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Getting a Handle on Leave: 15 Things Every Federal Manager Can Do to Improve Managing Leave and Attendance Issues

By Bob Gilson

Thursday, June 12, 2008

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Bob Gilson is a consultant with a specialty in working with and training Federal agencies to resolve employee problems at all levels. Both before and since retiring, Bob has negotiated on behalf of Federal clients. A retired agency labor and employee relations director, Bob has authored or co-authored a number of books dealing with Federal issues. To contact Bob about this article or about training or assistance at your agency, use this contact form.

General advice on handling personnel problems may not be applicable to specific situations. Be sure to check with your human resources advisors for guidance in your particular personnel situation.

 

Just about every supervisor will face an attendance problem of one kind or another and that problem is more likely to involve attendance than any other issue. Whether it's tardiness, unscheduled leave, leave abuse or whatever, there are some simple steps you can take to educate and prepare yourself to deal with attendance issues. If you follow these steps, you are much more likely to minimize the problems and achieve a satisfactory solution than if you use a react and learn as you go approach.
 
1. Learn the Basic Rules.
 
For almost all Feds, the fundamental regulation is OPM's 5 C.F.R. 630, Sections 101 to 1309.
 
In addition, you must get familiar with your Agency's policies on leave which supplement those issued by OPM. OPM has a home page on Leave Administration. Also look for any contract provisions if your staff is represented by a union.
 
 
2. Get a Grip on FMLA.
 
The Family and Medical Leave Act which prompted Sections 630.1201-1211 of OPM's Regs is critical to your understanding of today's leave environment. In fact, most supervisors I've met will tell you that FMLA is the cause of many leave problems because it creates a right to leave that trumps an Agency's right to assign work. Be that as it may, understanding FMLA's provisions should be high on your to do list. Check out OPM's Page on FMLA.
 
 
3. Keep a Paper or E Copy of Applicable Rules
 
Whether in your computer in a folder called "Leave Rules" or in one of those ubiquitous government knubbley black 3 ring binders, make sure the leave rules and related documents are where you can reach them in a hurry.
 
4. Set Clear Expectations
 
Make sure each of the people you supervise has a copy of the Agency's leave rules along with a memo from you emphasizing the important provisions including requesting and calling in procedures, forms to use and other day to day essential information. If your employees are covered by a contract, be sure to emphasize that as well.
 
5. Remind Staff of Expectations
 
Make yourself a note to regularly remind people of the requirements in staff meetings. It's a bad idea to discuss a specific employee's problems in a general meeting but a good idea to encourage employees to know and follow attendance rules.
 
6. Enforce Rules
 
Make sure each employee who evidences any kind of attendance problem gets a response from you. Always take circumstances into consideration but also always let them know that you know the rules and are willing to enforce them. You will always have problems with inconsistent or lax enforcement but they'll be minimized with prompt and consistent attention when that attention is warranted.
 
7. Require a Written Request
 
OPM publishes a Standard Form (SF) 71 that may be filled out on the computer. Some Agencies use this, others may have their own, but all have some written form. Using a form is habit forming and keeps everybody straight.
 
8. Track Leave Usage
 
Keep or be able to locate employee time, attendance and leave records. If, for example, sick leave of a single day unconnected to a chronic, documented condition is regularly used or requested on Mondays, Fridays, days before or after holidays, etc., you may be looking at a problem. Talk to you HR advisors about how to recognize leave abuse problems. Documentation is key to problem resolution.
 
9. Question Inconsistent Requests
 
Call employees on it if sick leave requests appear inconsistent with documented conditions, if annual leave is requested at the last minute when workload is heavy or deadlines imminent and the like. Letting people know you are paying attention will head off potential problems in the vast majority of cases.
 
10. Act on a Failure to Call In
 
I recommend that any failure to call in an unscheduled absence requires a piece of paper in response. Whether that piece of paper is advisory, a warning or discipline depends on the circumstances but no employee at any level should be unaccountable for their attendance. Otherwise chaos, instead of management, will rule.
 
11. Discourage Last Minute Requests
 
Obviously, stuff happens and employees have lives outside of work. However, if work responsibilities appear on the way to being a minor consideration with an employee, it's time to remind them where the paycheck originates. Most leave can and should be planned. Encourage it.
 
 
12. Require Documentation of Sick Leave Usage Consistent with Policy
 
Getting a medical baseline for chronic conditions or those that will required repeated sick leave use is essential. This is a series of articles in itself but I can tell you from years of experience that a supervisor will regret failing to require documentation more often than not.
 
 
13. Get Help With Medical Issues
 
Following up on the last point, sit down with your HR advisor early on and get help addressing medical issues. Medical issues are without doubt the most complex you're likely to face. They're not impossible ore even difficult to deal with if you get off on the right foot to start with and stay on top of problems as they develop.
 
14. Get a Copy of a Sample Leave Restriction Letter
 
Every Federal Agency issues leave restriction letters routinely. If they don't, someone is asleep at the switch. Get a sanitized (for Privacy Act reasons) copy of recent ones from your HR advisors and get familiar with the provisions. Ask questions if you need to.
 
15. Take Formal Action if Informal Action Doesn't Work
 
Leave restriction is not disciplinary in nature but can be enforced with discipline if an employee decides not to comply. When you deal with leave problems as a routine matter, eventually you'll come upon a situation requiring discipline. I've heard it said that discipline is good for morale because employees who follow the rules can become dissatisfied when those who don't are not dealt with by management. It's your call.
 
Obviously there's much more to dealing with attendance problems than we've covered here. But the above is a good start.
 
Remember, I alone am responsible for any opinions expressed above. Comments are always appreciated.
 
By the way, thanks to the folks who attended Advanced Bargaining Training: Focus on I&I last week in DC. I had a great group and lots was discussed. Keep looking at www.grainc.com for upcoming training opportunities.

© 2009 Robert J. Gilson. All rights reserved. This article may not be reproduced without express written consent from Robert J. Gilson.

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Readers' Comments

  • Hypothetical employee "Bob" is retirement eligible & considering retiring. Bob has six months sick leave built up. Should he retire, under proposed HR 1108, all "Bob" will get is 75% service credit for the sick leave adding $500 (maybe) a year to his FERS Pension (assuming $100K salary). Now ...
    Posted: August 13, 2008 10:32 AM
  • Are we entitled to Admin leave to care for family members and not have to use our sick leave. I have a daughter with cancer and we have had two deaths in the immediate family this year Brother-in-law and son-in-law. For this time off I have alternated between sick and annual. Hoping in situation ...
    Posted: July 23, 2008 9:58 AM
  • Management Analyst, DoN - it was several months later when I went on vacation, and I HAD exhausted all my personal leave by the time I came back to work. Besides, I go back to the point that if you are going to eye people suspiciously without getting the facts, you are probably not donating in the ...
    Posted: June 23, 2008 9:39 AM

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