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NPR 3600.1C
Effective Date: September 01, 2022
Expiration Date: September 01, 2027
Printable Format (PDF)

Subject: Attendance and Leave

Responsible Office: Office of the Chief Human Capital Officer

| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | AppendixA | AppendixB | AppendixC | ALL |

Chapter 3. Leave Administration

3.1 Leave Accounting

Accounting for earned time accrued or leave taken/charged is established at 15-minute increments, except for military leave, which is charged in one-hour increments and home leave, which is charged in one-day increments.

3.2 Annual Leave

3.2.1 Employees shall request, schedule, and use annual leave in accordance with all applicable regulatory requirements and organizational policies/procedures. If an employee does not schedule annual leave or does not use leave that was approved, any resulting use or lose leave will be forfeited at the end of the leave year. Reference section 3.5 for guidance on annual leave restoration for use or lose annual leave.

3.2.2 Annual leave is considered scheduled when it has been requested by the employee and approved by the supervisor in writing. When possible, leave requests should be submitted via the Agency time and attendance system.

3.2.3 Employees and their supervisors are mutually responsible for planning and scheduling employees’ annual leave throughout the leave year. Employees shall request annual leave in a timely manner and supervisors will respond to such requests in a timely manner.

3.3 Advanced Annual Leave

3.3.1 In addition to earned annual leave, permanent employees are credited at the beginning of each leave year or upon hire with annual leave that they are expected to accrue during the leave year.

3.3.2 Supervisors will not approve advanced annual leave when it is known or reasonably expected that the employee will not return to duty, for example, when the employee has applied for disability retirement or when the employee is in a shared leave status, i.e., the status of an employee while using transferred leave in the VLTP or VLBP. In addition, supervisors should not approve advanced annual leave when the requesting employee demonstrates a pattern of excessive use of leave.

3.3.3 When an employee has used advanced annual leave and is transferring to another Federal agency without a break in service, the employee’s negative leave balance will be transferred to the employee’s new agency.

3.3.4 When an employee leaves Federal service and has used advanced annual leave, the employee will be indebted for the unearned leave, unless the NSSC, in consultation with the servicing HR office, determines that the employee is exempt from the regulatory requirement set forth in Absence and Leave, 5 CFR pt. 630.

3.4 Enhanced Annual Leave

3.4.1 There are two separate authorities for granting an enhanced annual leave benefit to new employees: Government-wide authority governed by 5 CFR pt. 630 and Agency-specific authority governed by the statute for Annual Leave Enhancements, 5 U.S.C. § 9812. The annual leave enhancement benefit under the Agency-specific authority applies to Agency employees only and may not be transferred to another Federal agency except as provided for by Federal law/regulations.

3.4.2 This authority may only be used for a newly appointed or reappointed employee in accordance with the provisions of 5 CFR § 630.205 or 5 U.S.C. § 9812(a). This authority may not be used in connection with a political appointee (i.e., Schedule C position), a senior-level or SES position, or any position with a rate of basic pay greater than the rate payable at the GS-15, step 10 level.

3.4.3 OICs of Headquarters Offices and Center Directors may determine that a period of qualified non-Federal service is creditable for leave accrual rates and approve enhanced annual leave. All or a portion of a period of creditable service may be used to determine an employee’s annual leave accrual rate. This approval authority may be re-delegated.

3.4.4 Under the NASA Flexibility Act of 2004, approving officials will consider the individual’s skills and the degree to which they are essential to the organization or the Agency’s success as well as the degree of difficulty in obtaining the required skill(s). When approving the incentive under the Federal-wide authority, the determination will be consistent with applicable regulatory requirements.

3.4.5 The servicing HR office shall ensure that decisions to authorize the enhanced leave benefit for the purposes of a recruitment incentive are documented in accordance with applicable law/regulations.

3.5 Use or Lose Annual Leave

3.5.1 Use or lose annual leave is excess annual leave which exceeds the maximum carryover limit for Federal employees. Typical carryover limits are 240 hours (i.e., 30 days) for employees stationed within the United States and 360 hours (i.e., 45 days) for employees stationed overseas. Any accrued annual leave above the carryover limit will be forfeited if it is not used by the final day of the leave year.

3.5.2 For use or lose leave to be eligible for restoration, either due to sickness or an urgent need for the employee to be at work (i.e., an exigency of public business), the use or lose annual leave will be scheduled before the start of the third biweekly pay period prior to the end of the leave year.

