[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32022]
[[Page Unknown]]
[Federal Register: December 29, 1994]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 591 and 630
RIN 3206-AF 75
Absence and Leave; Voluntary Leave Transfer and Voluntary Leave
Bank Programs
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final rules to
enable agencies to administer permanent voluntary leave transfer and
leave bank programs and to make certain other changes required by the
Federal Employees Leave Sharing Amendments Act of 1993.
EFFECTIVE DATE: January 30, 1995.
FOR FURTHER INFORMATION CONTACT:
Bruce W. Valoris, (202) 606-2858.
SUPPLEMENTARY INFORMATION: On January 31, 1994, the Office of Personnel
Management (OPM) issued interim rules implementing the Federal
Employees Leave Sharing Amendments Act of 1993 (Public Law 103-103,
October 8, 1993) (the Act). Agencies were required to implement the
interim rules no later than February 5, 1994. The 60-day comment period
ended on April 1, 1994. OPM received comments from 11 agencies. One
agency supported the interim regulations as written. A summary of the
other comments and a description of the revisions in the interim
regulations follow.
Requirement to Permit Leave Transfer
The interim regulations require each agency, including leave bank
agencies, to permit employees to donate annual leave directly to other
employees experiencing medical emergencies through leave transfer. OPM
made this change based on the statutory requirements of the Federal
Employees Leave Sharing Amendments Act of 1993. Previously, the law
allowed an agency to have either one or more leave banks or a leave
transfer program, but not both. One agency questioned whether OPM
interpreted the Act correctly by requiring agencies with leave banks to
operate separate leave transfer programs. The agency requested that OPM
review the new law to determine if there is agency discretion in this
matter.
OPM has determined that agencies with leave banks do not have such
discretion. Section 5(a)(1) of the Act amended 5 U.S.C. 6373 to require
that OPM prescribe regulations under which an employee participating in
a leave bank program may make or receive donations of leave under the
leave transfer program. To comply with this statutory provision, each
agency is required to establish leave transfer procedures that meet the
requirements established by law and OPM regulations.
Qualifying to Become a Leave Recipient
To make it easier to qualify as a leave recipient, the Act provided
that an agency may not consider any leave advanced to an employee when
determining whether a medical emergency is likely to result in a
substantial loss of income. The interim regulations reflected this
change by requiring that advanced leave be disregarded as ``available
paid leave.'' Two agencies expressed strong support for this statutory
change.
The interim regulations also reduced from 80 to 24 the number of
hours of unpaid absence that constitutes a ``substantial loss of
income'' for a full-time employee. Before approving an application for
a full-time employee to become a leave recipient, an agency must
determine that the absence from duty without paid leave (excluding
advanced leave) is, or is expected to be, at least 24 hours. Prior to
the interim regulations, a full-time employee's absence from duty
without available paid leave must have been, or have been expected to
be, at least 80 hours. Eight agencies did not support this change, and
one agency supported it. Two of the eight agencies that opposed the
change to 24 hours suggested a compromise of 40 hours.
The eight agencies generally expressed concern that lowering the
threshold for determining ``substantial loss of income'' would make it
too easy to qualify as a leave recipient. They believed the change was
unnecessary and would promote increased leave use and abuse because
employees would no longer have an incentive to conserve their accrued
leave. In addition, the agencies feared that lowering the threshold
would discourage donations of leave, change the character of the
already successful leave sharing program, and generally be detrimental
to preserving the viability of the leave sharing and leave bank
programs.
One agency noted that lowering the threshold from 80 to 24 hours
would result in additional demands for leave from the leave banks. The
agency asserted that a major decline in a leave bank's balanced would
cause a deterioration in benefits for all members. Another agency was
concerned that the change to 24 hours would undermine a program
designed to deal with catastrophic situations, which now may be turned
into a leave supplement program for routine short-term illnesses. An
agency maintained that the leave sharing program was enacted to assist
employees in dealing with significant hardships rather than minor
inconveniences.
