Labor and Employee Relations

2004 Barnett Ave, Quantico VA 22134  
GROUP BOX: smb_hqmc_ler_quan@usmc.mil

Pentagon Team
3000 Marine Corps
Pentagon Room 2C253
Washington, DC 20350 - 3000
Email: smb_hqmc_ler_ptgz@usmc.mil

Program	Method of Contact
Performance Management	smb_hqmc_ler_ptgz@usmc.mil smb_hqmc_ler_quan@usmc.mil smb_hqmc_ler_hrt@usmc.mil
Civilian Awards	smb_hqmc_civilian_awards@usmc.mil
DCPDS actions (Retirement/Separation)	Groupbox titled: NV_A_K4_ARDMC_LER
Voluntary Leave Transfer Program (VLTP) Family Medical Leave Act (FMLA) / Paid Parental Leave (PPL)	smb_hqmc_leave_administration@usmc.mil  For MCSC employees submit to smb_hqmc_ler_hrt@usmc.mil
Leave Administration (Entitlements) Military Leave / Military Buy Back Disabled Veteran's Leave	smb_hqmc_leave_administration@usmc.mil
Benefits / Retirement	Department of Navy Civilian Benefits Center 1-888-320-2917 navybenefits@us.navy.mil
Injury Compensation Program Administrator (ICPA) Office of Workers' Compensation    Program (OWCP)	Ashley Wilson, ashley.wilson.civ@usmc.mil (Primary POC)
Unemployment Compensation Claims	Ashley Wilson, ashley.wilson.civ@usmc.mil (Primary POC)
Harassment Prevention and Response Program	Stacye Johnson (Primary POC) stacye.d.johnson.civ@usmc.mil    Marcy Martinez (Secondary POC) marcy.martinez@usmc.mil
Telework Coordinator (AR Division)	Gladys Noguera, gladys.noguera@usmc.mil
Drug-Free Workplace and Technical Programs Coordinator	Sam Butler, samuel.j.butler@usmc.mil

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The primary role of Employee Relations is to advise managers concerning constructive approaches that they can use to deal effectively with workplace issues. A significant portion of this work involves strategies to correct employee conduct and performance deficiencies. However, Employee Relations also provides guidance to employees who are trying to resolve workplace concerns. This guidance may include an explanation of the administrative grievance process, appeal rights in the event of an adverse personnel action, or simply an explanation of policies and rules.

Employee Relations is a complex area involving the intersection of a wide variety of laws, regulations, and policies. In the field of Employee Relations, the best advice is to consult early and consult often.

The LER staff is assigned to specific organizations and/or programs. Please call the office nearest you and ask to be referred to the staff member who handles your particular issue.

The LER Staff team is available to conduct training sessions on a variety of topics, including attendance and leave, injury compensation, labor relations, and performance management.

Alternative work schedules (AWS) are work schedules that allow employees to work other than traditional 8-hour days. Use of an AWS program promotes a family friendly workplace by allowing employees to better balance work and family needs. Use of an AWS can also help employees avoid peak rush hour traffic. Organizations benefit by having more employees who are able to maximize their productive time and minimize the effects of outside responsibilities. In some cases, alternative work schedules can enable an organization to better serve customers with longer office hours or who may be in other time zones or have non-traditional schedules themselves.

There are two types of AWS:

• Flexible Work Schedules

• Compressed Work Schedules

Consult with your organization to find out the types of work schedules authorized for use and review labor agreements for provisions that may apply to the AWS program.

Flexible Work Schedules

A flexible schedule splits the workday into two types of time: core time and flexible time bands.

• Core time is that time during the workday which all employees must be present for work. The typical core time is from 0900 to 1500 each day.

• Flexible time bands cover the periods of time during the workday which employees may choose arrival and departure times. The typical flexible hours are from 0600 to 0900 for arrival and from 1500 to 1800 for departure.

Commanders and activity heads are authorized to designate different core hours and flexible time bands to meet mission and office coverage requirements.

Flexible work schedules include schedules that are fixed schedules (i.e., schedules in which the employee pre-selects starting and stopping times each day and adheres to those times) and schedules that permit employees to arrive and depart within the flexible time bands established.
 
In some flexible schedules, there may be a requirement to work 8 hours each day. Other flexible schedules don’t have a daily 8 hour work requirement but have, instead, a weekly work requirement of 40 hours or a bi-weekly requirement of 80 hours. In all cases, however, schedules must cover the established core hours.

The ability to earn “credit hours” is a great feature of many flexible work schedules that allows employees to voluntarily work additional hours that can then be used to take time off in a subsequent pay period. Learn more about credit hours in the FAQs included in the “More Information” section.

Compressed Work Schedules

A Compressed Work Schedule (CWS) allows an employee to increase the number of hours worked each day so the employee can have one regular day off scheduled each week or each pay period. Compressed work schedules are fixed schedules. Managers may not authorize the use of flexible work schedules in conjunction with CWS. The employee must work the required number of daily hours to correspond with the CWS established for that employee.

The following two forms of CWS are the most common:

Four-day Workweek: Under this schedule, the employee works 10 hours a day, 4 days a week, for a total of 40 hours weekly and 80 hours bi-weekly. The employee has one regular day off (RDO) each week.

5 – 4/9: Under this schedule, the employee works eight 9-hour days, one 8-hour day and has one RDO during each biweekly pay period, for a total of 80 hours each pay period.  

The earning of credit hours is not permitted under a compressed work schedule.

Leave Under an Alternate Work Schedule

Employees on an AWS will be charged leave equal to the number of hours the employee was scheduled to work. For example, an employee on a CWS who is absent on a 9-hour workday will be charged 9 hours of leave.

Holidays Under an Alternate Work Schedule

Holidays get a little tricky under an AWS.

For employees on a compressed schedule, the employee will be credited for the number of hours the employee was scheduled to work on a holiday. For example, if the holiday falls on an employee’s 8 hour day, the employee will be credited with 8 hours for the holiday; if it falls on a 9 hour day, the employee will be credited with 9 hours for the holiday. When a holiday falls on a regular day off under a CWS, the employee will receive an “in lieu of” holiday.

For an employee on a flexible work schedule, the employee will be credited with 8 hours for the holiday, regardless of the number of hours the employee was scheduled to work.

Awards are an effective tool that managers can use to recognize and reward employees who have significantly advanced the organization’s mission and goals. Civilian employees can be recognized in many ways for a job well done to include kind words from a supervisor to incentive and honorary awards. 

The Marine Corps has a variety of award options available to managers to include but not limited to monetary awards, time-off awards, non-monetary incentive awards, and various honorary awards such as the Meritorious Civilian Service Award, Superior Civilian Service Award, and the Distinguished Civilian Service Award.

Resources

Department of the Navy Civilian Human Resources Manual 451.1

MCO 12451.2C: Honorary Awards for Civilian Employees

MCO 12451.3B: Incentive Awards Program for HQMC Civilians

Special Act and On the Spot Cash Award

Time Off Award

Informal HQMC Incentive Award

About

The Civilian Employee Assistance Program (CEAP) is a confidential counseling/referral service that is provided to civilian employees or their family members that is provided at no charge. If an employee or family member should be referred to a counselor or service outside of CEAP, the employee/family member will incur the cost of those outside services.

CEAP deals with personal problems that can adversely affect relationships, home life, and job performance to include: problems related to stress, marriage or family issues, eldercare, grief and loss, behavioral, emotional, drug and alcohol use, financial, or other concern.

Contact

All Marine Corps employees, regardless of location, can contact FOH CEAP at:
Phone: 844-DONCEAP (844-366-2327)
24 hours a day, 7 days a week

What types of services does CEAP provide?

• Diagnostic and short-term counseling

• Referral to Area Resources for Treatment and Assistance

• One-on-One Problem Assessment

• Comprehensive Resource Inventory

• Client Follow-up and Aftercare

• Supervisory Consultation

• Crisis Intervention

• Training and Education

How does the service work?

• Employees are authorized six (6) visits/contacts to CEAP per issue

• Employees should be offered/referred to CEAP in a duty status

• Employee are authorized up to six (6) visits if not otherwise referred to outside sources for assistance; if referred to outside sources, the employee will need to request via their supervisory chain to be in an authorized absence (i.e. leave [sick, annual, advanced, LWOP, VLTP] comp time, travel comp time, or credit hours.)

Who provides CEAP?

Federal Occupational Health provides this service.

Federal Occupational Health's organization, operations and programs are designed to provide the best occupational health services possible to Federal managers and their employees. Staffed with highly qualified medical, behavioral health and environmental health experts, FOH works in partnership with managers and workers alike to design and deliver comprehensive solutions to meet their occupational health needs. FOH's customized programs help build a healthier and more productive Federal workforce and safer workplaces for employees.

Who is considered a Family Member?

Any legal dependent, regardless of home address, or significant other living in the employee’s household.

“Safe Harbor” Provision and CEAP

• The Safe Harbor provision protects an employee who voluntarily seeks treatment for illegal drug use. These employees meet the “Safe Harbor” conditions and will not be subject to discipline or removal for the admitted acts of illegal drug use.

• “Safe Harbor” will not be granted to drug dealers or those who are involved in drug-related misconduct.

• Any employee found to be using illegal drugs will be referred to CEAP.

• Disciplinary action will be initiated against any employee for the first instance of illegal drug use unless the employee utilized the “Safe Harbor” provision.

References

Department of Navy the Navy Civilian Employee Assistance Program (CEAP) 

Federal Occupational Health Website

Information

DONCEAP Fact Sheet

About

From time to time, employees may have complaints about their working conditions or with personnel decisions that are made. When this happens, employees, and their union representatives if applicable, may have the right to file a grievance and, in some cases, an appeal to seek redress of the complaint. Grievance and appeal procedures give employees the opportunity to get an objective review of individual or group complaints about working conditions or about employment decisions affecting them.

Managers and supervisors must maintain a work environment in which employees and authorized employee representatives are free to participate in the appeal and grievance systems made available to them without restraint, interference, coercion, discrimination, or reprisal.

The grievant and his or her representative shall have full access to relevant information and will be permitted a reasonable amount of official time, if otherwise in a duty status, to prepare and present a grievance and to communicate with management and personnel officials.

All benefits (e.g., cost of medical care, wage loss compensation) paid to employees who are injured at work or suffer an occupational disease or injury are paid by the Department of Labor but are charged back to the agency.

Contact

Injury Compensation Program Administrator
Email: smb_hqmc_owcp@usmc.mil

The Administrative Grievance System (AGS)

The AGS is the grievance system used by employees who are not covered by a labor agreement with a union. Employees who are covered by a labor agreement must use the negotiated grievance procedure. More information on the negotiated grievance process is provided in the section below. An employee may file an administrative grievance on his/her own behalf and may be accompanied and advised by a representative of his/her own choosing. A formal administrative grievance must be filed within 15 days of the event giving rise to the grievance. Not every complaint by an employee is covered by the AGS. For example, an employee who disagrees with the classification of his position may not grieve this under the AGS. Instead, the employee must use the classification appeals procedure. More information on what is excluded from the AGS is contained in the references provided. The use of alternative dispute resolution (ADR) approaches such as mediation, settlement conferences, peer review panels, or other ADR techniques is strongly encouraged. If you have filed a grievance and would like to try to resolve it through ADR, please inform your supervisor or the EEO Office.

The Negotiated Grievance Procedure

A grievance is any complaint:

(1) by any employee concerning any matter relating to the employment of the employee;

(2) by any labor organization concerning any matter relating to the employment of any employee; or

(3) by any employee, labor organization, or agency concerning:

• the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or

• any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment.

As with the AGS, not every employment matter is covered by the negotiated grievance procedure. Consult the applicable labor agreement to determine what is covered and the timeframes for filing a grievance. Also, ADR is encouraged as a means to resolve grievances.

Under the negotiated grievance procedures, unions have the right to present and process employee or union grievances. Employees are allowed to present their own grievances, i.e., to represent themselves in the procedure, if they so desire. However, where this happens, the union has the right to be present during the process. Any negotiated grievance not satisfactorily resolved by the grievance process is subject to binding arbitration. Only the union or management may invoke arbitration.

Merit Systems Protection Board (MSPB) Appeals

The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch of the Federal Government that serves as the guardian of Federal merit systems. The Board is composed of three members who are appointed by the President and confirmed by the Senate. They serve overlapping, non-renewable 7-year terms. The Board is bipartisan. No more than two of its three members may be from the same political party.

Below are some of the personnel actions the MSPB has jurisdiction to decide if the matter is appealed:

• Removals of employees due to unacceptable performance or conduct

• Suspensions from duty of more than 14 days

• Reductions in grade of non-probationary employees

• Denials of within grade increases

Initial MSPB decisions are made by an Administrative Law Judge. Both the employee and the agency may appeal the initial decision to the full three-member board.

Alternative Dispute Resolution (ADR)

If you are seeking to resolve a dispute, you may wish to seek the services of our Alternative Dispute Resolution (ADR) Program. Headquarters Marine Corps ADR Program is administered by the Equal Employment Opportunity (EEO) Office. You should contact EEO by email at SMBHQMCARHEEO@usmc.mil.  Additional information can be found at https://www.ar.marines.mil/EEO/#tab/about or https://www.adr.navy.mil.

EEO, Harassment, Discrimination Complaints

If you feel you have been the victim of discrimination on the basis of race, color, religion, age, sex, national origin, disability, medical condition, veteran status, marital status, sexual orientation, based on myths or assumptions about your genetic information, prior EEO activity, subjected to discrimination or harassment, or any other job related factor, you may raise your concerns with the Equal Employment Opportunity (EEO) Office.  Complaints are initiated by contacting an EEO Officer and must be submitted within 45 days of when you knew or should have known of the alleged discrimination. You can reach the Headquarters Marine Corps EEO Office contact Ms. Donna Cunningham at (571) 256-8304 or by email at donna.cunningham@usmc.mil and Cc: SMBHQMCARHEEO@usmc.mil.

Office of Special Counsel (OSC)

Current and former federal employees and applicants can confidentially report information evidencing a violation of any law, rule, or regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety to the U.S. Office of Special Counsel (OSC). 

In addition, if you believe any actions have been taken against you as a result of reprisal for making a protected whistleblowing disclosure or for engaging in any of the protected activities outlined in 5 U.S.C. § 2302 (b) (9), you may have the option to file a complaint with the U.S. Office of Special Counsel (OSC).  “Whistleblowing” is the disclosure of information that an individual reasonably believes shows a violation of law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health or safety.  Note that personnel assigned to agencies whose primary function is intelligence, counterintelligence or national security work, as designated by the President, have limited ability to file an OSC complaint.  However, recent passage of the Whistleblower Protection Enhancement Act may impact your ability to file a complaint.  Individuals who believe they may have a whistleblower complaint should seek guidance from OSC.  However, individuals should be mindful that filing an MSPB appeal or EEO complaint each has very strict time filing requirements that will not be set aside while an employee considers OSC options. There is no specific time limit for filing a complaint with the OSC. You can file an OSC complaint at www.osc.gov  or call (202) 804-7000 or email info@osc.gov.

Office of Inspector General (IG)

If you believe that your coworkers or managers are engaged in waste, mismanagement, fraud, or abuse of government resources; you may contact the Inspector General of the Marine Corps (IGMC). If you do not wish to disclose your identity, you may remain anonymous when contacting the IGMC. You can reach the IGMC Hotline at 1(866) 243-3887 or email ORGMB.IGMC.HOTLINE@USMC.MIL. Additional information about the IGMC Hotline can be obtained at www.hqmc.marines.mil/igmc.

Occupational Safety & Health Complaints

Employees have a right to file a safety and health complaint or a whistleblower complaint and request an OSHA inspection of your workplace if you believe there is a serious hazard or if you think your employer is not following OSHA standards. You can file a OSHA complaint at https://www.osha.gov/workers/file-complaint or call 1 (800) 321-6742 or visit www.osha.gov.