3.5.3 Employees who would forfeit annual leave in excess of the maximum annual leave allowable carryover because of their work to support the Nation during a national emergency, will have their excess annual leave deemed to have been scheduled in advance and eligible for leave restoration.

3.5.4 Supervisors shall approve a timely leave request for use or lose annual leave, unless a Center Director or OIC has determined that there is an exigency of the public business that results in an urgent need for certain employees to be at work which precludes excusing the employee from duty.

3.5.5 When there is an exigency of the public business, as declared by a Center Director or OIC of Headquarters Offices, supervisors may cancel leave requests for use or lose annual leave. Each request will consider factors such as cost, productivity, schedules, safety, health, effect of postponement, and whether other employees, who would not have to forfeit annual leave, could be assigned to perform the work. Except where made by the head of the Agency, the determination may not be made by any official whose leave would be affected by the decision.

3.5.6 An employee’s use of earned compensatory time-off, time-off awards, or credit hours does not constitute an exigency of the public business. If the use of time off results in the forfeiture of annual leave, the forfeited leave cannot be restored.

3.5.7 Supervisors are authorized to restore use or lose annual leave that was forfeited due to an administrative error that was beyond the employee’s control or due to an illness 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.

3.5.8 When use or lose annual leave is restored, supervisors shall document the employee’s subsequent written requests to schedule restored leave. If an approved request for use or lose or restored leave is subsequently cancelled the reason for the cancellation will be documented in writing.

3.5.9 The expiration date of restored annual leave is the end of the leave year in which the two-year anniversary date of restoration occurs. Leave that is not used by this deadline may not be restored again unless an employee’s ability to take leave was hindered due to a declared national emergency.

3.6 Sick Leave/Advanced Sick Leave

3.6.1 Supervisors will notify employees of established organizational policies and procedures for requesting sick leave and any requirements for providing administratively acceptable evidence.

3.6.2 Supervisors may approve requests for advanced sick leave in the same manner as they approve sick leave. Supervisors will not approve requests for advanced sick leave when it is known or reasonably expected that the employee will not return to duty, which would result in a negative sick leave balance upon separation. Approvals will be made in coordination with the servicing HR office, when appropriate, and in accordance with all regulatory requirements.

3.6.3 At the request of the employee, supervisors may grant sick leave to an employee on annual leave for any of the purposes for which sick leave may be granted.

3.6.4 In addition to using sick leave for an employee’s own medical reasons, employees may also use sick leave for family care or bereavement purposes. Full-time employees are entitled to up to 104 hours (13 days) of sick leave each leave year for general family care and bereavement or up to 480 hours (12 weeks) of sick leave to care for a family member with a serious medical condition. These amounts are prorated for part-time employees in accordance with applicable law/regulations. Employees should consult with their servicing HR office or supervisor to determine appropriate uses of sick leave for family care or bereavement purposes.

3.6.5 An employee is entitled to use sick leave when he or she is absent from work for purposes related to adoption of a child. There is no limitation on the amount of sick leave that may be used for adoption-related purposes. Sick leave for adoption-related purposes does not count towards the 13-day limit of sick leave each leave year for family care and bereavement purposes or the overall limit of 12 weeks of sick leave each year for all family care purposes.

3.6.6 An employee who is absent due to sickness will notify his or her supervisor or other appropriate person as early as practicable on the first day of such absence, or as soon as possible thereafter.

3.6.7 Notification of a requirement to provide additional supporting evidence beyond the employee’s own certification should be given to the employee in advance.

3.7 Family and Medical Leave Act (FMLA)

3.7.1 Most employees are entitled to receive up to 12 administrative workweeks of unpaid leave, also known as leave without pay (LWOP) in accordance with 5 CFR pt. 630 subpt. L during any 12-month period for the reasons outlined in 5 CFR 630.1203. An employee may elect to substitute available paid parental leave for any FMLA unpaid leave granted under 5 U.S.C. § 6382(a)(1)(A) or (B). An employee may also elect to substitute any of the employee’s accrued or accumulated annual or sick leave for any part of the 12-week period of leave granted under 5 U.S.C. § 6382(a)(1)(C), (D), or (E), but only to the extent such paid leave is permitted under current law or regulation.

3.7.2 Supervisors shall approve leave requests for employees eligible for FMLA that meet notification and medical certification requirements in accordance with regulation without regard to any other leave usage by the employee for the same or other circumstances. Leave may be taken intermittently or on a reduced leave schedule when medically necessary. Employees will work with the supervisor in advance of taking leave under FMLA, when possible, to aid the organization in planning a strategy for accomplishing work objectives.

