[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72250-72256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33361]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN 3206-AI03


Emergency Leave Transfer Program

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing final 
regulations governing the establishment of an emergency leave transfer 
program. These regulations permit Federal employees to transfer their 
unused annual leave to other Federal employees adversely affected by a 
major disaster or emergency, as declared by the President. This program 
provides Federal employees with a special opportunity to help their 
fellow workers in times of need.

EFFECTIVE DATE: The regulations are effective on December 27, 1999.

FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858, FAX: 
(202) 606-0824, or email to [email protected].

SUPPLEMENTARY INFORMATION: Section 9004 of Public Law 105-18, June 12, 
1997, added section 6391 to title 5, United States Code, to provide 
that in the event of a major disaster or emergency, as declared by the 
President, that results in severe adverse effects for a substantial 
number of employees, the President may direct the Office of Personnel 
Management (OPM) to establish an emergency leave transfer program under 
which an employee in any Executive agency may donate annual leave for 
transfer to employees of his or her agency or to employees in other 
agencies who are adversely affected by such disaster or emergency. The 
Act also permits agency leave banks established under 5 U.S.C. 6362 to 
donate leave under an emergency leave transfer program established by 
OPM.
    The emergency leave transfer program is in addition to the 
voluntary leave transfer and leave bank programs established under 5 
U.S.C. 6332 and 6362. Under the current voluntary leave transfer 
program, an employee may donate unused annual leave for transfer to 
other Federal employees who have medical emergencies and who have 
exhausted their own leave. In contrast, the emergency leave transfer 
program will permit an employee to donate annual leave to employees who 
have been adversely affected by disasters or emergencies, such as a 
flood or an earthquake that has destroyed an employee's property, or by 
an emergency situation such as that created by the bombings of the 
Alfred P. Murrah Federal Building in Oklahoma City and the U.S. 
embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. In addition, 
an employee approved as an emergency leave recipient may use donated 
annual leave without having to exhaust his or her own leave.
    On November 3, 1997, OPM published proposed regulations (62 FR 
59301) to establish the emergency leave transfer program. Under the 
proposed regulations, OPM would be responsible for establishing and 
administering an emergency leave bank for each disaster or emergency 
declared by the President. Each emergency leave bank would contain the 
aggregate amount of annual leave donated by emergency leave donors 
throughout the Government for a specific disaster or emergency. OPM 
would facilitate the transfer of donated annual leave from the 
emergency leave bank to agencies with employees affected by the 
disaster or emergency for distribution to their approved emergency 
leave recipients.
    We received comments from 9 agencies, 1 labor organization, and 1 
individual, for a total of 11 comments. A summary of the comments 
received and the changes made in the regulations is presented below.

OPM's Role

    One agency recommended that individual agencies be responsible for 
administering an emergency leave transfer program. After the proposed 
regulations were published, the President directed OPM to establish an 
emergency leave transfer program to assist employees affected by the

[[Page 72251]]

bombing of the U.S. embassies in Nairobi, Kenya, and Dar es Salaam, 
Tanzania; Hurricane Georges in Puerto Rico and the U.S. Virgin Islands; 
and the tornadoes in Oklahoma and Kansas. The experience gained from 
these emergencies led us to the conclusion that while the President 
must direct OPM to establish an emergency leave transfer program, OPM 
should delegate responsibility for administering an emergency leave 
transfer program to the agencies with employees affected by the 
emergency. The affected agencies are in the best position to determine 
whether, and how much, donated annual leave is needed by their 
employees and can quickly facilitate the transfer of donated annual 
leave within their agencies. Therefore, in the final regulations, OPM 
has delegated responsibility for administering an emergency leave 
transfer program to the affected agencies.
    OPM remains committed to providing effective and efficient customer 
service to the Federal Government community. Staff of OPM's Workforce 
Compensation and Performance Service (WCPS) will be available to assist 
agencies in administering an emergency leave transfer program and 
coordinating efforts among affected agencies. WCPS staff may be reached 
on (202) 606-2858, by fax on (202) 606-0824, or by email at 
[email protected]. In addition, when a Federal agency notifies OPM that 
the amount of annual leave donated by its employees is not sufficient 
to meet the needs of its approved emergency leave recipients, we will 
coordinate a Governmentwide transfer of annual leave from donating 
agencies to affected agencies for crediting to their emergency leave 
recipients. OPM will make the determination to solicit and accept 
donated annual leave from agencies Governmentwide for this purpose.