Administrative Grievance Procedure

References:

• SECNAV INST 12771.2

• MCO 12771.3

Step 1:  Informal Grievance Process

An informal grievance may be informally presented to your immediate supervisor regarding a work-related problem before filing a formal grievance. If the problem involves a matter or action directly involving that supervisor, and the employee has been unable to resolve the matter with that supervisor, the employee may present the matter to the next level supervisor, if any, within the activity or command. The problem must be presented within 15 days following the date of the act or event that the employee believes created the problem, or the date the employee became aware of (or reasonably should have become aware of) the act or event. The employee may present a matter of concern regarding a continuing practice or condition at any time.

A supervisor must consider the employee's problem and attempt to resolve it within 15 days, and no later than 30 days from the date the problem is first brought to the supervisor's attention, even though it may not be covered by the grievance process. Where appropriate, the use of a neutral party (e.g., conciliator, facilitator, or mediator) is encouraged. If the employee presents the problem orally, the supervisor's determination may be oral or written. If the problem is presented in writing, the determination must be in writing. If the problem is not resolved, the supervisor shall inform the employee of the time limits for filing a formal grievance. If the supervisor believes the matter is not covered by the grievance process, the supervisor shall so inform the employee and advise the employee of the appropriate process, if any, for resolving the problem. The above time limit for resolving the problem may be extended by mutual agreement to accommodate resolution of the Dispute

In presenting an informal grievance, the request should:

(1)  identify the matter of concern;

(2)  identify the corrective action sought; and

(3)  clearly state that the informal grievance process is being invoked.

Step 2: Formal Grievance Process

An employee may file a formal, written grievance with the deciding official when a problem is not resolved during the problem-solving process or where the employee chooses to bypass that process and invoke the grievance process. If the employee used an ADR process, the employee must file a grievance no later than 15 days after the process concluded or a decision

was rendered on the informal grievance. Where the employee does not use the problem-solving process, but raises the matter initially as a grievance, the employee must present the grievance within 15 days following the date of the act or event that the employee believes created the problem, or within 15 days following the date the employee became aware of (or reasonably should have become aware of) the act or event. The employee may present a grievance regarding a continuing practice or condition at any time.

In presenting a formal grievance, the request should:

(1)  Be signed, dated;

(2)  Identify the matter of concern and contain a sufficiently detailed statement of the specific issue(s);

(3)  State the personal remedy sought; 

(4)  A statement that the employee has not filed an appeal or complaint (such as an inspector general or Equal Employment Opportunity complaint) on the same issue;

(5)  Copies of any documents in the employee's possession related to the grievance; and

(6)  The name, address, and telephone number of the employee's representative, if any.

The remedy must be personal to the employee and may not include a request for disciplinary or other action affecting another employee. An employee may not grieve the same matter raised in any other grievance, appeal, complaint, or other dispute resolution process.

Please Note: The Office of Labor and Employee Relations (LER) Staff remains neutral for issues like this (Department's practice).  Our Staff oversees the implementation of remedial action as necessary to resolve grievances. The deciding official issues the decision on the grievance.  If an employee has any procedural questions, they should contact the LER Staff.  LER does not get directly involved and are there to answer procedural questions.

Resources

DOD ADMINISTRATIVE GRIEVANCE SYSTEM - DOD 1400.25-M 

ADMINISTRATIVE GRIEVANCE SYSTEM - MARINE CORPS ORDER (MCO) 12771.3         

Merit Systems Protection Board

About

The Federal Employees' Compensation Act (FECA) provides compensation benefits to Federal civilian employees for work-related injuries or illnesses and to their surviving dependents if a work-related injury or illness results in the employee's death. It is the exclusive remedy for Federal employees for work-related injuries or death. The program is administered by the Department of Labor (DOL), Office of Workers’ Compensation Programs (OWCP), which makes all decisions on entitlements under the program.

Locally, the Injury Compensation Program Administrator (ICPA) in the HROM acts as the liaison between supervisors, employees, and the OWCP. 

QUALIFIYING FOR BENEFITS

To qualify for benefits, the employee (or family member in the case of the employee’s death) must establish, by medical evidence, that the traumatic injury, occupational disease or illness, or employee's death was causally related to his/her employment or that a pre-existing injury or illness was accelerated or aggravated as a result of employment.

BENEFITS AVAILABLE

Employees are eligible for six (6) basic types of benefits:

• Medical benefits (including transportation expenses)

• Continuation of Pay (COP)

• Wage loss compensation

• Scheduled awards

• Vocational rehabilitation

• Survivor benefits if employee dies as a result of employment

COMPENSATION RATES

Generally, in cases of total disability, an employee is entitled to compensation equivalent to two-thirds of the weekly salary if there are no dependents, or three-fourths of the salary if there are one or more dependents. Compensation is tax free. In establishing a person's wage rate, the law recognizes certain additional amounts that may be included in salary, such as premium pay, night and Sunday differential, holiday pay, hazard pay, dirty work pay, quarters allowances and post differential for overseas employees. Overtime pay is not included except for administratively uncontrollable work.

LIGHT DUTY

All reasonable efforts will be made to provide injured employees with light or alternative duty that is within the bounds of the employee’s medical restrictions as soon as the employee is medically able to work. Both supervisors and employees are expected to cooperate with light duty placement efforts.

Resources

WHAT TO DO WHEN INJURED AT WORK: (DEPARTMENT OF LABOR (DOL) DIVISION OF FEDERAL EMPLOYEES' COMPENSATION (DFEC) INFORMATION FOR INJURED WORKERS)     

DOL PUBLICATION CA 550: FREQUENTLY ASKED QUESTIONS AND ANSWERS     

SUPERVISOR'S GUIDE: WHAT TO DO WHEN AN EMPLOYEE IS INJURED AT WORK

DOL ADDRESS AND INFORMATION ON BILLING 2018

CA-2a: Notice of Recurrence
Use for a recurrence of either a traumatic or occupational illness or disease     

CA-17: Duty Status Report
Completed by the supervisor and physician to obtain the employee’s status for duty     

CA-20: Attending Physician's Report
This is completed by the physician      

CA-35: Evidence Required in Support of a Claim for Occupational Disease
This contains various checklists of evidence needed to support an occupational illness or disease claim      

OWCP-915: Claim For Medical Reimbursement
Use to claim reimbursement for out of pocket medical expenses      

OWCP-957: Medical Travel Refund Request
Use to claim reimbursement for travel expenses      

OWCP-1500: Health Insurance Claim Form
Medical providers use this form to claim reimbursement for covered services      
Electronic Data Interchange (EDI):     
 
CA-810: Injury Compensation for Federal Employees     

DoD Manual 1400.25-V810: Injury Compensation     

Marine Corps Order (MCO) 12810.1: The Federal Employees’ Compensation Act (FECA) Program     

FECA Law

FECA Regulations

About

The Federal Government provides a wide range of benefits to civilian employees to help them meet their personal and family needs. Information about civilian leave entitlements is provided so that you can easily see what is available to help you balance your work and personal life — whether you plan to take time off for a vacation, go to the doctor's office, or help take care of a family member with a serious medical condition.

Annual Leave

Annual leave is time off with pay that may be used for vacations, rest and relaxation, and personal business or emergencies.

May a supervisor deny a request for annual leave?

Yes. Although employees have a right to take annual leave, if your services are needed at work, your request for annual leave may be denied and will have to be rescheduled.

How much annual leave may I carry over from one leave year to the next?

Employees stationed within the United States can carry over a maximum 240 hours of annual leave into the new leave year. Any accrued annual leave in excess of the maximum allowed by law will be forfeited.

Can my supervisor advance annual leave to me?

Yes, supervisors may grant an advance of annual leave consistent with agency policy. The amount of annual leave that may be advanced is limited to the amount of annual leave an employee would accrue in the remainder of the leave year. When an employee who is indebted for advance annual leave separates from Federal service, he or she is required to refund the amount of advance leave for which he or she is indebted.

What happens if I still have annual leave on the books when I resign or retire?

You will receive a lump sum payment for the value of your annual leave.

Annual Leave Resources

5 CFR 630: Absence and Leave

DOD INSTRUCTION 1400.25, VOL 630: Credit for Prior Non-federal Work Experience and Certain Military Service for Determining Leave Accrual Rate

HQMC Leave Handbook (Revised)     

OPM Fact Sheet on Annual Leave 

OPM Fact Sheet: Lump-Sum Payments for Annual Leave   

Sick Leave

The federal government offers a generous sick leave program that allows employees to take time off from duty with pay to deal with their personal medical needs and the medical needs of family members.

What may sick leave be used for?

Sick leave may be used for:

• Personal medical needs

• General family care and bereavement purposes

• Care of a family member with a serious health condition

What documentation is required to support use of sick leave?

Normally, an employee’s self certification is acceptable to support use of sick leave. However, for absences of more than 3 days, or for a lesser period if determined by the agency, medical documentation may be required.

May a request for sick leave be denied?

If the sick leave is for a non-emergency reason (such as a routine eye exam) and if the employee’s services are required at work, the sick leave may be disapproved and the employee will have to reschedule the routine medical appointment.

Is there a limit on how much sick leave may be used for general family care and bereavement purposes?

Yes, a maximum of 104 hours (13 days) may be used each leave year.

Sick Leave Resources

Bone Marrow and Organ Donor Leave     
Family and Medical Leave Act     
Voluntary Leave Transfer Program     
OPM Fact Sheet - Sick Leave (General)       
OPM Fact Sheet - Sick Leave for Family Care     
OPM Fact Sheet - Sick Leave for Family Member with Serious Health Condition     
OPM Fact Sheet - Sick Leave for Adoption     

Carry Over / Leave Restore

Employees may carry over to the next leave year a maximum amount of accrued annual leave (240 hours for most employees).
"Use or lose" annual leave is the amount of accrued annual leave that is in excess of the employee's maximum annual leave limitation for carry over into the next leave year. Employees must "use" their excess annual leave by the end of a leave year or they will "lose" (forfeit) it. An agency may consider restoring annual leave that was forfeited due to an exigency of the public business, administrative error, or sickness of the employee, as discussed below. 

Administrative Error

The employing agency determines what constitutes an administrative error.

Exigency of the Public Business

The employing agency determines that an exigency—i.e., an urgent need for the employee to be at work—is of major importance and that excess annual leave cannot be used. An employee's use of earned compensatory time off or credit hours does not constitute an exigency of the public business. If the use of earned compensatory time off or credit hours that are about to expire results in the forfeiture of excess annual leave, the forfeited leave cannot be restored.

Sickness

The employing agency determines that the annual leave was forfeited because of a period of absence due to an employee's sickness or injury that occurred late in the leave year or was of such duration that the excess annual leave could not be rescheduled for use before the end of the leave year.

Scheduling Requirement

To be eligible for restoration, the annual leave MUST have been scheduled and approved for use in writing before the start of the third biweekly pay period prior to the end of the leave year.

Time Limit for Using Restored Annual Leave

An employee must schedule and use restored annual leave not later than the end of the leave year ending 2 years after—

the date of restoration of the annual leave forfeited because of administrative error;

• the date fixed by the head of the agency or designee as the date of termination of the exigency of the public business; or

• the date the employee is determined to be recovered from illness or injury and able to return to duty

Restored annual leave that is not used within the established time limits is forfeited with no further right to restoration. Note: The above limitations do not apply to Department of Defense employees at installations undergoing closure or realignment.

National Emergency by Reason of Certain Terrorist Attacks

On March 4, 2002, OPM issued final regulations that permit "use or lose" annual leave to be restored to employees whose services are determined to be necessary for the current national emergency. Such employees are entitled to have their excess annual leave restored without the administrative burden of scheduling and canceling such leave. In addition, the time limitations for using restored annual leave are suspended for the entire period during which employees' services are determined to be essential for activities associated with the national emergency. At the end of the national emergency, or when the services of the employee no longer are determined to be necessary, a new time limit will be established for using all restored leave available to the employee.

Requesting Restoration of Forfeited Annual Leave

Guidance will be published annually as to the procedures for requesting forfeited annual leave. Generally, employees will have to provide the following to support a request for restoration of forfeited leave:

Documentation showing the forfeited leave was scheduled for use within the prescribed time limit and a statement that it could not be approved or was cancelled and that it could not be rescheduled for use during the reminder of the leave year

• A statement of the business exigency, medical emergency, or administrative error involved;

• The endorsement of the Staff Agency/Commanding Officer or his/her designee

Separate Leave Account

Forfeited leave that is restored will be placed in a separate leave account and will appear on the employee’s leave and earning statement.

Carry Over / Leave Restore Resources

5 CFR 630, SUBPART C (RESTORED LEAVE SECTIONS)

DOD FINANCIAL MANAGEMENT REGULATION VOLUME 8, CHAPTER 5

Bone Marrow and Organ Donation

BONE MARROW DONORS

An employee may use up to 7 days of paid leave each calendar year to serve as a bone-marrow donor. However, an employee who is having bone marrow removed to be stored for his/her own future use is not entitled to use bone marrow leave for this purpose.

ORGAN DONORS

An employee may use up to 30 days of paid leave each calendar year to serve as an organ donor. Leave for bone marrow and organ donation is a separate category of leave that is in addition to annual and sick leave.

Bone Marrow and Organ Donation Resources

GOVINFO BONE MARROW AND ORGAN DONATION LEAVE

Administrative Leave Excused Absence

An excused absence/administrative leave is a period of administratively authorized absence from official duties without loss of pay and without charge to an employee's leave account and is distinct from the absence of an employee who is performing officially sanctioned activities away from the employee's usual worksite or regular duties.

TARDINESS AND BRIEF ABSENCE

When reasons appear to be justifiable, an employee's tardiness or other brief absence from duty of less than one hour may be excused by a leave-approving official.

RETURN FROM ACTIVE MILITARY SERVICE

Federal employees who are members of the National Guard or Reserves and who are returning from active duty in support of the Global War on Terrorism (GWOT) are entitled to five (5) days of excused absence, without loss of pay or personal leave, to ease the transition to civilian life. An “overseas” deployment is not required for this entitlement. Excused absence for this purpose is applicable for employees returning from active military service in connection with the GWOT as part of Operation Noble Eagle, Operation Enduring Freedom, and Operation Iraqi Freedom, as well as any other current or future military operations deemed to be part of the GWOT.

Administrative Leave Excused Absence Resources

DoD Instruction 1400.25, Volume 630, section 6

Update on Excused Absence for Employees Returning from Active Military Duty (OPM Document)

leave without pay

Leave without pay (LWOP) is a temporary non pay status and absence from duty that, in most cases, is granted at the employee's request. In most instances, granting LWOP is a matter of supervisory discretion and may be limited by agency internal policy. Employees, however, have an entitlement to LWOP in the following situations:

• The Family and Medical Leave Act of 1993 (FMLA) (Public Law 103-3, February 5, 1993), provides covered employees with an entitlement to a total of up to 12 weeks of unpaid leave (LWOP) during any 12-month period for certain family and medical needs.

• The Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law. 103-353) provides employees with an entitlement to LWOP when employment with an employer is interrupted by a period of service in the uniformed service.

• Executive Order 5396, July 17, 1930, provides that disabled veterans are entitled to LWOP for necessary medical treatment.

• Employees receiving workers’ compensation are entitled to leave without pay for limited periods

IMPACT OF LWOP ON LEAVE ACCRUAL

When the number of LWOP status hours in a full-time employee’s leave year equals his or her biweekly tour of duty (80, 112, 144 hours), the employee’s leave accrual is reduced by an amount equal to the amount of leave (sick and annual) earned during a pay period.

Did you know?

. . . that if a request for annual or sick leave is approved but you don’t have annual or sick leave available, your leave request will be treated as a request for LWOP?

leave without pay resources

Effect of Extended Leave Without Pay (LWOP) (or Other Nonpay Status) on Federal Benefits and Programs (OPM)

court leave

An employee is entitled to paid time off without charge to leave for service as a juror or witness. An employee is responsible for informing his or her supervisor if he or she is excused from jury or witness service for 1 day or more. 

Jury Duty

An employee who is summoned to serve as a juror in a judicial proceeding is entitled to court leave.

Witnesses

An employee who is summoned as a witness in a judicial proceeding in which the Federal, State, or local government is a party is entitled to court leave.

