B-197994.OM, L/M, MAR 26, 1980

B-197994.OM: Mar 26, 1980

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THE PROPOSED RULE WAS THAT THE MAXIMUM AMOUNT OF ANNUAL OR SICK LEAVE THAT AN EMPLOYEE COULD CHARGE ON ANY GIVEN DAY IS 8 HOURS. WHO IS SICK. THE NEW RULE READS AS FOLLOWS IN SUBCHAPTER S2-4A(2): "*** THE MAXIMUM AMOUNT OF SICK OR ANNUAL LEAVE WHICH AN EMPLOYEE COVERED BY A FLEXIBLE SCHEDULE MAY APPLY TO HIS OR HER BASIC WORK REQUIREMENT FOR ANY GIVEN DAY IS THE NUMBER OF HOURS THE EMPLOYEE IS SCHEDULED TO WORK THAT DAY ***.". AN EMPLOYEE WHO IS SCHEDULED TO WORK A 10-HOUR DAY BUT WHO IS SICK. WE UNDERSTAND THAT YOU WILL PUBLICIZE THIS CHANGE IN THE GAO MANAGEMENT NEWS.

B-197994.OM, L/M, MAR 26, 1980

SUBJECT: INTERPRETATION OF MAXIFLEX PROVISIONS GOVERNING ANNUAL AND SICK LEAVE USAGE - B-197994-O.M.

DIRECTOR OF PERSONNEL:

BY YOUR MEMORANDUM OF MARCH 3, 1980, YOU ASKED WHETHER EMPLOYEES UNDER GAO'S MAXIFLEX EXPERIMENT SHOULD BE CHARGED LEAVE IN ACCORDANCE WITH THEIR APPROVED WORK SCHEDULES OR WHETHER THEIR LEAVE CHARGE SHOULD BE LIMITED AS SUGGESTED BY A PROPOSED RULE IN A DRAFT FEDERAL PERSONNEL MANUAL (FPM) LETTER 620, DATED JULY 23, 1979. THE PROPOSED RULE WAS THAT THE MAXIMUM AMOUNT OF ANNUAL OR SICK LEAVE THAT AN EMPLOYEE COULD CHARGE ON ANY GIVEN DAY IS 8 HOURS. THUS, AN EMPLOYEE SCHEDULED TO WORK A 10-HOUR DAY, BUT WHO IS SICK, WOULD BE LIMITED TO AN 8-HOUR SICK LEAVE CHARGE.

THE OFFICE OF PERSONNEL MANAGEMENT HAS CHANGED ITS PROPOSAL AND BY LETTER OF FEBRUARY 28, 1980, HAS ISSUED AN ADVANCE COPY OF BOOK 620 ("ALTERNATIVE WORK SCHEDULES") TO FPM SUPPLEMENT 990-2. THE NEW RULE READS AS FOLLOWS IN SUBCHAPTER S2-4A(2):

"*** THE MAXIMUM AMOUNT OF SICK OR ANNUAL LEAVE WHICH AN EMPLOYEE COVERED BY A FLEXIBLE SCHEDULE MAY APPLY TO HIS OR HER BASIC WORK REQUIREMENT FOR ANY GIVEN DAY IS THE NUMBER OF HOURS THE EMPLOYEE IS SCHEDULED TO WORK THAT DAY ***."

ACCORDINGLY, EMPLOYEES SHOULD BE CHARGED LEAVE IN ACCORDANCE WITH THEIR APPROVED WORK SCHEDULES. FOR EXAMPLE, AN EMPLOYEE WHO IS SCHEDULED TO WORK A 10-HOUR DAY BUT WHO IS SICK, MAY BE CHARGED 10 HOURS OF SICK LEAVE FOR THAT DAY. THE SAME RESULT HOLDS TRUE FOR ANNUAL LEAVE.

WE UNDERSTAND THAT YOU WILL PUBLICIZE THIS CHANGE IN THE GAO MANAGEMENT NEWS.