MS 635: Absence and Leave

Table of Contents

Attachments

Table of Contents

Attachments

Attachment A    Request for Leave or Approved Absence

Attachment B    Home Leave Earning Table

Attachment C    Home Leave Travel Authorization

1.0 Purpose

This manual section establishes Peace Corps' policy and procedures on absence and leave.

2.0 References

• Title 5, United States Code (USC) Chapter 61 - Sections 6101-6105and Chapter 63 - Sections 6301-6312 and 6321-6326 (includes Annual and Sick Leave Act of 1951 as amended herein referred to as Leave Act).
• Federal Personnel Manual (FPM) Supplement 990-1 and 2 and FPM Chapters 610 and 630.
• Volume 3, Foreign Affairs Manual (FAM) Sections 420, 430, 440, 460, 470 and 490.
• Volume 5, Code of Federal Regulations, (CFR) Parts 610 and 630.

3.0 Scope

3.1 Employees Covered

All Peace Corps employees serving on full-time or part-time appointments, except as excluded in

3.2. Employees Excluded

The following employees are excluded:

• Employees appointed by the President whose rate of basic pay is higher than the maximum rate under the Foreign Service Schedules.
• Intermittent employees for whom a regular tour of duty during each administrative workweek has not been established in advance.
• Foreign national employees who occupy positions outside the United States. See Volume 3, FAM, Sections 910 and 914 for applicable regulations.

4.0 Definitions

The following terms commonly used for leave administration are defined for purposes of clarity:
Accrued Leave - leave earned by an employee during the current leave year that is unused at any given time in that leave year.
Accumulated Leave - the unused leave remaining to the credit of an employee at the beginning of a leave year.
Administrative Workweek - the period beginning Sunday and ending Saturday.
Advance Leave - leave (sick and annual) granted before it is earned.
Break In Service - for purposes of this manual section, a break in service is one full workday between periods of employment.
Contagious Disease - an illness or disease requiring isolation of the patient, quarantine, or restriction of movement by the patient for a specified period as prescribed by health authorities having jurisdiction.
Excused Absence - absence administratively authorized or approved which does not result in a charge to leave of any kind or in loss of basic salary.
Furlough - temporary nonpay status and absence from duty by appointing authority because of lack of work, or funds, or military duty.
Intermittent Employees - employees who work on an irregular basis for which there is no prearranged scheduled tour of duty.
Leave for Maternity Purposes - a combination of as many as three kinds of leave (sick leave, annual leave and leave without pay) granted to female employees for physical examinations, confinement, and recuperation in connection with pregnancy.
Leave for Paternity Purposes - leave (annual leave or leave without pay) granted to a male employee for purposes of assisting or caring for his minor children or the mother of his newborn child while she is incapacitated for maternity reasons.
Leave Year - the period from the beginning of the first day of the first full pay period in one calendar year to the beginning of the first day of the first pay period In the next calendar year.
Medical Certificate - written statement signed by a registered practicing physician, or other practitioner, certifying to the period of disability of an employee while under professional care and to the employee's ability to return to duty.
Part-time Employees - employees who are appointed for less than 40 hours per week but for a definite number of hours on a prearranged scheduled tour of duty made at time of appointment.
Permanent Employees - employees appointed without limitation as to length of service, wish an indefinite limitation, or for a definite period in excess of one year.
Personal Certificate - a signed statement by the employee indicating the nature of the illness and the reason(s) why a medical certificate is not furnished.
Restored Leave - annual leave held in a separate account as a result of an administrative decision to permit an employee to carry forward more than the maximum permitted.
Suspension - temporary nonpay status and absence from duty required by the appointing authority for disciplinary reasons, or pending inquiry.
Temporary Employees - employees appointed either full-time or part-time for a definite period of time not exceeding one year.
Tour of Duty - the hours and days during the administrative workweek, fixed in advance, during which the employee regularly is required to be on duty.
Travel Time - time actually and necessarily occupied by an employee in going to and from an overseas post of duty and such time as may be necessarily occupied in awaiting sailing or flight, as well as time spent in change to another official station within the United States of America.
United States - the several states of the United States of America and the District of Columbia.
Unliquidated Advance (or Overdrawn Leave) - that part of advanced leave which has not been recovered by earned leave or by refund.

