10.01 Hours of Duty & Leave Administration

10.01.03
POLICY
It is NIST policy to follow the laws and regulations on hours of duty and leave administration as stated in the DoC Handbook on Hours of Duty and Leave Administration (available from the Administrative Officer or the Office of Human Resources Management), the NIST Alternative Work Schedule (AWS) Plan (Appendix A), and the DoC Guidelines for Flexiplace Participation (Appendix B).

It is NIST policy that leave be charged in one-hour increments.

10.01.04
DELEGATIONS OF AUTHORITY FOR HOURS OF DUTY
a. NIST Director -

(1) Authority to establish different official hours of duty other than those listed in Section 10.01.06.

(2) Authority to establish multiple-shift schedules when operations are required to be on a continuous basis (e.g., reactor operations, security, firefighting).

(3) Authority to establish alternative work schedules (AWS).

b. OU Director -

(1) Authority to choose which alternative work schedules will be allowed within each Operating Unit (OU);

(2) Authority to approve standby duty;

(3) Authority to approve hazardous duty;

(4) Authority to establish first-40-hours tour of duty; and

(5) Authority to approve flexiplace participation.

The Office of Human Resources Management (OHRM) should be consulted when it is anticipated that authorities listed above are to be exercised since supervisors need to be informed regarding pay entitlements and timekeeping.

10.01.05
NIST BASIC WORKWEEK
NIST has established for full-time employees a basic workweek of 40 hours. The basic workweek shall be scheduled during a period of five consecutive days from Monday through Friday of each week. Under the NIST Alternative Work Schedule (AWS) Plan (Appendix A), other workweeks are permitted. Employees on a first-40-hours tour of duty have a basic workweek defined as "a period of not more than six days of an administrative workweek consisting of seven consecutive calendar days."

10.01.06
OFFICIAL DAYS AND HOURS OF DUTY
The official days and hours of the NIST locations are:

a. Gaithersburg and all Field Offices (except Boulder) - 8:30 a.m. to 5:00 p.m., Sunday through Saturday, with 30 minutes for lunch to be taken between 11:30 a.m. and 1:30 p.m., except for those employees on alternative work schedules.

b. Boulder - 8:00 a.m. to 5:00 p.m., Sunday through Saturday, with 1 hour for lunch to be taken between 11:30 a.m. and 1:30 p.m., except for those employees on alternative work schedules.

10.01.07
NIST MULTIPLE-SHIFT SCHEDULES
a. Definition - Multiple-shift schedules occur when operations are required to be on a continuous basis (e.g., reactor operations, security, firefighting).

b. Considerations -

(1) When multiple-shift schedules are required, any two consecutive days in the basic workweek may be designated as regularly scheduled days off.

(2) Supervisors may assign employees to the various approved shifts on the basis of the needs of the operation.

(3) The memorandum to the NIST Director requesting a multiple-shift schedule should state when the lunch period is to be taken.

10.01.08
WORK AT LOCATIONS OTHER THAN NIST PREMISES
Each employee is required to perform official duties on NIST premises except:

a. As otherwise required by the specific nature of the duties, including performance of duty while in a travel status and performance in an approved training assignment and approved by appropriate OU management.

b. NIST policy permits employment at the employee's home in accordance with existing laws, regulations, and DoC Guidelines for Flexiplace Participation (Appendix B). In these situations, approval in advance is required by the OU Director.

c. When an employee is detailed to another agency or international organization.

d. When the official duty station is other than NIST premises.