Official Duty

An employee who is summoned as a witness in an official capacity on behalf of the Federal Government is on official duty, not court leave.
 
Jury duty is a civic responsibility!

Requirements

An employee who is under proper summons from a court to serve on a jury should be granted court leave for the entire period, regardless of the number of hours per day or days per week he actually serves on the jury during the period. Jury service for which an employee is entitled to court leave does not include periods when the employee is excused or discharged by the court, either for an indefinite period, subject to call by the court or for a definite period in excess of one day.

Documentation

When an employee is called for court service (as a witness or juror), the court order, subpoena, or summons, if one was issued, must be presented to the supervisor as far in advance as possible.

Jury Duty Service Payment Fees

Fees received by the employee are collected while allowances are not collected. The employee must submit fees by money order or personal check along with a certificate of attendance to the employing activity.

The certificate of attendance shows inclusive dates of jury duty and the amount of fees the court paid to the employee. The certificate of attendance should identify fees and allowances separately. If the certificate of attendance does not identify allowances separately, all moneys are considered fees and shall be collected.

court leave resources

OPM Fact Sheet: Court Leave

DoD Financial Management Regulation Volume 8, Chapter 5 of September 2008 (COURT LEAVE)

Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) provides most full time Federal employees with an entitlement to a total of 12 weeks (480 hours) of unpaid leave during any 12-month period for:

• the care of the employee's spouse, child, or parent with a serious health condition;

• a serious health condition that makes the employee unable to perform the essential functions of their position;

• birth of son or daughter and care of the new born; and/or

• placement of a child with the employee for adoption or foster care

JOB PROTECTION AND BENEFITS

• 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.

ADVANCE NOTICE AND MEDICAL CERTIFICATION

• An employee must provide notice of his or 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.

• Medical certification is required to support a request for FMLA leave 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.

• If the FMLA request is based on the birth and care of a son or daughter or the placement of a child for adoption or foster care, the employee may be required to provide administratively acceptable evidence to support the request.

WHEN THE 12 MONTH PERIOD BEGINS FOR FMLA

The 12-month period begins on the date an employee first takes FMLA leave and continues for 12 months. An employee is not entitled to 12 additional workweeks of unpaid leave until the previous 12-month period ends and an event or situation occurs that entitles the employee to another period of FMLA leave. This may include a continuation of a previous event or situation.

SUBSTITUTION OF PAID LEAVE FOR UNPAID LEAVE

An employee may substitute accrued or advanced annual or sick leave and donated annual leave for unpaid FMLA leave, consistent the rules governing use of leave. For example, if FMLA is invoked to care for a healthy newborn, only annual leave may be substituted as there is no authorization to use sick leave for a healthy child.

EXPANDED FMLA ENTITLEMENTS FOR FAMILY MEMBERS OF ACTIVE DUTY SERVICE MEMBERS

The FMLA was amended in 2008 to allow employees to take up to 12 weeks of leave each year for each 12 month period for any qualifying exigency arising out of the fact the service member is on active duty or has been notified of a call to active duty in support of a contingency operation. Additionally, the FMLA was amended to allow eligible employees to take up to 26 weeks of leave to care for a covered service member with a serious illness or injury.

family and medical leave resources

OPM Fact Sheet: Family and Medical Leave Act (FMLA)

Family and Medical Leave Act (5 CFR Part 630 Subpart L)

Department of Labor (DoL) Form WH-380-E: Certification of Health Care Provider for Employee’s Serious Health Condition (Family and Medical Leave Act)

Department of Labor (DoL) Form WH-380-F: Certification of Health Care Provider for Family Member’s Serious Health Condition

Department of Labor (DoL) Form WH-384: Certification of Qualifying Exigency For Military Family Leave

Department of Labor (DoL) Form WH-385: Certification for Serious Injury or Illness of Covered Servicemember - for Military Family Leave

Recent Changes to the Family and Medical Leave Act (OPM Document)

Family and Medical Leave Act FAQs

I am the primary caregiver for my grandson, who has a serious medical condition. May I use FMLA leave for this?

Yes, if you are acting “in loco parentis” to any child under the age of 18, you may invoke your entitlement to FMLA to care for the child with a serious medical condition, even though you are not the biological parent. If the child is over the age of 18, you may be entitled to FMLA only if the child is incapable of self support due to physical or mental disability.

My mother-in-law is very ill and needs me to help care for her. May I use FMLA for this?

No. FMLA applies to parents but not to in-laws with a serious medical condition.

I was hired 8 months ago. This is my first federal position. Am I eligible for FMLA?

No. You must have 12 months of continuous service to be eligible for FMLA.

I have the flu. May I use FMLA to cover my absence?

FMLA is not intended to cover common medical problems such as the flu and stomach aches, unless complications arise. FMLA is intended to cover serious medical conditions that:

• require in patient care in a hospital, hospice, or residential medical care facility; or

• require continuing treatments by a health care provider

How much time is allowed to provide medical certification to support a FMLA request?

Employees have 15 days to provide the certification. If it is not practicable for the employee to provide the certification, despite the employee’s diligent good faith efforts, the employee must provide it in a reasonable period and not later than 30 days after the agency requests the certification.

military leave

If you are in the National Guard or are an Armed Forces Reservist, are in a full-time federal civilian position and your federal civilian appointment is not limited to a one year duration, you are entitled to military leave for certain types of active or inactive duty. If you are a part-time career employee or on an uncommon tour of duty, you may also be eligible for military leave. 

Available Law Enforcement/Military Contingency Leave

Effective November 24, 2003, if you perform full-time military service as a result of a call or order to active duty in support of a contingency operation, you may be entitled to an additional 22 days of leave from your civilian duties each calendar year. You are also entitled to this leave if you are activated for a state emergency on orders from the Governor of that state. If you meet the eligibility requirements for using the 22 workdays of military leave, you may elect to use accrued annual leave or available compensatory time earned prior to using the 22 workdays of military leave. Please note that the absence period may not be charged to sick leave.

Requesting Military Leave

Military leave should be requested and approved as far in advance as possible to allow the supervisor to accommodate the absence; the same as any other type of leave. There is no requirement to use the OPM Form 71 to request leave but it is the recommend form. Employees need to include the specific dates/hours they want military leave to cover and attach a copy of the military orders which support the request (if available). Specify the type of military leave requested; e.g., normal activity duty; support of a contingency operation; law enforcement support; technicians performing noncombat operations outside the US; or parade/encampment. Upon returning to work the employee must provide the supervisor with acceptable supporting documentation; e.g., properly authorized military orders, to support the specific military leave. Documentation must include dates, times, and signatures verifying that the period of active duty was performed.

military leave resources

OPM Fact Sheet: Military Leave

OPM Frequently-Asked Questions: Military Leave

DoD Financial Management Regulations (Volume 8, Section 0518): Military Leave

parental leave

The Federal Government offers numerous leave flexibilities to assist employees in meeting their work and family obligations, including paid time off for childbirth and adoption and care of the newborn or adopted child. There is no separate leave category for parental leave. Instead, employees are entitled to use paid and unpaid leave, along with workplace scheduling flexibilities, to meet their family obligations. 

Most employees are entitled to a total of up to 12 weeks of unpaid leave under the FMLA for specified family and medical needs, including care of a newborn or newly adopted child. An employee may choose to substitute annual leave or sick leave, where appropriate, for unpaid leave under the FMLA. It is important to note that Federal employees are entitled to 12 weeks of FMLA leave in addition to any other paid or unpaid leave approved by the supervisor. In addition, if an employee experiences a personal or family medical emergency and has exhausted all of his or her available paid leave, he or she may apply for donated annual leave under the leave transfer or program. Although the Federal Government does not offer temporary disability coverage (providing partial salary replacement) to its employees, the employees own sick leave account and/or transferred annual leave under the leave transfer program (providing full salary replacement) are available in maternity situations.

pregnancy and childbirth

A new mother who is a Federal employee is entitled to use her sick leave (which she accrues at a rate of 13 days per year) for any period of incapacitation resulting from pregnancy and/or childbirth. For most new mothers, this period of eligibility to use sick leave ranges from 6 to 8 weeks, as certified by her physician. If the new mother does not have sufficient sick leave to cover her period of incapacitation, she may request advance sick leave from her agency or receive donated annual leave through the leave transfer and/or leave bank programs. If she elects to remain at home for an additional period following her recovery, she is entitled to use up to 12 weeks of unpaid leave under the FMLA. She may choose to substitute her annual leave (which she accrues at a rate of 13, 20, or 26 days a year, depending on length of service) for any of the FMLA leave without pay. She may also request and her agency may grant additional annual leave or leave without pay beyond the amounts guaranteed by the FMLA.

• May I be advanced leave to cover my time off for childbirth if I don’t have enough accrued sick leave?

• Yes. Advanced sick leave (up to 240 hours) may be granted for periods of incapacitation and recovery.

leave for fathers

A new father who is a Federal employee is entitled to use his sick leave (up to a maximum of 12 weeks) to accompany his wife to medical appointments, to be with her during her hospitalization, and to care for her during her recovery period (about 6 to 8 weeks). If the new father does not have sufficient sick leave to cover his wife’s full recovery period, he may request donated annual leave through the leave transfer and/or leave bank programs. If the new father would like additional time off to care for the newborn, he may use up to 12 weeks of unpaid leave under the FMLA. He may choose to substitute his annual leave (which he accrues at a rate of 13, 20, or 26 days a year, depending on length of service) for any of the FMLA leave without pay. He may also request and his agency may grant additional annual leave or leave without pay beyond the amounts guaranteed by the FMLA.

adoptive parents

Adoptive parents are entitled to use sick leave (without limit) for purposes related to the adoption of a child. Such purposes may include but are not limited to the following:

• Appointments with adoption agencies, social workers, and attorneys;

• Court proceedings;

• Required travel;

• Any periods of time the adoptive parents are ordered or required by an adoption agency or a court to take time off from work to care for the adopted child; and

• Any other activities necessary to allow the adoption to proceed

New adoptive parents may be advanced up to 30 days of sick leave for these purposes. They also are entitled to up to 12 weeks of unpaid leave under the FMLA and may choose to substitute their annual leave for FMLA leave without pay. They may also request and the agency may grant additional annual leave or leave without pay beyond the amounts guaranteed by the FMLA.

parental leave resources

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

leave accrual rate

The amount of annual leave employees earn each pay period is determined by the length of creditable service, both civilian and military. For sick leave, the leave accrual rate is a flat 4 hours a pay period (for full time employees), regardless of length of service. 

creditable service for leave accrual

Civilian Service

All civilian service that is potentially creditable for Civil Service Retirement Service (CSRS) purposes, including service covered by the Federal Employee Retirement Service (FERS) is also creditable for annual leave accrual. Potentially creditable service includes service that could be credited if the employee made deposits to the retirement fund. Such deposits are not required before the employee gets credit for annual leave accrual purposes.

Uniformed Service

• For non-retired members, full credit for uniformed service (including active duty and active duty for training) performed under honorable conditions is given for annual leave accrual purposes

• For retirees, annual leave accrual credit is given only for:

  • Actual service during a war declared by Congress (includes World War II covering the period December 7, 1941, to April 28, 1952) or while participating in a campaign or expedition for which a campaign badge is authorized or

  • All active duty when retirement was based on a disability received as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined in 38 U.S.C. 101(11). "Period of war" includes World War II, the Korean conflict, Vietnam era, the Persian Gulf War, or the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

Non-Federal Service or Uniformed Service

A newly appointed or reappointed employee may receive service credit for prior non-Federal service or active duty uniformed service that otherwise would not be creditable for the purpose of determining his or her annual leave accrual under the conditions prescribed by regulation and agency policy. Within DoD, crediting non-federal service or uniformed service is used as a recruitment incentive only and must be addressed during the hiring process.

annual leave accrual rates

Employees earn annual leave based on the length of their creditable service. Creditable service may be federal service, active duty military service, or prior non-federal service. There are some limitations on what military and non-federal service will count for leave accrual purposes. See also section on creditable service below.

Employee Type	Less than 3 years of service	3 years but less than 15 years of service	15 or more years of service
Full-time employees	½ day (4 hours) for each pay period	3/4 day (6 hours) for each pay period, except 1¼ day (10 hours) in last pay period of leave year	1 day (8 hours) for each pay period
Part-time employees	1 hour of annual leave for each 20 hours in a pay status	1 hour of annual leave for each 13 hours in a pay status	1 hour of annual leave for each 10 hours in a pay status
Employees with uncommon tours of duty	(4 hours) times (average # of hours per biweekly pay period) divided by 80 = biweekly accrual rate.	(6 hours) times (average # of hours per biweekly pay period) divided by 80 = biweekly accrual rate.	(8 hours) times (average # of hours per biweekly pay period) divided by 80 = biweekly accrual rate.

 

annual leave ceilings

There is a limit on how much annual leave may be carried over from one leave year to the next. Annual leave in excess of the limit is forfeited by the employee. See also the section on Restoration of Annual Leave

Maximum Annual Leave That May Be Carried Over into the New Leave Year
Federal Employees Stationed within the United States	30 days
Federal Employees Stationed Overseas	45 days
Members of the Senior Executive Service, Senior-Level and Scientific and Professional Employees	90 days

 

sick leave accrual rates

Sick leave is accrued based on a set amount regardless of the length of creditable service. There is no limit on how much sick leave may be accrued. Unused sick leave accumulated by employees covered by the Civil Service Retirement System (CSRS) will be used in the calculation of their annuities. FERS employees retiring before December 31, 2013 will receive a 50 percent credit for unused sick leave; after January 1, 2014 they will receive full credit for unused sick leave.

Sick Leave Accrual Rates
Full-time Employees	1/2 day (4 hours) for each biweekly pay period
Part-time Employees	1 hour for each 20 hours in a pay status

 

Miscellaneous Leave Situations

Federal Holidays - Work Schedules and Pay

Fact Sheet: Lunch or Other Meal Periods

Process

Employee completes RI20-97 (estimated earnings form)

Employee sends RI20-97 to military pay center that services their branch

Pay center returns statement of earnings to employee

Employee sends statement of service and SF3108 (application to make service credit payment) to OCHR

OCHR calculates amount and contacts employee with total amount owed and options for payment

Form RI20-97 “Estimated Earnings During Military Service”

*Employee completes this form and sends to the pay center for their branch of service with DD-214 for each period of active duty as applicable.

*Once this form is received by the pay center, they will verify/validate the dates of service claimed and provide a valuation of the total amount that was paid to the employee over that period of time.

*This information will be provided in the form of a statement.

FORM 3108 AND 3108A (AS APPLICABLE) “APPLICATION TO MAKE SERVICE CREDIT PAYMENT”

*When the employee has received the statement of service, they will use the information contained therein to complete form 3108 and 3108A (for
periods of service performed after 1956).

*Once this form is complete, the employee will send it (along with the statement of service and a copy of the DD214(s) to the Office of Civilian Human Resources (OCHR).

CLOSING THE LOOP

*When OCHR recieves the completed form 3108/3108A, they will calculate the total amount that the employee will need to pay in order to have
their military time credited to their retirement account.

*OCHR will then contact the employee to establish a method of payment and payment options.

Questions

Contact the Benefits Specialist
Phone: 1-888-320-2917 Option #4

DFAS

https://www.dfas.mil/civilianemployees/militaryservice/militaryservicedeposits/

About

Performance management is the systemic process of engaging employees in establishing performance plans that support organizational and mission goals and objectives; for monitoring and developing employees; for assessing performance, and for rewarding employees for their contributions.

In the Department of the Navy, there is one appraisal system that applies to General Schedule (GS) and Federal Wage System (FWS) civilians.

The DoD Personnel Management and Appraisal Program (DPMAP) applies to all employees who converted from Interim Performance Management System (IPMS).

DPMAP is a three part unified system that is the single performance management program for all DoD GS and FWG civilians.

Note: The performance management system information contained on this website does not apply to members of the SES, who are covered by the SES Appraisal System.