3.7.3 Employees shall submit FMLA leave requests in advance in accordance with regulatory requirements in 5 CFR pt. 630. Notice requirements vary depending on the circumstances, for example, regulations require a notice period of not less than 30 calendar days before the leave is to begin for a foreseeable extended absence or as soon as possible if 30-day advance notice is not practicable. Employees may retroactively invoke their entitlement to FMLA leave only if the medical situation was an emergency, advance notice was not practicable, and notice is given as soon as reasonably possible.

3.7.4 The FMLA also covers leave to care for a military service member with a serious injury or illness (also known as military caregiver leave). Eligible full-time employees may substitute up to 26 administrative workweeks of accrued and accumulated sick leave in a single 12-month period to care for a service member in accordance with OPM rules for the substitution of sick leave for unpaid family and medical leave to care for a covered servicemember, 5 CFR § 630.403. These amounts are prorated for part-time employees in accordance with applicable law/regulations.

3.8 Paid Parental Leave

3.8.1 The provisions of paid parental leave allow management officials to authorize certain employees, who are otherwise eligible, the option to substitute up to 12 weeks of unpaid leave under FMLA with paid leave in conjunction with the birth, adoption, or foster placement of a child. Employees are required to invoke FMLA to be eligible for paid parental leave and may elect to substitute paid parental leave for unpaid FMLA.

3.8.2 An employee shall meet FLMA eligibility requirements and invoke FMLA before requesting use of paid parental leave.

3.8.3 Employees are not required to exhaust their sick or annual leave balances prior to being eligible for paid parental leave.

3.8.4 Employees are required to submit documentation supporting the request for this type of leave. Supporting documentation at a minimum should identify the parental affiliation and the date of the event (i.e., birth, adoption, or foster care placement). At a supervisor’s discretion, additional documentation may be requested.

3.8.5 Before the commencement of paid parental leave, the employee is required to agree in writing to work for NASA for not less than a period of 12 workweeks beginning on the date such leave concludes regardless of the actual amount of leave used. If an employee fails to complete the service agreement, NASA will recover from the employee the total amount of Government contributions paid to maintain the employee’s Federal Employees Health Benefits (FEHB) coverage during the period of leave. This provision does not apply to employees who fail to return to complete the service agreement due to the continuation, recurrence, or onset of a serious health condition of the employee or the child or due to any other circumstances beyond the control of the employee. Circumstances that constitute a matter of employee preference or convenience, such as an employee choosing to stay home to care for a healthy newborn, will not suffice.

3.8.6 Paid parental leave can only be used within 12 months of the date of the birth or placement of the child. It does not accumulate for any subsequent use. If the parental role ends during the 12-month period, the eligibility to substitute paid parental leave under FMLA also concludes at the same time the parental role ceases.

3.8.7 Use of paid parental leave is appropriate when taken to care for a newly born or placed son or daughter. This generally refers to leave covering periods when the employee is in the home with the child or is otherwise involved in spending time with the child, i.e., bonding. It may include short periods away from the child’s physical presence to purchase supplies needed to care for the child (e.g., buying baby food, diapers, or other supplies). It is not appropriate for employees to request paid parental leave if they will not be engaged in activities directly connected to care of the child or bonding with the child during the period of leave.

3.8.8 If an employee believes that the decision to deny a leave request under FEPLA did not fully comply with the rights and requirements provided by Title II of the FMLA and OPM’s implementing regulations at 5 CFR 630, the employee may file a grievance under applicable Agency administrative procedures or negotiated grievance procedures.

3.8.9 Employees can be authorized to use this type of leave intermittently, subject to section 3.8.6; however, intermittent use requires prior authorization from the supervisor.

3.9 Weather and Safety Leave

3.9.1 In accordance with 5 CFR pt. 630, weather and safety leave is authorized when weather or other safety-related conditions prevent employees from safely traveling to or safely performing work at an approved location.

3.9.2 Weather and safety leave is typically authorized in conjunction with an Agency or Center operating status announcement.

3.9.3 Employees may be granted weather and safety leave during closures, early dismissals, and delayed arrivals if they are prevented from safely traveling to or safely performing work at a location approved by the Agency. For information on telework requirements during an emergency situation, see NPR 3600.2, Chapter 9.

