[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Rules and Regulations]
[Pages 18943-18944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7303]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 68 / Tuesday, April 8, 2008 / Rules 
and Regulations  

[[Page 18943]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN 3206-AL49


Absence and Leave; Annual Leave for Senior-Level Employees

AGENCY: U.S. Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The U.S. Office of Personnel Management is issuing final 
regulations to implement a provision of the National Defense 
Authorization Act for Fiscal Year 2008 which provides a higher limit on 
the accumulation of annual leave for certain senior-level employees.

DATES: These regulations are effective April 8, 2008.

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

SUPPLEMENTARY INFORMATION: The U.S. Office of Personnel Management 
(OPM) is issuing final regulations to implement a provision of the 
National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-
181, January 28, 2008) which provides a higher limit on the 
accumulation of annual leave for certain senior-level employees covered 
by 5 U.S.C. 5376 and 10 U.S.C. 1607(a).
    Section 1112 of the Act amends 5 U.S.C. 6304(f)(1) to provide that 
the annual leave carryover ceiling for employees in senior-level (SL) 
and scientific and professional (ST) positions compensated under 5 
U.S.C. 5376, and for employees serving in positions designated under 10 
U.S.C. 1607(a) as Intelligence Senior Level positions, is 90 days (720 
hours)--the same 90-day annual leave ceiling that applies to members of 
the Senior Executive Service.

Waiver of Notice of Proposed Rulemaking

    Pursuant to section 553(b)(B) of title 5 of the United States Code, 
OPM finds good cause exists for waiving the general notice of proposed 
rulemaking. Also, pursuant to 5 U.S.C. 553(d)(3), OPM finds good cause 
exists for making this rule effective in less than 30 days. These 
regulations implement section 1112 of Public Law 10X-181, which became 
effective on the date of enactment, January 28, 2008. The statutory 
change is unambiguous and does not require interpretation, because it 
only extends coverage under a particular provision of law to additional 
categories of employees. These regulations merely incorporate the 
statutory change. Thus, a notice of proposed rulemaking and a delayed 
effective date are unnecessary. This waiver will facilitate timely 
implementation of the law as intended by Congress.

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 Part 630

    Government employees.

Office of Personnel Management.
Linda M. Springer,
Director.

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

PART 630--ABSENCE AND LEAVE

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

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

Subpart C--Annual Leave

0
2. In Sec.  630.301, the section heading and paragraphs (e), (f), and 
(g) are revised to read as follows:


Sec.  630.301  Annual leave accrual and accumulation--Senior Executive 
Service, Senior-Level, and Scientific and Professional Employees.

* * * * *
    (e) Unused annual leave accrued by an employee while serving in a 
position subject to one of the pay systems under 5 U.S.C. 5383 (Senior 
Executive Service) or 5 U.S.C. 5376 (Senior-Level and Scientific or 
Professional) or 10 U.S.C. 1607(a) (Intelligence Senior Level), shall 
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 
(or corresponding period for an employee who is not paid on the basis 
of biweekly pay periods) occurring in a calendar year.
    (f) When an employee in a position outside of those listed in 
paragraph (e) of this section moves to a position covered by paragraph 
(e) of this section, any annual leave accumulated prior to movement 
shall remain to the employee's credit.
    (1) Annual leave accumulated prior to movement to a position 
covered by paragraph (e) of this section that is in excess of the 
amount allowed for the former position by 5 U.S.C. 6304(a), (b), or (c) 
and that is not used by the beginning of the first full biweekly pay 
period in the next leave year shall be subject to forfeiture.
    (2) If an employee serves less than a full pay period in a position 
listed in paragraph (e) of this section, only that portion of accrued 
annual leave that is attributable to service in such a position shall 
be subject to the 90-day (720-hour) limitation on accumulation of 
annual leave. Annual leave accrued during the

[[Page 18944]]

remainder of the pay period shall be subject to the limitations in 5 
U.S.C. 6304(a), (b), and (c), as appropriate.
    (g) When an employee covered by paragraph (e) of this section moves 
to a position not covered by paragraph (e) of this section, any annual 
leave accumulated while serving in the former position that is in 
excess of the amount allowed for the position by 5 U.S.C. 6304(a), (b), 
or (c) shall remain to the employee's credit and shall be subject to 
reduction under procedures identical to those described in 5 U.S.C. 
6304(c).
* * * * *
[FR Doc. E8-7303 Filed 4-7-08; 8:45 am]
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