(2) An agency may require an employee to submit the medical certification described in 630.1307(a) before approving such retroactive substitution. (c) Employees may not receive weather and safety leave for hours during which they are on other preapproved leave (paid or unpaid) or paid time off. (3) Covered positions are subject to a performance appraisal system established under 5 U.S.C. For Civilian Pay questions, please contact your Customer Service Representative (CSR). In the case of an agency in the Executive branch, it means an Executive agency as defined in 5 U.S.C. Accruals A. Shared leave status means the administrative status of an employee while the employee is using transferred leave under this subpart or leave transferred from a leave bank under subpart J of this part. (b) If an agency terminates a voluntary leave bank program before the termination of the medical emergency affecting a leave bank recipient, annual leave transferred to a leave bank recipient shall remain available for use under the rules set forth in subpart I of this part. (c) Any other entity of the Federal Government that employs officers or employees to whom subchapter I of chapter 63 of title 5, United States Code, applies. (5) At the end of the biweekly pay period in which the agency receives notice that the Office of Personnel Management has approved an application for disability retirement for the leave recipient under the Civil Service Retirement System or the Federal Employees Retirement System. [59 FR 67129, Dec. 29, 1994, as amended at 61 FR 64451, Dec. 5, 1996]. The purpose of this subpart is to set forth procedures and requirements for a voluntary leave transfer program under which the unused accrued annual leave of one agency officer or employee may be transferred for use by another agency officer or employee who needs such leave because of a medical emergency. Employee means an employee or individual covered by 630.802. the Federal Service. The facts must be sufficient to support the need for leave. Mail the SF 3108, RI 20-97, and a copy of your DD 214 to DA Office of the Assistant Secretary, Manpower & Reserve Affairs, SW Civilian Personnel Center, ATTN: ABC-C 301 Marshall Ave, Fort Riley, KS 66442-5004. (This may include a continuation of a previous situation or circumstance.). Limitation on the amount of donated annual leave received by an emergency leave recipient. Limitations on contribution of annual leave. For example, if an employee has an uncommon tour consisting of six 24-hour shifts (144 hours) per biweekly pay period, the amount would be 864 hours. Active-duty military service and leave accrual 0 By Reg Jones on July 2, 2013 Uncategorized Q. (See 5 U.S.C. One hour (or appropriate fraction thereof) of leave shall be charged for each hour (or appropriate fraction thereof) of absence from the uncommon tour of duty. An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. (2) The annual or sick leave to the employee's credit under paragraph (b)(1)(ii) of this section consists of the following: (i) Accrued or accumulated annual or sick leave under subchapter I of chapter 63 of title 5, United States Code (or equivalent annual or sick leave under another authority), without regard to the normal limitations on the use of sick leave; (ii) Advanced annual or sick leave approved under the same terms and conditions that apply to any other agency employee who requests advanced annual or sick leave, except that the normal limitations on the use of sick leave are not applicable; and. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G issued under 5 U.S.C. State means any State of the United States or the District of Columbia or any Territory or possession of the United States. (2) For the entire period during which an employee is covered by such an ongoing exigency, the employee will not be subject to time limits on usage of any restored leave to the employee's credit under 5 U.S.C. (5) Any additional information OPM may require. (2) If the employee's medical emergency has not yet terminated, once the employee has exhausted all leave made available to such employee under this subpart of subpart I of this part. (2) Reemployed in a position under subchapter I of chapter 63 of title 5, United States Code, on or after December 2, 1994. Shore leave means leave authorized by section 6305(c) of title 5, United States Code, and this subpart. Transferred annual leave means donated annual leave credited to an approved emergency leave recipient's annual leave account. For. (7) The same or equivalent opportunity for training or education benefits consistent with applicable laws and regulations, including any training that an employee may be required to complete to qualify for his or her previous position. (c) For the purpose of documenting a returning employee's entitlement to a recredit of sick leave under this section, the documentation criteria established in 630.502(g) shall apply. Credit for prior work experience and experience in a uniformed service for determining annual leave accrual rate. service for annual leave accrual. For non-retired members, full credit for uniformed service (including active duty and active duty for training) performed under honorable conditions is given for annual leave accrual