Re: Be Careful

Under OPM regulations (5 CFR 339), in essence an employee may be required to furnish information or be treated as if no medical condition exists. HIPPA mostly involves the release of information regarding a patient without his or her specific permission. Apples and oranges. An Agency's communication is with the employee not the medical service provider so HIPPA has virtually nothing to do with Federal sector leave management.

Re: Be Careful

HIPAA generally applies to health care providers and insurance agencies not to federal supervisors trying to get a handle on their employee's use of leave. Bob provides some very useful and practical advise in this article.

Re: Be Careful

I disagree. The supervisor can request medical documentation that is enough to determine the employee's condition without intruding on privacy issues.

5 CFR 630.403 has changed in recent years and in some cases has made some contract language invalid.

Good article Bob.

Re: Be Careful

If we have an employee that is using medical excuse to be consistently absent, we are not going to violate his/her privacy by invading their medical records.

We are going to ask them, the employee, to give us the material to support their claims.

If they fail to comply we are going to charge them with inability to maintain a work schedule and remove them.

HIPPA has nothing to say in that regard.

Re: Leave & attendance issues

To HR Specialist at DOJ

If the Dinosaurs (supervisors) here would stop thinking of telework as a "vacation day," planning appointments on the telework day would be a very effective way of conserving leave. Worklife policies are great in theory, but unfortunately, the mindset toward telework is still antiquated. People around here still think people goof off during their telework day. I actually get more work done on the rare occasions that I am allowed to telework.

Re: GIVE ME A BREAK

First we get 13 8 hour days, not 12. I assume you just made a typo. That happens.
Second, sick leave is used for specific purposes. It is not like annual leave, which can be used for almost anything.
A good manager will let the worker use sick leave for unwinding if it done 2-3 times per year. If done frequently it is abusive. Technically, it is abusive, but a good manager will leave it alone if done rarely.
You, probably a FERS employee, have a good point about 700 hours disappearing. The idiots who created FERS did not think that sick leave would be abused, due to present conditions, rather than saved. The politicians should amend FERS to allow FERS employees similar sick leave benefits as CERS employees when they retire. Otherwise they encourage abuse.
I am a CERS employee with about 2600 hours of sick leave. I saved this leave to use as a short term disability policy.

Re: GIVE ME A BREAK

I am a FERS employee. I have over 20 yrs of service and over 1400 hrs. of S/L. I'm a faithful employee who's never abused my leave in any fashion or manner. It's a great feeling knowing that in case I get sick or need an operation, I have a leave balance that will take care of me for over six months. I am very healthy and have maintained my health over the years. I've watched employees burn their S/L and later regret not keeping a healthy S/L balance. I've been taught that this is unwise and have viewed it as such.

So, the powers that "Be" currently say that when I retire, I will loose all my S/L, which is worth over 72K. Some have said that we (FERS) will get 50 cents on a dollar. That's still a raw deal.

Under the current retirement/leave policy, it's use or loose. I'm going to use it before I retire, unless the policy/law is changed to MY satisfication. Oh yeah, there are MANY of us...and we're getting VERY close to retirement age...

Re: GIVE ME A BREAK

First off, there is no such thing as "stress leave". If you need a day off, you have annual leave for that, working permitting. You are very naive to think it's your sick leave to take when you want for whatever reason you want. Sick leave is specific for illness, medical/dental appointments, or caring for family members who are ill or have medical appointments. Supervisors must have evidence of the illness or what you could refer to as "acceptable medical" or a request for sick leave can truly be denied. Doctors don't determine what's acceptable; they don't approve sick leave...supervisors do. Rather than justifying the potential misuse of leave , we would all be better served if we use it for it's intended. If you are truly ill, take sick leave. If you want a day off to relax your brain from stress, that's what annual leave is for. Supervisors aren't "out to get you", they are trying to comply with rules/regs/laws to keep you and themselves out of trouble. Lighten up.

Re: GIVE ME A BREAK

To "Analyst" Don:
If you consider that stress is a mental health issue, then certainly it is legitimate to take sick leave. Too often in our "business is always right" culture we ignore the effects that policies have on our mental health. We're told to work harder or else we'll get fired or not get a raise. This is bunk -- it not only increases stress and anxiety but also causes physical health problems. Our own FEHB system recognizes no difference between physical and mental health problems. I think it's totally legit to take a mental health day and charge it as sick leave. It's cheaper in the long run than an extended stay in a hospital.

