(1) An employee must provide any required written medical certification no later than 15 calendar days after the date the agency requests such medical certification, except as otherwise allowed under paragraph (c)(2) of this section. The losing agency shall provide the following information: (1) The beginning and ending dates of the employee's 12-month period, as determined under 630.1203(c) of this part; and. A leave bank established under subchapter IV of chapter 63 of title 5, United States Code, and subpart J of part 630 may, with the concurrence of the leave bank board established under 630.1003, donate annual leave to an emergency leave transfer program administered by its own agency, or, during a Governmentwide transfer of emergency leave coordinated by OPM, to an emergency leave transfer program administered by another agency. 7401(1) is be governed by the terms and conditions of regulations prescribed by the Secretary of Veterans Affairs; (ii) A teacher or an individual holding a teaching position, as defined in section 901 of title 20, United States Code, shall be governed by the terms and conditions of regulations prescribed by the Secretary of Defense; and. If you work for a Federal agency, use this drafting (a) Purpose. (f) Forfeiture of shore leave. (c) When the head of an agency or his or her designee makes a determination to provide service credit for prior work experience or active duty in the uniformed services under paragraph (a) or (b) of this section, he or she must determine the amount of service that will be credited. WebThe short answer is yes. 6382(a)(3) and (4)), an employee may elect to substitute the annual and sick leave identified in paragraph (c) of this section, except that any sick leave credited to the employee may be substituted without regard to any of the normally applicable limitations on the use of sick leave. (c) The agency shall establish written criteria permitting a leave bank board to waive the limitations on contributing annual leave under paragraphs (a) and (b) of this section. 21, 2005; 71 FR 61634, Oct. 19, 2006; 73 FR 18943, Apr.
Additional Pay Period in 2023 Could Affect 'Use or Lose' Annual 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. 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, the employee 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. The losing agency must also certify the expiration date of the employee's 12-month eligibility period. 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) If OPM approves an agency's request to cover additional categories of employees, the higher annual leave accrual rate will become effective for the pay period during which OPM approves the agency's request. A part-time employee may accumulate not more than 240 or 360 hours' annual leave on the same basis that a full-time employee may accumulate not more than 30 or 45 days' annual leave. This means that most Federal (a) Subject to paragraphs (b) through (e) of this section, an agency must grant sick leave to an employee when he or she. (3) A person who stands in loco parentis to the employee or stood in loco parentis to the employee when the employee was a minor or required someone to stand in loco parentis. 6304(d); and. (2) The agency later concludes under its policies established under 630.1705(f)(1) that the circumstances support a determination to not apply the reimbursement requirement. 6382(a)(3). If an AD position is paid within a rate range established under an authority outside of 5 U.S.C. 6133(a) (read with 5 U.S.C. chapters 51 and 53, the minimum rate of the rate range (excluding locality pay) must be at least equal to the minimum rate for the SES and SL/ST pay systems (120 percent of the rate for GS15, step 1, excluding locality pay), and the maximum rate of the rate range (excluding locality pay) must be at least equal to the rate for level IV of the Executive Schedule; (2) Covered positions are equivalent to a Senior Executive Service position as defined in 5 U.S.C. The head of the agency or his or her designee may exempt employees 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 due to circumstances beyond his or her control. Certification for leave taken because of a qualifying exigency. (1) Upon termination of an exigency established under paragraphs (a) and (b) of this section based on the ending of the exigency under paragraphs (f)(2)(i), (ii), or (iv) of this section, an agency head (or designee) may determine that certain agency employees continue to be subject to an ongoing exigency of the public business. The first time an employee requests leave because of a qualifying exigency arising out of the covered active duty or call to covered active duty status of a covered military member, an agency may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military that indicates the covered military member is on covered active duty or call to covered active duty status, and the dates of the covered military member's active duty service.
Advanced Annual Leave - U.S. Office of Personnel Management This content is from the eCFR and is authoritative but unofficial.
