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MARADMIN 027/19

Safety and Weather Leave for Appropriated Fund USMC Civilians

This MARADMIN implements weather and safety leave provisions for appropriated fund USMC civilians in accordance with the Administrative Leave Act of 2016. The message clarifies that weather and safety leave may be granted when employees are prevented from safely traveling to or performing work due to acts of God, terrorist attacks, or other dangerous conditions, but teleworkers are generally not eligible unless they face unexpected weather or unsafe telework sites. Supervisors must ensure telework agreements are in place and that teleworkers understand these provisions.

Issued: January 11, 2019
1. Reference (a) is a law that establishes weather and safety leave as a new form of paid leave for civilians.  References (b) and (c) implemented the law and reference (d) provided amplifying information on the provisions of the law, including clarifying how weather and safety leave interacts with telework.  This MARADMIN provides instructions for implementing weather and safety leave in accordance with references (a) through (d) and supplements the information in reference (e).
2.  Pursuant to references (a) through (d), an agency may grant weather and safety leave to employees only if they are prevented from safely traveling to or safely performing work at a location approved by the agency due to:
    a. An act of God;
    b. A terrorist attack; or
    c. Another condition that prevents an employee or group of employees from safely traveling to or safely performing work at  an approved location.
3.  Civilians who telework at an approved home worksite are not prevented from safely traveling to their work location, thus are not eligible for weather and safety leave.  Civilians who telework  at an approved worksite outside of the home are also not entitled to weather and safety leave unless they are prevented from safely traveling to or performing work at the telework site.
4.  Reference (c) broadly defines a teleworker as anyone eligible for telework with a telework arrangement in place, whether or not there are extended periods between telework days.  Reference (d) makes it clear teleworkers (both those with regular and recurring telework and those on a situational telework arrangement):
    a. Are expected to work during periods of closures;
    b. Are expected to prepare to telework when it is reasonably anticipated a closure will occur (i.e., be telework-ready);
    c. Are prohibited from being granted weather and safety leave except in limited circumstances; and,
    d. Will be required to use their own leave if they choose not to work.
5.  The limited circumstances that would make a teleworker eligible for weather and safety leave are:
    a. Unexpected weather.  An agency may provide weather and safety leave to a teleworker who, in the judgment of the agency, could not have reasonably anticipated the severe weather or other emergency condition and therefore did not take home needed equipment or work.  For example, an area weather forecast changes dramatically during the weekend so an employee cannot reasonably be expected to telework on Monday.
    b. Unsafe telework site.  An agency may provide weather and safety leave to a teleworker who is prevented from safely working at the telework site (such as by flooding or a roof collapse) as a result of the severe weather or other emergency event.  In this  case, the home or other approved telework site is also impacted in such a way that work cannot be safely performed.
6.  Reference (e) authorizes supervisors to approve an employee's request to telework.  Supervisors are responsible for ensuring all teleworkers have a telework agreement in place.  Supervisors are also responsible for ensuring teleworkers are familiar with the weather and safety leave provisions and how the provisions apply to teleworkers.
7.  DoD has added a new code for weather and safety leave in the Standard Labor Data Collection and Distribution Application.  In the Ehz block, select code PS (administrative leave for weather and safety leave); in the THC block, select code LN (administrative leave).
8.  Questions regarding this message can be addressed to the POC identified above.
9.  Release authorized by BGen W. H. Swan, Director, Manpower Plans and Policy Division.