The Agency's Role

    To expedite the transfer of leave in disaster situations, each 
agency will be responsible for--
    (1) Determining whether, and how much, donated annual leave is 
needed by affected employees;
    (2) Approving leave donors and/or leave recipients within the 
agency; and
    (3) Facilitating the distribution of donated annual leave from 
approved leave donors to approved leave recipients within the agency.
    Agencies are authorized to distribute donated annual leave to 
approved emergency leave recipients as they see fit. It would not be 
productive for OPM to attempt to regulate the many needs and situations 
that may occur as a result of a major disaster or emergency. Individual 
agencies are best suited to make determinations on the hardship faced 
by each employee based on evidence administratively acceptable to the 
agency. Agencies may wish to establish committees or emergency leave 
boards to administer emergency leave donations. However, this is not an 
OPM requirement. OPM's final regulations provide agencies with maximum 
flexibility in approving donated annual leave for those individuals in 
need.
    If an agency does not receive sufficient donated annual leave to 
meet the needs of its approved emergency leave recipients, the agency's 
designated emergency leave transfer coordinator should contact OPM for 
assistance. OPM will solicit and coordinate the transfer of donated 
annual leave from other Federal agencies to affected agencies who may 
have a shortfall of donated emergency leave. (See Sec. 630.1107(a).)

Emergency Leave Recipient

    Two agencies asked for clarification as to whether an emergency 
leave recipient must exhaust his or her own leave before receiving 
donated annual leave from an emergency leave transfer program. 
Emergency leave recipients are not required to exhaust their accrued 
annual or sick leave before receiving donated annual leave under an 
emergency leave transfer program. This is an important distinction from 
the voluntary leave transfer and leave bank programs, which require 
leave recipients to use all their available paid leave before using 
donated leave. Therefore, Sec. 630.1105(d) of the final regulations 
provides that an emergency leave recipient is not required to exhaust 
his or her accrued annual or sick leave before receiving donated annual 
leave under the emergency leave transfer program.

Family Member

    One agency asked whether donated annual leave received from the 
emergency leave transfer program can be used to assist family members 
adversely affected by a major disaster or emergency. Section 
630.1104(b) of the final regulations permits an emergency leave 
recipient to use donated annual leave to care for a family member who 
has been adversely affected by a major disaster or emergency. Section 
630.1102 of the final regulations includes a definition of ``family 
member.'' The definition of ``family member'' is the same definition 
used in the voluntary leave transfer and leave bank programs. Employees 
may use donated annual leave to assist a family member adversely 
affected by a major disaster or emergency, provided the family member 
has no reasonable access to other forms of assistance. Agencies are 
responsible for ensuring that annual leave donated under the emergency 
leave transfer program is used appropriately. (See Sec. 630.1106(i) of 
the final regulations.)

Limitations on Donating Annual Leave

    The proposed regulations provide that an emergency leave donor may 
not contribute more than 104 hours of annual leave in a leave year. An 
agency questioned why the limit was fixed at 104 hours, while the 
limitation for the existing leave transfer program varies based on the 
leave donor's annual leave accrual rate (i.e., 4, 6, or 8 hours). 
Another agency suggested abolishing all limitations on donating annual 
leave. OPM believes the 104-hour limitation provides each potential 
emergency leave donor with the opportunity to make a significant annual 
leave donation. Completely eliminating the limitation on the donation 
of annual leave may create additional costs to the Federal Government 
by allowing annual leave to be donated that might otherwise be 
forfeited. This suggestion was not adopted. However, Sec. 630.1106(b) 
of the final regulations permits each agency to establish written 
procedures for waiving the 104-hour limitation on donating annual leave 
in appropriate circumstances.
    Under the proposed regulations, an emergency leave donor could not 
donate annual leave directly to a specific emergency leave recipient. 
Two agencies suggested that emergency leave donors be permitted to 
donate annual leave directly to an employee adversely affected by a 
major disaster or emergency. This suggestion was not adopted. The 
intent of the emergency leave transfer program is to allow an employee 
to assist his or her fellow Federal employees in the event of a major 
disaster or emergency. The program has been designed to provide mass 
transfers of leave to affected employees. This is the quickest and most 
efficient way to provide relief to all those in need. If an employee 
wishes to donate annual leave directly to an individual, he or she may 
contact the local personnel office to inquire about donating annual 
leave under his or her agency's voluntary leave transfer program, if 
the recipient meets eligibility requirements for that program.
    One agency requested that OPM provide an estimate of the amount of 
leave needed for an emergency before any donated annual leave is 
actually transferred between agencies. In the

