[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22245-22246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8681]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 82 / Friday, April 29, 2005 / Rules 
and Regulations  

[[Page 22245]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN 3206-AK80


Absence and Leave; Creditable Service

AGENCY: Office of Personnel Management.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management is issuing interim 
regulations to implement a provision of the Federal Workforce 
Flexibility Act of 2004 which provides an agency with the authority to 
grant a newly appointed or reappointed employee credit for prior work 
experience that otherwise would not be creditable for the purpose of 
determining the employee's annual leave accrual rate.

DATES: Effective Date: The interim regulations become effective on 
April 28, 2005.
    Comment Date: Comments must be received on or before June 28, 2005.

ADDRESSES: Send or deliver written comments to Donald J. Winstead, 
Deputy Associate Director for Pay and Performance Policy, Rm. 7H31, 
1900 E Street, NW., Washington, DC 20415, by fax at (202) 606-0824, or 
by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Sharon Dobson 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 interim regulations to implement Section 202(a) of the Federal 
Workforce Flexibility Act of 2004 (Public Law 108-411, October 30, 
2004). Section 202(a) amends 5 U.S.C. 6303 to provide OPM with the 
authority to prescribe regulations under which a newly appointed or 
reappointed employee who is covered by the Federal annual and sick 
leave program established under chapter 63 of title 5, United States 
Code, may be given service credit for prior experience that otherwise 
would not be creditable for the purpose of determining the employee's 
annual leave accrual rate. An employee may receive credit if the 
experience was obtained in a position having duties that directly 
relate to the duties of the position to which he or she is being 
appointed and if it is determined by the head of the agency that the 
use of this authority is necessary in order to achieve an important 
agency mission or performance goal.
    Section 202(a) provides that not later than 180 days after 
enactment of the Act (April 28, 2005), OPM must prescribe regulations 
to allow the credit of non-Federal service for the purpose of 
determining an employee's annual leave accrual rate. OPM has added 
regulations at 5 CFR 630.205 to provide agencies with the authority to 
grant a newly appointed or reappointed employee with service credit for 
annual leave accrual rate purposes based on prior non-Federal work 
experience or a period of active duty in a uniformed service.
    The interim regulations at 5 CFR 630.205(a) allow the head of an 
agency or designee to provide service credit for work experience that 
otherwise would not be creditable for the purpose of determining the 
annual leave accrual rate of a newly appointed employee or an employee 
who is reappointed following a break in service of at least 90 calendar 
days after his or her last period of civilian Federal employment. Prior 
to granting such credit, the agency head or his or her designee must 
determine that the employee meets both of the following conditions:
    (1) The skills and experience the employee possesses are essential 
to the new position and were acquired through performance in a non-
Federal position having duties that directly relate to the position to 
which he or she is being appointed; and
    (2) The use of this authority is necessary to achieve an important 
agency mission or performance goal.
    Previously, an employee who is a retired member of a uniformed 
service under 5 U.S.C. 3501 could be granted credit only for periods of 
active duty served during a campaign or expedition for which a campaign 
badge was issued. The new regulations at 5 CFR 630.205(b) provide that 
an employee who is a retired member of a uniformed service may be 
granted credit for any period of active military service during which 
he or she performed duties directly related to the position to which he 
or she is being appointed. As in the case of granting credit for non-
Federal service, when hiring a retired member of the uniformed service, 
the head of the agency must determine that the use of this authority is 
necessary to achieve an important agency mission or performance goal.
    When an agency head or designee makes a determination to provide 
service credit for experience that otherwise would not be creditable, 
the agency must provide credit only for non-Federal work experience or 
experience in a uniformed service during which the employee performed 
duties that directly relate to the duties of the position to which he 
or she is appointed. An employee must provide written documentation, 
acceptable to the agency, of his or her qualifying service. The interim 
regulations at 5 CFR 630.205(e) require an agency to establish 
guidelines for documenting the use of this authority, as well as 
recordkeeping procedures to allow for the reconstruction of each 
action.
    Credit for non-Federal work experience or experience in a uniformed 
service is granted to an employee on the date of his or her initial 
appointment or reappointment following a break in service of 90 
calendar days from the date of his or her last period of civilian 
Federal employment. Service credit granted to an employee will remain 
creditable for annual leave accrual purposes unless the employee fails 
to complete 1 full year of continuous service with the appointing 
agency.
    If an employee separates from Federal service or transfers to 
another agency prior to completing 1 full year of continuous service 
with the appointing agency, he or she is not entitled to retain service 
credit for non-Federal or active duty work experience. Prior to the 
transfer or separation of the employee, the agency must establish a new 
service computation date for leave under 5 U.S.C. 6303(a), subtracting 
the credit that was provided for non-Federal or

[[Page 22246]]

military work experience. However, all unused annual leave accrued and 
accumulated by an employee as a result of receiving credit for non-
Federal or uniformed service remains to the credit of the employee and 
must be transferred to the new agency under 5 CFR 630.501 or liquidated 
by a lump-sum payment under 5 CFR 550.1205, as appropriate.

