Policy – TCN: Suspension, Leave, and Absences
AmeriCorps provided this brief Member Suspension Resource (the following five paragraphs) on June 9, 2022.
This resource provides clarification about member suspensions outlined in 45 CFR part 2522.230, www.ecfr.gov/current/title-45/subtitle-B/chapter-XXV/part-2522/subpart-B/section-2522.230 and the technical management within eGrants.
Additional information about member suspensions can be found in the My AmeriCorps Member Management Guide, which is available on the AmeriCorps.gov Grantee pages, under “Manage Member” resources.
Note from The Corps Network: This guide was created more than 10 years ago and includes info other than suspensions, not all may be up to date so please refer to The Corps Network’s AmeriCorps Program Manual as well.
The My AmeriCorps Member Management Guide states, “The effective date of the reinstatement must be after the suspension date and before the member’s required completion date.” AmeriCorps interprets this language as a reinstatement logically cannot occur before the suspension date or after the required completion date. The effective date of reinstatement is in between those two dates.
When a member is reinstated, their number of suspension days are added to their original Service End Date to account for the suspension time. This adjustment ensures the required completion date comes after the reinstatement date. If needed, a member can be suspended for longer than two years in eGrants. The member will stay enrolled in the project – ready to be reinstated and finish their term. If the member decides not to return to service, a program may proceed directly with exiting the member, no reinstatement is needed. The Service End Date in eGrants should be the date the member informs the program that they are not returning to service.
Member suspension can impact grant closeout, as the prime cannot be closed until all members are exited. The grant can remain open longer via a one year, No-Cost Extension until the suspended member is exited either after returning to service or opting not to return to service.
Policies: The following policies set forth standards in AmeriCorps member management specifically related to the living allowance, length of terms, allowed leave and disciplinary actions related to unexcused absences.
Purpose: To assist Subgrantees in developing their own required, internal policies and procedures related to AmeriCorps member leave.
Scope: The policy standards set forth apply to all members in The Corps Network’s (TCN) grants (except where the living allowance is discussed). Subgrantees of TCN must be in compliance with this policy.
Policy Requirements: To ensure members are on track to complete their total hours by the end of the term, staff should meet regularly with members to discuss any issues of concern. Subgrantees should schedule mid-term evaluations for all members, not just the required FT 1700 hour, TQT 1200 hour, HT 900 hour, and RHT 675 hour members
Determining Term Length for Successful Completion
All Subgrantees (Corps) must have their own written policies on member leave, provided in a Member Handbook or Service Agreement and acknowledged by each member. In most states AmeriCorps members are not considered employees and as such, are not entitled to vacation time, compensatory time or sick leave. Reasonable leave time is defined as time off that will not prevent the Subgrantee from achieving its objectives. Additionally, leave or time off must not keep the member from meeting the minimum number of hours required for their specific term of service to receive the AmeriCorps Education Award.
Therefore, Subgrantees must build in time for reasonable and appropriate leave during their term of service i.e. sick days, holidays, family issues, etc. You need to calculate the number of hours per week the member will serve (that will count towards their award), any holidays during that period, the ½ hour required lunch that does not count towards their term hours, and possible days off due to personal circumstances and then determine the length of the term of service in which to enroll each member.
Hours/Week + Holidays (not counted towards Education Award) + Personal Days = Min. Term Length
Example: If you have a QT 450 hr. member serving a three month term, depending on how many hours per week they serve (30, 35, 40), they may not meet their total hours if they have to take days off during that time period.
A member must average 142 hours per month to complete a Full Time 1700 hour term in the 12 months allowed.
Living Allowance
The living allowance is not a stipend or wage and may not be paid on an hourly basis. It is an allowance to help cover basic costs of living and does not correlate, in any way, to hours served in a pay period. It is paid in accordance to each Subgrantees standard payroll processes – weekly, semi-monthly, monthly or on the 15 and 30/31 of the month – and is paid in equal increments throughout the term regardless of attendance during a pay period. Timesheets must reflect your programs pay periods.