One agency commented that the change to 24 hours was not mandated
by any legislative language, congressional finding, or evidence of a
need to reduce the original 80-hour requirement. Another agency pointed
out that OPM had not mentioned a need to make this change in its April
30, 1993, final report to Congress on the leave sharing program. The
agency requested OPM to provide insight as to why the reduction from 80
hours was made as well as the rationale for the selection of 24 hours.
Agencies also raised concerns about increased costs to administer the
program. Since many more employees could potentially meet the new
``substantial loss of income'' threshold for short-term illnesses
throughout the leave year, there would be frequent movements in and out
of the leave sharing program.
As a result of these comments, OPM recently contacted several of
the agencies that commented on the interim regulations. We informally
surveyed the agencies to learn about their experiences in applying the
24-hour threshold. (The interim regulations have been in effect since
January 31, 1994.) While several of the agencies contacted continue to
oppose the change, in no case has a leave transfer or leave bank
program been adversely affected. OPM continues to believe the 24-hour
threshold constitutes a substantial loss of income. Further, we do not
believe that the agencies' fears of increased administrative costs and
increased use of the leave sharing program are good justifications for
changing the required time period for unpaid absence back to 80 hours.
In addition, on July 11, 1994, the President issued a directive to
heads of agencies to encourage and support the expansion of family-
friendly work arrangements and to identify barriers to implementing
family-friendly work arrangements. We believe that changing the
threshold back to 80 hours would indeed create a barrier to family-
friendly work arrangements. Such an action is clearly not consistent
with the President's directive.
Two agencies suggested that any change in the ``substantial loss of
income'' threshold for full-time employees should result in a
corresponding change for part-time employees. Under the interim rule,
before a part-time employee can be qualified to become a leave
recipient, he or she is expected to experience an unpaid absence from
duty that is (or is expected to be) equal to the average number of
hours of work in the employee's biweekly scheduled tour of duty. In
many cases, this resulted in more hours of unpaid absence than the 24-
hours requirement for a full-time employee. OPM agrees with this
suggestion. In the final rule, a ``substantial loss of income'' for a
part-time employee or an employee with an uncommon tour of duty,
requires that the number of hours without available paid leave must be
equal to at least 30 percent of the average number of hours of work in
the employee's biweekly scheduled tour of duty. (See 5 CFR 630.903 and
630.1002.)
Prorating Contributions of Donated Leave for Part-time Employees
One agency commented that it did not believe a part-time employee
should have to contribute as much annual leave as a full-time employee
to join a leave bank. However, the statute makes no distinction between
full-time and part-time employees for this purpose, and the statutory
requirement cannot be modified by regulation. (See 5 U.S.C.
6366(b)(1).)
Agency's Waiver Authority to Accept Donations of Leave
One agency expressed concern about the possible consequences of
eliminating the phrase ``in unusual circumstances'' in 5 CFR 630.908(c)
and 630.105(c), since it provides agencies unrestricted authority to
waive the limitations on the amount of annual leave a leave donor may
donate in a leave year. The agency was concerned that this change might
result in donations of leave that would otherwise be subject to
forfeiture and thereby increase the cost of the program in a manner
inconsistent with the intent of Congress. OPM believes the elimination
of the phrase ``in unusual circumstances'' is consistent with the
original statutory language that was unchanged by the Act. (See 5
U.S.C. 6334(b)(3) and 6335(c).) It is not OPM's intent to encourage
agencies to accept donations of leave that would otherwise be subject
to forfeiture. Waivers should continue to be granted on a case-by-case
basis. The statutory and regulatory requirements to document all such
waivers (in writing) should provide adequate protection against abuse.
``Set-Aside'' Leave Accounts
Two agencies expressed disappointment that the new law retained the
separate (``set-aside'') leave account provision for leave earned while
an employee is using shared leave. OPM supported abolishing the
requirement for separate accounts in its April 30, 1993, report to
Congress. However, the change was not enacted. Both of these agencies
requested OPM to consider seeking future legislative action that would
eliminate these accounts.
One agency asked if leave in an employee's ``set aside'' sick leave
and ``set aside'' annual leave account transfers automatically to the
employee's regular sick leave and regular annual leave account or
whether the employee has to elect to have it transferred. When the
conditions set forth in 5 CFR 630.907(c) or 630.1008(c) exist, the
leave is transferred automatically to the employee's regular leave
accounts. The regulations do not require that the employee make an
election or request the transfer.
