[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Rules and Regulations]
[Pages 33327-33328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15535]



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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 630

RIN 3206-AG48


Absence and Leave; SES Annual Leave Accumulation

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing final rules 
governing annual leave accumulation for members of the Senior Executive 
Service (SES). SES members are now subject to a 90-day (720-hour) 
maximum limitation on the amount of annual leave that may be carried 
over from one leave year to the next.

EFFECTIVE DATE: July 28, 1995.

FOR FURTHER INFORMATION CONTACT: Frank Derby, (202) 606-2858.

SUPPLEMENTARY INFORMATION: On December 21, 1994, the Office of 
Personnel Management (OPM) issued interim regulations (59 FR 65704) 
implementing section 201of the Government Management Reform Act of 1994 
(Pub. L. 103-356, enacted October 13, 1994). Section 201 amended 5 
U.S.C. 6304(f) to provide a 90-day (720-hour) limit on the amount of 
annual leave a member of the Senior Executive Service (SES) may carry 
over from one leave year to the next. Section 201 also contained a 
grandfather clause to allow SES members who had accumulated more than 
90 days (720 hours) of annual leave as of the first day of the first 
pay period beginning after October 13, 1994, to retain the higher 
amount as a personal leave ceiling. The personal leave ceiling is the 
maximum amount of accrued annual leave an affected SES member may carry 
over from one leave year to the next. The personal leave ceiling is 
subject to reduction under 5 U.S.C. 6304(c) if the SES member uses more 
leave than he or she earns in a leave year.
    The 60-day comment period ended on February 21, 1995. OPM received 
one comment from an agency that requested information on how to apply 
the statutory and regulatory limitations on annual leave accrual for 
individuals entering the SES. We agree that this information is 
necessary and have added this information to 5 CFR 630.301(b). 
(Previously, this information was provided in former FPM Supplement 
920-1, Operations Handbook for the Senior Executive Service, which 
expired on December 31, 1994.)
    Employees in non-SES positions are subject to a 30-day or 45-day 
maximum annual leave ceiling under 5 U.S.C. 6304 (a), (b), or (c), as 
appropriate. When an employee in a non-SES position moves to a position 
in the Senior Executive Service, any annual leave accumulated prior to 
movement remains to the employee's credit. Annual leave in excess of 
the 30-day or 45-day leave ceilings that accrued prior to the 
employee's entry into the SES and that is not used by the beginning of 
the next leave year is subject to forfeiture. Annual leave that is not 
in excess of the [[Page 33328]] 30-day or 45-day maximum limitations 
and any annual leave accrued while serving in the SES is carried 
forward and becomes subject to the 90-day maximum limitation on accrued 
annual leave for SES members.

    Example: A GS-15 employee who has 300 hours of accumulated 
annual leave (i.e., 60 hours in excess of the 240-hour (30-day) 
leave ceiling) is appointed to an SES position on June 14, 1995. The 
employee earns 100 additional hours of annual leave in the SES 
before the end of the 1995 leave year. If the SES member uses only 
40 of the 60 hours of excess annual leave during the remainder of 
the 1995 leave year, his or her leave balance at the beginning of 
the 1996 leave year will be 340 hours (the maximum 240 hours carried 
over as a GS-15 employee, plus the 100 hours earned while in the 
SES). The remaining 20 hours of excess leave will be forfeited at 
the beginning of the 1996 leave year. If the SES member uses more 
than 60 hours of excess annual leave (e.g., 80 hours) during the 
remainder of the 1995 leave year, his or her leave balance at the 
beginning of the 1996 leave year will be 320 hours (the maximum 240 
hours carried over as a GS-15 employee, plus the 100 hours earned 
while in the SES, minus the 20 hours of leave used above the 60 
hours of excess annual leave).

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it will affect 
only Federal agencies and employees.
List of Subjects in 5 CFR Part 630

    Absence and leave.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM is amending 5 CFR part 630 as follows:

PART 630--ABSENCE AND LEAVE

    1. The authority citation for part 630 is revised to read as 
follows:

    Authority: 5 U.S.C. 6311; Sec. 630.301 also issued under Pub. L. 
103-356, 108 Stat. 3410; Sec. 630.303 also issued under 5 U.S.C. 
6133(a); Secs. 630.306 and 630.308 also issued under 5 U.S.C. 
6304(d)(3), Pub. L. 102-484, 106 Stat. 2722 and Pub. L. 103-337, 108 
Stat. 2663; subpart D also issued under Pub. L. 103-329, 108 Stat. 
2423; Sec. 630.501 and subpart F also issued under E.O. 11228, 30 FR 
7739, 3 CFR, 1974 Comp., p. 163; 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 Pub. L. 100-566, 102 Stat. 2834 and 
103-103, 107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362 
and Pub. L. 100-566 and 103-103; subpart K also issued under Pub. L. 
102-25, 105 Stat. 92; and subpart L also issued under 5 U.S.C. 6387 
and Pub. L. 103-3, 107 Stat. 23.

Subpart C--Annual Leave

    2. In Sec. 630.301, paragraph (b) is revised to read as follows:


Sec. 630.301  Annual leave accumulation--Senior Executive Service.

* * * * *
    (b) When an employee in a position outside of the Senior Executive 
Service moves to a position in the Senior Executive Service, any annual 
leave accumulated prior to movement shall remain to the employee's 
credit.
    (1) Annual leave accumulated prior to movement to the Senior 
Executive Service that is in excess of the amount allowed for the 
former position by 5 U.S.C. 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.
    (2) If an employee serves less than a full pay period under an 
appointment in the Senior Executive Service, only that portion of 
accrued annual leave that is attributable to service in the Senior 
Executive Service shall be subject to the 90-day (720-hour) limitation 
on accumulation of annual leave provided in paragraph (a) of this 
section. Annual leave accrued during the remainder of the pay period 
shall be subject to the limitations in 5 U.S.C. 6304(a), (b), and (c), 
as appropriate.
* * * * *
[FR Doc. 95-15535 Filed 6-27-95; 8:45 am]
BILLING CODE 6325-01-M