purposes. Service abroad means service on and after September 6, 1960, by an employee This subpart implements 5 U.S.C. (c) An agency that terminates a voluntary leave bank program shall make provisions for the timely and equitable distribution of any leave remaining in the leave bank. This leave is not available to an employee who does not have a current parental role. (c) Each leave bank board shall consist of three members. NOTE: If you are receiving military retired or retainer pay, you can receive credit for leave accrual purposes for periods of military service during a war, or in a campaign or expedition for which a campaign badge has been authorized. You are also entitled to this leave if you are activated for a state emergency on orders from the Governor of that state. Maximum annual leave accumulationforty-five day limitation. [33 FR 12475, Sept. 4, 1968, as amended at 35 FR 14763, Sept. 23, 1970]. Matters of employee preference or convenience will not suffice. (f) An employee is not entitled to be returned to the same or equivalent position under paragraph (a) of this section if the employee would not otherwise have been employed in that position at the time the employee returns from leave. (b) The amount of unused transferred annual leave to be restored to each leave donor shall be determined as follows: (1) Divide the number of hours of unused transferred annual leave by the total number of hours of annual leave transferred to the leave recipient; (2) Multiply the ratio obtained in paragraph (b)(1) of this section by the number of hours of annual leave transferred by each leave donor eligible for restoration under paragraph (a) of this section; and. (3) Annual leave donated to an employee under the Voluntary Leave Transfer Program or the Voluntary Leave Bank Program, consistent with subparts I and J of this part, or equivalent donated annual leave under another authority. This basic service period is terminated by, (1) a break in service of 1 or more workdays, or. (a) When an employee transfers between positions under subchapter I of chapter 63 of title 5, United States Code, the agency from which he transfers shall certify his annual leave account to the employing agency for credit or charge. After taking into consideration the amount of donated annual leave available to all approved emergency leave recipients and the needs of individual emergency leave recipients, an employing agency may allow an employee to receive additional disbursements of donated annual leave based on the employee's continuing need. 1156 is considered a valid rating in applying this definition for as long as it is in effect. (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. For example, if an employee has a part-time scheduled tour of duty that consists of 40 hours in a biweekly pay period, the amount would be 240 hours. (d) An employee who moves to a position not covered by this section will no longer be entitled to the higher annual leave accrual rate established under paragraph (a) or (b) of this section, except as provided in 5 U.S.C. An employee who earned leave under the leave acts of 1936 or any other leave system merged under subchapter I of chapter 63 of title 5, United States Code, is entitled to a recredit of that leave under that subchapter if he would have been entitled to recredit for it on reentering the leave system under which it was earned. You are using an unsupported browser. For the purpose of determining the reduction of leave credits under this paragraph when an employee has one or more breaks in service during a leave year, the agency shall include all hours in a nonpay status (other than nonpay status during a fractional pay period when no leave accrues) for each period of service during the leave year in which annual leave accrued. The agency may, for justifiable cause, request that an employee reschedule medical treatment, subject to the approval of the health care provider. Subject to other provisions of this subpart, 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. (e) For the purpose of applying paragraph (d) of this section, the same entitlements and limitations in law and regulations that apply to the position, pay, benefits, status, and other terms and conditions of employment of an employee in a leave without pay status shall apply to any employee taking leave without pay under this part, except where different entitlements and limitations are specifically provided in this subpart. 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. A locked padlock
