5 C.F.R. § 630.804

Granting of funeral leave

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(a) An agency shall grant an employee such funeral leave as is needed and requested by him, not to exceed 3 workdays, without loss of or reduction in pay, leave to which he is otherwise entitled, or credit for time or service, and without adversely affecting his performance or efficiency rating. Funeral leave is granted to allow an employee to make arrangements for, or to attend, the funeral or memorial service for an immediate relative who died as the result of a wound, disease, or injury incurred while serving as a member of the armed forces in a combat zone. The 3 days need not be consecutive but if not, the employee shall furnish the approving authority satisfactory reasons justifying a grant of funeral leave for nonconsecutive days.

(b) An agency may grant funeral leave only from a prescribed tour of duty, including regularly scheduled overtime, or, in the case of a substitute employee in the postal field service, from a period during which, except for absence on funeral leave, the employee would have worked.

Notes of Decisions

Cited in 5 cases, 1979–2012 · leading case: Kelly Butterbaugh, Roseanne T. Faltin, John C. Marderness, Robert J. Bono v. Dep't of Just., 336 F.3d 1332 (Fed. Cir. 2003).

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Kelly Butterbaugh, Roseanne T. Faltin, John C. Marderness, Robert J. Bono v. Dep't of Just., 336 F.3d 1332 (Fed. Cir. 2003). · cites it 3× “5 C.F.R. § 630.804 (1968). That regulation has remained unchanged to this day.”

Welshans v. United States Postal Serv., 550 F.3d 1100 (Fed. Cir. 2008). “at 1338-39 (citing 5 C.F.R. § 630.804 ). Administrative agencies are expected to “construe the same term in closely related statutes consistently,” and since the term “days” had been construed to mean workdays in section 6326, we concluded that it should be construed to mean…”

Arthur C. Payne, Cross-Appellee v. Panama Canal Co., Cross-Appellant, 607 F.2d 155 (5th Cir. 1979). “See 5 C.F.R. § 630.804 (e). Absent such an express statutory or regulatory provision, we find the application of an inflation factor to be inappropriate.”

Whether Reservists Who Otherwise Qualify for Leave Under Both 5 U.S.C. § 6323(a) & 5 U.S.C. § 6323(b) Must Exhaust Available Leave Under Section 6323(b) Before Taking Leave Under Section 6323(a) (OLC 2012). “5 C.F.R. § 630.804 (2011) (emphasis added).”

Whether Reservists Must Exhaust Available Leave Under 5 U.S.C. § 6323(b) Before Taking Leave Under 5 U.S.C. § 6323(a) (OLC 2012). “5 C.F.R. § 630.804 (2011). 8 7 Although, unlike section 6323(d)(1), section 6323(b) does not expressly state that its leave is “at [the employee’s] request,” the absence of that language does not imply that section 6323(b) leave is mandatory.”

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