Frequently Asked Questions

As a Tier III non-emergency employee, you will be granted excused absence when your worksite is closed and you are prevented from working due to the emergency. However, excused absence will not be granted to employees on (1) leave without pay, (2) official travel, or (3) a flexible or compressed work schedule day off.

Telework is voluntary, but a written agreement that outlines expectations is required before an employee can participate in telework.

In rare situations, your supervisor may determine that circumstances justify granting excused absence if you are on a written telework agreement. This could occur, for instance, if power outages or network connection problems prevent telework. If you are required to work and fail to report for work without adequate reason, your supervisor may place you in an absence without leave (AWOL) status, and you may potentially be disciplined for AWOL. Supervisors should contact the OHR Employee & Labor Relations Office for guidance.

Note: Excused absences is granted on a case by case basis. Case by case considerations include: an employee’s inability to telework due to lack of power or connectivity; equipment failure or unavailability; or lack of available public transportation.

During extended Federal Government closures, NIH may deem that changing circumstances require Tier III employees to report to their worksites. NIH has established procedures for notifying and recalling Tier III employees. Tier III employees are expected to remain in contact with their supervisor at all times during dismissal or closure situations to maintain continuity readiness.

No. Your supervisor cannot coerce you to sign a telework agreement to avoid providing excused absence on a day when Federal offices are closed.

OPM will announce a designated time by which employees should report to their duty location. All Tier II and III non-emergency employees who commute to their worksite on that day are expected to arrive no later than the designated time and will be granted excused absence (administrative leave) up until that designated time. If an employee arrives after the designated time, he or she will be charged leave. If unscheduled telework is announced as an option, employees who choose this option should telework for their entire tour of duty. If unscheduled leave is announced as an option, employees who choose this option will be charged leave for their entire tour of duty. Tier I emergency employees are expected to report on time for their usual tour of duty, unless directed otherwise.

If Federal offices are closed on your regular AWS day off, you are not entitled to an additional “in lieu of day off.” Additionally, employees cannot be granted excused absence on a non-workday.

If OPM issues a “Federal Office Closed” announcement and you are covered under a written telework agreement and approved for ad hoc telework, you are required to telework on the effective day of the announcement, as required by the written telework agreement. If you are not covered under a written telework agreement, you will not be required to telework and will be granted excused absence. If you are covered under an ad hoc telework agreement and do not telework, you have the option to request unscheduled leave.

NIH cannot require you to telework when OPM announces a delayed arrival announcement.

Telework should always be voluntary during these particular announcements and employees will be given the opportunity to perform unscheduled telework, take leave, use a combination of the two, or report to the official worksite. If you are approved to use unscheduled telework versus report to the worksite, you should work the entire day.

Supervisors should clearly communicate their expectations for teleworkers during an emergency situation. Employees and supervisors should have discussions concerning possible issues that may prevent an employee from teleworking during an emergency closure or dismissal. Furthermore, supervisors are strongly encouraged to allow their employees to telework routinely to ensure there are no equipment or connectivity issues.

If OPM announces an early departure and you are teleworking, you should continue teleworking for the entire day. If you are impacted by the emergency, then you may request appropriate leave, earned compensatory time off, credit hours (if permitted), or may ask to reschedule your flexible work schedule day off when additional time is needed. Your supervisor may exercise his or her authority to grant excused absence to teleworkers on a case-by-case basis (e.g., for electricity/infrastructure/connectivity issues, childcare or eldercare issues).

When NIH offices are closed, Tier I employees are required to arrive at their worksite for their tour of duty on time unless otherwise directed by their supervisor. Tier II employees whose written telework agreements stipulate that they will telework during office closures are required to telework or request unscheduled leave. Tier III employees prohibited from working due to the closure, delayed arrival, or early dismissal will be granted excused absense.

Three of OPM’s operating status announcements state that an employee may “use” LWOP on a day when unscheduled leave is announced. You must request LWOP and it must be approved by your supervisor. OPM’s procedures do not create an automatic entitlement to use LWOP when the option for unscheduled leave is made available.

As a Tier II employee on an approved adhoc telework agreement, you should prepare for impending closures by bringing home your laptop and any important documents you may need to telework for the entire workday. This will allow you to telework even if you lose internet connectivity. Failure to prepare for an emergency situation is not an excuse to not telework.