5.0 Policy

5.1 Administration of Leave

5.1.1 Responsibilities

The administration of leave requires the operation of an orderly system whereby the rights of employees to earn, accumulate, and take leave are protected; and the administrative responsibilities of supervisory officials to grant, deny, credit, charge, transfer, and record leave are exercised legally and properly.
Operating offices are responsible for the payroll aspects of leave administration, including the reporting of time and attendance, the methods of posting leave, and the maintenance of employees' official leave accounts, including separate leave accounts for restored annual leave.

The Associate Directors, General Counsel, ORPS Service Center Directors, Directors of Staff Offices, and Peace Corps Country Directors are responsible for the administration of leave within these instructions, for the employees under their respective jurisdiction. The authority to approve leave and certify time and attendance records is delegated to the immediate supervisor unless otherwise determined by his or her superior. The approving official shall:

• Assure that leave granted to an individual is legal and justifiable;
• Identify problems of leave abuses, tardiness and absenteeism and establish and/or recommend corrective measures;
• Request interpretation of these instructions and seek advice of personnel specialists as needed;
• Advise employees on leave matters;
• Insure that annual (vacation) leave Is scheduled for use so as to prevent loss of accrued leave at the end of the leave year and to assure that the functions of the office are not impaired; and
• Insure that restored annual leave Is used as expeditiously as possible.

The employee is responsible for:

• Planning and requesting an annual (vacation) leave schedule early in the leave year for the approval of the supervisor;
• Requesting leave in advance for known time-off needs, e.g., dental, medical, and optical appointments, securing driving permit, attending conferences or conventions, etc.;
• Contacting the supervisor within two hours of the usual reporting time of the first day of absence to request leave when an emergency or illness occurs that prevents the employee from reporting to work; and
• Providing medical and personal certificates or other evidence as required by these instructions.

5.1.2 Recording of Leave

All leave will be computed and recorded in units of one hour, except that absences without leave (AWOL) will be charged In an exact amount of time to the minute. Absences on separate days are not combined, e.g., If an employee is absent a half hour on two separate days, the minimum charge for each day is one hour.

5.2 Sick Leave

Sick leave is an absence of duty with pay requested by an employee for health reasons.

5.2.1 Sick Leave Administrative Responsibility

It is the responsibility of supervisors to approve requests for sick leave for any of the reasons prescribed in paragraph 5.2.3.1. If there is doubt as to whether the employee's absence is due to any of these reasons, the supervisor will satisfy himself or herself on this point before approving the charge to sick leave. (Authorities for approving advance sick leave are described in paragraph 5.2.5.1. below.)

5.2.2 Accrual of Sick Leave

Under the provisions of the Annual and Sick Leave Act of 1951, as amended, sick leave accrues as follows:

5.2.2.1 Full-Time Employees

Full-time employees, both within and outside the continental United States, including permanent, Indefinite, limited, and temporary employees, accrue sick leave at the rate of one half day (four hours) for each full biweekly pay period while In pay status or combination of pay and non-pay status, provided non-pay status totals less than 80 hours.

5.2.2.1.1 Crediting of Sick Leave Accruals

Sick leave Is credited at the beginning of the biweekly pay period In which it is earned and is available for use during or after that pay period. The credit for the current pay period is not considered as "advance" leave unless the employee is separated before the end of the pay period.

5.2.2.2 Employees Other Than Full-Time

5.2.2.2.1 Part-time Employees

Part-time employees (employees having a regular prearranged tour of duty of specific hours or days in the administrative workweek, but less than a full workweek) accrue sick leave at the rate of one hour each 20 hours in pay status.

5.2.2.2.2 Intermittent Employees

Intermittent employees (employees not having a regular prearranged tour of duty) are excepted from the provisions of the Leave Act and, therefore, are not entitled to earn sick leave.

5.2.2.3 Pay Status of Less Than a Full Biweekly Pay Period

Sick leave will not be earned for periods in pay status of less than a full biweekly pay period where the employee enters or leaves the service during a biweekly pay period.