Upon satisfying these requirements, the leave donor's employing agency shall, (1) Reduce the amount of annual leave credited to the leave donor's annual leave account, as appropriate; and. Any other affected agency will make its own determination regarding application of the reimbursement requirement associated with agency employment. Movement between voluntary leave bank programs. Medical certificate means a written statement signed by a health care provider certifying to the treatment of a veteran's qualifying service-connected disability. (e) The time limits established under paragraphs (d)(1) and (d)(2) of this section for using restored annual leave accounts shall not apply for the entire period during which an employee's services are determined by the agency to be essential for the response to the national emergency. (3) In making a determination under paragraph (a)(2) of this section, an agency must evaluate whether any of the conditions in 630.1603 could be reasonably anticipated and whether the employee took reasonable steps (within the employee's control) to prepare to perform telework at the approved telework site. (c) Revocation of exclusion. Agency means an Executive agency as defined in 5 U.S.C. Oceangoing vessel means a vessel in use on the high seas or the Great Lakes; but does not include a vessel which operates primarily on rivers, other lakes, bays, sounds or within the 3-nautical-mile limit of the coastal area of the 48 contiguous States, except when used in mapping, charting, or surveying operations or when in or sailing to or from foreign, territorial, Hawaiian, or Alaskan waters, or waters outside its normal area of operations or outside the 3-nautical-mile limit. Qualifying service-connected disability means a veteran's service-connected disability rated at 30 percent or more by the Veteran Benefits Administration, including a combined degree of disability of 30 percent or more that reflects the combined effect of multiple individual disabilities, which resulted in the award of disability compensation under title 38, United States Code. Funeral leave means leave authorized by section 6326 of title 5, United States Code, and this subpart. (c) The agency shall establish written criteria permitting a leave bank board to waive the limitations on contributing annual leave under paragraphs (a) and (b) of this section. This subpart applies to officers and employees to whom subchapter I of chapter 63 of title 5, United States Code, applies. (2) An agency may not deny an employee's election to make a substitution permitted under this section. View the most recent official publication: These links go to the official, published CFR, which is updated annually. (3) For employees who are charged leave on a daily basis, the days equivalent of 12 administrative workweeks must be derived based on the average number of workdays in the employee's established tour of duty over a biweekly pay period. (2) An agency head authorized to issue regulations on family and medical leave under 5 U.S.C. D. 5 U.S.C. Son or daughter on covered active duty or call to covered active duty status means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty or call to covered active duty status, and who is of any age. 6304(d)(3) must be scheduled and used within the time limits prescribed in paragraphs (b)(1) and (b)(2) of this section: (1) A full-time employee shall schedule and use excess annual leave of 416 hours or less by the end of the leave year in progress 2 years after the date the employee is no longer subject to 5 U.S.C. section 712 of title 14, United States Code, Classifying Federal Wage System Positions, Frequently Asked Questions for Hybrid Work Environment, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives, (a) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or. (1) Annual leave that may be used for the purposes described in paragraph (a) of this section includes all accumulated, accrued, and restored annual leave to the employee's credit prior to the effective date of the reduction in force or relocation (including transfer of function) and annual leave earned by an employee while in a paid leave status after the effective date of the reduction in force or relocation (including transfer of function). (g) When an employee covered by paragraph (e) of this section moves to a position not covered by paragraph (e) of this section, any annual leave accumulated while serving in the former position that is in excess of the amount allowed for the position by 5 U.S.C. (Since the old schedule was 80 hours biweekly or an average of 40 hours weekly, the new part-time tour is half of the former full-time tour. (ii) To attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or the American Red Cross that are related to the covered active duty or call to covered active duty status of a covered military member. Notwithstanding paragraph (b)(1) of this section, an employee will be able to use the full amount of paid parental leave only to the extent that there are 12 weeks of available FMLA unpaid leave granted under the birth or placement provisions in 630.1203(a)(1) or (2) during the 12-month period commencing on the date of birth or placement. (f) Only the amount of leave taken intermittently or on a reduced leave schedule, as these terms are defined in 630.1202, shall be subtracted from the total amount of leave available to the employee under 630.1203 (e) and (f). 