5 C.F.R. § 630.401

Granting sick leave

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(a) Subject to paragraphs (b) through (e) of this section, an agency must grant sick leave to an employee when he or she—

(1) Receives medical, dental, or optical examination or treatment;

(2) Is incapacitated for the performance of his or her duties by physical or mental illness, injury, pregnancy, or childbirth;

(3) Provides care for a family member—

(i) Who is incapacitated by a medical or mental condition or attends to a family member receiving medical, dental, or optical examination or treatment;

(ii) With a serious health condition; or

(iii) Who would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by that family member's presence in the community because of exposure to a communicable disease;

(4) Makes arrangements necessitated by the death of a family member or attends the funeral of a family member;

(5) Would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease; or

(6) Must be absent from duty for purposes relating to his or her adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.

(b) The amount of sick leave granted to an employee during any leave year for the purposes described in paragraphs (a)(3)(i), (a)(3)(iii), and (a)(4) of this section may not exceed a total of 104 hours (or, for a part-time employee or an employee with an uncommon tour of duty, the number of hours of sick leave he or she normally accrues during a leave year).

(c) The amount of sick leave granted to an employee during any leave year for the purposes described in paragraph (a)(3)(ii) of this section may not exceed a total of 480 hours (or, for a part-time employee or an employee with an uncommon tour of duty, an amount of sick leave equal to 12 times the average number of hours in his or her scheduled tour of duty each week), subject to the limitation found in paragraph (d) of this section.

(d) If, at the time an employee uses sick leave to care for a family member with a serious health condition under paragraph (c) of this section, he or she has used any portion of the sick leave authorized under paragraph (b) of this section during that leave year, the agency must subtract that amount from the maximum number of hours authorized under paragraph (c) of this section to determine the total amount of sick leave the employee may use during the remainder of the leave year to care for a family member with a serious health condition. If an employee has previously used the maximum amount of sick leave permitted under paragraph (c) of this section in a leave year, he or she is not entitled to use additional sick leave under paragraph (b) of this section.

(e) If the number of hours in the employee's tour of duty is changed during the leave year, his or her entitlement to use sick leave for the purposes described in paragraphs (a)(3) and (4) of this section must be recalculated based on the new tour of duty.

[71 FR 47695, Aug. 17, 2006, as amended at 75 FR 75372, Dec. 3, 2010]

Notes of Decisions

Cited in 15 cases (5 in the last 5 years), 1974–2026 · leading case: Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632 (1974).

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Cleveland Bd. of Educ. v. LaFleur, 414 U.S. 632 (1974). · cites it 2× “, 5 CFR § 630.401 (b) (Civil Service Commission); 41 CFR § 60-20.”

Agee v. United States, 77 Fed. Cl. 84 (Fed. Cl. 2007). “”); 5 C.F.R. § 630.401 (e) (“If the number of hours in the employee’s tour of duty is changed during the leave year, his or her entitlement to use sick leave .”

Klees-Wallace v. Fed. Commc'ns Comm'n, 815 F.3d 805 (Fed. Cir. 2016). “2(e) and 2(f) herein; (c) to provide her supervisor upon request with medical certification substantiating, in accordance with 5 C.F.R. § 630.401 , the need for sick leave or any leave in lieu of sick leave, for any future absences related to her medical condition.”

Bennie L. Wade v. Dep't of the Navy, 829 F.2d 1106 (Fed. Cir. 1987). “Wade contends that in refusing to grant his request for sick leave the agency violated 5 C.F.R. § 630.401 which provides: SUBPART D — SICK LEAVE § 630.”

Robert D. Hammond v. Off. of Pers. Mgmt., 784 F.2d 392 (Fed. Cir. 1986). “II Chapter 75 I am troubled by the provisions of 5 C.F.R. § 630.401 (1969) which provide that an “agency shall grant sick leave to an employee when the employee .”

Michael A. Campana v. Dep't of the Navy, 873 F.2d 289 (Fed. Cir. 1989). “Sick leave as used in 5 C.F.R. § 630.401 (1988) is a term of art referring only to “accrued leave.”

Miller v. Bond, 641 F.2d 997 (D.C. Cir. 1981). “The Civil Service regulation covering the availability of sick leave, 5 C.F.R. § 630.401 , provides: Grant of Sick Leave An agency shall grant sick leave to an employee when the employee: (a) Receives medical, dental, or optical examination or treatment; (b) Is incapacitated for…”

Abbotts v. Comm'r, 50 T.C.M. 953 (Tax Ct. 1985). · cites it 8× “104-1(b) ), but more broadly allows "sick leave to an employee when the employee * * * [i]s incapacitated for the performance of duties by sickness, injury, or pregnancy and confinement" ( 5 C.”

Derik F Haller v. Dep't of Homeland Sec. (MSPB 2024). · cites it 2× “¶15 In his request for review, the appellant argues that the arbitrator applied an “incorrect and overly burdensome standard for using sick leave that imposed an obligation beyond the requirements of 5 C.F.R. § 630.401 (a) and [his] leave restriction letter.”

Ruiz (D. Ariz. 2026). · cites it 2× “) It further explained: 21 Use of [WSL] would supersede the use of [SL] as would have 22 otherwise been allowed in these circumstances under OPM’s 23 [SL] regulations at 5 C.F.R. § 630.401 (a)(5).3 Use of [WSL] would be subject to the normal conditions—for example, 24 [WSL] may…”

Monte Parham v. Dep't of Homeland Sec. (MSPB 2022). “5 C.F.R. §§ 630.401 (a), 630.405(a). We find that this mistake relates to a material assumption of fact underlying the settlement agreement because, as the parties state, without the ability to place the appellant in a sick leave status, the agency cannot comply with the…”

Cliftron Beaman v. Dep't of Homeland Sec. (MSPB 2024). “5 C.F.R. § 630.401 (a) (setting forth requirements for granting sick leave, including incapacitation due to illness or injury).”

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— 5 C.F.R. § 630.401(b) — 1 case

Abbotts v. Comm'r, 50 T.C.M. 953 (Tax Ct. 1985). “104-1(b) ), but more broadly allows "sick leave to an employee when the employee * * * [i]s incapacitated for the performance of duties by sickness, injury, or pregnancy and confinement" ( 5 C.”

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