Example: If members are paid twice a month and enrolled in a 900hr, six month term of service, and the total living allowance is $7,200 for the term, each pay period the member would be paid $600. If a member misses one or more days during that pay period and is not suspended, then they receive the entire $600 unless a fine is imposed. The fine (not determined on an hourly basis) schedule must be included in your written policies. Note: the $7,200 is a random number and may not meet the CNCS requirements.
EAP sites that choose to pay their members (while not an AmeriCorps requirement, is a requirement for membership in The Corps Network for Organizational/Full Members) must comply with the AmeriCorps rules i.e. members not paid on an hourly basis, and within the minimum and maximum amounts allowed by AmeriCorps for each term of service type. EAP Subgrantees must contact TCN at the beginning of each grant cycle to allow Corps to pay an hourly wage based on funding source or time spent on disaster services, etc.
Determining Approved Absences
All leave must be approved in advance and verifiable. Circumstances may include personal or family issues; court involvement; the birth of a child. There may be certain instances when time off may not be approved due to program scheduling – to be determined by each Subgrantee. Subgrantees must have a process in place and in writing for approving requested leave.
Example: Crew Leaders/Supervisors forward time-off requests to Program Staff for approval before granting excused leave.
When approving leave Subgrantee staff should consider the following: Is the member on track to earn their required hours within their scheduled term?
Members who are on-track to achieve their total hours/term requirement may be granted short-term (i.e., a few days) time off for personal matters. Staff should exercise prudent judgment in granting personal time off so project objectives are not compromised.
Members who are not on-track to achieve their total hours/term requirements may be granted time off to meet urgent personal needs only, such as court dates, urgent medical issues, family bereavement, etc. Members must develop a plan to make up the hours missed and successfully complete their term. If the member is receiving a living allowance and successful completion becomes impossible and the time off is considered personal and compelling circumstances, at that time staff may determine if a pro-rated (Partial) Education Award is an option. Also consider suspensions for these purposes if the absence will be longer than five days. AmeriCorps prefers suspensions not be permitted for short term absences. Again, you must have a written policy on this (see “Long Term Absences – Suspension in eGrants” section on the next page).
Holiday Leave
Members may be eligible for the same holidays as employees of the Subgrantee without affecting their living allowance. However, holiday hours, if not served do not count toward the service hours required for an education award. Subgrantees must ensure that members are aware of the holidays prior to starting their term of service. These should be listed in the Member Service Agreement or Member Handbook.
Medical Leave
Subgrantees must build in adequate days within the term of service that can be used as approved sick leave, personal leave for appointments, etc. that will allow for successful completion of the program within the term outlined in the Member Service Agreement. For serious illnesses or extended leave situations, a Member must be suspended in eGrants (see “Long Term Absences – Suspension in eGrants” section on the next page). Illness that results in accommodation needs (reduced hours/day) should be documented with doctor’s notes and renegotiated with a signed/dated addendum to the Member Service Agreement that outlines the new requirements for hours and length of term of service.
Parental Leave
Uncompensated leave may be granted to members for a reasonable amount of time after the birth or adoption of a baby. Reasonable accommodations or uncompensated leave may be provided to a member prior to the birth of a baby or at a doctor’s request for a specified time-period. AmeriCorps enrollment will be suspended for that time and reinstated when the member is able to return. Service days missed during suspension will be added to the original end-of-term date, thereby extending the program timeframe in which to accrue hours.
Armed Forces Reserves
Generally, the Reserves of the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine Corps, U.S. Coast Guard, the Army National Guard and the Air National Guard require reservists to serve one weekend a month plus 12 to 15 days a year (two-week active duty service). If members have a choice of when to fulfill their annual two-week active duty requirement, they should attempt to do so when it will not disrupt their AmeriCorps service. In instances where the dates of active duty are inflexible and conflict with AmeriCorps service, members will be granted a leave for the two-week active duty service in the Reserves, at which time they will be suspended in eGrants.
