[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Proposed Rules]
[Pages 1068-1110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28544]



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Part IV





Office of Personnel Management





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5 CFR Parts 353, 530, et al.



Restoration to Duty From Uniformed Service or Compensable Injury; 
Payrates and Systems (General); Pay Under the General Schedule; Pay 
Administration (General); Pay Administration Under the Fair Labor 
Standards Act; Recruitment and Relocation Bonuses; Retention 
Allowances; Supervisory Differentials; Hours of Duty; and Absence and 
Leave; Proposed Rule

  Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / 
Proposed Rules  

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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Parts 353, 530, 531, 550, 575, 610, and 630

RIN 3206-AK61


Restoration to Duty From Uniformed Service or Compensable Injury; 
Payrates and Systems (General); Pay Under the General Schedule; Pay 
Administration (General); Pay Administration Under the Fair Labor 
Standards Act; Recruitment and Relocation Bonuses; Retention 
Allowances; Supervisory Differentials; Hours of Duty; and Absence and 
Leave

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

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SUMMARY: The Office of Personnel Management is issuing proposed 
regulations to amend the rules concerning the determination of official 
duty station for location-based pay entitlements, compensatory time off 
for religious observance, hours of work and alternative work schedules, 
and absence and leave. In addition, the proposed regulations are being 
issued to aid and support the standardization of pay policies under the 
e-Payroll initiative. The regulations have been rewritten and, in some 
instances, reordered to enhance reader understanding.

DATES: Comments must be received on or before March 7, 2005.

ADDRESSES: Send or deliver comments to Donald J. Winstead, Deputy 
Associate Director for Pay and Performance Policy, Strategic Human 
Resources Policy Division, Office of Personnel Management, Room 7H31, 
1900 E Street NW., Washington, DC 20415, FAX: (202) 606-0824, or e-mail 
them to [email protected].

FOR FURTHER INFORMATION CONTACT: Sharon Herzberg by telephone at (202) 
606-2858; by fax at (202) 606-0824; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is 
issuing proposed regulations to revise the rules concerning the 
determination of official duty station for location-based pay 
entitlements, compensatory time off for religious observances, hours of 
work and alternative work schedules, and absence and leave. Except as 
otherwise stated in this supplementary information, the purpose of 
these revisions is to standardize and simplify pay, leave, and hours of 
work rules to simplify payroll processing under the e-Payroll 
initiative and in general to aid agencies in the administration of 
these programs. We are also taking this opportunity to make these parts 
more readable. As part of this rewriting effort, the proposed 
regulations have been reorganized and renumbered to aid in 
accessibility. In addition, we have replaced the verb ``shall'' with 
``must'' for added clarity and readability. We intend that any 
provision using the verb ``must'' has the same meaning and effect as 
previous provisions using ``shall.''

Military Leave

    Section 353.208 of title 5, Code of Federal Regulations, states 
that an employee on military leave is permitted, upon request, to use 
any accrued annual leave (or sick leave, if appropriate), or military 
leave during such service. However, the Uniformed Services Employment 
and Reemployment Rights Act of 1994, Public Law 103-353, December 12, 
1994, which was implemented by this regulation, states that an employee 
must be permitted during a period of military service to use any 
vacation, annual, or similar leave with pay accrued by the person 
before the commencement of such service. We do not believe that sick 
leave is similar to annual leave in this context. Sick leave is 
intended to provide income to an employee who must be excused from work 
on account of sickness. Long-standing Comptroller General opinions have 
held an employee who is already on extended leave without pay cannot be 
said to be prevented from working by a period of sickness and therefore 
is not entitled to use sick leave. Likewise, an employee on extended 
leave without pay for military service cannot be said to be prevented 
from working at his civilian job by a period of illness. Therefore, we 
are proposing to delete the reference to sick leave from Sec.  353.208.
    In addition, the last sentence of Sec.  353.208 states that an 
employee may not use military leave for inactive duty training. 
However, authority to use military leave for inactive duty training was 
added by section 1106 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106-65, October 5, 1999). Section 1106 
amended 5 U.S.C. 6323(a)(1) to permit an employee to use his or her 
entitlement to 15 days of military leave for ``inactive-duty training'' 
(as defined in section 101 of title 37, United States Code) in addition 
to active duty and active duty training. Therefore, we are proposing 
the deletion of the last sentence of Sec.  353.208 consistent with this 
change in law.

Official Duty Station

    We are proposing to add a new 5 CFR 531.605 to specifically define 
the requirements for determining an employee's official duty station 
for location-based pay entitlements, including special salary rates 
under 5 CFR part 530, subpart C, special pay for law enforcement 
officers under 5 CFR part 531, subpart C, and locality based 
comparability payments under 5 CFR part 531, subpart F. New Sec.  
531.605 also addresses the official duty station determination for 
employees temporarily working at another location or teleworking from 
an alternative worksite. Under Sec.  531.605, the official duty station 
is the location where the employee regularly performs his or her 
duties. For employees who telework, the official duty station is the 
employee's telework site. However, if an agency schedules an employee 
to report at least once a week to the regular work site (i.e., the 
location of his or her assigned organization), the official duty 
station is the regular worksite. Agencies may make temporary exceptions 
to this requirement in appropriate circumstances.
    We are proposing to revise the definition of official duty station 
at Sec. Sec.  531.301 and 531.602 to refer to the new requirements 
found at revised Sec.  531.605. In addition, we propose to add the 
definition of position of record to Sec. Sec.  531.301 and 531.602. The 
definition of position of record builds on the language found in 
current regulations in Sec.  530.303(i) and clarifies that the term 
incorporates employing agency, grade, occupational series, and position 
duties--all of which may be relevant in determining an employee's 
coverage under a special rate schedule. In addition, we propose to 
revise Sec.  530.303(i), which concerns conditions for coverage under 
special salary rates, to incorporate these new definitions. Finally, we 
are adding the definitions of telework and telework arrangement to 
Sec.  531.602.

Time Limits for Use of Compensatory Time Off

    The consolidation of payroll systems has revealed varying policies 
among agencies concerning time limits for the use of compensatory time 
off. As part of our effort to support consolidation through 
standardization of payroll processes, we are proposing to amend the 
regulations at 5 CFR 550.114 and 551.531 to provide a consistent 26-pay 
period time limitation on the period during which an employee may use 
compensatory time off. Under current regulations at Sec.  550.114(d), 
the head of

[[Page 1069]]

an agency may require that an employee who is not covered by the Fair 
Labor Standards Act must use earned compensatory time off within a 
certain time period or risk forfeiture of unused compensatory time off, 
unless failure to use the compensatory time off is due to an exigency 
of the service beyond the employee's control. Under this discretionary 
authority, many agencies have established policies to provide payment 
for unused compensatory time off upon expiration of the agency's 
established time limit. The proposed regulations would establish a 
Governmentwide time limit of 26 pay periods for using earned 
compensatory time off, but agencies would retain their discretionary 
authority to provide payment for, or require forfeiture of, 
compensatory time off that is not used within the 26-pay period time 
limit. The proposed regulations also would require that if an employee 
who is not covered by the Fair Labor Standards Act separates or goes on 
extended leave without pay to perform service in one of the uniformed 
services or because of an on-the-job injury with entitlement to injury 
compensation under 5 U.S.C. chapter 81, he or she would be entitled to 
receive pay for the overtime work at the overtime rate in effect for 
the period during which compensatory time off was earned.
    Under the proposed regulations at Sec.  551.531, if an employee who 
is covered by the Fair Labor Standards Act fails to use compensatory 
time off earned under paragraph (a) or (b) of that section within 26 
pay periods, or if the employee separates before the earned 
compensatory time off is used, he or she must be paid for the overtime 
work at the overtime rate in effect for the period during which the 
compensatory time off was earned. In addition, the proposed regulations 
require that if an employee who is covered by the Fair Labor Standards 
Act goes on extended leave without pay to perform service in one of the 
uniformed services or because of an on-the-job injury with entitlement 
to injury compensation under 5 U.S.C. chapter 81, he or she is entitled 
to receive pay for the overtime work at the overtime rate in effect for 
the period during which compensatory time off was earned. To aid 
payroll providers in transitioning to the new time limitations, the 
proposed regulations provide that employees with unused compensatory 
time off to their credit under Sec.  550.114 or Sec.  551.531 as of the 
effective date of the final regulations would have 26 pay periods after 
the effective date of the final regulations to use such compensatory 
time off. Time limitations for paying earned compensatory time off to 
employees covered by the Federal Wage System will be discussed by the 
Federal Prevailing Rate Advisory Committee before OPM issues final 
regulations.

Compensatory Time Off for Religious Observances

    We are proposing to add definitions of three terms in 5 CFR 
550.1002. The term employee is used in defining coverage. The term rate 
of basic pay is used in proposed Sec.  550.1008 in the context of 
determining the monetary value of compensatory time off for religious 
observances. The term scheduled tour of duty for leave purposes is used 
in proposed Sec.  550.1001 to make clear that religious compensatory 
time off is used in place of hours within the employee's tour of duty 
as established for leave purposes.
    Proposed Sec.  550.1003 provides that an agency may require 
documentation to ensure that an employee's request for compensatory 
time off for religious observances is legitimate. Also, this section 
empowers agencies to require employees who are submitting requests for 
this time off to make the requests sufficiently in advance to allow for 
work schedule adjustments that may be required to accommodate the time 
off. These provisions are consistent with the past guidance we have 
given agencies concerning the administration of this program.
    Proposed Sec.  550.1004 includes a new requirement that, if an 
employee fails to perform compensatory overtime work within 3 pay 
periods after using advanced compensatory time off, the agency should 
charge the employee annual leave to eliminate the negative balance. 
This is consistent with longstanding OPM policy. In addition, proposed 
Sec.  550.1005 provides that agencies may allow employees to accumulate 
only the number of hours of earned compensatory time off needed to 
cover past absences and anticipated absences for specifically 
identified religious observances. While agencies have always been able 
to require employees to identify specific future religious observances 
as a condition for allowing them to earn religious compensatory time 
off, this new section now makes it mandatory that agencies require 
employees to identify the specific future religious observances for 
which the compensatory time off will be used. This requirement is 
intended to prohibit the practice of ``stockpiling'' religious 
compensatory time off and ensures that this benefit will be used as 
intended by law.
    Proposed Sec.  550.1007 includes a new sentence documenting the 
fact that earned compensatory time off for religious observances under 
5 U.S.C. 5550a is not considered in applying the premium pay 
limitations in 5 U.S.C. 5547 and 5 CFR 550.105-550.107. (See 62 CG 590, 
July 26, 1983.) In contrast, the dollar value of overtime work 
resulting in earned compensatory time off under 5 U.S.C. 5543 is 
considered to be premium pay in applying those limitations.
    Proposed Sec.  550.1008 provides rules regarding how an agency must 
deal with employees who have a negative or positive balance of earned 
compensatory time off for religious observances when they separate from 
an agency. Consistent with previous OPM policy, in converting earned 
but unused compensatory time off to a monetary value, agencies must use 
the rates of basic pay in effect at the time the religious compensatory 
overtime work was performed.
    If an employee has a negative balance of religious compensatory 
time off hours upon separation from the agency, the employee's annual 
leave balance would be reduced by the amount of the negative balance of 
hours to the extent possible. If it is necessary for the agency to 
determine the monetary value of the employee's negative balance, that 
value would be computed using the employee's rate of basic pay in 
effect at the time the religious compensatory time was taken.

Federal Wage System

    OPM is proposing to revise its regulations in 5 CFR part 550, 
subpart L, on lump-sum payments for accumulated and accrued annual 
leave for employees who separate from Federal service (64 FR 36763, 
July 8, 1999) to ensure consistency with the guidance provided in the 
OPM Operating Manual on the Federal Wage System. This change ensures 
that a lump-sum payment for employees who work a regular rotating 
schedule involving work on both day and night shifts is calculated as 
if the employee had continued to work beyond the effective date of 
separation. To further ensure that the regulations are consistent with 
the guidance provided in the Operating Manual, we are proposing to 
amend the definition of rate of basic pay in the regulations at 5 CFR 
575.103, 575.203, and 575.303 for purposes of recruitment and 
relocation bonuses and retention allowances. The revised definition 
will clarify that night pay and environmental differential pay under 
the Federal Wage System are not

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included in the definition of rate of basic pay for those purposes.

Weekly and Daily Scheduling of Work

    In 5 CFR 610.102, we are proposing to add the definitions of 
authorized agency official and unpaid meal period. In addition, we 
propose to change the reference in Sec.  610.111 from ``overtime pay'' 
in paragraph (a)(1)(ii) to ``premium pay'' to be consistent with other 
references within the section. We are also proposing to add paragraph 
(e) to Sec.  610.121 to clarify that the regulations on work schedules 
do not apply to employees on flexible and compressed work schedules in 
those areas where the law and regulation on flexible and compressed 
work schedules conflict with the requirements of this section.
    In Sec.  610.123, we are proposing to change the word ``shall'' to 
``should'' to indicate that while an agency official may require an 
employee to travel outside duty hours, every effort should be made to 
avoid doing so. In addition, we are clarifying that an agency may not 
adjust the regular working hours of an employee solely for the purpose 
of including time spent traveling as hours of work. We are also 
proposing the addition of Sec.  610.124 to clarify that agencies have 
authority to establish a mandatory unpaid break for meal periods under 
5 U.S.C. 6101(a)(3)(F) and that there is no explicit entitlement to a 
meal period. An agency may require or permit unpaid meal periods during 
overtime hours, and the policy may be different from that for the basic 
workweek. An unpaid meal period may not be counted as hours of work.

Holidays

    In 5 CFR 610.201, we are proposing the addition of the definitions 
of administrative workweek, agency, authorized agency official, basic 
workday, basic workweek, employee, rate of basic pay, and the United 
States. In addition, we are revising Sec.  610.202 to clarify when an 
employee is entitled to a paid holiday. This section reflects the 
requirements of Executive Order 11582 and previous OPM guidance. We are 
also proposing the revision of Sec.  610.203(b) to clarify how to 
determine holidays for employees, as provided by 5 U.S.C. 6103(b) and 
(d) and Executive Order 11582. In addition, we are proposing to add a 
note to new Sec.  610.203(c), to clarify that an employee on a 
compressed work schedule is not entitled to an additional ``in-lieu-
of'' holiday if his or her duty station is closed by an administrative 
action (if for example, the installation is closed due to inclement 
weather) on a day that has been designated as his or her alternate 
legal holiday. We are also proposing to move parts of former Sec. Sec.  
610.405 and 610.406 to Sec.  610.203(d) for ease of administration. New 
Sec.  610.203(d) clarifies that part-time employees on flexible or 
compressed work schedules are not entitled to an ``in-lieu-of'' holiday 
when the holiday falls on their regularly scheduled nonworkday.
    We are also proposing to add new Sec.  610.204 in response to 
numerous inquiries OPM receives from agencies and employees as to an 
employee's entitlement to pay for a holiday when the employee has been 
in a nonpay status before and/or after the holiday. Employees normally 
are paid on a holiday on which they do not work under the assumption 
that, but for the holiday, they would have worked and received pay. It 
is logical to assume that employees who are in a nonpay status on the 
workdays before and after a holiday would not have worked on the 
holiday itself. However, it may also be assumed that employees who are 
in a pay status for a portion of the day before or after the holiday 
would have been in a pay status on the holiday. Therefore, we are 
proposing to clarify that if an employee is in a pay status for at 
least 4 hours on the day before or after the holiday, he or she is 
entitled to be paid for the holiday.

Administrative Dismissals of Daily, Hourly, and Piecework Employees

    We are proposing to revise the definition of regular employees in 5 
CFR 610.302 to clarify that 5 CFR part 610, subpart C, does not apply 
to employees who have a scheduled annual rate of pay--for example, 
employees paid from the General Schedule. We are also proposing to 
revise Sec.  610.303 to make clear that Federal Wage System employees 
are not covered by subpart C, consistent with Public Law 92-392.

Flexible and Compressed Work Schedules

    Unless otherwise stated, the additions to 5 CFR 610.401 through 
610.411 codify current OPM policy and interpretation of law (5 U.S.C. 
chapter 61, subchapter II) as published in the ``Handbook on 
Alternative Work Schedules.'' In Sec.  610.402 we are proposing the 
addition of alternative work schedule, basic work requirement, 
compressed work schedule, core hours, flexible hours, flexible work 
schedule, rate of basic pay, and tour of duty. We are also proposing to 
add language to Sec.  610.403 to make it clear that there is no 
authority that would allow an agency to combine elements from flexible 
and compressed work schedules to create a ``hybrid'' schedule. In 
addition, we propose to add Sec.  610.411 to stipulate that overtime 
hours under a flexible work schedule must be officially ordered in 
advance.
    By law (5 U.S.C. 6124 and 6128) employees on a flexible work 
schedule are entitled to 8 hours of paid absence on a holiday, while 
employees on a compressed schedule are entitled to the number of hours 
of paid absence equal to the number of hours they are scheduled to 
work. We are proposing to revise current Sec.  610.405, which will be 
renumbered as Sec.  610.412, to add language to stipulate that full-
time employees under a flexible work schedule are entitled to 8 hours 
of holiday pay and that part-time employees are entitled to holiday pay 
for the number of hours regularly scheduled for that day, not to exceed 
8 hours. In addition, we are proposing to add Sec.  610.413 to clarify 
that full-time employees on a flexible work schedule who perform work 
on a holiday are entitled to up to 8 hours of holiday premium pay, 
their rate of basic pay for nonovertime hours within the basic work 
requirement, and, if applicable, overtime pay for hours in excess of 
the basic work requirement that are officially ordered and approved. In 
addition, this section also explains that part-time employees who 
perform work on a holiday are entitled to holiday premium pay for hours 
of work performed during their basic work requirement on a holiday, not 
to exceed 8 hours. Finally, this section clarifies that part-time 
employees scheduled to work on a day designated as an ``in lieu of'' 
holiday for full-time employees are not entitled to holiday premium 
pay.
    We are proposing the addition of Sec.  610.414 to clarify the 
treatment of credit hours earned under a flexible work schedule. We 
propose to make clear that full-time employees may carry forward up to 
24 credit hours from one pay period to the next and part-time employees 
may carry forward a proportional amount. Paragraph (a) incorporates 
language currently found in Sec.  610.408, which prohibits members of 
the Senior Executive Service from earning credit hours.
    We are proposing to add Sec.  610.421 to clarify that, for full-
time employees who are not covered by the Fair Labor Standards Act 
(FLSA) (FLSA-exempt employees) and have compressed work schedules, 
overtime hours are those officially ordered and approved in excess of 
the compressed schedule for the day. For part-time FLSA-exempt 
employees, overtime hours are those officially ordered and approved but 
must be in excess of 8 hours in a day or 40 hours in a week. For full-
time

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employees who are covered by the FLSA (FLSA-non-exempt employees), 
overtime hours are those in excess of the compressed work schedule that 
are officially ordered and approved or ``suffered or permitted.'' For 
part-time FLSA-nonexempt employees, overtime hours are those in excess 
of the compressed schedule for the day that are officially ordered and 
approved but must be in excess of 8 hours in a day or 40 hours in a 
week. Full-time and part-time employees may not be credited with FLSA 
overtime hours on the basis of periods of duty in excess of 8 hours in 
a day when the hours are not hours of work for purposes of computing 
overtime pay under 5 CFR 410.402, 5 CFR Parts 550 or 532 and 5 U.S.C. 
5544 (e.g., suffered or permitted overtime work). Suffered or permitted 
overtime work is always credited towards an employee's weekly FLSA 
overtime standard. The daily overtime standard applies only to hours of 
work that would be considered overtime hours under title 5, United 
States Code, for General Schedule or prevailing rate (wage) employees.

Leave and Overtime Hours

    We have been asked whether an employee whose tour of duty includes 
regularly scheduled overtime work may earn or be charged leave during 
those overtime hours. Leave cannot be earned or charged during overtime 
hours, except as provided in 5 CFR 630.204 for employees on uncommon 
tours of duty. We propose to revise Sec. Sec.  630.202 and 630.205 to 
clarify that both full-time and part-time employees earn and use leave 
based on their regularly scheduled administrative workweek, exclusive 
of overtime hours. In addition, for clarity and consistency, the term 
``regularly scheduled administrative workweek'' and ``intermittent work 
schedule'' are defined in Sec.  630.201.

Charging Leave for Part-Time Employees

    We have been asked whether part-time employees should be charged 
leave for additional hours outside their ``normal'' work schedule if 
they are unable to work the additional hours. We propose to revise 
Sec.  630.205 to make clear that a part-time employee earns leave based 
on the number of nonovertime hours (i.e., hours less than 8 hours in a 
day and 40 hours in a week) in a pay status, without regard to the 
number of hours in his or her regularly scheduled workweek. Thus, a 
part-time employee would be charged leave for any nonovertime hours the 
employee is unable to work during the regularly scheduled workweek, as 
long as the employee's work schedule is established in advance of the 
pay period. However, a part-time employee would not be charged leave 
for hours not worked that were scheduled in addition to the employee's 
regularly scheduled administrative workweek after the beginning of the 
pay period. For example, if a part-time employee who is scheduled to 
work 62 hours in a pay period is required to work a total of 70 hours, 
he or she would earn leave based on the 70-hour total. However, if the 
employee is not able to work more than 62 hours, he or she could not be 
charged leave for the excess 8 hours because it was not scheduled in 
advance of the pay period.
    A part-time employee who has hours in a pay status that are fewer 
than the number of hours necessary to accrue 1 hour of leave is 
entitled to have those hours in a pay status carried forward into the 
next pay period and credited toward leave accrual. For example, an 
employee who is entitled to accrue 1 hour of leave for every 13 hours 
in a pay status and who works 56 hours is credited with 4 hours of 
leave, and the remaining 4 hours in a pay status must be carried 
forward. Therefore, we are proposing to add Sec.  630.205(d) to clarify 
that, for part-time employees, hours in a pay status that are 
insufficient to accrue 1 hour of leave must be carried forward into the 
next pay period and credited toward leave accrual.
    In addition, we are adding a new Sec.  630.301 to clarify that, for 
both part-time and full-time employees whose duty station is the United 
States, the maximum amount of annual leave that may be carried over 
from one leave year into the next is 240 hours (30 days). This 
limitation is found in law at 5 U.S.C. 6304(a) and is being restated in 
regulation for clarification. The maximum amount of annual leave that 
may be carried over by an employee who transfers from an overseas 
assignment is prescribed in 630.302(c).

Leave for Employees on Uncommon Tours of Duty

    New 5 CFR 630.204 would give agencies the authority to require that 
employees with uncommon tours of duty accrue and use leave based on 
that uncommon tour. We propose to revise paragraphs (a) and (b) of 
Sec.  630.204 to clarify that for employees who accrue and use leave on 
the basis of an uncommon tour of duty, the ceiling on the amount of 
annual leave that may be carried over into the next leave year under 5 
U.S.C. 6304(a), (b), or (c), or the amount of annual or sick leave that 
may be advanced under 5 U.S.C. 6302(d) or 6307(d), must be adjusted 
along with accrual rates and leave balances to reflect the uncommon 
tour of duty. For example, when an uncommon tour of duty is established 
for a firefighter with a 144-hour biweekly tour of duty, the annual 
leave ceiling for that firefighter must be adjusted to 432 hours (144/
80 x 240 hours).
    In addition, consistent with the ``directly proportional rule'' 
applied in Sec.  630.204, the amount of sick leave that may be advanced 
to an employee with an uncommon tour of duty must be calculated using 
the ratio of the employee's biweekly hours to an 80-hour pay period. 
For example, for a firefighter with a biweekly tour of duty of 144 
hours, the maximum amount of sick leave that may be advanced is 432 
hours (144/80 x 240). The amount of annual leave that may be advanced 
is equal to the amount of annual leave such firefighters would earn 
during the remainder of the current leave year.
    The proposed revision of Sec.  630.204 also provides that when an 
employee is converted to a different tour of duty, the employee's leave 
accrual rates, leave balances, advanced leave, and leave ceiling must 
be converted simultaneously. Lastly, we propose to revise Sec.  630.905 
(currently found at Sec.  630.906(c)) to permit an agency that has 
employees who earn and use annual leave on the basis of an uncommon 
tour of duty to establish procedures for administering the transfer of 
annual leave to or from such employee under both the leave transfer and 
leave bank programs established under 5 U.S.C. chapter 63, subchapters 
III and IV.

90-Day Appointment

    Agencies have requested clarification from OPM on the annual leave 
accrual status of an employee who has been appointed for a term limited 
to less than 90 days. Section 6303(b) of title 5, United States Code, 
limits the annual leave accrual of employees whose current appointment 
is limited to less than 90 calendar days. However, employees may accrue 
annual leave if they receive consecutive appointments, all less than 90 
days, that cumulatively total more than 90 calendar days of employment 
without a break in service. We are proposing to add a new 5 CFR 630.206 
to clarify that an employee who receives an initial appointment limited 
to less than 90 days is not eligible to accrue annual leave. However, 
if the appointment is extended or the employee receives one or more 
successive appointments without a break in service, the employee 
becomes eligible to accrue annual leave on the 90th day of employment, 
and in addition, the employee is entitled to the

[[Page 1072]]

annual leave that would have accrued during the initial 90-day period. 
Employees whose appointments are not limited to less than 90 days are 
not subject to this provision, nor are employees who are serving in a 
less-than-90-day appointment to which they transferred, without a break 
in service, from a leave-earning position. Also, the limits on leave 
accrual for an employee who has been appointed to a less-than-90-day 
appointment applies only to annual leave. Such employees earn 4 hours 
of sick leave in each biweekly pay period of the appointment.

Fractional Pay Periods and Reduction in Leave Credits

    We are proposing to revise 5 CFR 630.207 to provide that when an 
employee's service is interrupted by a non-leave-earning period, such 
as a period of intermittent employment or a period during which an 
employee receives benefits from the Department of Labor's Office of 
Workers' Compensation Programs (OWCP), he or she earns leave on a 
prorated basis for that portion of each pay period during which he or 
she is eligible to earn leave as long as there is no break in Federal 
service. An employee who moves back and forth between part-time and 
intermittent employment has periods when he or she is eligible to earn 
leave and periods when he or she is not. This change in eligibility to 
earn leave also occurs when an employee is carried in a leave without 
pay status while receiving disability compensation (i.e., workers' 
compensation) and is not eligible to earn leave under the rules 
governing dual compensation. Agencies must credit a prorated amount of 
annual and sick leave to employees who become ineligible to accrue 
leave in the middle of a pay period.
    However, employees who begin an extended period of leave without 
pay in the middle of a pay period (e.g., extended leave for military 
service or under the Family and Medical Leave Act) are entitled to 
accrue leave in that pay period. By law, employees accrue leave when 
they are employed for a full biweekly pay period. Proposed Sec.  
630.202 states that a full-time employee earns leave during each full 
biweekly pay period while in a pay status or in a combination of a pay 
status and a nonpay status. The effect of leave without pay on the 
accrual of annual and sick leave is addressed in new Sec.  630.208, 
which requires reduction in leave credits for excess hours in a nonpay 
status. A full-time employee who is eligible to earn leave under Sec.  
630.202 may, through the intermittent or extended use of leave without 
pay, accumulate a number of hours in a nonpay status. When this number 
equals the number of hours in the pay period, the employee forfeits the 
leave that would have been earned in that pay period. For example, 
employee A earns 8 hours of annual leave in each full biweekly pay 
period. He or she is intermittently on leave without pay during the 
months of February through the last pay period in September, but has 
continued during this period to earn 8 hours of annual leave and 4 
hours of sick leave each pay period. In the last pay period in 
September, the employee's leave without pay balance reaches 80 hours 
(the number of hours in the pay period), and he or she must forfeit the 
hours of annual and sick leave he or she would have accrued. In effect, 
the employee earns no leave in the last pay period in September. (Any 
hours in a nonpay status that are not offset by the forfeiture of 
annual and sick leave will be carried forward to the next pay period.) 
The employee continues to earn annual and sick leave at his or her 
regular rate until the leave without pay total again reaches 80 hours 
(the number of hours in the pay period). If an employee who earns 6 
hours of annual leave in a pay period reaches 80 hours of leave without 
pay during the last full biweekly pay period of the year (the pay 
period during which he or she would receive an additional 4 hours), the 
employee forfeits the full 10 hours.
    Employee B is carried on the rolls in a leave without pay status 
while receiving disability compensation. The rules governing dual 
compensation state that an employee who is receiving disability 
compensation is not entitled to earn leave. Since employee B is in a 
``non-leave earning period,'' no reduction in leave credits is 
required. Employee B may earn leave on that portion of a pay period 
during which he or she is eligible to earn leave under Sec.  630.207.
    Employee C is on continuous leave without pay and is actually still 
earning leave at his or her normal rate. However, the employee is 
simultaneously forfeiting the leave he or she would have earned each 
time he or she reaches a number of hours of leave without pay that is 
equal to twice the number of hours in the regularly scheduled workweek. 
Since the employee's leave without pay reaches 80 hours of leave 
without pay each pay period, he or she earns no annual or sick leave.
    If, at the end of the leave year, an employee has an accumulation 
of hours of leave without pay that is less than the number of hours in 
the pay period, the agency must drop those hours. An employee may have 
one or more breaks in service in a year, during which he or she is 
ineligible to accrue leave (e.g., as a result of the employee's 
intermittent status or receipt of workers' compensation). However, when 
counting hours of leave without pay, an agency may count only those 
hours in a nonpay status that occurred during those periods in which 
the employee was eligible to accrue leave, including fractional pay 
periods under Sec.  630.207.

Minimum Charge for Leave

    Section 630.205 of title 5, Code of Federal Regulations, currently 
states that the minimum charge to an employee's leave account is 1 
hour, unless an agency establishes a minimum charge of less than 1 
hour, or establishes a different minimum charge through negotiations. 
As a result, agencies have established policies that have resulted in 
leave being charged in a variety of increments ranging from 1 minute to 
1 hour. OPM, as the managing partner of e-Payroll consolidation and 
standardization is proposing to establish a uniform, Governmentwide 
policy on the minimum charge to leave. In Sec.  630.209, we are 
proposing to provide two alternatives for charging leave. Agencies may 
charge leave in increments of one-tenth of an hour (6 minutes) or one-
quarter of an hour (15 minutes). Limiting the charge to leave to just 
two methods will simplify time and attendance recording and further our 
goal to standardize payroll processing. In addition, this change will 
further the work scheduling flexibilities available to agencies and 
employees. The final issuance of the new rules for charging leave will 
not invalidate the provisions of any existing collective bargaining 
agreement (CBA). If the leave provisions of a CBA were proper under the 
regulations existing at the time they were negotiated, but conflict 
with the proposed changes, the existing provisions will stand for the 
duration of the agreement. Upon expiration of the CBA, no provision 
that conflicts with the new regulations may be renewed.
    We are also proposing to modify the regulation concerning the 
transfer of leave from one agency to another at Sec.  630.501, to 
standardize and simplify that procedure. New Sec.  630.501 states that 
when an employee transfers to a position covered by a different leave 
accounting system, his or her leave must be converted by the gaining 
agency into the minimum increment that can be accommodated.