[[Page 72252]]

event there is a need to transfer emergency donated leave between 
agencies, OPM will attempt to quickly obtain estimates from agency 
representatives concerning the amount of donated annual leave an agency 
may need. We believe this will reduce the administrative burden of 
unnecessarily transferring leave when specific needs have not been 
identified.
    Under the proposed regulations, the minimum amount of annual leave 
that an employee could donate is 1 hour. An agency requested that the 
minimum donation limit be raised to 8 hours for administrative 
convenience. We believe an 8-hour minimum is too high and would reduce 
the potential pool of leave donors. This suggestion was not adopted. 
Section 630.1106(b) of the final regulations imposes a minimum donation 
of 1 hour of annual leave under the emergency leave transfer program.

Limitations on Receiving Donated Leave

    The proposed regulations provided that an emergency leave recipient 
could receive no more than 240 hours of donated annual leave at any one 
time from an emergency leave transfer program for each disaster or 
emergency. An agency asked to waive the 240-hour limit on the receipt 
of donated leave. A waiver is not necessary. An agency may authorize 
additional donated annual leave whenever needed, as long as an 
emergency leave recipient receives no more than 240 hours at any one 
time. In contrast, another agency commented that the 240-hour limit was 
too high. OPM's regulations do not guarantee that an emergency leave 
recipient adversely affected by a major disaster or emergency will 
receive 240 hours of donated annual leave. Each employing agency must 
make a determination based on administratively acceptable evidence as 
to how much donated annual leave each approved emergency leave 
recipient may receive.

Distributing Donated Leave

    Three agencies asked whether OPM will issue additional guidance for 
administering and distributing donated annual leave to affected 
individuals. We believe the final regulations provide agencies with 
broad guidance on administering an emergency leave transfer program. In 
addition, staff of OPM's Workforce Compensation and Performance Service 
stand ready to serve as advisors, facilitators, and/or coordinators in 
any emergency affecting Federal employees.

Retroactive Substitution of Donated Leave

    The proposed regulations provided that donated annual leave could 
be substituted retroactively for any period of annual leave, sick 
leave, or leave without pay used as a result of a disaster or 
emergency. However, in OPM's recent guidance on establishing an 
emergency leave transfer program for Hurricane Georges and the 
tornadoes in Oklahoma and Kansas, an emergency leave recipient could 
not retroactively substitute donated annual leave for periods of annual 
and sick leave used during the disaster or emergency. An agency asked 
for clarification of OPM's policy.
    The legislation establishing the emergency leave transfer program 
(5 U.S.C. 6391) does not authorize the substitution of donated annual 
leave retroactively for periods of annual and sick leave. However, 
under the voluntary leave transfer and leave bank programs, Congress 
did permit the substitution of donated annual leave retroactively for 
any period of leave without pay used as a result of the emergency or to 
liquidate an indebtedness incurred by an employee for advance annual or 
sick leave used as a result of the emergency. Based on this precedent, 
Sec. 630.1106(f) of the final regulations provides that an emergency 
leave recipient may substitute donated annual leave retroactively 
(beginning no earlier than the date of the disaster or emergency) for 
any period of leave without pay used as a result of the emergency or to 
liquidate an indebtedness incurred by an employee for advance annual or 
sick leave used as a result of the emergency.
    For the immediate emergency, affected employees typically will be 
granted excused absence. To further assist employees, the final 
regulations provide that agencies may advance annual leave or sick 
leave, as appropriate, to approved emergency leave recipients (even if 
an employee has available annual and sick leave), so that the emergency 
leave recipient is not forced to use his or her accrued leave before 
donated annual leave becomes available. Affected employees may then 
substitute donated annual leave retroactively for advance annual or 
sick leave.
    Further, Sec. 630.1104(e) of the final regulations provides that 
agencies may administratively determine a time period by which 
employees must apply to become an emergency leave recipient after the 
occurrence of a major disaster or emergency.

