A presidential memo on advanced leave, mainly for purposes related to birth, adoption or foster care placement of a child, in sum eliminates agency discretion to deny employees’ requests for sick leave and annual leave under those circumstances.
Under existing policy, when considering a request for advance leave of either kind, OPM guidance states that “it is recommended that the approving authority consider such matters as the expectation of return to duty, the need for the employee’s services, and the benefits to the agency of retaining the employee.” It specifically states that granting advanced leave is discouraged when “it is known (or reasonably expected) that the employee will not return to duty, e.g., when the employee has applied for disability retirement.”
However, under the memo, “Agencies shall ensure that, to the extent permitted by law, their policies offer 240 hours of advanced sick leave, at the request of an employee and in appropriate circumstances, in connection with the birth or adoption of a child or for other sick leave eligible uses.”
Among those purposes, according to OPM’s guidance, are: an employee who is incapacitated for the performance of his or her duties by physical or mental illness, injury, pregnancy, or childbirth; for purposes relating to the adoption of a child; when the employee or a family member suffers from a serious health condition; when the employee’s presence would jeopardize the health of others because of exposure to a communicable disease, as determined by the health authorities; or to care for a covered service member with a serious injury or illness when the employee is using unpaid Family and Medical Leave Act leave to care for a covered service member.
Advanced annual leave of up to the amount the employee would earn in that leave year “may be granted at any time during the year as the head of the agency concerned may prescribe,” according to the law. OPM guidance has been that that can include, although is not limited to, foster care placement or bonding with a healthy newborn or newly adopted child. The memo similarly says that agencies are to “offer the maximum amount of advanced annual leave permitted by law” for those purposes.