10.01.09
FIRST-40-HOURS TOUR OF DUTY
a. The first-40-hours tour of duty is performed within a period of not more than six days of an administrative workweek consisting of seven consecutive calendar days. This tour may be established as the basic workweek for certain full-time employees when all of the following exist: (1) the nature of the work is the paramount consideration; (2) it is determined a definite schedule of regular hours of work would seriously impair the accomplishment of the work to be performed; (3) it is determined that a schedule of regular hours would result in substantial increase in costs of operation; (4) the work is such that it cannot be accomplished within the regular tour of duty through a temporary adjustment of hours or approval of overtime; and (5) an alternative work schedule including maxiflex, would not accommodate the organization's needs. First-40-hours tours of duty are approved by the OU Director and renewed on an annual basis.

b. At least one day each administrative workweek must be considered a non-workday.

c. Except when a holiday occurs within the administrative workweek, first-40-hour employees must work a total of 40 hours or a charge to leave or LWOP will be made for the difference. For example, first-40-hour employees will be given credit for 8 hours for a holiday towards their 40 hours minimum work requirement and they need not work on that day. [Proportionate credit will be given when a holiday is less than a full day.]

d. Time used for the following activities is not creditable for purposes of meeting the first-40-hours requirement:

(1) Unauthorized work performed at home or other unofficial location.

(2) Official travel away from the official duty station scheduled to occur within the Monday through Friday, 40-hour workweek of the office or employee (Section 16 of PL-89-301).

e. Sunday through Saturday is designated as the administrative workweek for employees with this type of tour.

f. Considerations prior to approval should include: (a) the safety and security of the employee during working hours; (b) the supervision of the employee during working hours; (c) the pay entitlements of the employee (e.g., night differential); and (d) accountability for timekeeping. These considerations should be addressed in the written request to the OU Director for approval.

g. Employees are expected to return to their regular tour of duty when the work does not require a first-40-hour tour. A first-40-hours tour of duty is not established primarily for the convenience of an employee.

h. Requests for approval must be submitted in writing from the requesting official to the OU Director. A Standard Form (SF) 52, Request for Personnel Action, must accompany the written request. After approval by the OU Director, the request package must be submitted to the OHRM for review and processing.

i. The same rules for earning, requesting, and approving leave that apply to employees having a regularly scheduled workweek also apply to first-40-hour employees. Leave may be taken during NIST regular working hours (Monday-Friday).

j. To protect an employee with respect to employee compensation (for injury) and other fringe benefits and to facilitate the resolution of questions which may arise in connection with tort claims against the government, supervisors of employees who have a first-40-hour basic workweek shall, insofar as practicable, predetermine for the employee concerned the specific times when the employee is expected to be in a duty status.

10.01.10
HOLIDAY SCHEDULING
a. General Rules - When a holiday falls on a workday, that work day is the holiday. When a holiday falls on a Saturday, the day that is treated as the holiday is the preceding Friday. When a holiday falls on a Sunday the day that is treated as the holiday is the subsequent Monday.

b. For Employees on Compressed Work Schedules - When a day that is treated as the holiday falls on an employee's scheduled day off (i.e., a non-workday), the day to be treated as the holiday is the workday immediately before the scheduled day off, EXCEPT when the day that is treated as the holiday falls on a Monday, and that is the employee's scheduled day off, then the day that is treated as the holiday is the subsequent workday. For example, if the holiday falls on a Saturday, the day to be treated as the holiday is the preceding Friday. However, if that Friday is an employee's scheduled day off (i.e., a non-workday) the day to be treated as the holiday is the preceding Thursday. If the holiday falls on a Sunday, the day to be treated as the holiday is the following Monday. However, if that Monday is an employee's scheduled day off (i.e., a non-workday) the day to be treated as the holiday is the following Tuesday.

An employee on a compressed work schedule is paid for the number of hours normally worked the day on which the holiday falls.

c. For Employees on Maxiflex, Variable Day, or Variable Workweek Schedules - An employee on a Maxiflex, Variable Day, or Variable Week work schedule gets the holiday if it falls on a workday. If the holiday does not fall on a workday the day to be treated as the holiday is their workday immediately before the holiday. Employees on these flexible work schedules may not be paid more than 8 hours for a holiday they do not work. Part-time employees must be paid for the holiday on a prorated basis in accordance with their work schedule.

d. For Employees on First-40-Hours - If the holiday falls on a Saturday and Saturday is a non-workday, the day to be treated as a holiday is the workday immediately before the holiday. If the holiday falls on a Sunday and Sunday is a non-workday, the day to be treated as the holiday is the subsequent workday. If a holiday falls on a workday that day shall be treated as the holiday, and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on that day.