Am I entitled to a lump sum payment for restored annual leave? (1) The entitlement to leave under paragraphs (a)(1) and (2) of this section shall expire at the end of the 12-month period beginning on the date of birth or placement. (b) An employee with 3 but less than 15 years of service earns 1 hour of annual leave for each 13 hours in a pay status. (a) Purpose. When the employee's number of hours of nonpay status does not require a reduction of leave credits, the agency shall drop those hours at the end of the employee's leave year. (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. (See 5 U.S.C. (b) Employees may be granted weather and safety leave only for hours within the tour of duty established for purposes of charging annual and sick leave when absent. (b) The leave bank board may require leave bank members to submit applications under this section within a prescribed period of time following the termination of a medical emergency. 6340, 6363, 6365(d), 6367(e), and 6373(a); subpart K issued under 5 U.S.C. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. It is not an official legal edition of the CFR. (1) An employee is entitled to elect whether or not to substitute paid leave for leave without pay under this subpart, as permitted in this section. The agency may, for justifiable cause, request that an employee reschedule medical treatment, subject to the approval of the health care provider. 6301(2); (B) An employee of the Veterans Health Administration appointed under title 38, United States Code, in occupations listed in 38 U.S.C. Under 5 U.S.C. For full-time employees, that tour is the 40-hour basic workweek as defined in 5 CFR 610.102, the basic work requirement established for employees on a flexible or compressed work schedule as defined in 5 U.S.C. (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. (b) Criteria for exclusions. (1) An employee who was previously employed by an agency whose employees were not subject to 5 U.S.C. 6304(c). Such a request must include documentation that the affected pay system is equivalent to the SES or SL/ST pay system because it meets all three of the following conditions: (1) Pay rates are established under an administratively determined (AD) pay system that was created under a separate statutory authority. (h) An employee in the Senior Executive Service who, as of the first day of the first pay period beginning after October 13, 1994, has accumulated annual leave in excess of 90 days (720 hours) is entitled to retain that leave as a personal leave ceiling. 2023 Leave Chart & Schedule Tracker Now Available. Image: Kerlon/Shutterstock.com OPM has issued guidance on the effect of rare 27th The agency may distribute the leave immediately or may delay the distribution, in whole or part, until the beginning of the following leave year. (c) An agency shall establish an uncommon tour of duty for each firefighter compensated under part 550, subpart M, of this chapter. [71 FR 47695, Aug. 17, 2006, as amended at 75 FR 75372, Dec. 3, 2010]. (c) The approval and use of transferred annual leave shall be subject to all of the conditions and requirements imposed by chapter 63 of title 5, United States Code, part 630 of this chapter, and the employing agency on the approval and use of annual leave accrued under 5 U.S.C. Displaying title 5, up to date as of 7/06/2023. Limitation on the amount of donated annual leave received by an emergency leave recipient. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using the telephones and directories, using a post office, etc. This information need only be provided to the agency once. (1) Family and medical leave under this subpart is available to full-time and part-time employees. (ii) 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, daughter, or parent; (5) For the purpose of leave taken under 630.1203(a)(4), a statement that the employee is unable to perform one or more of the essential functions of his or her position or requires medical treatment for a serious health condition, based on written information provided by the agency on the essential functions of the employee's position or, if not provided, discussion with the employee about the essential functions of his or her position; and. Title 5 was last amended 6/20/2023. The employing agency that employed the employee at the time use of paid parental leave concluded is responsible for informing any other affected agency of the employee's failure to complete the required 12 weeks of work and of its determination regarding application of the reimbursement requirement. Time limit for use of restored annual leave. 6329c, which allows an agency to provide a separate type of paid leave when weather or other safety-related conditions prevent employees from safely traveling to or safely performing work at an approved location due to an act of God, terrorist attack, or other applicable condition. (2) Shore leave may be granted during a voyage only when requested by an employee. Gen. opinion B-215542 (08/01/85), during period covered by service agreement, refund of lump-sum payment and recredit of annual leave. FMLA unpaid leave means leave without pay granted under the Family and Medical Leave Act (FMLA) regulations in subpart L of this part. Use of annual leave to establish initial eligibility for retirement or continuation of health benefits. This subpart provides regulations to govern the granting of paid parental leave to covered employees. (1) An employee covered by this subpart, or an employee of the United States Postal Service or Postal Regulatory Commission, with a balance of unused disabled veteran leave who has a break in employment of at least 1 workday during the employee's 12-month eligibility period, and later recommences employment covered by 5 U.S.C. When coverage under 5 U.S.C.
Most feds will have a few extra hours of paid leave this year, thanks Presidential Memorandum, April 22, 1998; OPM Memorandum, April 23, 1998; Guidance April 23, 1998; participation of Federal employees in volunteer activities, Title II-Leave, Civilian Personnel Law Manual, chapter 4, part E-Employee Receiving Workers' Compensation; chapter 4, part H-Buy Back of Sick Leave; and chapter 2, part G, 7(c)(4)-Buy Back of Annual Leave, 62 Comp.