Sick leave will be prorated for fractional pay periods occurring within the continuity of employment when the service of the employee is interrupted by a nonleave earning period. An employee is entitled to such a credit when he or she transfers between positions with different pay periods or undert circumstances such as immediately prior to or following a pay period when the employee:

• Is receiving disability compensation under the employee's compensation act;
• Exercises regulatory or statutory restoration rights after military service in the Armed Forces; or
• Is returned to a position after a period of unwarranted suspension or removal for which retroactive compensation is paid.

5.2.2.4 Accrual While in Nonpay Status

A full-time employee earns sick leave while in a nonpay status provided the nonpay status totals less than 80 hours. When the aggregate of nonpay status equals the number of hours in one pay period (80 hours) or multiples thereof within the leave year, the credits for sick leave will be reduced by the amount earned during one pay period (four hours) at the time the 80 hour total is reached. In determining the reduction of sick leave accruals, when an employee has one or more breaks in service during the year, all hours in nonpay status must be included for each period of service during the leave year in which leave accrued. Leave without pay during fractional pay periods at the beginning or end of employment, when the employee does not accrue leave, is disregarded when computing the reductions described above.

5.2.2.5 Periods of Disability Compensation

An employee who is absent, on leave without pay, because of injury received in the line of duty does not accrue sick leave for the Period for which he or she is paid disability compensation by the Office of Workers Compensation Programs.

5.2.2.6 Accumulation of Sick Leave

Sick leave not used in the year in which it accrues shall accumulate without limitation and be available for use in succeeding years. Also, an employee's total accrual of unused sick leave is creditable time toward the length of service for retirement in annuity computation and therefore may increase the amount of the employee's monthly retirement benefit. The days of unused sick leave cannot be added for the purpose of meeting length of service required for retirement eligibility.

5.2.3 Granting Sick Leave

Sick leave may be granted:

• When an employee is incapacitated for the performance of his or her duty by sickness, injury, or pregnancy and confinement. (Employees who are injured in the line of duty and who are eligible for injury compensation may not be granted sick or annual leave if they elect to receive injury compensation during the period of absence. Such employees will be retained in a leave without pay status for the period of absence during which they are receiving injury compensation.)
• For medical, dental, or optical examination or treatment.
• When an employee is required to give care and attendance to a member of the employee's immediate family who is afflicted with a contagious disease (as defined by the attending physician) or when through exposure to a contagious disease, the presence of the employee at his or her post of duty would jeopardize the health of others.
• When an employee who was sick dies before receiving administratively approved sick leave, the agency may grant (without a sick leave application) sick leave in accordance with existing regulations. Such leave may be approved only for the period of absence immediately prior to the employee's death.
• To a disabled veteran in order that the veteran may receive medical treatment. If the veteran has no sick or annual leave, leave without pay must be granted.

The granting of leave is obligatory if all the following conditions are met:

• The veteran presents an official statement (that treatment is necessary) from a properly licensed medical practitioner or an official of a government hospital;
• He or she notifies the supervisor far enough in advance to permit arrangements for carrying on the work in the employee's absence; and
• He or she states in the notice to the supervisor the days on which he or she expects to be absent and the number of hours that will be required.

5.2.3.2 Notification to Supervisor

An employee who is absent on account of sickness is personally responsible for contacting the supervisor to request leave or having the supervisor notified within two hours of the usual reporting time on the first workday of such absence. Absence for any of the sick leave purposes, when known to the employee sufficiently in advance (such as in most cases of medical, dental, or optical treatment or examinations) must have approval prior to the beginning of the leave.

5.2.3.3 Request and Approval of Sick Leave

A medical certificate is required:

• For any advance sick leave.
• For the use of earned sick leave in excess of three consecutive workdays. However, when the employee is unable to obtain the services of a physician or the illness does not require such services, the employee's written explanation of the facts, together with his or her personal certificate is sufficient if acceptable to the approving officer. In any case, the approving officer's signature is required on the SF-71 which is forwarded to the timekeeper to be maintained and filed with the employee's PC-1547 form during the pay period in which the employee returns to work. (Paragraph 5.2.4. below addresses suspected abuse of sick leave.)
• When an employee has been granted sick leave to care for a member of the immediate family who is ill at home with a disease requiring isolation, quarantine, or restriction of movement for a specified period of time, the total period for which sick leave may be charged will be the period prescribed by the local health regulations for such isolation, quarantine, or restriction. If a length of time is not prescribed by the local health regulations, the period which may be charged to sick leave is the period prescribed and certified to by the attending physician. The medical certificate should indicate: the sick leave was used to care for a Particular member of the family; the disease of such member; the period of isolation or restriction cited by health regulations or prescribed by the physician for such disease; and certification by the physician that the statements on the medical certificate are true and correct.
• When an employee is granted sick leave because of exposure to a contagious disease and presence at the post of duty would jeopardize the health of others, an explanatory medical certificate from a doctor shall be required.

