2. Background.
b. VA Policy on Leave found in VA Handbook 5011, Part III, Chapter 2, paragraph 3a,
for Title 5 employees provides that requests for annual leave and leave without pay
(LWOP) will be considered in the light of current and anticipated workloads. For Title 38
employees, VA Handbook 5011, Part III, Chapter 3, paragraph 4a, provides the granting
of annual leave shall be a matter of administrative discretion as to when and in what
amount it may be authorized. Requests for annual leave shall be acted upon in the light of
essential medical services and with due regard to the welfare and preferences of individual
employees.
3. Guidance.
is released from custody the next morning. The supervisor should consider the request for
leave in light of the impact the employees absence had on the workload.
c. When employees are determined to be AWOL, the leave approving official shall
document the reason or reasons for charging an absence to AWOL at the time the decision
is made. This will be done by a written statement from the leave approving official.
d. Employees will be informed that the charge to AWOL has been included in the time
and attendance report. Employees will only be charged AWOL for the actual period of
unauthorized absence due to incarceration.
e. If the AWOL is later excused because the circumstances surrounding the absence for
incarceration are such that leave would have been approved, the charge should be changed
to annual leave, sick leave or LWOP, as appropriate.
h. In the event an employee does not inform management that a leave request is due to
incarceration, but VA later learns the leave was due to incarceration, management should
reconsider any leave approval in light of paragraphs 4a and 4b above.
Nathan H. Maenle
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