Leave If the employee's leave without pay was not granted on a prospective basis under this subpart, the retroactive substitution of paid parental leave may not be made unless the leave without pay period has been retroactively designated as leave under this subpart, as allowed under 630.1203(b). (e) Change in tour. (g) The employing agency of a leave donor who wishes to donate annual leave to a leave recipient in another agency shall verify the availability of annual leave in the leave donor's annual leave account, determine that the amount of annual leave to be donated does not exceed the limitations in 630.908, and ascertain that the leave recipient's employing agency has made any determination that may be required under paragraph (f) of this section. chapter 63 as follows: Subparts A through E issued under 5 U.S.C. (4) A serious health condition of the employee that makes the employee unable to perform any one or more of the essential functions of his or her position. 101(a)(13).). (b) In order to be eligible for disabled veteran leave, an employee must provide to the agency documentation from the Veterans Benefits Administration certifying that the employee has a qualifying service-connected disability. (1) Crediting the restored annual leave to the leave donor's annual leave account in the current leave year; (2) Crediting the restored annual leave to the leave donor's annual leave account effective as of the first day of the first leave year beginning after the date of election; or. View the most recent official publication: These links go to the official, published CFR, which is updated annually. When the term agency is used in the context of an agency making determinations or taking actions, it means the agency heads or management officials who are authorized (including by delegation) to make the given determination or take the given action. 59 FR 67129, Dec. 29, 1994, unless otherwise noted. (1) Establish its internal decision-making procedures; (2) Review and approve or disapprove each application to become a leave contributor under 630.1004 and a leave recipient under 630.1006 and 630.1007; (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 630.1004; and. When the term placement is used in connection with the use of leave under this subpart before placement has occurred, it refers to a planned or anticipated placement. 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 630.1205. Employee means an individual who is covered by this subpart, as described in 630.1601(b) and (c). Gen. 837 (1944), part 630, subparts B and C;Title II-Leave, Civilian Personnel Law Manual, chapter 2-Annual Leave, reduction in force - use of annual leave to qualify for retirement/health benefits, 39 Comp. (3) The agency head (or designee) must inform both the affected employees and the agency payroll provider in writing of the termination date as determined in paragraph (f)(2) of this section. Gen. Opinion B-109025, June 23, 1952, and B-109025, March 11, 1966. Participation in voluntary leave transfer and leave bank programs. This excludes service in a position in which the employee is not covered by 5 U.S.C. 2681518 (Oct. 21, 1998). Employee has the meaning given that term in 5 U.S.C.
What is annual leave? - OPM.gov - U.S. Office of Personnel Regulation Y (e) The agency must establish documentation and recordkeeping procedures sufficient to allow reconstruction of each action. You can learn more about the process The Office of Personnel Management issued a memo on June 26 detailing how 2023 will have 27 pay periods instead of 26 pay periods. 6382(a)(3) and (4), the leave entitlement is 26 administrative workweeks in a single 12-month period. The 12 administrative workweeks of paid parental leave may be used only during the 12-month period beginning on the date of the birth or placement involved. 6129) and 6326(b); subpart I issued under 5 U.S.C. If the entitlements under sections 6381 through 6387 of title 5, United States Code, and this subpart conflict with any Federal law prohibiting discrimination, an agency must comply with whichever statute provides greater entitlements to employees. (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 the employee's scheduled annual tour of duty by the end of the leave year in progress 2 years after the date fixed by the agency head (or designee) under paragraph (f)(2) of this section as the termination date of the exigency of the public business. (c) Verification. (2) Annual leave that is advanced to an employee under 5 U.S.C. (a) Purpose. WebA lump sum payment for unused annual leave (accumulated, accrued, and restored) may not be made to an employee who transfers without a break in service to another Federal (3) the agency which granted the home leave determines that it is in the public interest not to return the employee to his overseas assignment. (b) An employee must provide administratively acceptable evidence or medical certification for a request for sick leave no later than 15 calendar days after the date the agency requests such medical certification. (b) If leave taken under 630.1203(a) (3) or (4) of this part is foreseeable based on planned medical treatment, the employee shall consult with the agency and make a reasonable effort to schedule medical treatment so as not to disrupt unduly the operations of the agency, subject to the approval of the health care provider. [58 FR 39602, July 23, 1993, as amended at 60 FR 67288, Dec. 29, 1995; 61 FR 64454, Dec. 5, 1996. 7421; (C) A teacher or an individual holding a teaching position, as defined in section 901 of title 20, United States Code; (D) An employee identified in section 2105(c) of title 5, United States Code, who is paid from nonappropriated funds; (E) An employee carrying out screening functions who is appointed under section 111(d) of Public Law 10771 (49 U.S.C. 6302(d) or 6307(c) or any annual or sick leave accrued under 630.907(a) that has not been transferred to the appropriate leave account under 630.907(c). All heads of agencies are required to establish and periodically update (as necessary) procedures to administer this authority so that these policies are in place and immediately available for use any time the Director of OPM notifies agencies of a determination under paragraph (a)(1) of this section. 