Standard Form 71 shall be submitted within the pay period when the employee returns to duty except in the case of a request for advance sick leave which shall be submitted in accordance with paragraph 5.2.5.1. below. After approval by the leave approving supervisor, the SF-71 shall be sent to the timekeeper responsible for keeping the employee's time, in the case of advance sick leave the routing prescribed by paragraph 5.2.5.1. below shall be followed.

5.2.3.4 Amount of Leave Charged

The minimum charge for sick leave is one hour; additional leave is charged in multiples of one hour.
Sick leave absence may not accumulate from day to day for the purpose of charging units of hours. (See example in 5.1.2. above.) However, if an employee is absent one and one-half hours in the morning and one half hour later the same day, he or she also will be charged two hours sick leave for that day.

5.2.3.5 Sick Leave During Official Travel

In the event an employee becomes ill while in official travel status, the period of time for which the travel status is interrupted because of illness will be charged to sick leave.

5.2.3.6 Sick Leave During Hazardous Weather Dismissals

In the event of hazardous weather dismissals, an employee on scheduled sick leave with no expectation of return to duty before the close of workday will be charged sick leave as if the dismissal had not occurred.

5.2.3.7 Substitution of Sick Leave for Annual Leave

Sickness which occurs while an employee is in annual leave status may be charged to accrued sick leave and the charge against annual leave reduced accordingly.

5.2.4 Abuse of Sick Leave

5.2.4.1 Responsibility of Approving Officials

Approving official are responsible for reviewing the circumstances surrounding indiscriminate or seemingly excessive use of sick leave to determine whether there is a proper use of sick leave. If a leave approving official determines that there is an abuse of sick leave, that official is responsible for correcting the situation.

5.2.4.2 Action by Approving Officials

Leave approving officials who suspect abuse of sick leave should first counsel the employee about the proper use of sick leave (see paragraph 5.2.3.1. of this manual section). If excessive and indiscriminate use of sick leave continues, the leave approving official may require the employee to provide a medical certificate for all future sick leave absences. Such requests must be based on sound judgment and reasonableness. Advance notice in writing will be given to an employee when such a certificate is required. The notice must contain, as a minimum, the following:

• The specific reason(s) for requesting the medical certificate;
• The duration of this requirement (not more than four months);
• A statement that requests for approval of sick leave not supported by a medical certificate will not be approved, and will be charged to absence without leave (AWOL) or annual leave, as appropriate; and
• A statement that repeated instances of AWOL may lead to disciplinary action.

The Employee Relations Specialist, Office of Personnel Management will provide advice and guidance to supervisors concerning matters covered by this paragraph.

5.2.5 Advance Sick Leave

In cases of serious disability or ailment, sick leave may be advanced after the employee's sick leave accrual is exhausted. Advance sick leave may be granted for any number of hours or days but it can not exceed 30 days (240 hours). Subject to the limitations listed below, sick leave may be advanced to employees who plan to return to duty:

• Advance sick leave for an employee on a time limited appointment shall not exceed the amount of sick leave that would accrue during the remaining period of the appointment.
• Requests for advance sick leave may not be approved after an employee has received notice of separation or furlough by reduction-in-force. However, if an advance has been approved prior to receipt of such notice, the leave approving official may decide whether further use of advance sick leave should be curtailed when the notice is received.
• A request for advance sick leave should be made in advance of the absence, if possible. Failure to request advance sick leave prior to exhaustion of accrued sick leave may result in the absence being charged to annual leave or leave without pay.
• Sick leave will not be advanced to employees serving probationary or trial periods.
• Sick leave indebtedness, as a result of a grant of advance sick leave, will be reduced by the employee's subsequent sick leave accruals. Any additional sick leave granted while an outstanding sick leave indebtedness exists must be treated as a further advance and not as a grant of "earned" sick leave toward current accrual.