Performance Rating Cycle 

The performance rating cycle for employees up to the GS-15 grade level is from April 1, 2021 to March 31.  All eligible employees must receive a performance plan, documented, and entered in the Defense Performance Management Appraisal Program (DPMAP), a function of MyBiz+. Plans must be established and approved normally within 30 calendar days of the beginning of the appraisal cycle or the employee’s assignment to a new position or set of duties. The supervisor will communicate the performance plan to the employee after it has been approved in accordance with DoD Component procedures. (Ref: DOD INS 1400.25, Vol 431, CH1 dtd 20200701).

Step 1. Establish AND CLEARLY COMMUNICATE STANDARDS OF PERFORMANCE

Normally within 30 days of the beginning of each appraisal cycle, supervisors and employees should discuss performance goals for the upcoming cycle. Supervisors must allow employees the opportunity to provide input into their performance elements and standards. While employees have the opportunity to provide input into their performance plans, supervisors must develop and approve the performance elements and standards. Use of the MyPerformance appraisal tool, a function of MyBiz, is the only automated appraisal tool that has been authorized for use in administering and documenting activities under the DoD Performance Management and Appraisal Program, and MyPerformance generates a completed DD Form 2906, “Department of Defense Performance Plan, Progress Review, and Appraisal.

Performance plans are established/reestablished within 30 calendar days after:

1. The beginning of the appraisal cycle; or

2. Employee’s assignment to a new position or set of duties

Performance Elements:

Performance elements describe the expectations related to the work being performed. All performance elements must be critical elements and clearly align with organizational goals. For ratings of record, each ratable element will be assigned a performance element rating. For assistance with alignment of performance elements to organizational goals, supervisors should review organizational plans and may consult with their performance improvement officer, or equivalent, as necessary. The USD (P&R) must approve DoD-wide performance elements for groups of employees, as needed. The two types of performance elements are:

• Critical Element: Performance plans must have a minimum of one critical performance element, and each element must have associated performance standards that define expectations. A critical element is a work assignment or responsibility of such importance that unacceptable performance on the element would result in a determination that an employee’s overall performance is rated as “Unacceptable.” Critical elements are only used to measure individual performance; supervisors must not establish critical elements for team performance.

• Supervisory Element: All performance elements related to supervisory duties are critical elements. The number of supervisory performance elements on performance plans for supervisors will equal or exceed the number of non-supervisory (technical) performance elements. The requirement for the number of supervisory performance elements to exceed the number of non-supervisory elements does not apply to employees coded as Supervisor Civil Service Reform Act (CSRA) code “4” in the Defense Civilian Personnel Data System.

MANDATORY Elements:

• Mandatory Supervisory Performance Element: The attached memorandum incorporates the mandatory performance standard for supervisors and managers dealing with whistleblower protections. As you will note in the memorandum, the performance standard has been mandated to cover whistleblower protections.  The other standards in the memorandum should already be included in performance plans as they have been required for the past several years;  however, if they are not in current performance plans, they need to be added.

• Mandatory Critical Element For Duties Involving Classified Information: In accordance with SECNAV M5510.36, Information Security Program, Dated June 2006, "... the performance rating systems of all DON military and civilian personnel, whose duties significantly involve the creation, handling, or management of classified information, include a critical security element on which to be evaluated."  This has been a requirement since 2006 therefore, this should already be included in performance plans of employees that have duties that significantly involve handling classified information.  Attached are sample standards for your use.

Performance Standards:

Performance standards describe how the requirements and expectations provided in the performance elements are to be evaluated. Performance standards must be provided for each performance element in the performance plan and must be written at the “Fully Successful” level. The standards should include specific, measurable, achievable, relevant, and timely (SMART) criteria, which provide the framework for developing effective results and expectations. SMART standards objectively express how well an employee must perform his or her job to achieve performance at the “Fully Successful” level by providing standards that are:

1. Specific. Goals are sufficiently detailed in describing what needs to be accomplished.

2. Measurable. The accomplishment of the performance element is clear and can be quantified or substantiated using objective criteria.

3. Achievable. Goals are realistic, yet challenging and can be accomplished with the resources, personnel, and time available.

4. Relevant. The critical element aligns with or links to organizational mission and success.

5. Timely. Goals will be completed within a realistic timeframe.

Step 2. DEVELOPING AND COMMUNICATING PERFORMANCE EXPECTATIONS

Written performance plans must be developed and approved by supervisors, clearly communicated to employees, and acknowledged by employees.

• Normally within 30 days of the beginning of each appraisal cycle, supervisors and employees should discuss performance goals for the upcoming cycle. Supervisors must allow employees the opportunity to provide input into their performance elements and standards. While employees have the opportunity to provide input into their performance plans, supervisors must develop and approve the performance elements and standards.

• Supervisors must communicate each approved performance plan and how the performance expectations link to any organizational goals with their employees. This also provides an opportunity for the supervisor and employee to achieve a common understanding of the performance required for mission success.

• The date of the meeting or communication will be documented in the MyPerformance appraisal tool or on the DD Form 2906 and acknowledged by the employee.

Step 3. MONITORING PERFORMANCE

Monitoring performance consists of ongoing assessment of performance compared to the stated expectations and ongoing feedback to employees on their progress toward reaching their goals.

• Continuous Monitoring of Performance. By monitoring performance throughout the appraisal cycle, supervisors can provide timely feedback on meeting expectations and identify unacceptable performance during the appraisal cycle in order to provide assistance to improve performance, rather than waiting until the end of the cycle when a rating of record is assigned. Additionally, while monitoring performance, supervisors may identify an employee’s need for training or developmental opportunities in order to enhance the knowledge, skills, or abilities related to the employee’s job performance in his or her current position.

• Performance Discussions. The supervisor and employee will discuss the employee’s work performance and its link to organizational effectiveness. The discussions may consist of verbal feedback sessions, regular one-on-one meetings, or impromptu recognition or acknowledgement of performance. Supervisors or employees may initiate performance discussions at any time during the appraisal cycle to foster ongoing engagement and understanding. Performance discussions help ensure that the performance plans accurately reflect the work being evaluated. Effective communications include ongoing, constructive feedback to contribute to overall employee and organizational success.

**BCC: Command HR Liaisons for Reference and Dissemination**

Progress Reviews

BLUF: Guidance for Rating Officials on Progress Reviews

All Rating Officials are required by law to evaluate performance by assessing performance against the elements and standards in the employee's approved performance plan and assigning a rating of record based on work performed during the appraisal cycle. For your convenience, attached are step-by-step instructions for completing the progress review.  

1) Defense Performance Management Appraisal Program (DPMAP)

The appraisal period is from April 1 to March 31 for Bargaining and Non-Bargaining Employees.  All eligible employees must receive a performance plan, documented, and entered in the MyPerformance Appraisal Tool, in accordance with DoD Instruction 1400.25, Volume 431, DoD Civilian Personnel Management System: Performance Management and Appraisal Program.

2) Progress Reviews

Progress reviews may only be initiated by Supervisors. Employees must have at least one (1) documented progress review, however, providing additional progress reviews throughout the appraisal cycle is encouraged. Employees are not given a performance narrative or performance element rating on progress reviews. However, supervisors are required to document the date the progress review was conducted for each employee in the electronic MyPerformance appraisal tool.  The supervisor and employee should engage in meaningful communications throughout the appraisal cycle to review and convey:

(1)        Organizational goals and priorities.

(2)        Performance elements and standards, including ensuring the performance plan accurately reflects the work being evaluated.

(3)        Supervisor’s expectations.

(4)        Employee’s accomplishments and contributions.

(5)        Employee’s level of performance, including any areas that need improvement.

(6)        Barriers to success.

(7)        Employee’s developmental needs and career goals.

3) Performance Concerns

If you believe that an employee is not fully meeting performance expectations (i.e., at this time, you would assess the employee's performance below a Level 3 (Fully Successful) please contact the Labor & Employee Relations (LER) Branch at the appropriate Command Group Mailbox (CLICK HERE FOR CONTACT INFO) or Labor & Employee Relations Manager, Ms. Stacye Johnson via email at  stacye.d.johnson.civ@usmc.mil so that LER may assist you in addressing performance deficiencies.

4) Performance Plans

a. Performance plans are established within 30 calendar days of the beginning of the rating period or initially assigned to the job, the rating official must establish a performance plan. Use of the MyPerformance appraisal tool within DCPDS is mandatory. Performance plans should be consistent with assigned work and the duties covered in the rated employee's position description. To be eligible to receive an appraisal, an employee must have at least 90 calendar days under their current performance plan. The 90-day period begins when the employee is issued the signed performance plan.

b. Without a performance plan in place, a progress review cannot be done. If you are a Rating Official and still have employees who do not have approved performance plans in place, not only are you in violation of USMC, DON, and DOD policy and regulations, you are also in violation of the law and OPM regulation:   

***5 U.S. Code §4302 states:   "...thereafter at the beginning of each following appraisal period, communicating to each employee the performance standards and the critical elements of the employee’s position".  If you have not obtained the employees acknowledgement on their current performance plan, the communication has not been properly documented and you are not in compliance. 

***5 CFR § 430.206 9 (b)(2) states:   "Performance plans shall be provided to the employees at the beginning of each appraisal period (normally within 30 days)."

***5 CFR § 430.208 states "Rating performance.  (a) As soon as practicable after the end of the appraisal period, a written, or otherwise recorded, rating of record shall be given to each employee." Also, "(3) Except as provided in § 430.208(i), a rating of record is final when it is issued to an employee with all appropriate reviews and signatures."   Our office noticed that some supervisors failed to issue a rating of record as soon as practicable after the end of the appraisal period, some plans were never even issued and therefore could not be issued a rating of record. 

***There is a performance standard in Supervisory Performance Plans which indicates the following:  effectively monitors employee performance by completing performance management tasks in a timely manner.  Ask yourself, are you fully successful in this element?

c. Please log in to MyBiz+ if you are unsure if the plan or appraisal for your employee is currently delinquent.  Performance    plans should reflect a status of “plan approved” and performance appraisals should reflect a status of “completed”. 

5) Employees Who Transfer or Supervisors Who Leave During the Appraisal Cycle

a. If a supervisor leaves the organization, a performance narrative statement is required when an employee has performed under an approved performance plan for 90 calendar days and there are more than 90 calendar days left in the appraisal cycle. This narrative statement will be considered by the incoming supervisor for the purpose of deriving the employee's rating of record.

b. A rating of record is required when an employee has performed under an approved performance plan for 90 calendar days and the employee or supervisor leaves the organization with fewer than 90 calendar days remaining in the appraisal cycle. If circumstances preclude the departing supervisor from carrying out this responsibility, the higher level management official may serve as the rating official, subject to Command policy.

6) Trusted Agent for Rating Officials and Higher Level Reviewers

The authorization of a Trusted Agent allows Rating Officials and Higher Level Reviewers to assign a Trusted Agent to act on their behalf within DPMAP for employees they identify for the purpose of documenting their decisions related to performance management matters. This function is very useful when a Rating Official or Higher Level Reviewer is not able to maintain access to the My Performance Tool. This authorization does not alleviate a Rating Official and Higher Level Reviewer’s performance management responsibilities to continue the hands-on work of monitoring, reviewing and appraising employees on their performance, and the rating official or higher level review retains ownership of the plan.  The sole purpose of the trusted agent is to document their decisions in the employee's record. 

**BCC: Command HR Liaisons for Reference and Dissemination** 

UPCOMING PERFORMANCE APPRAISALS

BLUF: We are 60 days out from the end of the performance year.  More guidance will be coming in the future, but ensure performance plans have been in place for 90 days and at least one documented progress review has been completed to ensure a smooth performance appraisal season.

The performance appraisal cycle for employees up to the GS-15 grade level ends on March 31.  All employees who have worked in a position for at least 90 calendar days must receive a rating of record, documented, and entered in the My Performance Appraisal Tool. All Supervisors are required to evaluate performance by assessing performance against the elements and standards in the employee's approved performance plan and assigning a rating of record based on work performed during the appraisal cycle.  More guidance will be forthcoming for Rating Officials in the future.

Rating Officials should begin making preparations now for a smooth close out/appraisal season.  Ensure the following:

1. All employees assigned to you have an approved performance plan in the MyPerformance Appraisal Tool, and they have been on that approved plan for a minimum of 90 calendar days.

2. All employees have at a minimum one documented progress review in the MyPerformance Appraisal Tool.

Rating Officials should also begin developing their Rating Official input/narrative statement for each employee.

As a reminder, it is a legal requirement of Rating Officials and Higher Level Reviewers to complete ALL aspects of the performance cycle by the prescribed deadlines to include the performance plan, the progress review, and the end of year appraisal.

Note: Any employee who has NOT been on an approved performance plan for 90 calendar days cannot receive a Rating of Record, and therefore cannot receive an end of the year performance award.

Rating Officials should reach out to their assigned LER Specialist to discuss employees who have unique situations, unacceptable performance, and/or any other concerns or technical issues.  If you do not know your assigned LER Specialist, go to the Contact Card found at the following link: https://www.hrom.marines.mil/Labor-Employee-Relations/  

**BCC: Command HR Liaisons for Reference and Dissemination** 

Progress Reviews Resources

DPMAP Training for Supervisors

DPMAP Training for Employees

DEFENSE PERFORMANCE MANAGEMENT & APPRAISAL PROGRAM (DPMAP) FOR NON-BARGAINING AND BARGAINING UNIT EMPLOYEES

Defense Performance Management Appraisal Program

DPMAP TOOLS & GUIDES

My performance tool guide for Managers and Supervisors 

My performance tool guide for employees 

Classified Critical Elements

Federal civilian employees who are members of the Uniformed Services and who are called to active duty (or volunteer for active duty) are entitled to certain rights as well as continued benefits and entitlements.

If you are recalled or volunteer for active duty, you will need to know what happens to your health insurance, life insurance, TSP, and other benefits while you are absent from your civilian position. Detailed information about these benefits and other entitlements you have is provided in the links.

(Information about military leave will be found in the Military Leave section.)

Reservist Rights and Benefits Resources

EXCUSED ABSENCE UPON RETURNING FROM ACTIVE DUTY (OPM)

RIGHTS AND BENEFITS OF RESERVISTS (OPM)

RESERVISTS USERRA RIGHTS

RESERVIST DIFFERENTIAL IMPLEMENTATION GUIDANCE (OPM) 

RESERVIST DIFFERENTIAL POLICY GUIDANCE (OPM)

RESERVIST DIFFERENTIAL (DOD MEMO)

ABOUT

Ethics and standards of conduct cover a wide range topics from accepting and giving gifts to conflicts of interest and outside employment. Violating ethics principles and standards of conduct can result in disciplinary action.

Activities and commands have designated Ethics Counselors who are normally located in the Office of Counsel. If you're not positive that what you're about to do is appropriate, contact HROM to get the contact information for your local Ethics Counselor.

Disciplinary action for violating the standards of conduct and ethics will not be taken against you if you act in good faith reliance upon the advice of your ethics official, if you have made full disclosure of the relevant circumstances.

Employee Guide

Standards of Conduct and Ethics in the Department of Defense (DoD) are found in the Employees’ Guide to the Standards of Conduct - NEED LINK. to download a copy of this standard.

The Employees' Guide includes sections on the following topics:

• General Principles of Public Service

• Gifts

• Conflicts of Interest

• Impartiality in Performing Official Duties

• Misuse of Position

• Use of Government Resources

• Fundraising

• Teaching, Speaking, and Writing

• Outside Activities

• Political Activities

• Employment Issues

• Official Travel Benefits

• Sources of Further Information

Hatch Act

Political activity in the workplace is regulated by the Hatch Act. Click here to your right for information concerning what kinds of political activities are permitted or not in the workplace.

Employee Responsibilities 

All employees are expected to:

• Comply with standards of conduct

• Conduct themselves, both on and off duty, in a manner that does not reflect adversely on the Department of Navy or the Marine Corps

• Follow on the job work rules, including reporting for work on time and in a condition that will permit safe and reliable performance of assigned duties

• Perform their job duties at an acceptable level and in a safe and reliable manner.

Employees who fail to comply may be subject to discipline. Discipline is not punitive – it is intended to serve as a deterrent to unacceptable conduct or behavior.

