[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2198]


  Federal Register / Vol. 59, No. 20 / Monday, January 31, 1994 /
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[[Page Unknown]]

[Federal Register: January 31, 1994]


                                                    VOL. 59, NO. 20

                                           Monday, January 31, 1994
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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN 3206-AF 75

 

Absence and Leave; Voluntary Leave Transfer and Voluntary Leave 
Bank Programs

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

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SUMMARY: The Office of Personnel Management (OPM) is issuing interim 
regulations to enable agencies to implement permanent voluntary leave 
transfer and leave bank programs and to make certain other changes as 
provided by the Federal Employees Leave Sharing Amendments Act of 1993 
(October 8, 1993).
    The interim regulations require each agency to have procedures 
whereby employees can donate annual leave to other employees with 
medical emergencies who are in need of leave. In addition, agencies 
will now be permitted to establish or terminate leave banks without 
prior OPM approval. Employees will be permitted to participate in both 
the leave bank and leave transfer programs (if the agency has both) for 
the same medical emergency. The interim regulations also implement 
changes that make it easier for employees to qualify as leave 
recipients by excluding advanced leave from an employee's ``available 
paid leave'' and by reducing from 80 to 24 the number of hours unpaid 
absence that constitutes a ``substantial loss of income.'' Finally, the 
interim regulations allow employees to use their accrued annual or sick 
leave if they run out of donated leave during their medical emergency. 
Each agency may determine its own implementation date for these interim 
regulations, provided that implementation occurs no later than February 
5, 1994.

DATES: Effective Date: The interim rules are effective January 31, 
1994. Comment Date: Comments must be submitted on or before April 1, 
1994. Implementation Date: Agencies must implement these rules by 
February 5, 1994.

ADDRESSES: Comments may be sent or delivered to Barbara L. Fiss, 
Assistant Director for Compensation Policy, Personnel Systems and 
Oversight Group, U.S. Office of Personnel Management, room 6H31, 1900 E 
Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:
Bruce W. Valoris, (202) 606-2858.

SUPPLEMENTARY INFORMATION: Public Law 103-103, the ``Federal Employees 
Leave Sharing Amendments Act of 1993,'' October 8, 1993, establishes a 
permanent leave sharing program for Federal employees. Previously, this 
program was experimental under the Federal Employees Leave Sharing Act 
of 1988 (Pub. L. 100-566). A description of the changes resulting from 
the Federal Employees Leave Sharing Amendments Act of 1993 follows.

Requirement to Permit Leave Transfer

    Each agency, including a leave bank agency, must have procedures 
whereby employees can donate annual leave directly to employees 
experiencing medical emergencies. Previously, the law allowed an agency 
to have either one or more leave banks or a leave transfer program. All 
agencies that now have leave transfer programs must continue them. 
Agencies that now have only a leave bank must permit employees to 
donate annual leave to other employees with medical emergencies through 
leave transfer.

Agency Flexibility to Operate Leave Banks

    An agency is permitted to establish a leave bank program at any 
time after the effective date of these regulations. Leave banks will 
operate in addition to the leave transfer program. The establishment of 
a leave bank program will no longer require OPM approval because leave 
sharing is now permanent, and there is no longer any need to conduct 
varying experiments.
    An agency may discontinue a leave bank. The interim regulations 
require that agencies terminating a leave bank must make provisions for 
the timely and equitable distribution of any of the bank's remaining 
leave balance to the agency's current leave bank recipients, leave bank 
members, or both.

An Employee May Participate in Both Programs

    The law and the interim regulations permit an employee to 
participate in both leave transfer and leave bank programs in the same 
agency for the same medical emergency if his or her agency has 
established both programs. In the interim regulations, OPM has provided 
each agency with the authority to determine procedures for its 
employees to receive and use donated leave under both programs for the 
same medical emergency. Also, the interim regulations eliminate the 
requirement that a leave recipient's medical emergency must be 
terminated upon transfer from an organization operating a leave 
transfer program to one operating a leave bank.