The same agency asked whether leave transferred from the employee's
``set aside'' account to his or her regular account could be used for
purposes other than an employee's ongoing medical emergency. Another
agency questioned whether sick or annual leave in an approved leave
recipient's ``set aside'' account may be used in connection with a
family member's medical emergency if that employee had exhausted shared
leave. The same agency asked whether an employee could use ``set
aside'' sick leave for personal medical reasons. Under 5 CFR 630.908(c)
and 630.1008(c), leave in an employee's ``set-aside'' leave accounts
may not be transferred for use until the medical emergency terminates
or the employee has exhausted all donated leave. However, once the
leave is transferred into the employee's regular leave accounts, it is
the employee's accrued leave (not shared leave) and can be used as any
other annual or sick leave.
An agency asked whether leave transferred from a leave recipient's
``set-aside'' accounts to his or her ``regular'' leave accounts must be
completely exhausted before the employee is permitted to use additional
shared leave that becomes available. Since this leave is available to
the employee as accrued leave in the employee's regular leave
account(s), the leave must be exhausted before shared leave may
continue to be used. (See 5 CFR 630.909(b) and 630.1009(b)).
An agency asked whether an employee's ``set-aside'' leave account
should be replenished when the employee returns to shared leave status
after he or she uses a portion of the ``set-aside'' leave. Under 5 CFR
630.907(a) (1) and (2) and 630.1008(a) (1) and (2), ``set-aside'' leave
accrual is limited to 40 hours per medical emergency. Once the ``set-
aside'' leave accounts reach the maximum of 40 hours, they may not be
replenished even if the employee uses a portion of the leave in the
``set-aside'' accounts and then returns to a shared leave status for
the same medical emergency.
Agency Administrative Matters
Two agencies requested more regulatory guidance regarding the
procedure an agency should follow to terminate an employee's
participation in the voluntary leave sharing program, particularly when
the employee has been absent for so long a period as to adversely
affect the agency or work unit mission. OPM believes the current
regulations provide sufficient authority and discretion for agencies to
terminate an employee's participation as a leave recipient. Sections
630.910(a)(3) and 630.1010(a)(4) vest agencies with the authority to
terminate the medical emergency of a leave recipient unilaterally when
it determines a leave recipient is no longer affected by the medical
emergency. Before terminating the medical emergency, the agency must
give the leave recipient written notice and an opportunity to answer
the notice.
In all cases, the agency has a responsibility to monitor the status
of the medical emergency affecting the leave recipient continually to
ensure that the leave recipient continues to be affected by the medical
emergency. (See 5 CFR 630.910(b)). When an agency is uncertain whether
an employee is experiencing (or continuing to experience) a legitimate
medical emergency, the agency may require the recipient to provide
appropriate medical documentation to ascertain the correct medical
status of the affected individual. If necessary, the agency may require
the employee or family member to be examined by one or more qualified
physicians of the agency's choosing. (The employee cannot be required
to pay the expenses associated with obtaining medical documentation
from more than one source.)
An agency has the authority to deny an employee's request to use
shared annual leave just as it may deny an employee's request to use
other annual leave. Each agency must use the existing regulatory
authorities at its disposal to prevent abuse of the voluntary leave
sharing and leave bank programs. OPM believes these are matters that
are best handled on a case-by-case basis within the flexibility of
policies developed by each agency rather than through additional
regulation.
Miscellaneous Technical and Editorial Comments
Under 5 U.S.C. 6369, procedures must be established for restoring
to the leave bank any transferred leave remaining to the credit of a
leave recipient after the medical emergency terminates. One agency
questioned whether leave banks are required under 5 CFR 630.1013 to
restore unused donated leave to individual leave donors if that leave
had been donated by employees under a leave transfer program. The same
agency asked whether procedures could be established that would permit
the leave bank to keep all such remaining unused leave. If not, the
agency questioned whether procedures could be established to permit
leave banks to keep donated leave that cannot be restored under 5 CFR
630.911.