6304(d)(1)(B) because of an extended exigency, as defined in paragraph (b) of this section, must be scheduled and used within a time period that equals twice the number of full calendar years, or parts thereof, that the exigency existed. The agency shall extend this period by 1 leave year for each additional 208 hours of excess annual leave or any portion thereof. (b) The requirement for advance scheduling of annual leave in paragraph (a) of this section shall not apply to an employee who is covered by 5 U.S.C. 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. 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. (d) If an employee's service-connected disability rating is decreased or discontinued during the 12-month eligibility period such that the employee no longer has a qualifying service-connected disability, (1) The employee must notify the agency of the effective date of the change in the disability rating; and. 105; (b) A military department, as defined in 5 U.S.C. 6329, which establishes a leave category, to be known as disabled veteran leave, for an eligible employee who is a veteran with a service-connected disability rated at 30 percent or more. 5545(c)(1) and 550.141 of this chapter; (2) Is a regular tour of duty (as defined in 550.1302 of this chapter) established for firefighters compensated under 5 U.S.C. (5) If the employee fails to provide the agency with the required documentation or certification within the specified time period, the agency may determine that the employee is not entitled to paid parental leave and may, (i) Allow the employee to request that the absence be charged to leave without pay, sick leave, annual leave, or other forms of paid time off, as appropriate; or. [59 FR 67125, Dec. 29, 1994, as amended at 61 FR 64451, Dec. 5, 1996]. The credited leave shall exclude, (i) Any annual leave restored to the employee under 5 U.S.C. 105; or. Transferred annual leave means donated annual leave credited to an approved emergency leave recipient's annual leave account. (i) Multiple agencies involved. 6329c(d); and subpart Q issued under 5 U.S.C. 1601, et seq.) (4) At the end of the biweekly pay period in which the leave recipient's employing agency receives notice that the Office of Personnel Management has approved an application for disability retirement for the leave recipient under the Civil Service Retirement System or the Federal Employees' Retirement System. 1 CFR 1.1 Gen. 253 (1983);Comp. 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. Full biweekly pay period; leave earnings. (c) Another condition that prevents an employee or group of employees from safely traveling to or safely performing work at an approved location. 5383; or. (c) An employee with 15 years or more of service earns 1 hour of annual leave for each 10 hours in a pay status. Scheduling of annual leave by employees whose work is essential to respond to certain national emergencies. If you work for a Federal agency, use this drafting (d) Charging of home leave. (a) When an employee transfers between positions under subchapter I of chapter 63 of title 5, United States Code, the agency from which he transfers shall certify his annual leave account to the employing agency for credit or charge. will bring you directly to the content. Before annual leave may be restored under 5 U.S.C. The head of the agency or his or her designee may exempt employees 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 due to circumstances beyond his or her control. Pressing enter in the search box
Federal Employees: Making the Most of Your Annual Leave 6304(a), (b), and (c), as appropriate. If the employee had a different type of work schedule at the former agency, the hours used at the former agency must be converted before applying the offset, consistent with 630.1305(c). (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. Adoption refers to a legal process in which an individual becomes the legal parent of another's child. (d) Leave to care for a covered servicemember.
Annual Leave - U.S. Office of Personnel Management (c) Transferred annual leave restored to the account of a leave donor under paragraph (b) of this section shall be subject to the limitation imposed by 5 U.S.C. (2) If the employee's medical emergency has not yet terminated, once the employee has exhausted all leave made available to such employee under this subpart or subpart J of this part. For a fire and emergency service employee of the State Military Department, a maximum of 360 hours or 45 working days, including holidays and birthdays. [33 FR 12475, Sept. 4, 1968, as amended at 60 FR 67287, Dec. 29, 1995]. The statement must certify that. (a) Annual leave restored under 5 U.S.C. (2) For the entire period during which an employee is covered by such an ongoing exigency, the employee will not be subject to time limits on usage of any restored leave to the employee's credit under 5 U.S.C. 5383; or. An agency may extend the pay period in which to use 102. citations and headings 6306 upon reemployment by a Federal agency. Accumulated leave has the meaning given that term in 630.201 of this part. Bargaining unit employees must follow their Collective Bargaining Agreement. formatting. However, an agency may not deny an employee's entitlement to leave under 630.1203(a) of this part if the employee fails to follow such agency policies or procedures.
Leave Administration - U.S. Office of Personnel Management
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