The title 5 statutes regarding leave administration can be found in 5 U.S.C chapter 63, Leave. (b) Subject to section 6304(c) of title 5, United States Code, the maximum amount of annual leave that may be carried forward into the next leave year by an employee who is transferred or reassigned to a position in which he is no longer subject to section 6304(b) of that title is determined as follows: (1) When, on the date prescribed by paragraph (c) of this section, the amount of an employee's accumulated and accrued annual leave is 30 days or less, he may carry forward the amount prescribed by section 6304(a) of title 5, United States Code; (2) When, on the date prescribed by paragraph (c) of this section, the amount of an employee's accumulated and accrued annual leave is more than 30 days but not more than 45 days, he may carry forward the full amount thereof that is unused at the end of the current leave year; (3) When, on the date prescribed by paragraph (c) of this section, the amount of an employee's accumulated and accrued annual leave is more than 45 days, he may carry forward the amount of unused annual leave to his credit at the end of the current leave year that does not exceed: (i) 45 days, if he is not entitled to a greater accumulation under section 6304(c) of title 5, United States Code; or. (c) In making a determination as to whether a medical emergency is likely to result in a substantial loss of income, an agency shall not consider factors other than whether the absence from duty without available paid leave is (or is expected to be) at least 24 hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, at least 30 percent of the average number of hours in the employee's biweekly scheduled tour of duty). (1) Crediting the restored annual leave to the leave donor's annual leave account in the current leave year; (2) Crediting the restored annual leave to the leave donor's annual leave account effective as of the first day of the first leave year beginning after the date of election; or. (1) A covered employee may also participate in a voluntary leave transfer program under subpart I of this part; (2) Except as provided in paragraphs (b) and (c) of this section, any annual leave previously transferred to an employee under the voluntary leave transfer program shall remain to the credit of the employee who later becomes a leave recipient in a leave bank and shall become subject to the agency's policies and procedures for administering this subpart; and. (i) If a leave recipient does not have sufficient available accrued annual leave to his or her credit to make the full minimum contribution required by this section, he or she shall be deemed to have made the minimum contribution. When the ongoing exigency ends, all restored annual leave under 5 U.S.C. chapter 81 and later recovers sufficiently to return to work. Leave year means the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year. When coverage under paragraphs (b) and (c) of this section ends due to the termination date of the exigency of the public business fixed by the agency under paragraph (f)(2), a new time limit will be established under paragraph (d) of this section for all annual leave restored to an employee under 5 U.S.C. (b) Employing agencies are responsible for, (1) Establishing and applying policies and procedures related to use of leave under this subpart that are consistent with OPM regulations and guidance described in paragraph (a) of this section; and. (4) Preclude subsequent use of both restored and accrued annual leave within the time limit specified in 630.306. 6304(c). When coverage under 5 U.S.C. (2) An employee may retroactively substitute annual leave or sick leave for leave without pay granted under this subpart covering a past period of time, if the substitution is made in conjunction with the retroactive granting of leave without pay under 630.1203(b). (iii) Use of leave under paragraph (a)(2) before the date of placement is limited to situations in which the employee must be absent to engage in activities necessary to allow an anticipated adoption or a foster care arrangement to proceed. WebThe short answer is yes. (a) In section 6301(2)(iii) of title 5, United States Code, the term temporary employee engaged in construction work at an hourly rate means an employee hired on a temporary basis solely for the purpose of work on a specific construction project and paid on an hourly rate. Since OPM policy the hierarchy of the document. Intermittent leave or reduced leave schedule. Veteran has the meaning given such term in 38 U.S.C. Medical certificate means a written statement signed by a registered practicing physician or other practitioner certifying to the incapacitation, examination, or treatment, or to the period of disability while the patient was receiving professional treatment. An employee is considered to be regularly assigned when his continuing duties are such that all or a significant part of them require that he serve aboard an oceangoing vessel. Donated annual leave not used by an emergency leave recipient must be returned to the leave bank as provided in 630.1117. (c) Another condition that prevents an employee or group of employees from safely traveling to or safely performing work at an approved location. (a) Record of placement on leave. (i) If, in the agency's judgment, the conditions in 630.1603 could not reasonably be anticipated, an agency may provide leave under this subpart to the extent an employee was not able to prepare for telework as described in paragraph (a)(3) of this section and is otherwise unable to perform productive work at the telework site. (1) An employee is entitled to elect whether or not to substitute paid leave for leave without pay under this subpart, as permitted in this section. Designating agency official to approve exigencies. 6305(a) and 6311 and E.O. (e) Agreement to make reimbursement when applicable. (c) Administration. (3) Donating such leave in whole or part to another leave recipient. (f) A leave recipient's employing agency shall accept the transfer of annual leave from leave donors employed by one or more other agencies when. Learn more. (h) If a leave recipient elects to buy back annual leave as a result of claim for an employment-related injury approved by the Office of Workers' Compensation Programs under 20 CFR 10.202 and 10.310, and the annual leave was leave transferred under 630.906, the amount of annual leave bought back by the leave recipient shall be restored to the leave donor(s). Overtime, Comp Time, and Credit Hours - GSA 2, 2002; 85 FR 48101, Aug. 10, 2020]. Gen. Opinion B-189531 (09/14/77), 25 Comp. (a) An employee who has been adversely affected by a disaster or emergency may make written application to his or her employing agency to become an emergency leave recipient. 