Section 6369 of title 5, United States Code, is included in
subchapter IV (Voluntary Leave Bank Program) of chapter 63 and relates
to leave transferred from a leave bank. Leave that is donated by an
individual donor via the voluntary leave transfer program and not used
must, to the extent possible, be restored to the leave donor's account
(or, at the election of the leave donor, to another leave recipient).
Unused leave donated under subchapter III (Voluntary Transfers of
Leave) may not be credited to or appropriated by a leave bank. (See 5
U.S.C. 6336.) Only unused leave drawn from a leave bank is to be
restored to that leave bank.
An agency asked whether it could permit an employee to continue to
use donated leave for the period of time needed to arrange and/or
attend a funeral and settle other remaining matters in cases when a
medical emergency results in a family member's death. A medical
emergency terminates at the end of the biweekly pay period in which the
leave recipient is no longer affected by a medical emergency. (See 5
CFR 630.910.) OPM believes an agency may permit leave recipients to use
donated annual leave to arrange or attend the funeral of a family
member because the employee is still ``affected'' by the emergency. The
agency should ensure that the shared leave is being used by the
employee solely for activities specifically related to the medical
emergency and resultant death of the family member. The medical
emergency should be terminated promptly once these activities are
completed.
One agency asked whether the interim rule that was effective on
January 31, 1994, applies to leave sharing cases that were approved
prior to that date. The interim rule may not be applied retroactively
prior to January 31, 1994. However, the interim rule must be applied to
leave recipients participating in a leave sharing program on or after
January 31, 1994. For example, effective on or after January 31, 1994,
a leave recipient of a leave bank will also be eligible for leave
donated under the agency's voluntary leave transfer program.
Finally, two agencies suggested technical or editorial changes to
clarify or simplify language in 5 CFR 630.907(c)(1), 630.1002, and
630.1008(c)(1). OPM has modified the language in these sections of the
final regulations. In addition, the final regulations define
``available paid leave'' to assist agencies in determining an
employee's eligibility for shared leave. (See 5 CFR 630.902 and
630.1002.) Also, we have reduced the recordkeeping requirements in
Secs. 630.913 and 630.1012.
For the convenience of the reader, OPM is publishing the complete
text of the final voluntary leave transfer and leave bank program
regulations.
Technical Corrections
This notice also contains two technical corrections. In the final
regulations for uniform allowances, published in the Federal Register
on August 25, 1994 (59 FR 43703), the authority citation for part 591
is removed and an authority citation for subpart A of part 591 is
added. Also, in the final sick leave regulations published in the
Federal Register on December 2, 1994 (59 FR 62266), the reference to
paragraph (b) in Sec. 630.401(d) is removed and replaced by a reference
to paragraph (c).
Regulatory Flexibility Act
I certify that these regulations will not have a significant
economic impact on a substantial number of small entities because they
will affect only Federal employees and agencies.
List of Subjects
5 CFR Part 591
Government employees, Travel and transportation expenses, Wages.
5 CFR Part 630
Government employees.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending parts 591 and 630 of title 5 of the
Code of Federal Regulations as follows:
PART 591--ALLOWANCES AND DIFFERENTIALS
1. The authority citation for part 591 is removed.
2. A new authority citation for subpart A of part 591 is added to
read as follows:
Subpart A--Uniform Allowances
Authority: 5 U.S.C. 5903; E.O. 12748, 3 CFR 1991 Comp., p. 316.
PART 630--ABSENCE AND LEAVE
3. The authority citation for part 630 is revised to read as
follows:
Authority: (5 U.S.C. 6311; Sec. 630.301 also issued under Public
Law 103-356 (108 Stat. 3410); Sec. 630.303 also issued under 5
U.S.C. 6133(a); Secs. 630.306 and 630.308 also issued under 5 U.S.C.
6304(d)(3), Public Law 102-484 (106 Stat. 2722) and Public Law 103-
337 (108 Stat. 2663); subpart D also issued under Public Law 103-329
(108 Stat. 2423); Sec. 630.501 and subpart F also issued under E.O.
