The Federal Government offers numerous leave and work scheduling
flexibilities to assist employees in meeting their work and family
obligations. The administration of these flexibilities typically is
addressed in agency internal policies and/or collective bargaining
agreements.
SICK LEAVE
An employee may use sick leave for purposes related to the adoption of
a child. Examples include but are not limited to:
- Appointments with adoption agencies, social workers, and attorneys,
- Court proceedings,
- Required travel,
- Any periods of time during which adoptive parents are ordered or
required by an adoption agency or by 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.
An agency may request administratively acceptable evidence for the use
of sick leave for absences related to adoption proceedings.
Both adoptive parents may use up to 12 weeks of sick leave each year to
care for a child with a serious health condition. Both parents may use up
to 13 days of that 12-week period to care for a child with a minor illness
or to accompany a child to a medical, dental, or optical appointment. An
agency may request administratively acceptable evidence of a child’s
illness or treatment. Parents may not use sick leave to be absent from
work to bond with or care for a healthy child.
ANNUAL LEAVE
Adoptive parents may use annual leave for purposes related to the
adoption of a child. In addition, adoptive parents may use annual leave to
be absent from work to bond with or care for a healthy child. The use of
annual leave is subject to the right of the supervisor to approve a time
at which annual leave may be taken.
ADVANCE ANNUAL AND SICK LEAVE
An agency may advance annual and/or sick leave for adoption-related
purposes. An agency may advance the amount of annual leave an employee
would accrue during the remainder of the leave year. An agency may advance
a maximum of 30 days of sick leave to each parent for adoption-related
purposes. An agency may advance each parent up to five days of sick leave
to care for a child who is ill.
FAMILY AND MEDICAL LEAVE
Each parent is entitled to use a total of up to 12 weeks of leave
without pay under the Family and Medical Leave Act (FMLA) for adoption and
care of a newly adopted child. Subject to the supervisor’s approval,
FMLA leave may be used on an intermittent basis for absences in connection
with adoption. An employee may elect to substitute annual leave and/or
sick leave for any or all of the leave without pay used under the FMLA,
consistent with the laws and regulations for using annual and sick leave.
(See SICK LEAVE, above, for the limitations on the use of sick leave for
adoption and family care.) An employee’s entitlement to FMLA leave
expires 12 months following the date of placement of a child for adoption.
DONATED LEAVE UNDER THE VOLUNTARY LEAVE TRANSFER AND LEAVE BANK
PROGRAMS
If either the mother or father exhausts her or his sick and/or annual
leave, she or he may receive donated annual leave under the employing
agency’s voluntary leave transfer and/or leave bank programs. The
Federal leave sharing program allows Federal employees to donate annual
leave to assist another Federal employee who has a personal or family
medical emergency and who has exhausted her or his own available paid
leave. An employee may receive donated annual leave from both the agency
leave transfer and leave bank programs. Donated annual leave may be used
only for a medical emergency--e.g., to care for a child with a serious
health condition--and may not be used to care for or bond with a healthy
child.
LEAVE WITHOUT PAY
Subject to supervisory approval, both parents may use leave without pay
for adoption proceedings or to be absent from work to bond with or care
for a newly adopted child. Supervisors should refer to agency internal
policy and negotiated bargaining union agreements prior to approval.
FLEXIBLE WORK SCHEDULES
If the work requirements and agency needs permit, an employee may
consider working a flexible work schedule. Flexible work schedules enable
employees to select and alter their work schedules to better fit their
personal needs and help balance work, personal, and family
responsibilities.
TELEWORKING
Under an agency’s telework policy, new parents may be permitted to
work at home or from a remote telework site. Teleworking can provide
employees with valuable additional time to spend with their family members
by reducing commuting time. However, teleworkers should not be caring for
family members while they are working from their home or alternative
worksite.
For more information on the Federal Government’s leave and
work scheduling flexibilities, please visit the Office of Personnel
Management’s Web site at www.opm.gov/oca.
REFERENCES
5 U.S.C. chapters 61 and 63
5 CFR parts 610 and 630