Restoration of Unused Donated Leave

    The proposed regulations provided that any annual leave donated to 
the emergency leave transfer program that is not used by an approved 
emergency leave recipient must be returned to the emergency leave 
donor(s). Two agencies and one organization suggested that the proposed 
regulations be changed to permit unused donated leave to remain in the 
emergency leave transfer program for future use in the event that 
another major disaster or emergency occurs. One agency suggested that 
unused donated leave be restored only to those employees currently 
employed by the agency from which they donated leave. Another agency 
suggested that unused donated leave be restored in 1-hour increments.
    Although these suggested changes might relieve some of the 
administrative burden of returning unused donated leave to emergency 
leave donors, we believe it would be unfair to the employees who 
generously donated their annual leave to have the leave remain in the 
emergency leave transfer program indefinitely and without purpose. 
Also, it would be inappropriate to retain unused donated leave simply 
because the leave donor has transferred to another Federal agency. 
Therefore, Sec. 630.1108(b) of the final regulations provides that the 
amount of unused donated annual leave to be restored to the emergency 
leave donor(s) will be proportional to the amount of annual leave 
donated by the employee to the emergency leave transfer program for 
each disaster or emergency. The unused donated annual leave must be 
restored to the leave donor(s) in the lowest increment that the agency 
payroll system can accommodate.
    Under the proposed regulations, emergency leave donors would be 
permitted to elect to have any unused donated annual leave restored in 
the current leave year or on the first day of the first leave year 
beginning after the date of election. One agency requested 
clarification of the phrase ``date of election'' as described above. We 
agree that clarification is needed. Therefore, Sec. 630.1108(c)(2) of 
the final regulations permits the emergency leave donor to elect to 
have his or her unused donated annual leave restored in the current 
leave year or on the first day of the following leave year.

Family and Medical Leave

    An agency asked whether OPM's regulations in 5 CFR part 630, 
subpart L, on the Family and Medical Leave Act of 1993 (FMLA) could be 
expanded to

[[Page 72253]]

permit the use of FMLA leave for cleanup or recovery efforts for a 
major disaster or emergency situation. The purposes for which FMLA 
leave may be used are cited in law, and include caring for a spouse, 
son, daughter, or parent with a serious health condition. OPM does not 
have authority to expand the purposes for which FMLA leave may be used.

Forms for Donating/Receiving Annual Leave

    OPM has developed the following forms to facilitate the transfer of 
donated annual leave under the emergency leave transfer program:
    (1) OPM Form 1637, ``Application to Become a Leave Recipient Under 
the Emergency Leave Transfer Program'';
    (2) OPM Form 1638, ``Request to Donate Annual Leave Under the 
Emergency Leave Transfer Program''; and
    (3) OPM Form 1639, ``Transfer of Donated Annual Leave To/From the 
Emergency Leave Transfer Program''.
    These forms can be accessed on OPM's internet web site at http://
www.opm.gov/forms/html/emerg.htm.

Voluntary Leave Transfer and Leave Bank Programs

    One agency recommended merging the emergency leave transfer program 
established for emergencies or major disasters with the existing 
voluntary leave transfer and leave bank programs established for 
medical emergencies. A separate law was enacted to establish the 
emergency leave transfer program, and the program provides benefits for 
different purposes and with fewer requirements. It would not be 
feasible to merge the emergency leave transfer program with the 
voluntary leave transfer and leave bank programs.

