Voluntary Leave Transfer Program (VLTP)

Transcription

1 Voluntary Leave Transfer Program (VLTP) Presented By: Anna Green, Program Manager for VLTP/ELTP: Telework #: Office #:

2 Voluntary Leave Transfer Program Today s Agenda (VLTP) Background and History of the VLTP Who is Eligible to Apply for the VLTP and Eligibility Requirements VLTP Registration Process and Guidelines Issues Surrounding VLTP Use of Donated Leave Leave Donation Guidelines and Process Other Related VLTP Issues 2

3 Reminder - Union Agreement The information, instructions, and guidelines in this briefing are based on FAA policy However, they can be supplemented or superseded by an union agreement Therefore, review applicable union contracts, MOU s, and MOA s pertaining to these topics for bargaining-unit employees Consult your Labor and Employee Relations Specialist (LER) if you have questions 3

4 Voluntary Leave Transfer Program (VLTP) Background and History of the VLTP 4

5 Voluntary Leave Transfer Program (VLTP) VLTP created by Congress in 1988 FAA followed Title 5 Leave Policies until 1996, including for the VLTP Exempted from Title 5 Leave Policies in April 1996 through Personnel Reform FAA modified VLTP rules in December 1999 to allow for donation of sick leave Title 5 federal agencies only allow the donation and receipt of annual leave; only the FAA allows for donation & receipt of sick leave hours Latest VLTP policy issued in Sept 2010, with a few changes, e.g., limited maximum donation of sick leave to be 104 hours, limited time in the program to 1 year, etc. 5

6 Voluntary Leave Transfer Program (VLTP) cont d The VLTP was established to help ease the financial burden for employees who have a personal medical emergency or need to care for a family member with a medical emergency It was never intended to be a permanent status, but a stop-gap measure until an employee can return to work within a reasonable period of time, or is approved for disability retirement The VLTP is is not intended to be a substitute for disability retirement 6

7 Voluntary Leave Transfer Program (VLTP) cont d If the employee s medical certification indicates that he/she will not recover within a year, get with your LER specialist and the Benefits Operations Center (BOC) to advise the employee of the option of applying for disability retirement if eligible 7

8 Voluntary Leave Transfer Program (VLTP) cont d Who is Eligible to Apply for the VLTP and Eligibility Requirements 8

9 Voluntary Leave Transfer Program (VLTP) cont d Permanent and temporary FAA employees can register in the VLTP, whether on a full-time or part-time work schedule Please note that the hour totals noted in this presentation are for full-time employees However, if you have part-time employees, such hours are prorated See HRPM LWS-8.12 for specific calculation in the unlikely event you have a part-time employee who is enrolled in the VLTP e.g., If part-time, the employee must have at least 30% of the number of hours he/she works in a pay period to be in a LWOP status in order to be eligible for the VLTP, versus 24 hours of LWOP for a full-time employee 9

10 Voluntary Leave Transfer Program (VLTP) cont d In order to register in the VLTP, an employee must be experiencing a medical emergency that causes him/her to suffer a substantial loss of income from his/her FAA employment What is considered a substantial loss of income due to a medical emergency? IAW HRPM LWS-8.12, it is a medical emergency that is, has, OR will cause a full-time employee to be without pay for at least 24 consecutive hours 10

11 Voluntary Leave Transfer Program (VLTP) cont d In other words, the medical emergency must or will require the employee to exhaust the use of all of his/her available paid leave and still be absent for 24 consecutive work hours or more on LWOP 11

12 Voluntary Leave Transfer Program (VLTP) cont d What does available paid leave mean within the FAA? Means any annual or sick leave, as well as any comp time, credit hours, or any other available paid leave if in the VLTP for himself/herself However, if in the VLTP to care for a family member, it means any annual leave, comp time, credit hours, or any other available paid leave, and he/she has or will use the maximum amount of sick leave available for family purposes For example, if an employee had 1000 hours of sick leave, he/she would have to use 480 hours of that total to be in the VLTP, but not the total 1000 if applying for the VLTP for a family member However, available paid leave does not include any advanced annual or sick leave for both self and family purposes 12

13 Voluntary Leave Transfer Program (VLTP) cont d Medical emergency must be supported by submission of medical certification to support the VLTP application A medical emergency does not include elective cosmetic surgery, routine tests, or the care of a healthy newborn 13