SUPERVISOR AND MANAGER RESPONSIBILITIES

All managers and supervisors are expected to:

• Communicate requirements and expectations regarding standards of conduct and performance to employees

• Setting a good example by their own personal conduct

• Monitoring employee conduct and taking or initiating appropriate corrective action

• Referring employees to the Civilian Employee Assistance Program as required

Resources

DEPARTMENT OF DEFENSE EMPLOYEES’ GUIDE TO THE STANDARDS OF CONDUCT

DEPARTMENT OF NAVY CIVILIAN HUMAN RESOURCES MANUAL (CHRM) SUBCHAPTER 752 (DISCIPLINARY ACTIONS) - Need Link

MARINE CORPS BASE ORDER 12752.1A (DISCIPLINARY AND ADVERSE ACTIONS TOWARD CIVILIAN EMPLOYEES) - Need Link

Telework is an arrangement that allows employees to conduct some or all of their work at a location other than their official worksite. Telework can be completed in an employee’s home, a telework center, or an alternately approved worksite. 

Types of Telework

Regular and recurring telework includes at least one (1) day each pay period in a telework status. Telework days are scheduled in advance and may be changed only with prior approval.

Ad hoc telework is performed on an occasional, one-time, or irregular basis and is usually driven by the situation (e.g. a one-time project that requires intense concentration). Ad hoc telework may also be approved for use during inclement weather or other emergency conditions.

Approving Telework Schedules

Supervisors have the authority to determine employee eligibility for telework schedules. All employees will be notified in writing regarding their eligibility for telework. Eligibility should be determined based on applicable collective bargaining agreements as well as the functions and duties of a specific position. Generally, positions are suitable for telework if they are portable, computer or telephone oriented; require quantifiable tasks or lots of research and analysis.

Employees are ineligible for telework if they occupy positions that require daily on-site contact with customers, occupy a one-of-a-kind position, or have duties that cannot be performed at a telework site. Employees that have frequent access to secure information should also be considered ineligible.

An employee should be found ineligible for telework if they have received a disciplinary action for a period of AWOL lasting five days or more during a twelve-month period or have been disciplined for viewing, downloading, or exchanging pornography on a Federal Government computer or while performing Federal Government duties.

Training

Supervisors should complete the Telework 101 for Managers on the OPM website and provide a certificate of completion to their supervisor.

Employees should complete the Telework 101 for Employees on the OPM website and provide a certificate of completion to their supervisor.

Telework Agreements

Employees that telework on an ad hoc or regular and recurring basis must complete a telework agreement. On an annual basis, telework agreements should be reviewed by the supervisor and the employee and re-signed.  DD Form 2946 (Department of Defense Telework Agreement) will be used to record all telework agreements.

Equipment and Office Supplies

Government Furnished Equipment (GFE) should be approved for employees who telework on a regular and recurring basis when practicable. Managers should provide the necessary equipment and office supplies (e.g. paper, toner, and printer ink) for use with GFE for employees who telework on a regular and recurring basis, within budgetary constraints, based on the nature and type of work performed. Equipment and supplies may be furnished for employees performing telework on an ad hoc basis when practicable. Employees must comply with equipment usage requirements set forth in the telework agreement.

Emergency Situations

Employees who perform mission-critical duties may be required to work from home or an alternate workplace during emergency situations. In the event of a pandemic health crisis, employees with Continuity of Operations Plans (COOP) responsibilities may be asked to telework to stop the spread of germs.

Employees who telework on a regular and recurring basis who are unable to report to their assigned office location due to office closure or dismissal from a natural or manmade emergency event (e.g. hurricane, earthquake, wildfire, snow storm, flooding, act of terrorism) shall continue to telework each regularly scheduled work day during the emergency situation. Any requirement that a teleworker continue to work if the Component closes should be included in the employee’s DD Form 2946.

Time and Attendance

Timecards must be coded to show time in a telework status. When using SLDCADA the type hour code will be RG and the environmental code will be one of the following:

• Code TW for regular and recurring

• Code TS for ad hoc basis

• Code TM for telework days approved for medical reasons

Denial and Termination of Telework Agreements

Denial and termination decisions will be based on mission needs, to include ensuring adequate office coverage and suitability of both the person and position for telework. Either the supervisor or the employee may terminate the telework agreement. Supervisors should review the agency’s negotiated agreement(s) and Telework Policy to ensure decisions are in accordance with applicable requirements.

• Promotes HQMC as a model employer

• Provides greater employee flexibility

• Can improve performance and productivity

• Minimizes office distraction

• Decreases need for extra desk space

• Accommodates individuals with disabilities

• Serves as a useful Reasonable Accommodation tool

• Reduces personal costs associated with travel

• Allows government services to continue during emergency situations or bad weather

• Helps the government in its effort to “Go Green”

Telework Resources

Office of Personnel Management (OPM) Telework Site

Defense Department (DoD) Civilian Personnel Management System (CPMS) Telework Site

Department of the Navy (DON) Telework Site

General Services Administration (GSA) Telework Site

Telework Training for DON Employees

Telework Training for DON Supervisors

DD Form 2946: Telework Agreement

DoD Instruction 1035.01: Telework Policy

NAVMC 11670: Telework Agreement for Regular and Recurring Telework

NAVMC 11671: Request for Approval of Ad Hoc Telework Arrangement

NAVMC 11672: Safety Checklist

MCO 12271.1 (Telework for Civilian Marines)

SECNAV 1227.1 (DON Telework Policy)

ABOUT

DoD civilians do a lot of traveling in the performance of their official duties. While travel should be scheduled to coincide with an employee’s regular tour of duty, that is not always possible. In cases where an employee is required to travel away from the official duty station and when such time is not otherwise compensable, the employee may be eligible to be credited with travel compensatory time.

Resources 

5 CFR Part 550, Subpart N: Compensatory Time Off for Travel 

DoD Financial Management Regulation, Vol. 8, Chap. 5: Compensatory Time Off for Travel 

OPM Fact Sheet on Compensatory Time Off for Travel 

Important Facts

• An employee must use accrued travel comp time by the end of the 26th pay period after it was credited. Under no circumstance will payment be made for unused travel compensatory time.

• An employee who voluntarily transfers to another Federal agency or who separates from the Federal service will forfeit any unused travel compensatory time.

• For every 8 ½ hours of creditable travel compensatory time, ½ hour must be deducted as a bona fide meal period.

About

The Voluntary Leave Transfer Program (VLTP) is a program that allows employees to transfer annual leave to another employee who is experiencing a medical emergency and who will face a loss of pay of at least 24 hours because of the emergency. The employee who is the leave recipient may use the transferred annual leave to cover absences from duty resulting from the medical emergency.

If you have any questions that are not otherwise address below or simply have questions as either a leave recipient or donor, click here to send an e-mail to our VLTP mailbox.

Information for Leave Recipients 

I AM FACING MAJOR SURGERY AND EXPECT TO BE OUT OF WORK FOR 8 TO 12 WEEKS. I HAVE 2 WEEKS OF ANNUAL LEAVE AND 3 WEEKS OF SICK LEAVE. AM I ELIGIBLE TO BE A LEAVE RECIPIENT?

Yes. As long as you are facing a loss of pay for at least 24 hours due to the medical emergency, you are eligible for the VLTP.

DO I HAVE TO WAIT UNTIL I ACTUALLY EXHAUST MY ANNUAL AND SICK LEAVE BEFORE SUBMITTING MY APPLICATION TO BECOME A LEAVE RECIPIENT?

No, you may submit it as soon as you are aware you are facing a loss of pay of at least 24 hours due to the medical emergency.

MAY I BECOME A LEAVE RECIPIENT UNDER THE VLTP IF THE MEDICAL EMERGENCY INVOLVES A FAMILY MEMBER?

Yes. You may receive donated leave when you are experiencing e medical emergency involving a family member, defined as:

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 individual in b. through e. of this definition; and

• g. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

DO I HAVE TO EXHAUST ALL MY OWN LEAVE BEFORE I CAN USE DONATED LEAVE?

Yes. You must have a zero leave balance of both sick and annual leave in order to use donated leave. The only exception is when you are using donated leave to care for a family member. In that case, you must exhaust your annual leave and the maximum amount of sick leave you are entitled to use, and have available, to care for a family member (i.e., 12 weeks). After exhausting the maximum amount of sick leave you are entitled to use, you may still have sick leave remaining which will not affect your eligibility to receive donated leave.

WHAT DO I NEED TO DO TO BECOME A LEAVE RECIPIENT?

You must submit OPM Form 630 (Application to Become a Leave Recipient) through your supervisor to the Human Resources and Organizational Management Branch. You will be required to support your application with medical documentation and you will also be required to submit a copy of your most recent leave and earnings statement.

HOW WILL LEAVE DONATIONS BE SOLICITED FOR ME?

HROM will solicit donations for you from its serviced population via e-mail and other published notices.

WHAT INFORMATION WILL BE INCLUDED IN THE SOLICITATION?

Your name and organization will be included, along with a brief description of the medical emergency, unless you state on your application that you do not want a description of the medical emergency included.

I HAVE FRIENDS AND FAMILY WHO WORK FOR ANOTHER FEDERAL AGENCY WHO WANT TO DONATE LEAVE TO ME. CAN THEY DO THIS?

Yes. They will be required to submit form OPM Form 630B.

I WAS APPROVED AS A LEAVE RECIPIENT TO TAKE CARE OF MY FATHER AFTER MAJOR SURGERY. THIS MEDICAL EMERGENCY HAS ENDED AND I STILL HAVE 150 HOURS OF DONATED LEAVE LEFT TO USE. I AM NOW FACING SURGERY. MAY I USE THE DONATED LEAVE FOR MY OWN SURGERY?

No. Donated leave may only be used for the specific emergency approved in the application. In this case, the unused donated leave will be returned to the leave donors. You may submit a new application to become a leave recipient for the new emergency.

IS THERE A LIMIT ON THE AMOUNT OF DONATED LEAVE I CAN RECEIVE?

No, there is no limit.

I HAVE USED DONATED LEAVE TO CARE FOR A FAMILY MEMBER WHO JUST DIED. MAY I USE DONATED LEAVE TO TAKE CARE OF THE FUNERAL AND ESTATE ISSUES RESULTING FROM THE FAMILY MEMBER’S DEATH?

Yes, you may use donated leave to make arrangements for and attend the funeral and to deal with estate issues directly related to the death of the family member.

MAY I USE DONATED LEAVE TO COVER PERIODS OF LEAVE WITHOUT PAY I HAVE TAKEN?

Yes, as long as your leave without pay absences were because of the medical emergency covered by the leave transfer application.

MAY I USE DONATED LEAVE TO LIQUIDATE ADVANCED LEAVE I USED DUE TO MY MEDICAL EMERGENCY?

Yes, as long as the advanced leave was used for the medical emergency covered by the leave transfer application.

WHAT SHOULD I DO WHEN THE MEDICAL EMERGENCY ENDS?

You should notify the HROM of when the medical emergency ends. You will be removed from the VLTP at the end of the pay period following your notification.

IF THE MEDICAL EMERGENCY ENDS AND I STILL HAVE DONATED LEAVE AVAILABLE TO USE, MAY I TRANSFER THE DONATED LEAVE TO ANOTHER LEAVE RECIPIENT?

No. The unused donated leave will be returned to the leave donors.

MAY MY SUPERVISOR REQUIRE ME TO PROVIDE DOCUMENTATION FOR MY ABSENCES USING DONATED LEAVE?

Yes, your supervisor may require you to submit acceptable medical documentation in the same manner and to the same extent as for any request for leave due to medical reasons.

AS A LEAVE RECIPIENT, MAY I TRANSFER DONATED LEAVE HOURS IF I AM GOING TO WORK FOR ANOTHER FEDERAL AGENCY?

Yes, an employee may transfer donated leave hours when transferring to another Federal agency, without a break in service, by having the agency from which he/she is transferring complete form OPM 630C.

Information for Leave Donors

WHAT DO I NEED TO DO TO DONATE LEAVE TO A COWORKER WHO HAS BEEN APPROVED AS A LEAVE RECIPIENT?

You will need to complete the OPM Form 630A and send it to the Human Resources Office along with a copy of your most recent leaving and earnings statement.

MY SUPERVISOR IS AN APPROVED LEAVE RECIPIENT. MAY I DONATE LEAVE TO HIM?

No. You may not donate leave to your immediate supervisor.

WHAT TYPE OF LEAVE MAY I DONATE?

You may only donate annual leave. You may not donate sick leave.

IS THERE A LIMIT ON THE AMOUNT OF LEAVE I CAN DONATE?

Yes, you may not donate more than ½ of the amount of leave you are projected to earn in a leave year or, if you have “use or lose” leave, the number of hours remaining in the leave year that you are scheduled to work, whichever is less.

WHAT HAPPENS IF THE LEAVE I DONATE IS NOT USED?

Unused donated leave will be returned to the leave donors on a prorated basis.

MAY I DONATE LEAVE TO A FRIEND WHO WORKS IN A DIFFERENT AGENCY?

Yes, you may. You will complete OPM form 630B and sent it to the point of contact at your friend’s agency.

VLTP Resources

OPM 630: Application to Become a Leave Recipient Under the Voluntary Leave Transfer Program 

 VLTP Fact Sheet - http://www.opm.gov/oca/leave/HTML/VLtP.asp

OPM 630A: Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Within Agency)

https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-630/subpart-I 

OPM 630B: Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Outside Agency) 

OPM 630C: Transfer of Leave Records for Leave Recipients Covered by the Voluntary Leave Transfer Program 

The Office of Special Counsel (OSC) provides a secure channel through which current and former federal employees and applicants for Federal employment may make confidential disclosures. OSC evaluates the disclosures to determine whether there is a substantial likelihood that one of the categories listed above has been disclosed. If such a determination is made, OSC has the authority to require the head of the Agency to investigate the matter.

In addition, if you believe any actions have been taken against you as a result of reprisal for making a protected whistleblowing disclosure or for engaging in any of the protected activities outlined in 5 U.S.C. § 2302 (b) (9), you may have the option to file a complaint with the U.S. Office of Special Counsel (OSC).  “Whistleblowing” is the disclosure of information that an individual reasonably believes shows a violation of law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health or safety.  Note that personnel assigned to agencies whose primary function is intelligence, counterintelligence or national security work, as designated by the President, have limited ability to file an OSC complaint.  However, recent passage of the Whistleblower Protection Enhancement Act may impact your ability to file a complaint.  Individuals who believe they may have a whistleblower complaint should seek guidance from OSC.  However, individuals should be mindful that filing an MSPB appeal or EEO complaint each has very strict time filing requirements that will not be set aside while an employee considers OSC options. There is no specific time limit for filing a complaint with the OSC. You can file an OSC complaint at http://www.osc.gov/ or call (202) 804-7000 or email info@osc.gov.

For more information, please visit http://www.osc.gov/

NOTICE

All Commands are required to meet the statutory obligation to inform their workforces about the rights and remedies available to them under the prohibited personnel practice and whistleblower retaliation protection provisions of 5 U.S.C. § 2302.1. We are required to comply with several Whistleblower Protection requirements on an annual basis. 

Specifically, Commands are required to:

• Ensure employees receive yearly information about whistleblower protection laws, with new  employees receiving the information within 180 days of being hired;  

• Provide annual  training to supervisors on how to respond  to complaints involving whistleblower protections; and

• Ensure supervisory performance is assessed on compliance with whistleblower protections.  

Required Action(s):

• Print and post the attached OSC Posters on all of your official bulletin boards within your respective departments;

• Ensure Sample Memo for Annual OSC Notification) is distributed to each employee as soon as possible. Each Command must maintain copies of the signed letters so they are readily available; and

• Ensure Supervisors Responding to Complaints PPT is distributed to all supervisors (both military and civilian) with instructions to read the training slides.

Additionally, please ensure the attached OSC Posters are placed on your local website (if you have one) and be sure to include the OSC website address as a link: http://www.osc.gov. Finally, please ensure all rating officials have the required whistleblower protection job element/performance standard in their performance plans. If you have questions regarding the required performance standard, please contact your assigned LER Specialist for assistance. To locate your assigned LER Specialist, please click HERE.