Qualifying To Become a Leave Recipient

    In order to make it easier to qualify to become a leave recipient, 
the law provides that an agency may not consider any advanced leave 
that an employee may have when determining whether a medical emergency 
is likely to result in a substantial loss of income. Previously, all 
available paid leave, including advanced leave, was considered when 
determining whether a medical emergency would likely result in a 
substantial loss of income. In keeping with this approach, OPM is 
reducing from 80 to 24 the number of hours of unpaid absence that 
constitutes a ``substantial loss of income.'' For example, before 
approving an application for a full-time employee to become a leave 
recipient, the agency must determine that the absence from duty without 
available paid leave--excluding advanced leave--is, or is expected to 
be, at least 24 hours. Previously, before an agency could approve an 
application for a full-time employee to become a leave recipient, the 
agency had to determine that the potential leave recipient's absence 
from duty without available paid leave was, or was expected to be, at 
least 80 hours.

Definition--Shared Leave Status

    Since employees may participate in both leave transfer and leave 
banks, the term ``shared leave status'' replaces ``transferred leave 
status'' in subpart I and is now included in subpart J. ``Shared leave 
status'' is defined as the administrative status of an employee while 
the employee is using transferred leave under a leave sharing program 
or leave transferred from a leave bank.

Use of Annual and Sick Leave

    If the medical emergency continues after the leave recipient 
exhausts all transferred leave and leave withdrawn from a leave bank, 
the law now permits an employee to use any annual or sick leave, as 
appropriate, that was earned while the employee was in a shared leave 
status. Previously, leave earned while an employee was using 
transferred leave or leave withdrawn from a leave bank could be used 
only after the medical emergency terminated. The maximum amount of 
leave that may be accrued by full-time employees while using leave from 
either leave sharing program (i.e., while in a shared leave status) is 
limited to a total of 40 hours of sick leave and 40 hours of annual 
leave. For part-time employees and employees with uncommon tours of 
duty, the maximum amount of sick and annual leave that may be accrued 
while in a shared leave status is prorated. Leave earned while in a 
shared leave status must continue to be credited to separate accounts 
until the leave recipient exhausts all donated leave or the medical 
emergency terminates.

Technical and Conforming Changes

    All regulatory provisions relating to the experimental and 
temporary nature of the voluntary leave transfer and leave bank 
programs have been removed because they are now permanent. In addition, 
certain other editorial changes have been made to clarify the intent of 
the regulations.

Effective Dates

    Under section 2 of Public Law 103-103, the Federal Employees Leave 
Sharing Amendments Act of 1993, the repeal of section 2(d) of the 
Federal Employees Leave Sharing Act of 1988 (5 U.S.C. 6331 note) became 
effective on October 30, 1993. This repeal eliminated the expiration 
date of the experimental leave sharing program. Section 6 of Public Law 
103-103 provides that all other sections of the Act, and the amendments 
made by the Act, are effective on the 120th day after enactment--
February 5, 1994--or such earlier date as OPM may by regulation 
prescribe.
    OPM has determined that, except for section 2 of the Act, the 
effective date for these changes shall be January 31, 1994. Each agency 
is encouraged to implement these rules as soon as possible, but no 
later than February 5, 1994.

Waiver of Delay in Effective Date

    Pursuant to 5 U.S.C. 553(d)(3), I find that good cause exists for 
making these rules effective in less than 30 days. These rules are 
being made effective on January 31, 1994, in order to allow agencies to 
make the benefit of these changes available to employees on the 
earliest practicable date.

E.O. 12291, Federal Regulation

    I have determined that this is not a major rule as defined under 
section 1(b) of E.O. 12291, Federal Regulation.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal employees and agencies.

List of Subjects in 5 CFR Part 630

    Government employees.

U.S. Office of Personnel Management.
Lorraine A. Green,
Deputy Director.

    Accordingly, OPM is amending part 630 of title 5 of the Code of 
Federal Regulations as follows:

PART 630--ABSENCE AND LEAVE

    1. The authority citation for part 630 is revised to read as set 
forth below:

    Authority: 5 U.S.C. 6311; Sec. 630.303 also issued under 5 
U.S.C. 6133(a); Sec. 630.501 and subpart F also issued under E.O. 
11228; subpart G also issued under 5 U.S.C. 6305; subpart H issued 
under 5 U.S.C. 6326; subpart I also issued under 5 U.S.C. 6332 and 
Public Laws 100-566, 102 stat. 2834, and 103-103, 107 stat. 1022; 
subpart J also issued under 5 U.S.C. 6362 and Public Laws 100-566 
and 103-103; and subpart K also issued under Public Law 102-25, 105 
stat. 92.

Subpart I--Voluntary Leave Transfer Program

Subpart I--[Amended]

    2. In subpart I of part 630, all references to ``transferred leave 
status'' are revised to read ``shared leave status''.
    3. In Sec. 630.901, paragraph (b) is revised to read as follows:


Sec. 630.901  Purpose and applicability.