10.01.11
DELEGATIONS OF AUTHORITY FOR LEAVE ADMINISTRATION
a. The NIST Deputy Director has authority to approve the following in addition to those authorized in b., c., and d. below:

(1) Restoration of leave when requestor is OU Director.

(2) Administrative leave for site-wide closing (e.g., weather, equipment failure, etc.) or early dismissal beyond one hour directly preceding a holiday (e.g., Christmas Eve).

b. The OU Director has authority to approve the following in addition to those authorized in c. and d. below:

(1) Leave restoration for exigency of business.

(2) Leave-without-pay (LWOP) when retention of annual leave is requested.

(3) Administrative leave beyond one hour (except blood donation which is delegated to the first-level supervisor).

c. Division chief (or equivalent) has authority to approve the following in addition to those authorized in d. below:

(1) LWOP of more than 30 days when retention of annual leave is not requested;

(2) Advanced sick leave (This authority is delegated to the first-level supervisor in all OUs except 810);

(3) LWOP up to 30 days when retention of annual leave is not requested (This authority is delegated to the first-level supervisor in all OUs except 830); and

(4) Annual leave, sick leave or LWOP requested under the Family and Medical Leave Act (FMLA). (This authority is delegated to the first-level supervisor in all OUs except 810, 830, and 860.).

d. First-level supervisor has authority to approve:

(1) Annual leave (for personal use for all OUs);

(2) Advanced annual leave;

(3) Sick leave {for personal use, Federal Employees Family Friendly Leave Act (FEFFLA), or PL-103-329 for all OUs);

(4) Advanced sick leave (except OU 810 where this authority is retained by the division chief);

(5) Administrative leave up to one hour;

(6) Administrative leave up to four hours for blood donation;

(7) Military leave;

(8) Court leave;

(9) LWOP, for personal use, up to 30 days when retention of annual leave is not requested (except OU 830 where this authority is retained by the division chief);

(10) Annual leave, sick leave or LWOP requested under the FMLA (except OUs 810, 830, and 860 where this authority is retained by the division chief);

(11) Leave restoration for administrative error, sickness, or injury; and

(12) Leave transfer.

10.01.12
LEAVE DOCUMENTATION REQUIREMENTS
Leave documentation is to be retained within the OU as part of time and attendance records for six years.

a. Annual Leave - Annual leave is for personal use or for use as a substitute for LWOP under the FMLA. Annual leave is coded as 61 on the Form CD-440, Time and Attendance Report.

(1) Accrued - SF-71, Application for Leave, the employee's initials on Form CD-440 (whichever is required by the supervisor) with the first-level supervisor's certifying signature on Form CD-440. If accrued annual leave is requested as a substitute for LWOP under the FMLA, see below.

(2) Advanced - SF-71 completed by employee and approved by the first-level supervisor. The SF-71 should be annotated to show "advanced annual leave."

(3) FMLA -

(a) Form CD-518, Application for Family and Medical Leave (in lieu of the SF-71) completed by the employee and approved by the leave approving official.

(b) If annual leave is requested for more than three consecutive days to care for a family member, an acceptable certificate signed by a physician or other practitioner or other written evidence acceptable to the leave approving official. The Remarks section of Form CD-440 is annotated with "___ hours FMLA." The timekeeper must also keep a record of the total hours of annual leave used under the FMLA within a 12-month period so that the employee does not exceed the 12-week limitation.

b. Sick Leave - Sick leave is for personal use (i.e., illness, doctor, or dental appointments), for use under the FEFFLA, for use under PL-103-329, or for use as a substitute for LWOP under the FMLA. Sick leave is coded as 62 on Form CD-440, except for FEFFLA which is coded prefix 62/TC62.

(1) Accrued - (for personal, FEFFLA, or PL-103-329)

(a) SF-71 or the employee's initials on Form CD-440 (whichever is required by the supervisor) with the first-level supervisor's certifying signature on Form CD-440. If sick leave is requested as a substitute for LWOP under the FMLA, see below.