Members will not receive a living allowance for additional Reserves-related service beyond the two-week active duty service. Also, no AmeriCorps service credit is earned for the once-a-month weekend service in the Reserves. Members will only receive credit for AmeriCorps service hours during their two weeks of active duty service in the Reserves if it occurs during their AmeriCorps term of service. The member would receive credit for the number of hours he or she would have served during that period had there been no interruption. For example, if a full-time member is scheduled to serve 40 hours of AmeriCorps service one week and 40 hours of AmeriCorps service on the following week, he or she would receive 80 hours of AmeriCorps service credit for the two weeks of active duty service regardless of the actual number of hours served in the Reserves. Members will continue to receive the living allowance, and if applicable, health care coverage and childcare benefits for their mandatory two-week period of active duty service.
Jury Duty
Members who are called to serve on jury duty are allowed to do so. Example: They must provide a copy of the jury duty summons to their supervisor, who will provide a copy to the AmeriCorps Program Coordinator for inclusion in the member’s file. During the time they serve as jurors, members will continue to earn service hours and receive their living allowance, and if applicable, health care coverage and childcare benefits. Members are also allowed to keep the jury duty pay they receive from the court.
Programmatic Suspension
Members may also be suspended for programmatic reasons such as the need to conduct a disciplinary investigation or during the grievance process. Suspensions may be granted up to 90 calendar days or until the scheduled end of the term of service, whichever date is earlier. While suspended, members are not eligible to earn hours towards their award, for the living allowance, and if applicable, childcare benefits.
However, they will continue to receive health care coverage, if applicable. Subgrantees should refer to the Grievance Procedure policy for situations associated with that process.
Long-Term Absences – Suspension in eGrants
Suspending a member in eGrants is used when members are unable to serve for an extended period of time (approximately a five days or more) yet remain enrolled in the AmeriCorps program. In the event of a long-term consecutive day absence, when no service hours were earned, the member’s term of service must be ‘suspended’ in eGrants for the duration. Suspension from service will occur for long-term absence regardless of reason, be it personal or medical, planned or unplanned. During suspension, the member will forgo that portion of their stipend and will not accrue hours toward the education award.
Service hours missed during suspension must be made up prior to the end of the program year (suspension days will automatically be added to the end date once the member is reinstated to allow time to successfully complete the term). If the member is unable to return to service following suspension due to injury, illness or personal situation, the member must be ‘reinstated’ and released from the program. The member may qualify for a compelling personal circumstance which would allow them to receive a prorated AmeriCorps education award. Suspensions (Change of Status in eGrants) should be used for extended medical problems, family issues, jury duty, annual National Guard service, disciplinary issues or other “compelling personal circumstances”.
Suspensions ARE NOT intended for a one or two day absence or if a member does not show up for a day or more for whatever reason with or without notice.
Process for Suspension in eGrants
Complete the Suspension Form (in the Manual) and keep it in the member’s file.
Create a Change of Status/Suspension Form in eGrants. This is a two part process like many forms in eGrants – first create the form and then go back in and approve (or reject) it. Once a suspension form is approved, it’s a done deal, it cannot be re-opened without contacting our Program Officer who may or may not re-open it, depending on the circumstance. You approve these forms yourself.
You have 30 days to suspend the member from the first date they did not earn hours. If you think the member will only be out for a day or two then do not suspend them in eGrants. If they require a longer absence for a compelling circumstance, then go into eGrants and suspend them starting on the first day they did not earn hours towards the award.