Advancing Leave

    In response to requests for clarification on the amount of annual 
leave that may be advanced to an

[[Page 1073]]

employee, we are proposing to add 5 CFR 630.210 to provide that an 
employee (full-time or part-time) may be advanced, at the beginning of 
the leave year or at any time thereafter, only the amount of annual 
leave that he or she is expected to accrue during the remainder of the 
leave year.
    A full-time employee may be advanced up to 30 days (240 hours) of 
sick leave for serious disability or ailment or for purposes related to 
the adoption of a child. Section 6302(c) of title 5, United States 
Code, establishes that a part-time employee is entitled to leave 
benefits under section 6307 (sick leave) on a pro rata basis. 
Therefore, Sec.  630.210(b) would also provide that the maximum amount 
of sick leave that may be advanced to a part-time employee or an 
employee on an uncommon tour of duty is prorated according to the 
number of hours in the employee's regularly scheduled administrative 
workweek. For example, since a full-time employee is limited to a 
maximum of 240 hours (6 weeks x 40 hours = 240) of advanced sick leave, 
an employee who has a regularly scheduled administrative workweek of 24 
hours may be advanced up to 144 hours (6 weeks x 24 hours = 144) of 
sick leave for serious disability or ailment (including childbirth and 
its recuperation) or for purposes relating to the adoption of a child.
    We have been asked to clarify how an employee may repay advanced 
leave. We propose to add paragraph (d) to Sec.  630.210 to clarify that 
an employee may liquidate a debt for advanced leave through the 
retroactive substitution of paid leave or through a cash payment that 
equals the amount paid to the employee for the period of advanced 
leave. In addition, we are proposing to add a definition of advanced 
leave to Sec.  630.201 to clarify that advance of annual or sick leave 
is left to the discretion of the employing agency.

Leave for Bone-Marrow and Organ Donation

    Section 629 of Public Law 103-329, the Treasury, Postal Service and 
General Government Appropriations Act for fiscal year 1995, added 
section 6327 to title 5, United States Code, to provide employees with 
an entitlement of up to 7 days of paid leave each calendar year (in 
addition to annual and sick leave) to serve as a bone-marrow or organ 
donor. The law provides that an employee is entitled to use this leave 
without loss of or reduction in pay, leave to which otherwise entitled, 
credit for time or service, or performance or efficiency rating. Public 
Law 106-56, the ``Organ Donor Leave Act,'' amended section 6327 to 
increase the amount of paid time off available for Federal employees to 
serve as organ donors from 7 days to 30 days each calendar year. The 
amount of leave available for bone-marrow donation remains at 7 days 
each calendar year under 5 U.S.C. 6327.
    We have been asked how these ``days'' of leave should be charged 
for a full-time employee who works other than 8-hour days (e.g., an 
employee on a flexible or compressed work schedule) or for a part-time 
employee or an employee who has an uncommon tour of duty. We are 
proposing the addition of 5 CFR 630.215 to make clear that a full-time 
(80-hour per pay period) employee is entitled to 56 hours (7 days) of 
leave each calendar year for bone-marrow donation purposes and 240 
hours (30 days) of leave each calendar year to serve as an organ donor. 
These amounts are prorated for part-time employees and employees on 
uncommon tours of duty. In addition, we have been asked whether bone-
marrow or organ donation leave is appropriate for absences related to 
compatibility testing that does not ultimately result in the employee's 
actual donation. The legislative history of Public Law 103-329 makes 
clear that this legislation was enacted in an effort to encourage 
Federal employees to be tested for and participate in bone-marrow and 
organ donation programs. It was hoped that giving time off for testing 
would increase the pool of possible donors and the chances of finding a 
match for someone in need of a transplant. Therefore, proposed Sec.  
630.215 states that the employee is entitled to this leave for 
compatibility testing purposes even if he or she ultimately does not 
become a bone-marrow or organ donor.
    We are also proposing to add a final paragraph establishing OPM's 
authority to make future determinations that other medical procedures 
are sufficiently similar to bone-marrow or organ donation to permit the 
use of bone-marrow or organ donor leave for those purposes. For 
example, we believe that peripheral blood stem cell donation is 
sufficiently similar to bone-marrow donation in the commitment required 
from an individual in the time needed for testing and actual donation 
to warrant granting of bone-marrow donor leave. We believe that similar 
medical procedures may be developed that will allow more Federal 
employees to become part of the donation process and that it is within 
the spirit of the legislation creating this program to grant OPM the 
flexibility to approve the future use of bone-marrow or organ donor 
leave for such donations.

Restoration of Annual Leave

    Section 6304(d), of title 5, United States Code, provides that 
annual leave in excess of the maximum limitations that is forfeited as 
a result of exigencies of the public business or sickness of the 
employee must have been scheduled in advance to be eligible for 
restoration. Current 5 CFR 630.308(a) provides that such annual leave 
must have been scheduled in writing before the start of the third 
biweekly pay period prior to the end of the leave year. In the interest 
of clarity and simplicity, OPM is proposing to provide that such annual 
leave may be considered for restoration if the leave is scheduled in 
writing before November 15 of each leave year. (See new Sec.  
630.304(a).) Specifying a single, uniform date greatly simplifies the 
process for both employees and agencies.

Accrual and Use of Sick Leave

    We are proposing to add 5 CFR 630.205 to clarify the accrual rates 
of sick leave for part-time employees. In addition, we are proposing to 
modify Sec.  630.401 to remove the requirement that an employee must 
maintain 80 hours of sick leave in his or her sick leave account in 
order to use more than 40 hours of his or her sick leave for family 
care or bereavement purposes. Removing the 80-hour sick leave balance 
requirement greatly simplifies the administration of this policy and 
eliminates the need for manual recordkeeping of employee sick leave 
balances. Employees are responsible for managing their use of sick 
leave to ensure that they retain enough sick leave for personal needs. 
An employee would continue to be limited to 13 days of sick leave each 
leave year for general family care and bereavement purposes and a 
maximum of 12 weeks of sick leave each leave year to care for a family 
member with a serious health condition. In addition, removing the 80-
hour sick leave balance requirement would permit agencies to advance up 
to 30 days of sick leave to an employee so that he or she may care for 
a family member with a ``serious disability or ailment.''
    We are also proposing to modify Sec.  630.403(b) to establish a 
Governmentwide policy on the time limit for the receipt of medical 
documentation for an employee's use of sick leave. The proposed 
regulation states that an employee must provide the written medical 
certification required by the agency for use of sick leave under Sec.  
630.401, signed by the health care provider, no later than 15 calendar 
days after the date his or her agency requests such medical

[[Page 1074]]

certification. This will ensure that all employees are treated 
equitably and aid in establishing standardized Governmentwide pay and 
leave policies. We have also defined ``healthcare provider'' at Sec.  
630.201 as well as 630.903 (Voluntary Leave Transfer Program) and 
630.1003 (Voluntary Leave Ban Program), using the definition currently 
used in the Family and Medical Leave regulations at Sec.  630.1204, so 
that the term is used consistently throughout part 630.

Recredit of Leave

    OPM has received inquiries from agencies and employees concerning 
the transfer of annual and sick leave balances when an employee 
transfers from a position in the U.S. Postal Service to a position 
covered by chapter 63 of title 5, United States Code. We propose to add 
5 CFR 630.502(b) and 630.503(d) to state that an individual who 
transfers from the U.S. Postal Service to a position covered by chapter 
63 is entitled to have his or her annual and sick leave transferred to 
the new agency. This is consistent with section 1005(f) of Public Law 
91-375, August 12, 1970, which permits the continuation of leave 
benefits provided in chapter 63 to Postal Service employees unless 
specifically changed by the U.S. Postal Service.
    The maximum amount of annual leave that may be transferred from the 
U.S. Postal Service to the new agency may not exceed the maximum annual 
leave limitation allowed for the employee's former position in the U.S. 
Postal Service. If the amount of annual leave transferred exceeds the 
maximum annual leave accumulation limitations in 5 U.S.C. 6304(a), (b), 
or (f), as applicable, the agency must establish a personal leave 
ceiling for the employee, subject to reduction in the same manner as 
provided in 5 U.S.C. 6304(c) until the employee's accumulated annual 
leave is equivalent to or less than the maximum limitation for the new 
position.
    Under 5 U.S.C. 6301, employees of the Congress are not covered by 
the Federal leave system established under 5 U.S.C. chapter 63. 
Therefore, leave earned as an employee of the Congress cannot be 
transferred to a position in an executive agency. We are proposing to 
add paragraph (c) to Sec.  630.502 and paragraph (e) to Sec.  630.503 
to clarify that employees of the House or Senate, or both, may not have 
annual leave or sick leave transferred to an executive branch agency.

Application To Become a Leave Recipient Under the Leave Transfer/Leave 
Bank Programs

    Agencies have asked whether they may establish a time limit for 
accepting an application to become a leave recipient from an employee 
who was affected by a medical emergency that has since terminated 
(e.g., for the birth of a child that occurred in a previous year). We 
are proposing to revise 5 CFR 630.906(a) and 630.1010(b) to clarify 
that agencies may designate a time period during which employees must 
submit an application to become a leave recipient under the voluntary 
leave transfer or leave bank programs if the employee was unable to 
submit the application before the medical emergency terminated. 
(Agencies and employees may download forms for donating or requesting 
annual leave from OPM's Web site at http://www.opm.gov/FORMS/html/opm.asp.)
    Agencies have also questioned whether they must allow an employee 
to use transferred annual leave indefinitely when there is a need to 
fill the employee's position and there is little or no likelihood that 
the employee will return to work. Agencies have discretion to approve 
or disapprove an employee's requests to use donated annual leave and 
the use of donated leave should be treated in the same manner as the 
use of accrued annual leave. Participation in the leave transfer 
program was not meant to be a substitute for disability retirement. If 
there is little likelihood that an employee will be able to return to 
work, either because of his or her own medical emergency or that of a 
family member, we do not believe the agency should be obligated to 
carry the employee in a transferred leave status indefinitely. In 
addition, a decision by the United States Court of Appeals, Federal 
Circuit, affirmed an agency's authority to deny the use of donated 
leave when there is little likelihood that the employee will return to 
Federal service. (See F. Paul Jones v. Department of Transportation, 
295 F. 3d 1298 (Fed.Cir. 2002).) Therefore, we are proposing to add new 
Sec. Sec.  630.914(f) and 630.1012(f) to provide that an agency may 
choose to establish a maximum period of time, not less than 6 months, 
during which an employee may remain a qualified leave recipient for any 
particular medical emergency. When the applicant is approved for leave 
transfer, the agency is required to notify him or her in writing of the 
maximum period of time during which he or she may continue to be an 
approved leave recipient, if the agency has chosen to establish such a 
time limit.

Definition of a Medical Emergency Under the Leave Transfer/Leave Bank 
Programs

    In response to agency requests for assistance in recognizing what 
constitutes a medical emergency under the voluntary leave transfer and 
leave bank programs, we are proposing to clarify the definition of 
medical emergency in 5 CFR 630.903. We are proposing to define a 
medical emergency as a serious health condition as that term is defined 
in Sec.  630.1204 (Family and Medical Leave) that affects an employee 
or a family member of such employee and is likely to require the 
employee's absence from duty for a prolonged period of time and to 
result in a substantial loss of income to the employee because of the 
unavailability of paid leave. We are also adding the definition of 
transferred leave to Sec.  630.903.

Annual Leave That May Be Donated

    We have received questions from agencies on whether employees may 
donate restored annual leave or annual leave that has been advanced 
under the voluntary leave transfer and leave bank programs. We are 
proposing to clarify in new 5 CFR 630.910(a) and 630.1008(a) that an 
employee may donate his or her accrued annual leave, including annual 
leave restored under 5 U.S.C. 6304(d) and 5595(b)(1)(B)(i) (back pay), 
but excluding annual leave advanced to an employee under 5 U.S.C. 
6302(d).
    An agency also asked whether a Presidential appointee whose annual 
leave is being held in abeyance under 5 U.S.C. 5551(b) may donate that 
leave to another employee. We are proposing to add Sec.  630.910(b) to 
permit an employee to donate the leave held in abeyance as long as the 
leave was earned under 5 U.S.C. chapter 63. In addition, we are 
proposing to limit in new Sec.  630.912(c) the amount of annual leave a 
leave donor who is no longer covered by chapter 63 may donate to no 
more than one-half the amount of annual leave he or she was entitled to 
accrue in the last leave year the donor was covered by chapter 63. An 
agency may waive this limitation in the same manner that current 
limitations on donated leave may be waived under the voluntary leave 
transfer and leave bank programs.

Use of Donated Annual Leave

    Agencies have questioned whether a leave recipient may use donated 
annual leave for a purpose other than that for which the leave was 
donated--e.g., to care for a different family member. We

[[Page 1075]]

have also received questions about whether an employee on leave 
restriction continues to be subject to the conditions of the 
restriction notice when using donated annual leave.
    We have added language to proposed Sec. Sec.  630.914 and 630.1012 
to clarify that donated leave may be used only for the particular 
medical emergency for which it is donated. In addition, these sections 
would make it clear that an employee on an official notice of leave 
restriction continues to be subject to the terms and conditions of the 
leave restriction notice when requesting and using donated leave.

Accrual of Annual and Sick Leave While Using Donated Leave

    Some agency officials have expressed confusion regarding the 
statutory requirement in 5 U.S.C. 6337 to establish separate ``set-
aside'' accounts for leave recipients using donated leave under the 
voluntary leave transfer and leave bank programs. Section 6337(b)(1)(A) 
and (B) provide that the maximum amount of annual or sick leave which 
may be accrued by an employee while using donated leave ``in connection 
with any particular emergency'' may not exceed 5 days (i.e., 40 hours 
of annual leave and 40 hours of sick leave). Therefore, we propose to 
revise 5 CFR 630.916 to clarify that ``set-aside'' leave accrual is 
limited to 40 hours of annual leave and 40 hours of sick leave for each 
medical emergency. If a leave recipient gains the use of leave in his 
or her set-aside accounts, as provided in Sec.  630.917, before he or 
she reaches the 40-hour limit, the recipient, in the event of receiving 
more donated leave, continues to accrue leave in the set-aside account 
until the total amount accrued during the particular medical emergency 
has reached 40 hours of annual leave and 40 hours of sick leave. Once 
the employee uses all of the 40 hours of annual leave and 40 hours of 
sick leave allowable in the set-aside account, the set-aside account is 
terminated and no more leave may be accrued by the employee while using 
donated leave for that particular emergency.
    In addition, we propose to revise Sec.  630.918 to clarify that 
when a leave recipient's employing agency advances leave at the 
beginning of the leave year and 40 hours of that advanced leave are 
placed in a set-aside account, the employee may accrue leave while 
using donated leave only to the extent necessary to liquidate the debt 
incurred by placing that advanced leave in the set-aside account.
    The rules concerning set-aside accounts under the leave bank 
program are identical to those for the leave transfer program, and the 
maximum accruals allowed under 5 U.S.C. 6337 apply to the total leave 
accrued under both the leave transfer and leave bank programs. 
Therefore, we propose to remove the instructions for set-aside accounts 
under the leave bank program at current Sec.  630.1008. Instead, new 
Sec.  630.1013 refers the reader to the applicable sections of the 
leave transfer regulations at Sec. Sec.  630.915 through 630.919.

Inclusion of ``Excepted Agencies'' in the Leave Transfer Program

    New section 322 of Public Law 107-307 (November 27, 2002) revised 
5. U.S.C. 6339 to add a new paragraph (c)(1) which provides that the 
head of an excepted agency may establish a program under which an 
individual employed in or under an excepted agency may participate in a 
leave transfer program. Under the provisions of section 322, a 
previously excluded agency may now establish a voluntary leave transfer 
program. The new provisions also provide previously excluded agencies 
with the authority to establish procedures for administering a leave 
transfer program, consistent with OPM's regulations governing the 
administration of the Voluntary Leave Transfer Program.
    We have added Sec.  630.922(a) to make it clear that the head of an 
excepted agency may establish a program under which an individual 
employed in or under such excepted agency may participate in the leave 
transfer program under subpart I, including provisions permitting the 
transfer of annual leave accrued or accumulated by such employee to, or 
permitting such employee to receive transferred leave from, an employee 
of any other agency (including another excepted agency). In addition, 
we have added Sec.  630.922(b) to clarify that an excepted agency's 
policy may include provisions that protect the anonymity of its 
employees. Other agencies (including other excepted agencies that 
choose to participate in the leave transfer program) must accept leave 
from such an excepted agency, regardless of whether the donating 
employee is identified.

Records and Reports

    We are proposing to delete the reporting requirement at 5 CFR 
610.122(c) concerning variations in work schedules for educational 
purposes. In addition, we are proposing to delete the reporting 
requirement currently in Sec.  630.211(d). The responsibility to make 
decisions on excluding certain Presidential appointees from entitlement 
to annual and sick leave consistent with requirements and criteria in 
Sec.  630.211 has been delegated to the heads of agencies, and we no 
longer require reports on these exclusions. The agency must continue to 
maintain records of exclusions or revocations of exclusions.
    We are proposing to remove the reporting requirements in current 
Sec.  630.408 and to reduce the amount of information that agencies 
must maintain on the use of sick leave for family care purposes. 
Agencies would be required to maintain records sufficient to ensure 
that employees do not exceed their entitlement to sick leave for family 
care purposes.
    We are proposing to delete the reporting requirements currently in 
Sec. Sec.  630.913 and 630.1012 on the voluntary leave transfer and 
leave bank programs. Agencies would be required to maintain sufficient 
records to permit the transfer of donated leave when a leave recipient 
transfers to a new agency.
    We are also proposing to remove the reporting requirements for 
family and medical leave currently in Sec.  630.1211. Agencies would be 
required to maintain sufficient records to ensure that employees do not 
exceed their entitlement to family and medical leave.

Miscellaneous

    We are proposing to revise Sec.  630.101 to affirm OPM's authority 
to administer Governmentwide leave policies and procedures. We are also 
proposing to delete Sec.  630.407(b) concerning the holiday premium pay 
entitlement of an employee on a compressed work schedule. This section 
was numbered in error and the information is properly found in current 
Sec.  610.407(b).
    We are also proposing to delete Sec.  630.203 which gives 
instructions for earning leave in other than biweekly pay periods, 
since we have been assured by the Government's payroll providers that 
there are no longer any employees to which such procedures would apply. 
We are proposing to delete the procedures currently in Sec.  630.409 
for the retroactive substitution of sick leave for annual leave used 
for adoption related purposes between September 1991 and September 
1994. The time limit for retroactive substitution under this section 
expired on September 30, 1996, making this information obsolete.
    We are also proposing to delete current Sec. Sec.  630.301(d)(1), 
(d)(2), and (e) concerning the treatment of members of the Senior 
Executive Service (SES) in 1994 when SES leave ceilings were first 
established. Similarly, we are proposing to delete Sec.  630.309, which 
dealt with the

[[Page 1076]]

treatment of Y2K essential personnel during the leave years 1999 and 
2000.
    We are also proposing to delete subpart M of part 630, the 
Reservist Leave Bank, since these regulations now are obsolete. These 
regulations implemented section 331 of Public Law 102-25, the 
Department of Defense Desert Storm Supplemental Authorization and 
Military Personnel Benefits Act for Fiscal Year 1991, April 6, 1991. 
The regulations established a leave bank to provide time off for 
Federal civilian employees returning from active military duty in 
Operation Desert Storm and Operation Desert Shield in 1991. OPM 
collected annual leave donations and divided the total amount 
contributed among all eligible returnees in 1991.
    In addition, we are proposing to delete the prohibitions against 
coercion in the voluntary leave transfer and leave bank programs 
currently in Sec. Sec.  630.912 and 630.1011, since these sections are 
restatements of the law at 5 U.S.C. 6338 and 6370. Similarly, we 
propose to delete paragraphs (c) and (d) currently in Sec.  630.1208 
concerning employee protections under the Family and Medical Leave Act, 
since these also are restatements of the law at 5 U.S.C. 6384(c). 
Finally, we propose to revise the procedures in current Sec.  630.1108 
for recrediting unused annual leave donated to the donors under the 
emergency leave transfer program. New Sec.  630.1120 would eliminate 
the requirement to return unused leave to the donors if the number of 
hours of unused leave is less than the number of eligible donors. This 
provision would simplify the administration of the emergency leave 
transfer program and make its administration consistent with the 
procedures for the voluntary leave transfer program at Sec.  630.921.

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 would not have a significant 
economic impact on a substantial number of small entities because they 
would apply only to Federal agencies and employees.

List of Subjects in 5 CFR Parts 353, 530, 531, 550, 551, 575, 610, 
and 630

    Administrative practice and procedure, Claims, Government 
employees, Holidays, Law enforcement officers, Reporting and 
recordkeeping requirements, Wages.

U.S. Office of Personnel Management.
Kay Coles James,
Director.
    Accordingly, OPM is proposing to amend 5 CFR parts 353, 530, 531, 
550, 575, 610, and 630 to read as follows:

PART 353--RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE 
INJURY

    1. The authority citation for part 353 continues to read as 
follows:

    Authority: 38 U.S.C. 4301 et seq., and 5 U.S.C. 8151.

Subpart B--Uniformed Service

    2. Section 353.208 is revised to read as follows:


Sec.  353.208  Use of paid leave during uniformed service.

    An employee performing service with the uniformed services must be 
permitted, upon request, to use any accrued annual leave or military 
leave during such service.

PART 530--PAY RATES AND SYSTEMS (GENERAL)

    3. The authority citation for part 530 continues to read as 
follows:

    Authority: 5 U.S.C. 5305 and 5307; E.O. 12748, 56 FR 4521, 3 
CFR, 1991 Comp., p. 316; Subpart B also issued under secs. 302(c) 
and 404(c) of the Federal Employees Pay Comparability Act of 1990 
(Pub. L. 101-509), 104 Stat. 1462 and 1466, respectively; Subpart C 
also issued under sec. 4 of the Performance Management and 
Recognition System Termination Act of 1993 (Pub. L. 103-89), 107 
Stat. 981.

Subpart C--Special Salary Rate Schedules for Recruitment and 
Retention

    4. In Sec.  530.303, paragraph (i) is revised to read as follows:


Sec.  530.303  Establishing and adjusting special salary rate 
schedules.

* * * * *
    (i) The determination as to whether an employee is covered by a 
special salary rate schedule must be based on the employee's position 
of record and the official duty station for that position as those 
terms are defined in 5 CFR 531.602.

PART 531--PAY UNDER THE GENERAL SCHEDULE

    5. The authority citation for part 531 continues to read as 
follows:

    Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103-
89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 
316.

    Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and 
7701(b)(2);
    Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; 
sections 302 and 404 of the Federal Employees Pay Comparability Act 
(FEPCA), Pub. L. 101-509, 104 Stat. 1462 and 1466; and section 3(7) 
of Pub. L. 102-378, 106 Stat. 1356;
    Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
    Subpart E also issued under 5 U.S.C. 5336;
    Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553; 
and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 
13106, 63 FR 68151; 3 CFR 1998 Comp., p. 224;
    Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553; 
section 302 of FEPCA, Pub. L. 101-509, 104 Stat. 1462; and E.O. 
12786, 56 FR 67453, 3 CFR, 1991 Comp., p. 376.

Subpart C--Special Pay Adjustments for Law Enforcement Officers

    6. In Sec.  531.301 the definition of position of record is added 
in alphabetical order, and the definition of official duty station is 
revised to read as follows:


Sec.  531.301  Definitions.

* * * * *
    Official duty station means the duty station for the law 
enforcement officer's position of record where the officer performs his 
or her duties as determined by the requirements in Sec.  531.605.
    Position of record has the same meaning given that term in Sec.  
531.602.
* * * * *

Subpart F--Locality-Based Comparability Payments

    7. In Sec.  531.602 the definition of official duty station is 
revised, and the definitions of position of record, telework, and 
telework arrangement are added in alphabetical order to read as 
follows:


Sec.  531.602  Definitions.

    In this subpart:
* * * * *
    Official duty station means the location of the employee's position 
of record where he or she performs more of his or her duties as 
determined by the requirements in Sec.  531.605.
    Position of record means an employee's official position (defined 
by employing agency, grade, occupational series, and position duties) 
as documented on the employee's most recent notification of personnel 
action and the current position description. This excludes any position 
to which an employee is temporarily detailed without a change in the 
official position. For an employee whose change in his or her official 
position is followed within 3 workdays by a reduction in force

[[Page 1077]]

resulting in the employee's separation before he or she is required to 
report for duty in the new position, the position of record in effect 
immediately before the position change is deemed to remain the position 
of record through the date of separation.
* * * * *
    Telework means work performed by an employee at an alternative work 
site instead of the location of the employee's assigned organization. 
Alternative work sites may include the employee's home, telecenter, 
satellite office, field installation or other location.
    Telework arrangement means a formal oral or written agreement 
between a supervisor and employee to permit an employee to work at an 
alternative work site (i.e., telework) instead of the location of the 
employee's assigned organization.


Sec. Sec.  531.605, 531.606, 531.607  [Redesignated]

    8. Sections 531.605, 531.606, and 531.607 are redesignated as 
Sec. Sec.  531.606, 531.607, and 531.608, respectively, and a new Sec.  
531.605 is added to read as follows:


Sec.  531.605  Determining an employee's official duty station.

    (a) Except as otherwise provided in this section, the official duty 
station is the location of the employee's position of record where the 
employee regularly performs his or her duties or, if his or her work 
involves regular travel, where his or her work activities are based, as 
determined by the employing agency. An agency must document an 
employee's official duty station on an employee's notification of 
personnel action (Standard Form 50 or equivalent).
    (b) For an employee who is relocated and authorized to receive 
relocation expenses under 5 U.S.C. chapter 57, subchapter II (or 
similar authority), the official duty station is the established work 
site in the area to which the employee has been relocated. This 
includes employees authorized to receive relocation expenses under 5 
U.S.C. 5737 in connection with an extended assignment resulting in a 
temporary change of station, in which case the duty station associated 
with the extended assignment is the official duty station. (See 41 CFR 
part 302-1.1.)
    (c) For an employee whose assignment to a new duty station is 
followed within 3 workdays by a reduction in force resulting in the 
employee's separation before he or she is required to report for duty 
at the new location, the official duty station in effect immediately 
before the assignment remains the official duty station through the 
date of separation.
    (d) For an employee who is under a telework agreement, the official 
duty station must be the location of the employee's telework site 
unless the employee is scheduled (while in duty status) to report at 
least once a week to the regular work site for the employee's position 
of record, in which case the regular work site is the official duty 
station. Agencies may make temporary exceptions to this requirement in 
appropriate situations, such as when an employee is recovering from an 
injury or medical condition that prevents the employee from commuting 
to the regular work site. Agencies must determine a telework employee's 
official duty station on a case-by-case basis.

PART 550--PAY ADMINISTRATION (GENERAL)

Subpart A--Premium Pay

    9. The authority citation for subpart A continues to read as 
follows:

    Authority: 5 U.S.C. 5304 note, 5305 note, 5541(2)(iv), 
5545a(h)(2)(B) and (i), 5547(b) and (c), 5548, and 6101(c); sections 
407 and 2316, Pub. L. 105-277, 112 Stat. 2681-101 and 2681-828 (5 
U.S.C. 5545a); E.O. 12748, 3 CFR, 1992 Comp., p. 316.

    10. In Sec.  550.114, paragraph (d) is revised, paragraph (e) is 
redesignated as paragraph (f) and a new paragraph (e) is added to read 
as follows:


Sec.  550.114  Compensatory time off.

* * * * *
    (d) Except as provided in paragraph (e)(2) of this section, an 
employee must use accrued compensatory time off to which he is entitled 
under paragraph (a) or (b) of this section by the end of the 26th pay 
period after the pay period during which it was credited. Compensatory 
time off to an employee's credit as of [insert effective date of final 
regulations] must be used by the end of the 26th pay period following 
[insert effective date of final regulations]. The head of an agency, at 
his or her sole and exclusive discretion, may provide that an employee 
who fails to take compensatory time off to which he is entitled within 
26 pay periods after the pay period during which it was credited must--
    (1) Receive payment for such unused compensatory time off at the 
dollar value prescribed in paragraph (f) of this section; or
    (2) Forfeit the unused compensatory time off, unless the failure to 
take the compensatory time off is due to an exigency of the service 
beyond the employee's control, in which case the agency head must 
provide payment for the unused compensatory time off at the dollar 
value prescribed in paragraph (f) of this section.
    (e)(1) Except as provided in paragraph (e)(2) of this section, an 
employee with unused compensatory time off under paragraph (a) or (b) 
of this section who transfers to another agency or separates from 
Federal service before the expiration of the time limit established 
under paragraph (d) of this section may receive overtime pay or forfeit 
the unused compensatory time off, consistent with the employing 
agency's policy established under paragraph (d) of this section.
    (2) If an employee with unused compensatory time off under 
paragraph (a) or (b) of this section separates from Federal service or 
is placed in a leave without pay status under the following 
circumstances, the employee must be paid for unused compensatory time 
off at the dollar value prescribed in paragraph (f) of this section:
    (i) The employee separates or is placed in a leave without pay 
status to perform service in the uniformed services (as defined in 38 
U.S.C. 4303 and 5 CFR 353.102); or
    (ii) The employee separates or is placed in a leave without pay 
status because of an on-the-job injury with entitlement to injury 
compensation under 5 U.S.C. chapter 81.
* * * * *

Subpart J--Compensatory Time Off for Religious Observances

    11. Subpart J is revised to read as follows:
550.1001 Purpose.
550.1002 Definitions.
550.1003 Agency requirements.
550.1004 Time limits.
550.1005 Limits on the amount of earned compensatory time off an 
employee may accumulate.
550.1006 Crediting and recording of compensatory time off.
550.1007 Premium pay and compensatory overtime work.
550.1008 Transfer or separation of an employee with a positive or 
negative balance of compensatory time off for religious observances.

