Equal Employment Opportunity (Eeo) Policy And Program Administration Form Sample Page 28
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54VA MEDICAL CENTER
POLICY MEMORANDUM 00-304
BRONX, NEW YORK 10468
July 31, 2003
be notified of this action. The employee will also be notified of the reasons, in
writing, if the restriction is to be continued.
C. COURT LEAVE:
I. Delegation: PCCD’s, PC’s or Program Chiefs may approve requests for court leave
or delegate this authority to the employee’s immediate supervisor.
II. Procedures: All requests for court leave will be submitted on OPM Form-71 and
must be accompanied by a copy of the appropriate official summons, court notice, or
subpoena. The supervisor should always check with HRMP prior to approving or denying
a request for court leave.
III. Fees: Employees granted court leave must reimburse the Department of Veterans
Affairs any fees they are paid for their service as a juror or witness. However, any pay in
the nature of expenses, such as for transportation, does not have to be reimbursed.
D. DISCRETIONARY LEAVE WITHOUT PAY (LWOP):
I. Purpose of Discretionary LWOP: Leave Without Pay is not an employee right or
entitlement, but is, rather, discretionary on the part of Medical Center management.
LWOP is temporary absence in nonpay status, subject to the need for the employee’s
services on the job, and may be appropriate in situations where an employee requires time
either in excess of that provided for under the Family and Medical Leave Act (FMLA) or
for situations not covered under the FMLA, such as: 1) job-related educational pursuits; 2)
temporary service with non-Federal public or private enterprise; 3) recovery from illness or
disability not of a permanent nature; 4) protection of an employee’s status pending final
action by the Office of Personnel Management on a claim for disability retirement, action
by the Office of Workers’ Compensation Programs on a compensation claim, return to
duty from working in a program which the Federal Government is participating or is
encouraging (e.g., Peace Corps volunteer), or return to duty from serving on a temporary
basis as an officer or representative of an employee organization.
II. Requesting LWOP: Discretionary LWOP will be requested in advance, on Form
OPM Form-71, Request for Leave, and will be accompanied by justification for the
request. Requests for LWOP due to illness must be accompanied by medical certification.
If the leave is requested for reasons normally covered under the FMLA, the employee’s
request must indicate whether the leave is being requested as an FMLA entitlement or
under discretionary provisions (e.g., where FMLA entitlement has already been
exhausted).
III. Acting on Requests for LWOP:
(a)
Supervisors will review LWOP requests to assure the requirements of this
policy are met, and will advise employees to correct any deficiencies, such as
insufficient justification, lack of required documentation, or failure to clarify whether
the request is an FMLA or a discretionary request, before taking action to forward the
request for approval.
(b) PCCD’s, PC’s, or Program Chiefs may approve requests for LWOP for periods
up to thirty (30) calendar days. Requests for LWOP for periods of more than thirty
(30) calendar days must be referred to the Associate Director or Chief of Staff, as
appropriate, with a recommendation for approval or disapproval and with the current
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