(b) If sick leave requested is for more than three consecutive days, an acceptable certificate signed by a physician or other practitioner or other written evidence acceptable to the supervisor.

(c) If sick leave requested is for adoption purposes under PL-103-329, legal adoption papers or letters which verify adoption proceedings are required in addition to the documents listed above.

(d) If the sick leave is requested under either the FEFFLA or PL-103-329, the Remarks section of Form CD-440 must be annotated as " hours" for (either FEFFLA or PL-103-329). The timekeeper must keep a record of the total hours of sick leave used for these purposes so that the employee does not exceed the limitations stated within the FEFFLA or PL-103-329.

(2) Advanced - (for personal, FEFFLA, or PL 103-329)

(a) SF-71 completed by the employee and approved by the leave approving official. The SF-71 should be annotated to show, "advanced sick leave."

(b) An acceptable medical certificate signed by a physician or other practitioner or other written evidence acceptable to the leave approving official.

(c) If advanced sick leave is requested for adoption purposes under PL-103-329, legal adoption papers or letters that verify adoption proceedings in addition to the documents listed above.

(3) FMLA -

(a) Form CD-518 (in lieu of the SF-71) completed by the employee and approved by the leave approving official. The Remarks section of Form CD-440 is annotated with " hours FMLA." The timekeeper must keep a record of the total hours of sick leave used under the FMLA within a 12-month period so that the employee does not exceed the 12-week limitation.

(b) If sick leave requested is for more than three consecutive days, an acceptable certificate signed by a physician or other practitioner or other written evidence acceptable to the leave approving official.

c. Leave-Without-Pay (LWOP) - LWOP may be used in lieu of annual or sick leave for personal use or for use under the FMLA. All LWOP is coded as 71 on Form CD-440. NOTE: Use of LWOP may affect an employee's health benefits, life insurance coverage, leave accrual, service computation date, career tenure, and completion of probationary period.

(1) 30 Calendar Days or Less -

(a) SF-71 completed by the employee and approved by the leave approving official. If retention of annual leave is requested, state the number of hours on the SF-71. If LWOP is requested under the FMLA, see below.

(b) If LWOP supplements sick leave for a total of more than three consecutive days for personal use or to care for a family member under the FMLA, an acceptable medical certificate signed by a physician or other practitioner or other written evidence acceptable to the leave approving official (if not previously obtained).

(2) More than 30 Calendar Days -

(b) An SF-52, Request for Personnel Action, for LWOP must be submitted to the servicing personnel generalist along with a copy of the approved SF-71.

(c) If LWOP supplements sick leave for a total of more than three consecutive days for personal use or to care for a family member under the FMLA an acceptable medical certificate signed by a physician or other practitioner or other written evidence acceptable to the leave approving official (if not previously obtained).

(3) FMLA -

(a) Form CD-518 (in lieu of SF-71) completed by the employee and approved by the leave approving official. The Remarks section of Form CD-440 annotated with " hours FMLA." The timekeeper must keep a record of the total hours of LWOP used under the FMLA within a 12-month period so that the employee does not exceed the 12-week limitation.

(b) If LWOP supplements sick leave for a total of more than three consecutive days to care for a family member, an acceptable certificate signed by a physician or other practitioner or other written evidence acceptable to the leave approving official (if not previously obtained).

d. Military Leave - Military leave is an approved absence from duty, with pay, authorized for employees who are members of the National Guard or reserve components of the Armed Forces, for days which they are ordered to active duty. Military Leave is coded as 65 on Form CD-440.

(1) SF-71 completed by the employee and approved by the first-level supervisor.

(2) A copy of authorized military orders.

e. Court Leave - Court leave is an approved absence from official duties, without loss of or reduction in pay or leave to perform jury duty or to serve as a witness, in a non-official capacity for the federal government or a state or local government. Court leave is coded as 66 on Form CD-440.

(1) SF-71 completed by the employee and approved by the first-level supervisor.

(2) A copy of an official court order to perform jury duty or serve as a witness.

f. Leave Transfer -

(1) Leave Recipient - Form CD-504, Recipient's Leave Share Application, completed by the employee and approved by the supervisor.