    Authority: 5 U.S.C. 5550a.

Subpart J--Compensatory Time Off for Religious Observances


Sec.  550.1001  Purpose.

    This subpart contains OPM regulations implementing 5 U.S.C. 5550a, 
which allows employees to earn and use compensatory time off to modify 
work schedules to satisfy religious obligations to abstain from work. 
When an employee has personal

[[Page 1078]]

religious beliefs that require him or her to abstain from work during 
the employee's scheduled tour of duty established for leave purposes, 
the employee may be granted time off to meet those religious 
requirements. The employee earns this time off by performing an equal 
amount of compensatory overtime work at another time.


Sec.  550.1002  Definitions.

    In this subpart:
    Agency means an Executive agency as defined in 5 U.S.C. 105.
    Employee means an employee who satisfies the definition of that 
term in 5 U.S.C. 2105.
    Rate of basic pay means the rate of pay fixed by law or 
administrative action for the position held by the employee, including 
the following types of pay, as applicable, but not including any other 
additional pay of any kind:
    (1) A locality payment under 5 U.S.C. 5304 or similar geographic-
based payment under another authority (provided that the similar 
payment is creditable as part of basic pay for retirement purposes);
    (2) A special pay adjustment for law enforcement officers under 
section 404 of the Federal Employees Pay Comparability Act of 1990 
(Public Law 101-509); and
    (3) A continued rate adjustment under 5 CFR part 531, subpart G.
    Scheduled tour of duty for leave purposes means an employee's 
regular hours for which he or she may be charged leave under 5 CFR part 
630 when absent. For full-time employees, it is the 40-hour basic 
workweek as defined in 5 CFR 610.102. For employees with an uncommon 
tour of duty as defined in 5 CFR 630.201, it is the uncommon tour of 
duty.


Sec.  550.1003  Agency requirements.

    An agency must grant an employee's request to take time off to meet 
religious requirements to abstain from work and to work compensatory 
overtime unless granting the request would interfere with the efficient 
accomplishment of the agency's mission. An agency may require an 
employee requesting time off under these provisions to submit written 
requests for an adjusted schedule in advance and to provide acceptable 
written documentation of the employee's religious requirement to 
abstain from work.


Sec.  550.1004  Time limits.

    (a) The employee may perform compensatory overtime work before or 
after using the compensatory time off for religious observances, 
subject to agency approval. The agency must take into account its 
mission requirements and operational efficiencies in determining when 
to schedule compensatory overtime work.
    (b) When an agency grants advanced compensatory time off for 
religious observances to an employee, the agency must require that the 
employee perform the required amount of compensatory overtime work 
within 3 pay periods. If the employee fails to perform compensatory 
overtime work within 3 pay periods, the agency must charge the employee 
annual leave to eliminate the negative balance, even if this results in 
a negative annual leave balance.


Sec.  550.1005  Limits on the amount of earned compensatory time off an 
employee may accumulate.

    An agency may allow an employee to accumulate only the number of 
hours of earned compensatory time off (based on the performance of 
compensatory overtime work) needed to make up for previous approved 
absences or anticipated absences for specific religious observances.


Sec.  550.1006  Crediting and recording of compensatory time off.

    The agency must credit an employee with compensatory time off for 
performing compensatory overtime work on an hour-for-hour basis. The 
agency may authorize credit in increments of one-tenth of an hour (6 
minutes) or one-quarter of an hour (15 minutes). The agency must keep 
appropriate records of the compensatory time off each employee earns 
and uses.


Sec.  550.1007  Premium pay and compensatory overtime work.

    The overtime hours worked to earn compensatory time off under this 
subpart do not create any entitlement to premium pay (including 
overtime pay) under 5 CFR part 550, subpart A, or overtime pay under 5 
CFR part 551. Earned compensatory time off for religious observances is 
not considered in applying the premium pay limitations described in 5 
CFR 550.105, 550.106, and 550.107.


Sec.  550.1008  Transfer or separation of an employee with a positive 
or negative balance of compensatory time off for religious observances.

    (a) If an employee separates from Federal service or transfers to 
another agency, the losing agency must compensate the employee for any 
positive amount of earned compensatory time off to his or her credit. 
The agency must pay the employee for hours of earned compensatory time 
off for religious observances at the hourly rate of basic pay in effect 
when the extra hours of work were performed.
    (b) If an employee separates from Federal service or transfers to 
another agency and owes the losing agency for used compensatory time 
off that was advanced and not yet repaid through compensatory overtime 
work, the losing agency must reduce the employee's annual leave balance 
by the amount of the negative balance of hours to the extent possible. 
If the negative balance cannot be eliminated by adjusting the 
employee's annual leave balance, the employee owes a monetary debt to 
the agency for any remaining hours of advanced compensatory time off. 
The hours must be valued using the hourly rate of basic pay in effect 
at the time the hours of religious compensatory time off were used.
    (c) For purposes of applying paragraphs (a) and (b) of this 
section, an hourly rate of basic pay is computed by dividing the annual 
rate of basic pay by 2087 hours (or 2756 hours for firefighter hours 
subject to that divisor under subpart F of this part).

Subpart L--Lump-Sum Payment for Accumulated and Accrued Annual 
Leave

    12. The authority citation for subpart L continues to read as 
follows:

    Authority: 5 U.S.C. 5553, 6306, and 6311.
    13. In Sec.  550.1205, revise paragraph (b)(5)(i) to read as 
follows:


Sec.  550.1205  Calculating a lump-sum payment.

* * * * *
    (b) * * *
    (5) * * *
    (i) Night differential under 5 U.S.C. 5343(f) at the applicable 
percentage rate received by a prevailing rate employee for all 
regularly scheduled periods of night shift duty covered by the unused 
annual leave as if the employee had continued to work beyond the 
effective date of separation, death, or transfer. In the case of an 
employee who is assigned to a regular rotating schedule involving work 
on both day and night shifts, the night differential is payable for 
that portion of the lump-sum period that would have occurred when the 
employee was scheduled to work night shifts.
* * * * *

PART 551--PAY ADMINISTRATION UNDER THE FAIR LABOR STANDARDS ACT

    14. The authority citation for part 551 continues to read as 
follows:


[[Page 1079]]


    Authority: 5 U.S.C. 5542(c); Sec. 4(f) of the Fair Labor 
Standards Act of 1938, as amended by Pub. L. 93-259, 88 Stat. 55 (29 
U.S.C. 204f).

Subpart E--Overtime Pay Provisions

    15. In Sec.  551.531, paragraph (d) is revised, paragraph (e) is 
redesignated as paragraph (f) and a new paragraph (e) is added to read 
as follows:


Sec.  551.531  Compensatory time off.

* * * * *
    (d) If compensatory time off earned under paragraph (a) or (b) of 
this section is not taken within 26 pay periods or if the employee 
separates before using the compensatory time, the employee must be paid 
for overtime work at the dollar value prescribed in paragraph (f) of 
this section. Compensatory time off to an employee's credit as of 
[insert effective date of final regulations] must be used by the end of 
the 26th pay period following [insert effective date of final 
regulations].
    (e) If an employee with unused compensatory time off under 
paragraph (a) or (b) of this section is placed in a leave without pay 
status under the following circumstances, the employee must be paid for 
overtime work at the overtime rate at the dollar value prescribed in 
paragraph (f) of this section:
    (1) The employee is placed in a leave without pay status to perform 
service in the uniformed services (as defined in 38 U.S.C. 4303 and 5 
CFR 353.102); or
    (2) The employee is placed in a leave without pay status because of 
an on-the-job injury with entitlement to injury compensation under 5 
U.S.C. chapter 81.
* * * * *

PART 575--RECRUITMENT AND RELOCATION BONUSES; RETENTION ALLOWANCES; 
SUPERVISORY DIFFERENTIALS

    16. The authority citation for part 575 continues to read as 
follows:

    Authority: 5 U.S.C. 1104(a)(2), 5753, 5754, and 5755; secs. 302 
and 404 of the Federal Employees Pay Comparability Act of 1990 
(FEPCA) (Pub. L. 101-509), 104 Stat. 1462 and 1466, respectively; 
E.O. 12748, 3 CFR, 1992 Comp., p. 316.

Subpart A--Recruitment Bonuses

    17. In Sec.  575.103, the definition of rate of basic pay is 
revised to read as follows:


Sec.  575.103  Definitions.

* * * * *
    Rate of basic pay means the rate of pay fixed by law or 
administrative action for the position to which the employee is or will 
be newly appointed before deductions and exclusive of additional pay of 
any kind, such as locality-based comparability payments under 5 U.S.C. 
5304, special pay adjustments for law enforcement officers under 
section 404 of the Federal Employees Pay Comparability Act of 1990 
(Pub. L. 101-509), night shift differentials under 5 U.S.C. 5343(f), or 
environmental differentials under 5 U.S.C. 5343(c)(4).
* * * * *

Subpart B--Relocation Bonuses

    18. In Sec.  575.203, the definition of rate of basic pay is 
revised to read as follows:


Sec.  575.203  Definitions.

* * * * *
    Rate of basic pay means the rate of pay fixed by law or 
administrative action for the position to which the employee is being 
relocated or, in the case of an employee who is entitled to grade or 
pay retention, the employee's retained rate of pay, before deductions 
and exclusive of additional pay of any kind, such as locality-based 
comparability payments under 5 U.S.C. 5304, special pay adjustments for 
law enforcement officers under section 404 of the Federal Employees Pay 
Comparability Act of 1990 (Pub. L. 101-509), night shift differentials 
under 5 U.S.C. 5343(f), or environmental differentials under 5 U.S.C. 
5343(c)(4).
* * * * *

Subpart C--Retention Allowances

    19. In Sec.  575.303, the definition of rate of basic pay is 
revised to read as follows:


Sec.  575.303  Definitions.

* * * * *
    Rate of basic pay means the rate of pay fixed by law or 
administrative action for the position held by the employee or, in the 
case of an employee who is entitled to grade or pay retention, the 
employee's retained rate of pay, before deductions and exclusive of 
additional pay of any kind, such as locality-based comparability 
payments under 5 U.S.C. 5304, special pay adjustments for law 
enforcement officers under section 404 of the Federal Employees Pay 
Comparability Act of 1990 (Pub. L. 101-509), night shift differentials 
under 5 U.S.C. 5343(f), or environmental differentials under 5 U.S.C. 
5343(c)(4).
    20. Part 610 is revised to read as follows:

PART 610--HOURS OF WORK

Subpart A--Weekly and Daily Scheduling of Work
Sec.
610.101 Coverage.
610.102 Definitions.

Workweeks

610.111 Establishing workweeks.

Work Schedules

610.121 Establishing work schedules.
610.122 Variation for educational purposes.
610.123 Travel outside duty hours.
610.124 Unpaid meal periods.
Subpart B--Holidays
610.201 Definitions
610.202 Entitlement to paid holidays.
601.203 How to determine a holiday.
610.204 Employee in nonpay status immediately preceding or following 
a holiday.
Subpart C--Administrative Dismissal of Daily, Hourly, and Piecework 
Employees
610.301 Purpose.
610.302 Definitions.
610.303 Coverage.
610.304 Use of administrative dismissal.
610.305 Supplemental agency regulations.
Subpart D--Flexible and Compressed Work Schedules

General Provisions

610.401 Purpose.
610.402 Definitions.
610.403 Covered work schedules.
610.404 Time-accounting method.

Flexible Work Schedules

610.411 Overtime hours for employees on flexible work schedules.
610.412 Pay for a holiday for employees on flexible work schedules.
610.413 Holiday premium pay for employees on flexible work 
schedules.
610.414 Credit hours.

Compressed Work Schedules

610.421 Overtime hours for employees on compressed work schedules.
610.422 Pay for a holiday for employees on compressed work 
schedules.
610.423 Holiday premium pay for employees on compressed work 
schedules.

Subpart A--Weekly and Daily Scheduling of Work

    Authority: 5 U.S.C. 6101; sec. 1(1) of E.O. 11228, 3 CFR, 1964-
1965 Comp., p. 317.


Sec.  610.101  Coverage.

    Notwithstanding subpart D of this part, implementing flexible work 
schedules and compressed work schedules established under 5 U.S.C. 
chapter 61, subchapter II, the regulations on the weekly and daily 
scheduling of work in this subpart apply to--

[[Page 1080]]

    (a) Each employee to whom 5 CFR part 550, subpart A, applies; and
    (b) Each employee whose pay is fixed and adjusted from time to time 
under 5 U.S.C. 5343 or 5349 or by a wage board or similar 
administrative authority serving the same purpose.


Sec.  610.102  Definitions.

    In this subpart:
    Administrative workweek means any period of 7 consecutive 24-hour 
periods designated in advance by the head of the agency under 5 U.S.C. 
6101.
    Agency means an executive agency as defined in 5 U.S.C. 105. For 
the purposes of this subpart, a military department as defined in 5 
U.S.C. 102 is treated as a separate agency.
    Authorized agency official means the head of an agency or an 
official who is authorized to act for the head of the agency in the 
matter concerned.
    Basic workweek, for full-time employees, means the 40-hour workweek 
established under Sec.  610.111.
    Employee means an employee of an agency to whom this subpart 
applies, as described in Sec.  610.101.
    Regularly scheduled administrative workweek, for a full-time 
employee, means the period within an administrative workweek, 
established under Sec.  610.111, within which the employee is regularly 
scheduled to work. For a part-time employee, this term means the 
officially prescribed days and hours within an administrative workweek 
during which the employee is regularly scheduled to work.
    Regularly scheduled work means work that is scheduled in advance of 
an administrative workweek under an agency's procedures for 
establishing workweeks in accordance with Sec.  610.111.
    Tour of duty means the hours of a day (a daily tour of duty) and 
the days of an administrative workweek (a weekly tour of duty) that 
constitute an employee's regularly scheduled administrative workweek.
    Unpaid meal period means an approved period of time in a nonpay and 
nonwork status that interrupts a daily tour of duty or a period of 
overtime work for the purpose of permitting employees to eat or engage 
in permitted personal activities.

Workweeks


Sec.  610.111  Establishing workweeks.

    (a)(1) For each full-time employee, an authorized agency official 
must establish the following by a written agency policy statement:
    (i) A basic workweek of 40 hours which does not extend over more 
than 6 of any 7 consecutive days. The written agency policy statement 
must specify the days and hours within the administrative workweek that 
constitute the basic workweek, except as provided in paragraphs (b), 
(c), and (d) of this section.
    (ii) A regularly scheduled administrative workweek that consists of 
the 40-hour basic workweek established under paragraph (a)(1) of this 
section, plus the period of regularly scheduled overtime work, if any, 
required of each employee. The written agency policy statement, for 
leave and premium pay administration purposes, must specify by days and 
hours of each day the periods included in the regularly scheduled 
administrative workweek that do not constitute a part of the basic 
workweek, except as provided in paragraphs (b), (c), and (d) of this 
section.
    (2) The basic workweek and regularly scheduled administrative 
workweek established under paragraph (a)(1) of this section must be 
used for premium pay and leave administration purposes, as appropriate.
    (b) When it is impracticable to prescribe a regular schedule of 
definite hours of work for each workday of a regularly scheduled 
administrative workweek, an authorized agency official may establish 
the first 40 hours of work performed within a period of not more than 6 
days of the administrative workweek as the basic workweek. A first 40-
hour tour of duty is the basic workweek without the requirement for 
specific days and hours within the administrative workweek. All work 
performed by an employee within the first 40 hours is considered 
regularly scheduled work for premium pay and leave administration 
purposes. Any additional hours of officially ordered or approved work 
within the administrative workweek are overtime hours.
    (c) (1) When an employee receives annual premium pay for regularly 
scheduled standby duty under 5 U.S.C. 5545(c)(1), his or her regularly 
scheduled administrative workweek is the total number of regularly 
scheduled hours of duty a week, including on-duty sleep and meal 
periods. (See 5 CFR 550.112(m)(2) and 551.432(e).)
    (2) When an employee has a tour of duty which includes a period 
during which he or she remains at or within the confines of his or her 
station in a standby status rather than performing actual work, his or 
her regularly scheduled administrative workweek is the total number of 
regularly scheduled hours of duty each week. This includes time in a 
standby status, but does not include time that is allowed for sleep and 
meal periods by a written agency policy statement, subject to the 
requirements of 5 CFR 550.112(k) and (m), 551.411(c), 551.431, and 
551.432.
    (3) When an employee is a firefighter compensated under 5 U.S.C. 
5545b, the agency must establish a regular tour of duty instead of a 
basic workweek and a regularly scheduled administrative workweek, 
consistent with the requirements of 5 CFR part 550, subpart M.
    (d) When an authorized agency official establishes a flexible or 
compressed work schedule under 5 U.S.C. 6122 or 6127, he or she must 
establish a basic work requirement for each employee as defined in 5 
U.S.C. 6121 and subpart D of this part. A flexible or compressed work 
schedule is a scheduled tour of duty, and all work performed by an 
employee within the basic work requirement is considered regularly 
scheduled work for premium pay and leave administration purposes.
    (e) The basic workweeks established under this section are not 
affected by a holiday. Employees are entitled to paid holidays as 
provided in subpart B of this part.

Work Schedules


Sec.  610.121  Establishing work schedules.

    (a) Except when an authorized agency official determines that the 
agency would be seriously handicapped in carrying out its functions or 
that costs would be substantially increased, he or she must provide 
that--
    (1) Assignments to tours of duty are scheduled in advance of the 
administrative workweek over periods of not less than 1 week;
    (2) The 40-hour basic workweek is scheduled on 5 days, Monday 
through Friday when possible, and the 2 days outside the basic workweek 
are consecutive;
    (3) The working hours in each day of the basic workweek are the 
same;
    (4) The basic nonovertime workday may not exceed 8 hours;
    (5) The occurrence of holidays may not affect the designation of 
the basic workweek; and
    (6) Breaks in working hours of more than 1 hour may not be 
scheduled in a basic workday.
    (b) An authorized agency official must schedule the work of his or 
her employees to accomplish the mission of the agency. An authorized 
agency official must schedule an employee's regularly scheduled 
administrative workweek so that it corresponds with his or her actual 
work requirements.
    (c) When an authorized agency official knows in advance of an

[[Page 1081]]

administrative workweek that the specific days and/or hours of a day 
actually required of an employee in that administrative workweek will 
differ from those required in the current administrative workweek, he 
or she must reschedule the employee's regularly scheduled 
administrative workweek to correspond with those specific days and 
hours. An authorized agency official must inform the employee of the 
change and must record the change on the agency's official document for 
recording work schedules.
    (d) If it is determined that an authorized agency official should 
have scheduled a period of work as part of the employee's regularly 
scheduled administrative workweek and failed to do so in accordance 
with paragraphs (b) and (c) of this section, the employee is entitled 
to the payment of premium pay for that period of work as regularly 
scheduled work under 5 CFR part 550, subpart A. In this regard, it must 
be determined that the authorized agency official--
    (1) Had knowledge of the specific days and hours of the work 
requirement in advance of the administrative workweek; and
    (2) Had the opportunity to determine which employee had to be 
scheduled, or rescheduled, to meet the specific days and hours of that 
work requirement.
    (e) To the extent that the requirements of this section are 
inconsistent with the provisions for flexible and compressed work 
schedules in 5 U.S.C. chapter 61, subchapter II, and subpart D of this 
part, the requirements of this section do not apply to employees on 
such flexible or compressed work schedules.


Sec.  610.122  Variation for educational purposes.

    (a) Notwithstanding Sec.  610.121, an authorized agency official 
may authorize a special tour of duty of not less than 40 hours to 
permit an employee to take one or more courses in a college, 
university, or other educational institution when he or she determines 
that--
    (1) The courses the employee takes are not training under 5 U.S.C. 
chapter 41;
    (2) The rearrangement of the employee's tour of duty will not 
appreciably interfere with the accomplishment of the work required to 
be performed;
    (3) Additional costs for personal services will not be incurred; 
and
    (4) Completion of the courses will equip the employee for more 
effective work in the agency.
    (b) An agency may not pay an employee any premium pay solely 
because the special tour of duty authorized under this section causes 
the employee to work on a day, or at a time during the day, for which 
premium pay otherwise would be payable.


Sec.  610.123  Travel outside duty hours.

    (a) An employee may earn overtime pay or earn compensatory time off 
for travel outside his or her regularly scheduled administrative 
workweek only under the limited conditions prescribed in 5 CFR 
550.112(g)(2) for all employees, whether exempt or non-exempt from 
coverage by the Fair Labor Standards Act, and in 5 CFR 551.422 for 
employees who are covered by the Fair Labor Standards Act. Insofar as 
practicable, an authorized agency official should not require an 
employee to travel during nonduty hours. When it is essential that an 
employee travel during nonduty hours under circumstances that do not 
permit payment of overtime pay under 5 CFR 550.112(e), the supervisor 
or other approving official must record his or her reasons for ordering 
travel at those hours and must, upon request, furnish a copy of this 
statement to the employee concerned.
    (b) An agency must not adjust the regular working hours that 
normally apply to an employee solely for the purpose of including time 
spent traveling that would not otherwise be considered hours of work 
under 5 CFR 550.112 or 5 CFR 551.422.


Sec.  610.124  Unpaid meal periods.

    An authorized agency official may schedule employees for an unpaid 
meal period during the basic workday in accordance with Sec.  
610.121(a)(6). An unpaid meal period may not be counted as hours of 
work. If an agency schedules an unpaid meal period, an employee may not 
choose to work through that meal period to shorten his or her workday 
or to earn overtime pay.

Subpart B--Holidays

    Authority: 5 U.S.C. 6101; sec. 1(1) of E.O. 11228, 3 CFR, 1964-
1965 Comp., p. 317.


Sec.  610.201  Definitions.

    In this subpart:
    Administrative workweek means any period of 7 consecutive 24-hour 
periods designated in advance by the head of the agency under 5 U.S.C. 
6101.
    Agency means an executive agency as defined in 5 U.S.C. 105. For 
the purposes of this subpart, a military department as defined in 5 
U.S.C. 102 is treated as a separate agency.
    Authorized agency official means the head of an executive agency or 
an official who is authorized to act for the head of the executive 
agency in the matter concerned.
    Basic workday means the hours within an employee's basic workweek 
that occur during one of the 24-hour periods comprising the employee's 
administrative workweek. For employees on flexible or compressed work 
schedules as described in subpart D of this part, this term also means 
the daily basic work requirement.
    Basic workweek, for full-time employees, means the 40-hour workweek 
established in accordance with Sec.  610.111. For employees on flexible 
or compressed work schedules, as described in subpart D of this part, 
this term also means the basic work requirement.
    Employee means an employee of an agency who satisfies the 
definition of that term in 5 U.S.C. 2105.
    Rate of basic pay means the rate of pay fixed by law or 
administrative action for the position held by the employee, including 
the following types of pay, as applicable, but not including additional 
pay of any other kind:
    (1) A locality payment under 5 U.S.C. 5304 or similar geographic-
based payment under another authority (provided that the similar 
payment is treated as part of basic pay for computing retirement 
contributions and benefits);
    (2) A special pay adjustment for law enforcement officers under 
section 404 of the Federal Employees Pay Comparability Act of 1990 
(Public Law 101-509); and
    (3) A continued rate adjustment under 5 CFR part 531, subpart G.
    The United States means--
    (1) A State of the United States;
    (2) The District of Columbia;
    (3) Puerto Rico;
    (4) The U.S. Virgin Islands;
    (5) Outer Continental Shelf Lands, as defined in the Outer 
Continental Shelf Lands Act (67 Stat. 462);
    (6) American Samoa;
    (7) Guam;
    (8) Midway Atoll;
    (9) Wake Island;
    (10) Johnston Island; and
    (11) Palmyra.
    Workday means hours of the day that constitute an employee's daily 
tour of duty. For purposes of this subpart, a workday includes a day on 
which employees may be excused from duty by statute, Executive order, 
or administrative action.


Sec.  610.202  Entitlement to paid holidays.

    (a) Employees are entitled to paid holidays under the conditions 
set forth in this subpart. Agencies must determine the legal holidays 
on which

[[Page 1082]]

employees may be excused from duty with pay consistent with the 
requirements of 5 U.S.C. 6103, Executive Order 11582 of February 11, 
1971, and Sec.  610.203.
    (b) Employees are excused from duty with pay on a holiday as 
follows:
    (1) Full-time employees are excused for 8 hours.
    (2) Part-time employees are excused for the number of nonovertime 
hours in the employee's daily tour of duty on the holiday (not to 
exceed 8 hours).
    (3) Notwithstanding paragraphs (b)(1) and (2) of this section, 
employees on compressed work schedules are excused for the number of 
hours in the employee's daily basic work requirement on the holiday, 
consistent with Sec.  610.422.
    (4) If an employee on a flexible work schedule has a daily basic 
work requirement in excess of 8 hours on a holiday, the agency must 
charge the employee leave for any excess hours, allow the employee to 
use credit hours or compensatory time off, or arrange for the employee 
to meet the work requirement on another day.
    (c) An agency must compute the basic pay for a holiday on which an 
employee is excused from duty by multiplying the appropriate number of 
hours as provided in paragraph (b) of this section by the employee's 
hourly rate of basic pay.
    (d) If any part of an employee's basic workday falls on a holiday, 
the entire basic workday must be treated as if it fell on the holiday. 
However, if an employee has two basic workdays that overlap a single 
holiday, the employee is entitled to a paid holiday only with respect 
to the basic workday commencing on the legal holiday.
    (e) An employee is not entitled to pay when not working on a 
holiday if the employee is barred from receiving premium pay for 
working on a holiday under 5 U.S.C. 5546(b) based on receipt of standby 
duty premium pay under 5 U.S.C. 5545(c)(1) or compensation under 5 
U.S.C. 5545b (dealing with firefighters).

    Note to Sec.  610.202: The President may excuse specified 
employees from duty on a given day by Executive order and require 
that the day be considered as falling within the scope of Executive 
Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) 
and other similar statutes insofar as they relate to the pay and 
leave of affected employees.

Sec.  610.203  How to determine a holiday.

    (a) An employee's holiday is the day designated by 5 U.S.C. 6103(a) 
whenever that day is part of the employee's basic workweek or basic 
work requirement, except as provided in paragraph (e) of this section.
    (b) When a holiday falls on a nonworkday outside an employee's 
basic workweek, an agency must determine the day to be treated as his 
or her holiday (i.e., ``in-lieu-of'' holiday) in accordance with 5 
U.S.C. 6103(b) and Executive Order 11582 as follows:
    (1) For employees whose basic workweek is Monday through Friday--
    (i) If a holiday falls on a Saturday, the Friday immediately before 
is the legal holiday.
    (ii) If a holiday falls on a Sunday, the following Monday is the 
legal holiday.
    (2) For employees whose basic workweek is other than Monday through 
Friday, but does not include Sunday--
    (i) If a holiday falls on one of the employee's regular nonworkdays 
other than a Sunday, the employee's workday immediately before that 
regular nonworkday is the legal holiday.
    (ii) If a designated holiday falls on a Sunday, the employee's next 
workday is the legal holiday.
    (3) For employees whose basic workweek includes Sunday, the agency 
must designate one of the employee's nonworkdays to be the employee's 
deemed Sunday and determine the holiday as follows:
    (i) If a holiday falls on one of the employee's regular nonworkdays 
other than the deemed Sunday, the employee's workday immediately before 
that regular nonworkday is the legal holiday.
    (ii) If a holiday falls on the deemed Sunday, the employee's next 
workday is the legal holiday.
    (c) As authorized by 5 U.S.C. 6103(d), an agency may prescribe 
rules under which an employee (as defined in 5 U.S.C. 6121) under a 
compressed work schedule (as established under subpart D of this part) 
may be required to observe a holiday on another workday other than 
would otherwise be required by paragraph (b) of this section, provided 
that--
    (1) The actual holiday falls on a regularly scheduled nonworkday;
    (2) An authorized agency official has determined that selection of 
an alternative legal holiday (as compared to the legal holiday that 
would be designated under paragraph (b) of this section) is necessary 
to prevent an adverse agency impact, as defined in 5 U.S.C. 6131(b); 
and
    (3) The alternative legal holiday is in the same biweekly pay 
period as the date of the actual holiday designated under 5 U.S.C. 
6103(a) or in the biweekly pay period immediately preceding or 
following that pay period.

    Note to Sec.  610.203(c): In the event that the designated 
alternate legal holiday for an employee on a compressed work 
schedule occurs on a workday on which his or her duty station is 
closed by administrative action, that workday continues to be the 
alternate legal holiday.

    (d) Part-time employees, including part-time employees on flexible 
or compressed work schedules, are not entitled to an ``in-lieu-of'' 
holiday, as provided in paragraph (b) of this section, when a holiday 
falls on the employee's regularly scheduled nonworkday.
    (e) The holiday for employees under a first 40-hour tour of duty, 
as described in Sec.  610.111(b), is determined as provided in section 
4 of E.O. 11582.
    (f) The provisions of 5 U.S.C. 6103(b)(3) on determining holidays 
for certain employees at duty posts outside the United States apply to 
covered employees who are working outside the United States at a 
permanent or temporary station or under travel orders.


Sec.  610.204  Employee in nonpay status immediately preceding or 
following a holiday.

    An employee who is in a nonpay status on his or her entire workday 
immediately preceding and following a holiday is not entitled to 
receive pay for that holiday. A full-time employee who is in a pay 
status for at least 4 hours during any part of his or her workday 
immediately preceding or following a holiday is entitled to receive pay 
for that holiday. For a part-time employee or an employee on an 
uncommon tour of duty, the required number of hours in a pay status on 
the day immediately preceding or following the holiday must be 
prorated, based upon the number of hours the employee was scheduled to 
work on that day in relation to an 8-hour day.

Subpart C--Administrative Dismissal of Daily, Hourly, and Piecework 
Employees

    Authority: 5 U.S.C. 6104; E.O. 10552, 3 CFR, 1954-1958 Comp., p. 
201.


Sec.  610.301  Purpose.

    This subpart contains OPM regulations implementing 5 U.S.C. 6104, 
which authorizes agencies to grant administrative dismissals for 
certain daily, hourly, and piece-work employees.


Sec.  610.302  Definitions.

    In this subpart:
    Administrative order means an order issued by an authorized 
official of an agency relieving regular employees from

[[Page 1083]]

an authorized duty without charge to leave or loss of pay.
    Regular employees means employees paid at daily, hourly, or 
piecework rates who have a regular tour of duty and whose appointments 
are not limited to 90 days or less or who have been currently employed 
for a continuous period of 90 days under one or more appointments 
without a break in service. Regular employees do not include employees 
who have a scheduled annual rate of pay (e.g., employees under the 
General Schedule).


