendly leave options and entitlements and other flexibilities
available to employees for changing their work schedules. For example,
agencies reported that most of the employees who needed additional time
off to care for a family member with a catastrophic or life-threatening
illness or injury were currently receiving donated annual leave under the
Federal leave transfer and leave bank programs.
2. Reduce/eliminate the requirement to maintain 80 hours of sick leave
in an employee's account.
Fifteen agencies suggested eliminating the requirement to maintain an 80-hour
sick leave balance in order to use the additional 64 hours (8 workdays)
of sick leave per year. These agencies believe this would reduce the administrative
burden of tracking an employee's leave account and prevent discrimination
against those employees who do not have an 80-hour sick leave balance (e.g.,
newly hired employees, employees affected by illnesses or injuries, or
new mothers).
On the other hand, however, one agency suggested that employees be required
to maintain 40 hours of sick leave in their account before receiving any
entitlement to use sick leave under the Federal Employees Family Friendly
Leave Act. The agency believes this would encourage all employees to save
sick leave for personal use and avoid short-term leave without pay situations.
Another agency commented that the requirement to maintain a minimum sick
leave balance provides an incentive to employees under the Federal Employees
Retirement System to conserve their sick leave. On balance, we believe
the current requirement represents an appropriate means of providing an
incentive to conserve sick leave for an employee's own personal medical
needs.
3. Simplify leave administration.
One agency recommended simplifying leave administration by not having separate
leave categories. The agency suggested that each employee be provided a
set amount of leave that he or she may choose to use for whatever purpose
is desired. This would eliminate arguments over the definitions of "family
member" and "serious health condition," whether someone
was or is "really sick," and insufficient medical certificates.
Another agency recommended eliminating the requirement to track the use
of sick leave under the Federal Employees Family Friendly Leave Act, while
still another agency suggested changing the leave application form to facilitate
recordkeeping.
The Office of Personnel Management (OPM) has considered the possibility
of combining annual and sick leave in a single leave category in the past,
but has determined that such a change could not be made without other major
changes in the Federal leave system. OPM will continue to keep this suggestion
in mind as we continue to evaluate the use of sick leave for family care,
bereavement, and adoption purposes.
While it would be possible to eliminate some of the tracking requirements
in OPM regulations, the law still requires agencies to track the amount
of sick leave used by individual employees for these purposes to ensure
that each employee does not use more than his or her entitlement--i.e.,
5 or 13 workdays, as applicable. However, we believe there will not be
any further need for agencies to maintain records concerning the use of
sick leave for family care or bereavement purposes for the sole purpose
of reporting to OPM. Therefore, we plan to delete this requirement from
our regulations.
OPM has been working with an interagency task force to revise the form
currently used to apply for leave (SF-71) to reflect the new family friendly
leave policies. We expect to issue a new leave form in the very near future.
4. Change definition of "family member."
Three agencies commented on the definition of "family member."
One agency recommended limiting the definition of "family member"
to those individuals covered by the definitions of "spouse,"
"son or daughter," and "parent" under the Family and
Medical Leave Act of 1993. However, two agencies suggested that the definition
of "family member" be broadened to include "life mates,"
"domestic partners," and similar individuals. OPM does not believe
any changes are needed in the current definition of "family member"
for family care or bereavement purposes.
5. Miscellaneous Suggestions
- Allow the use of sick leave for other "family friendly" purposes--e.g.,
to attend parent-teacher conferences, special education eligibility meetings
and hearings, honor roll receptions, school field trips, or other school
activities or sports events.
- Require that employees provide a medical or death certificate, as appropriate.
Clarify the type of certification a supervisor may request.
- Require all employees to provide advance notice to the supervisor,
to the extent practicable, of their need to use sick leave for family care
purposes, so that supervisors can effectively manage work requirements.
- Publish a brochure or pamphlet to explain the Federal Government's
family friendly leave policies.
- Allow employees to carry over any of the unused 13 workdays of sick
leave to the next leave year.
On April 11, 1997, the President
issued a memorandum on "Expanded Family and Medical Leave Policies,"
which asks Federal agencies to assist employees further in meeting
their work and family needs. The President asked agencies to use currently
available administrative authorities to ensure that employees may schedule
and be granted up to 24 hours of leave without pay each year to (1) participate
in school activities directly related to the educational advancement of
a child; (2) accompany their children to routine medical or dental appointments,
such as annual check ups and vaccinations; and (3) accompany their elderly
relatives to routine medical or dental appointments or other professional
services related to the care of the elderly relative, such as making arrangements
for housing, meals, telephones, banking services, and other similar activities.
In addition, the President requested that agencies support employees' requests
to schedule paid time off--such as annual leave, sick leave, compensatory
time off, and credit hours under flexible work schedules--for these family
activities when these options are available to an employee.
OPM's regulations in 5 CFR 630.403 currently provide agencies authority
to require medical certification or other evidence that is administratively
acceptable to the agency to verify an employee's request for sick leave
for family care or bereavement purposes. In addition, 5 CFR 630.402 permits
agencies to require advance notification of leave for the purposes of receiving
medical, dental, or optical examination or treatment and, to the extent
possible, for other sick leave purposes authorized under the Federal Employees
Family Friendly Leave Act.