3.9.4 All telework eligible employees (i.e., employees on an Agency-approved telework agreement) are ineligible for weather and safety leave when a closure is announced, unless the supervisor grants an exception based on the following situations:

a. In the supervisor’s judgment, the employee could not have reasonably anticipated the severe weather or other emergency condition and therefore did not take home needed equipment or work (e.g., earthquake, severe unexpected weather change, etc.).

b. When the employee is prevented from working at the telework site because of the severe weather and safety event, for example a power failure, flooding, roof collapse, or other unsafe conditions at the telework site.

3.9.5 A telework eligible employee shall be prepared to work from home during an anticipated weather and safety event and during a Center closure even if it is not a regularly scheduled telework day, unless the Agency, Center, or supervisor has approved an exception in accordance with the regulation or OPM guidance. If a teleworker prefers not to work or is unable to work due to other than weather or safety-related reasons that do not prevent telework, the employee may request leave.

3.9.6 Employees on pre-approved leave are not eligible for weather and safety leave, unless the employee cancels the pre-approved leave due to their leave plans being disrupted by the weather and safety event (e.g., cancelled medical appointment, cancelled scheduled flight). This type of leave would only be appropriate if the supervisor determines a telework eligible employee is not telework ready through no fault of their own. Cancellation of leave is subject to supervisory approval under these circumstances.

3.9.7 While in a telework status, when a young child or other person requiring the presence of a caregiver is present in the home, any time an employee spends providing care to such individuals would not be considered hours of work. Employees shall account for work and non-work hours during the scheduled workday and request an appropriate leave type to provide such care.

3.9.8 Centers shall issue operating status announcements for Center or facility closures, dismissals, or delayed arrivals to employees (or instructions to supervisors of affected groups of employees) who report to offices outside of the Washington, DC area using the terminology set forth in Government-wide guidance, including the use of “weather and safety leave” instead of administrative leave or excused absence when approving an absence without charge to leave or loss in pay due to severe weather and other qualifying emergency situations.

3.9.9 Employees who report to offices located inside the Washington, DC area, which is defined as locations inside the Washington Capital Beltway, will follow OPM operating status announcements.

3.9.10 Employees shall monitor forecasted weather and safety events affecting their locations.

3.9.11 Supervisors shall communicate known anticipated weather and safety events to their employees to ensure that they are prepared to telework during the event. If a supervisor fails to inform an employee of an anticipated weather event, this does not automatically entitle the employee to weather and safety leave if they are deemed not telework ready. It is still the responsibility of the employee to monitor for these events as well.

3.9.12 Weather and safety leave is not authorized for remote workers, i.e., employees who perform work full-time at an alternative location (e.g., employee’s residence), unless the weather and safety event directly affects the alternative worksite (e.g., loss of power or unsafe condition of the alternate worksite).

3.9.13 Servicing HR Directors will report operating status announcements to the workforce, CHCO, Deputy CHCO, and Chief, Human Resources Division at the NSSC as soon as practicable after the determination is made.

3.10 Military Leave

3.10.1 Supervisors shall grant employees, permanent and temporary, who are members of the National Guard or Reserve components of the Armed Forces military leave upon notification of military duty or training.

3.10.2 Unless prevented by military necessity, an employee shall inform the supervisor prior to departing for military training or service.

3.10.3 5 U.S.C. § 6323(a) provides 15 days per fiscal year for active/inactive duty, funeral honors duty, and certain types of training. An employee can carry over a maximum of 15 days into the next fiscal year.

3.10.4 5 U.S.C. § 6323(b) provides 22 workdays per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. This leave is provided for employees who perform military duties in support of civil authorities in the protection of life and property or who perform full-time military service as a result of a call or order to active duty in support of a contingency operation as defined in section 101(a)(13) of title 10, U.S.C.

3.10.5 5 U.S.C. § 6323(c) provides unlimited military leave to members of the National Guard of the District of Columbia for certain types of duty ordered or authorized under title 49 of the District of Columbia Code.

3.10.6 5 U.S.C. § 6323(d) provides that Reserve and National Guard Technicians only are entitled to up to 44 workdays of military leave for duties overseas under certain conditions.

3.10.7 Employees shall submit supporting documentation for military leave that reflects the dates of the military duty or training to the supervisor and the NSSC Payroll Office within two full pay periods of returning to work. The NSSC Payroll Office requires the supporting documentation to validate the usage of military leave as part of the payroll validation process. If supporting documentation is not submitted timely, the leave may be changed to another appropriate leave type. Supporting documentation may include, but is not limited to discharge papers, leave and earnings statements, school completion certificate, endorsed orders, or a letter from a proper military authority to establish the length and character of service.