14 Voluntary Leave Transfer Program (VLTP) cont d However, each case has to be decided on its own merit If a cosmetic surgery is being done for medical reasons, then the employee might be eligible to register in the VLTP e.g., normally a person having a rhinoplasty would not be eligible for the VLTP, however, if it was being done due to a deviated septum/breathing issues, then the employee might be eligible if the surgery was not solely for aesthetic reasons While an employee can t register in the VLTP to care for a healthy child, if the child has a serious health condition, then the employee could register 14

15 Voluntary Leave Transfer Program (VLTP) cont d VLTP Registration Process and Guidelines 15

16 Voluntary Leave Transfer Program (VLTP) cont d Employees must register within 30 calendar days of the beginning of the medical emergency OR from the date the employee is without available paid leave for 24 consecutive work hours or more Note that if granted retroactive approval into the VLTP, no later than 30 days after return to work Such retroactive registration may be considered when the employee or the employee s representative presents medical evidence from a health care provider showing that the employee was medically unable to submit a leave recipient application during the entire period of the medical emergency and was qualified to be a leave recipient - see HRPM LWS-8.12, paragraph 13 16

17 Voluntary Leave Transfer Program (VLTP) cont d Technically, employees are suppose to submit leave request for the period of absence due to the medical emergency They must also provide a medical certificate within 15 calendar days of the manager's request for such info, unless it is not practical, but no later than 30 days after the original request 17

18 Voluntary Leave Transfer Program Why do we need a medical certificate? (VLTP) cont d Validate there is a medical emergency e.g., that it s not elective cosmetic surgery, it s not bonding with a healthy child, etc. To determine how many hours of donated leave the employee might need 18

19 Voluntary Leave Transfer Program VLTP) cont d The medical certificate must include evidence from an appropriate health care provider of Employee s incapacity for duty due to physical or mental illness or injury Or if for the care of a family member, the family member s incapacity for work or school The date of incapacity, and The anticipated ending date of the medical emergency and return to duty or school, as applicable, so that we can calculate/validate how many donated hours the employee might need 19

20 Voluntary Leave Transfer Program VLTP) cont d A Family Member means an individual with any of the following relationships to the employee (1) Spouse, and parents thereof; (2) Sons and daughters, and spouses thereof; (3) Parents, and spouses thereof; (4) Brothers and sisters, and spouses thereof; (5) Grandparents and grandchildren, and spouses thereof; (6) Domestic partner and parents thereof, including domestic partners of any individual in numbers (2) through (5) of this definition; and (7) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship as noted above 20

21 Voluntary Leave Transfer Program (VLTP) cont d Applications for the VLTP should be accomplished online via the OVLTP system However, on occasions, employees may submit paper copies to be completed by the VLTP coordinator FAA form for Leave Recipient Application Employee s manager is suppose to approve/disapprove VLTP application within 14 calendar days 21

22 Voluntary Leave Transfer Program (VLTP) cont d Office of Workers Compensation Program (OWCP) - An employee who has applied to OWCP but has not yet been approved is eligible to become a leave recipient in the VLTP if he/she meets the program conditions - However, if accepted as a leave recipient, the employee may not use donated leave for the same period of time OWCP is reimbursing the employee 22

23 Voluntary Leave Transfer Program (VLTP) cont d Wounded Veteran A wounded veteran who sustains a combat-related disability while serving as a member of the Armed Forces and who is undergoing medical treatment for that disability is eligible to participate in the VLTP program without first having to exhaust his or her own leave A wounded veteran who is accepted as a leave recipient may receive donated annual and/or sick leave for up to 5 years from the start of the treatment 23

24 Voluntary Leave Transfer Program (VLTP) cont d VLTP Registrants will see donated leave on their LES, or they may contact the VLTP Coordinator and/or Payroll for such info, or the Coordinator can view their donation amounts on the OVLTP website 24

25 Voluntary Leave Transfer Program (VLTP) cont d Duration of Registration Limited to one year (except for wounded vets as noted on slide 23 or if 1 year extension granted as noted on slide 58 ) per medical emergency from the effective date of the leave recipient s enrollment in the VLTP (not the time that the medical emergency began, because they may be two different dates) However, if a different emergency occurs, the employee must reapply to the VLTP for the second emergency Once either medical emergency is resolved, the front-line manager terminates the employee s participation from the VLTP under that medical emergency and any unused donated leave from the resolved emergency will be returned to the donors 25