11228, 30 FR 7739, June 16, 1965, 3 CFR 1974 Comp., p. 163; subpart
G also issued under 5 U.S.C. 6305; subpart H issued under 5 U.S.C.
6326; subpart I also issued under 5 U.S.C. 6332 and Public Laws 100-
566 (102 Stat. 2834) and 103-103 (107 Stat. 1022); subpart J also
issued under 5 U.S.C. 6362 and Public Laws 100-566 and 103-103;
subpart K also issued under Public Law 102-25 (105 Stat. 92); and
subpart L also issued under 5 U.S.C. 6387 and Public Law 103-3 (107
Stat. 23).
Sec. 630.401 Grant of sick leave.
4. In paragraph (d), the reference to paragraph ``(b)'' is removed
and a reference to paragraph ``(c)'' is added in its place.
5. Subpart I is added to read as follows:
Subpart I--Voluntary Leave Transfer Program
Sec.
630.901 Purpose and applicability.
630.902 Definitions.
630.903 Administrative procedures.
630.904 Application to become a leave recipient.
630.905 Approval of application to become a leave recipient.
630.906 Transfer of annual leave.
630.907 Accrual of annual and sick leave.
630.908 Limitations on donation of annual leave.
630.909 Use of transferred annual leave.
630.910 Termination of medical emergency.
630.911 Restoration of transferred annual leave.
630.912 Prohibition of coercion.
630.913 Records and reports.
Subpart I--Voluntary Leave Transfer Program
Sec. 630.901 Purpose and applicability.
(a) Purpose. The purpose of this subpart is to set forth procedures
and requirements for a voluntary leave transfer program under which the
unused accrued annual leave of one agency officer or employee may be
transferred for use by another agency officer or employee who needs
such leave because of a medical emergency.
(b) Applicability. This subpart applies to officers and employees
to whom subchapter I of chapter 63 of title 5, United States Code,
applies.
Sec. 630.902 Definitions.
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 subchapter I of chapter 63 of title 5,
United States Code, applies. Agency 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 subchapter I of chapter 63 of title 5, United States Code,
and recredited and restored annual or sick leave under subpart E of
this part. Available paid leave does not include annual or sick leave
advanced to an employee under 5 U.S.C. 6302(d) or 6307(c) or any annual
or sick leave accrued under Sec. 630.907(a) that has not been
transferred to the appropriate leave account under Sec. 630.907(c).
Employee has the meaning given that term in 5 U.S.C. 6301(2),
except an individual employed by the government of the District of
Columbia.
Family member means the following relatives of the employee:
(a) Spouse, and parents thereof;
(b) Children, including adopted children, and spouses thereof;
(c) Parents;
(d) Brothers and sisters, and spouses thereof; and
(e) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
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 medical condition of an employee or a
family member of such employee that is likely to require an 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 under subchapter I means the administrative
status of an employee while the employee is using annual or sick leave
accrued or accumulated under subchapter I of chapter 63 of title 5,
United States Code.
Shared leave status means the administrative status of an employee
while the employee is using transferred leave under this subpart or
leave transferred from a leave bank under subpart J of this part.
Sec. 630.903 Administrative procedures.
Each Federal agency shall establish and administer procedures to
permit the voluntary transfer of annual leave consistent with this
subpart.
Sec. 630.904 Application to become a leave recipient.
(a) An employee may make written application to his or her
employing agency to become a leave recipient. If an employee is not
capable of making application on his or her own behalf, a personal
representative of the potential leave recipient may make written
application on his or her behalf.
(b) Each application shall be accompanied by the following
information concerning each potential leave recipient:
(1) The name, position title, and grade or pay level of the
potential leave recipient;
(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 potential leave
recipient;
(3) Certification from one or more physicians, or other appropriate
experts, with respect to the medical emergency, if the potential leave
recipient's employing agency so requires; and
(4) Any additional information that may be required by the
potential leave recipient's employing agency.
(c) If the potential leave recipient's employing agency requires
that a potential leave recipient obtain certification from two or more
sources under paragraph (b)(3) of this section, the potential leave
recipient's employing agency shall ensure, either by direct payment to
the expert involved or by reimbursement, that the potential leave
recipient is not required to pay for the expenses associated with
obtaining certification from more than one source.