Sec.  610.303  Coverage.

    This subpart applies to regular employees of the Federal Government 
paid at daily, hourly, or piecework rates. This subpart does not apply 
to--
    (a) Federal Wage System employees as described in section 
610.101(b); or
    (b) Experts and consultants appointed under 5 U.S.C. 3109.


Sec.  610.304  Use of administrative dismissal.

    (a) An agency may grant administrative dismissal for employees paid 
at daily, hourly, or piece work rates only to the extent warranted by 
good administration and only for short periods of time not generally 
exceeding 3 consecutive workdays in a single period of excused absence. 
An agency may not use this authority in situations of extensive 
duration or for periods of interrupted or suspended operations that 
ordinarily would be covered by the scheduling of leave, furlough, or 
the assignment of other work. Insofar as practicable, each 
administrative order issued under this subpart must provide benefits 
for regular employees paid at daily, hourly, or piecework rates similar 
to those provided for employees who have a scheduled annual rate of 
pay.
    (b) A Federal agency may issue an administrative order under this 
subpart when--
    (1) Normal operations of an establishment are interrupted by events 
beyond the control of management or employees;
    (2) For managerial reasons, the closing of an establishment or 
portions thereof is required for short periods;
    (3) It is in the public interest to relieve employees from work to 
participate in civil activities which the Government is interested in 
encouraging; or
    (4) The circumstances are such that an administrative order under 
paragraph (b)(1), (b)(2), or (b)(3) of this section is not appropriate 
and the agency under its regulations excuses, or is authorized to 
excuse, without charge to leave or loss of pay, employees paid a 
scheduled annual rate of pay.


Sec.  610.305  Supplemental agency regulations.

    Agencies may issue supplemental regulations for their regular 
employees consistent with this subpart.

Subpart D--Flexible and Compressed Work Schedules

    Authority: 5 U.S.C. 5548, 5 U.S.C. 6124, and 5 U.S.C. 6133(a).

General Provisions


Sec.  610.401  Purpose.

    Notwithstanding 5 U.S.C. 6101 and subpart A of this part, this 
subpart implements certain provisions of 5 U.S.C., chapter 61, 
subchapter II, which authorizes the use of alternative work schedules. 
These regulations supplement that subchapter and must be read together 
with those provisions of law.


Sec.  610.402  Definitions.

    Agency means an executive agency as defined in 5 U.S.C. 105, the 
Government Printing Office, and the Library of Congress. For the 
purpose of this subpart, a military department as defined in 5 U.S.C. 
102 is treated as a separate agency.
    Alternative work schedule means a flexible work schedule or a 
compressed work schedule.
    Basic work requirement means the number of hours, excluding 
overtime hours, an employee is required to work or to account for by 
charging leave (including leave without pay), credit hours, excused 
absence, holiday hours, compensatory time off, or time off as an award.
    Compressed work schedule means, for a full time-employee, an 80-
hour biweekly basic work requirement that is scheduled by an agency for 
less than 10 workdays. For a part-time employee, a compressed work 
schedule means a biweekly basic work requirement of less than 80 hours 
which is scheduled by an agency for less than 10 workdays and which may 
require the employee to work more than 8 hours in a day. A compressed 
work schedule is a schedule that is fixed by the agency--i.e., a 
schedule with arrival and departure times that are fixed by the agency 
and days fixed by the agency that comprise the basic work requirement.
    Core hours means the time periods during the workday, workweek, or 
pay period that are within the tour of duty during which an employee 
covered by a flexible work schedule is required by the agency to be 
present for work or to be in an approved leave status or other paid 
time off status.
    Credit hours means those hours within a flexible work schedule 
which an employee elects to work, with supervisory approval, in excess 
of his or her basic work requirement so as to vary the length of a 
workweek or workday. An employee covered by a compressed work schedule 
may not earn credit hours.
    Employee has the meaning given that term in 5 U.S.C. 6121.
    Flexible hours means the time during the workday, workweek, or pay 
period within the tour of duty during which an employee covered by a 
flexible work schedule may choose to vary his or her times of arrival 
to and departure from the worksite consistent with the duties and 
requirements of the position.
    Flexible work schedule means, for a full-time employee, a work 
schedule that has an 80-hour biweekly basic work requirement that 
allows an employee to determine his or her own schedule within the 
limits set by the agency. For a part-time employee, a flexible work 
schedule means a biweekly basic work requirement of less than 80 hours 
that allows an employee to determine his or her own schedule within 
limits set by the agency.
    Rate of basic pay means the rate of pay fixed by law or 
administrative action for the position held by an employee, including 
the following types of pay, as applicable, but not including additional 
pay of any other kind:
    (1) A locality payment under 5 U.S.C. 5304 or similar geographic-
based payment under another authority (provided that the similar 
payment is treated as part of basic pay for the purpose of computing 
retirement contributions and benefits);
    (2) A special pay adjustment for law enforcement officers under 
section 404 of the Federal Employees Pay Comparability Act of 1990 
(Public Law 101-509); and
    (3) A continued rate adjustment under 5 CFR part 531, subpart G.
    Tour of duty under a flexible work schedule means the limits set by 
an agency within which an employee must complete his or her basic work 
requirement. Under a compressed work schedule or other fixed work 
schedule, tour of duty is synonymous with an employee's basic work 
requirement.


Sec.  610.403  Covered work schedules.

    This subpart applies only to flexible work schedules (including 
maxiflex schedules) and compressed work schedules established under 5 
U.S.C. chapter 61, subchapter II. Agencies may not combine provisions 
from the flexible work schedule and compressed work schedule 
authorities in subchapter

[[Page 1084]]

II in an effort to create a hybrid alternative work schedule program--
for example, a compressed schedule in which the employee has the 
flexibility to change his or her hours or a flexible schedule that 
permits more than 8 hours of paid absence on a holiday.


Sec.  610.404  Time-accounting method.

    An agency that authorizes a flexible work schedule or a compressed 
work schedule under this subpart must establish a time-accounting 
method that will provide affirmative evidence that each employee 
subject to the schedule has worked the proper number of hours in a 
biweekly pay period.

Flexible Work Schedules


Sec.  610.411  Overtime hours for employees on flexible work schedules.

    For an employee on a flexible work schedule, overtime hours are all 
hours of work in excess of 8 hours in a day or 40 hours in a week that 
are officially ordered and approved in advance by management. An 
employee on a flexible work schedule who is covered by the Fair Labor 
Standards Act may not earn overtime compensation as a result of 
``suffered or permitted'' work as defined in 5 CFR 551.104.


Sec.  610.412  Pay for a holiday for employees on flexible work 
schedules.

    A full-time employee on a flexible work schedule who is relieved or 
prevented from working on a day within his or her scheduled tour of 
duty that is designated as a holiday by Federal statute or Executive 
order is entitled to basic pay with respect to that holiday for 8 
hours. A part-time employee on a flexible work schedule is entitled to 
basic pay with respect to the holiday for the number of hours the 
employee is scheduled to work on that day, not to exceed 8 hours.


Sec.  610.413  Holiday premium pay for employees on flexible work 
schedules.

    (a) A full-time employee on a flexible work schedule who performs 
nonovertime work on a holiday that is ordered and approved is entitled 
to his or her rate of basic pay plus premium pay equal to his or her 
rate of basic pay for up to 8 hours of holiday work. For work in excess 
of 8 hours that is ordered and approved, a full-time employee is 
entitled to overtime compensation under the applicable provisions of 
law.
    (b) A part-time employee on a flexible work schedule is entitled to 
his or her rate of basic pay plus premium pay equal to his or her rate 
of basic pay for up to 8 hours of work that is ordered and approved 
performed during his or her basic work requirement on a holiday. For 
work in excess of 8 hours that is ordered and approved, a part-time 
employee is entitled to overtime compensation under the applicable 
provisions of law. However, a part-time employee scheduled to work on a 
day designated as an ``in-lieu-of'' holiday for full-time employees 
under Sec.  610.203(b) is not entitled to holiday premium pay for 
working on the ``in-lieu-of'' holiday.
    (c) An employee on a flexible work schedule is not entitled to 
holiday premium pay while engaged in training, except as provided in 5 
CFR 410.402.


Sec.  610.414  Credit hours.

    (a) An agency may permit a full-time or a part-time employee on a 
flexible work schedule to earn credit hours by performing work in 
excess of the employee's biweekly basic work requirement. An employee 
uses credit hours by being excused from duty during the employee's 
basic work requirement, as approved by the employee's supervisor or 
other authorized official. Members of the Senior Executive Service and 
employees on compressed work schedules may not earn credit hours.
    (b) A full-time employee may carry forward up to 24 credit hours 
from one pay period to the next. A part-time employee may carry forward 
from one pay period to the next a number of credit hours that 
represents up to one-fourth of his or her biweekly basic work 
requirement.
    (c) An employee may not use credit hours before they are earned. 
Agencies may permit employees to use credit hours in the same biweekly 
pay period within which they are earned.
    (d) An agency may establish a timeframe within which accumulated 
credit hours must be used. If an employee does not use his or her 
accumulated credit hours within the established timeframe, he or she is 
entitled to be paid for each credit hour at his or her hourly rate of 
basic pay in effect at the time of payment. Members of the Senior 
Executive Service may not receive compensation in lieu of unused credit 
hours accumulated prior to their appointment in the Senior Executive 
Service; however, they may use such credit hours subject to approval by 
their supervisor or other authorized official.
    (e) When an employee is no longer covered by a flexible work 
schedule, he or she must be paid for accumulated credit hours at his or 
her rate of basic pay in effect at the time of payment, up to a maximum 
of 24 unused credit hours for full-time employees and one-fourth of the 
biweekly basic work requirement for part-time employees.
    (f) An employee may not receive overtime, Sunday, or holiday 
premium pay or night pay under 5 U.S.C. 5545(a) when he or she earns or 
uses credit hours.

Compressed Work Schedules


Sec.  610.421  Overtime hours for employees on compressed work 
schedules.

    (a) For a full-time employee on a compressed work schedule who is 
exempt from the Fair Labor Standards Act (FLSA), overtime hours are 
those hours in excess of the compressed work schedule that are 
officially ordered and approved. For a part-time employee on a 
compressed work schedule who is exempt from the FLSA, overtime hours 
are those hours in excess of the compressed work schedule for the day 
or week that are officially ordered and approved, but must be in excess 
of 8 hours in a day or 40 hours in a week.
    (b) For a full-time employee on a compressed work schedule who is 
covered by the FLSA, overtime hours are those hours in excess of the 
compressed work schedule that are officially ordered and approved or 
are ``suffered or permitted.'' For a part-time employee on a compressed 
work schedule who is covered by the FLSA, overtime hours are those 
hours in excess of the compressed work schedule for the day or week 
that are officially ordered and approved or are ``suffered or 
permitted,'' but must be in excess of 8 hours in a day or 40 hours in a 
week. Full-time and part-time employees may not be credited with FLSA 
overtime hours on the basis of periods of duty in excess of 8 hours in 
a day when the hours are not hours of work for purposes of computing 
overtime pay under 5 CFR 410.402, 5 CFR Parts 550 or 532 and 5 U.S.C. 
5544 (e.g., suffered or permitted overtime work). Suffered or permitted 
overtime work is always credited towards an employee's weekly FLSA 
overtime standard. The daily overtime standard applies only to hours of 
work that would be considered overtime hours under title 5, United 
States Code, for General Schedule or prevailing rate (wage) employees.


Sec.  610.422  Pay for a holiday for employees on compressed work 
schedules.

    A full-time or part-time employee on a compressed work schedule who 
is relieved or prevented from working on a day within his or her 
scheduled tour of duty that is designated as a holiday by Federal 
statute or Executive order is entitled to basic pay with respect to 
that holiday for the number of hours of his or her compressed work 
schedule on that day.

[[Page 1085]]

Sec.  610.423  Holiday premium pay for employees on compressed work 
schedules.

    (a) An employee on a compressed schedule who performs work on a 
holiday is entitled to his or her rate of basic pay, plus premium pay 
at a rate equal to his or her rate of basic pay, for the work that is 
not in excess of the employee's compressed work schedule for that day. 
For hours worked on a holiday in excess of the compressed work 
schedule, a full-time employee is entitled to overtime compensation 
under applicable provisions of law.
    (b) A part-time employee on a compressed work schedule who performs 
work on a holiday is entitled to his or her rate of basic pay plus 
premium pay equal to his or her rate of basic pay for work that is not 
in excess of the employee's compressed work schedule for that day. 
However, a part-time employee scheduled to work on a day designated as 
an ``in-lieu-of'' holiday for full-time employees under Sec.  
610.203(b) is not entitled to premium pay for working on the ``in-lieu-
of'' holiday.
    (c) An employee on a compressed work schedule is not entitled to 
holiday premium pay while engaged in training, except as provided in 5 
CFR 410.402.
    21. Part 630 is revised to read as follows:

PART 630--ABSENCE AND LEAVE

Subpart A--General Provisions
Sec.
630.101 Responsibility for administration.
Subpart B--General Provisions for Annual and Sick Leave
630.201 Definitions.
630.202 Earning leave in a full biweekly pay period.
630.203 [Reserved]
630.204 Leave accrual for employees on uncommon tours of duty.
630.205 Leave accrual for part-time employees.
630.206 Appointments limited to fewer than 90 calendar days.
630.207 Earning leave in a fractional pay period.
630.208 Effect of nonpay status on earning leave.
630.209 Minimum charge for leave.
630.210 Advanced annual and sick leave.
630.211 Excusing employees from work for less than 1 hour.
630.212 Travel time for employees whose post of duty is outside the 
U.S.
630.213 Exclusion of Presidential appointees.
630.214 Use of annual leave to establish initial eligibility for 
retirement or continuation of health benefits.
630.215 Leave for bone-marrow and organ donation.
Subpart C--Annual Leave
630.301 Maximum annual leave limitation for employees stationed in 
the U.S.
630.302 Maximum annual leave limitation for employees stationed 
outside the U.S.
630.303 Maximum annual leave limitation for members of the Senior 
Executive Service.
630.304 Scheduling annual leave to ensure its restoration.
630.305 Designating an agency official to approve exigencies of the 
public business.
630.306 Time limits for using restored annual leave.
630.307 Time limit for using restored annual leave for a former 
missing employee.
630.308 Time limits for using restored annual leave in the event of 
an extended exigency of the public business.
630.309 Restoring annual leave to employees determined necessary to 
respond to the ``National Emergency by Reason of Certain Terrorist 
Attacks.''
Subpart D--Sick Leave
630.401 Granting sick leave.
630.402 Requesting sick leave.
630.403 Supporting evidence for the use of sick leave.
630.404 Use of sick leave during annual leave.
630.405 Sick leave used in the computation of an annuity.
630.406 Records on the use of sick leave.
Subpart E--Recredit of Leave
630.501 Transferring annual and sick leave between agencies.
630.502 Transferring annual leave between different leave systems.
630.503 Transferring sick leave between different leave systems.
630.504 Recrediting sick leave following a break in service.
630.505 Recrediting leave earned under a former leave system.
630.506 Treatment of leave account when an employee goes on active 
military duty.
630.507 Restoration of leave following an appeal.
Subpart F--Home Leave
630.601 Definitions.
630.602 Coverage.
630.603 Computation of service abroad.
630.604 Earning rates.
630.605 Computing home leave.
630.606 Granting home leave.
630.607 Transfer or recredit of home leave.
Subpart G--Shore Leave
630.701 Coverage.
630.702 Definitions.
630.703 Earning shore leave.
630.704 Granting shore leave.
Subpart H--Funeral Leave
630.801 Purpose.
630.802 Coverage.
630.803 Definitions.
630.804 Granting funeral leave.
Subpart I--Voluntary Leave Transfer Program
630.901 Purpose.
630.902 Coverage.
630.903 Definitions.
630.904 Administration.
630.905 Uncommon tour of duty.
630.906 Application to become a leave recipient.
630.907 Approval of an application to become a leave recipient.
630.908 Notification of approval of an application.
630.909 Disapproval of an application to become a leave recipient.
630.910 Donating annual leave through a leave transfer program.
630.911 Donation of leave to an employee in a different agency.
630.912 Limitations on the amount of annual leave that may be 
donated through a leave transfer program.
630.913 Prohibition against donation of leave to an immediate 
supervisor.
630.914 Restrictions on the use of transferred annual leave by a 
leave recipient.
630.915 Accrual of leave in set-aside accounts while using donated 
leave.
630.916 Limitations on the accrual of annual and sick leave in set-
aside accounts while using donated leave.
630.917 Using annual and sick leave in set-aside accounts.
630.918 Accrual of leave in set-aside accounts when annual and sick 
leave have been advanced at the beginning of a leave year.
630.919 Terminating set-aside accounts when a leave recipient is 
terminated from Federal service.
630.920 Termination of a medical emergency.
630.921 Restoration of unused transferred annual leave to leave 
donors.
630.922 Participation by an excepted agency.
630.923 Records.
Subpart J--Voluntary Leave Bank Program
630.1001 Purpose.
630.1002 Coverage.
630.1003 Definitions.
630.1004 Establishing and operating leave banks.
630.1005 Operation of a leave bank board.
630.1006 Application to become a leave bank member.
630.1007 Minimum contribution of a leave bank member.
630.1008 Application to become a leave bank contributor.
630.1009 Maximum limitation on contribution of annual leave to a 
leave bank.
630.1010 Application to become a leave recipient under a leave bank.
630.1011 Approval of a leave recipient under a leave bank program.
630.1012 Restrictions on the use of annual leave withdrawn from a 
leave bank.
630.1013 Accrual and use of leave in set-aside accounts under a 
leave bank program.
630.1014 Termination of a medical emergency under the leave bank 
program.

[[Page 1086]]

630.1015 Restoration of unused leave to a leave bank.
630.1016 Participation in both the voluntary leave transfer and 
leave bank programs.
630.1017 Transferring to a new leave bank.
630.1018 Transferring to an agency that does not have a leave bank.
630.1019 Termination of a voluntary leave bank program.
630.1020 Records.
Subpart K--Emergency Leave Transfer Program
630.1101 Purpose.
630.1102 Coverage.
630.1103 Administration.
630.1104 Definitions.
630.1105 Establishment of an emergency leave transfer program.
630.1106 Donations from a leave bank to an emergency leave transfer 
program.
630.1107 Application to become an emergency leave recipient.
630.1108 Approval of an application to become an emergency leave 
recipient.
630.1109 Notification of approval of an application.
630.1110 Disapproval of an application to become an emergency leave 
recipient.
630.1111 Use of available paid leave.
630.1112 Donating annual leave.
630.1113 Limitation on the amount of leave donated by an emergency 
leave donor.
630.1114 Limitation on the amount of leave received by an emergency 
leave recipient.
630.1115 Transferring donated leave between agencies.
630.1116 Using donated annual leave.
630.1117 Accrual of leave while using donated leave.
630.1118 Purposes for which donated leave may not be credited.
630.1119 Termination of a disaster or emergency.
630.1120 Provisions for returning unused leave to emergency leave 
donors.
630.1121 Protection against coercion.
Subpart L--Family and Medical Leave
630.1201 Purpose.
630.1202 Coverage.
630.1203 Administration.
630.1204 Definitions.
630.1205 Entitlement to family and medical leave.
630.1206 Procedures for invoking entitlement to family and medical 
leave.
630.1207 Calculating the 12-month period.
630.1208 Calculating 12 administrative workweeks of family and 
medical leave.
630.1209 Agency obligation.
630.1210 Involuntary placement on family and medical leave.
630.1211 Intermittent use of family and medical leave.
630.1212 Substitution of paid leave for unpaid family and medical 
leave.
630.1213 Notification of intent to invoke entitlement to family and 
medical leave.
630.1214 Medical certification of a serious health condition.
630.1215 Contents of a medical certification.
630.1216 Limitations on the medical certification.
630.1217 Second and third opinions on a serious health condition.
630.1218 Time limits for providing medical certification.
630.1219 Periodic recertification of a serious health condition.
630.1220 Protection of confidentiality.
630.1221 Employee protections upon return to work.
630.1222 Equivalent position upon return to work.
630.1223 Medical certification of fitness to return to work.
630.1224 Intent to return to work.
630.1225 Adverse actions.
630.1226 Denial of family and medical leave.
630.1227 Continuation of health benefits.
630.1228 Greater leave entitlements.
630.1229 Records on the use of family and medical leave.

    Authority: 5 U.S.C. 6311; Sec. 630.205 also issued under 5 
U.S.C. 6133(a); Sec. 630.303 also issued under Pub. L. 103-356, 108 
Stat. 3410; Secs. 630.305 and 630.307 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, 630.502, 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; and 
subpart L also issued under 5 U.S.C. 6387 and Pub. L. 103-3, 107 
Stat. 23.

Subpart A--General Provisions


Sec.  630.101  Responsibility for administration.

    The head of each agency having employees subject to this part is 
responsible for the proper administration of this part so far as it 
pertains to employees under his or her jurisdiction and for maintaining 
an account of leave for each employee in accordance with policies and 
procedures prescribed by OPM.

Subpart B--General Provisions for Annual and Sick Leave


Sec.  630.201  Definitions.

    (a) In 5 U.S.C. 6301(2)(iii), the term temporary employee engaged 
in construction work at an hourly rate means an employee hired on a 
temporary basis solely for the purpose of work on a specific 
construction project and paid an hourly rate.
    (b) In subparts B through G of this part:
    Accrued leave means leave earned by an employee during the current 
leave year which remains unused at any given time during that year.
    Accumulated leave means unused leave remaining to the credit of an 
employee at the beginning of a leave year.
    Advanced leave means annual or sick leave an agency may choose to 
advance to an employee in advance of the date the leave is accrued 
(earned).
    Authorized agency official means the head of an executive agency or 
an official who is authorized to act for the head of the executive 
agency in the matter concerned.
    Employee means an employee to whom 5 U.S.C. chapter 63, subchapter 
I, applies.
    Family member means the following relatives of the employee:
    (1) Spouse, and parents thereof;
    (2) Children, including adopted children and spouses thereof;
    (3) Parents;
    (4) Brothers and sisters, and spouses thereof; and
    (5) Any individual related by blood or affinity whose close 
association with the employee is the equivalent of a family 
relationship.
    Health care provider has the meaning given that term in Sec.  
630.1204.
    Intermittent work schedule means employment without a regularly 
scheduled tour of duty during each administrative workweek.
    Leave year means the period beginning with the first day of the 
first full pay period in a calendar year and ending with the day 
immediately before the first day of the first full pay period in the 
following calendar year.
    Medical certificate means a written statement signed by a 
healthcare provider certifying to the incapacitation, examination, or 
treatment or to the period of disability while the patient was 
receiving professional treatment.
    Regularly scheduled administrative workweek has the meaning given 
that term in 5 CFR 610.102.
    Serious health condition has the meaning given that term in Sec.  
630.1204.
    Uncommon tour of duty means an established tour of duty that 
exceeds 80 hours of work in a biweekly pay period, provided the tour--
    (1) Includes hours for which the employee is compensated by standby 
duty pay under 5 U.S.C. 5545(c)(1) and 5 CFR 550.141;
    (2) Is a regular tour of duty (as defined in 5 CFR 550.1302) 
established for firefighters compensated under 5 U.S.C. 5545b and 5 CFR 
part 550, subpart M; or
    (3) Is authorized for a category of employees by OPM.
    United States means the several States and the District of 
Columbia.

[[Page 1087]]

Sec.  630.202  Earning leave in a full biweekly pay period.

    A full-time employee earns leave during each full biweekly pay 
period during which the employee is in a pay status or in a combination 
of a pay status and a nonpay status, except as provided in Sec.  
630.207. A full-time employee earns and uses leave based on the hours 
in his or her regularly scheduled administrative workweek (excluding 
overtime hours as defined in 5 CFR 550.111(a)), except as provided in 
Sec. Sec.  630.204, 630.915, and 630.1013. Employees who enter Federal 
service after the beginning of a biweekly pay period or before the end 
of a biweekly pay period do not earn leave during that pay period 
unless they complete their full biweekly work requirement for that pay 
period.


Sec.  630.203  [Reserved]


Sec.  630.204  Leave accrual for employees on uncommon tours of duty.

    (a) An agency may require that a Federal employee on an uncommon 
tour of duty accrue and use leave on the basis of that uncommon tour of 
duty. The employee's leave accrual rates must be directly proportional 
(based on the number of hours in the biweekly tour of duty and the 
accrual rate of the corresponding leave category) to the standard leave 
accrual rates for employees who accrue and use leave on the basis of an 
80-hour biweekly tour of duty. The agency must charge 1 hour (or 
appropriate fraction thereof) of leave for each hour (or appropriate 
fraction thereof) of absence from the uncommon tour of duty.
    (b) When an employee is converted to a different tour of duty for 
leave purposes, his or her leave balances must be converted to the 
proper number of hours based on the proportion of hours in the new tour 
of duty compared to a standard 80-hour tour of duty.
    (c) An agency must establish an uncommon tour of duty for each 
firefighter compensated under 5 CFR part 550, subpart M. The uncommon 
tour of duty must correspond directly to the firefighter's regular tour 
of duty, as defined in 5 CFR 550.1302, so that each firefighter accrues 
and uses leave on the basis of that regular tour of duty.


Sec.  630.205  Leave accrual for part-time employees.

    (a) A part-time employee for whom an agency has established in 
advance of a biweekly pay period a regular tour of duty on 1 or more 
days during each administrative workweek, or a part-time employee on a 
flexible work schedule for whom an agency has established only a 
biweekly work requirement, earns leave under 5 U.S.C. 6303 and 6307 
based on the total number of hours in a pay status in each biweekly pay 
period, excluding overtime hours as defined in 5 CFR 550.111(a), except 
as provided in Sec. Sec.  630.204, 630.915, and 630.1013.
    (b) A part-time employee earns annual leave as follows:
    (1) A part-time employee with fewer than 3 years of service earns 1 
hour of annual leave for each 20 hours in a pay status.
    (2) A part-time employee with at least 3 but fewer than 15 years of 
service earns 1 hour of annual leave for each 13 hours in a pay status.
    (3) A part-time employee with 15 or more years of service earns 1 
hour of annual leave for each 10 hours in a pay status.
    (c) A part-time employee earns 1 hour of sick leave for each 20 
hours in a pay status.
    (d) When a part-time employee has hours in a pay status that are 
fewer than the number necessary to accrue 1 hour of leave, the agency 
must carry forward those hours into the next pay period and credit them 
toward the employee's leave accrual.
    (1) When a part-time employee moves to a full-time position, he or 
she loses any unapplied hours not previously used towards a leave 
accrual.
    (2) When a part-time employee moves to or from a part-time position 
from or to an intermittent position, he or she may carry the unapplied 
hours.
    (e) A part-time employee may be charged leave only for the hours 
not worked that were scheduled in advance of his or her regularly 
scheduled administrative workweek. A part-time employee may not be 
charged leave for hours not worked that were scheduled in addition to 
the employee's regularly scheduled administrative workweek after the 
beginning of the pay period.


Sec.  630.206  Appointments limited to fewer than 90 calendar days.

    An employee whose appointment is limited to fewer than 90 calendar 
days is not entitled to accrue annual leave but is entitled to accrue 
sick leave under 5 U.S.C. 6307. If the appointment is extended or the 
employee receives one or more successive appointments without a break 
in service that extend the period of employment to 90 calendar days or 
more, the employee is entitled to accrue annual leave, and the agency 
must, on the 90th day, credit the employee with the annual leave that 
would have accrued to him or her under 5 U.S.C. 6303(a) during the 90-
day period. Employees who transfer without a break in service from a 
leave-earning position to a less-than-90-day appointment are not 
subject to this provision.


Sec.  630.207  Earning leave in a fractional pay period.

    An employee is ineligible to earn leave when he or she is receiving 
benefits from the Office of Workers' Compensation Programs (OWCP) under 
20 U.S.C. chapter I or subject to an intermittent work schedule. When 
an employee's service is interrupted by such an event, he or she earns 
leave only for that portion of each pay period during which he or she 
is eligible to earn leave (i.e., not receiving OWCP benefits or moving 
from an intermittent work schedule to a full-time or part-time work 
schedule.) This section does not apply to employees who enter Federal 
service after the beginning of a pay period or who separate from 
Federal service before the end of a pay period.


Sec.  630.208  Effect of nonpay status on earning leave.

    (a) If an employee is in an extended nonpay status (e.g., leave 
without pay), he or she continues to earn annual and sick leave until 
the number of hours in the nonpay status equals the number of hours in 
a pay period. An employee does not earn any annual or sick leave during 
a pay period (including the last pay period in the year when he or she 
might normally earn 10 hours of annual leave) in which he or she 
reaches the cumulative number of hours in a nonpay status that is equal 
to the number of hours in a pay period (80 hours for most full-time 
employees). The agency must carry forward and apply to the next pay 
period any hours in a nonpay status in excess of the number of hours in 
a pay period. The employee earns leave in the next and succeeding pay 
periods until he or she again accumulates the number of hours in a 
nonpay status that is equal to the number of hours in a pay period. At 
the end of the leave year, the agency must drop any remaining time in a 
nonpay status that does not require a reduction in leave earnings.
    (b) If an employee is in a nonpay status for the entire leave year, 
he or she does not earn leave.
    (c) When a reduction in leave earnings results in a negative leave 
balance in an employee's annual leave account at the end of a leave 
year, the agency must--
    (1) Carry the negative balance forward as a charge against the 
annual leave the employee will earn in the next leave year; or
    (2) Require the employee to refund the amount paid him or her for 
the

[[Page 1088]]

period covering the excess leave that resulted in the debit.
    (d) A period covered by a refund for unearned advanced leave is 
deemed not a period of nonpay status under this section.


Sec.  630.209  Minimum charge for leave.

    (a) An agency may charge leave in increments of one-tenth of an 
hour (6 minutes) or one-quarter of an hour (15 minutes). Additional 
charges to leave must be made in multiples thereof.
    (b) When an employee is charged leave for an unauthorized absence 
or tardiness, the agency may not require him or her to perform work for 
any part of the leave period charged against the employee's account.


Sec.  630.210  Advanced annual and sick leave.

