Last Updated: October 21, 2026 Reading Time: 7 min

A federal employee recently posted that an SF-50 denied their step increase after a stretch of unpaid FMLA leave. Unpaid time can push a within-grade step increase back, but only after a set allowance, and only by the excess. A delay caused by leave without pay is not the same thing as a denial, and the difference changes what you do next.

How Long Each GS Step Takes

A within-grade increase comes after a waiting period of creditable service. Under 5 C.F.R. § 531.405(a)(1), for an employee with a scheduled tour of duty, steps 2, 3 and 4 each take 52 calendar weeks, steps 5, 6 and 7 take 104 weeks, and steps 8, 9 and 10 take 156 weeks.

The GS Step Increase Calculator shows those dates from your grade, step and last increase. What it cannot see is a stretch of unpaid leave, which is where the nonpay rule comes in.

The Nonpay Allowance: 2, 4 or 6 Workweeks

Unpaid time inside a waiting period is still creditable service up to a limit. The regulation, 5 C.F.R. § 531.406(b)(2), counts time in a nonpay status as creditable "when it does not exceed an aggregate of" a set number of workweeks, based on the tour of duty the time was charged from.

Your rate during the waiting period Unpaid time that still counts On a 40-hour week
Below step 4 (waiting for steps 2, 3 or 4) 2 workweeks 80 hours
Step 4 to below step 7 (waiting for steps 5, 6 or 7) 4 workweeks 160 hours
Step 7 and above (waiting for steps 8, 9 or 10) 6 workweeks 240 hours

Source: 5 C.F.R. § 531.406(b)(2)(i) to (iii). The hour figures are FedTools arithmetic for a full-time 40-hour tour; a part-time tour scales down (2 workweeks on a 20-hour tour is 40 hours).

The allowance is an aggregate for the whole waiting period, not per absence. Three separate weeks of LWOP in one waiting period below step 4 add up to 3 workweeks.

What Happens When You Go Over

Unpaid time beyond the allowance "shall extend a waiting period by the excess amount," under § 531.406(b)(3). The step does not disappear. Its date moves.

The waiting period starts over only after more than 52 calendar weeks of noncreditable nonpay status or a break in service, alone or combined, under § 531.405(b)(3). Time that is creditable under § 531.406 does not count toward that 52 weeks. Shorter LWOP delays the step; it does not reset the clock. Weeks you had already credited before the leave are kept.

Worked Example: GS-9 Step 3 With 6 Weeks of Unpaid FMLA

Take a full-time GS-9, step 3, working toward step 4, who takes 6 weeks of unpaid FMLA leave in that waiting period.

Step Figure
Waiting period for step 4 52 weeks
Nonpay allowance below step 4 2 workweeks (80 hours)
Unpaid FMLA taken 6 workweeks (240 hours)
Excess over the allowance 4 workweeks (160 hours)
New waiting period 56 weeks

FedTools calculation from 5 C.F.R. § 531.405(a)(1) and § 531.406(b)(2) to (3). The effective date of the delayed step depends on pay-period rules we have not computed here; ask HR for the exact date.

The step 4 increase is delayed 4 weeks, not denied. Two variations show how sensitive the result is:

  • If 2 of those 6 weeks were covered by paid leave you substituted under 5 C.F.R. § 630.1206, the unpaid time drops to 4 weeks and the delay to 2 weeks.
  • The same 6 weeks of LWOP for an employee at step 7 or above causes no delay at all, because that allowance is 6 workweeks.

Why FMLA Does Not Protect Your Step Clock

FMLA protects your job, not your waiting period. Part 531 has no FMLA exception, and OPM's FMLA rules at 5 C.F.R. § 630.1210 say that during unpaid FMLA leave ordinary leave-without-pay rules apply to benefits. For step increases, that means the § 531.406 allowance above.

FMLA does protect your step opportunity in one way: if you return to a different position after FMLA, it must carry the same opportunity for step increases.

Two kinds of LWOP count in full, with no allowance needed:

  • Military duty. LWOP for military service counts toward your step if you return under your restoration rights (§ 531.406(c)(1)(i)).
  • Workers' compensation. LWOP while you receive OWCP compensation does not delay your step (§ 531.406(c)(1)(ii)).

A Delay Is Not a Denial

Finishing the waiting period is one test. The other is a performance decision: your agency must determine that your work is at an acceptable level of competence (§ 531.409(a)). These are separate.

A real denial is a negative determination, and it "shall be communicated to the employee in writing," with the reasons and your right to ask for reconsideration (§ 531.409(e)(2)). LWOP alone is not a performance reason. If your SF-50 says "denied" and all you did was take unpaid leave, ask HR whether they mean a negative performance determination or a waiting-period extension under § 531.406. Those are different actions with different remedies.

If it is a real denial:

  1. Ask for reconsideration within 15 days of receiving the notice (§ 531.410(a)(1)). An extension may be available if you show you were not told of the deadline and did not otherwise know it, or that circumstances beyond your control prevented a timely request (§ 531.410(b)).
  2. If it is upheld, review follows your collective bargaining agreement if you are covered by one. Otherwise, you may appeal the sustained negative determination to the Merit Systems Protection Board (§ 531.410(d)).

One more distinction: an agency can sometimes delay the competence determination itself, in narrow cases. If the step is then granted, it is paid back to the beginning of the pay period it would have taken effect (§ 531.409(c)). An LWOP extension works differently. It moves the date itself, so the retroactive rule does not cover the extra weeks.

Check Your Own Step Date

Use the GS Step Increase Calculator to find your normal next step date from your grade, step and the date of your last increase. Then add any unpaid time beyond your 2, 4 or 6 workweek allowance to see roughly where the delayed date lands, and confirm the exact date with HR.

Frequently Asked Questions

Does unpaid FMLA leave delay a GS step increase?

It can. Unpaid FMLA leave is treated like any other leave without pay for step increases. Up to 2 workweeks in a waiting period below step 4, 4 workweeks from step 4 to below step 7, or 6 workweeks at step 7 and up count as creditable service; anything beyond that delays the step by the excess.

How many hours of LWOP can I take before my step increase is delayed?

On a full-time 40-hour week, 80 hours if you are below step 4, 160 hours from step 4 to below step 7, and 240 hours at step 7 and above, counted across the whole waiting period. Part-time tours scale down.

Does LWOP reset my step increase waiting period?

Only if noncreditable nonpay status or a break in service, alone or combined, runs past 52 calendar weeks; time that stays creditable under § 531.406 does not restart it. Shorter LWOP pushes the step back by the time over your allowance, and the weeks you already credited are kept.

Does military LWOP count toward a step increase?

Yes, if you return under your restoration rights. LWOP while you receive workers' compensation also counts in full.

My SF-50 says my step increase was denied after LWOP. What do I do?

Ask HR whether it is a negative performance determination or a waiting-period extension. A real denial must be in writing with reasons and your right to request reconsideration. Normally you have 15 days from receiving the notice to file; an extension may be available if you show you were not told of the deadline and did not otherwise know it, or that circumstances beyond your control prevented a timely request.

Do I get back pay for a step increase delayed by LWOP?

The retroactive-pay rule does not cover an LWOP extension, which moves the date the step is due. Back pay applies when the agency delays the performance determination itself and then grants the step.

Sources