Miscellaneous

    One agency noted that the word ``voluntary'' is not used in the 
Emergency Leave Transfer Program. Participation in the emergency leave 
transfer program is strictly voluntary. Section 630.1109 of the final 
regulations provides that an employee may not directly or indirectly 
intimidate, threaten, or coerce, or attempt to intimidate, threaten, or 
coerce, any other employee for the purpose of interfering with any 
right such employee may have with respect to donating, receiving, or 
using donated annual leave.
    One agency perceived an inequity for Federal employees in small 
rural areas because disasters that may occur in these areas may not 
receive a Presidential emergency declaration and employees in these 
areas therefore may not receive donated annual leave from an emergency 
leave transfer program.
    If an emergency leave transfer program is not established in a 
small rural area, employees affected by a major disaster may continue 
to participate in their agency's existing voluntary leave transfer and 
leave bank programs. We believe these programs will be sufficient to 
cover the needs of most employees in the event of a major disaster or 
emergency. Further, the existing voluntary leave transfer program 
permits agencies to receive donations of annual leave from employees in 
other agencies when it is determined that such a transfer of leave 
would further the purpose of the program. (See Sec. 630.906(f)(3).)
    One individual suggested that employees be allowed to ``cash out'' 
donated leave to use for expenses related to emergency situations. 
There is no legal authority to provide cash to employees in lieu of 
donated annual leave.
    One agency asked whether the emergency leave transfer program 
applies to Foreign Service employees. The law governing the emergency 
leave transfer program defines ``agency'' as an Executive agency and 
``employee'' as an employee covered by chapter 63 of title 5, United 
States Code. Therefore, the emergency leave transfer program applies to 
any member of the Senior Foreign Service or any Foreign Service officer 
(other than a member or officer serving as chief of mission or in a 
position that requires appointment by and with the advice and consent 
of the Senate) and any member of the Foreign Service commissioned as a 
diplomatic or consular officer, or both, under section 312 of the 
Foreign Service Act of 1980. (See 5 U.S.C. 6391(a)(2) and 6301(2).)

Recordkeeping

    Two agencies suggested that OPM establish a Governmentwide tracking 
system to identify and track annual leave donations under the emergency 
leave transfer program. Since payroll systems vary from agency to 
agency, a uniform tracking and record maintenance system is not 
feasible.

Technical Corrections

    We are also taking advantage of the publication of these final 
regulations to correct two erroneous citations in Sec. 630.310 
concerning the scheduling of annual leave by employees deemed necessary 
for year 2000 computer conversion efforts.

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 
will affect only Federal agencies and employees.

List of Subjects in 5 CFR Part 630

    Government employees.

Office of Personnel Management.
Janice R. Lachance,
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 
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 also issued under 5 U.S.C. 6326; subpart I 
also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, 
and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5 
U.S.C. 6362, Pub. L. 100-566, and Pub. L. 103-103; subpart K also 
issued under Pub. L. 105-18, 111 Stat. 158; subpart L also issued 
under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M 
also issued under 5 U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92.

Subpart C--Annual Leave


Sec. 630.310  [Amended]

    2. In Sec. 630.310(b), ``630.208'' is corrected to read 
``630.308.''
    3. In Sec. 630.310(d), ``630.308'' is corrected to read 
``630.306.''

[Subpart K--Redesignated as Subpart M]

    4. In part 630, subpart K (consisting of Secs. 630.1101 through 
630.1109) is redesignated as subpart M (consisting of Secs. 630.1301 
through 630.1309), and a new subpart K (consisting of Secs. 630.1101 
through 630.1109) is added to read as follows:

Subpart K--Emergency Leave Transfer Program

Sec.
630.1101  Purpose, applicability, and administration.
630.1102  Definitions.

[[Page 72254]]

630.1103  Establishment of an emergency leave transfer program.
630.1104  Application to become an emergency leave recipient.
630.1105  Approval of application to become an emergency leave 
recipient.
630.1106  Limitations on donation and use of annual leave.
630.1107  Governmentwide transfer of emergency leave.
630.1108  Termination of disaster or emergency.
630.1109  Prohibition of coercion.


Sec. 630.1101  Purpose, applicability, and administration.

    (a) Purpose. This subpart provides regulations to implement section 
6391 of title 5, United States Code, and must be read together with 
section 6391. Section 6391 of title 5, United States Code, provides 
that in the event of a major disaster or emergency, as declared by the 
President, that results in severe adverse effects for a substantial 
number of employees, the President may direct the Office of Personnel 
Management (OPM) to establish an emergency leave transfer program under 
which an employee may donate unused annual leave for transfer to 
employees of his or her agency or to employees in other Executive 
agencies who are adversely affected by such disaster or emergency.
    (b) Applicability. This subpart applies to any individual who is 
defined as an ``employee'' in 5 U.S.C. 6331(1) and who is employed in 
an Executive agency.
    (c) Administration. The head of each agency having employees 
subject to this subpart is responsible for the proper administration of 
this subpart. Each Federal agency must establish and administer 
procedures to permit the voluntary transfer of annual leave consistent 
with this subpart.