3.10.8 An employee who does not provide the required documentation within the specified period is not entitled to military leave, unless an extension is approved. The supervisor may approve an extension for up to 30 days if the delay is due to circumstances outside of the employee’s control. In this case, the supervisor will submit the approved extension notification to the NSSC payroll office.

3.10.9 The NSSC payroll office shall maintain supporting documentation in accordance with the Agency’s record retention schedule.

3.10.10 Military leave is credited to a full-time employee on the basis of an eight-hour workday. The minimum charge to leave is one hour. An employee may charge military leave only for hours that the employee would otherwise have worked and received pay.

3.11 Disabled Veteran Leave

3.11.1 Disabled veteran leave is available to employees hired on or after November 5, 2016, with a service-connected disability rated at 30 percent or more for the purposes of undergoing medical treatment for such disability for which sick leave could regularly be used. Disabled veteran leave is available for 12 months following the Agency’s eligibility determination. There are no provisions to carry over disabled veteran leave. Leave that is not used during the 12-month eligibility period is forfeited.

3.11.2 Eligibility will be determined according to the employee’s SF-15, Application for 10-Point Veteran Preference, and the DD-214 (Member 4 copy), Certificate of Release or Discharge from Active Duty, and a letter from the Veterans Administration stating the percentage of the disability. Once the employee is determined eligible, the NSSC will update the personnel system so that the employee will be able to request disabled veteran leave in the Agency time and attendance system.

3.11.3 Eligible full-time employees will be credited up to 104 hours of disabled veteran leave all at once upon being newly appointed as a Federal employee or once the employee is determined eligible. These amounts are prorated for part-time employees in accordance with applicable law/regulations. The hours will be offset by any sick leave balance currently credited to the employee. Eligible employees need only self-certify that the disabled veteran leave is being used (or was used) for medical treatment for the qualifying service-connected disability.

3.12 Court Leave

3.12.1 An employee is entitled to paid time off for service as a juror or witness in a judicial proceeding in which the Federal, a state, or a local government is a party. An employee is responsible for informing their supervisor if they are excused from service as a juror or witness. The employee shall submit court provided documentation to the supervisor and NSSC Payroll Office upon return from court leave within two full pay periods. If supporting documentation is not submitted timely, the leave may be changed to another appropriate leave type. If an employee is summoned as a witness in an official capacity on behalf of the Federal Government, court leave would not be appropriate since they would be in an official paid duty status.

3.12.2 An employee who does not provide the required documentation within the specified period is not entitled to court leave, unless an extension is approved. The supervisor may approve an extension for up to 30 days if the delay is due to circumstances outside of the employee’s control. In this case, the supervisor will submit the approved extension notification to the NSSC payroll office.

3.12.3 The NSSC payroll office shall maintain supporting documentation in accordance with the Agency’s record retention schedule.

3.12.4 In exceptional situations in which the public interest would be served better by an employee remaining at work, the OIC/Center Director (or designee) shall submit a letter to the court that has ordered the employee to report for jury duty explaining the facts and requesting that the employee be released from jury duty.

3.13 Organ Donor/Bone Marrow Donor Leave

3.13.1 An employee is entitled to use up to seven days of paid leave to serve as a bone-marrow donor and up to 30 days of paid leave each calendar year to serve as an organ donor.

3.13.2 The entitlement to donor leave is subject to the employee submitting written medical certification issued by the health care provider (see definition in Appendix A) as soon as possible and no later than two full pay periods after returning to work. The certification will indicate the type of donation being made, the start date, and the anticipated return to duty date.

3.13.3 An employee who does not provide the required documentation within the specified period is not entitled to organ or bone marrow donor leave, unless an extension is approved. The supervisor may approve an extension for up to 30 days if the delay is due to circumstances outside of the employee’s control. In this case, the supervisor will submit the approved extension notification to the NSSC payroll office.

3.14 Funeral Leave for Family Members of Military

3.14.1 Employees are entitled to up to three days of funeral leave, without charge to personal leave balances, to make arrangements for, or attend the funeral or memorial service for an immediate relative who died as the result of a wound, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone in accordance with 5 CFR pt. 630.

3.14.2 Refer to Section 3.6.4 for additional guidance regarding the use of sick leave for all other bereavement and funeral planning purposes.