5.2.5.1 Approval

Within the restrictions set forth in paragraph 5.2.5.2 below, Associate Directors, Heads of Staff Offices, and the General Counsel may approve requests for advance sick leave for employees under their respective jurisdiction. This authority may be redelegated.

Requests for advance sick leave must be supported by Standard Form 71 "Application for Leave", signed by the employee and a medical physician. Employees will be granted advance sick leave provided they have not been under an abuse of sick leave notice during the six months preceding the request for advanced sick leave.

5.2.5.2. Refunds for Advance Sick Leave

Except as set forth in the following paragraph, an employee granted advance sick leave who is separated before he or she earns sufficient sick leave to repay the sick leave indebtedness is required to make a refund for the unearned portion. The refund should be made in accordance with the leave regulations in effect at the time the advance leave was used, and at the salary rate or rates at which the employee was paid for the leave.

No refund is required for sick leave which has been advanced and is unliquidated at the time of separation by death, retirement for disability, or in case the employee is unable to return to duty because of disability (if evidence is furnished in the form of an acceptable medical certificate).

5.2.5.3 Annual Leave in Lieu of Sick Leave

Approved absence otherwise chargeable to sick leave may be charged to annual leave if requested by the employee before the time the employee has exercised the right to have sick leave charged for an absence and approved by the agency. The Comptroller General has held that substitution of annual leave for sick leave previously granted may not be made retroactively, except for the liquidation of advanced sick leave, and even then only when the substitution is made before the time the annual leave would otherwise have been forfeited and the agency, if requested, would have granted time off for leave Purposes.

5.2.6 Fitness for Duty After Extended Sick Leave

Some employees, although under the care of their doctor, may knowingly or unknowingly return to duty before they are physically able to perform their duties. In the interests of such employees, depending on the nature of their disability, the employee should submit to a fitness-for-duty medical examination and/or complete a Standard Form 177 "Statement of Physical Ability for Light Duty Work", as appropriate. In such cases, the employee should normally be requested to undergo the fitness-for-duty examination prior to returning to duty, and have his or her doctor certify to physical ability to perform the duties of the position under the "Remarks" section of the SF-7 1. If the employee fails to comply with the supervisor's request, he or she may be directed to have a fitness-for-duty medical examination at Peace Corps' expense. When the supervisor requests or directs the employee to take a medical examination he or she must explain to the employee in writing the basis for this request. The Employee Relations Specialist, Office of Personnel Management, will provide advice and assistance to supervisors concerning employee fitness-for-duty medical examinations.

5.2.7 Recredit and Transfer of Sick Leave

5.2.7.1 Reemployment After Separation From Duty

Upon federal reemployment of a former employee who was subject to the Leave Act and who previously separated without either a break in federal service or a break in service, not in excess of three years, the employee's leave balance will be credited to the new employing agency for credit or charge to the employee's account.

When sick leave is transferred between different leave systems, without a break in service, seven calendar days of leave are considered equal to five workdays.

When an employee transfers to a position under a different leave system, to which he or she can transfer only a part of the sick leave, the untransferred leave will be recredited if the employee returns within three years to the leave system under which it was earned.

5.2.7.2 Reemployment as a Result of an Appeal

An employee who is restored to a position as a result of an appeal will have the sick leave in his or her account at the time of separation certified for credit or charge.

5.3 Annual Leave

Annual leave is an absence from duty with Pay requested by an employee for vacation, personal reasons, or emergency, and chargeable against annual leave credits.

5.3.1 Administrative Responsibility

Leave planning and the approval of annual leave is an administrative responsibility of supervisors. Supervisors will provide employees with the opportunity during the month of January--with quarterly updates during the months of April, July, and October--to schedule their vacation annual leave for the entire year. Because annual vacations are important in maintaining health, morale, and efficiency, every reasonable effort, consistent with the needs of the office and equity to other employees, shall be made to Permit employees a scheduled vacation period. In addition to approving annual leave for vacations, supervisors should be liberal in granting requests for annual leave to attend conventions of veterans, scientific, professional and technical societies, and fraternal and other organizations which may be of benefit to the wide and varied interests of Peace Corps employees. Generally, it is the policy of Peace Corps to grant earned annual leave as requested, when workload and equity permit.