* * * * *
    (b) Applicability. This subpart applies to officers and employees 
to whom subchapter I of chapter 63 of title 5, United States Code, 
applies.
    4. In Sec. 630.902, the definition of ``shared leave status'' is 
added to read as follows:


Sec. 630.902  Definitions.

* * * * *
    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.
    5. Section 630.903 is revised to read as follows:


Sec. 630.903  Administrative procedures.

    No later than February 5, 1994, each Federal agency shall establish 
procedures to permit the voluntary transfer of annual leave consistent 
with this subpart.


Sec. 630.905  [Amended]

    6. In Sec. 630.905, paragraphs (b) and (c) are amended by removing 
the number ``80'' and adding in its place the number ``24'', and the 
phrase ``(disregarding any advanced leave)'' is added after the words 
``available paid leave''.
    7. In Sec. 630.907, paragraphs (c) and (d)(1) are revised to read 
as follows:


Sec. 630.907  Accrual of annual and sick leave.

* * * * *
    (c) Any annual or sick leave accrued by an employee under this 
section shall be transferred to the appropriate leave account of the 
employee under subchapter I of chapter 63 of title 5, United States 
Code, and shall become available for use--
    (1) As of the beginning of the first applicable pay period 
beginning on or after the date on which the employee's medical 
emergency terminates as described in Sec. 630.910(a) (2) and (3) of 
this subpart; or
    (2) If the employee's medical emergency has not yet terminated, 
once the employee has exhausted all transferred leave made available to 
such employee under this part.
    (d) * * *
    (1) The leave recipient's employing agency shall establish 
procedures to ensure to the extent practicable that 40 hours (or, in 
the case of a part-time employee or an employee with an uncommon tour 
of duty, the average number of hours of work in the employee's weekly 
scheduled tour of duty) of annual leave are placed in a separate annual 
leave account and made available for use by the employee as described 
in paragraph (c) of this section.
* * * * *


Sec. 630.908  [Amended]

    8. In Sec. 630.908, paragraph (c), the phrase ``is unusual 
circumstances'' is removed.


Sec. 630.910  [Amended]

    9. In Sec. 630.910, paragraph (a)(2) is removed, and paragraphs 
(a)(3), (a)(4), and (a)(5) are redesignated as paragraphs (a)(2), 
(a)(3), and (a)(4), respectively.
    10. In Sec. 630.913, paragraph (a) is revised to read as follows:


Sec. 630.913  Records and reports.

    (a) Each agency shall maintain records concerning the 
administration of the voluntary leave transfer program and may be 
required by the Office of Personnel Management (OPM) to report 
pertinent information for the purpose of evaluating the effectiveness 
of the program.
* * * * *
    11. Section 630.914 is revised to read as follows:


Sec. 630.914  Continuation of experimental leave transfer program.

    Until each agency establishes procedures to permit the voluntary 
transfer of annual leave consistent with this subpart, the experimental 
leave transfer program authorized by Public Law 100-566 shall remain in 
effect.


Sec. 630.915  [Removed]

    12. Section 630.915 is removed.

Subpart J--Voluntary Leave Bank Program

    13. In Sec. 630.1001, paragraph (a), the phrase ``in approved 
agencies'' is removed, and paragraph (b)(2) is revised to read as 
follows:


Sec. 630.1001  Purpose and applicability.

* * * * *
    (b) * * *
    (2) Who are employed in agencies and their organizational subunits 
operating a voluntary leave bank program under this subpart.
    14. In Sec. 630.1002, the phrase ``that has been approved by OPM to 
operate a voluntary leave bank program under this subpart'' is removed 
in the definitions of agency and employee, and a new definition of 
shared leave status is added to read as follows:


Sec. 630.1002  Definitions.

* * * * *
    Shared leave status has the meaning given that term in subpart I of 
this part.
    15. In Sec. 630.1003, the introductory text in paragraph (a) is 
revised to read as set forth below, and in paragraph (a)(2), the 
initial phrase ``In consultation with OPM,'' is removed.


Sec. 630.1003  Establishing leave banks and leave bank boards.

    (a) Each agency that participates in the voluntary leave bank 
program shall, in accordance with this subpart--
* * * * *
    16. In Sec. 630.1004, paragraph (d), the introductory text in 
paragraph (h), and the second sentence of paragraph (j) are revised to 
read as follows:


Sec. 630.1004  Application to become a leave contributor and leave bank 
member.