Sec. 630.905 Approval of application to become a leave recipient.
(a) The potential leave recipient's employing agency shall review
an application to become a leave recipient under procedures established
by the employing agency for the purpose of determining that the
potential leave recipient is or has been affected by a medical
emergency.
(b) Before approving an application to become a leave recipient,
the potential leave recipient's employing agency shall determine that
the 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 of work 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, an agency shall not
consider factors other than whether the absence from duty without
available paid leave is (or is expected to be) at least 24 hours (or,
in the case of a party-time employee or an employee with an uncommon
tour of duty, at least 30 percent of the average number of hours of
work in the employee's biweekly scheduled tour of duty).
(d) If the application is approved, the employing agency shall
notify the leave recipient (or the personal representative who made
application on behalf of the leave recipient), within 10 calendar days
(excluding Saturdays, Sundays, and legal public holidays) after the
date the application was received (or the date the employing agency
established its administrative procedures, if that date is later),
that--
(1) The application has been approved; and
(2) Other employees of the leave recipient's employing agency may
request the transfer of annual leave to the account of the leave
recipient.
(e) If the application is not approved, the employing agency shall
notify the applicant (or the personal representative who made
application on behalf of the potential leave recipient), within 10
calendar days (excluding Saturdays, Sundays, and legal public holidays)
after the date the application was received (or the date the employing
agency established its administrative procedures, if that date is
later)--
(1) That the application has not been approved; and
(2) The reasons for its disapproval.
Sec. 630.906 Transfer of annual leave.
(a) An employee may submit a voluntary written request to his or
her own employing agency that a specified number of hours of his or her
accrued annual leave be transferred from his or her annual leave
account to the annual leave account of a specified leave recipient.
Except as provided in paragraph (f) of this section, annual leave may
be transferred only to a leave recipient employed by the leave donor's
employing agency.
(b) Except as provided in paragraph (d) of this section and subject
to the limitations on the amount of annual leave that may be donated by
a leave donor under Sec. 630.908, all or any portion of the annual
leave requested under paragraph (a) of this section may be transferred
to the annual leave account of the specified leave recipient under
procedures established by the leave recipient's employing agency.
(c) An agency having employees who earn and use annual leave on the
basis of an uncommon tour of duty shall establish procedures for
administering the transfer of annual leave to or from such employees
under this subpart.
(d) A leave recipient's employing agency shall not transfer annual
leave to a leave donor's immediate supervisor.
(e) Annual leave transferred under this section may be substituted
retroactively for period of leave without pay (LWOP) or used to
liquidate an indebtedness for advanced annual or sick leave granted on
or after a date fixed by the leave recipient's employing agency as the
beginning of the period of medical emergency for which LWOP or advanced
annual or sick leave was granted.
(f) A leave recipient's employing agency shall accept the transfer
of annual leave from leave donors employed by one or more other
agencies when--
(1) A family member of a leave recipient is employed by another
agency and requests the transfer of annual leave to the leave
recipient;
(2) In the judgment of the leave recipient's employing agency, the
amount of annual leave transferred from leave donors employed by the
leave recipient's employing agency may not be sufficient to meet the
needs of the leave recipient; or
(3) In the judgment of the leave recipient's employing agency,
acceptance of leave transferred from another agency would further the
purpose of the voluntary leave transfer program.
(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 Sec. 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. Upon satisfying these
requirements, the leave donor's employing agency shall--
(1) Reduce the amount of annual leave credited to the leave donor's
annual leave account, as appropriate; and
(2) Notify the leave recipient's employing agency in writing of the
amount of annual leave to be credited to the leave recipient's annual
leave account.
Sec. 630.907 Accrual of annual and sick leave.