(2) Leave Donor (within DoC) - Form CD-505, Donor's Leave Transfer Application, completed by the employee and approved by the first-level supervisor.

(3) Leave Donor (outside DoC) - Form OPM-630B, Request to Donate Leave to Leave Recipient, under the Leave Transfer Program, completed by the employee and approved by the first-level supervisor.

10.01.13
ADMINISTRATIVE LEAVE
Administrative leave is excused absence with pay and may be granted under certain conditions noted in Section ll of the DoC Handbook on Hours of Duty and Leave Administration. Employees granted administrative leave as a result of an early dismissal must be in a work status at the time the dismissal is announced to receive the administrative leave. Employees in a travel status do not receive administrative leave as a result of an early dismissal. Refer to Subchapter 6.02 for specific NIST policies regarding delayed arrival, late opening, and early closing. Administrative leave is coded as 66 on Form CD-440.

10.01.14
TIME OFF FOR RELIGIOUS OBSERVANCES
When personal religious beliefs require that an employee abstain from work during certain periods of the workday or workweek, the employee may, in lieu of annual leave or leave without pay, request, earn and take compensatory time as authorized in DAO 202-554, Premium Pay, Section 8. Compensatory time is requested and authorized using Form CD-81, Authorization for Paid Overtime and/or Holiday Work, and for Compensatory Overtime.

10.01.15
ANNUAL LEAVE RESTORATION PROCEDURES
a. Documentation Requirements - The following documentation must be submitted to the appropriate OU approving official:

(1) Administrative Error -

(a) SF-71 approved by the first-level supervisor.

(b) Form CD-479, Request for Restoration of Annual Leave, approved by the first-level supervisor explaining in detail the nature of the error, when the error occurred, when the error was made known to the employee, and the reason for not rescheduling the leave.

(2) Sickness or Injury -

(a) SF-71 approved by the first-level supervisor.

(b) Form CD-479 approved by the supervisor explaining in detail the nature of the sickness or injury and the reason for not rescheduling the leave that was forfeited.

(3) Exigency of Business -

(a) SF-71 approved by the first-level supervisor.

(b) Form CD-479 approved by first-level supervisor and OU Director explaining in detail the nature of the exigency and the reason for not rescheduling the forfeited leave.

b. Instructions for Completion of Form CD-479 -

(1) Year Leave was Forfeited - Provide leave year.

(2) Basis of Request - Check one.

(3) Hours Forfeited - Hours to be forfeited at end of leave year, if restoration is not approved.

(4) Hours Requested for Restoration - Cannot exceed the number of hours to be forfeited.

(5) Employee's Name - Provide name.

(6) Title, Series, Grade - Provide title, series, and grade/pay band.

(7) Organization - Organizational unit name and number.

(8) Reason for the Request - State specific details for the request and why leave could not be rescheduled. Attach Form CD-527, signed and dated, and SF-71.

(9) From and To - Dates of each instance of scheduled annual leave cancelled to be restored.

(10) Number of Hours - Number of hours for each instance of scheduled annual leave cancelled and to be restored.

(11) Date of Approval - Date of approval on SF-71 for each instance of scheduled annual leave.

(12) Date of Cancellation - Leave blank.

(13) Proposed Schedule for Use of Restored Leave - From and To - Date(s) and time(s) for proposed use of restored leave.

(14) Leave Restored the Previous Year - Number of hours restored, basis for restoration and number of hours used to date.

(15) Immediate Supervisor - Signature, title, and date.

(16) Reviewing Official - The reviewing official is the second-level supervisor as required by the OU.

(17) Servicing Personnel Officer - N/A.

(18) Approving Official - Appropriate OU approving official signature, title, and date.

When annual leave is approved for restoration under any of the conditions above all original documentation is retained in the Time and Attendance file of the employee. A copy of Form CD-479 is provided to the leave approving official, the employee, and Payroll/Processing (OHRM) at Gaithersburg or the Chief, Systems Operations Branch at Boulder.

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5/2008