In response to numerous agency requests for information on the Federal
Government's family friendly leave policies and programs, OPM has published
a number of documents: an employee brochure on "Family-Friendly Leave
Policies for Federal Employees;" three fact sheets on "Family-Friendly
Leave Policies," "Sick Leave to Care For a Family Member,"
and "Federal Employee Entitlements under the Family and Medical Leave
Act of 1993;" and "The Work and Family Kit." These publications
are available on OPM's electronic Bulletin Board System. In addition, the
employee brochure, "Family-Friendly Leave Policies for Federal Employees,"
is available for purchase from the Government Printing Office (LEAVE-95-1).
In the near future, these publications will be available on OPM's World
Wide Web site at www.opm.gov.
Leave is not accrued under the Federal Employees Family Friendly Leave
Act. The Act permits employees to use their currently accrued and accumulated
sick leave for family care or bereavement purposes. There is no statutory
basis for permitting employees to carry over any of the remaining 13 workdays
of sick leave that are unused to the following leave year. In addition,
we believe the annual limit of 13 workdays of sick leave to care for an
ill or injured family member or for bereavement purposes is an ample amount
of time for most employees to meet family medical needs when viewed in
the context of other available options and entitlements. In addition to
the 13 workdays of sick leave available for family care or bereavement
purposes, employees may also use annual leave, donated annual leave under
the Federal leave sharing program, flexible work schedules, flexiplace,
unpaid leave under the Family and Medical Leave Act of 1993, and compensatory
time off.
V. Summary and Recommendation
Federal agencies overwhelmingly support the Federal Employees Family Friendly
Leave Act and believe it should be made permanent. The agencies found that
the entitlements provided by the Act had a very positive impact on employees,
managers, and the ability of the agency to accomplish its mission. Agencies
also believe the Act shows that the Federal Government recognizes the importance
of family responsibilities and is willing to help employees who are faced
with family medical situations.
Based on our review of the program established by the Federal Employees
Family Friendly Leave Act and the overwhelming support expressed by agencies,
the Office of Personnel Management recommends that this program be made
permanent.
APPENDIX 1
LIST OF AGENCIES
DEPARTMENTS:
Agriculture
Commerce
Defense
Education
Energy
Health and Human Services
Housing and Urban Development
Interior
Justice
Labor
State
Transportation
Treasury
Veterans Affairs
|
AGENCIES:
Administrative Office of the United States Courts
American Battle Monuments Commission
Commission on Civil Rights
Commodity Futures Trading Commission
Defense Nuclear Facilities Safety Board
Executive Office of the President
Export-Import Bank of the United States
Farm Credit Administration
Farm Credit System Insurance Corporation
Federal Communications Commission
Federal Deposit Insurance Corporation
Federal Labor Relations Authority
Federal Maritime Commission
General Accounting Office
General Services Administration
Government Printing Office
Holocaust Museum
Inter-American Foundation
Library of Congress
National Aeronautics and Space Administration
National Archives and Records Administration National Credit Union Administration
National Endowment for the Arts
National Endowment for the Humanities
National Labor Relations Board
National Science Foundation
Nuclear Regulatory Commission
Office of Government Ethics
Office of Personnel Management
Office of Special Counsel
Overseas Private Investment Corporation
Panama Canal Commission |
APPENDIX 2
USE OF SICK LEAVE FOR FAMILY CARE AND BEREAVEMENT PURPOSES
1995
|
MALES |
FEMALES |
TOTAL |
Total number of employees who
used sick leave for family care and bereavement purposes |
108,829 |
120,512 |
228,537 |
Perecentage of elegible employees
who used sick leave for family care or bereavement purposes |
9.51% |
12.43% |
10.81% |
Average number of hours sick leave used for family care or bereavement
purposes (among those who used sick leave for those purposes) |
26.35 |
20.46 |
23.34 |
Number of employees who used the maximum 13-day entitlement for family
care or bereavement |
3,523 |
3,288 |
6,810 |
Percentage of employees using sick leave for family care or bereavement
purposes who used maximum 13-day entitlement |
3.25% |
2.73% |
2.97% |
1996
|
MALES |
FEMALES |
TOTAL |
Total number of employees who
used sick leave for family care and bereavement purposes |
153,728 |
181,155 |
335,201 |
Perecentage of elegible employees
who used sick leave for family care or bereavement purposes |
13.30% |
21.08% |
17.04% |
Average number of hours sick leave used for family care or bereavement
purposes (among those who used sick leave for those purposes) |
30.01 |
28.08 |
28.94 |
Number of employees who used the maximum 13-day entitlement for family
care or bereavement |
5,067 |
5,153 |
10,221 |
Percentage of employees using sick leave for family care or bereavement
purposes who used maximum 13-day entitlement |
3.30% |
2.84% |
3.05% |
See Appendix 1 for a list of the reporting
agencies.
FOOTNOTES
1. The average number of days of sick leave used
in 1996 is a preliminary figure estimated from data provided by Executive
branch agencies as part of the Annual Survey of Work Years and Personnel
Costs for fiscal year 1996. This figure is subject to change as additional
information is provided to OPM by the agencies.
2. See footnote 1.
3. The average number of day of annual leave used
in 1996 is a preliminary figure estimated from data provided by Executive
branch agencies as part of the Annual Survey of Work Years and Personnel
Costs for fiscal year 1996. This figure is subject to change as additional
information is provided to OPM by the agencies.
Page created 27 June 1997