26 Voluntary Leave Transfer Program (VLTP) cont d Issues Surrounding VLTP Registrant s Use of Donated Leave 26

27 Voluntary Leave Transfer Program Donor s use of leave (VLTP) cont d Again, remind registrants that they have to used all of their available accumulated and accrued leave (e.g., annual, sick, comp, etc.) before they can access donated leave 27

28 Voluntary Leave Transfer Program (VLTP) cont d Donor s Use of Sick Leave for Family Care If a full-time employee is in the VLTP to provide care for a family member (not his/herself), that employee can t use more than more than 480 hours of sick leave within a leave year to care for a family member with a serious health condition, regardless of whether or not the sick leave is accrued OR donated Please note that this 480 limit starts anew at the beginning of each new leave year Please note that there is no current edit for this, so as the VLTP Coordinator you have to track this; once employee reaches this limit, you can go into OVLTP and change the Type of Leave under the Approved Recipients Section, to reflect that the employee may only receive donated annual leave Recommend asking your CASTLE POC to provide you with the amount of sick leave the employee has used for family purposes that leave year (e.g., for family illness/medical appts and family bereavement), and add that to the amount of donated sick leave the person has received and used that leave year to make such determinations Please note that this limitation applies only to sick leave (donated or accrued), and has no effect on an employee s ability to receive/use donated annual leave for family purposes; again, doesn t apply if in the VLTP for his/her own illness 28

29 Voluntary Leave Transfer Program (VLTP) cont d Donated leave may not be used in the following situations: For a different medical emergency To donate it to another leave recipient For a lump-sum payment For a vacation or other personal reason To extend employment if termination is otherwise required, such as an expiration of appointment or a removal decision To recredit unused donated leave after the leave recipient terminates from the federal government and returns to employment 29

30 Voluntary Leave Transfer Program (VLTP) cont d Leave Donation Guidelines and Process 30

31 Voluntary Leave Transfer Program (VLTP) cont d Annual Leave Donation Limitations An employee may donate no more than one-half of the amount of annual leave he/she would accrue during the leave year e.g. an employee who earns 4 hours of annual leave a pay period, could only donate a maximum of 52 hours, but a person earning 8 hours of annual a pay period could donate a maximum of 104 hours of annual leave A leave donor with projected use or lose annual leave may only donate the lesser of: One-half of expected accrued leave for the leave year; or The number of hours remaining in the leave year as of the date the donor applies, for which the leave donor is scheduled to work and receive pay Also, can t donate to managers in their chain of command However, there is no current system edit for any of this, so the VLTP coordinators have to monitor 31

32 Voluntary Leave Transfer Program (VLTP) cont d Sick Leave Donation Limits An employee may donate no more than the amount of sick leave he/she would accrue during the leave year e.g., for a full-time employee who was working the entire leave year, he/she could donate a maximum of 104 hours of sick leave If the employee is separating, the employee may donate the lesser of the amount of sick leave accrued in a leave year (e.g., 104 hours for a full-time employee) or the number of hours remaining as of the date the donor applies for which the employee is scheduled to work and receive pay up to the separation date Also, can t donate to managers in their chain of command However, again, there is no current system edit for any of this, so the VLTP coordinators have to monitor 32

33 Voluntary Leave Transfer Program (VLTP) cont d So, recommend sending out a reminder to your workforce about these limitations, so they don t try to transfer a large amount of leave at the end of the leave year or the end of their career, and we can t accept such donations due to these limitations! For example, while a full-time employee with use/lose could donate 104 hours of annual leave in June (if he/she earns 8 hours a pay period of annual leave), he/she cannot donate 104 hours of annual leave if there are only 3 days left in the leave year, as he/she could only donate 24 hours in this example Another example, a person could donate 104 hours of sick leave in October, even if he/she was going to retire on January 1 st. However, if he/she waited until one day before he/she retired, he/she could only donate one day of sick leave in this example 33