Sec. 630.1102  Definitions.

    In this subpart--
    Agency means an ``Executive agency,'' as defined in 5 U.S.C. 105.
    Disaster or emergency means a major disaster or emergency, as 
declared by the President, that results in severe adverse effects for a 
substantial number of employees (e.g., loss of life or property, 
serious injury, or mental illness as a result of a direct threat to 
life or health).
    Emergency leave donor means a current employee whose voluntary 
written request for transfer of annual leave to an emergency leave 
transfer program is approved by his or her employing agency.
    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.
    Emergency leave recipient means a current employee for whom the 
employing agency has approved an application to receive annual leave 
from an emergency leave transfer program.
    Employee has the meaning given that term in 5 U.S.C. 6331(1).
    Family member has the meaning given that term in Sec. 630.902.
    Leave year has the meaning given that term in Sec. 630.201.
    Paid leave status under subchapter I has the meaning given that 
term in Sec. 630.902.


Sec. 630.1103  Establishment of an emergency leave transfer program.

    (a) When directed by the President, OPM will establish an emergency 
leave transfer program that permits an employee to donate his or her 
accrued annual leave to employees of the same or other Executive 
agencies who are adversely affected by such a disaster or emergency.
    (b) OPM will notify agencies of the establishment of an emergency 
leave transfer program for a specific disaster or emergency, as 
declared by the President. Once notified, each agency affected by the 
disaster or emergency is authorized to do the following:
    (1) Determine whether, and how much, donated annual leave is needed 
by affected employees;
    (2) Approve leave donors and/or leave recipients in their agencies, 
as appropriate;
    (3) Facilitate the distribution of donated annual leave from 
approved leave donors to approved leave recipients within their 
agencies; and
    (4) Determine the period of time for which donated annual leave may 
be accepted for distribution to approved leave recipients.
    (c) A leave bank established under subchapter IV of chapter 63 of 
title 5, United States Code, and subpart J of part 630 may, with the 
concurrence of the leave bank board established under Sec. 630.1003, 
donate annual leave to an emergency leave transfer program administered 
by the leave bank's employing agency.


Sec. 630.1104  Application to become an emergency leave recipient.

    (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. If an employee is not capable 
of making written application, a personal representative of the 
potential leave recipient may make written application on his or her 
behalf.
    (b) An employee who has a family member who has been adversely 
affected by a disaster or emergency may also make written application 
to his or her employing agency to become an emergency leave recipient. 
An emergency leave recipient may use donated annual leave to assist an 
affected family member, provided such family member has no reasonable 
access to other forms of assistance.
    (c) For the purpose of this subpart, an employee will be considered 
to be adversely affected by a major disaster or emergency if the 
disaster or emergency has caused severe hardship to the employee or a 
family member of the employee to such a degree that the employee's 
absence from work is required.
    (d) The employee's application must be accompanied by the following 
information concerning each potential leave recipient:
    (1) The name, position title, and grade or pay level of the 
potential emergency leave recipient;
    (2) A statement describing his or her need for leave from the 
emergency leave transfer program;
    (3) Any additional information that may be required by the 
potential leave recipient's employing agency.
    (e) Agencies may administratively determine a time period by which 
employees must apply to become an emergency leave recipient after the 
occurrence of a major disaster or emergency.


Sec. 630.1105  Approval of application to become an emergency leave 
recipient.