    (a) At the beginning of the leave year or at any time thereafter, 
an agency may advance the amount of annual leave an employee is 
expected to accrue during the remainder of that leave year.
    (b) An agency may advance a maximum of 30 days of sick leave to a 
full-time employee at the beginning of a leave year or at any time 
thereafter when required by the exigencies of the situation for a 
serious disability or ailment of the employee or a family member or for 
purposes relating to the adoption of a child. Thirty days is the 
maximum amount of advanced sick leave that an employee may have to his 
or her credit at any one time. For a part-time employee (or an employee 
on an uncommon tour of duty), the maximum amount of sick leave an 
agency may advance must be prorated according to the number of hours in 
the employee's regularly scheduled administrative workweek.
    (c) When an employee is serving under a time-limited appointment or 
one that will terminate on a specified date, an agency may advance sick 
leave to him or her up to the total amount of sick leave the employee 
would otherwise earn during the term of his or her appointment, not to 
exceed the 30-day maximum in 630.210(b). For the purposes of this 
paragraph, an employee serving a probationary or trial period is not 
serving under a limited appointment.
    (d) An employee may liquidate a debt for advanced leave in the 
following ways:
    (1) Through the retroactive substitution of accumulated annual 
leave;
    (2) Through the retroactive substitution of donated annual leave;
    (3) Through the application of annual leave as it is accrued;
    (4) Through the application of sick leave as it is accrued if the 
debt is for advanced sick leave; or
    (5) Through a cash payment equal to the amount paid to the employee 
for the period covered by the advanced leave.
    (e) When an employee separates from Federal service under 
circumstances other than those listed in paragraphs (g)(1) through (3) 
of this section with an indebtedness for advanced leave, the agency 
must--
    (1) Require the employee to refund the amount paid him or her for 
the period covering the leave for which the employee is indebted; or
    (2) Deduct that amount from any pay due the employee.
    (f) An employee who enters active military service with a right of 
restoration is deemed not separated for the purpose of paragraph (e) of 
this section.
    (g) An employee is not required to pay back advanced leave when he 
or she--
    (1) Dies;
    (2) Retires for disability; or
    (3) Resigns or is separated because of a disability that prevents 
him or her from returning to duty or continuing in the service, and 
which is the basis of the separation, as determined by the agency on 
medical evidence acceptable to the agency.


Sec.  630.211  Excusing employees from work for less than 1 hour.

    If an employee is unavoidably or necessarily tardy or absent for 
less than 1 hour, an authorized agency official may excuse him or her 
without charge to leave or loss of pay if there is adequate reason for 
the absence.


Sec.  630.212  Travel time for employees whose post of duty is outside 
the U.S.

    Under 5 U.S.C. 6303(d), the travel time granted to a Federal 
employee whose post of duty is outside the United States includes the 
time necessary to travel to and from the post of duty and the United 
States or to and from the employee's place of residence if the place of 
residence is outside the employee's area of employment and in the 
Commonwealth of Puerto Rico or the territories or possessions of the 
United States. The employee must designate his or her place of 
residence in any request for leave under 5 U.S.C. 6303(d).


Sec.  630.213  Exclusion of Presidential appointees.

    (a) Authority. (1) Section 6301(2)(B)(xi) of title 5, United States 
Code, authorizes the President to exclude certain Presidential 
appointees in the executive branch or the government of the District of 
Columbia from the annual and sick leave provisions of 5 U.S.C. chapter 
63, subchapter I, and from the related provisions of this part.
    (2) The President, by Executive Order 10540, as amended, has 
delegated to OPM the responsibility for making exclusions under 5 
U.S.C. 6301(2)(B)(xi), and OPM has delegated this responsibility to the 
head of each agency, consistent with the provisions of this section.
    (3) Presidential appointees in positions where the rate of basic 
pay is equal to or exceeds the rate for level V of the Executive 
Schedule are already excluded from the annual and sick leave provisions 
by 5 U.S.C. 6301(2)(B)(x). Therefore, no further action by an agency is 
necessary to exclude these appointees.
    (b) Criteria for exclusions. The head of an agency may exclude an 
officer in the agency from the annual and sick leave provisions only if 
the officer meets all of the following criteria:
    (1) The officer is a Presidential appointee;
    (2) The officer is not a United States attorney or United States 
marshal; and
    (3) The officer's responsibilities for carrying out the duties of 
the position continue outside normal duty hours and while away from the 
normal duty post.
    (c) Revocation of exclusion. An authorized agency official may 
revoke an exclusion from the annual and sick leave provisions which was 
made under this section.
    (d) Records. The agency must maintain records of any exclusion, or 
revocation of an exclusion, authorized under this section.
    (e) Continuation of previous authorizations. Any officer in an 
agency who was excluded by action of the President or the Civil Service 
Commission prior to February 15, 1979, from the annual and sick leave 
provisions under the authority of 5 U.S.C. 6301(2)(B)(xi) must continue 
to be excluded from annual and sick leave unless the exclusion is 
revoked by the agency under the provisions of this section.


Sec.  630.214  Use of annual leave to establish initial eligibility for 
retirement or continuation of health benefits.

    (a) An employee may elect to use annual leave and remain on the 
agency's rolls in order to establish initial eligibility for immediate 
retirement under 5 U.S.C. 8336, 8412, or 8414, and/or to establish 
initial eligibility under 5 U.S.C. 8905 to continue health benefits 
coverage into retirement, as provided in:
    (1) 5 CFR 351.606(b)(1) for an employee who otherwise would have

[[Page 1089]]

been separated by reduction-in-force procedures under 5 CFR part 351; 
or
    (2) 5 CFR 351.606(b)(2) for an employee who otherwise would have 
been separated by adverse action procedures under 5 CFR part 752 
because of the employee's decision to decline relocation (including 
transfer of function).
    (b)(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).
    (2) Annual leave that is advanced to an employee under 5 U.S.C. 
6302(d), including any advanced annual leave that may be credited to an 
employee's leave account after the effective date of the reduction in 
force or relocation (including transfer of function), may not be used 
for purposes of this section.
    (3) For purposes of this section, an authorized agency official may 
approve the use of any or all annual leave donated to an employee under 
subpart I of this part (Voluntary Leave Transfer Program), or made 
available to the employee under subpart J of this part (Voluntary Leave 
Bank Program), as of the effective date of the reduction in force or 
relocation.


Sec.  630.215  Leave for bone-marrow and organ donation.

    (a) A full-time employee is entitled to up to 7 days (56 hours) of 
leave in a leave year to serve as a bone-marrow donor. The amount of 
bone-marrow donation leave available to a part-time employee or an 
employee on an uncommon tour of duty must be prorated according to the 
number of regularly scheduled hours in his or her biweekly pay period. 
Leave for bone-marrow donation may be used for compatibility testing as 
well as actual donation and recuperation.
    (b) A full-time employee is entitled to up to 30 days (240 hours) 
of leave in a leave year to serve as an organ donor. The amount of 
organ donation leave available to a part-time employee or an employee 
on an uncommon tour of duty must be prorated according to the number of 
regularly scheduled hours in his or her biweekly pay period. Leave for 
organ donation may be used for compatibility testing as well as actual 
donation and recuperation.
    (c) OPM may make a determination that other donation procedures are 
sufficiently similar to bone-marrow donation or organ donation to 
warrant the granting of bone-marrow or organ donor leave.

Subpart C--Annual Leave


Sec.  630.301  Maximum annual leave limitation for employees stationed 
in the U.S.

    A full-time or part-time employee whose official duty station is in 
the United States may accumulate annual leave for use in succeeding 
years until it totals not more than 30 days (240 hours) at the 
beginning of the first full biweekly pay period in a leave year, except 
as provided in Sec.  630.204.


Sec.  630.302  Maximum annual leave limitation for employees stationed 
outside the U.S.

    (a) A full-time or part-time employee whose official duty station 
is outside the United States may accumulate annual leave for use in 
succeeding years until it totals not more than 45 days (360 hours) at 
the beginning of the first full biweekly pay period in a leave year, 
except as provided in Sec.  630.204.
    (b) The effective date on which an otherwise eligible employee 
becomes subject to the 45-day maximum annual leave limitation is--
    (1) The date of the employee's entry on duty when he or she is 
employed locally;
    (2) The date of the employee's arrival at a post of regular 
assignment for duty; or
    (3) The date on which he or she begins to perform that duty in an 
area outside the United States, if the employee is required to perform 
that duty en route to his or her post of regular assignment and is 
outside the area of recruitment or the area from which he or she was 
transferred.
    (c) Subject to 5 U.S.C. 6304(c), the maximum amount of annual leave 
an employee may carry forward into the next leave year when he or she 
is transferred or reassigned to a position in which he or she is no 
longer subject to section 6304(b) of that title is determined as 
follows:
    (1) When, on the date prescribed by paragraph (d) of this section, 
the amount of an employee's accumulated and accrued annual leave is 30 
days or less, he or she may carry forward up to 30 days as prescribed 
by 5 U.S.C. 6304(a).
    (2) When, on the date prescribed by paragraph (d) of this section, 
the amount of an employee's accumulated and accrued annual leave is 
more than 30 days but not more than 45 days, he or she may carry 
forward the full amount thereof that is unused at the end of the 
current leave year, not to exceed 45 days.
    (3) When, on the date prescribed by paragraph (d) of this section, 
the amount of an employee's accumulated and accrued annual leave is 
more than 45 days, he or she may carry forward the amount of unused 
annual leave to the employee's credit at the end of the current leave 
year that does not exceed--
    (i) Forty-five days, if he or she is not entitled to a greater 
accumulation under 5 U.S.C. 6304(c); or
    (ii) The amount he or she is entitled to accumulate under section 5 
U.S.C. 6304(c), if that amount is greater than 45 days.
    (d) For the purposes of paragraph (c) of this section, an agency 
must determine the amount of an employee's accumulated and accrued 
annual leave at the end of the pay period that includes:
    (1) The date on which the employee departs from his or her post of 
regular assignment for transfer or reassignment;
    (2) The date on which an employee ceases to perform duty, when he 
or she is required to perform that duty en route to an area in which he 
or she would be subject to 5 U.S.C. 6304(b) if assigned there; or
    (3) The date on which final administrative approval is given to 
effect a change in an employee's duty station when he or she is on 
detail or on leave in the United States or in the Commonwealth of 
Puerto Rico or a territory or possession of the United States if that 
is the area from which he or she was recruited or transferred.


Sec.  630.303  Maximum annual leave limitation for members of the 
Senior Executive Service.

    (a) Unused annual leave accrued by an employee while serving under 
an appointment in the Senior Executive Service (SES) under 5 U.S.C. 
chapter 33, subchapter VIII, may accumulate for use in succeeding years 
until it totals not more than 90 days (720 hours) at the beginning of 
the first full biweekly pay period in a leave year.
    (b) When an employee in a position outside of the SES moves to a 
position in the SES, all unused accumulated annual leave remains to the 
employee's credit and is subject to the 90-day limitation in paragraph 
(a) of this section.
    (c) If an employee serves less than a full pay period under an 
appointment in the SES, his or her unused accumulated annual leave is 
subject to the maximum annual leave limitations in 5 U.S.C. 6304(a), 
(b), or (c), as appropriate.
    (d) When an employee in the SES moves to a position outside the 
SES, any

[[Page 1090]]

unused accumulated annual leave that is in excess of the amount allowed 
for the new position by 5 U.S.C. 6304(a), (b), or (c) remains to the 
employee's credit and is subject to reduction under procedures 
identical to those described in 5 U.S.C. 6304(c).
    (e) Agencies must maintain records on the accumulated annual leave 
credited to each employee under this section. If the employee transfers 
to another agency, the losing agency must provide such records to the 
gaining agency.


Sec.  630.304  Scheduling annual leave to ensure its restoration.

    (a) Except as provided in paragraph (b) of this section and Sec.  
630.309, before an agency may consider restoration of annual leave 
forfeited at the beginning of the leave year under 5 U.S.C 6304, the 
annual leave that was forfeited must have been scheduled in writing 
before November 15 of the previous leave year.
    (b) The requirement for advance scheduling of annual leave in 
paragraph (a) of this section does not apply to an employee who is 
covered by 5 U.S.C. 6304(d)(3) which exempts employees of the 
Department of Defense at installations undergoing closure or 
realignment pursuant to the Defense Base Closure and Realignment Act of 
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). 
When coverage under 5 U.S.C. 6304(d)(3) terminates during a leave year, 
the employee must make a reasonable effort to comply with the 
scheduling requirement in paragraph (a) of this section. An authorized 
agency official may exempt an employee from the advance scheduling 
requirement in paragraph (a) of this section if coverage under 
6304(d)(3) terminated during the leave year and the employee was unable 
to comply with the advance scheduling requirement because of 
circumstances beyond his or her control.


Sec.  630.305  Designating an agency official to approve exigencies of 
the public business.

    An authorized agency official must make the determination that an 
exigency exists and that the exigency is of such major importance that 
employees may not use annual leave to avoid forfeiture. This 
determination must be made before an agency may restore annual leave 
under 5 U.S.C. 6304. An agency official whose leave would be affected 
by the decision (except the head of the agency) may not make this 
determination.


Sec.  630.306  Time limits for using restored annual leave.

    (a) Except as otherwise authorized under paragraphs (b) and (c) of 
this section or other regulation, an employee must schedule and use 
annual leave restored under 5 U.S.C. 6304(d) not later than the end of 
the leave year ending 2 years after--
    (1) The date of restoration of the annual leave, if the annual 
leave was forfeited because of administrative error;
    (2) The date fixed by an authorized agency official as the 
termination date of the exigency of the public business that resulted 
in forfeiture of the annual leave; or
    (3) The date the employee is determined to be recovered and able to 
return to duty if the leave was forfeited because of his or her 
sickness.
    (b) An employee must schedule and use annual leave restored under 5 
U.S.C. 6304(d)(3) within the time limits prescribed in paragraphs 
(b)(1) and (b)(2) of this section, as follows:
    (1) A full-time employee must 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 he or she is no longer subject to 5 U.S.C. 6304(d)(3). 
The agency must extend this period by 1 leave year for each additional 
208 hours of excess annual leave or any portion thereof.
    (2) A part-time employee must schedule and use excess annual leave 
in an amount equal to or less than 20 percent of the number of hours in 
his or her scheduled annual tour of duty 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. 6304(d)(3). The agency must extend this period by 1 leave year 
for each additional number of hours of excess annual leave, or any 
portion thereof, equal to 10 percent of the number of hours in the 
employee's scheduled annual tour of duty.
    (c) The time limits established under paragraphs (a) and (b) of 
this section for using restored annual leave accounts do not apply for 
the entire period during which an employee is subject to 5 U.S.C. 
6304(d)(3). When coverage under 5 U.S.C. 6304(d)(3) ends, the agency 
must establish a new time limit under paragraph (b) of this section for 
all annual leave restored to an employee under 5 U.S.C. 6304(d).


Sec.  630.307  Time limit for using restored annual leave for a former 
missing employee.

    Annual leave restored under 5 U.S.C. 5562 must be used within a 
time limit to be prescribed by OPM, in each case taking into 
consideration the amount of the restored leave and other relevant 
factors.


Sec.  630.308  Time limits for using restored annual leave in the event 
of an extended exigency of the public business.

    (a) An employee must schedule and use annual leave restored under 5 
U.S.C. 6304(d)(1)(B) because of an extended exigency, as defined in 
paragraph (b) of this section, within a time period that equals twice 
the number of full calendar years, or parts thereof, that the exigency 
existed. This time period begins at the beginning of the leave year 
following the leave year in which the exigency is declared to be ended.
    (b) An extended exigency means an exigency of such significance as 
to--
    (1) Threaten the national security, safety, or welfare;
    (2) Last more than 3 calendar years;
    (3) Affect a segment of an agency or occupational class; and
    (4) Preclude subsequent use of both restored and accrued annual 
leave within the time limit specified in Sec.  630.306.


Sec.  630.309  Restoring annual leave to employees determined necessary 
to respond to the ``National Emergency by Reason of Certain Terrorist 
Attacks.''

    (a) OPM deemed the ``National Emergency by Reason of Certain 
Terrorist Attacks'' (Presidential Proclamation of September 14, 2001) 
to be an exigency of the public business for the purpose of restoring 
annual leave forfeited under 5 U.S.C. 6304.
    (b) If an employee forfeits annual leave under 5 U.S.C. 6304 at the 
beginning of a leave year because his or her agency determines the 
employee's services are required in response to the national emergency, 
the forfeited annual leave is deemed to have been scheduled in advance 
for the purposes of 5 U.S.C. 6304(d)(1)(B) and Sec.  630.304.
    (c) An employee must schedule and use annual leave restored under 5 
U.S.C. 6304(d) because of the national emergency within the following 
time limits:
    (1) A full-time employee must 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 his or her services are no longer required by the 
national emergency. The agency must extend this period by 1 leave year 
for each additional 208 hours of excess annual leave or any portion 
thereof.
    (2) A part-time employee must schedule and use excess annual leave 
in an amount equal to or less than 20 percent of the number of hours in 
his or her scheduled annual tour of duty by the end of the leave year 
in progress 2 years after the date the employee's services are no 
longer required by the

[[Page 1091]]

national emergency. The agency must extend this period by 1 leave year 
for each additional number of hours of excess annual leave, or any 
portion thereof, equal to 10 percent of the number of hours in the 
employee's scheduled annual tour of duty.
    (d) The time limits established in paragraph (c) of this section 
for using restored annual leave accounts are suspended for the entire 
period during which an employee's services are required for the 
national emergency. When coverage under paragraphs (a) and (b) of this 
section ends, the agency must establish a new time limit under 
paragraph (c) of this section for all annual leave restored to an 
employee under 5 U.S.C. 6304(d).
    (e) If an employee's services are determined essential during the 
national emergency, but he or she subsequently moves to a position not 
considered essential, the employee must make a reasonable effort to 
comply with the scheduling requirement in Sec.  630.304(a). An 
authorized agency official may exempt such an employee from the advance 
scheduling requirement in Sec.  630.304(a) if coverage under paragraphs 
(a) and (b) of this section terminated during the leave year and the 
employee can demonstrate that he or she was unable to comply with the 
advance scheduling requirement because of circumstances beyond his or 
her control.

Subpart D--Sick Leave


Sec.  630.401  Granting sick leave.

    (a) Subject to paragraphs (b) through (e) of this section, an 
agency must grant sick leave to an employee when he or she--
    (1) Receives medical, dental, or optical examination or treatment;
    (2) Is incapacitated for the performance of his or her duties by 
physical or mental illness, injury, pregnancy, or childbirth;
    (3)(i) Provides care for a family member who is incapacitated by a 
medical or mental condition or attends to a family member receiving 
medical, dental, or optical examination or treatment; or
    (ii) Provides care for a family member with a serious health 
condition;
    (4) Makes arrangements necessitated by the death of a family member 
or attends the funeral of a family member;
    (5) Would, as determined by the health authorities having 
jurisdiction or by a health care provider, jeopardize the health of 
others by his or her presence on the job because of exposure to a 
communicable disease; or
    (6) Must be absent from duty for purposes relating to his or her 
adoption of a child, including appointments with adoption agencies, 
social workers, and attorneys; court proceedings; required travel; and 
any other activities necessary to allow the adoption to proceed.
    (b) The maximum amount of sick leave that may be granted to an 
employee during any leave year for the purposes described in paragraphs 
(a)(3)(i) and (4) of this section may not exceed a total of 104 hours 
(or, for a part-time employee or an employee with an uncommon tour of 
duty, the number of hours of sick leave he or she normally accrues 
during a leave year).
    (c) The maximum amount of sick leave that may be granted to an 
employee during any leave year for the purposes described in paragraph 
(a)(3)(ii) of this section may not exceed a total of 480 hours (or, for 
a part-time employee or an employee with an uncommon tour of duty, an 
amount of sick leave equal to 12 times the average number of hours in 
his or her scheduled tour of duty each week), subject to the limitation 
found in paragraph (d) of this section.
    (d) If, at the time an employee uses sick leave to care for a 
family member with a serious health condition under paragraph (c) of 
this section, he or she has used any portion of the sick leave 
authorized under paragraph (b) of this section during that leave year, 
the agency must subtract that amount from the maximum number of hours 
authorized under paragraph (c) of this section to determine the total 
amount of sick leave the employee may use during the remainder of the 
leave year to care for a family member with a serious health condition. 
If an employee has previously used the maximum amount of sick leave 
permitted under paragraph (c) of this section in a leave year, he or 
she is not entitled to use additional sick leave under paragraph (b) of 
this section.
    (e) If the number of hours in the employee's tour of duty is 
changed during the leave year, his or her entitlement to use sick leave 
for the purposes described in paragraphs (a)(3) and (4) of this section 
must be recalculated based on the new tour of duty.


Sec.  630.402  Requesting sick leave.

    An employee must file an application--written, oral, or electronic, 
as required by the agency--for sick leave within such time limits as 
the agency may require. The employee must 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), (4), and (6).


Sec.  630.403  Supporting evidence for the use of sick leave.

    (a) An agency may grant sick leave only when the need for sick 
leave is supported by administratively acceptable evidence. An agency 
may consider an employee's self-certification as to the reason for his 
or her absence as administratively acceptable evidence, regardless of 
the duration of the absence. An 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) for an absence in excess of 3 workdays, or for a lesser 
period when the agency determines it is necessary.
    (b) An employee must provide administratively acceptable evidence 
or medical certification for a request for sick leave within 15 days of 
his or her agency's request. An employee who does not provide the 
required evidence or medical certification within the 15 days is not 
entitled to sick leave.
    (c) An agency may require an employee requesting sick leave to care 
for a family member under Sec.  630.401(a)(3)(ii) to provide an 
additional written statement from the health care provider concerning 
the family member's need for psychological comfort and/or physical 
care. The statement must certify that --
    (1) The family member requires psychological comfort and/or 
physical care;
    (2) The family member would benefit from the employee's care or 
presence; and
    (3) The employee is needed to care for the family member for a 
specified period of time.


Sec.  630.404  Use of sick leave during annual leave.

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


Sec.  630.405  Sick leave used in the computation of an annuity.

    Sick leave used in the computation of an annuity is charged against 
an employee's sick leave account and may not thereafter be used, 
transferred, or recredited. All sick leave to the credit of an employee 
as of the date of his or her retirement (or death) and reported to OPM 
for credit towards the calculation of an annuity is considered to have 
been used.

[[Page 1092]]

Sec.  630.406  Records on the use of sick leave.

    An agency must maintain records of the amount of sick leave used 
for family care purposes and to make arrangements for or attend the 
funeral of a family member under Sec.  630.401(a)(3) and (4). The 
records must be sufficient to ensure that employees do not exceed the 
limitations in Sec.  630.401(b) and (c).

Subpart E--Recredit of Leave


Sec.  630.501  Transferring annual and sick leave between agencies.

    When an employee transfers between positions under 5 U.S.C., 
chapter 63, subchapter I, the agency from which the employee transfers 
must certify the employee's annual and sick leave accounts to the 
employing agency for credit or charge. When an employee transfers 
between positions under 5 U.S.C., chapter 63, subchapter I, the gaining 
agency must convert his or her leave into the minimum increments that 
can be accommodated by the gaining agency.


Sec.  630.502  Transferring annual leave between different leave 
systems.

    (a) When annual leave is transferred between different leave 
systems under 5 U.S.C. 6308 or is recredited under a different leave 
system as the result of a refund under 5 U.S.C. 6306, 7 calendar days 
of annual leave are deemed equal to 5 workdays of annual leave.
    (b) When an employee of the U.S. Postal Service transfers without a 
break in service to a position under 5 U.S.C. chapter 63, subchapter I, 
the employing agency must transfer and credit his or her accumulated 
annual leave to the employee's annual leave account. If the total 
amount of transferred annual leave exceeds the maximum amount of annual 
leave limitations under 5 U.S.C. 6304(a), (c), or (f), the maximum 
annual the leave that may be transferred is limited to the employee's 
former maximum annual leave limitation at the U.S. Postal Service. The 
employee's maximum annual leave limitation is subject to reduction in 
the same manner as provided in 5 U.S.C. 6304(c) until the employee's 
annual leave account is equal to or less than the limitations under 5 
U.S.C. 6304(a), (b), or (f).
    (c) The annual leave of an employee employed by the U.S. House of 
Representatives or Senate or both may not be transferred to an 
executive branch agency.


Sec.  630.503  Transferring sick leave between different leave systems.

    (a) When sick leave is transferred between different leave systems 
under 5 U.S.C. 6308, 7 calendar days of sick leave are deemed equal to 
5 workdays of sick leave.
    (b) An employee who transfers to a position under a different leave 
system to which he or she may transfer only a part of his or her sick 
leave is entitled to a recredit of the untransferred sick leave 
(without regard to the date of the original transfer) if the employee 
returns to the leave system under which it was earned on or after 
December 2, 1994.
    (c) 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 (without regard to the date of the original 
transfer) if the employee returns to the leave system under which it 
was earned on or after December 2, 1994.
    (d) Except as provided in Sec.  630.405, when an employee of the 
U.S. Postal Service transfers without a break in service to a position 
under 5 U.S.C. chapter 63, subchapter I, the employing agency must 
transfer and credit the employee's accumulated sick leave to his or her 
sick leave account. If the employee has a break in service, he or she 
is entitled to a recredit of sick leave if he or she is employed in a 
position under 5 U.S.C. chapter 63, subchapter I.
    (e) The sick leave of an employee employed by the U.S. House of 
Representatives or Senate or both may not be transferred to an 
executive branch agency.


Sec.  630.504  Recrediting sick leave following a break in service.

    (a) Except as provided in Sec.  630.405 and in paragraph (b) of 
this section, an employee who has had a break in service is entitled to 
a recredit of sick leave (without regard to the date of his or her 
separation), if he or she returns to Federal employment on or after 
December 2, 1994, unless the sick leave was previously forfeited upon 
reemployment in the Federal Government before December 2, 1994.
    (b) Except as provided in Sec.  630.405, an employee of the 
government of the District of Columbia who was first employed by the 
government of the District of Columbia before October 1, 1987, who has 
had a break in service is entitled to a recredit of sick leave (without 
regard to the date of his or her separation) if he or she returns to 
Federal employment on or after December 2, 1994, unless the sick leave 
was previously forfeited upon reemployment in the Federal Government 
before December 2, 1994.
    (c) The recredit of sick leave under this section must be supported 
by written documentation available to the employing agency in the 
employee's official personnel records, the official records of the 
former employing agency, copies of contemporaneous earnings and leave 
statements provided by the employee, or copies of other contemporaneous 
written documentation acceptable to the agency.
    (d) The sick leave to be recredited under this section must have 
been accrued under 5 U.S.C. 6307 or transferred to an employee's sick 
leave account under 5 U.S.C. 6308 (or the corresponding provisions of 
prior statutes).


Sec.  630.505  Recrediting leave earned under a former leave system.

    An employee who earned leave under another leave system that was 
merged under 5 U.S.C. chapter 63, subchapter I, is entitled to a 
recredit of that leave under subchapter I if he or she would have been 
entitled to recredit for it on reentering the leave system under which 
it was earned. However, this section does not revive leave already 
forfeited.


Sec.  630.506  Treatment of leave account when an employee goes on 
active military duty.

    (a) When an employee leaves his or her civilian position to enter 
the military service, the employing agency must certify his or her 
annual and sick leave accounts for credit or charge. However, an 
employee entering the military service may choose to receive a lump-sum 
payment for unused annual leave under 5 CFR 550.1203(c).
    (b) If the employee returns to a civilian position following 
military service, the agency to which the employee returns must 
reestablish the certified annual and sick leave accounts as a credit or 
charge (without regard to the date he or she left the civilian 
position) when the employee is--
    (1) Restored in accordance with a right of restoration after 
separation from active military duty or hospitalization continuing 
thereafter as provided by law or in accordance with the mandatory 
provisions of a statute, Executive order, or regulation; or
    (2) Reemployed in a position under 5 U.S.C. chapter 63, subchapter 
I, on or after December 2, 1994.
    (c) For the purpose of documenting a returning employee's 
entitlement to a recredit of sick leave under this section, the 
employing agency must apply the documentation criteria established in 
Sec.  630.504(c).


Sec.  630.507  Restoration of leave following an appeal.

    When an employee is restored to duty as a result of an appeal, the 
agency must reestablish his or her leave account as a credit or charge 
as it was at the time of separation.

[[Page 1093]]

Subpart F--Home Leave


Sec.  630.601  Definitions.

    In this subpart:
    Home leave means leave authorized by 5 U.S.C. 6305(a) and earned by 
service abroad for use in the United States, the Commonwealth of Puerto 
Rico, or the territories or possessions of the United States.
    Month means a period which runs from a given day in 1 month through 
the date preceding the numerically corresponding day in the next month.
    Service abroad means service on and after September 6, 1960, by an 
employee at a post of duty outside the United States and outside the 
employee's place of residence if his place of residence is in the 
Commonwealth of Puerto Rico or a territory or possession of the United 
States.


Sec.  630.602  Coverage.

    An employee who is stationed overseas and meets the requirements of 
5 U.S.C. 6304(b) for the accumulation of a maximum of 45 days of annual 
leave earns and may be granted home leave in accordance with 5 U.S.C. 
6305(a) and this subpart.


Sec.  630.603  Computation of service abroad.

    (a) For the purpose of this subpart, service abroad--
    (1) Begins on the date of the employee's arrival at a post of duty 
outside the United States or on the date of his or her entrance on 
duty, when recruited abroad;
    (2) Ends on the date of the employee's departure from the post for 
separation or for assignment in the United States or on the date of his 
or her separation from duty, when separated abroad; and
    (3) Includes any absence in a nonpay status up to a maximum of 2 
workweeks within each 12 months of service abroad, authorized leave 
with pay, time spent in the Armed Forces of the United States which 
interrupts service abroad (but only for eligibility, not leave-earning, 
purposes), and any period on detail.
    (b) In computing service abroad, full credit is given for the day 
of arrival and the day of departure.


Sec.  630.604  Earning rates.

    (a) For each 12 months of service abroad, an employee earns home 
leave at the following rates:
    (1) An employee who accepts an appointment to or occupies a 
position for which the agency has prescribed the requirement that the 
incumbent accept assignments anywhere in the world as the needs of the 
agency dictate earns 15 days.
    (2) An employee who is serving with a U.S. mission to a public 
international organization earns 15 days.
    (3) An employee who is serving at a post for which payment of a 
foreign or nonforeign (but not a tropical) differential of 20 percent 
or more is authorized by law or regulation earns 15 days.
    (4) An employee who is not included in paragraph (a)(1), (2), or 
(3) of this section, but is serving at a post for which payment of a 
foreign or territorial (but not a tropical) differential of at least 10 
percent, but less than 20 percent, is authorized by law or regulation, 
earns 10 days.
    (5) An employee who is not included in paragraph (a)(1), (2), (3), 
or (4) of this section earns 5 days.
    (6) An employee who is included in paragraph (a)(1) through (5) of 
this section and whose civilian service abroad is interrupted by a tour 
of duty in the Armed Forces of the United States does not earn home 
leave for the duration of such tour.
    (b) An agency must credit home leave to an employee's leave 
account, as earned, in multiples of 1 day.