5.3.2 Accrual of Annual Leave

5.3.2.1 Full-time Employees

Full-time employees inside or outside the continental United States (including permanent, limited, unlimited, indefinite, and temporary employees) accrue annual leave as provided in the paragraphs below, depending on length of creditable federal service. A change to the next higher rate of accrual as noted below will take effect at the beginning of the pay period following that in which the employee completes the prescribed period of service.

• Service from date of appointment but less than three years --one half day (four hours) for each full biweekly pay period.
• Total service of three or more but less than 15 years --three fourths of a day (six hours) for each full biweekly pay period until the last full pay period of the calendar year, when the accrual will be one and one-fourth days (ten hours).
• Total service of 15 years or more - one day (eight hours) for each full biweekly pay period.

5.3.2.2 Employees Other Than Full-Time

Intermittent and WAE (when actually employed) employees (i.e., employees who do not have a regular prearranged tour of duty) are excepted from the provisions of the Leave Act and, therefore, are not entitled to earn annual leave.

Part-time employees (i.e., employees having a regular prearranged tour of duty of specific hours of days in each administrative workweek but less than a full 40-hour workweek) if appointment is for 90 days or longer, accrue annual leave as follows:

• Service from date of appointment, but less than three years--one hour for each 20 hours in pay status.
• Total service of three or more but less than 15 years--one hour for each 13 hours in pay status.
  
• Total service of 15 or more years--one hour for each 10 hours in pay status.
  

5.3.2.3 Qualifying Period

An employee whose appointment is for 90 days or longer earns and may be granted annual leave beginning with the first day of the first full biweekly pay period following appointment. If an appointment of less than 90 days is extended for an additional 90 days or more, without a break in service, the extension is considered to be a new appointment and the employee earns and may be granted leave beginning immediately with the extension. However, leave earned under the initial appointment may be credited retroactively only after a total of 90 days service under the combined appointments has been completed. If an appointment of less than 90 days is extended for another period of less than 90 days, leave earned during the initial appointment of less than 90 days is credited retroactively and may be used upon completion of 90 days service under the combined appointments.
Examples:

An employee who must complete a 90 day qualifying period to be entitled to leave under the provisions of paragraph 5.3.2.3. may not substitute annual leave for leave without pay granted during the qualifying period.

5.3.2.4 Pay Status of Less Than a Full Biweekly Pay Period

Annual leave may not be earned for periods in pay status of less than a full biweekly pay period when an employee enters or leaves Peace Corps service.
Annual leave will be credited on a pro rata basis for fractional pay periods occurring within the continuity of employment when the employee's biweekly pay period is interrupted by a nonleave earning period for the following reasons:

• Transferred between positions with different pay periods;
• Disability compensation under the Employee's Compensation Act;
• Exercised regulatory or statutory restoration rights after service in the Armed Forces; and
• Restoration to pay status after a period of unwarranted suspension or removal for which retroactive compensation is paid.

5.3.2.5 Accrual While in Leave Status

An employee earns leave while in any type of leave with pay status except that leave does not accrue on a period covered by lump-sum payment for annual leave.

5.3.2.6 Accrual While in Nonpay Status

A full-time employee earns leave while in a nonpay status in the following situations:

• If the total nonpay status is less than 80 hours. When the aggregate of nonpay status equals 80 hours or multiples thereof within the leave year, the credits for annual leave will be reduced by the amount earned during one pay period at the current accrual rate. In computing the 80 hour total(s), do not include any leave without pay charged during pay periods when leave accruals were not allowed, e.g., when an employee enters or leaves the service during a biweekly pay period.
• If the employee is not receiving injury compensation. An employee does not accrue leave for any time on leave without pay (LWOP) which is covered by payments from the Office of Workers Compensation Programs.