3.15 Leave Without Pay (LWOP)

3.15.1 Extended LWOP should only be approved when it is in the best interest of the Agency and when there is a reasonable expectation that the employee will return at the end of the approved period. Supervisors will consult with the servicing HR office prior to approving LWOP for more than 30 days.

3.15.2 LWOP is normally not granted when earned annual or sick leave is available, unless the employee is requesting leave under the FMLA. When an employee invokes FMLA, the employee’s annual and sick leave balance is not a factor in granting a request for LWOP.

3.15.3 All requests for LWOP will be submitted in writing by the employee.

3.15.4 In most cases, the authorization of LWOP is a matter of supervisory discretion. Supervisors who find themselves in a situation where they feel it is appropriate to place an employee on LWOP without the employee’s consent should consult with their servicing HR office for guidance on other options.

3.16 Absent Without Leave (AWOL)

3.16.1 AWOL is a non-pay status that covers an absence from duty that has not been approved or has been denied by the employee’s supervisor. AWOL is considered misconduct and may be subject to discipline.

3.16.2 Supervisors shall record instances of AWOL in the Agency time and attendance system and address attendance issues with employees promptly.

3.16.3 If the supervisor is aware or should be aware that an employee is too ill to request sick leave, the supervisor should consider granting sick leave in lieu of coding the employee AWOL.

3.16.4 Supervisors should consult with the servicing HR office for guidance on handling attendance issues.

3.17 Home Leave for Employees Assigned Overseas

3.17.1 Home leave is a period of approved absence with pay for employees stationed outside of the United States. Employees who meet the statutory requirements described in Annual Leave; Accumulation, 5 U.S.C § 6304(b) for the maximum of 45 days of annual leave and who are recruited for overseas duty from the U.S. are entitled to home leave.

3.17.2 The NSSC will advise employees on eligibility requirements, determine when an employee is eligible for home leave, and if eligible, the rate at which the employee will earn home leave in accordance with 5 CFR pt. 630. Employees’ home leave balances will be noted on the employees’ leave and earnings statements.

3.17.3 Employees will request home leave similar to any other leave request and include the destination. Supervisors will coordinate with NSSC as needed to validate eligibility, that the number of days on the request is authorized, and that the destination is authorized for the use of home leave.

3.17.4 The eligibility date for home leave is normally 24 months from the date the employee arrived at the duty location unless the employee has completed 24 continuous months on a previous assignment to an overseas location. In that case, the eligibility date to use home leave will be the date of arrival at the overseas location. There is no authority available that would allow this requirement to be waived.

3.17.5 Employees should have at least six months remaining on their overseas tour after completing home leave unless the supervisor grants an exception in advance for circumstances that were beyond the employee’s control in accordance with 5 CFR 630.606(e). Supervisors shall document exceptions in writing and include the reason(s) for the exception.

3.17.6 An employee who would otherwise be indebted for using home leave may request a waiver of home leave reimbursement if one of the following reasons apply:

a. The employee completed or is expected to complete not less than six months of service in an assignment in the United States following the period of home leave;

b. The employee’s failure to return was due to compelling personal reasons of a humanitarian or compassionate nature, such as physical or mental health issues or circumstances beyond the employee’s control; or

c. The Agency determines that it is in the public interest not to return the employee to his/her overseas assignment.

3.17.7 Waiver requests will be documented in writing and describe the reasons for the waiver. Such requests will be decided in accordance with the Agency debt waiver process. When a determination is made that the employee is indebted, and a refund of home leave is required, the employee’s home leave will be charged to annual leave or, when there is an insufficient annual leave balance, from other available paid time in accordance with Agency procedures.

3.18 Annual Leave Accumulation for Employees Assigned Overseas

3.18.1 GS employees assigned outside of the United States who meet the requirements at 5 U.S.C. § 6304(b) are entitled to carry over into the new leave year up to 45 days (360 hours) of annual leave. Upon return to the United States, an eligible employee may continue to carry over up to the 360-hour annual leave balance into the next leave year. However, if the amount of leave falls below 360 hours at any time during the leave year, the maximum amount of allowed leave becomes either the new leave balance or the standard 240, whichever is higher.

3.18.2 The NSSC will advise employees on eligibility requirements, determine when an employee is eligible for the 45-day annual leave accumulation, and notify the payroll office of the effective date of the employee’s eligibility. The employee’s leave and earnings statement will reflect a new calculation for use or lose annual leave based on the increase for up to 45 days.

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This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.