If a member has been “suspended” for one month, you must contact them to check the status of their return:
If they plan to return, make a note in their file as to the anticipated return date. Continue to check in with the member at least once a month until they return in case circumstances change. Documentation of this must be kept in the member’s file (see Manual for a documentation form)
If they do not plan, or are not able, to return, decide whether you are able to exit them with a partial award or no award based on the reason for not returning. If it is determined that a partial award is appropriate, make sure that you have a signed exit form and Partial Award form. If the member is unable to sign the form and is exiting with no award, staff should enter “unavailable to sign” in place of the member’s signature.
Either way, you must reinstate them using the date you were notified they would not be retuning before exiting (use the following date for exit date as these two actions cannot be logged as the same date in eGrants) and note the Reinstatement date at the bottom of the Suspension form.
Note: If a suspended (for whatever reason) member does not return because he/she found meaningful employment during the suspension, they do not qualify to receive a Partial Award for employment.
Making up Missed Hours
If a member has excessive absences, the member may need to volunteer with an external organization in a non-compensated status to earn additional service hours for the education award. The Subgrantee is not responsible for providing additional service assignments outside of regularly scheduled service days or beyond the program year for members with inadequate hours due to excessive absence. Additional service hours must be approved by Subgrantee program staff to ensure compliance with AmeriCorps prohibited service activities and the “host” agency staff must sign a volunteer timesheet (in Manual) to record and verify the member’s time. This timesheet should be attached to the Corps’ timesheet to verify hours served and logged in eGrants when exiting the member.
Unexcused Absences (adapt as needed for your written policies)
An absence will be considered unexcused if a member:
- Fails to call in before 7:00 AM
- Fails to attain prior approval for leave
- Fails to document an extended medical leave
Subgrantee staff should be aware of patterns of repeated unexcused absences and report them to the appropriate program staff (as necessary) to determine discipline. Accumulation of unexcused leaves may result in suspension without compensation or possibly termination if the behavior continues.
Voluntary Resignation or Termination
Any member who resigns or is terminated from the program before the completion of their service term without qualifying ‘compelling personal circumstances,’ will not be eligible for any portion of their education award or interest accrual payments. Loan forbearance and health insurance will be discontinued.
AmeriCorps members are not eligible for unemployment benefits in most states.
Disciplinary Procedures and Graduated Consequences
Disciplinary procedures should support the overall mission of the Subgrantee and contribute to member personal and social development. Rules and regulations governing the Subgrantee should be reasonable and consistently enforced and obeyed by both members and staff.
Disciplinary action may take many forms. Subgrantees may determine appropriate disciplinary actions in each circumstance, including beginning the process at any stage, skipping steps, or modifying this guidance as appropriate. However, Subgrantees must have a written policy which must be provided in one or both of the Member Service Agreement and/or Member Handbook. This graduated policy, below, is a recommended best-practice.
Verbal Warning/Counseling. The staff discusses the warning with the member.
Written Warning/Incident Report. The staff documents the reprimand in an incident report to be placed in the member’s personnel file.
Disciplinary Contract/Probation. Disciplinary probation places a member under close supervision for a designated period and requires the member to satisfy written expectations by specified calendar dates to avoid suspension or termination.
Suspension. Staff may suspend a member with or without pay as a sanction for unacceptable misconduct, for repeated deficiencies, or as an interim measure during which time the Subgrantee makes an investigation into an allegation of misconduct that could be the basis for termination. This suspension does not have to be entered into eGrants with an outlined policy in place that explicitly describes this consequence. Note: a suspension without pay must be entered into eGrants; however you may impose a fine without suspending the member in eGrants.
Termination. Complete release from participation and benefits. A pro-rated education award will not be available to members released from the program for disciplinary reasons.
Disciplinary Suspension
AmeriCorps members may be temporarily suspended for disciplinary reasons. These reasons may include chronic tardiness or leaving the project site without approval of the Crewleader or sponsor agency. Members who are suspended for disciplinary reasons will not receive a living allowance during this time and hours will not be credited toward their total service hours. Members on disciplinary suspension will continue to receive health care coverage, if applicable.