E.O. 12866, Regulatory Review

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

Regulatory Flexibility Act

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

List of Subjects in 5 CFR 630

    Government employees.

Dan G. Blair,
Office of Personnel Management, Acting Director.


0
Accordingly, OPM is amending 5 CFR part 630 to read as follows:

PART 630--ABSENCE AND LEAVE

0
1. The authority citation for part 630 is revised to read as follows:

    Authority: 5 U.S.C. 6311; 630.205 also issued under Pub. L. 108-
411, 118 Stat 2312; 630.301 also issued under Pub. L. 103-356, 108 
Stat. 3410 and Pub. L. 108-411, 118 Stat 2312; 630.303 also issued 
under 5 U.S.C. 6133(a); 630.306 and 630.308 also issued under 5 
U.S.C. 6304(d)(3), Pub. L. 102-484, 106 Stat. 2722, and Pub. L. 103-
337, 108 Stat. 2663; subpart D also issued under Pub. L. 103-329, 
108 Stat. 2423; 630.501 and subpart F also issued under E.O. 11228, 
30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5 
U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I 
also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, 
and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5 
U.S.C. 6362, Pub. L. 100-566, and Pub. L. 103-103; subpart K also 
issued under Pub. L. 105-18, 111 Stat. 158; subpart L also issued 
under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M 
also issued under 5 U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92.

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

0
2. Section 630.205 is added to read as follows:


Sec.  630.205  Credit for non-Federal and uniformed service for 
determining annual leave accrual rate.

    (a) The head of an agency or his or her designee may, at his or her 
sole discretion, provide credit for service that otherwise would not be 
creditable under 5 U.S.C. 6303(a) for the purpose of determining the 
annual leave accrual rate of a newly appointed employee or an employee 
who is reappointed following a break in service of at least 90 calendar 
days after his or her last period of civilian Federal employment. The 
head of the agency or his or her designee must determine that the 
skills and experience the employee possesses are--
    (1) Essential to the new position and were acquired through 
performance in a non-Federal position having duties that directly 
relate to the duties of the position to which he or she is being 
appointed; and
    (2) Necessary to achieve an important agency mission or performance 
goal.
    (b) Notwithstanding 5 U.S.C. 6303(a), the head of an agency or his 
or her designee may, at his or her sole discretion, provide credit for 
active duty uniformed service that otherwise would not be creditable 
under 5 U.S.C. 6303(a) for the purpose of determining the annual leave 
accrual rate of an employee who is a retired member of a uniformed 
service as defined by 38 U.S.C. 4303. The head of the agency or his or 
her designee must determine that the skills and experience the employee 
possesses are--
    (1) Essential to the new position and were acquired through 
performance in a position in the uniformed services having duties that 
directly relate to the duties of the position to which he or she is 
being appointed; and
    (2) Necessary to achieve an important agency mission or performance 
goal.
    (c) When the head of an agency or his or her designee makes a 
determination to provide credit for non-Federal service or active duty 
in the uniform services under paragraph (a) or (b) of this section, he 
or she must determine the amount of service that will be credited. The 
amount of service credited may not exceed the actual amount of service 
during which the employee performed duties directly related to the 
position to which the employee is being appointed.
    (d) An employee must provide written documentation, acceptable to 
the agency, of his or her non-Federal or uniformed service.
    (e) The agency must establish documentation and recordkeeping 
procedures sufficient to allow reconstruction of each action.
    (f) Credit for prior non-Federal or uniformed service work 
experience under paragraph (a) or (b) of this section is granted to the 
employee upon the effective date of his or her initial appointment to 
the agency or reappointment after a 90-day break in service and remains 
creditable for annual leave accrual purposes thereafter unless the 
employee fails to complete 1 full year of continuous service with the 
appointing agency.
    (g) If an employee separates from Federal service or transfers to 
another agency before completing 1 full year of continuous service with 
the appointing agency--
    (1) Any credit under paragraph (a) or (b) of this section must be 
subtracted from the employee's total creditable service before the 
employee transfers or separates, and the agency must establish a new 
service computation date for leave accrual purposes under 5 U.S.C. 
6303(a);
    (2) Any annual leave accrued or accumulated by an employee as a 
result of receiving credit for service under paragraph (a) or (b) of 
this section remains to the credit of the employee; and
    (3) The agency must--
    (i) Transfer the annual leave balance to the new employing agency 
under 5 CFR 630.501 if the employee is transferring to a position to 
which annual leave may be transferred; or
    (ii) Make a lump-sum payment under 5 CFR 550.1205 for any unused 
annual leave if the employee is separating from Federal service or 
moving to a position to which annual leave cannot be transferred.

[FR Doc. 05-8681 Filed 4-27-05; 2:37 pm]
BILLING CODE 6325-39-P