[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11411]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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Part V





Office of Personnel Management





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5 CFR Part 630




Absence and Leave; Sick Leave; Proposed Rule
OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN 3206-AE95

 
Absence and Leave; Sick Leave

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management (OPM) proposes to amend its 
regulations on the use and recredit of sick leave for Federal 
employees. The proposed regulations would expand the use of sick leave 
by permitting employees to use up to a total of 5 workdays of sick 
leave each leave year (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 scheduled tour of duty each week) to provide 
care for a child, spouse, or parent as a result of sickness, injury, 
pregnancy, or childbirth; make arrangements necessitated by the death 
of a child, spouse, or parent; or attend the funeral of a child, 
spouse, or parent. In addition,the proposed regulations would remove 
the 3-year break-in-service limitation on the recredit of sick leave.

DATES: Comments must be submitted on or before July 11, 1994.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, 
Acting 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:
Donald J. Winstead, (202) 606-2880.

SUPPLEMENTARY INFORMATION: OPM proposes to amend 5 CFR 630.401 to 
provide that agencies must grant a limited amount of sick leave to 
employees who provide care for a child, spouse, or parent as a result 
of sickness, injury, pregnancy, or childbirth; to make arrangements 
necessitated by the death of a child, spouse, or parent; or to attend 
the funeral of a child, spouse, or parent. The proposed regulations 
would limit the use of sick leave for these purposes to a total of 5 
workdays in a leave year (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 scheduled tour of duty each week).
    In addition, OPM proposes to amend 5 CFR 630.502 and 504 to remove 
the 3-year break-in-service limitation on the recredit of sick leave 
and permit employees who separate from Federal service to have their 
unused and accrued sick leave recredited in full to their sick leave 
accounts upon return to Federal service. Under the proposed 
regulations, sick leave would be recredited to the employee regardless 
of the duration of the break in Federal service.
    These proposed changes in the Federal leave system were recommended 
in the Report of the National Performance Review on September 7, 1993, 
and are part of OPM's continuing effort to develop human resource 
policies that are sensitive to the needs of employees and thereby 
enhance the Federal Government's ability to recruit and retain a well-
qualified workforce. The purpose of the proposed changes in the 
circumstances under which employees may use sick leave is to recognize 
the needs of Federal employees who struggle to maintain an often 
precarious balance between work and family and to assist the Federal 
Government in recruiting and retaining the employees it needs to 
accomplish its mission. We have also proposed additional changes in 
Sec. 630.401 to clarify our intent with regard to situations involving 
exposure to a severe contagious/communicable disease. We describe a 
severe communicable disease as one that requires isolation for a 
specified period, as prescribed by the health authorities having 
jurisdiction or as determined by a health care provider.
    Because of the similarity of purpose, OPM proposes to use the same 
definitions of ``child,'' ``spouse,'' and ``parent'' as those used for 
``son or daughter,'' ``spouse,'' and ``parent'' in the interim 
regulations implementing the Family and Medical Leave Act of 1993. (See 
5 CFR 630.1202.)
    The change in rules on the recredit of sick leave would ensure 
that, in the future, employees who have conscientiously maintained a 
substantial sick leave balance could leave Federal employment for any 
purpose (including the need to care for a child, spouse, or parent) 
without the risk of forfeiting all accrued sick leave upon returning to 
Federal employment thereafter. We believe this change would help to 
foster the conscientious use of sick leave by all employees.
    Finally, the proposed regulations also include conforming changes 
in Sec. 630.402 (Application for sick leave), Sec. 630.403 (Supporting 
evidence), and Sec. 630.405 (Use of sick leave during annual leave).

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

Regulatory Flexibility Act

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

List of Subjects in 5 CFR Part 630

    Government employees.


U.S. Office of Personnel Management.
James B. King,
Director.
    Accordingly, OPM proposes to amend 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 continues to read as 
follows:


    Authority: 5 U.S.C. 6311; section 630.303 also issued under 5 
U.S.C. 6133(a); section 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 Law 100-566; subpart J also issued under 5 U.S.C. 6362 and 
Public Law 100-566; subpart K also issued under Public Law 102-25.

Subpart B--Definitions and General Provisions for Annual and Sick 
Leave

    2. In Sec. 630.201, paragraphs (b)(3), (4), (5), (6), and (7) are 
redesignated as (b)(4), (5), (7), (8), and (11), respectively, and new 
paragraphs (b)(3), (6), (9), and (10) are added to read as follows:


Sec. 630.201  Definitions.

