Idaho Bulletin 360-8-3

October 5, 2007

SUBJECT:  PER - Leave Without Pay (LWOP) & Family Medical Leave Act (FMLA)

TO:   All Employees, NRCS, Idaho

Purpose. To provide guidance on administrative processing and approval for LWOP & FMLA leave requests

Expiration Date.  September 30, 2008

Action: Effective immediately all LWOP & FMLA leave requests must be requested through the supervisor and Assistant State Conservationist (ASTC) and forwarded to the Human Resources Office for approval

Leave without pay (LWOP) is a temporary non-pay status and absence from duty that may be granted to an employee.  Authorizing LWOP is a matter of administrative discretion.  In most cases employees are requesting the use of LWOP for an illness as defined in The Family Medical Leave Act (FMLA) but it can also be a request as the result of the employee lacking sufficient annual or sick leave to cover other periods of absence. 

In order to ensure consistency in applying the NRCS policy, all requests for LWOP must be requested through the supervisor and ASTC and forwarded to the Human Resources Office for approval.  Requests for LWOP should be submitted on SF-71, Request for Leave or Approved Absence and must include the reason for the request.  Each request for LWOP will be examined closely to ensure that the value to the Agency or the serious needs of the employee is sufficient to offset the costs and administrative inconveniences associated with retaining the employee in such status. 

In order to use leave (LWOP, sick, annual) under the FMLA specific medical documentation MUST be provided by the employee.  An employee’s leave balance does not automatically entitle or negate the employee’s right to use leave for themselves or to care for a family member.  Not all medical conditions or family members are covered by FMLA, therefore all requests to use FMLA leave must be requested through the supervisor and ASTC and forwarded to Human Resources for administrative processing and approval.  When possible, employees should provide their leave request and medical documentation at least 2 weeks before the leave is needed.  In the event this is not possible, employees must provide adequate medical documentation within two weeks of taking the leave. 

Based on the above guidance, an Idaho amendment to the General Manual will be forthcoming.  Please contact Chris Bergmann, Human Resources Assistant at (208) 685-6924 if you have any questions.

/s/
RICHARD SIMS
STATE CONSERVATIONIST       

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