(a) Except as otherwise provided in this section, while an employee
is in a shared leave status, annual and sick leave shall accrue to the
credit of the employee at the same rate as if the employee where then
in a paid leave status under subchapter I of chapter 63 of title 5,
United States Code, except that--
(1) The maximum amount of annual leave that may be accrued by an
employee while in a shared leave status 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 of work in the employee's weekly scheduled
tour of duty); and
(2) The maximum amount of sick leave that may be accrued by an
employee while in a shared leave status 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 of work in the employee's weekly scheduled
tour of duty).
(b) Any annual or sick leave accrued by an employee under this
subpart and subpart J of this part--
(1) Shall be credited to an annual or sick leave account, as
appropriate, separate from any leave account of the employee under
subchapter I of chapter 63 of title 5, United States Code; and
(2) Shall not become available for use by the employee and may not
otherwise be taken into account under subchapter I of chapter 63 of
title 5, United States Code, until it is transferred to the appropriate
leave account of the employee under subchapter I of chapter 63 of title
5, United States Code, as provided in paragraph (c) of this section.
(c) Any annual or sick leave accrued by an employee under this
section shall be transferred to the appropriate leave account of the
employee under subchapter I of chapter I of chapter 63 of title 5,
United States Code, and shall become available for use--
(1) As of the beginning of the first pay period beginning on or
after the date on which the employee's medical emergency terminates as
described in Sec. 630.910(a)(2) or (3); or
(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.
(d) If the leave recipient's employing agency advances at the
beginning of the leave year the amount of annual leave the employee
normally would accrue during the entire leave year under 5 U.S.C.
6302(d)--
(1) The leave recipient's employing agency shall 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 of work in the employee's weekly scheduled tour of
duty) of annual leave are placed in a separate annual leave account and
made available for use by the employee as described in paragraph (c) of
this section; and
(2) The employee shall continue to accrue annual leave while in a
shared leave status to the extent necessary for the purpose of reducing
an indebtedness caused by the use of annual leave advanced by the
beginning of the leave year.
(e) If the employee's medical emergency terminates as described in
Sec. 630.910(a)(1), no leave shall be credited to the employee under
this section.
Sec. 630.908 Limitations on donation of annual leave.
(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) In the case of a leave donor who 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 shall be the lesser of--
(1) 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;
or
(2) The number of hours remaining in the leave year (as of the date
of the transfer) for which the leave donor is scheduled to work and
receive pay.
(c) Each agency shall establish written criteria for waiving the
limitations on donating annual leave under paragraphs (a) and (b) of
this section. Any such waiver shall be documented in writing.
(d) The limitations in this section shall apply to the total amount
of annual leave donated or contributed under subparts I and J of this
part.
Sec. 630.909 Use of transferred annual leave.
(a) A leave recipient may use annual leave transferred to his or
her annual leave account under Sec. 630.906 only for the purpose of a
medical emergency for which the leave recipient was approved.
(b) Except as provided in Sec. 630.907, during each biweekly pay
period that a leave recipient is affected by a medical emergency, he or
she shall use any accrued annual leave (and sick leave, if applicable)
before using transferred annual leave.
(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. 6303, except that transferred annual leave may accumulate
without regard to the limitation imposed by 5 U.S.C. 6304(a).
(d) Transferred annual leave 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 agency as the beginning of the medical emergency.
(e) Transferred annual leave may not be--
(1) Transferred to another leave recipient under this subpart,
except as provided in Sec. 630.911(e)(3);
(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.
Sec. 630.910 Termination of medical emergency.
(a) The medical emergency affecting a leave recipient shall
terminate--
(1) When the leave recipient's Federal service is terminated;
(2) At the end of the biweekly pay period in which the leave
recipient's employing agency receives written notice from the leave
recipient or from a personal representative of the leave recipient that
the leave recipient is no longer affected by a medical emergency;
(3) At the end of the biweekly pay period in which the leave
recipient's employing agency determines, after written notice from the
agency and an opportunity for the leave recipient (or, if appropriate,
a personal representative of the leave recipient) to answer orally or
in writing, that the leave recipient is no longer affected by a medical
emergency; or
(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.
(b) The leave recipient's employing agency shall continuously
monitor the status of the medical emergency affecting the leave
recipient to ensure that the leave recipient continues to be affected
by a medical emergency.