59 FR 67129, Dec. 29, 1994, unless otherwise noted. Agency means an Executive agency as defined in 5 U.S.C. will also bring you to search results. 71 FR 47695, Aug. 17, 2006, unless otherwise noted. Emergency leave transfer program means a program established by OPM that permits Federal employees to transfer their unused annual leave to other Federal employees adversely affected by a disaster or emergency, as declared by the President. 6304(d), including a time limit established under paragraph (d) of this section that is determined based on the termination of the national emergency exigency. (1) Approve emergency leave donors under the conditions specified in 630.1109 and 630.1110 and determine how much donated annual leave is available for transfer to an affected agency; (2) Maintain records on the amount of annual leave donated by each emergency leave donor to the emergency leave transfer program (for the purpose of restoring unused transferred annual leave under 630.1117(b)). For example, if an employee has an uncommon tour consisting of six 24-hours shifts (144 hours) per biweekly pay period, the amount would be 864 hours. This employee certification may contain a statement in which the employee acknowledges an understanding of the consequences of providing a false certification (e.g., the possibility that the employing agency could pursue appropriate disciplinary action, up to and including removal from Federal Service, or make a referral to a Federal entity that investigates whether conduct constitutes a criminal violation). Veterans Benefits Administration means the Veterans Benefits Administration of the Department of Veterans Affairs. The Office of Personnel Management issued a memo on June 26 detailing how 2023 will have 27 pay periods instead of 26 pay periods. (3) Covered positions are subject to a performance appraisal system established under 5 U.S.C. Except as otherwise provided in this section, family and medical leave taken under 630.1203(a) must be leave without pay. The exigency of the public business as it affects an individual employee or group of employees must be terminated on the date one of the following events occurs, whichever is earliest: (i) When the President declares an end to the national emergency; (ii) When the Director of OPM deems the national emergency to no longer be an exigency of the public business for purposes of this authority; (iii) When the agency head (or designee), in his or her sole and exclusive discretion, determines that the services of an employee or group of employees are no longer essential to the response to the national emergency or that such employees are able to follow the normal leave scheduling procedures in 630.308(a); (iv) On the day that is 12 months after the national emergency has been declared, an agency head (or designee), in his or her sole and exclusive discretion, may extend this deadline annually by an additional 12 months; under no circumstances may an agency grant more than two 12-month extensions under this paragraph in connection with any national emergency (however, 630.309 may apply in the case of an extended exigency); or. (j) An agency may require an employee to report periodically to the agency on his or her status and intention to return to work. (2) An employee of a Judicial branch entity. An official website of the United States government. (1) The Director of OPM may deem a specific national emergency declared by the President under the National Emergencies Act (50 U.S.C. (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. 641 (5 U.S.C. 6304(a). (a) On the date of the employee's move, he or she shall become subject to the policies and procedures of the voluntary leave transfer and voluntary leave bank program (if applicable) of the new agency or organizational subunit; and. (b) Upon termination of a leave recipient's medical emergency, any annual leave previously transferred under the voluntary leave transfer program and remaining to the credit of a leave recipient shall be restored under 630.911(a) through (d). Secure .gov websites use HTTPS The fact sheets below provide information on various topics concerning leave administration for Federal employees covered under title 5 of the United States Code and title 5 of the Code of Federal Regulations. 101(2). The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 6303(a), the head of an agency or his or her designee may, at his or her sole discretion, provide credit for active duty uniformed service that otherwise would not be creditable under 5 U.S.C. (a) An agency may terminate a voluntary leave bank program only after it gives at least 30 calendar days advance written notice to current leave bank members. Redesignated at 75 FR 75373, Dec. 3, 2010]. For the purpose of this subpart, service abroad: (a) Begins on the date of the employee's arrival at a post of duty outside the United States, or on the date of his entrance on duty when recruited abroad; (b) Ends on the date of the employee's departure from the post for separation or for assignment in the United States, or on the date of his separation from duty when separated abroad; and. (1) Receiving an initial appointment to a civilian position in the Federal Government in which the service qualifies as employment under this subpart; (2) Receiving a qualifying reappointment to a civilian position in the Federal Government in which the service qualifies as employment under this subpart; or. This term does not include parents in law.. 6304(a), (b), or (c) and that is not used by the beginning of the first full biweekly pay period in the next leave year shall be subject to forfeiture. Calculators Leave Administration - U.S. Office of Personnel Management 6387. (h) Documentation of entitlement and employee certification. 6331(1); or. 105. (2) An agency may not deny an employee's election to make a substitution permitted under this section. Title II of the CPLM is available at the. 5383 (Senior Executive Service) or 5 U.S.C. When the term agency is used in the context of an agency making determinations or taking actions, it means the agency head or management officials who are authorized (including by delegation) to make the given determination or take the given action. (i) An employee of the Veterans Health Administration appointed under title 38, United States Code, in occupations listed in 38 U.S.C. (b) Leave under 630.1203(a)(3) or (4) may be taken intermittently or on a reduced leave schedule when medically necessary, subject to 630.1207 and 630.1208 (b)(6). Sick leave used in the computation of an annuity. So be careful to not spend the money if that is something you are considering. Please do not provide confidential (3) An employee must provide any documentation or certification required by the agency no later than 15 calendar days after the date the agency requests such documentation or certification.
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