Electronic Code of Federal Regulations

Title 41: Public Contracts and Property Management
PART 301-70—INTERNAL POLICY AND PROCEDURE REQUIREMENTS

Subpart F—Policies and Procedures for Emergency Travel of Employee Due to Illness or Injury

§301-70.500   What governing policies and procedures should we establish relating to emergency travel?

Each agency must determine:

(a) When you will authorize emergency travel under part 301-30;

(b) Who will determine if the employee's situation warrants payment for emergency travel expenses;

(c) When and by whom travel to an alternate location other than official station or point of interruption will be authorized; and

(d) Who will determine when and if the definition of family may be extended and to whom.

§301-70.501   Does per diem continue when an employee interrupts a travel assignment because of an incapacitating illness or injury?

Yes, when an employee interrupts a travel assignment because of an incapacitating illness or injury and takes leave (annual or sick), per diem will be allowed, not to exceed the maximum rate for the location where the interruption occurs, for a reasonable period, normally not to exceed 14 calendar days (including fractional days) for any one period of absence. You may approve a longer period if justified.

[FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

§301-70.502   Are there any limitations to the payment of these expenses?

Yes, there are limitations to the payment of these expenses. Per diem is not payable, or if paid, must be collected from the employee when—

(a) The employee is confined to a hospital or medical facility that is within the proximity of the official station or that is the same one the employee would have been admitted to if the illness or injury had occurred while at the official station; and/or

(b) The Government provides or reimburses the employee for hospitalization under any Federal statute (including hospitalization in a Department of Veterans Affairs (VA) medical center or military hospital) other than 5 U.S.C. 8901-8913 (Federal Employees Health Benefits program).

[FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002, as amended by FTR Amdt. 2010-07, 75 FR 72967, Nov. 29, 2010]

§301-70.503   What additional emergency expenses should we allow?

When an employee discontinues a TDY assignment before its completion due to an incapacitating illness or injury, you may pay—

(a) Transportation and per diem expenses for travel to an alternate location to receive medical treatment;

(b) Transportation and per diem expenses to return to the official station; and

(c) Transportation costs of a medically necessary attendant.

[FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

§301-70.504   When the employee is able to travel, should we continue the use of the existing travel authorization?

Not if the interrupted trip was authorized under a trip by trip authorization. If, when the employee's health has been restored, the agency decides that it is in the Government's interest to return the employee to the TDY location, such return is considered to be a new travel assignment at Government expense. An interrupted trip authorized under an open or limited open authorization may be continued without further authorization.

[FTR Amdt. 70, 63 FR 15971, Apr. 1, 1998. Redesignated by FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

§301-70.505   May any travel costs be reimbursed if the employee travels to an alternate location for medical treatment?

Yes. When an employee interrupts a TDY assignment because of an incapacitating illness or injury and takes leave of absence for travel to an alternate location to obtain medical services and returns to the TDY assignment, you may reimburse certain excess travel costs provided in this section. Specifically, you may reimburse the excess (if any) of actual costs of travel from the point of interruption to the alternate location and return to the TDY assignment, over the constructive costs of round-trip travel between the official station and the alternate location. The nearest hospital or medical facility capable of treating the employee's illness or injury will not, however, be considered an alternate location.

[FTR Amdt. 70, 63 FR 15971, Apr. 1, 1998. Redesignated by FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

§301-70.506   How do we define actual cost and constructive cost when an employee interrupts a travel assignment because of an incapacitating illness or injury?

(a) Actual cost of travel will be the transportation expenses incurred and en route per diem for the travel as actually performed from the point of interruption to the alternate location and from the alternate location to the TDY assignment. No per diem is allowed for time spent at the alternate location if confined to a medical facility.

(b) Constructive cost is the sum of transportation expenses the employee would reasonably have incurred for round-trip travel between the official station and the alternate location plus per diem calculated for the appropriate en route travel time.

[FTR Amdt. 70, 63 FR 15971, Apr. 1, 1998. Redesignated by FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

§301-70.507   May we authorize per diem if an employee discontinues a TDY assignment because of a personal emergency situation?

Yes. Expenses of appropriate transportation and per diem while en route may be allowed, with the approval of an appropriate agency official, for return travel from the point of interruption to the official station.

[FTR Amdt. 70, 63 FR 15971, Apr. 1, 1998. Redesignated by FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

§301-70.508   How do we handle reimbursement if the employee travels to an alternate location and returns to the TDY location because of a personal emergency situation?

You may reimburse certain excess travel costs (transportation and en route per diem) to the same extent as provided in §301-70.501 for incapacitating illness or injury to the employee.

[FTR Amdt. 70, 63 FR 15971, Apr. 1, 1998. Redesignated by FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

§301-70.509   What factors must we consider in expanding the definition of family for emergency travel purposes?

Agencies must consider on a case by case basis:

(a) The extent of the emergency;

(b) The employee's relationship to the individual involved in the emergency; and

(c) The degree of the employee's responsibility for the individual involved in the emergency.

[FTR Amdt. 70, 63 FR 15971, Apr. 1, 1998. Redesignated by FTR Amdt. 108, 67 FR 57967, Sept. 13, 2002]

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