Resources

2018 Agency Requirements Memo (PDF) - Need Link
New Prohibited Personnel Practice (PPP) Poster 1.18.18 (PDF) - Need Link
Whistleblowing Poster 1.19.18 (PDF) - Need Link
Your Rights as a Federal Employee (PDF) - Need Link
Sample Memo for Annual OSC Notification (WORD) - Need Link
Whistleblower Retaliation Poster 1.19.18 (PDF) - Need Link
Know Your Rights When Reporting Wrongs (PDF) - Need Link
Supervisors Responding to Complaints (PPT) - Need Link

Title VII of the Civil Service Reform Act of 1978 (CSRA), established into law a system for Federal employees to form, join, or assist any labor organization, or refrain from any such activity, freely and without fear of penalty or reprisal. Once formed, these labor organizations exclusively represent the bargaining unit employees in all matters affecting their working conditions. This portion of the CSRA U.S. Code (Chapter 71 of Title 5 of the U.S. Code) is referred to as the Federal Service Labor-Management Relations Statute (the Statute).

The bargaining unit is a group of employees with common interests who are represented by a labor union in their dealings with agency management. Prior to an election, representatives from management, the union and the Federal Labor Relations Authority meet to define the scope of the unit. One factor in defining the scope of the unit is that it must ensure employees the fullest freedom in exercising the rights guaranteed under the Federal Service Labor-Management Relations Statute. Further, a unit will only be considered appropriate if it will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of, the agency involved.

Bargaining unit status (that is, whether the position is in or out of the unit) pertains solely to the employee's position in the agency -- it does not take into consideration whether the employee is a dues paying union member. As such, these are two distinct groups. Bargaining unit members are employees whose positions are included in the defined bargaining unit while union members are employees that pay dues to the labor organization. (Automatic payroll deduction of dues is commonly referred to as dues withholding.) Only employees within the bargaining unit can have automatic dues withholding.

Employees may elect to join the local union and pay dues either through direct payment to the union or through automatic dues withholding. While all employees covered by the bargaining unit are bargaining unit members, only those employees who pay dues to the union are union members. Once a union has been certified as the exclusive representative, though, it must represent all bargaining unit members equally, regardless of their union membership. As such, when the union and management negotiate a collective bargaining agreement, its terms and conditions cover all employees in the bargaining unit irrespective of their union membership.

There are, however, limited situations where the union can favor union members over non-members by offering certain services to only dues paying members. In these instances, though, the services are not related to the union’s role as exclusive representative, e.g., where an employee can have only the union as its representative. An example where the union can favor dues paying members over non-dues paying members is offering the services of a tax attorney to only dues paying union members.

The Federal Service Labor-Management Relations Statute specifically excludes certain positions from bargaining unit coverage. Individuals employed as supervisors, management officials, confidential employees (with respect to labor management relations), employees engaged in personnel work in other than a purely clerical capacity, employees engaged in administering the labor relations statute, employees engaged in intelligence, counterintelligence, investigative or security work which directly affects national security and employees primarily engaged in investigation or audit functions relating to the work of individuals employed by the agency whose duties directly affect the internal security of the agency cannot be included in a Federal sector bargaining unit. These individuals cannot be represented by unions and their conditions of employment can be unilaterally set by management.

AFGE 1786 Steward List
DoD Approved CMLA (2022)  
Official Time for Union Representatives
Formal Discussions and the Union
Rights During Investigative Examinations

NOTICE TO EMPLOYEES REPRESENTED BY A LABOR UNION

The Federal Service Labor-Management Relations Statute requires that employees represented by an exclusive union be notified on an annual basis of their right to representation during examinations in connection with an investigative interview conducted by a representative of the agency.

The Federal Service Labor-Management Relations Statute, at section 7114(a)(2)(B), requires the exclusive union to be given the opportunity to be present at any examination of an employee in the bargaining unit by a representative of the agency in connection with an investigation if:

1. The employee reasonably believes the examination may result in disciplinary action against the employee; and,

2. The employee requests representation. 

The Federal Government provides employees, dependents and annuitants with various benefits which may include health care insurance (FEHB), dental and vision insurance (FEDVIP), long term care insurance (FLTCIP), Flexible Spending Accounts (FSAFeds), a Thrift Savings Program (TSP), and Life Insurance (FEGLI). 

Civilian Navy and Marine employees who have questions about health insurance, life insurance or Thrift Savings Plan (TSP) can call the Department of the Navy (DON) Benefits Line at 1-888-320-2917 and select option 4 to talk to a Customer Service Representative (CSR). CSR’s are available from 7:30 a.m. until 7:30 p.m. (Eastern Time). Monday through Friday, except on federal holidays.

The GRB Platform (formerly known as Employee Benefits Information System (EBIS)) allows civilian Navy and Marine employees to access general and personal benefits information and conduct electronic transactions via the web.

Phone: 1-888-320-2917 (Option 4 for customer service representative)

TTY Phone: 1-866-328-9889

Hours: Monday thru Friday 0730-1930 (Eastern Time)

(See REFERENCES below for login information)

What is Premium Conversion?

Many of the benefits offered by the federal government (FEHB, FSAs, FEDVIP) will be subject to automatic enrollment in premium conversion unless you waive this coverage (you may ONLY waive coverage for FEHB). Premium conversion is a federal tax benefit where premiums are withheld from your bi-weekly paycheck on a pre-tax basis (i.e. they are not subject to Federal tax, Medicare, or Social Security taxes).

Consider waiving premium conversion if you want to be eligible to drop FEHB coverage or change enrollment (i.e. from Self and Family to Self Only) at any time. Usually this type of change can only be made after a Qualifying Life Event (QLE) or Federal Benefits Open Season. Additionally, you may be eligible to receive higher Social Security benefits if premium coverage is waived.

What is a Qualifying Life Event?

A Qualifying Life Event (QLE) is a term defined by OPM to describe events deemed acceptable by the IRS that may allow participants in cafeteria plans (including premium conversion) to change their participation election for premium conversion outside of an open season.

A complete list of Qualifying Life Events may be found in the SF 2809: Health Benefits Election Form. Examples of QLEs include:

• Death of a spouse

• Marriage

• Birth

• Adoption

• Change in employment status

• Last dependent child loses coverage because of age limit

• Restoration to civilian employment after serving in uniformed service

What is Open Season?

Open Season allows employees to make permissible enrollment changes or add coverage each year. You may also change providers. Each year OPM provides an Open Season from the Monday of the second full workweek in November through the Monday of the second full workweek in December.

The Director of OPM may modify the dates of Open Season or announce additional open seasons.

Your Open Season election generally will take effect the following January.

What is a Personal Statement of Benefits?

Personal Statements of Benefits is a document that lists:

• Value of your life insurance

• Cost of your Health Insurance

• Optional Retirement Benefits

• Disability Retirement Benefits

• Survivor Benefits

• Value of your annual leave (if you leave the federal service)

federal benefits resources

OPM Federal Benefits Guides

SF-2809: Health Benefits Election Form (w/list of QLEs)

GRB Login 

OPM: Premium Conversion

Dental and Vision Plans are provided for employees, retirees, and dependents based on the Federal Employee Dental and Vision Benefits Enhancement Act of 2004. Each plan includes the option for a Standard or High coverage option as well as various enrollment options of self only, self plus one, and self & family. The available rates and plans vary based on location.

All employees, retirees, and dependents except TCC Enrollees, temporary employees with appointments NTE 1 year, seasonal employees working less than 6 months in a calendar year, and annuitants with a deferred annuity are eligible for dental and/or vision coverage. Enrollment in FEDVIP is not mandatory.

enrollment information

When can you enroll?

• Enroll up to 60 days after new appointment

• Enroll 60 days after a Qualifying Life Event (QLE)

  • Qualifying Life Events under FEDVIP are more limited in scope than FEHB

• Enrollment continues every year automatically

• Enroll 60 days after a break in service of at least 31 days

• During open season period

All FEDVIP enrollments are subject to Premium Conversion. Premium Conversion may not be waived under FEDVIP. Annuitants, however, are not subject to Premium Conversion.

How can you enroll?

FEDVIP is handled through BENEFEDS
Enroll or change enrollment through www.benefeds.com or phone at 1-877-888-3337

FEDVIP Resources

BENEFEDS: Types of Qualifying Life Events (QLE)
OPM’s Vision and Dental Insurance Website

 

Benefeds contact information

Phone: 1-877-888-3337

TTY Phone: 1-977-889-5680

www.benefeds.com

Flexible Spending Accounts (FSAs) allow employees to set aside pre-tax dollars to help cover expenses related to health care, child care and/or adult dependent care. Since most of us already spend money on deductibles, co-pays, prescriptions, and dependent care, FSAs can help to mitigate the cost of these expenses due to the tax-free nature of the accounts. For the federal government, third party provider, Sykes Health Plan Services (SHPS), Inc. administers all FSAs. There are three types of FSAs available – Health Care FSA, Limited Expense FSA and Dependent Care FSA. A list of Frequently Asked Questions can be found below and at www.fsafeds.com

when is the benefit period?

• Benefit period runs from 1 January to 31 December of each calendar year

• Grace period is from 1 January to 15 March of the following year

  • The grace period covers eligible expenses that are made from 1 January to 15 March of the year following the benefit year. Any expenses incurred during the grace period will be applied towards the prior year’s balance of funds

how does it work?

• Choose a specified amount to be deducted over the course of the year ($250 - $5,000). The amount specified will be deducted incrementally from your bi-weekly pay check.

• After obtaining eligible services, submit reimbursement claim for eligible health care related expenses and receive the money that is already set aside in your account.

• Once you elect to place money into an FSA, this election is irrevocable (unless there is a Qualifying Life Event (QLE)).

how do you enroll?

• Employees must enroll and/or re-enroll each year during the Federal Open Season. Plans do not automatically roll-over

• New employees have the opportunity to enroll up to 60 days after their appointment as long as they enroll prior to October 1

• If a new employee comes on board after October 1, he/she must wait until the Federal Open Season period to enroll in FSA Feds

• All open season enrollments are effective January 1 of the following calendar year

• An employee is ineligible to continue making contributions to your FSAFEDS account after retirement or separation from the Federal Government

types of fsas and eligible expenses

• Health Care FSA (HCFSA)

  • Helps to pay for expenses that are not paid by FEHB or any other insurance

  • HCFSA Expenses include health plan deductibles, co-payments, co-insurance, prescription medications (no longer covers over the counter medications), mileage to obtain medical care, and certain other expenses that are not covered by your FEHB insurance plan

  • The minimum you may elect each year is $250 and the maximum is $5,000

• Limited Expense (LEX) HCFSA

  • For employees currently enrolled in the FEHB High Deductible Health Plan with Health Savings Account (HSA) or Health Reimbursement Arrangement (HRA)

  • LEX Expenses are limited to dental and vision care out-of-pocket expenses

  • The minimum you may elect each year is $250 and the maximum is $5,000

• Dependent Care FSA (DCFSA)

  • The DCFSA is used to pay for expenses associated with eligible child care or adult dependent care for qualified dependents that is necessary to allow you or your spouse to work, look for work, or attend school full time

  • Any active employee is eligible to participate in the DCFSA. Intermittent or Seasonal employees who are expected to work less than 6 months in a calendar year are the only exception.

  • Dependents must be claimed on income tax returns

  • Adult dependents must be physically or mentally incapable of caring for themselves

  • There is a $5,000 household limit ($2,500 if married, filing separately) on the amount that can be set aside in a DCFSA

how and when do i submit a claim for reimbursement?

• For HCFSA and LEX accounts, you may elect the available amount once the first allotment is received. For example, during enrollment if you request an account of $2500 to be established, as soon as the first deduction comes out of your paycheck, you may claim reimbursement for the entire amount of $2500

• For DCFSA accounts, only the account balance may be claimed at one time. For example, if you request an account of $2500 to be established, but through your deductions, the account only has $500, you may only claim up to $500 reimbursement

• Last day to submit claims for any year is on April 30 of the following year

flexible spending accounts resources

OPM’s Flexible Spending Accounts

Department of the Navy (DON) Benefits Website for Flexible Spending Accounts

FSA FEDS Contact information

phone: 1-877-372-3337

TTY Phone: 1-800-952-0450

URL: www.fsafeds.com

Federal Employees Health Benefits (FEHB) Program

Types of Enrollment

• Self Only – covers just the employee

• Self and Family – covers all eligible family members

  • Family members include spouse (including common law marriages), dependent children, and children incapable of self-support
    Children include a child born within marriage, an adopted child, a stepchild, a foster child who lives with you in a regular parent-child relationship, or a recognized natural child

  • Under the Health Care Reform Act, dependents are covered up to age 26. Children up to the age of 26 can be covered under FEHB even if they are eligible for health care insurance under their own employer

  • The onset of a mental or physical disability must have existed prior to the age of 26 for a child who is incapable of self-support

Types of Plans

• Fee-for-Service (FFS)

  • FFS Plans Non-Preferred Provider Organization (PPO)

  • FS Plans with PPO

• Health Maintenance Organization (HMO)

• Point of Service (POS)

  • Can use either in-network or out-of-network (for additional fee)

• Consumer Driven Health Plans (CDHP)

  • Employees manage their own health plans

• High Deductible Health Plan (HDHP)

  • Deductible ranges from $1,000 to $5,000

Cost of Health Care Insurance

• Full time employees pay the enrollee share

• Part time employees pay a pro-rated share

• Temporary employees pay 100% of the premium (employee and government share) plus a 2% administration fee

Ineligible employees include

• Temporary employees with appointments NTE one (1) year

• Intermittent Work Schedules

How to enroll

• Enroll through EBIS up to 60 days after new appointment

• Decide whether to waive premium conversion within the first 60 days of employment

  • FEHB is subject to automatic premium conversion enrollment

Opportunities to Enroll or Change Enrollment

• New appointment

• Open Season

• Qualifying Life Event (QLE)

  • See list of QLEs in SF2809 Form

  • Must have a QLE to change enrollment outside of Open Season if enrolled in premium conversion

  • You have 60 days after a QLE to change enrollment

• Belated Enrollment

  • Opportunity to enroll outside of established time frames due to a cause beyond the employee’s control

  • Effective date of coverage is retroactive

Temporary Continuation of Coverage (TCC)

TCC is a feature of the FEHB Program that allows eligible individuals to temporarily continue their FEHB coverage.

• Eligible individuals include:

  • Employees who separated from federal service (Exception: Employees who involuntarily separated due to gross misconduct are ineligible for TCC)

    • Covered under TCC for up to 18 months

  • Children who are past the age of 26 or who recover from a prior disability

    • Covered under TCC for up to 36 months

  • Former spouses who lose coverage due to divorce or annulment

    • Covered under TCC for up to 36 months

• Cost of TCC is 100% of the premium plus a 2% administrative fee

Continuing FEHB Coverage into Retirement

Employees must have been continuously enrolled or covered as a family member in any FEHB program plan (not necessarily the same plan) for the five years of service immediately preceding the retirement

• If the employee has less than 5 years of service, then FEHB coverage must have been for all service under which employee was eligible

Waivers of the 5 year requirement may only be granted by OPM.

FEHB Court Orders

The Federal Employees Health Benefits (FEHB) Children's Equity Act of 2000 requires mandatory self and family enrollment coverage for FEHB-eligible employees who do not comply with a court or administrative order to provide health insurance coverage for their child(ren).

fehb resources

FEHB Handbook

FEHB Fee-for-service (FFS) Premiums

FEHB Health Maintenance Organization (HMO) Premium Rates

DON Request to Add or Delete a Family Member from FEHB Enrollment 

EBIS Login

OPM FEHB Website

OPM FEHB FAQs

Health Care Reform

FEGLI is Group Term Life Insurance coverage that builds no cash or loan value. New employees are automatically covered under the FEGLI program. New Employees receive Basic Insurance; however, within 31 days of appointment, new employees may elect optional coverage. Election of optional coverage or waiver of basic coverage may be made through EBIS electronically or via the SF-2817 form.

