OPM Issues Sick Leave Fact Sheet Concerning Medical Related Travel

Mike McQuade | Wired

The Office of Personnel Management (OPM) released a fact sheet Monday clarifying that federal employees may use sick leave for travel associated with accessing medical care. The document addresses six common questions regarding how much, when, and for what sick leave is available.

First, OPM clarifies employees may use sick leave to cover travel time to a location where the federal employee will receive medical examination or treatment when the travel time occurs during the employee’s tour of duty established for leave-charging purposes. This includes short distances, such as visiting a local doctor, and long distances, such as traveling out of state to receive care.

Next, the document notes that employees may grant sick leave when an employee accompanies a family member to receive medical care. “Family member” is defined in 5 CFR 630.201(b) and this leave is subject all applicable annual leave limits.

The memo cites a previous fact sheet in noting, “The intent of OPM’s regulations governing the use of sick leave for family care is to allow an employee to provide physical care and other assistance to a family member, as appropriate. This may include, for example, providing transportation and/or accompanying a family member to a health care provider’s office or to a hospital or other health care facility.”

For agencies, the fact sheet explains that an agency may grant advanced sick leave for employees with medical needs that have not accrued sufficient sick leave. Advanced leave may be used for either the employee themselves or family care.

The fact sheet then explains how employees should request leave. Employees should abide by their agencies required time limits for requesting sick leave and notes agencies may require advanced approval. OPM clarifies that, “If the employee complies with the agency’s notification and certification requirements.”

In regard to supporting evidence, the OPM explains that an employee should provide “administratively acceptable evidence.” An agency may accept an employee’s self-certification as to the reason for the employee’s absence regardless of the duration of the absence. However, for an absence in excess of three workdays (or a lesser period when determined necessary by the agency), an agency may require the employee to provide a medical certificate or other administratively acceptable evidence.

A “medical certificate” is a written statement signed by a physician or other practitioner certifying that an employee has received medical treatment or examination. The certification need not contain details about the medical care received.

Finally, the fact sheet provides other leave options that may be available to an employee receiving medical care. For example, an employee may be able to receive donated leave through an agency’s Voluntary Leave Transfer Program (VLTP) or Voluntary Leave Bank Program (VLBP). However, to qualify for these programs an employee must be experiencing a “medical emergency,” which means the employee or a family member has a medical condition that will require the employee to be absent from duty for a prolonged period that will result in a substantial loss of income due to the unavailability of paid leave. The employee must also have exhausted other available paid leave options and be in leave without pay status for at least 24 hours prior to receiving leave through VLTP or VLBP.

OPM continues to explain that an employee is entitled to 12 weeks of FMLA leave during any 12-month period for certain qualifying circumstances, including the existence of a serious health condition that makes the employee unable to perform any one or more of the essential functions of the employee’s position, or to care for a family member who has a serious health condition.

For more information concerning sick leave and other forms of leave available for the healthcare needs of a federal employee or an employee’s family member, please see OPM’s website.