* * * * *
    (b) * * *
    (3) Child means a biological, adopted, or foster child; a 
stepchild, a legal ward; or a child of a person standing in loco 
parentis who is--
    (i) Under 18 years of age; or
    (ii) 18 years of age or older and incapable of self-care because of 
a mental or physical disability. A child incapable of self-care 
requires active assistance or supervision to provide daily self-care in 
several of the ``activities of daily living.'' Activities of daily 
living include adaptive activities such as caring appropriately for 
one's grooming and hygiene, bathing, dressing, eating, cooking, 
cleaning, shopping, taking public transportation, paying bills, 
maintaining a residence, using telephones and directories, and using a 
post office. A mental or physical disability refers to a 
``disability,'' as defined in 29 CFR 1630.2(g).
* * * * *
    (6) In loco parentis refers to the situation of an individual who 
has day-to-day responsibility for the care and financial support of a 
child or, in the case of an employee, who had such responsibility for 
the employee when the employee was a child. A biological or legal 
relationship is not necessary.
* * * * *
    (9) Parent means a biological parent or an individual who stands or 
stood in loco parentis to an employee when the employee was a child. 
This term does not include parents ``in law.''
    (10) Spouse means a husband or wife, as defined or recognized under 
State law for purposes of marriage, including common law marriage in 
States where it is recognized.
* * * * *

Subpart D--Sick Leave

    3. In subpart D, Sec. 630.401, is revised to read as follows:


Sec. 630.401  Grant of sick leave.

    (a) Subject to the limitation described in paragraph (b) of this 
section, an agency shall grant sick leave to an employee when the 
employee--
    (1) Receives medical, dental, or optical examination or treatment;
    (2) Is incapacitated for the performance of duties by sickness, 
injury, pregnancy, or childbirth;
    (3) Provides care for a child, spouse, or parent as a result of 
sickness, injury, pregnancy, or childbirth;
    (4) Makes arrangements necessitated by the death of a child, 
spouse, or parent or attends the funeral of a child, spouse, or parent; 
or
    (5) Would jeopardize the health of others by his or her presence on 
the job because of exposure to a severe communicable disease that 
requires isolation for a specified period, as prescribed by the health 
authorities having jurisdiction or as determined by a health care 
provider.
    (b) The amount of sick leave granted to an employee during any 
leave year for the purposes described in paragraphs (a)(3) and (4) of 
this section shall not exceed a total of 5 workdays (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 scheduled tour of 
duty each week).

    4. Section 630.402 is revised to read as follows:


Sec. 630.402  Application for sick leave.

    An employee shall file a written application for sick leave within 
such time limits as the agency may require. An employee shall request 
advance approval for sick leave for the purpose of receiving medical, 
dental, or optical examination or treatment and, to the extent 
possible, for the purposes described in Sec. 630.401(a)(3) and (4) of 
this part.

    5. Section 630.403 is revised to read as follows:


Sec. 630.403  Supporting evidence.

    An agency may grant sick leave only when supported by evidence 
administratively acceptable. Regardless of the duration of the absence, 
an agency may consider an employee's certification as to the reason for 
his or her absence as evidence administratively acceptable. However, 
for an absence in excess of 3 workdays, or for a lesser period when 
determined necessary by an agency, the agency may also require a 
medical certificate or other administratively acceptable evidence as to 
the reason for an absence for any of the purposes described in 
Sec. 630.401(a) of this part.

    6. Section 630.405 is revised to read as follows:


Sec. 630.405  Use of sick leave during annual leave.

    Subject to the limitation described in Sec. 630.401(b) of this 
part, an agency may grant sick leave during a period of annual leave 
for any of the purposes described in Sec. 630.401(a) of this part.

Subpart E--Recredit of Leave

    7. In subpart E, Sec. 630.502 is revised to read as follows:


Sec. 630.502  Sick leave recredit.

    (a) When an employee transfers between positions under subchapter I 
of chapter 63 of title 5, United States Code, the agency from which the 
employee transfers shall certify his or her sick leave account to the 
employing agency for credit or charge.
    (b) Except as provided in paragraph (c) of this section, an 
employee who is separated from the Federal Government is entitled to a 
recredit of sick leave if reemployed in the Federal Government on or 
after the effective date of these regulations, unless such sick leave 
was used in the computation of an annuity.
    (c) An employee who is separated from the government of the 
District of Columbia and who was first employed by the government of 
the District of Columbia before October 1, 1987, is entitled to a 
recredit of sick leave if reemployed in the Federal Government on or 
after the effective date of these regulations, unless such sick leave 
was used in the computation of an annuity.
    (d) When sick leave is transferred between different leave systems 
under section 6308 of title 5, United States Code, 7 calendar days of 
sick leave are deemed equal to 5 workdays of sick leave.
    (e) An employee who transfers to a position under a different leave 
system to which he or she can transfer only a part of his or her sick 
leave is entitled to a recredit of the untransferred sick leave if the 
employee returns to the leave system under which it was earned on or 
after the effective date of these regulations.
    (f) An employee who transfers to a position to which he or she 
cannot transfer his or her sick leave is entitled to a recredit of the 
untransferred sick leave if the employee returns to the leave system 
under which it was earned on or after the effective date of these 
regulations.

    8. In Sec. 630.504, paragraph (b) is revised to read as follows:


Sec. 630.504  Reestablishment of leave account after military service.

* * * * *
    (b) Reemployed in a position under subchapter I of chapter 63 of 
title 5, United States Code, on or after the effective date of these 
regulations;
* * * * *
[FR Doc. 94-11411 Filed 5-6-94; 3:24 pm]
BILLING CODE 6325-01-M