Sec.  630.605  Computing home leave.

    (a) For each month of service abroad, an employee earns home leave 
at the rates fixed by Sec.  630.604(a) in the amounts set forth in the 
following table:

                        Home Leave-Earning Table
                              [Days earned]
------------------------------------------------------------------------
                                       Earning rate (days for each 12
                                                  months)
     Months of service abroad     --------------------------------------
                                        15           10           5
------------------------------------------------------------------------
1................................            1            0            0
2................................            2            1            0
3................................            3            2            1
4................................            5            3            1
5................................            6            4            2
6................................            7            5            2
7................................            8            5            2
8................................           10            6            3
9................................           11            7            3
10...............................           12            8            4
11...............................           13            9            4
12...............................           15           10            5
------------------------------------------------------------------------

    (b) When an employee moves between different home leave-earning 
rates during a month of service abroad, or when a change in the 
differential during a month of service abroad results in a different 
home leave-earning rate, the agency must credit the employee with an 
amount of home leave for the month at the rate to which he or she was 
entitled before the change in his or her home leave-earning rate.


Sec.  630.606  Granting home leave.

    (a) Entitlement. Except as otherwise authorized by statute, an 
employee is entitled to use home leave only when he or she has 
completed a basic service period of 24 months of continuous service 
abroad. If the employee has a break in service of 1 or more workdays or 
an assignment (other than a detail) to a position in which he or she is 
no longer subject to 5 U.S.C. 6305(a), he or she must complete another 
basic service period of 24 continuous months before becoming entitled 
to use home leave.
    (b) Agency authority. Agencies have discretionary authority to 
grant home leave to an employee. An agency may grant home leave in 
combination with other leaves of absence in accordance with established 
agency policy.
    (c) Limitations. An agency may grant home leave only--
    (1) For use in the United States, the Commonwealth of Puerto Rico, 
or a

[[Page 1094]]

territory or possession of the United States; and
    (2) During an employee's period of service abroad, or within a 
reasonable period after his or her return from service abroad when it 
is contemplated that the employee will return to service abroad 
immediately or on completion of an assignment in the United States. 
Home leave not granted during the period of service abroad or within a 
reasonable period after the employee's return from service abroad may 
be granted only after the employee has completed a further substantial 
period of service abroad. This further substantial period of service 
abroad may not be shorter than the tour of duty prescribed for the 
employee's post of assignment. However, an agency may determine in an 
individual case that an earlier grant of home leave is warranted.
    (d) Charging of home leave. The minimum charge for home leave is 1 
day, and additional charges are in multiples thereof.
    (e) Refund for home leave. If an employee fails to return to 
service abroad after a period of home leave or after the completion of 
an assignment in the United States, he or she is indebted for the home 
leave he or she has used. However, an agency may not require a 
repayment of this debt for home leave when--
    (1) The employee has completed at least 6 months of service in an 
assignment in the United States following the period of home leave;
    (2) The agency determines that the employee's failure to return was 
due to compelling personal reasons of a humanitarian or compassionate 
nature, such as may involve physical or mental health or circumstances 
over which he or she has no control; or
    (3) The agency that granted the home leave determines that it is in 
the public interest not to return the employee to his or her overseas 
assignment.


Sec.  630.607  Transfer or recredit of home leave.

    An employee is entitled to have his or her home leave account 
transferred or recredited when he or she moves between agencies or is 
reemployed without a break in service of more than 90 days. An employee 
may not receive a lump-sum payment for unused home leave upon 
separation from Federal service.

Subpart G--Shore Leave


Sec.  630.701  Coverage.

    An employee, as defined in 5 U.S.C. 6301, is eligible to accrue 
shore leave if he or she is regularly assigned to duties aboard an 
oceangoing vessel. An employee is considered to be regularly assigned 
when his or her continuing duties are such that all or a significant 
part of them require him or her to serve aboard an oceangoing vessel. 
Temporary assignments of a shore-based employee, such as for limited 
work projects or for training, do not constitute a regular assignment.


Sec.  630.702  Definitions.

    Extended voyage means a voyage of not less than 7 consecutive 
calendar days duration.
    Oceangoing vessel means a vessel in use on the high seas or the 
Great Lakes, but does not include a vessel that 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 operation or outside the 3-nautical-mile 
limit.
    Shore leave means leave authorized by 5 U.S.C. 6305(c) and this 
subpart.
    Voyage means the sailing of an oceangoing vessel from one port and 
its return to that port or the final port of discharge.


Sec.  630.703  Earning shore leave.

    (a) An employee earns shore leave at the rate of 1 day of shore 
leave for each 15 calendar days of absence on one or more extended 
voyages.
    (b)(1) For an employee who is an officer or crewmember, a voyage 
begins on the date he or she assumes his or her duties aboard an 
oceangoing vessel to begin preparation for a voyage or on the date he 
or she comes aboard when a voyage is in progress. The voyage terminates 
on the date the employee ceases to be an officer or crewmember of the 
oceangoing vessel or on the date on which he or she is released from 
assigned duties relating to that voyage aboard the oceangoing vessel at 
the earlier of the employee's arrival at the port of origin or the port 
of final discharge.
    (2) For an employee other than an officer or crewmember, a voyage 
begins on the date of sailing and terminates on the date the oceangoing 
vessel returns to a port at which the employee will disembark in 
completion of his or her assignment aboard the vessel or on the date 
the employee is released from assigned duties aboard the vessel, 
whichever is earlier.
    (c) In computing days of absence, an agency must include--
    (1) The beginning date of a voyage and the termination date of a 
voyage;
    (2) The days an employee spends traveling to join an oceangoing 
vessel to which assigned when the vessel is at a place other than the 
port of origin;
    (3) The days an employee spends traveling between oceangoing 
vessels when he or she is assigned from one vessel to another;
    (4) The period representing the number of days within which an 
employee is reasonably expected to return to the port of origin when 
his or her oceangoing vessel's voyage is terminated, or the employee's 
employment as an officer or crewmember is terminated, at a port other 
than the port of origin;
    (5) For an employee who is an officer or crewmember, the days on 
which the employee is on sick leave when he or she becomes sick during 
a voyage (whether or not continued as a member of the crew), but not 
beyond the earlier of the termination date of the voyage of the 
oceangoing vessel or the date of the employee's repatriation to the 
port of origin;
    (6) For an employee who is other than an officer or crewmember, the 
days on which he or she is carried on sick leave, but not beyond the 
earlier of the date on which he or she returns to the port of origin or 
the termination date of the voyage; and
    (7) The days of approved leave from a vessel (paid or unpaid) 
during a voyage.


Sec.  630.704  Granting shore leave.

    (a) Authority. (1) An employee has an absolute right to use shore 
leave, subject to the right of the head of the agency to fix the time 
at which shore leave may be used.
    (2) An agency may grant shore leave during a voyage only when 
requested by an employee.
    (3) An employee must submit a written request to use shore leave. 
Whenever a request to use shore leave is denied, the agency must 
provide the employee with a written denial.
    (b) Accumulation. Shore leave is in addition to annual leave, and 
an employee may accumulate shore leave for future use without 
limitation.
    (c) Charge for shore leave. The minimum charge for shore leave is 1 
day, and additional charges are in multiples thereof.
    (d) Lump sum payment. An employee may not receive a lump-sum 
payment for unused shore leave when he or she separates from Federal 
service, except as provided in 5 U.S.C. 6305(c)(2).
    (e) Terminal leave. (1) Except as provided by paragraph (e)(2) of 
this

[[Page 1095]]

section, an agency may not grant shore leave to an employee as terminal 
leave. For the purpose of this paragraph, terminal leave is an approved 
absence immediately before an employee's separation when the agency 
knows the employee will not return to duty before the date of his or 
her separation.
    (2) An agency must grant shore leave as terminal leave when an 
employee's inability to use shore leave was because of circumstances 
beyond his or her control and not his or her own act or omission.
    (f) Forfeiture of shore leave. Shore leave is forfeited if it is 
not granted before separation from Federal service or official 
assignment (other than by temporary detail) to a position in which an 
employee does not earn shore leave. When an official assignment will 
result in forfeiture of shore leave, the agency must, to the extent 
administratively practicable, give the employee an opportunity to use 
the shore leave to his or her credit before the reassignment or, when 
the agency is unable to grant the shore leave before the reassignment, 
not later than 6 months after the date of the employee's reassignment.

Subpart H--Funeral Leave


Sec.  630.801  Purpose.

    This subpart and 5 U.S.C. 6326 authorize an agency to grant funeral 
leave to an employee in connection with the funeral of, or memorial 
service for, his or her immediate relative who died as a result of 
wounds, disease, or injury incurred while serving as a member of the 
Armed Forces in a combat zone.


Sec.  630.802  Coverage.

    This subpart applies to an employee, as defined in 5 U.S.C. 2105, 
who is employed by an executive agency, as defined in 5 U.S.C. 105.


Sec.  630.803  Definitions.

    In this subpart:
    Armed Forces means the Army, Navy, Air Force, Marine Corps, and 
Coast Guard.
    Combat zone means those areas determined by the President in 
accordance with section 112 of the Internal Revenue Code.
    Funeral leave means leave authorized by 5 U.S.C. 6326 and this 
subpart.
    Immediate relative means the following relatives of the deceased 
member of the armed forces:
    (1) Spouse, and parents thereof;
    (2) Children, including adopted children, and spouses thereof;
    (3) Parents;
    (4) Brothers and sisters, and spouses thereof; and
    (5) Any individual related by blood or affinity whose close 
association with the deceased was the equivalent of a family 
relationship.


Sec.  630.804  Granting funeral leave.

    (a) An agency must grant an employee up to 3 workdays of funeral 
leave without loss of pay, charge to leave to which the employee is 
otherwise entitled, or loss of credit for time or service and without 
adversely affecting his or her performance or efficiency rating. 
Funeral leave is granted to allow an employee to make arrangements for 
or to attend the funeral or memorial service for an immediate relative 
who died as the result of a wound, disease, or injury incurred while 
serving as a member of the Armed Forces in a combat zone. The 3 days 
need not be consecutive, but if not, the employee must furnish the 
approving authority with satisfactory reasons justifying a grant of 
funeral leave for nonconsecutive days.
    (b) An agency may grant funeral leave only from an established tour 
of duty, including regularly scheduled overtime.

Subpart I--Voluntary Leave Transfer Program


Sec.  630.901  Purpose.

    This subpart sets forth procedures and requirements for a voluntary 
leave transfer program under which the unused accrued annual leave of 
one agency employee or officer may be transferred for use by another 
agency employee or officer who needs such leave because of a medical 
emergency. This subpart implements the provisions of 5 U.S.C., chapter 
63, subchapter III, and must be read together with those provisions of 
law.


Sec.  630.902  Coverage.

    Employees and officers to whom the definition of employee under 5 
U.S.C. 6301 applies are covered by the voluntary leave transfer 
program.


Sec.  630.903  Definitions.

    In this subpart:
    Agency means--
    (a) An executive agency, as defined in 5 U.S.C. 105;
    (b) A military department, as defined in 5 U.S.C. 102; or
    (c) Any other entity of the Federal Government that employs 
officers or employees to whom the definition of employee under 5 U.S.C. 
6301 applies. Except as provided in Sec.  630.922, it does not include 
the Central Intelligence Agency; the Defense Intelligence Agency; the 
National Security Agency; the Federal Bureau of Investigation; or any 
other executive agency or unit thereof, as determined by the President, 
whose principal function is the conduct of foreign intelligence or 
counterintelligence activities.
    Available paid leave means accrued or accumulated annual or sick 
leave under 5 U.S.C. 6302-6304 and 6307 and recredited and restored 
annual or sick leave under subpart C or E of this part. If the medical 
emergency involves a family member of the employee, his or her 
available paid leave includes that amount of sick leave which he or she 
is entitled to use to care for a family member under Sec.  630.401. 
Available paid leave does not include annual or sick leave advanced to 
an employee under 5 U.S.C. 6302(d) or 6307(d) or any annual or sick 
leave accrued under Sec.  630.915 that has not been transferred to the 
appropriate leave account under Sec.  630.917.
    Employee has the meaning given that term in 5 U.S.C. 6301(2), but 
does not include an individual employed by the government of the 
District of Columbia.
    Family member means the following relatives of the employee:
    (1) Spouse, and parents thereof;
    (2) Children, including adopted children, and spouses thereof;
    (3) Parents;
    (4) Brothers and sisters, and spouses thereof; and
    (5) Any individual related by blood or affinity whose close 
association with the employee is the equivalent of a family 
relationship.
    Healthcare provider has the meaning given that term in Sec.  
630.1204.
    Leave donor means an employee whose voluntary written request for 
transfer of annual leave to the annual leave account of a leave 
recipient is approved by his or her own employing agency.
    Leave recipient means a current employee for whom the employing 
agency has approved an application to receive annual leave from the 
annual leave accounts of one or more leave donors.
    Medical emergency means a serious health condition, as that term is 
defined in Sec.  630.1204, which affects an employee or a family member 
of such employee and is likely to require the employee's absence from 
duty for a prolonged period of time and to result in a substantial loss 
of income to the employee because of the unavailability of paid leave.
    Paid leave status means the administrative status of an employee 
while the employee is using annual or sick leave accrued or accumulated 
under 5 U.S.C. 6302-6304 and 6307.
    Shared leave status means the administrative status of an employee

[[Page 1096]]

while the employee is using transferred leave under this subpart or 
leave transferred from a leave bank under subpart J of this part.
    Transferred leave means donated annual leave credited to an 
approved leave recipient's annual leave account.


Sec.  630.904  Administration.

    Each Federal agency must establish and administer procedures to 
permit the voluntary transfer of annual leave consistent with this 
subpart.


Sec.  630.905  Uncommon tour of duty.

    An agency having employees who earn and use annual leave on the 
basis of an uncommon tour of duty, as that term is defined in Sec.  
630.201, must establish procedures for administering the transfer of 
annual leave to or from such employees under this subpart. Those 
procedures must be based on the ``directly proportional'' rules the 
agency uses to determine rates of leave accrual under 5 CFR 630.204.


Sec.  630.906  Application to become a leave recipient.

    (a) An employee must make written application to his or her 
employing agency to become a leave recipient. If the employee is not 
capable of making application, a personal representative may make 
written application on his or her behalf. An agency may establish a 
time limit during which an employee must make a written application to 
become a leave recipient following the termination of a medical 
emergency.
    (b) The following information must accompany an application for 
donated leave:
    (1) The employee's name, position title, and grade or pay level;
    (2) The reasons transferred leave is needed, including a brief 
description of the nature, severity, and anticipated duration of the 
medical emergency, and if it is a recurring one, the approximate 
frequency of the medical emergency affecting the employee;
    (3) Certification from one or more healthcare providers, with 
respect to the medical emergency, if the employing agency so requires;
    (4) The date the medical emergency terminated, if the employee is 
applying to become a leave recipient after the medical emergency has 
terminated; and
    (5) Any additional information required by the employing agency.
    (c) If an employee is required to obtain certification from two or 
more healthcare providers under paragraph (b)(3) of this section, the 
employing agency must ensure, by direct payment to the healthcare 
provider involved or by reimbursement, that the employee is not 
required to pay for the expenses associated with obtaining 
certification from more than one healthcare provider.


Sec.  630.907  Approval of an application to become a leave recipient.

    (a) The potential leave recipient's employing agency must review an 
application to become a leave recipient under procedures established by 
the agency for the purpose of determining that the employee is or has 
been affected by a medical emergency.
    (b) Before approving an employee's application to become a leave 
recipient, the employing agency must determine that his or her absence 
from duty without available paid leave because of the medical emergency 
is (or is expected to be) at least 24 hours (or, in the case of a part-
time employee or an employee with an uncommon tour of duty, at least 30 
percent of the average number of hours in the employee's biweekly 
scheduled tour of duty).
    (c) In making a determination as to whether a medical emergency is 
likely to result in a substantial loss of income because of the 
unavailability of paid leave, an agency may not consider an employee's 
grade or pay level or financial status.


Sec.  630.908  Notification of approval of an application.

    If an employee's application to become a leave recipient is 
approved, the employing agency must notify the employee (or the 
personal representative who made application on the employee's behalf) 
within 10 calendar days (excluding Saturdays, Sundays, and legal public 
holidays) after the date the application was received, that--
    (a) The application has been approved; and
    (b) Other employees of the employing agency may request the 
transfer of their annual leave to the employee's leave account.


Sec.  630.909  Disapproval of an application to become a leave 
recipient.

    If an employee's application to become a leave recipient is not 
approved, the employing agency must notify the employee (or his or her 
personal representative who made application on the employee's behalf) 
within 10 calendar days (excluding Saturdays, Sundays, and legal public 
holidays) after the date the application was received, that--
    (a) The application has not been approved, and
    (b) The reasons for its disapproval.


Sec.  630.910  Donating annual leave through a leave transfer program.

    (a) A leave donor may submit a voluntary written request to his or 
her employing agency that a specified number of hours of the donor's 
accrued annual leave, including annual leave restored under 5 U.S.C. 
6304(d) and 5596(b)(1)(B)(i), but excluding annual leave advanced to 
the employee under 5 U.S.C. 6302(d) and Sec.  630.210(a), be 
transferred from his or her annual leave account to the annual leave 
account of a specified leave recipient. Except as provided in Sec.  
630.911, annual leave may be transferred only to an approved leave 
recipient employed by the donor's employing agency.
    (b) An employee who transfers to a position excepted from 5 U.S.C. 
chapter 63, subchapter I, by 5 U.S.C. 6301(2)(x)-(xii) may submit a 
voluntary written request to his or her employing agency that a 
specified number of hours of his or her accrued or accumulated annual 
leave that is being held in abeyance be transferred from his or her 
annual leave account to the annual leave account of a specified leave 
recipient. Except as provided in Sec.  630.911, annual leave may be 
transferred only to a leave recipient employed by the leave donor's 
employing agency.
    (c) Except as provided in Sec.  630.913, and subject to the 
limitations on the amount of annual leave that may be donated by a 
leave donor under Sec.  630.912, all or any portion of the annual leave 
the donor requested under paragraph (a) of this section may be 
transferred to the annual leave account of the specified leave 
recipient under procedures established by his or her employing agency.


Sec.  630.911  Donation of leave to an employee in a different agency.

    (a) If a leave donor wishes to donate annual leave to an approved 
leave recipient in another agency, the donor's agency must verify the 
availability of annual leave in his or her annual leave account, 
determine that the amount of annual leave to be donated does not exceed 
the limitations in Sec.  630.912, and ascertain that the leave 
recipient's employing agency has made the determination required by 
paragraph (b) of this section. Upon satisfying these requirements, the 
donor's agency must--
    (1) Reduce the amount of annual leave credited to the donor's 
annual leave account, as appropriate; and
    (2) Notify the approved leave recipient's employing agency in 
writing of the amount of annual leave to be credited to his or her 
annual leave account.

[[Page 1097]]

    (b) The employing agency of an approved leave recipient must accept 
the transfer of annual leave from leave donors employed by one or more 
other agencies when--
    (1) The leave recipient has a family member employed by another 
agency who requests the transfer of annual leave to him or her;
    (2) In the judgment of the employing agency, the amount of annual 
leave transferred from leave donors employed by the employing agency 
may not be sufficient to meet the employee's needs; or
    (3) In the judgment of the employing agency, acceptance of leave 
transferred from another agency would further the purpose of the 
voluntary leave transfer program.


Sec.  630.912  Limitations on the amount of annual leave that may be 
donated through a leave transfer program.

    (a) In any one leave year, a leave donor may donate no more than a 
total of 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.
    (b) If a leave donor is projected to have annual leave that 
otherwise would be subject to forfeiture at the end of the leave year 
under 5 U.S.C. 6304(a), the maximum amount of annual leave that may be 
donated during the leave year is the lesser of--
    (1) One-half of the amount of annual leave the donor would be 
entitled to accrue during the leave year in which the donation is made; 
or
    (2) The number of hours remaining in the leave year (as of the date 
of the transfer) for which the donor is scheduled to work and receive 
pay, excluding any period of paid or unpaid leave.
    (c) In any one leave year, an employee who transfers to a position 
excepted from 5 U.S.C. chapter 63, subchapter I, by 5 U.S.C. 
6301(2)(x)-(xii) may donate not more than a total of one-half of the 
amount of annual leave he or she was entitled to accrue in the leave 
year in effect prior to transfer to the excepted position.
    (d) An agency may waive the limitations on donating annual leave in 
paragraphs (a), (b), and (c) of this section by establishing written 
criteria for such waivers. All waivers must be documented in writing.
    (e) The limitations in this section apply to the total amount of 
annual leave donated or contributed under subparts I and J of this part 
(the voluntary leave transfer and leave bank programs).


Sec.  630.913  Prohibition against donation of leave to an immediate 
supervisor.

    An employee may not donate annual leave to his or her immediate 
supervisor.


Sec.  630.914  Restrictions on the use of transferred annual leave by a 
leave recipient.

    (a) A leave recipient may use annual leave transferred to his or 
her annual leave account only for the purpose of the medical emergency 
for which the recipient was approved. An approved leave recipient who 
has received an official notice of leave restriction from his or her 
agency is subject to the terms and conditions of the leave restriction 
notice when requesting and using donated annual leave under this 
subpart.
    (b) Except as provided in Sec.  630.915(b), in each biweekly pay 
period during which a leave recipient is affected by a medical 
emergency, he or she must use any accrued annual leave, and sick leave, 
if applicable, before using transferred annual leave.
    (c) The approval and use of transferred annual leave is subject to 
all of the conditions and requirements imposed by 5 U.S.C. 6302-6304, 
this part, and the employing agency on the approval and use of annual 
leave accrued under 5 U.S.C. 6303, except that transferred annual leave 
may accumulate without regard to the limitation imposed by 5 U.S.C. 
6304.
    (d) A leave recipient may choose to substitute transferred annual 
leave retroactively for any period of leave without pay or use it to 
liquidate any indebtedness for any period of advanced annual or sick 
leave that began on or after the date fixed by the employing agency as 
the beginning of the medical emergency.
    (e) A leave recipient may not--
    (1) Transfer the leave he or she receives to another leave 
recipient;
    (2) Receive a lump-sum payment for transferred leave under 5 U.S.C. 
5551 or 5552; or
    (3) Receive recredit under 5 U.S.C. 6306 for the transferred leave 
upon reemployment by a Federal agency.
    (f) An agency may establish a maximum period of time, not less than 
6 months, during which a qualified employee may continue to be an 
approved leave recipient under subparts I and J of this part (the 
voluntary leave transfer and leave bank programs) for any particular 
medical emergency. When an employee is approved as a leave transfer 
recipient, an agency which has established such a time limit must 
provide the leave recipient with written notification of the maximum 
period of time for which an employee may continue to be an approved 
leave recipient.


Sec.  630.915  Accrual of leave in set-aside accounts while using 
donated leave.

    (a) An agency must credit any annual or sick leave a leave 
recipient accrues while using transferred leave under this section and 
Sec.  630.1013 to a set-aside annual or sick leave account, as 
appropriate, that is separate from any leave account under 5 U.S.C. 
6302-6304 and 6307.
    (b) Any annual and sick leave an employee accrues in his or her 
set-aside accounts while using transferred leave may not become 
available for his or her use and may not otherwise be taken into 
account under 5 U.S.C. 6302-6304 until it is transferred to the 
appropriate annual and sick leave accounts under 5 U.S.C. 6303, as 
provided in Sec.  630.917.


Sec.  630.916  Limitations on the accrual of annual and sick leave in 
set-aside accounts while using donated leave.

    Except as otherwise provided in Sec.  630.918, while an employee is 
in a shared leave status as a leave recipient, annual and sick leave 
must accrue to his or her credit at the same rate as if he or she were 
in a paid leave status under 5 U.S.C. 6303, 6304, and 6307, except 
that--
    (a) The total amount of annual leave a leave recipient may accrue 
while in a shared leave status under Sec. Sec.  630.915 and 630.1013 in 
connection with any particular medical emergency may not exceed 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 in the employee's 
weekly scheduled tour of duty); and
    (b) The total amount of sick leave a leave recipient may accrue 
while in a shared leave status under Sec. Sec.  630.915 and 630.1013 in 
connection with any particular medical emergency may not exceed 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 in the employee's 
weekly scheduled tour of duty).


Sec.  630.917  Using annual and sick leave in set-aside accounts.

    Any annual or sick leave an employee accrues in his or her set-
aside accounts as a leave recipient under subparts I and J of this part 
(the voluntary leave transfer and leave bank programs), must be 
transferred to the employee's annual or sick leave account, as 
appropriate, under 5 U.S.C. 6303 and 6307 and must become available for 
use--
    (a) As of the beginning of the first pay period beginning on or 
after the date the

[[Page 1098]]

medical emergency terminates, as prescribed in Sec.  630.920(a)(2) or 
(3); or
    (b) Once the employee has exhausted all leave made available under 
5 CFR subparts I or J (the voluntary leave transfer and leave bank 
programs), if the medical emergency has not yet terminated. If annual 
or sick leave accrued in the set-aside accounts under Sec.  630.915 is 
transferred to the employee's appropriate leave account under 5 U.S.C. 
chapter 63, subchapter I, before the set-aside accounts have reached 
their maximum limits under Sec.  630.916, annual leave and sick leave 
will continue to accrue in the set-aside accounts, in the event the 
leave recipient receives and uses additional donated leave, until the 
total amount accrued during the particular medical emergency has 
reached the maximum limit of 40 hours of annual leave and 40 hours of 
sick leave.


Sec.  630.918  Accrual of leave in set-aside accounts when annual and 
sick leave have been advanced at the beginning of a leave year.

    If, at the beginning of a leave year, an employing agency advances 
the amount of annual leave an employee normally would accrue during the 
entire leave year under 5 U.S.C. 6302(d)--
    (a) The employing agency must establish procedures to ensure 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 in his or her 
weekly scheduled tour of duty) of annual leave is placed in a separate 
set-aside annual leave account and made available for the leave 
recipient's use as described in Sec.  630.917; and
    (b) The leave recipient may continue to accrue annual leave while 
in a shared leave status to the extent necessary for the purpose of 
reducing any indebtedness caused by the use of annual leave advanced at 
the beginning of the leave year.


Sec.  630.919  Terminating set-aside accounts when a leave recipient is 
terminated from Federal service.

    If a leave recipient is terminated from Federal service as 
described in Sec.  630.920(a)(1) or Sec.  630.1014(a), he or she may 
not receive credit or lump-sum payment for any leave accrued in the 
set-aside accounts under Sec. Sec.  630.915 or 630.1013, and the 
employing agency must terminate the set-aside accounts.


Sec.  630.920  Termination of a medical emergency.

    (a) A leave recipient's medical emergency terminates--
    (1) When his or her Federal service terminates;
    (2) At the end of the biweekly pay period in which the employing 
agency receives written notice from the employee or his or her personal 
representative that the employee is no longer affected by a medical 
emergency;
    (3) At the end of the biweekly pay period in which the employing 
agency determines that the employee is no longer affected by a medical 
emergency, after giving the employee (or, if appropriate, his or her 
personal representative) written notice and giving the employee (or, if 
appropriate, his or her personal representative) an opportunity to 
answer orally or in writing; or
    (4) At the end of the biweekly pay period in which the employing 
agency receives notice that OPM has approved the employee's application 
for disability retirement under the Civil Service Retirement System or 
the Federal Employees' Retirement System.
    (b) The employing agency must continuously monitor the status of 
the medical emergency affecting a leave recipient to ensure that he or 
she continues to be affected by a medical emergency.
    (c) When the medical emergency affecting an employee terminates, no 
further requests for transfer of annual leave to him or her may be 
granted, and any unused transferred annual leave remaining to the 
employee's credit must be restored to the leave donors under Sec.  
630.921.
    (d) An agency may deem a medical emergency to continue for the 
purpose of providing an employee with an adequate period of time within 
which to receive donations of annual leave.


Sec.  630.921  Restoration of unused transferred annual leave to leave 
donors.

    (a) When a medical emergency terminates, any transferred annual 
leave remaining to the credit of a leave recipient must be credited to 
the annual leave accounts of leave donors who, on the date leave 
restoration is made, are employed by a Federal agency and subject to 5 
U.S.C. chapter 63. The employing agency must establish procedures for 
restoring such unused transferred leave (as provided in paragraphs (b) 
and (c) of this section and to the extent administratively feasible) by 
transfer to the annual leave accounts of the leave donors who, on the 
date leave restoration is made, are employed by a Federal agency and 
subject to 5 U.S.C. chapter 63.
    (b) The amount of unused transferred annual leave to be restored to 
each leave donor must 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) Round the result obtained in paragraph (b)(2) of this section 
to the nearest increment of time, either one-tenth of an hour (6 
minutes) or one-quarter of an hour (15 minutes), as established by the 
leave donor's employing agency to account for annual leave.
    (c) If the total number of eligible leave donors exceeds the total 
number of hours of annual leave to be restored, no unused transferred 
annual leave may be restored. In no case may the amount of annual leave 
restored to a leave donor exceed the amount donated by the leave donor 
to the leave recipient.
    (d) If the leave donor retires from Federal service, dies, or is 
otherwise separated from Federal service before the date unused 
transferred annual leave can be restored, the employing agency of the 
leave recipient may not restore the unused transferred annual leave.
    (e) At the election of a leave donor, unused transferred annual 
leave restored under paragraph (a) of this section may be restored by--
    (1) Crediting the restored annual leave to his or her annual leave 
account in the current leave year;
    (2) Crediting the restored annual leave to his or her annual leave 
account effective as of the first day of the first leave year beginning 
after the date of election;
    (3) Donating such leave in its entirety to another leave recipient; 
or
    (4) Donating such leave in part to another leave recipient and 
electing to have the remaining unused transferred leave credited to his 
or her account under paragraphs (e)(1) or (e)(2) of this section.
    (f) Transferred annual leave restored to a leave donor under 
paragraph (e)(1) or (e)(2) of this section is subject to the limitation 
imposed by 5 U.S.C. 6304(a) at the end of the leave year in which the 
restored leave is credited to the leave donor's annual leave account.
    (g) If a leave recipient elects to buy back annual leave as a 
result of a claim for an employment-related injury approved by the 
Office of Workers' Compensation Programs under 20 CFR part 10, and the 
annual leave was leave transferred under Sec.  630.910, the amount of 
annual leave bought back must be restored to the leave donor(s).

