Leave Without Pay (LWOP) is a temporary non-pay status and absence from duty that, in most cases, is granted upon an employee’s request.
The Family and Medical Leave Act of 1993 (FMLA), Public Law 103-3, dated February 5, 1993.
The Uniformed Services Employment and Reemployment Rights Act of 1994, Public Law 103-353.
Executive Order 5396, dated July 17, 1930.
5 CFR 353
5 CFR 630, Subpart L, Family and Medical Leave
It is the policy of the Department to grant leave without pay only:
- when it will be of mutual benefit and interest to the Department and to the employee.
- when there is a reasonable expectation that the employee will return to his/her position upon expiration of the leave, except when action is pending on the employee’s claim for disability retirement or disability compensation.
Common Uses of Extended Periods of LWOP:
- education purposes;
- recovery from an illness or disability not of a permanent nature;
- certain family and medical needs that meet the provisions of the Family and Medical Leave Act (FMLA);
- to protect an employee’s rights and benefits while a claim for disability retirement is pending with OPM.
- for the period while still employed by the Department of the Interior, the employee is receiving workers’ compensation payments from the Department of Labor.
- for an employee who is elected or appointed to a union office that occupies all or part of his work time to transact union business that is directly concerned with the functions of the bureau.
Authorizing LWOP is a matter of supervisory discretion. Employees, however, have an entitlement to LWOP under the following situations:
- Disabled veterans for necessary medical treatment (Executive Order 5396, July 17, 1930);
- A period of service in uniformed service (Pub.L. 103-353);
- For certain family and medical needs that meet the provisions of the Family and Medical Leave Act (FMLA) (Public Law 103-3, February 5, 1993);
- For the period while still employed by the Department of the Interior, the employee is receiving workers’ compensation payments from the Department of Labor.
Life Insurance: Life Insurance (FEGLI) coverage continues for 12 consecutive months in a nonpay status without cost to the employee (5 CFR 870.401(c)), or to the agency (5 CFR 870.401(d)). The nonpay status may be continuous, or it may be broken by a return to duty for periods of less than 4 consecutive months.
Health Benefits: Enrollment continues for no more than 365 days in a nonpay status. The nonpay status may be continuous or broken by periods of less than 4 consecutive months in a pay status (5 CFR 890.303(e)). The Government contribution continues while employees are in a nonpay status. The Government is responsible for advancing from salary the employee share as well. The employee may choose between paying the agency directly on a current basis or having the premiums accumulate and withheld from his or her pay upon returning to duty.
Retirement Benefits: A total of 6 months in a nonpay status in any calendar year is creditable service. Coverage continues at no cost to the employee while in a nonpay status. When employees are in a nonpay status for only a portion of a pay period, their contributions are adjusted in proportion to their basic pay. (5 U.S.C. 8332 and 8411)
Leave Accrual:
When a full-time employee accumulates 80 hours of LWOP during a pay period, the employee does not earn annual or sick leave during that pay period. The employee earns leave in the next succeeding pay periods until he or she again accumulates 80 hours of LWOP during a pay period (5 CFR 630.208).
When a part-time employee is in a nonpay status, he or she will accrue less annual leave and sick leave, since part-time employees earn leave based on a pro-rata basis (5 CFR 630.303 and 630.406).
Thrift Savings Plan (TSP)
Agencies should refer to the TSP Bulletin No. 01-22, dated May 3, 2001.
Employees should refer to the TSP Fact Sheet - Effect of Nonpay Status on TSP Participation. Both issuances are available at www.tsp.gov. Of particular importance is the requirement to notify the TSP recordkeeper, the National Finance Center (NFC) when an employee with a TSP loan enters an approved nonpay status. If NFC is not notified, a taxable distribution may result.