* * * * *
    (d) The leave bank board shall establish at least one open 
enrollment period for each leave year in which the leave bank operates.
* * * * *
    (h) The leave bank board may--
* * * * *
    (j) * * * Except as provided in Sec. 630.1016(c), the leave bank 
board may not return a contribution of annual leave to a leave 
contributor after deposit in the leave bank.
* * * * *


Sec. 630.1005  [Amended]

    17. In Sec. 630.1005, paragraph (c), the phrase ``in unusual 
circumstances'' is removed.


Sec. 630.1007  [Amended]

    18. In Sec. 630.1007, paragraphs (b) and (c) are amended by 
removing the number ``80'' and adding in its place the number ``24'', 
and the phrase ``(disregarding any advanced leave)'' is added after the 
words ``available paid leave''.
    19. In Sec. 630.1008, the introductory text of paragraph (a) is 
revised; in paragraphs (a)(1) and (a)(2), the words ``using annual 
leave withdrawn from a leave bank'' are removed and, in their place, 
the words ``in a shared leave status'' are added; and paragraphs (c) 
and (d)(1) are revised to read as follows:


Sec. 630.1008  Accrual of annual and sick leave.

    (a) Except as otherwise provided in this section, while an employee 
is in a shared leave status, annual and sick leave shall accrue to the 
credit of the employee at the same rate as if the employee were then in 
a paid leave status under subchapter I of chapter 63 of title 5, United 
States Code, except that--
* * * * *
    (c) Any annual or sick leave accrued by an employee under this 
section shall be transferred to the appropriate leave account of the 
employee under subchapter I of chapter 63 of title 5, United States 
Code, and shall become available for use--
    (1) As of the beginning of the first applicable pay period 
beginning on or after the date on which the employee's medical 
emergency terminates as described in Sec. 630.1010(a) (3) and (4); or
    (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.
    (d) * * *
    (1) The leave recipient's employing agency shall establish 
procedures to ensure to the extent practicable that 40 hours (or, in 
the case of a part-time employee or an employee with an uncommon tour 
of duty, the average number of hours of work in the employee's weekly 
scheduled tour of duty) of annual leave are placed in a separate annual 
leave account and made available for use by the employee as described 
in paragraph (c) of this section.
* * * * *
    20. In Sec. 630.1010, paragraph (a)(2) is revised to read as 
follows:


Sec. 630.1010  Termination of medical emergency.

    (a) * * *
    (2) When the leave recipient leaves the agency or participating 
organizational subunit, if the bank board so determines;
* * * * *
    21. In Sec. 630.1012, paragraph (a) is revised to read as follows:


Sec. 630.1012  Records and reports.

    (a) Each agency shall maintain records concerning the 
administration of the voluntary leave bank program and may be required 
by the Office of Personnel Management (OPM) to report pertinent 
information for the purpose of evaluating the effectiveness of the 
program.
 * * * * *
    22. In Sec. 630.1013, the heading and paragraph (a) are revised to 
read as follows:


Sec. 630.1013  Participation in voluntary leave transfer and leave bank 
programs.

    (a) If an agency or organizational subunit establishes a voluntary 
leave bank program under this subpart--
    (1) An 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 under the voluntary leave 
transfer program shall remain to the credit of an employee who becomes 
a leave recipient in a leave bank and shall become subject to the 
agency's policies and procedures for administering this subpart; and
    (3) The agency or organizational subunit shall establish policies 
or procedures governing the use of donated or transferred leave for any 
leave recipient who receives leave under both a voluntary leave 
transfer program and a voluntary leave bank program for the same 
medical emergency.
 * * * * *
    23. In Sec. 630.1015, the heading and paragraph (a) are revised to 
read as follows:


Sec. 630.1015  Movement between voluntary leave transfer and leave bank 
programs.

 * * * * *
    (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;
 * * * * *
    24. Section 630.1016 is revised to read as follows:


Sec. 630.1016  Termination of voluntary leave bank programs.

    (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.
    (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.
    (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. The agency may allocate the leave to 
current leave recipients, recredit the leave to the accounts of the 
voluntary leave bank members, or a combination of both. The agency may 
distribute the leave immediately or may delay the distribution, in 
whole or in part, until the beginning of the following leave year.

[FR Doc. 94-2198 Filed 1-28-94; 8:45 am]
BILLING CODE 6325-01-M