    (a) The potential emergency leave recipient's employing agency will 
review the application to become a leave recipient under procedures 
established by the employing agency for the purpose of determining that 
the potential leave recipient is or has been affected by the major 
disaster or emergency.
    (b) If the application is approved, the employing agency must 
notify the leave recipient (or his or her personal representative) 
within 10 calendar days (excluding Saturdays, Sundays, and legal public 
holidays) after the date the application was received (or the date the 
employing agency established its administrative procedures, if that 
date is later).
    (c) If the application is not approved, the employing agency must 
notify the applicant (or the personal representative who made 
application on behalf of the potential emergency leave recipient) 
within 10 calendar days (excluding

[[Page 72255]]

Saturdays, Sundays, and legal public holidays) after the date the 
application was received (or the date the employing agency establishes 
its administrative procedures, if that date is later). The agency must 
give the reasons for its disapproval.
    (d) An approved emergency leave recipient is not required to 
exhaust his or her accrued annual and sick leave before receiving 
donated leave under the emergency leave transfer program.


Sec. 630.1106  Limitations on donation and use of annual leave.

    (a) An employee may voluntarily submit a written request to his or 
her employing agency that a specified number of hours of his or her 
accrued annual leave, consistent with the limitations in paragraph (b) 
of this section, be transferred from his or her annual leave account to 
an emergency leave transfer program established under Sec. 630.1103(b). 
An emergency leave donor may not donate annual leave for transfer to a 
specific emergency leave recipient under this subpart.
    (b) An emergency leave donor may not contribute less than 1 hour 
nor more than 104 hours of annual leave in a leave year. Each agency 
may establish written criteria for waiving the 104-hour limitation on 
donating annual leave in a leave year.
    (c) Annual leave donated under this subpart may not be applied 
against the limitations on the donation of annual leave under the 
voluntary leave transfer or leave bank programs established under 5 
U.S.C. 6332 and 6362, respectively.
    (d) An emergency leave recipient may receive a maximum of 240 hours 
of donated annual leave at any one time from an emergency leave 
transfer program for each disaster or emergency.
    (e) Each emergency leave recipient must use the donated annual 
leave for purposes related to the disaster or emergency for which the 
emergency leave recipient was approved.
    (f) Annual leave transferred under this subpart may be--
    (1) Substituted retroactively for any period of leave without pay 
used because of the adverse effects of the disaster or emergency; or
    (2) Used to liquidate an indebtedness incurred by the emergency 
leave recipient for advance annual or sick leave used due to the 
adverse effects of the disaster or emergency. An agency may advance an 
emergency leave recipient annual or sick leave, as appropriate (even if 
the employee has available annual and sick leave), so that the 
emergency leave recipient is not forced to use his or her accrued leave 
before donated annual leave becomes available.
    (g) While an emergency leave recipient is using donated annual 
leave from an emergency leave transfer program, annual and sick leave 
will accrue to the credit of the employee at the same rate as if the 
employee were in a paid leave status under subchapter I of chapter 63 
of title 5, United States Code, and will be subject to the limitations 
imposed by 5 U.S.C. 6304(a), (b), (c), and (f) at the end of the leave 
year in which the transferred annual leave is received.
    (h) Annual leave transferred under this subpart may not be--
    (1) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552;
    (2) Made available for recredit under 5 U.S.C. 6306 upon 
reemployment by a Federal agency; or
    (3) Used to establish initial eligibility for immediate retirement 
or acquire eligibility to continue health benefits into retirement 
under 5 U.S.C. 6302(g).
    (i) Agencies are responsible for ensuring that annual leave donated 
under the emergency leave transfer program is used appropriately.


Sec. 630.1107  Governmentwide transfer of emergency leave.