34 Voluntary Leave Transfer Program (VLTP) cont d Possible waiver of previously noted donation limits: Front-line manager may waive the limits on the amount of donated annual and or sick leave if the donation is to a family member, or an extreme hardship situation see HRPM LWS-8.12, paragraphs 15 and 9 However, please note that a waiver is not permitted for Donating leave that the employee would not otherwise be able to use Donating to a manager within the employee s chain of command cannot be waived Can t result in the employee using more than 480 hours of sick leave in a leave year to care for a family member, whether donated or accrued sick leave (see slide 28) NOTE: Use FAA Form to document such a waiver, and provide a copy to Payroll VLTP POC 34

35 Voluntary Leave Transfer Program (VLTP) cont d Such leave donations should be submitted online through the OVTLP system If the employee can t, a paper FAA Form may be submitted, and the VLTP Coordinator can input into OVLTP Manager has 14 calendar days to approve You may have to send a reminder to the manager through the OVTLP if he/she doesn t do so 35

36 Voluntary Leave Transfer Program (VLTP) cont d FAA employees may donate annual (not sick) leave to non-faa Federal government leave recipients by submitting a completed OPM Form 630-B A copy of the approved form is forwarded to the servicing payroll liaison staff person for processing This donation is manually processed and can not be processed via the online VLTP 36

37 Voluntary Leave Transfer Program Any unused donated leave that exists when the employee is terminated from the VLTP, is restored to the leave donors when there are more hours than donors (VLTP) cont d 37

38 Voluntary Leave Transfer Program (VLTP) cont d Please note that the names of donors and the amounts donated must not be revealed, including to the leave recipient, by other than the employee donating the leave However, the VLTP employee can prepare a thank you message and provide it to the VLTP Coordinator who can then forward it to the donors (send separate to each donor, or bcc if sending one to multiple donors) Thus, this still maintains the donor's anonymity while the employee still thanks his/her donors 38

39 Voluntary Leave Transfer Program (VLTP) cont d Other Related VLTP Issues 39

40 Voluntary Leave Transfer Program (VLTP) cont d Advance Leave & Impact on VLTP Advance leave is not considered available paid leave, so any such advanced leave does not affect the requirement to have or project to have 24 hours of LWOP to be eligible Donated leave can be applied retroactively to replace any leave that was advanced for the VLTP medical emergency Please note that a corrected T&A is necessary to apply such leave retroactively 40

41 Voluntary Leave Transfer Program (VLTP) cont d Relationship of VLTP to FMLA and vice versa FMLA is basically a job protection act, while the VLTP is an economic hardship program FMLA provides for 12 weeks of LWOP (or substituted paid leave) for an employee s own or his/her family s serious health condition, or for the birth and care of a child or adoption of child, or for military exigency or military caregiver purposes Basic issue/concern in relation to the VLTP is that FMLA entitles an eligible employee to 12 weeks of LWOP to care and bond with a healthy child, but in order to be in the VLTP, either the child or mother must be experiencing a serious health condition 41

42 Voluntary Leave Transfer Program (VLTP) cont d VLTP and Bereavement First, employee must already be in the VLTP to used donated leave for bereavement In other words, can t initially register after a family member s death, because there s no longer a medical emergency However, second, if the employee is already in the VLTP and a qualifying family member s medical emergency results in death, the leave recipient may continue using the donated leave for bereavement purposes, for example, to arrange for and attend the funeral However, the total amount of leave that can be used for bereavement purposes (whether accrued or donated leave, separate or total) cannot exceed 104 hours during each leave year You can get a report from your CASTLE POC to see if any such bereavement leave has been used by that employee during that leave year for other family memebers, in order to make such a determination 42

43 Voluntary Leave Transfer Program (VLTP) cont d Termination of VLTP registration (cont d) Upon conclusion of one year (365 calendar days) following the employee s effective date into the VLTP per medical emergency, unless an extension has been granted by the employee s Head of LBO For an extension to be granted beyond one year, a determination must be made that the efficiency of the service is met by retaining the employee in the program for the extended period of time and does not conflict with a need to fill the position full time This exception is documented via memo and must have a not-to-exceed date of no more than one additional year or not to exceed the use of 1250 donated hours, whichever is greater» Copies of the approval are maintained with the employee s manager and the VLTP coordinator 43

44 Questions 44