NIST Administrative Manual, Subchapter 10.01
Transmittal Date - 1/16/97

Federal Employees Family Friendly Leave Act (FEFFLA)

On October 22, 1994, Congress enacted the Federal Employees Family Friendly Leave Act, (FEFFLA), Public Law 103-388. This Act was effective on December 2, 1994. The Act expands the use of sick leave for purposes of: (1) providing care for a family member as a result of physical or mental illness; injury; pregnancy; childbirth; or medical, dental, or optical examination or treatment; or (2) making arrangements necessitated by the death of a family member or attending the funeral of a family member. A "family member" under this Act is defined as a spouse and his or her parents; children, including adopted, foster or step children, and their spouses; parents; brothers and sisters, and their spouses; and any individual related by blood or affinity, whose close personal relationship with the employee is the equivalent of a family member. Under the FEFFLA, full-time employees are able to use an initial total of up to 40 hours of sick leave for family care or funeral-related purposes. Full-time employees who maintain a balance of 80 hours of sick leave may use an additional 64 hours of sick leave for these purposes, for an authorized total of 104 hours within a leave year. Part-time employees may also use sick leave for these purposes in amounts prorated to the number of hours worked weekly.

Public Law 103-329

Effective September 30, 1994, the Treasury, Postal Service and General Government Appropriations Act for FY 95, Public Law 103-329, authorizes sick leave to be used for purposes of adoption of a child. Although this legislation was enacted on September 30, 1994, the provisions are retroactive to September 30, 1991. Therefore, employees who have used annual leave for adoption purposes between September 30, 1991, and September 30, 1994, were entitled to request that sick leave be substituted for all or a portion of the annual leave used. This Act also entitles employees up to seven days of administrative leave in a calendar year for time necessary to serve as a bone-marrow or organ donor.

Documentation

Leave approving officials should request documentation from employees (e.g., medical certification, obituary, etc.,) consistent with current leave approving procedures for sick leave or leave-without-pay. The leave approving official and the timekeeper must ensure that the leave used is properly coded and that a remark indicating the purpose (e.g., FEFFLA, adoption, etc.,) is placed in the Remarks section of Form CD-440. Timekeepers should assist the leave approving official with monitoring leave used for purposes authorized under these Acts by keeping a running total of the number of hours used in the Remarks Section of Form CD-440.