2105 who is employed in an agency, but does not apply to an intermittent employee who, by definition, does not have an established regular tour of duty during the administrative workweek. (c) The time limits established under paragraphs (a) and (b) of this section for using restored annual leave accounts shall not apply for the entire period during which an employee is subject to 5 U.S.C. When coverage under 5 U.S.C. 105, excluding the Government Accountability Office. [33 FR 12475, Sept. 4, 1968, as amended at 48 FR 44061, Sept. 27, 1983]. A. An agency's determination not to apply the reimbursement requirement may be conditioned upon the employee's supplying of a health care provider certification supporting the employee's claim that a serious health condition described in paragraph (f)(2)(i) is causing the employee to be unable return to work for the required 12 weeks. This subpart applies only to an employee who is hired on or after November 5, 2016. This subpart must be read together with those sections of law. (3) Establish and begin operating one or more leave banks. Except as otherwise authorized by statute, an employee is entitled to home leave only when he has completed a basic service period of 24 months of continuous service abroad. (2) An agency may contact an appropriate unit of the Department of Defense to request verification that a covered military member is on covered active duty or call to covered active duty status. If the date of birth or placement or planned medical treatment requires leave to begin within 30 calendar days, the employee shall provide such notice as is practicable. [34 FR 13655, Aug. 26, 1969, as amended at 60 FR 67287, Dec. 29, 1995; 75 FR 33496, June 14, 2010]. Reduced leave schedule means a daily or weekly work schedule under which the usual number of hours actually worked during the employee's scheduled tour of duty are reduced as a result of the increased use of leave. In cases where an agency's determination regarding whether to apply the reimbursement requirement relies on a health condition that is not related to the applicable birth or placement or that applies to a person not covered by paragraph (f)(2)(i) of this section, the agency may also require a medical certification. For military leave under 5 U.S.C. (A) An employee, as defined under 5 U.S.C. If an employee is unavoidably or necessarily absent for less than one hour, or tardy, the agency, for adequate reason, may excuse him without charge to leave. (3) Made available for recredit under 5 U.S.C. 6133(a) (read with 5 U.S.C. For the purpose of interpreting this definition, the terms birth and placement have the meanings given those terms in 630.1202, except that paid parental leave may not be granted based on an anticipated birth or placement. Paid parental leave means paid time off from an employee's scheduled tour of duty that is authorized under 5 U.S.C. A variety of leave-related benefits are available to current and former servicemembers and their families, including employees who are current servicemembers, employees with family members in the military, and for veterans who are either Federal employees or who are seeking employment with the Federal Government. (1) If the qualifying exigency involves meeting with a third party, the agency may contact the individual or entity with whom the employee is meeting for purposes of verifying a meeting or appointment schedule and verifying the information provided in the employee's statement under paragraph (b)(1) of this section regarding the meeting between the employee and the specified individual or entity. (a) An Executive agency, as defined in 5 U.S.C. 3132(a)(2), a senior-level position (i.e., a non-executive position that is classified above GS15, such as a high-level special assistant or a senior attorney in a highly-specialized field who is not a manager, supervisor, or policy advisor), or a scientific or professional position as described in 5 U.S.C. 6304(d)(1)(B) because of an extended exigency, as defined in paragraph (b) of this section, must be scheduled and used within a time period that equals twice the number of full calendar years, or parts thereof, that the exigency existed. (a) When an employee moves between positions under subchapter I of chapter 63 of title 5, United States Code, in different agencies, only his leave in whole hour units may be transferred. 6304(a), the maximum amount of annual leave that may be donated during the leave year shall be the lesser of, (1) One-half of the amount of annual leave he or she would be entitled to accrue during the leave year in which the donation is made; or. (2) Up to 104 hours to a full-time employee. Family member means an individual with any of the following relationships to the employee: (2) Sons and daughters, and spouses thereof; (4) Brothers and sisters, and spouses thereof; (5) Grandparents and grandchildren, and spouses thereof; (6) Domestic partner and parents thereof, including domestic partners of any individual in paragraphs (2) through (5) of this definition; and. This subpart applies to an employee who is a veteran with a service-connected disability rated at 30 percent or more, subject to the conditions specified in this subpart. To the extent practicable, an agency should inform employees of their designation as emergency employees well in advance in anticipation of the possible occurrence of the conditions set forth in 630.1603. (c) Charge for shore leave. (b) For the purpose of paragraph (a) of this section, the term intimidate, threaten, or coerce includes promising to confer or conferring any benefit (such as appointment or promotion or compensation) or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). An agency may designate different emergency employees for the different circumstances expected to arise from these conditions.