Employees who are required to report to their worksite or telework during their regular tour of duty on a day when NIH offices are closed are not entitled to receive overtime pay, credit hours, or compensatory time off for performing work during their regularly scheduled non-overtime hours.

This dismissal procedure applies to NIH employees with worksites located inside the Washington Capital Beltway and all NIH facilities in Montgomery County.

Yes, Tier II employees who are scheduled to telework or who request ad hoc telework in the event of a closure, delayed arrival, or early dismissal may telework for part of the day with permission from their supervisor. Hours teleworked and hours worked at the worksite for the day should add up to your established tour of duty. Tier II employees must submit an ad hoc request in ITAS for the use of unscheduled telework before the close of the pay period.

Yes. Tier II and III non-emergency employees who depart prior to the early, immediate, or final departure time may request to use unscheduled leave. Such employees will be charged leave for the remainder of their workday and will not be granted excused absence.

Upon return from FMLA leave, an employee must be restored to his or her original job, or to an "equivalent" job, which means virtually identical to the original job in t erms of pay, benefits, and other employment terms and conditions. While on an intermittent/reduced schedule for FMLA, the employer may transfer the employee temporarily to an alternative position with equivalent pay and benefits that accommodates recurring periods of leave better than the employee's regular job. An employee may also request a temporary alternative position subject to approval by employer while on an intermittent/reduced schedule.

An employee who takes FMLA leave is entitled to maintain health benefits coverage. An employee on unpaid FMLA leave may pay the employee share of the premiums on a current basis or pay upon return to work. Being in a leave without pay (or unpai d FMLA leave) status affects various employee entitlements, including the accrual of annual and sick leave. For example, when a full- time employee with an 80 -hour biweekly tour of duty accumulates a total of 80 hours of nonpay status (either in one pay per iod, or over the course of several pay periods), the employee will not earn annual and sick leave in the pay period. Further details on the effects of extended leave without pay on federal benefits and programs can be found on this NIH Benefits and Payroll Liaison Branch fact sheet.

A federal employee is responsible for requesting leave or other time off fr om work; therefore, the employee is responsible for invoking his/her entitlement to FMLA leave. Under 5 CFR 630.1203(h), an agency may not subtract leave from the 12-week FMLA leave entitlement unless the agency has obtained confirmation from the employee of his or her intent to invoke entitlement to FMLA leave (e.g., giving notice). However, an employee may be required to invoke FMLA to secure leave approving official’s approval of LWOP, advanced annual leave, advanced sick leave, or hours from Voluntary Leave Transfer Program and/or Leave Bank Program – all leave categories/programs that are not employee entitlements.

The duration of leave will be based on the certification.

Employees may not use more than 12 weeks of FMLA leave for the following reasons:

• The birth of a son or daughter of the employee and the care of such son or daughter
• The placement of a son or daughter with the employee for adoption or foster care
• The care of a spouse, son or daughter, or parent of the employee who has a serious health condition
• A serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position
• A qualifying exigency arising out of the fact that the spouse, or a son or daughter, or parent of the employee is on covered active duty (or has been notified of an impending call or order to covered active duty) in the armed forces

Employees may use up to 26 weeks of military caregiver leave. If you think you may be eligible to use military caregiver leaver, reach out to your HR Benefits contact.  They will help you determine your eligibility.

FMLA allows employees to take leave on an intermittent basis or to work a reduced schedule.  See additional information for episodic requests for leave under intermittent usage of FMLA leave. Contact your servicing Employee/Labor Relations Specialist with any additional questions.

FMLA leave may be charged only on days on which an employee is scheduled to be in a duty status. Any holidays authorized under 5 U.S.C. 6103 or by Executive order and non -workdays established by Federal statute, Executive order, or administrative order that occur during the period in which the employee is on FMLA leave will not be counted toward the 12 -week entitlement to family and medical leave.

FMLA leave is an entitlement to employees who qualify under all conditions of eligibility, notice, certification, usage purpose, and if the FMLA leave entitlement has not been exhausted within the 12 month period. By satisfying all eligible conditions, an employee may not be denied FMLA leave.