Federal Daily - August 27, 2009

Proposed Sick Leave Changes Cover Pandemic Scenario

The Office of Personnel Management (OPM) is proposing changes to its existing pandemic regulations to allow agencies to advance as much as 30 days of sick leave to an employee when health authorities or health care providers determine that the employee’s presence on the job would jeopardize the health of others because of exposure to a communicable disease. An authority’s determination could apply to a person exposed to a disease who had not yet contracted it. Current regulations entitle employees to use accrued or accumulated sick leave under those circumstances. According to the proposed change published in the Federal Register, OPM also is proposing to let agencies advance a maximum of 13 days of sick leave per leave year to allow an employee to care for a family member who likewise was determined by a health provider to expose others in the community to health risks because of a communicable disease. To see more, go to:
http://edocket.access.gpo.gov/2009/E9-20610.htm.

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Unions Critical of DBB Decision to Overhaul NSPS

Federal employee unions sharply criticized the recommendation of the Defense Business Board (DBB) to overhaul, and not abandon, DoD’s controversial National Security Personnel System (NSPS). In a final report released Aug. 25, the DoD federal advisory committee recommended “reconstruction” for NSPS, which would include a total restructuring of the DoD pay-for-performance system and a name change. DBB said it did not call for abolition of the system because “the performance management system that has been created is achieving alignment of employee goals with organizational goals.” The report also said the reconstruction “should include a true engagement of the workforce in designing needed changes and implementation.” Getting employee buy-in to overhaul the system—which federal labor unions have criticized as unfair, not transparent and inequitable—is not going to be easy, according to labor leaders. “NSPS has been a complete and utter failure,” said William R. Dougan, president of the National Federation of Federal Employees. “The recommendation to keep NSPS going in light of the program’s failed history is baffling. NSPS should be discarded once and for all.” Also reacting to the report, American Federation of Government Employees President John Gage reiterated his union’s contention that NSPS was created by the previous administration as a way to curb the workplace rights of DoD civilian employees, including the right to collective bargaining. “A steady stream of DoD managers and supervisors have told us that NSPS is unfair, dishonest and ineffective,” Gage said. “We know that those under the system suffer from low morale and lower productivity.” About 205,000 of 865,000 DoD civilian employees are in NSPS. To see more, go to: www.defenselink.mil/dbb/pdf/Review_of_National_Security_
Personnel_System_Final_Report.pdf, www.nffe.org/ht/display/ReleaseDetails/i/13898 or www.afge.org/index.cfm?page=PressReleases&PressReleaseID=1039.

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OPM Proposes Expansion of FMLA Leave for Military Families

Eligible federal employees would receive up to 26 weeks of unpaid leave to care for a family member who is injured while serving in the active-duty military or reserves, under regulations proposed Aug. 26 by the Office of Personnel Management (OPM). The proposed rules, published in the Federal Register, implement changes to the Family and Medical Leave Act (FMLA) enacted last year. To be eligible, a federal employee must be the spouse, son, daughter, parent or next of kin of a covered servicemember with a serious injury or illness. The covered servicemember must be a current member of the armed forces, including the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty. The proposed regulations also would permit an employee to substitute annual or sick leave, including advanced annual or sick leave, for any part of the 26-week period of unpaid FMLA leave to care for a covered servicemember. The proposed rule limits the 26 weeks of unpaid leave to any 12-month period. Under the proposed rule, the 480-hour (12-week) limitation per year for a full-time employee on the use of sick leave to care for a family member with a serious health condition would not apply, OPM said. And, an agency may advance up to 30 days of sick leave per year for employees. Public comment deadline is Oct. 26. To see more, go to: http://edocket.access.gpo.gov/2009/E9-20610.htm.

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