Re: GIVE ME A BREAK

Those who argue that an occasional use of sick leave to take a "mental health day" is abusive should talk to a few doctors. Most doctors will tell you that a person with a stressful job is more likely to have high blood pressure, heart disease and various physical ailments. Taking the occasional day off can drastically lower your stress and have beneficial effects on your health. It's called health maintenance.

This could all be solved if the Gov. changed away from "sick" leave and "annual" leave, and just created a single leave category.

Re: GIVE ME A BREAK

No wonder sick leave abuse is the number on issue in discipline. Your position is a "pattern of abuse" if you always take off on Fridays and Mondays. You don't think about your co-workers having to take up Your slack because you are are not there to do your job.

Re: GIVE ME A BREAK

J,

Sick leave is not an entitlement. As a manager, I'm sick and tired of hearing that claim. With that attitude, I'd look forward to the day when you have to ask for leave donations to address some medical condition and no one volunteers to help you.

You do however make a valid point about sick leave for FERS employees at retirement. Allow FERS employees to cash it out at 25-50% or, as someone else suggested, create a single leave category. FERS employees (and I'm one) might start to manage their leave better if all they had was annual leave....

Re: GIVE ME A BREAK

Having read the 32+ responses currently posted, it remains obvious to me that you feel you have the right to take S/L whenever you wish. While I agree that S/L for true stress/other mental health condition is appropriate, you seem to feel that if you want to go surfing, or to a movie on a Friday, Monday, or before or after a Holiday, it is your right to use S/L--because you worked Sooo hard during the week. Boohoo. That's what A/L or credit hours are for--and not at the last minute either, without good reason/light workload. If you think your co-workers agree with your laissez-faire approach to S/L, wait until you need to ask for donated leave when you have a real illness and 0 leave balance. I pity your supervisor, but question his or her effectiveness.
On the other hand, I totally agree with the comments on the inequitable treatment of S/L for FERS vs. CSRS employees--and I believe this will change if the Govt, is truly interested in real solutions to retention.

Re: GIVE ME A BREAK

I had a coworker who had a minor foot operation and was out for three months. He is a very nice guy...but has a "lazy" attitude in the office and very little motivation. At first, I thought he was out for three months going through painful physical therapy...with colleagues donating sick leave to him--but come to find out, he was at home, getting 40 hours of pay each week(not doing much at all), sitting down all day long. And then when he comes back to work, he complains about doing a "minor" assignment that took about fifteen minutes of his time. Give me a break is right! Sick leave abuse is real and this case was exagerrated.

Re: Response to Gilson

Actually, Bob would be the ideal supervisor: i.e., he would be conversant with all of the rules (including the CBA), he would communicate those rules to his employees, and he would consistently enforce those rules, holding those who don't follow them accountable.

Re: Response to Gilson

I am continually amazed by those who think management does not have the right to discuss management tactics and how managers can use the tools and data at their disposal to manage.

This response - not the sub-respondent - clearly notes that writer thinks it is wrong for managers to do their job.

Hey!!!

Does your supervisor actually supervise you, or does he/she just sit around all day, doing the same job you do and just make more money than you?

And remember, this is a FREE forum designed to FREELY provide information to all that want to use it. The fact that it is geared towards managers is not wrong. The union could submit articles too.

Ooooppppsss!!!

I forgot. The unions are secret forums where if you go to their websites you have to be a dues paying member in order to access the secret sources of data.

Funny. Though the union demands to enter our meetings, we can't reciprocate.

I wonder why?

Re: CSRS - what a deal

You can not sell back Sick Leave in any retirement program. CSRS allows you to credit the time towards retirement but they will not give you a lump sum for it.
Annual leave yes. Sick leave no.

Re: CSRS - what a deal

Go to your HR office and find out how you can get your sick leave credited as "service" thus increasing your retirement check. At retirement I had over 3300 hours of sick leave credited to my length of service thus earning me almost two years of service. My sick leave is earning me more money each month and earned me a higher percentage of my high three since it brought me very close to the 40 years of service limit. I always looked at your sick leave balance as a sign that I have been blessed with good health and a sure pay check in case I needed it.