[[Page 1099]]

Sec.  630.922  Participation by an excepted agency.

    (a) The head of an agency excepted from these regulations under 5 
U.S.C. 6339(a)(1) may, at his or her sole discretion, establish a 
program under which an individual employed in or under such excepted 
agency may participate in a leave transfer program established under 
the provisions of this subpart, including provisions permitting the 
transfer of annual leave accrued or accumulated by such employee to, or 
permitting such employee to receive transferred leave from, an employee 
of any other agency (including another excepted agency having a program 
under this subpart).
    (b) An excepted agency choosing to participate in a leave transfer 
program established under this subpart may develop a policy that 
includes provisions that protect the anonymity of its employees. Leave 
transferred to and from employees of such excepted agencies must be 
accepted by other agencies (including another excepted agency having a 
program under this subpart), regardless of whether the donating 
employee is identified.


Sec.  630.923  Records.

    An agency must record the status of a current leave recipient under 
the voluntary leave transfer program when he or she transfers to 
another Federal agency without a break in service. The employing agency 
from which the leave recipient is transferring must document and 
forward the following information to the new employing agency:
    (a) The dates the medical emergency began and terminated (if 
applicable);
    (b) The date the employee was approved to become a leave recipient;
    (c) The effective date of the transfer; and
    (d) The hours of donated annual leave received, used, and remaining 
at the time the leave recipient transfers to the new employing agency.

Subpart J--Voluntary Leave Bank Program


Sec.  630.1001  Purpose.

    This subpart establishes procedures and requirements for a 
voluntary leave bank program under which the unused accrued annual 
leave of an employee or officer may be contributed to a leave bank for 
use by a leave bank member who needs such leave because of a medical 
emergency. This subpart implements the provisions of 5 U.S.C., chapter 
63, subchapter IV, and must be read together with those provisions of 
law.


Sec.  630.1002  Coverage.

    This subpart applies to employees and officers--
    (a) To whom the definition of employee under U.S.C. 6301 applies; 
and
    (b) Who are employed in agencies and their organizational subunits 
operating a voluntary leave bank program under this subpart.


Sec.  630.1003  Definitions.

    In this subpart:
    Agency has the meaning given that term in Sec.  630.903.
    Available paid leave has the meaning given that term in Sec.  
630.903.
    Employee has the meaning given that term in Sec.  630.903.
    Family member has the meaning given that term in Sec.  630.903.
    Healthcare provider has the meaning given that term in Sec.  
630.1204.
    Leave bank means a pooled fund of annual leave established by an 
agency under Sec.  630.1004.
    Leave bank contributor means an employee who contributes annual 
leave to a leave bank under Sec.  630.1008.
    Leave bank member means a leave bank contributor who has 
contributed, in an open enrollment period (or individual enrollment 
period, as applicable) of the current leave year, at least the minimum 
amount of annual leave required by Sec.  630.1007.
    Leave recipient means a leave bank member whose application to 
receive contributions of annual leave from a leave bank has been 
approved under Sec.  630.1011.
    Medical emergency has the meaning given that term in Sec.  630.903.
    Paid leave status has the meaning given that term in Sec.  630.903.
    Shared leave status has the meaning given that term in Sec.  
630.903.


Sec.  630.1004  Establishing and operating leave banks.

    (a) An agency participating in the voluntary leave bank program 
must--
    (1) Develop written policies and procedures for establishing and 
administering leave banks and leave bank boards consistent with this 
subpart;
    (2) Establish one or more leave bank boards to perform the duties 
authorized by this subpart; and
    (3) Establish and begin operating one or more leave banks.
    (b) Annual leave may not be borrowed, contributed, or otherwise 
transferred between leave banks, except as provided in Sec.  630.1106.


Sec.  630.1005  Operation of a leave bank board.

    (a) Each leave bank board must consist of three members. At least 
one member must represent a labor organization or employee group.
    (b) Each leave bank board must--
    (1) Establish its internal decision-making procedures;
    (2) Review and approve or disapprove each application to become a 
leave contributor under Sec. Sec.  630.1006 and 630.1008 and a leave 
recipient under Sec. Sec.  630.1010 and 630.1011;
    (3) Monitor the status of each leave recipient's medical emergency;
    (4) Monitor the amount of leave in the leave bank and the number of 
applications to become a leave recipient;
    (5) Maintain an adequate amount of annual leave in the leave bank 
to the greatest extent practicable in accordance with Sec.  630.1007; 
and
    (6) Perform other functions prescribed in this subpart.
    (c) No more than one leave bank board may be established for each 
leave bank.
    (d) An agency having employees who earn and use annual leave on the 
basis of an uncommon tour of duty must establish procedures for 
administering the contribution and withdrawal of annual leave by such 
employees under this subpart.


Sec.  630.1006  Application to become a leave bank member.

    (a) An employee may become a leave bank member for a particular 
leave year if he or she submits an application that meets the 
requirements of this section and Sec.  630.1007 during an open 
enrollment period established by the leave bank board under paragraphs 
(b) and (c) of this section (or, where applicable, during an individual 
enrollment period established under paragraph (d) of this section).
    (b) A leave bank board must establish at least one open enrollment 
period for each leave year of leave bank operation.
    (c) An open enrollment period must last at least 30 calendar days. 
An agency must take appropriate action to inform employees of each open 
enrollment period.
    (d) If an employee is entering the agency or participating 
organizational subunit or returning from an extended absence outside an 
open enrollment period, he or she may become a leave bank member for 
the current leave year by submitting an application meeting the 
requirements of this section during an individual enrollment period 
lasting at least 30 calendar days, beginning on the date the employee 
entered or returned to the agency or organizational subunit.

[[Page 1100]]

Sec.  630.1007  Minimum contribution of a leave bank member.

    (a) Except as provided in paragraph (b) of this section, the 
minimum contribution of annual leave required to become a leave bank 
member for a leave year is--
    (1) Four hours of annual leave for an employee who has less than 3 
years of service at the time he or she submits an application to 
contribute annual leave;
    (2) Six hours of annual leave for an employee who has at least 3, 
but less than 15, years of service at the time he or she submits an 
application to contribute annual leave; and
    (3) Eight hours of annual leave for an employee who has 15 or more 
years of service at the time he or she submits an application to 
contribute annual leave.
    (b) A leave bank board may--
    (1) Decrease the minimum contribution required by paragraph (a) of 
this section for the following leave year when the board determines 
that there is a surplus of leave in the bank;
    (2) Increase the minimum contribution required by paragraph (a) of 
this section for the following leave year when the board determines 
that such action is necessary to maintain an adequate balance of annual 
leave in the leave bank; or
    (3) Eliminate the requirement for a minimum contribution under 
paragraph (a) of this section when a leave bank member transfers within 
his or her employing agency to an organization covered by a different 
leave bank.
    (c) If a leave recipient does not have sufficient available accrued 
annual leave to his or her credit to make the full minimum contribution 
required by this section, he or she must be deemed to have made the 
minimum contribution.
    (d) A leave bank board must deposit all contributions of annual 
leave under this subpart in the leave bank.
    (e) A leave bank member may apply to contribute additional annual 
leave at any time.


Sec.  630.1008  Application to become a leave bank contributor.

    (a) An employee may make voluntary written application to the leave 
bank board to become a leave bank contributor at any time. The leave 
contributor must specify on the application the number of hours of his 
or her accrued annual leave, including annual leave restored under 5 
U.S.C. 6304(d) and 5596(b)(1)(B)(i), but excluding annual leave 
advanced under 5 U.S.C. 6302(d) and 5 CFR 630.210(a), to be contributed 
and any other information the leave bank board may reasonably require.
    (b) An employee may request that annual leave be contributed to a 
specified bank member other than his or her immediate supervisor.
    (c) Except as provided in Sec.  630.1019(c), a leave bank board may 
not return a contribution of annual leave to a leave contributor after 
deposit in the leave bank.


Sec.  630.1009  Maximum limitation on contribution of annual leave to a 
leave bank.

    (a) In any one leave year, a leave contributor may contribute no 
more than a total of one-half of the amount of annual leave he or she 
would be entitled to accrue during the leave year in which the 
contribution is made.
    (b) If a leave contributor is projected to have annual leave that 
otherwise would be subject to forfeiture at the end of the leave year 
under 5 U.S.C. 6304(a), the maximum amount of annual leave he or she 
may contribute during the leave year is the lesser of--
    (1) One-half of the amount of annual leave the employee would be 
entitled to accrue during the leave year in which the contribution is 
made; or
    (2) The number of hours remaining in the leave year (as of the date 
of the contribution) for which the employee is scheduled to work and 
receive pay (excluding any periods of paid or unpaid leave).
    (c) An agency may waive the limitations on donating annual leave 
under paragraphs (a) and (b) of this section by establishing written 
criteria permitting the leave bank board to approve such waivers. All 
waivers must be documented in writing.
    (d) The limitations in this section apply to the total amount of 
annual leave donated or contributed under subparts I and J of this part 
(the voluntary leave transfer and leave bank programs).


Sec.  630.1010  Application to become a leave recipient under a leave 
bank.

    (a) A leave bank member may make written application to the leave 
bank board to become a leave recipient. If the leave bank member is not 
capable of making application on his or her own behalf, a personal 
representative may make written application on his or her behalf.
    (b) For a medical emergency that has terminated, a leave bank board 
may establish a maximum period during which it will accept a leave bank 
member's written application to become a leave recipient following the 
termination of the medical emergency.
    (c) A leave bank member's application to become a leave recipient 
must be accompanied by the following information:
    (1) The leave bank member's name, position title, and grade or pay 
level;
    (2) The reasons leave is needed, including a brief description of 
the nature, severity, anticipated duration, and if it is a recurring 
one, the approximate frequency of the medical emergency affecting the 
leave bank member;
    (3) The date the medical emergency terminated if the leave bank 
member is applying to become a leave recipient after the medical 
emergency has terminated.
    (4) Certification from one or more healthcare providers, with 
respect to the medical emergency, if the leave bank board so requires; 
and
    (5) Any additional information that may be required by the leave 
bank board.
    (d) If the leave bank board requires a leave bank member to submit 
certification from two or more sources under paragraph (c)(4) of this 
section, the agency must ensure, either by direct payment to the 
healthcare provider involved or by reimbursement, that the leave bank 
member is not required to pay for the expenses associated with 
obtaining certification from more than one source.


Sec.  630.1011  Approval of a leave recipient under a leave bank 
program.

    (a) The leave bank board must review an employee's application to 
become a leave recipient under procedures established by the agency for 
the purpose of determining whether the employee is a leave bank member 
who is or has been affected by a medical emergency that is likely to 
result in a substantial loss of income.
    (b) Before approving an application to become a leave recipient, 
the leave bank board must determine that the employee's absence from 
duty without available paid leave because of the medical emergency is 
(or is expected to be) at least 24 hours (or, in the case of a part-
time employee or an employee with an uncommon tour of duty, at least 30 
percent of the average number of hours in the employee's biweekly 
scheduled tour of duty).
    (c) An agency may not consider an employee's grade or pay level or 
financial status in making a determination as to whether the medical 
emergency is likely to result in a substantial loss of income because 
of the unavailability of paid leave.
    (d) The leave bank board must provide timely written notification 
to the applicant of the action taken on the application. If the leave 
bank board disapproves the application, notification

[[Page 1101]]

must include the reasons for disapproval.


Sec.  630.1012  Restrictions on the use of annual leave withdrawn from 
a leave bank.

    (a) A leave recipient may use annual leave withdrawn from a leave 
bank only for the purpose of the medical emergency for which the leave 
recipient was approved. An approved leave recipient who has received an 
official notice of leave restriction from his or her agency is subject 
to the terms and conditions of the leave restriction notice when 
requesting and using donated annual leave under this subpart.
    (b) Except as provided in Sec.  630.1013, in each biweekly pay 
period during which a leave recipient is affected by a medical 
emergency, he or she must use any accrued annual leave (and sick leave, 
if applicable) before using annual leave withdrawn from a leave bank.
    (c) The approval and use of annual leave withdrawn from a leave 
bank is subject to all of the conditions and requirements imposed by 5 
U.S.C. 6302-6304, this part, and the agency on the approval and use of 
annual leave accrued under 5 U.S.C. 6303, except that annual leave 
withdrawn from a leave bank may accumulate without regard to any 
limitation imposed by 5 U.S.C. 6304(a).
    (d) Annual leave withdrawn from a leave bank may be substituted 
retroactively for any period of leave without pay or used to liquidate 
an indebtedness for any period of advanced leave that began on or after 
the date fixed by the leave bank board as the beginning of the medical 
emergency.
    (e) Annual leave withdrawn from a leave bank may not be--
    (1) Transferred to another leave recipient;
    (2) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552; or
    (3) Made available for recredit under 5 U.S.C. 6306 upon 
reemployment by a Federal agency.
    (f) An agency may establish a maximum period of time, not less than 
6 months, during which an employee may continue to be an approved leave 
recipient under subparts I and J of this part (the voluntary leave 
transfer and leave bank programs) for any particular medical emergency. 
An agency which has established such a time limitation must provide the 
leave recipient with written notification of the maximum continuous 
period of time for which an employee may continue to be an approved 
leave recipient.


Sec.  630.1013  Accrual and use of leave in set-aside accounts under a 
leave bank program.

    When an employee is receiving donated leave from a leave bank, 
annual leave and sick leave will accrue to his or her credit as 
provided in Sec. Sec.  630.915, 630.916, and 630.918 and will become 
available for his or her use as provided in Sec. Sec.  630.917 and 
630.919.


Sec.  630.1014  Termination of a medical emergency under the leave bank 
program.

    A leave recipient's medical emergency terminates--
    (a) When his or her Federal service terminates;
    (b) When he or she leaves the agency or participating 
organizational subunit, if the bank board so determines;
    (c) At the end of the biweekly pay period in which the leave bank 
board receives written notice from the leave recipient or his or her 
personal representative that the leave recipient is no longer affected 
by a medical emergency;
    (d) At the end of the biweekly pay period in which the leave bank 
board determines, after written notice from the bank board and an 
opportunity for the leave recipient (or, if appropriate, his or her 
personal representative) to answer orally or in writing, that the leave 
recipient is no longer affected by a medical emergency; or
    (e) At the end of the biweekly pay period in which the employing 
agency receives notice that OPM has approved the leave recipient's 
application for disability retirement under the Civil Service 
Retirement System or the Federal Employees' Retirement System.


Sec.  630.1015  Restoration of unused leave to a leave bank.

    (a) A leave bank board must ensure that annual leave withdrawn from 
the leave bank and not used before the termination of the medical 
emergency is returned to the leave bank.
    (b) A leave bank board may deem a medical emergency to continue for 
the purpose of providing the leave recipient with an adequate period of 
time within which to receive contributions of annual leave.
    (c) If a leave recipient elects to buy back annual leave as a 
result of a claim for an employment-related injury approved by the 
Office of Workers' Compensation Programs under 20 CFR part 10, and the 
annual leave was leave withdrawn from a leave bank under Sec.  
630.1012, the amount of annual leave bought back must be restored to 
the leave bank.


Sec.  630.1016  Participation in both the voluntary leave transfer and 
leave bank programs.

    (a) If an agency or organizational subunit establishes a voluntary 
leave bank program under this subpart--
    (1) A covered employee may also participate in a voluntary leave 
transfer program under subpart I of this part;
    (2) Any annual leave previously transferred to an employee under 
the voluntary leave transfer program must remain to his or her credit 
if the employee later becomes a leave recipient in a leave bank and 
must become subject to the agency's policies and procedures for 
administering this subpart, except as provided in paragraphs (b) and 
(c) of this section; and
    (3) The agency or organizational subunit must establish policies or 
procedures governing the use of donated or transferred leave if an 
employee receives leave under both a voluntary leave transfer program 
and a voluntary leave bank program for the same medical emergency.
    (b) Upon termination of a medical emergency, any annual leave 
previously transferred under the voluntary leave transfer program and 
remaining to the employee's credit must be restored under Sec.  
630.921(a) through (d).
    (c) Transferred annual leave restored to the account of a leave 
donor under paragraph (b) of this section is subject to the limitation 
imposed by 5 U.S.C. 6304(a) and (b) at the end of the leave year in 
which the annual leave is restored.


Sec.  630.1017  Transferring to a new leave bank.

    If an employee moves from an agency or organizational subunit 
operating a leave bank to an agency or organizational subunit operating 
a different leave bank, the following procedures apply:
    (a) On the date of the leave recipient's transfer, he or she 
becomes subject to the policies and procedures of the voluntary leave 
bank program of the new agency or organizational subunit; and
    (b) Nothing in Sec. Sec.  630.1014(b) or 630.1015(a) may interfere 
with the employee's right to submit an application to become a leave 
contributor or leave recipient under the policies and procedures of the 
voluntary leave bank program of the new agency or organizational 
subunit.


Sec.  630.1018  Transferring to an agency that does not have a leave 
bank.

    If an employee moves from an agency or organizational subunit 
covered by a

[[Page 1102]]

voluntary leave bank program under this subpart to an agency or 
organizational subunit covered only by a voluntary leave transfer 
program under subpart I of this part, the following procedures apply:
    (a) On the date of the employee's transfer, he or she becomes 
subject to the policies and procedures of the voluntary leave transfer 
program of the new agency or organizational subunit; and
    (b) Nothing in Sec. Sec.  630.1014(b) or 630.1015(a) may interfere 
with the employee's right to submit an application to become a leave 
donor or leave recipient under the voluntary leave transfer program of 
the new agency or organizational subunit.


Sec.  630.1019  Termination of a voluntary leave bank program.

    (a) An agency may terminate a voluntary leave bank program only 
after providing 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 the leave recipient must remain 
available for use under the rules set forth in subpart I of this part.
    (c) If an agency terminates a voluntary leave bank program, the 
agency must 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 current voluntary leave bank members, or a combination of both. The 
agency may distribute the leave immediately or may delay the 
distribution, in whole or part, until the beginning of the following 
leave year.


Sec.  630.1020  Records.

    Each agency must maintain records concerning the administration of 
the voluntary leave bank program.

Subpart K--Emergency Leave Transfer Program


Sec.  630.1101  Purpose.

    This subpart provides regulations to implement 5 U.S.C. 6391, which 
authorizes the President to direct 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 a major disaster or 
emergency, as declared by the President.


Sec.  630.1102  Coverage.

    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.


Sec.  630.1103  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.  630.1104  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 recipient means a current employee for whom the 
employing agency has approved an application to receive annual leave 
under an emergency leave transfer program.
    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.
    Employee has the meaning given that term in 5 U.S.C. 6331(1).
    Family member has the meaning given that term in Sec.  630.903.
    Leave year has the meaning given that term in Sec.  630.201.
    Paid leave status has the meaning given that term in Sec.  630.903.
    Transferred leave means donated leave credited to an approved 
emergency leave recipient's annual leave account.


Sec.  630.1105  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 a major disaster or emergency 
that results in severe adverse effects for a substantial number of 
employees. In certain situations, OPM may delegate to an agency the 
authority to establish an emergency leave transfer program.
    (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, an 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 emergency leave donors and/or emergency leave 
recipients within the agency, as appropriate;
    (3) Facilitate the distribution of donated annual leave from 
approved emergency leave donors to approved emergency leave recipients 
within the agency; and
    (4) Determine the period of time for which donated annual leave may 
be accepted for distribution to approved emergency leave recipients.


Sec.  630.1106  Donations from a leave bank to an emergency leave 
transfer program.

    A leave bank established under 5 U.S.C. 6362 and subpart J of this 
part may, with the concurrence of the leave bank board established 
under Sec.  630.1004, donate annual leave to an emergency leave 
transfer program administered by the employing agency.


Sec.  630.1107  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 may make 
written application on behalf of the employee.
    (b) An employee who has a family member who has been adversely 
affected by a disaster or emergency also may 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 is considered to 
be adversely affected by a major disaster or emergency if the disaster 
or emergency has caused the employee or a family member of the employee 
severe hardship to such a degree that his or her absence from work is 
required.

[[Page 1103]]

    (d) The employee's application must be accompanied by the following 
information:
    (1) The name, position title, and grade or pay level of the 
potential leave recipient;
    (2) A statement describing his or her need for leave from the 
emergency leave transfer program; and
    (3) Any additional information that may be required by the 
potential leave recipient's employing agency.
    (e) An agency may 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.  630.1108  Approval of an application to become an emergency leave 
recipient.

    An agency must review an application to become an emergency leave 
recipient under procedures the agency has established for the purpose 
of determining that a potential leave recipient is or has been affected 
by a major disaster or emergency.


Sec.  630.1109  Notification of approval of an application.

    If an employee's application to become an emergency leave recipient 
is approved, the agency must notify the employee (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 established by the agency, if that date is 
later).


Sec.  630.1110  Disapproval of an application to become an emergency 
leave recipient.

    If an employee's application to become an emergency leave recipient 
is not approved, the employing agency must notify the employee (or his 
or her personal representative who made application on the employee's 
behalf) within 10 calendar days (excluding Saturdays, Sundays, and 
legal public holidays) after the date the application was received (or 
the date established by the agency, if that date is later). The agency 
must give the reasons for its disapproval.


Sec.  630.1111  Use of available paid leave.

    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.  630.1112  Donating annual leave.

    An employee may voluntarily submit a written request to his or her 
agency that a specified number of hours of his or her accrued annual 
leave, consistent with the limitations in Sec.  630.1113, be 
transferred from his or her annual leave account to an emergency leave 
transfer program established under Sec.  630.1105. An emergency leave 
donor may not donate annual leave for transfer to a specific emergency 
leave recipient under this subpart. Any donated leave not used by an 
emergency leave recipient may not be returned to the emergency leave 
donor(s), except as provided in Sec.  630.1120(a).


Sec.  630.1113  Limitation on the amount of leave donated by an 
emergency leave donor.

    (a) An emergency leave donor may not contribute less than 1 hour 
nor more than 104 hours of annual leave in a leave year to an emergency 
leave transfer program. Each agency may establish written criteria for 
waiving the 104-hour limitation on donating annual leave in a leave 
year.
    (b) Annual leave donated to an emergency leave transfer program 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.


Sec.  630.1114  Limitation on the amount of leave received by an 
emergency leave recipient.

    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.


Sec.  630.1115  Transferring donated leave between agencies.

    (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 to obtain assistance in 
receiving donated leave from other agencies. The agency must notify OPM 
of the total amount of donated annual leave needed for transfer to the 
agency's 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 OPM contacts for the purpose of providing 
donated annual leave to an agency in need must--
    (1) Approve emergency leave donors under the conditions specified 
in Sec. Sec.  630.1112 and 630.1113 and determine how much donated 
annual leave is available for transfer to an affected agency;
    (2) Report the total amount of annual leave donated to the 
emergency leave transfer program to OPM; and
    (3) 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 it for transfer 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 (c) of this section.


Sec.  630.1116  Using donated annual leave.

    (a) Any donated leave an emergency leave recipient receives from an 
emergency leave transfer program may be used only for purposes related 
to the disaster or emergency for which the emergency leave recipient 
was approved. Each agency is responsible for ensuring that leave 
donated under the emergency leave transfer program is used 
appropriately.
    (b) 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 advanced annual or sick leave used because of the 
adverse effects of the disaster or emergency. The agency may advance 
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.


Sec.  630.1117  Accrual of leave while using donated leave.

    While an emergency leave recipient is using donated annual leave 
from an emergency leave transfer program, annual and sick leave 
continue to accrue to the credit of the employee at the same rate as if 
he or she were in a paid leave status under 5 U.S.C. chapter

[[Page 1104]]

63, subchapter I, 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.


Sec.  630.1118  Purposes for which donated leave may not be credited.

    An agency may not--
    (a) Include annual leave transferred under this subpart in a lump-
sum payment under 5 U.S.C. 5551 or 5552;
    (b) Recredit the annual leave transferred under this subpart to an 
employee who is reemployed by a Federal agency under 5 U.S.C. 6306; or
    (c) Use annual leave transferred under this subpart to establish 
initial eligibility for immediate retirement or acquire eligibility to 
continue health benefits into retirement under 5 U.S.C. 6302(g) and 
Sec.  630.214.


Sec.  630.1119  Termination of a disaster or emergency.

    The disaster or emergency affecting the employee as an emergency 
leave recipient terminates--
    (a) When the employing agency determines that the disaster or 
emergency has terminated;
    (b) When the employee's Federal service terminates;
    (c) At the end of the biweekly pay period in which the employee, or 
his or her personal representative, notifies the emergency leave 
recipient's agency that he or she is no longer affected by such 
disaster or emergency;
    (d) At the end of the biweekly pay period in which the employee's 
agency determines, after giving the employee or his or her personal 
representative written notice and an opportunity to answer orally or in 
writing, that the employee is no longer affected by such disaster or 
emergency; or
    (e) At the end of the biweekly pay period in which the employee's 
agency receives notice that OPM has approved an application for 
disability retirement for the emergency leave recipient under the Civil 
Service Retirement System or the Federal Employees' Retirement System, 
as appropriate.


Sec.  630.1120  Procedures for returning unused leave to emergency 
leave donors.

    (a) When a disaster or emergency is terminated, any unused annual 
leave donated to an emergency leave transfer program 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.
    (b) Each agency must establish procedures to return unused donated 
annual leave to emergency leave donors. Each agency must determine the 
amount of annual leave to be restored to each of the emergency leave 
donors who, on the date leave restoration is made, is employed by a 
Federal agency. If the total number of eligible leave donors exceeds 
the total number of hours of annual leave to be restored, no unused 
transferred annual leave will be restored. At the election of the 
emergency leave donor, the agency may restore unused annual leave to 
the emergency leave donor 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 1st day of the 
following leave year.


Sec.  630.1121  Protection against coercion.

    (a) An employee may not directly or indirectly intimidate, 
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any 
emergency leave donor or emergency leave recipient 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).

Subpart L--Family and Medical Leave


Sec.  630.1201  Purpose.

    This subpart provides regulations to implement 5 U.S.C. 6381 
through 6387 and must be read together with those sections of law. 
Sections 6381 through 6387 of title 5, United States Code, entitle most 
Federal employees to a total of up to 12 administrative workweeks of 
unpaid leave during any 12-month period for certain family and medical 
needs, as specified in Sec.  630.1205.


Sec.  630.1202  Coverage.

    (a) Except as otherwise provided in this paragraph, this subpart 
applies to any employee who--
    (1) Is defined as an employee in 5 U.S.C. 6301(2), excluding 
employees covered by paragraph (b) of this section; and
    (2) Has completed at least 12 months of service as--
    (i) An employee, as defined in 5 U.S.C. 6301(2), excluding any 
service as an employee under paragraph (b) of this section;
    (ii) An employee of the Veterans Health Administration appointed 
under title 38, United States Code, in occupations listed in 38 U.S.C. 
7401(1);
    (iii) A teacher or an individual holding a teaching position, as 
defined in 20 U.S.C. 901; or
    (iv) An employee identified in 5 U.S.C. 2105(c) who is paid from 
nonappropriated funds.
    (b) This subpart does not apply to--
    (1) An individual employed by the government of the District of 
Columbia;
    (2) An employee serving under a temporary appointment with a time 
limitation of 1 year or less;
    (3) An employee on an intermittent work schedule as defined in 
Sec.  630.201; or
    (4) Any employee covered by Title I or Title V of the Family and 
Medical Leave Act of 1993 (Pub. L. 103-3, February 5, 1993). The 
Department of Labor has issued regulations implementing Title I at 29 
CFR part 825.
    (c) For the purpose of applying 5 U.S.C. 6381 through 6387--
    (1) An employee of the Veterans Health Administration appointed 
under title 38, United States Code, in occupations listed in 38 U.S.C. 
7401(1) must be governed by the terms and conditions of regulations 
prescribed by the Secretary of Veterans Affairs;
    (2) A teacher or an individual holding a teaching position, as 
defined in 20 U.S.C. 901, must be governed by the terms and conditions 
of regulations prescribed by the Secretary of Defense; and
    (3) An employee identified in 5 U.S.C. 2105(c) who is paid from 
nonappropriated funds must be governed by the terms and conditions of 
regulations prescribed by the Secretary of Defense or the Secretary of 
Transportation, as appropriate.
    (d) The regulations prescribed by the Secretary of Veterans 
Affairs, the Secretary of Defense, or the Secretary of Transportation 
under paragraph (c) of this section must, to the extent appropriate, be 
consistent with the regulations prescribed in this subpart and the 
regulations prescribed by the Secretary of Labor to carry out Title I 
of the Family and Medical Leave Act of 1993 at 29 CFR part 825.


Sec.  630.1203  Administration.

    The head of an agency having employees subject to this subpart is

[[Page 1105]]

responsible for the proper administration of family and medical leave.


Sec.  630.1204  Definitions.