    (a) If an agency does not receive sufficient amounts of donated 
annual leave to meet the needs of approved emergency leave recipients 
within the agency, the agency may contact OPM for assistance. The 
agency must notify OPM of the total amount of donated annual leave 
needed for transfer to its approved emergency leave recipients. OPM 
will solicit and coordinate the transfer of donated annual leave from 
other Federal agencies to affected agencies who may have a shortfall of 
donated annual leave. OPM will determine the period of time for which 
donations of accrued annual leave may be accepted for transfer to 
affected agencies.
    (b) Each Federal agency contacted by OPM for the purpose of 
providing donated annual leave to an agency in need will--
    (1) Approve leave donors under the conditions specified in 
Sec. 630.1106(a) and (b) and determine how much donated annual leave is 
available for transfer to an affected agency;
    (2) Maintain records on the amount of leave donated by each 
emergency leave donor to the emergency leave transfer program (for the 
purpose of restoring unused transferred annual leave under 
Sec. 630.1108(c));
    (3) Report the total amount of annual leave donated to the 
emergency leave transfer program to OPM; and
    (4) When OPM has accepted the donated annual leave, debit the 
amount of annual leave donated to the emergency leave transfer program 
from each emergency leave donor's annual leave account.
    (c) OPM will notify each affected agency of the aggregate amount of 
donated annual leave that will be credited to the agency for transfer 
by the agency to its approved emergency leave recipient(s). The 
affected agency will determine the amount of donated annual leave to be 
transferred to each emergency leave recipient (an amount that may vary 
according to individual needs).
    (d) The affected agency must credit the annual leave account of 
each approved emergency leave recipient as soon as possible after the 
date OPM notifies the agency of the amount of donated annual leave that 
will be credited to the agency under paragraph (b) of this section.
    (e) Any annual leave donated to an emergency leave transfer program 
that is not used by the approved emergency leave recipients will be 
returned by OPM to the donating agencies for restoring to their 
emergency leave donors under Sec. 630.1108(b). The donating agencies 
must determine the amount of donated annual leave to be returned to 
each of their emergency leave donors consistent with the provisions in 
Sec. 630.1108(c).


Sec. 630.1108  Termination of disaster or emergency.

    (a) The disaster or emergency affecting an emergency leave 
recipient terminates--
    (1) When the employing agency or OPM determines that the disaster 
or emergency has terminated;
    (2) When the emergency leave recipient's Federal service 
terminates;
    (3) At the end of the biweekly pay period in which the emergency 
leave recipient, or his or her personal representative, notifies the 
employing agency that he or she is no longer affected by such disaster 
or emergency;
    (4) At the end of the biweekly pay period in which the employing 
agency determines, after written notice from the agency and an 
opportunity for the emergency leave recipient or his or her personal 
representative to answer orally or in writing, that the emergency leave 
recipient is no longer affected by such disaster or emergency; or
    (5) At the end of the biweekly pay period in which the emergency 
leave recipient's employing agency receives notice that OPM has 
approved an application for disability retirement for the emergency 
leave recipient under the

[[Page 72256]]

Civil Service Retirement System or the Federal Employees' Retirement 
System, as appropriate.
    (b) When a disaster or emergency affecting an emergency leave 
recipient is terminated, any annual leave donated to an emergency leave 
transfer program that is not used by an approved emergency leave 
recipient must be returned to the emergency leave donors. The amount of 
remaining annual leave to be returned to each emergency leave donor 
must be proportional to the amount of annual leave donated by the 
employee to the emergency leave transfer program for such disaster or 
emergency. Annual leave donated to an emergency leave transfer program 
for a specific disaster or emergency may not be transferred to another 
emergency leave transfer program established for a different disaster 
or emergency.
    (c) Under procedures established by the donating agency, the agency 
will determine the amount of annual leave returned under paragraph (b) 
of this section to be restored to each of the emergency leave donors 
who, on the date leave restoration is made, is employed by a Federal 
agency. At the election of the emergency leave donor, unused 
transferred annual leave restored to the emergency leave donor may be 
restored by--
    (1) Crediting the restored annual leave to the emergency leave 
donor's annual leave account in the current leave year; or
    (2) Crediting the restored annual leave to the emergency leave 
donor's annual leave account effective as of the first day of the 
following leave year.


Sec. 630.1109  Prohibition of coercion.

    (a) An employee may not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any 
other employee for the purpose of interfering with any right such 
employee may have with respect to donating, receiving, or using annual 
leave under this subpart.
    (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).
    5. In the newly redesignated subpart M, for each section indicated 
in the left column, the citations in the middle column are removed 
wherever they appear in the section, and the citations in the right 
column are added to read as follows:


Secs. 630.1304, 630.1308, and 630.1309  [Amended]

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
630.1304....................  Sec.  630.1109(b)(1)  Sec.  630.1309(b)(1)
630.1308....................  Sec.  630.1107        Sec.  630.1307
630.1309....................  Sec.  630.1104(c)     Sec.  630.1304(c)
630.1309....................  Sec.  630.1103(b)     Sec.  630.1303(b)
------------------------------------------------------------------------

[FR Doc. 99-33361 Filed 12-23-99; 8:45 am]
BILLING CODE 6325-01-P