5.3.3 Limitations on Accumulation of Annual Leave

5.3.3.1 Employees Stationed in the United States

The maximum amount of annual leave an employee may accumulate and carry forward from one leave year into a succeeding leave year may not exceed a ceiling of 240 hours (30 days). Employees with a "personal ceiling" who accumulated annual leave in excess of 240 hours (30 days) at the end of the 1952 leave year, and have not reduced or liquidated such accumulation, may carry over this leave into succeeding years until used. Any leave earned in the current leave year, which may not be carried forward to the new leave year because of the above ceiling restrictions, must be used before the new leave year, or be forfeited.
When an employee leaves a post in which he or she has been eligible for a maximum accumulation of 45 days (360 hours) of annual leave, the maximum amount of annual leave that may be carried forward into the next leave year shall not exceed 45 days (360 hours) or the personal ceiling if it exceeds 45 days. The determination as to the amount which may be carried forward shall be made as of the end of the pay period which includes the date:

• On which the employee departs from the post of duty, except when required to perform duty enroute to a post in which he or she would be subject to the 45 day maximum accumulation Provisions, then the date shall be the date he or she ceases to perform such duty; or
• On which final administrative approval is given to effect a change in the employee's duty station when on detail or on leave in the United States, the Commonwealth of Puerto Rico, or a possession of the United States and originally recruited or transferred from these locations.

5.3.3.2 Employees Stationed Outside the United States

An employee serving outside the United States may accumulate 45 days (360 hours) of annual leave unless he or she is entitled to a greater accumulation under the savings provisions of the Leave Act if he or she is in one of the following categories:

• Recruited directly or transferred by the federal government from the United States, the Commonwealth of Puerto Rico, or possessions of the United States to a Peace Corps overseas post.
• Hired locally overseas by Peace Corps but originally recruited from the United States, Puerto Rico, or a United States possession. In addition the person was in substantially continuous employment by federal agencies, United States firms, international organizations in which the United States participates, or foreign governments; and the conditions of employment provided for the return transportation to the place from which recruited.
• Hired locally, but at the time of overseas Peace Corps employment, was temporarily absent from the United States (or Puerto Rico and United States possessions) for the purpose of travel or formal study; and has maintained residence in the United States or Puerto Rico, or its possessions, during the temporary absence.
• Hired locally overseas by Peace Corps and did not normally live in the foreign area involved but was discharged from the United States Armed Forces there to take a civilian position in a federal agency.

5.3.4 Granting Annual Leave

5.3.4.1 Approval

Granting annual leave in Peace Corps is subject to approval as follows:

• All employees must secure advance approval of annual leave from their supervisor except when, because of unforeseen circumstances, it is necessary for an employee to be absent for reasons chargeable to annual leave and it is not possible to obtain approval in advance. In such cases, the employee must normally contact or transmit notice to the supervisor within two hours of the usual reporting time of the beginning of the first workday of absence to request leave. The employee is personally responsible for the delivery of such messages and obtaining leave approval. Upon returning to work, the employee will submit to the supervisor an appropriate leave request on the SF- 71 unless the employee's return to duty is in the same pay period for which the employee and the supervisor both certify the PC-1547.
• All annual leave of three or more days must be requested in advance using Standard Form 71 "Application for Leave", except as provided in the paragraph above. The employee will be notified of approval or disapproval of the request.
• After approval by the leave approving officer, the Standard Form 71 will be sent to the timekeeper maintaining the employee's PC-1547 "Individual Time Certification Sheet".

5.3.4.2 Leave in Connection with Official Travel

An employee who Plans to take annual leave in excess of three (3) days while on international travel must have the leave approved in advance by the appropriate Associate Director or by the Director of the Peace Corps (for travel by Associate Director or employees in staff offices reporting to the Director). The employee' s immediate supervisor may approve annual leave of three days or less.

5.3.4.3 Employees Receiving Injury Compensation

Employees disabled in the line of work who are eligible for workers compensation payments and who elect to receive such compensation may not be granted annual and/or sick leave for any time covered by such payments. In such cases, employees will be in a leave without pay status for the period of absence during which they are receiving injury compensation.

5.3.4.4 Substitution of Annual Leave

Annual leave may be substituted in a number of ways.

5.3.4.4.1 Substitution of Annual Leave for Sick Leave

Advance sick leave may be liquidated by a charge against annual leave, provided:

• Annual leave is charged prior to the time it would be forfeited, and
• The annual leave would have been granted to the employee.