Employees who are on a temporary appointment NTE 1 year and employees who work an intermittent schedule are ineligible for coverage under FEGLI. 

basic insurance amount (BIA)

This is the basic coverage that is received by all eligible employees unless it is waived. The BIA is calculated based on the employee’s Annual Basic Pay. The Basic Pay is rounded to the next $1,000, and an additional $2,000 is added. For example, if you do not elect optional coverage or waive your basic coverage, and you are employed as a GS-11 Step 1 in the Washington, DC locality, the BIA will be as follows:

Basic Pay = $62,467
Round up to nearest thousand = $63,000
Add $2,000 = $65,000 = BIA

optional coverage

Option A – $10,000 in addition to the BIA

Option B – Coverage up to 5 times employee’s salary

Option C – Family coverage; $5,000 for spouse and/or $2,500 for each dependent child with a selection of up to 5 multiples for the spouse and/or child

The cost of optional coverage varies. To determine costs prior to election, utilize the FEGLI calculator found here - FEGLI Calculator.

open season

FEGLI Open Season occurs irregularly. Open seasons will be announced by OPM when they occur.

qualifying life events (qles)

QLEs allow employees to elect coverage outside of open season up to 60 days after the event. QLEs for FEGLI include – Marriage, Divorce, Death of a Spouse, and the Birth or Adoption of a Child.

cancellation and decreasing coverage

At any time, employees may cancel or decrease coverage using SF 2817.

non-pay status

FEGLI coverage will continue for up to 12 months in a non-pay status. Neither the employee nor the employer will incur costs associated with the coverage during these 12 months.

absence based on uniform service

FEGLI coverage will continue for up to 24 months. For the first 12 months, there will be no cost to either the employee or the employer. After the first 12 months, the employee will pay the full cost of FEGLI coverage.

retirement and fegli

In order for retirees to continue FEGLI coverage, they must have been enrolled in FEGLI at least 5 years immediately preceding retirement in order to retain coverage as an annuitant. Various options must be designated by the retiree on the SF-2818 form.

assignment of insurance

Assignment of Insurance is the irrevocable transfer of ownership of the employee’s FEGLI coverage to another individual, corporation, or trustee. Employee will need to complete the RI 76-10 form in order to assign insurance to another party. Once the insurance has been assigned, the employee continues to pay premiums. Employees may wish to assign insurance in order to comply with court orders, name a former spouse as a beneficiary, pay off debts, or other reason.

designation of beneficiary

Employees should fill out the SF-2823 form to designate beneficiaries. The total amount of designations must equal 100%. If this form is not on file, the order of precedence will be followed. Order of precedence is as follows:

1. Assignee of Insurance

2. Valid Court Order

3. Designated Beneficiary

4. Widow or widower

5. Children (and/or descendants of deceased children)

6. Parents

7. Executor, administrator of state

8. Next of kin (as determined by the local state authority)

FEGLI resources

EBIS Login

OPM FEGLI Website

OPM FEGLI Calculator

OPM FEGLI Publications and Forms

OPM FEGLI Premiums for Employees

OPM FEGLI Premiums for Annuitants

OPM FEGLI Handbook

OPM FEGLI FAQs

The Office of Personnel Management has partnered with John Hancock Life & Health Insurance Company to provide long term care insurance with affordable group premiums and comprehensive benefits. Long term care insurance provides reimbursement for costs of care when you are unable to perform at least two activities of daily living (eating, dressing, bathing, etc.) for an expected period of at least 90 days, or when you need constant supervision due to a severe cognitive impairment. Federal Employees Health Benefits plans do not cover the cost of long term care. While Medicare covers some care in nursing homes and at home, it does so only for a limited time, subject to restrictions. There is no Government contribution to FLTCIP premiums. You are eligible to apply for FLTCIP at anytime. 

Federal Long Term Care Insurance Program (FLTCIP)

Types of Services:

Nursing home care
Assisted Living facility care
Home care (both formal and informal)
Adult day care
Hospice Care (either at home or at hospice care facility)
Respite Services
Bed reservations (holds up to 60 days)
Care coordination and caregiver training

Cost of Services:

Premiums are based on your age and the options that you select.

Eligibility:

Most employees, family members of employees, and annuitants are eligible.

It is not necessary to be enrolled in FEHB to be covered under Long Term Care Insurance; however, you must occupy a position that is eligible for enrollment in FEHB.

Abbreviated v. Full Underwriting Procedures:

Individuals must be in a pay status to apply. Long Term Care coverage may be denied.

Abbreviated Underwriting

• Few health related questions which are designed to determine who may be immediately eligible for benefits or eligible within a short period of time

Full Underwriting:

• Numerous health related questions and may also include a review of medical records and/or an interview with a nurse

Enrollment

New, Newly Eligible, or returning Federal Civilian employees (and spouses) use abbreviated application when one of the following events occur:

• 60 days upon entering position that conveys eligibility

• 60 days upon entering a position that conveys eligibility from a previous position that did not

• 60 days after a break in service of 180 days or more

Relatives

• New Spouses have 60 days from the date of marriage to enroll using the abbreviated underwriting

• Other qualified relatives can apply at anytime using the full underwriting application

Changes in Coverage

Individuals enrolled in LTC may increase coverage at any time using the full underwriting application.

Individuals may decrease or cancel coverage at anytime.

• There is no refund of premiums other than payments received in advance following the effective date of the cancellation

Individuals must notify LTC Partners at www.ltcfeds.com prior to transferring federal agencies or retiring.

Coverage is fully portable even if enrollee separates from Federal Service.

FLTCIP Resources

OPM’s Long Term Care Website

DON’s Long Term Care Website

FLTCIP Premiums Calculator

FLTCIP FAQs

FLTCIP Login

The Federal Government is made up of two main retirement systems, the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS). CSRS covers employees who were first hired in a covered position prior to January 1, 1984. CSRS does not integrate Social Security. FERS became effective on January 1, 1987, integrates Social Security, and covers employees who were hired on or after January 1, 1984 and not eligible for the CSRS Offset. The CSRS Offset is a retirement system that integrates Social Security and includes employees who had at least 5 years of creditable civilian service prior to December 31, 1986.

employee retirement contributions

CSRS employee contributions are 7% and agency contributions are 7%. FERS employee retirement contributions are 0.8% and agency contributions are 11.2%. If an employee is in a covered position, retirement contributions are mandatory and are automatically withheld.

retirement eligibility requirements

There are currently five options for retirement. Employees must meet the age and service requirements under each category. Age and service requirements will differ for CSRS and FERS; therefore, employees should utilize the Benefits Line by calling EBIS or going to the www.opm.gov/retire site to obtain detailed information:

Voluntary/Optional Retirement is available to employees who have met the age and service requirements to retire voluntarily with an immediate annuity without any reduction.

Voluntary Early Retirement Authority (VERA)/Voluntary Separation Incentive Payments (VSIP) is an option used to assist an agency in completing a major personnel or workload change, such as a major Reduction-in-Force, with minimum disruption (otherwise known as an “early out” option).

Discontinued Service Retirement (DSR) is a type of retirement available to employees who are involuntarily separated and who receive a written notice of involuntary separation. The involuntary separation cannot be due to misconduct.

Deferred Retirement is a type of retirement where employees separate from government service prior to meeting the age and service requirements necessary for immediate annuity.

Disability Retirement is an option of retirement available to employees who are unable to perform the duties of their position due to a physical or mental disability that is expected to last at least one (1) year. The disability does not have to be work related in order to receive an annuity from OPM.

csrs retirement options and age requirements

Voluntary/Optional Retirement Age Requirements:

Minimum Age	Minimum Service
55	30 years
60	20 years
62	5 years*

* Minimum amount of creditable civilian service is 5 years.

VERA/VSIP Age Requirements:

Minimum Age	Minimum Service
Any Age	25 years
50	20 years

Discontinued Service Retirement Age Requirements:

Minimum Age	Minimum Service
Any Age	25 years
50	20 years

Deferred Retirement Age Requirements:

A CSRS employee may apply for deferred retirement at age 62. Employees must have 5 years of creditable civilian service and must not be eligible for immediate annuity. Retirement contributions cannot have been withdrawn. Employees who opt for this retirement may not reinstate health insurance and life insurance. Submit application directly to OPM via the OPM-1496 form.

Disability Retirement Age Requirement:

Minimum Age	Minimum Service
Any Age	5 years

Depending on whether employee is covered under CSRS or the CSRS Offset will determine whether or not the employee will be required to apply for Social Security disability. CSRS Offset employees must apply for Social Security Disability. Employees covered under CSRS will fill out the SF 2801 and SF-3112 forms to apply for disability retirement.

fers retirement options and age requirements

Voluntary/Optional Retirement Age Requirements:

Minimum Age	Minimum Service
MRA (55-57)	30 years
60	20 years
62	5 years
*MRA+	10 years

* Minimum amount of creditable civilian service is 5 years.

Minimum Retirement Age (MRA) Chart:

Birth Year	MRA
Before 1948	55 years
1948	55 years, 2 months
1949	55 years, 4 months
1950	55 years, 6 months
1951	55 years, 8 months
1952	55 years, 10 months
1953-1964	56 years
1965	56 years, 2 months
1966	56 years, 4 months
1967	56 years, 6 months
1968	56 years, 8 months
1969	56 years, 10 months
After 1969	57 years

FERS MRA+10 Retirement:

This type of retirement only applies to FERS employees. Employees who have met their MRA may retire with 10 years of service; however, for employees who retire under the age of 62, their annuity is reduced 5% for every year under the age of 62.

VERA/VSIP Age Requirements:

Minimum Age	Minimum Service
Any Age	25 years
50	20 years

Discontinued Service Retirement Age Requirements:

Minimum Age	Minimum Service
Any Age	25 years
50	20 years

Deferred Retirement Age Requirements:

Minimum Age	Minimum Service
60	20 years
62	5 years
MRA	10 years

A FERS employee must meet one of the two conditions to be eligible for Deferred Retirement –

1.  Employee must have separated before meeting the age and service requirements and must have had a least 5 years of creditable civilian service.

OR

2.  Employee must have 10 years of creditable service and attained their Minimum Retirement Age (MRA), and retirement contributions cannot have been withdrawn.

Disability Retirement Age Requirements:

Employees who may be eligible to retire under disability retirement must apply directly to OPM. Contact the Benefits Line at 1-888-320-2917 to speak with a benefits specialist, fill out SF-3107 and SF-3112 to submit along with a physicians statement and medical documentation to be considered for this type of retirement.

Minimum Age	Minimum Service
Any Age	18 Months

Annuity calculations

Annuity calculations for CSRS and FERS are based on a formula that combines Length of Service (the amount of creditable civilian service, military service, and unused sick leave), the average HI-3 salary, and the CSRS or FERS general formula. CSRS may contribute 100% of their unused sick leave towards retirement. FERS employees who retire on or after January 1, 2014 may contribute 100% of their unused sick leave. FERS employees who retire before January 1, 2014 may contribute 50% of their unused sick leave.

A benefits specialist contacted through EBIS will be able to calculate each employee’s specific annuity.

retirement resources

OPM-1496: Application for Deferred Retirement (Separations before October 1, 1956)

OPM-1496A: Application For Deferred Retirement, Civil Service Retirement System (Separations on or after October 1, 1956)

SF-2801: Application for Immediate Retirement (Civil Service Retirement System)

SF-3107: Application for Immediate Retirement (Federal Employees Retirement System)

SF-3112: Documentation in Support of Disability Retirement Application

CSRS/FERS Retirement Handbook

OPM Retirement Pamphlets and Publications

TSP is one of the most important benefits for eligible federal employees. TSP is a 403(a) retirement plan, which is similar to a 401(k), but is a section of the Internal Revenue Code that allows for salary deferments. TSP allows federal employees to contribute bi-weekly to a retirement savings and investment plan before tax contributions. Both EBIS and the TSP website offer services to federal employees. 

types of investment funds

G Fund – U.S. Treasury Securities (Investment is Guaranteed)
F Fund – Fixed Income Investment Fund (Bond Market)
C Fund – Common Stock Investment Index (S&P 500)
S Fund – Small Capitalization Stock Index Investment Fund
I Fund – International Stock Index Investment Fund (Europe, Australasia, and Far East Index – EAFE)
L Funds - Lifecycle Funds

• L Funds are selected based on the participant’s time horizon, or when the participant expects to start withdrawal from their TSP account. These funds are diversified accounts that are made up of the 5 major investment funds offered by the TSP

eligibility

Employees who are currently covered by CSRS or FERS are eligible to enroll in TSP. Additionally, members of the uniformed services may also enroll in TSP. Those employees who are covered by Social Security (“FICA” Only) are ineligible to enroll.

employee contributions and agency matching

All eligible employees may begin making contributions to TSP immediately. As of August 1, 2010, enrollment in TSP is automatic for newly hired Federal civilian employees. The government automatically deducts 3% from each bi-weekly paycheck and places this in the G Fund. The employee must specifically request a change in this status.

All FERS employees automatically receive a 1% contribution of the employee’s basic pay from the agency. The agency will make matching contributions of up to 5%.

CSRS employees will not receive agency contributions.

Maximum contributions are determined by the IRS. The current Elective Deferral Limit is $18,000. Employees may contribute up to this limit.

Catch-up contributions are supplemental contributions made via payroll deduction by participants who are age 50 and older who are contributing the maximum amount. The maximum amount that one can contribute to “catch-up" remains at $6,000.

vesting

Vesting is the right to keep the agency automatic 1% contributions and earnings after a time-in-service requirement. Most FERS employees are “vested” after 3 years of service. Exceptions include career SES and other executive level positions who reach the vesting period after 2 years.

CSRS employees do not require a vesting period because they do not receive the 1% agency contribution.

Vesting is calculated based on Federal Civilian Service Computation Date. All civilian service will be used in calculating this date.

tsp when employees are in a non-pay status

Since TSP contributions and Agency contributions are based on an employee’s basic pay, there will be no contributions made to TSP while employees are in a non-pay status. This includes employees on Workers’ Compensation (OWCP). Additionally, TSP Loans may not be taken out; however, inter-fund loan transfers may be made.

tsp transfers and loans

Employees may transfer eligible distributions from a traditional IRA or another eligible retirement plan into an open TSP Account using the TSP-60 Form, or newly hired employees may rollover funds within 60 days of appointment.

Transfers are not subject to the $16,500 maximum elective deferral limit set by the IRS.

Employees, in a pay status, may borrow against the employee contributions in their TSP account. A minimum loan amount is $1,000; however, the loan amount may not be more than half of the employee’s contributions and earnings and is limited to $50,000.

• There is a $50 processing fee for each loan

• There are two types of loans:

  1. Residential – Loan may only be used towards the purchase or construction of a primary residence

  2. General Purpose Loan

Employees may use the TSP-20 form or apply online at www.tsp.gov for a loan.

designating a beneficiary

Employees should use the TSP-3 Form to designate all beneficiaries. The total amount of designations must equal 100%. Wills do not constitute proper documentation for TSP designations. If no beneficiary is designated, the account balance will be paid through the Order of Preference. The Order of Preference is as follows:

1. Widow or widower

2. Child or children (equal shares)

3. Parents (equal shares)

tsp resources

TSP-3: Designation of Beneficiary

TSP-20: Loan Application

TSP Forms

EBIS Website Login

If you are a relative reporting the death of a Federal employee, please contact the personnel office where your family member was employed. We are sorry to hear of your loss. This website serves as a brief introduction to survivor and death benefits. For more detailed information, please call the EBIS line at 1-888-320-2917, or contact the employee’s personnel office. Survivor benefits are payable to a surviving spouse upon the death of an active federal employee. An active federal employee means that at the time of the employee’s death, the employee was still on the agency’s pay rolls. Benefits may also be payable to surviving children and former spouses depending on the situation. Even if the employee has filed for immediate retirement or disability retirement, if they have not been formally separated from the agency’s rolls and/or received their first annuity check, their surviving family members are eligible to receive benefits. If the employee’s death was job-related, workers’ compensation benefits may be payable.