    In this subpart:
    Accrued leave has the meaning given that term in Sec.  630.201.
    Accumulated leave has the meaning given that term in Sec.  630.201.
    Administrative workweek has the meaning given that term in 5 CFR 
610.102.
    Adoption refers to a legal process in which an individual becomes 
the legal parent of another's child. The source of an adopted child--
e.g., whether from a licensed placement agency or otherwise--is not a 
factor in determining eligibility for leave under this subpart.
    Employee means an individual to whom this subpart applies.
    Essential functions means the fundamental job duties of the 
employee's position, as defined in 29 CFR 1630.2(n). An employee who 
must be absent from work to receive medical treatment for a serious 
health condition is considered to be unable to perform the essential 
functions of the position during the absence for treatment.
    Family and medical leave means an employee's entitlement to up to 
12 administrative workweeks of unpaid leave for certain family and 
medical needs, as prescribed in 5 U.S.C. 6381 through 6387.
    Foster care means 24-hour care for children in substitution for, 
and away from, their parent(s) or guardian. Such placement is made by 
or with the agreement of the State as a result of a voluntary agreement 
by the parent(s) or guardian that the child be removed from the home, 
or pursuant to a judicial determination of the necessity for foster 
care, and involves agreement between the State and foster family to 
take the child. Although foster care may be with relatives of the 
child, State action is involved in the removal of the child from 
parental custody.
    Health care provider means--
    (1) A licensed Doctor of Medicine or Doctor of Osteopathy or a 
physician who is serving on active duty in the uniformed services and 
is designated by the uniformed service to conduct examinations under 
this subpart;
    (2) Any health care provider recognized by the Federal Employees 
Health Benefits Program or who is licensed or certified under Federal 
or State law to provide the service in question;
    (3) A health care provider as defined in paragraph (2) of this 
definition who practices in a country other than the United States, who 
is authorized to practice in accordance with the laws of that country, 
and who is performing within the scope of his or her practice as 
defined under such law;
    (4) A Christian Science practitioner listed with the First Church 
of Christ, Scientist, in Boston, Massachusetts; or
    (5) A Native American, including an Eskimo, Aleut, and Native 
Hawaiian, who is recognized as a traditional healing practitioner by 
native traditional religious leaders and who practices traditional 
healing methods as believed, expressed, and exercised in Indian 
religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, 
consistent with Public Law 95-341, August 11, 1978 (92 Stat. 469), as 
amended by Public Law 103-344, October 6, 1994 (108 Stat. 3125).
    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.
    Incapacity means the inability to work, attend school, or perform 
other regular daily activities because of a serious health condition or 
treatment for or recovery from a serious health condition.
    Intermittent leave or leave taken intermittently means leave taken 
in separate blocks of time, rather than for one continuous period of 
time, and may include leave periods of 1 hour to several weeks. Leave 
may be taken for a period of less than 1 hour if an agency policy 
provides for a minimum charge for leave of less than 1 hour under Sec.  
630.209.
    Leave without pay means an absence from duty in a nonpay status. 
Leave without pay may be taken only for those hours of duty comprising 
an employee's basic workweek.
    Parent means a biological parent or an individual who stands or 
stood in loco parentis to an employee when the employee was a son or 
daughter. This term does not include parents ``in law.''
    Reduced leave schedule means a work schedule under which the usual 
number of hours of regularly scheduled work per workday or workweek of 
an employee is reduced. The number of hours by which the daily or 
weekly tour of duty is reduced are counted as leave for this purpose.
    Regularly scheduled has the meaning given that term in 5 CFR 
610.102.
    Regularly scheduled administrative workweek has the meaning given 
that term in 5 CFR 610.102.
    Serious health condition. (1) Serious health condition means an 
illness, injury, impairment, or physical or mental condition that 
involves--
    (i) Inpatient care (i.e., an overnight stay) in a hospital, 
hospice, or residential medical care facility, including any period of 
incapacity or any subsequent treatment in connection with such 
inpatient care; or
    (ii) Continuing treatment by a health care provider that includes 
(but is not limited to) examinations to determine if there is a serious 
health condition and evaluations of such conditions if the examinations 
or evaluations determine that a serious health condition exists. 
Continuing treatment by a health care provider may include one or more 
of the following--
    (A) A period of incapacity of more than 3 consecutive calendar 
days, including any subsequent treatment or period of incapacity 
relating to the same condition, that also involves--
    (1) Treatment two or more times by a health care provider, by a 
health care provider under the direct supervision of the affected 
individual's health care provider, or by a provider of health care 
services under orders of, or on referral by, a health care provider; or
    (2) Treatment by a health care provider on at least one occasion 
which results in a regimen of continuing treatment under the 
supervision of the health care provider (e.g., a course of prescription 
medication or therapy requiring special equipment to resolve or 
alleviate the health condition).
    (B) Any period of incapacity due to pregnancy or childbirth, or for 
prenatal care, even if the affected individual does not receive active 
treatment from a health care provider during the period of incapacity 
or the period of incapacity does not last more than 3 consecutive 
calendar days.
    (C) Any period of incapacity or treatment for such incapacity due 
to a chronic serious health condition that--
    (1) Requires periodic visits for treatment by a health care 
provider or by a health care provider under the direct supervision of 
the affected individual's health care provider,
    (2) Continues over an extended period of time (including recurring 
episodes of a single underlying condition); and
    (3) May cause episodic rather than a continuing period of 
incapacity (e.g., asthma, diabetes, or epilepsy). The condition is 
covered even if the affected individual does not receive active 
treatment from a health care provider during the period of incapacity 
or the period of incapacity does not last more than 3 consecutive 
calendar days.

[[Page 1106]]

    (D) A period of incapacity which is permanent or long-term because 
of a condition for which treatment may not be effective. The affected 
individual must be under the continuing supervision of, but need not be 
receiving active treatment by, a health care provider (e.g., 
Alzheimer's disease, severe stroke, or the terminal stages of a 
disease).
    (E) Any period of absence to receive multiple treatments (including 
any period of recovery) by a health care provider or by a provider of 
health care services under orders of, or on referral by, a health care 
provider, either for restorative surgery after an accident or other 
injury or for a condition that would likely result in a period of 
incapacity of more than 3 consecutive calendar days in the absence of 
medical intervention or treatment (e.g., chemotherapy/radiation for 
cancer, physical therapy for severe arthritis, or dialysis for kidney 
disease).
    (2) A serious health condition does not include routine physical, 
optical, or dental examinations; a regimen of continuing treatment that 
includes the taking of over-the-counter medications, bed-rest, 
exercise, and other similar activities that can be initiated without a 
visit to a health care provider; a condition for which cosmetic 
treatments are administered, unless inpatient hospital care is required 
or unless complications develop; or an absence because of an employee's 
use of an illegal substance, unless the employee is receiving treatment 
for substance abuse by a health care provider or by a provider of 
health care services on referral by a health care provider. Ordinarily, 
unless complications arise, the common cold, the flu, earaches, upset 
stomach, minor ulcers, headaches (other than migraines), routine dental 
or orthodontia problems, and periodontal disease are not serious health 
conditions. Allergies, restorative dental or plastic surgery after an 
injury, removal of a cancerous growth, or mental illness resulting from 
stress may be serious health conditions only if such conditions require 
inpatient care or continuing treatment by a health care provider.
    Son or daughter means a biological, adopted, or foster child; a 
step child; a legal ward; or a child of a person standing in loco 
parentis who is--
    (1) Under 18 years of age; or
    (2) 18 years of age or older and incapable of self-care because of 
a mental or physical disability. A son or daughter incapable of self-
care requires active assistance or supervision to provide daily self-
care in three or more of the ``activities of daily living'' (ADLs) or 
``instrumental activities of daily living'' (IADLs). Activities of 
daily living include adaptive activities such as caring appropriately 
for one's grooming and hygiene, bathing, dressing, and eating. 
Instrumental activities of daily living include cooking, cleaning, 
shopping, taking public transportation, paying bills, maintaining a 
residence, using the telephone and directories, and using a post 
office. A ``physical or mental disability'' refers to a physical or 
mental impairment that substantially limits one or more of the major 
life activities of an individual as defined in 29 CFR 1630.2 (h), (i) 
and (j).
    Spouse means an individual who is a husband or wife pursuant to a 
marriage that is a legal union between one man and one woman, including 
common law marriage between one man and one woman in States where it is 
recognized.
    Tour of duty has the meaning given that term in 5 CFR 610.102.


Sec.  630.1205  Entitlement to family and medical leave.

    An employee is entitled to a total of up to 12 administrative 
workweeks of unpaid leave during any 12-month period for one or more of 
the following reasons:
    (a) The birth of his or her son or daughter and the care of such 
son or daughter;
    (b) The placement of a son or daughter with the employee for 
adoption or foster care;
    (c) The care of a spouse, son or daughter, or parent, if such 
spouse, son or daughter, or parent has a serious health condition; or
    (d) The employee's own serious health condition that makes him or 
her unable to perform any one or more of the essential functions of his 
or her position.


Sec.  630.1206  Procedures for invoking entitlement to family and 
medical leave.

    An employee must invoke his or her entitlement to family and 
medical leave under Sec.  630.1205, subject to the notification and 
medical certification requirements in Sec. Sec.  630.1213 through 
630.1216. An employee may not retroactively invoke his or her 
entitlement to family and medical leave. However, if the employee and 
his or her personal representative are physically or mentally incapable 
of invoking his or her entitlement to FMLA leave during the entire 
period in which the employee is absent from work for an FMLA-qualifying 
purpose under Sec.  630.1205, the employee may retroactively invoke his 
or her entitlement to FMLA leave within 2 workdays after returning to 
work. In such cases, the employee's incapacity must be documented by a 
written medical certification from a health care provider. In addition, 
the employee must provide documentation acceptable to his or her agency 
explaining the inability of his or her personal representative to 
contact the agency and invoke his or her entitlement to FMLA leave 
during the entire period the employee was absent from work for an FMLA-
qualifying purpose. An employee may take only the amount of family and 
medical leave necessary to manage the circumstances that prompted the 
need for leave under Sec.  630.1205.


Sec.  630.1207  Calculating the 12-month period.

    (a) An agency must calculate the 12-month period referred to in 
Sec.  630.1205 beginning on the date the employee first takes leave for 
a family or medical need specified in Sec.  630.1205 and continuing for 
12 months. An employee is not entitled to 12 additional workweeks of 
leave until the previous 12-month period ends and an event or situation 
occurs that entitles him or her to another period of family or medical 
leave. (This may include a continuation of a previous situation or 
circumstance.)
    (b) The entitlement to leave under Sec.  630.1205(a) and (b) 
expires at the end of the 12-month period beginning on the date of 
birth or placement. Leave for a birth or placement must be concluded 
within this 12-month period. Leave taken under Sec.  630.1205(a) and 
(b), may begin prior to or on the actual date of birth or placement for 
adoption or foster care, and the 12-month period referred to in 
paragraph (a) of this section begins on that date.


Sec.  630.1208  Calculating 12 administrative workweeks of family and 
medical leave.

    (a) An agency must make available a total of up to 12 
administrative workweeks equally for full-time or part-time employees 
in direct proportion to the number of hours in their regularly 
scheduled administrative workweeks. An agency must calculate the 12 
administrative workweeks of leave on an hourly basis, and the 12 
administrative workweeks must equal 12 times the average number of 
hours in the employee's regularly scheduled administrative workweek. If 
the number of hours in the employee's workweek varies from week to 
week, the agency must use a weekly average of the hours scheduled over 
the 12 weeks prior to the date leave commences for this calculation. An 
agency may not count toward the 12-week entitlement to family and 
medical leave any holidays

[[Page 1107]]

authorized under 5 U.S.C. 6103 or by Executive order or nonworkdays 
established by Federal statute, Executive order, or administrative 
order that occur during the period in which the employee is on family 
and medical leave.
    (b) If the number of hours in an employee's regularly scheduled 
administrative workweek is changed during the 12-month period of family 
and medical leave, the agency must recalculate the employee's 
entitlement to any remaining family and medical leave based on the 
number of hours in the employee's current regularly scheduled 
administrative workweek.


Sec.  630.1209  Agency obligation.

    An agency must inform all employees of their entitlements and 
responsibilities under this subpart, including the employees' 
requirements and obligations.


Sec.  630.1210  Involuntary placement on family and medical leave.

    An agency may not place an employee on family and medical leave and 
may not subtract leave from his or her entitlement to leave under Sec.  
630.1205 unless the agency has obtained confirmation from the employee 
of his or her intent to invoke his or her entitlement to leave under 
Sec.  630.1206. The employee's notice of his or her intent to take 
leave under Sec.  630.1213 may suffice as his or her confirmation.


Sec.  630.1211  Intermittent use of family and medical leave.

    (a) An employee may not take leave under Sec.  630.1205(a) or (b) 
(leave for childbirth or adoption) intermittently or on a reduced leave 
schedule unless the employee and his or her agency agree to do so.
    (b) An employee may take leave under Sec.  630.1205(c) or (d) 
intermittently or on a reduced leave schedule when medically necessary, 
subject to the notification and medical certification requirements in 
Sec. Sec.  630.1213 and 630.1215(f).
    (c) If an employee takes leave under Sec.  630.1205(c) or (d) 
intermittently or on a reduced leave schedule that is foreseeable based 
on planned medical treatment or recovery from a serious health 
condition, his or her agency may place the employee temporarily in an 
available alternative position for which he or she is qualified and 
which can better accommodate recurring periods of leave. Upon returning 
from leave, the employee is entitled to be returned to his or her 
permanent position or an equivalent position, as provided in Sec.  
630.1222.
    (d) For the purpose of applying paragraph (c) of this section, an 
alternative position need not consist of equivalent duties, but must be 
in the same commuting area and must provide--
    (1) An equivalent grade or pay level, including any applicable 
locality-based comparability payment under 5 U.S.C. 5304; special rate 
of pay for law enforcement officers or special pay adjustment for law 
enforcement officers under section 403 or 404 of the Federal Employees 
Pay Comparability Act of 1990 (Pub. L. 101-509), respectively; 
continued rate of pay under 5 CFR part 531; or special salary rate 
under 5 U.S.C. 5305 or similar provision of law;
    (2) The same type of appointment, work schedule, status, and 
tenure; and
    (3) The same employment benefits made available to the employee in 
his or her previous position (e.g., life insurance, health benefits, 
retirement coverage, and leave accrual).
    (e) An agency must determine the available alternative position 
that has equivalent pay and benefits consistent with Federal laws, 
including the Rehabilitation Act of 1973 (29 U.S.C. 701) and the 
Pregnancy Discrimination Act of 1978 (42 U.S.C. 2000e).
    (f) Only the amount of leave taken intermittently or on a reduced 
leave schedule may be subtracted from the total amount of leave 
available to an employee under Sec.  630.1208 (a) and (b).


Sec.  630.1212  Substitution of paid leave for unpaid family and 
medical leave.

    (a) Except as provided in paragraph (b) of this section, leave 
taken under Sec.  630.1205 must be leave without pay.
    (b) An employee may elect to substitute the following paid leave 
for any or all of the period of leave without pay that may be taken 
under Sec.  630.1205:
    (1) Accrued or accumulated annual or sick leave under 5 U.S.C. 
6302-6304 and 6307, consistent with current law and regulations 
governing the granting and use of annual or sick leave;
    (2) 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; and
    (3) Leave made available to an employee under the voluntary leave 
transfer program or the voluntary leave bank program consistent with 
subparts I and J of this part.
    (c) An agency may not deny an employee's right to substitute paid 
leave under paragraph (b) of this section for any or all of the period 
of leave without pay to be taken under Sec.  630.1205, consistent with 
current laws and regulations governing the granting and use of annual 
and sick leave.
    (d) An agency may not require an employee to substitute paid leave 
under paragraph (b) of this section for any or all of the period of 
leave without pay to be taken under Sec.  630.1205.
    (e) An employee must notify his or her agency of his or her intent 
to substitute paid leave under paragraph (b) of this section for the 
period of leave without pay to be taken under Sec.  630.1205 prior to 
the date such paid leave begins. An employee may not retroactively 
substitute paid leave for leave without pay previously taken under 
Sec.  630.1205, except as provided in Sec. Sec.  630.914(d) and 
630.1012(d).


Sec.  630.1213  Notification of intent to invoke entitlement to family 
and medical leave.

    (a) If leave taken under Sec.  630.1205 is foreseeable based on an 
expected birth, placement for adoption or foster care, or planned 
medical treatment, an employee must provide notice to the agency of his 
or her intent to take leave not less than 30 calendar days before the 
date the leave is to begin. If the date of birth or placement or 
planned medical treatment requires leave to begin within 30 calendar 
days, the employee must provide such notice as is practicable.
    (b) If leave taken under Sec.  630.1205(c) or (d) is foreseeable 
based on planned medical treatment, an employee must consult with his 
or her agency and make a reasonable effort to schedule medical 
treatment so as not to disrupt unduly the operations of his or her 
agency, subject to the approval of the health care provider. An 
employee's agency may, for justifiable cause, request that he or she 
reschedule medical treatment, subject to the approval of the health 
care provider.
    (c) If the need for leave is not foreseeable--e.g., because of a 
medical emergency or the unexpected availability of a child for 
adoption or foster care--and the employee cannot provide 30 calendar 
days' notice of his or her need for leave, the employee must provide 
notice within a reasonable period of time appropriate to the 
circumstances involved. If necessary, notice may be given by his or her 
personal representative (e.g., a family member or other responsible 
party). If the need for leave is not foreseeable and the employee is 
unable, because of circumstances beyond his or her control, to provide 
notice of his or her need for leave, the agency may not delay or deny 
the requested leave.
    (d) If the need for leave is foreseeable and an employee fails to 
give 30 calendar days' notice with no reasonable excuse for the delay 
of

[[Page 1108]]

notification, his or her agency may delay the taking of leave under 
Sec.  630.1205 until at least 30 calendar days after the date the 
employee provides notice of his or her need for family and medical 
leave.
    (e) An agency may waive the notification requirements under 
paragraph (a) of this section and instead impose the agency's usual and 
customary policies or procedures for providing notification of leave. 
The agency's policies or procedures for providing notification of leave 
must not be more stringent than the requirements of this section. 
However, an agency may not deny an employee's entitlement to leave 
under Sec.  630.1205 if the employee fails to follow such agency 
policies or procedures.
    (f) An agency may require that a request for leave under Sec.  
630.1205(a) and (b) (for childbirth or adoption) be supported by 
evidence that is administratively acceptable to the agency.


Sec.  630.1214  Medical certification of a serious health condition.

    (a) An agency may require that a request for leave for a serious 
health condition under Sec.  630.1205(c) or (d) be supported by written 
medical certification issued by the employee's health care provider or 
the health care provider of his or her spouse, son or daughter, or 
parent, as appropriate. An agency may waive the requirement for an 
initial medical certificate for a serious health condition in a 
subsequent 12-month period if the leave under Sec.  630.1205(c) or (d) 
is for the same chronic or continuing condition.
    (b) If an employee is unable to provide the requested medical 
certification before leave begins, or if the agency questions the 
validity of the original certification the employee provides and the 
medical treatment requires the leave to begin, the agency must grant 
provisional leave pending final written medical certification.
    (c) If, after the leave has commenced, the employee fails to 
provide the requested medical certification, the agency may--
    (1) Charge the employee as absent without leave (AWOL); or
    (2) Allow the employee to request that the provisional leave be 
charged as leave without pay or charged to his or her annual and/or 
sick leave account, as appropriate.


Sec.  630.1215  Contents of a medical certification.

    A written medical certification must include--
    (a) The date the serious health condition commenced;
    (b) The probable duration of the serious health condition or a 
specific indication that the serious health condition is a chronic or 
continuing condition with an unknown duration, including a finding that 
the patient is presently incapacitated, and the likely duration and 
frequency of episodes of incapacity;
    (c) The appropriate medical facts within the knowledge of the 
health care provider regarding the serious health condition, including 
a general statement as to the incapacitation, examination, or treatment 
that may be required by a health care provider;
    (d) If an employee is taking leave under Sec.  630.1205(c)--
    (1) A statement from the health care provider that the employee's 
spouse, son or daughter, or parent requires psychological comfort and/
or physical care; needs assistance for basic medical, hygienic, 
nutritional, safety, or transportation needs or in making arrangements 
to meet such needs; and would benefit from his or her care or presence; 
and
    (2) A statement from the employee on the care he or she will 
provide and an estimate of the amount of time needed to care for his or 
her spouse, son or daughter, or parent;
    (e) If an employee is taking leave under Sec.  630.1205(d), a 
statement that the employee requires medical treatment for a serious 
health condition or is unable to perform one or more of the essential 
functions of his or her position, based on written information provided 
by the employee's agency on the essential functions of his or her 
position or, if not provided, discussion with the employee about the 
essential functions of his or her position; and
    (f) In the case of certification for intermittent leave or leave on 
a reduced leave schedule under Sec.  630.1205(c) or (d) for planned 
medical treatment--
    (1) A certification of the dates (actual or estimated) on which 
such treatment is expected to be given, the duration of such treatment, 
and the period of recovery, if any; or
    (2) A certification that the serious health condition is a chronic 
or continuing condition with an unknown duration, specifying whether 
the patient is presently incapacitated and stating the likely duration 
and frequency of episodes of incapacity.


Sec.  630.1216  Limitations on the medical certification.

    The information an employee must provide in the written medical 
certification must relate only to the serious health condition for 
which the current need for family and medical leave exists. An agency 
may not require any personal or confidential information in the written 
medical certification other than that required by Sec.  630.1215. If an 
employee submits a completed medical certification signed by a health 
care provider, his or her agency may not request new information from 
the health care provider. However, a health care provider representing 
the agency, including a health care provider employed by the agency or 
under its administrative oversight, may contact the health care 
provider who completed the medical certification, with the employee's 
permission, for the purpose of clarifying the medical certification.


Sec.  630.1217  Second and third opinions on a serious health 
condition.

    (a) If an agency questions the validity of the original medical 
certification that an employee provided under Sec.  630.1214, the 
agency may require, at its expense, that the employee obtain the 
opinion of a second health care provider designated or approved by the 
agency concerning the information certified under Sec. Sec.  630.1214 
and 630.1215. The agency may not designate or approve any health care 
provider who is employed by the agency or is under its administrative 
oversight on a regular basis unless the agency is located in an area 
where access to health care is extremely limited--e.g., a rural area or 
an overseas location where no more than one or two health care 
providers practice in the relevant specialty, or the only health care 
providers available are employed by the agency.
    (b) If the opinion of the second health care provider differs from 
the original certification provided under Sec.  630.1214, an agency may 
require, at its expense, that the employee obtain the opinion of a 
third health care provider designated or approved jointly by the 
employee and his or her agency concerning the information certified 
under Sec.  630.1215. The opinion of the third health care provider is 
binding on the employee and the agency.
    (c) To remain entitled to family and medical leave under Sec.  
630.1205(c) or (d), the employee or his or her spouse, son or daughter, 
or parent must comply with any requirement from the agency that the 
employee or his or her spouse, son or daughter, or parent submit to 
examination (though not treatment) to obtain a second or third medical 
certification from a health care provider other than the individual's 
health care provider.

[[Page 1109]]

Sec.  630.1218  Time limits for providing medical certification.

    An employee must provide the written medical certification required 
by Sec. Sec.  630.1214, 630.1215, and 630.1217, signed by the health 
care provider, no later than 15 calendar days after the date his or her 
agency requests such medical certification. If it is not practicable 
under the particular circumstances to provide the requested medical 
certification no later than 15 calendar days after the date requested 
by the agency despite the employee's diligent, good faith efforts, he 
or she must provide the medical certification within a reasonable 
period of time under the circumstances involved, but no later than 30 
calendar days after the date the agency requests such medical 
certification.


Sec.  630.1219  Periodic recertification of a serious health condition.

    An agency may require that an employee obtain subsequent medical 
recertification on a periodic basis, but not more than once every 30 
calendar days, for leave taken for purposes relating to pregnancy, 
chronic conditions, or long-term conditions, as these terms are used in 
the definition of serious health condition in Sec.  630.1204. For leave 
taken for all other serious health conditions, including leave taken on 
an intermittent or reduced leave schedule, if the health care provider 
has specified on the medical certification a minimum duration of the 
period of incapacity, his or her agency may not request recertification 
until that period has passed. However, the agency may require 
subsequent medical recertification more frequently than once every 30 
calendar days, or more frequently than the minimum duration of the 
period of incapacity specified on the medical certification, if the 
employee requests that the original leave period be extended, the 
circumstances described in the original medical certification have 
changed significantly, or the agency receives information that casts 
doubt upon the continuing validity of the medical certification. The 
agency must pay for any periodic recertification it requires.


Sec.  630.1220  Protection of confidentiality.

    To ensure the security and confidentiality of any written medical 
certification under Sec. Sec.  630.1214, 630.1215, 630.1217 or 
630.1224, the medical certification must be subject to the provisions 
for safeguarding information about individuals under 5 CFR part 293 or 
subpart A of this part.


Sec.  630.1221  Employee protections upon return to work.

    If an employee takes family and medical leave under Sec.  630.1205, 
he or she is entitled, upon return to his or her agency, to be returned 
to --
    (a) The same position the employee held when the leave commenced; 
or
    (b) An equivalent position with equivalent benefits, pay, status, 
and other terms and conditions of employment.


Sec.  630.1222  Equivalent position upon return to work.

    (a) An equivalent position under Sec.  630.1221(b) must be in the 
same commuting area and must carry or provide, at a minimum--
    (1) The same or substantially similar duties and responsibilities, 
which must entail substantially equivalent skill, effort, 
responsibility, and authority;
    (2) An equivalent grade or pay level, including any applicable 
locality-based comparability payment under 5 U.S.C. 5304; special rate 
of pay for law enforcement officers or special pay adjustment for law 
enforcement officers under section 403 or 404 of the Federal Employees 
Pay Comparability Act of 1990 (Pub. L. 101-509), respectively; 
continued rate of pay under 5 CFR part 531, subpart G; or special 
salary rate under 5 U.S.C. 5305 or similar provision of law;
    (3) The same type of appointment, work schedule, status, and 
tenure;
    (4) The same employment benefits made available to the employee in 
his or her previous position (e.g., life insurance, health benefits, 
retirement coverage, and leave accrual);
    (5) The same or equivalent opportunity for a within-grade increase, 
performance award, incentive award, or other similar discretionary and 
non-discretionary payments, consistent with applicable laws and 
regulations. However, the entitlement to be returned to an equivalent 
position does not extend to intangible or unmeasurable aspects of the 
job;
    (6) The same or equivalent opportunity for premium pay consistent 
with applicable law and regulations under 5 CFR part 550, subpart A, or 
5 CFR part 551, subpart E; and
    (7) The same or equivalent opportunity for training or education 
benefits consistent with applicable laws and regulations, including any 
training the employee may be required to complete to qualify for his or 
her previous position.
    (b) For the purpose of applying paragraph (c) 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 must apply when 
an employee is on leave without pay under this subpart, except where 
different entitlements and limitations are specifically provided in 
this subpart.
    (c) An employee is not entitled to be returned to the same or 
equivalent position under paragraph (a) of this section if he or she 
would not otherwise have been employed in that position at the time he 
or she returns from leave.
    (d) An agency may not return an employee to an equivalent position 
where written notification has been provided that the equivalent 
position will be affected by a reduction in force if the employee's 
previous position is not affected by a reduction in force.


Sec.  630.1223  Medical certification of fitness to return to work.

    (a) An agency may establish, as a condition for returning to work 
for employees who take leave for a serious health condition under Sec.  
630.1205(d), a uniformly applied practice or policy that requires an 
employee, and all similarly-situated employees (i.e., in the same 
occupation, with the same serious health condition), to obtain written 
medical certification from his or her health care provider that the 
employee is able to perform the essential functions of his or her 
position. An agency may delay an employee's return until the medical 
certification is provided. The same conditions for verifying the 
adequacy of a medical certification in Sec.  630.1216 apply to the 
medical certification to return to work. An agency may not require a 
second or third opinion on the medical certification to return to work. 
An agency may not require a medical certification to return to work 
during the period the employee takes leave intermittently or under a 
reduced leave schedule under Sec.  630.1211.
    (b) If an agency requires an employee to obtain written medical 
certification under paragraph (a) of this section before he or she 
returns to work, the agency must notify the employee of this 
requirement before leave commences, or as soon as practicable in 
emergency medical situations, and pay the expenses for obtaining the 
written medical certification. An employee's refusal or failure to 
provide written medical certification under paragraph (a) of this 
section may be grounds for appropriate disciplinary or adverse action, 
as provided in 5 CFR part 752.

[[Page 1110]]

Sec.  630.1224  Intent to return to work.

    An agency may require that an employee report periodically on his 
or her status and his or her intent to return to work. An agency's 
policy requiring such reports must take into account all of the 
relevant facts and circumstances of the employee's situation.


Sec.  630.1225  Adverse actions.

    An employee's decision to invoke FMLA leave under Sec.  630.1205 
does not prohibit an agency from proceeding with appropriate actions 
under 5 CFR part 432 or 5 CFR part 752.


Sec.  630.1226  Denial of family and medical leave.

    If an employee does not comply with the notification requirements 
in Sec.  630.1213 and does not provide medical certification signed by 
the health care provider that includes all of the information required 
in Sec.  630.1215 within the time limits prescribed in Sec.  630.1218, 
he or she is not entitled to family and medical leave.


Sec.  630.1227  Continuation of health benefits.

    If an employee is enrolled in a health benefits plan under the 
Federal Employees Health Benefits Program (established under 5 U.S.C. 
chapter 89) and is in a leave without pay status as a result of using 
his or her entitlement to family and medical leave under Sec.  
630.1205, he or she may continue his or her health benefits enrollment 
while in the leave without pay status and arrange to pay the 
appropriate employee contributions into the Employees Health Benefits 
Fund (established under 5 U.S.C. 8909). The employee must make such 
contributions consistent with 5 CFR 890.502.


Sec.  630.1228  Greater leave entitlements.

    (a) An agency must comply with any collective bargaining agreement 
and any agency employment benefit program or plan that provides greater 
family or medical leave entitlements to an employee than those provided 
under this subpart. Nothing in this subpart prevents an agency from 
amending such policies, provided the policies comply with the 
requirements of this subpart.
    (b) Any collective bargaining agreement or any employee benefit 
program or plan may not diminish the entitlements established for 
employees under this subpart.
    (c) An agency may adopt leave policies more generous than those 
provided in this subpart, except that such policies may not provide 
entitlement to paid time off in an amount greater than that otherwise 
authorized by law or provide sick leave in any situation in which sick 
leave would not normally be allowed by law or regulation.
    (d) The entitlements under 5 U.S.C. 6381 through 6387 and this 
subpart do not modify or affect any Federal law prohibiting 
discrimination. If the entitlements under 5 U.S.C. 6381 through 6387 
and this subpart conflict with any Federal law prohibiting 
discrimination, an agency must comply with whichever statute provides 
greater entitlements to employees.


Sec.  630.1229  Records on the use of family and medical leave.

    (a) An agency must maintain records of the amount of family and 
medical leave used by an employee under Sec.  630.1205. The records 
must be sufficient to ensure that employees do not exceed the 
entitlement to 12 administrative workweeks within a 12 month period as 
described in Sec.  630.1207.
    (b) When an employee transfers to a different agency, the losing 
agency must provide the gaining agency with information on family and 
medical leave taken under Sec.  630.1205 by the employee during the 12 
months prior to the date of transfer. The losing agency must provide 
the following information:
    (1) The beginning and ending dates of the employee's 12-month 
period, as determined under Sec.  630.1207; and
    (2) The number of hours of leave taken under Sec.  630.1205 of the 
subpart during the employee's 12-month period.

[FR Doc. 04-28544 Filed 12-30-04; 8:45 am]
BILLING CODE 6325-39-P