How to apply for survivor benefits

Complete the appropriate Application for Death Benefits (SF 2800 for CSRS or SF 3104 and SF 3104B for FERS) and attach any other forms and/or evidence as the application or circumstances require.

Attach a copy of the employee’s death certificate and a copy of the certificate of the marriage to the widow or widower.

Send the completed application to:
Office of Personnel Management
Retirement Operations Center
ATTENTION: Employee Death
Post Office Box 45
Boyers, Pennsylvania 16017-0045

A widow or widower who is claiming benefits for himself or herself and on behalf of children should file one application.

specific survivor requirements under csrs

1. Surviving or Former Spouses may be eligible for the Basic Employee Death Benefit (BEDB). The BEDB is $15,000 (which is adjusted annually) plus 50% of the employee’s final salary (or average HI-3 salary, whichever is higher). To receive this entitlement, the employee must have completed at least 18 months but less than 10 years and died while subject to FERS deductions.

2. For survivor annuity, the current spouse must have been married to the employee for at least 9 months at the time of death; or, if married for less than 9 months, the employee’s death must have been accidental or there must have been a child born of the marriage.

3. Former spouses may be entitled to survivor benefits if a court order awards the former spouse the survivor annuity, if the former spouse was married to the employee for at least 9 months, the employee performed at least 18 months of creditable civilian service, and the former spouse did not remarry before reaching age 55 (unless he/she was married to the deceased for at least 30 years).  Note: If a court order establishes that a former spouse will get the survivor benefit, the current spouse will not receive a survivor benefit.

4. Children will receive survivor benefits if they are unmarried and under the age of 18. Exceptions include children between the ages of 18-22 if a full time student and children who are incapable of self support and the disability occurred prior to age 18.

when survivor benefits begin and end

Survivor benefits will begin on the day after the employee’s death in service.

Survivor benefits will end if the survivor dies. If the survivor dies, the annuity will end on the last day of the month preceding the month in which the survivor dies.

Survivor benefits will end of the survivor (if the survivor was a current spouse) remarries before the age of 55. As a remarried individual, if your spouse dies, or you get divorced, you may reclaim survivor benefits.

survivor benefits and social security

FERS and CSRS Offset children’s benefits are reduced by any Social Security benefits payable. Social Security will pay survivor benefits to the surviving spouse and dependent children of a Federal employee who was covered by Social Security (excludes CSRS).

unpaid compensation

Whenever an employee transfers agencies, an Unpaid Compensation Designation of Beneficiary Form, SF1152, must be filled out. This form will designate who will receive any unpaid compensation to include the lump sum payment of unused annual leave. To claim unpaid compensation, the survivor will fill out the SF1153 form.

continuing fehb

If you are ineligible to receive a survivor benefit, you are ineligible to continue FEHB coverage. If eligible for continuation of FEHB, premiums will be deducted from the survivor’s monthly annuity check. If the deceased employee was covered under FERS and the surviving spouse is eligible for BEDB but not for a survivor annuity, the surviving spouse may continue their FEHB coverage by making a direct premium payment to OPM. Please see OPM's FEHB continuation website for more information.

fegli benefit distribution

FEGLI benefits will be assigned based on the order of precedence.

tsp distribution

TSP will be paid based on the designation of beneficiary. If no beneficiary is designated, the order of precedence will be the manner in which the TSP will be paid.

SURVIVORS BENEFITS resources

Retirees and Survivor’s Webpage (OPM)

FEGLI Claim Form for Death Benefits

Reporting the Death of an Annuitant

Department of Navy (DON) on Employee Deaths

SF-2800: Application for Death Benefits (CSRS)

SF-3104: Application for Death Benefits (FERS)

SF-3104B: Documentation in Support of Application for Death Benefits (FERS)

survivor benefits contact information

To report the death of a current USMC employee, contact:
The Employee Benefits Line (EBIS): Telephone: (888) 320-2917 (OR)

You may also fill out the Notification of Civilian Employee Death form and email it to navybenefits@navy.mil or Fax the form to (757) 396-7826.

To report the death of a retired USMC employee, contact:
The Office of Personnel Management (OPM): Telephone: (888) 767-6738 (OR)

You may also report the death of an annuitant on OPM’s website.

The MTBP System was developed to allow DoD federal employees and military members in the National Capital Region (NCR) the ability to apply for federally subsidized mass transportation benefits. 

In January 2013, the American Taxpayer Relief Act of 2012 (H.R.8) temporarily raised the transit benefit statutory limit to $245 per month. This new amount was not intended to be permanent and expires at the end of 2013.  

Unless a new statutory limit is approved by Congress, the statutory limit will decrease to $130 per month starting January 1, 2014. Source: IRS Revenue Procedures (rp-13-35). 

Congress may still act to extend the limit above $130, but at this time agencies must proceed with what the law states as the maximum tax exempt mass transit subsidy limit. Any updates will be posted at the MTBP website ( http://www.whs.mil/MTBP/ )

This user guide is intended for DoD employees who want to enroll, recertify, change or withdraw from the Mass Transportation Benefit Program using the web based system.

All military members and civilian employees who have a Common Access Card (CAC) and access to a DoD CAC-enabled system are required to use this system to apply and participate in the Mass Transportation Benefit Program.

The MTBP links directly to the WMATA SmartTrip card program. You must obtain and register Washington Metropolitan Area Transportation Authority (WMATA) (Metro) SmarTrip® card prior to enrolling in MTBP. The card must be registered with the same first and last name as your Department of Defense (DoD) Common Access Card (CAC).

Click on the buttons to your right to access the various aspects of the MTBP System:

• To see if your chosen mode of transportation is covered by the MTBP System, click on "MTBP Services" to find the transportation method and how your MTBP benefit is applied

• Begin with the "MTBP Tutorial" to step through the process

• Use "SmarTrip Locations to find where to purchase a WMATA SmarTrip card

• If you have not done so, register your SmarTrip card at "SmarTrip Registration"

• You can apply for MTBP System benefits (or submit your monthly MTBP benefits claim) using "MTBP Application & Claims"

• For a complete downloadable Users Guide to the MTBP System benefits, click on "MTBP User Guide"

MTbp Resources

MTBP Services

SmarTrip Sales Locations

SmarTrip Registration

MTBP Application and Claims

The Drug-Free Workplace Program (DFWP) is a program designed to deter employees from using illegal drugs on or off duty. The program is aimed at identifying illegal drug users in order to maintain a safe, secure workplace and efficient operations. This is accomplished through education, identification of illegal drug use through testing, and counseling services.

WHAT TYPES OF DRUG TESTING ARE CONDUCTED?

Random Testing: Unannounced testing of employees in positions identified as Testing Designated Positions (TDPs). Selection is made on a random basis without prior announcement.

Applicant Testing: Testing required of all individuals tentatively selected for employment in a TDP within DON. Applicant testing will include current DON employees who apply for a TDP position.

Accident/Unsafe Practice Testing: Authorized Testing of any employee involved in an on-the-job accident, or who engages in unsafe, on-duty, job-related activity. This test requires a second-level supervisor approval.

Voluntary Testing: Testing of employees who are not in, but who volunteer for unannounced random testing. Further information is available from your activity Drug Program Coordinator (DPC).

Follow-up Testing: Testing of employees who undergo a counseling or rehabilitation program for illegal drug use through Civilian Employee Assistance Program (CEAP). The employees are subject to unannounced testing following completion of such a program for a minimum period of one year.

Reasonable Suspicion Testing: Testing conducted when management has reason to believe that an employee may be using illegal drugs. The suspicion must be based on specific objective facts and reasonable inferences drawn from these facts, and be documented. Approval for such testing must be received from a higher level supervisor.

WHAT IS A TESTING DESIGNATED POSITION?

A Testing Designated Position (TDP) is a position that is subject to random drug testing.

How will I know if I'm in a TDP?

Normally, the position description and job announcement will tell you if your position is subject to random drug testing. In addition, you will receive a specific notice advising you that your position will be included in the random pool for drug testing at least 30 days prior to the actual testing. You will receive one notice that will cover all random drugs tests that are conducted.

What types of positions are generally designated as TDP positions?

The criteria for designating a position as a TDP is based on the effect that the incumbent of the position could have on public health and safety or national security through failure to adequately discharge the duties of their position. Positions requiring a TOP SECRET clearance will be identified as a TDP regardless of the specific duties performed. In determining which positions to identify as TDPs subject to random drug testing, the Department of the Navy is using guidance published by the Department of Health & Human Services, Substance Abuse and Mental Health Services Administration (DHHS, SAMHSA) and case law.  The DHHS, SAMHSA guidance lists TDPs in three categories: presumptive, preferred, and discretionary.  You should review your Position Description (PD) with your Supervisor to determine if your position is a TDP.”

HOW OFTEN WILL I BE TESTED?

There is no limitation on the frequency with which an employee may be tested for illegal drug use. Under random testing, the employee will be tested whenever the sampling method used selects the employee. In addition, the employee could also be tested for some other reason, e.g., post accident, as determined necessary.

When random drug tests are conducted, are they announced in advance?

No. The selection of the individuals for random testing will always be unannounced. An employee will be notified when and where to report by his or her supervisor approximately 15 to 30 minutes before the test.

WHICH KINDS OF DRUGS WILL BE TESTED FOR UNDER THE DFWP?

Civilian employees will be tested for six drugs: Cocaine, Cannabis (Marijuana), Amphetamines, Opiates, Phencyclidine (PCP) and Ecstasy (MDMA).

WHAT IF AN EMPLOYEE OR APPLICANT REFUSES TO APPEAR FOR A TESTING?

An employee who fails to appear for testing without a deferral will be subject to disciplinary action. If an applicant for employment refuses to participate in testing, the tentative offer of employment will be canceled.

WILL AN EMPLOYEE BE FIRED FOR ILLEGAL DRUG USE?

The severity of the disciplinary action taken against an employee found to use illegal drugs will depend on the circumstances of each case and may range from a suspension to removal. In any case, however, if the employee is in a TDP, the employee will be taken out of the TDP position. Additionally, the activity must initiate disciplinary action against any employee found to use illegal drugs except for an employee who voluntarily admits to illegal drug use under the "Safe Harbor" provision. For a second finding of illegal drug use, removal action must be initiated.

WHAT RECORDS ARE BEING KEPT ON THE TESTING? WILL THE TEST RESULTS BE PART OF AN EMPLOYEE’S OFFICIAL PERSONNEL FILE (OPF)?

All drug testing information on specific individuals is confidential and will be treated as such. The Drug Free Workplace Coordinator will maintain all records relating to the DFWP including drug testing and any other authorized documentation necessary to support the program. Test results will not become part of the employee’s OPF. All locally maintained agency records pertaining to an employee’s drug test will be kept in a secure area.

WHO ADMINISTERS THE DFWP?

The DFWP Coordinator is Mr. Sam Butler. He can be reached at (703) 614-8371.

Random Testing: Unannounced testing of employees in positions identified as Testing Designated Positions (TDPs). Selection is made on a random basis without prior announcement.

Applicant Testing: Testing required of all individuals tentatively selected for employment in a TDP within DON. Applicant testing will include current DON employees who apply for a TDP position.

Accident/Unsafe Practice Testing: Authorized Testing of any employee involved in an on-the-job accident, or who engages in unsafe, on-duty, job-related activity. This test requires a second-level supervisor approval.

Voluntary Testing: Testing of employees who are not in, but who volunteer for unannounced random testing. Further information is available from your activity Drug Program Coordinator (DPC).

Follow-up Testing: Testing of employees who undergo a counseling or rehabilitation program for illegal drug use through Civilian Employee Assistance Program (CEAP). The employees are subject to unannounced testing following completion of such a program for a minimum period of one year.

Reasonable Suspicion Testing: Testing conducted when management has reason to believe that an employee may be using illegal drugs. The suspicion must be based on specific objective facts and reasonable inferences drawn from these facts and be documented. Approval for such testing must be received from a higher-level supervisor.

A Testing Designated Position (TDP) is a position that is subject to random drug testing.

How will I know if I'm in a TDP?

Normally, the position description and job announcement will tell you if your position is subject to random drug testing. In addition, you will receive a specific notice advising you that your position will be included in the random pool for drug testing at least 30 days prior to the actual testing. You will receive one notice that will cover all random drugs tests that are conducted.

What types of positions are generally designated as TDP positions?

The criteria for designating a position as a TDP is based on the effect that the incumbent of the position could have on public health and safety or national security through failure to adequately discharge the duties of their position. Positions requiring a TOP SECRET clearance will be identified as a TDP regardless of the specific duties performed. In determining which positions to identify as TDPs subject to random drug testing, the Department of the Navy is using guidance published by the Department of Health & Human Services, Substance Abuse and Mental Health Services Administration (DHHS, SAMHSA) and case law.  The DHHS, SAMHSA guidance lists TDPs in three categories: presumptive, preferred, and discretionary.  You should review your Position Description (PD) with your Supervisor to determine if your position is a TDP.”

There is no limitation on the frequency with which an employee may be tested for illegal drug use. Under random testing, the employee will be tested whenever the sampling method used selects the employee. In addition, the employee could also be tested for some other reason, e.g., post accident, as determined necessary.

When random drug tests are conducted, are they announced in advance?

No. The selection of the individuals for random testing will always be unannounced. An employee will be notified when and where to report by his or her supervisor approximately 15 to 30 minutes before the test.

The Office of Special Counsel (OSC) provides a secure channel through which current and former federal employees and applicants for Federal employment may make confidential disclosures. OSC evaluates the disclosures to determine whether there is a substantial likelihood that one of the categories listed above has been disclosed. If such a determination is made, OSC has the authority to require the head of the Agency to investigate the matter.

In addition, if you believe any actions have been taken against you as a result of reprisal for making a protected whistleblowing disclosure or for engaging in any of the protected activities outlined in 5 U.S.C. § 2302 (b) (9), you may have the option to file a complaint with the U.S. Office of Special Counsel (OSC).  “Whistleblowing” is the disclosure of information that an individual reasonably believes shows a violation of law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health or safety.  Note that personnel assigned to agencies whose primary function is intelligence, counterintelligence or national security work, as designated by the President, have limited ability to file an OSC complaint.  However, recent passage of the Whistleblower Protection Enhancement Act may impact your ability to file a complaint.  Individuals who believe they may have a whistleblower complaint should seek guidance from OSC.  However, individuals should be mindful that filing an MSPB appeal or EEO complaint each has very strict time filing requirements that will not be set aside while an employee considers OSC options. There is no specific time limit for filing a complaint with the OSC. You can file an OSC complaint at http://www.osc.gov/ or call (202) 804-7000 or email info@osc.gov.

For more information, please visit http://www.osc.gov/

All Commands are required to meet the statutory obligation to inform their workforces about the rights and remedies available to them under the prohibited personnel practice and whistleblower retaliation protection provisions of 5 U.S.C. § 2302.1. We are required to comply with several Whistleblower Protection requirements on an annual basis. 

Specifically, Commands are required to:

• Ensure employees receive yearly information about whistleblower protection laws, with new employees receiving the information within 180 days of being hired;  

• Provide annual training to supervisors on how to respond to complaints involving whistleblower protections; and

• Ensure supervisory performance is assessed on compliance with whistleblower protections.  

Required Action(s):

• Print and post the attached OSC Posters on all of your official bulletin boards within your respective departments;

• Ensure Sample Memo for Annual OSC Notification) is distributed to each employee as soon as possible. Each Command must maintain copies of the signed letters so they are readily available; and

• Ensure Supervisors Responding to Complaints PPT is distributed to all supervisors (both military and civilian) with instructions to read the training slides.

Additionally, please ensure the attached OSC Posters are placed on your local website (if you have one) and be sure to include the OSC website address as a link: http://www.osc.gov. Finally, please ensure all rating officials have the required whistleblower protection job element/performance standard in their performance plans. If you have questions regarding the required performance standard, please contact your assigned LER Specialist for assistance. 

Office of Special Counsel Policy Statement

Prohibited Personnel Practices

Whistleblower Definition

Your Rights as a Federal Employee

Sample Memo for Annual Notifications

Whistleblower Retaliation Poster

Know Your Rights when Reporting Wrongs