(c) When the medical emergency affecting a leave recipient
terminates, no further requests for transfer of annual leave to the
leave recipient may be granted, and any unused transferred annual leave
remaining to the credit of the leave recipient shall be restored to the
leave donors under Sec. 630.911.
(d) An agency may deem a medical emergency to continue for the
purpose of providing a leave recipient an adequate period of time
within which to receive donations of annual leave.
Sec. 630.911 Restoration of transferred annual leave.
(a) Under procedures established by the leave recipient's employing
agency, any transferred annual leave remaining to the credit of a leave
recipient when the medical emergency terminates shall be restored, as
provided in paragraphs (b) and (c) of this section and to the extent
administratively feasible, by transfer 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 chapter 63 of title 5, United States
Code.
(b) The amount of unused transferred annual leave to be restored to
each leave donor shall 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 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 shall be restored. In no case shall the amount of annual
leave restored to a leave donor exceed the amount transferred to the
leave recipient by the leave donor.
(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 shall not restore the unused transferred annual leave.
(e) At the election of the leave donor, unused transferred annual
leave restored to the leave donor under paragraph (a) of this section
may be restored by--
(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
(3) Donating such leave in whole or part to another leave
recipient.
(f) If a leave donor elects to donate only part of his or her
restored leave to another leave recipient under paragraph (e)(3) of
this section, the donor may elect to have the remaining leave credited
to the leave donor's annual leave account under paragraph (e)(1) or
(e)(2) of this section.
(g) Transferred annual leave restored to the account of a leave
donor under paragraph (e) (1) or (2) of this section shall be 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.
Sec. 630.912 Prohibition of coercion.
(a) An employee may not directly or indirectly intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any
other employee for the purpose of interfering with any right such
employee may have with respect to donating, receiving, or using annual
leave under this subpart.
(b) For the purpose of paragraph (a) of this section, the term
``intimidate, threaten, or coerce'' includes promising to confer or
conferring any benefit (such as an appointment or promotion or
compensation) or effecting or threatening to effect any reprisal (such
as deprivation of appointment, promotion, or compensation).
Sec. 630.913 Records and reports.
(a) Each agency shall maintain records concerning the
administration of the voluntary leave transfer program and may be
required by the Office of Personnel Management to report any
information necessary to evaluate the effectiveness of the program.
(b) Agencies shall maintain the following information:
(1) The number of applications approved for medical emergencies
affecting the employee and the number of applications approved for
medical emergencies affecting an employee's family member;
(2) The grade or pay level of each leave recipient and leave donor,
the gender of each leave recipient, and the total amount of transferred
annual leave used by each leave recipient; and
(3) Any additional information OPM may require.
5. Subpart J is added to read as follows:
Subpart J--Voluntary Leave Bank Program
Sec.
630.1001 Purpose and applicability.
630.1002 Definitions.
630.1003 Establishing leave banks and leave bank boards.
630.1004 Application to become a leave contributor and leave bank
member.
630.1005 Limitations on contribution of annual leave.
630.1006 Application to become a leave recipient.
630.1007 Approval of application to become a leave recipient.
630.1008 Accrual of annual and sick leave.
630.1009 Use of annual leave withdrawn from a leave bank.
630.1010 Termination of medical emergency.
630.1011 Prohibition of coercion.
630.1012 Records and reports.
630.1013 Participation in voluntary leave transfer and leave bank
programs.
630.1014 Movement between voluntary leave bank programs.
630.1015 Movement between voluntary leave bank and leave transfer
programs.
630.1016 Termination of a voluntary leave bank program.
Subpart J--Voluntary Leave Bank Program
Sec. 630.1001 Purpose and applicability.
(a) Purpose. The purpose of this subpart is to establish procedures
and requirements for a voluntary leave bank program under which the
unused accrued annual leave of an employee may be contributed to a
leave bank for use by a leave bank member who needs such leave because
of a medical emergency.
(b) Applicability. This subpart applies to officers and employees--
(1) To whom subchapter I of chapter 63 of title 5, United States
Code applies; and
(2) Who are employed in agencies and their organizational subunits
operating a voluntary leave bank program under this subpart.
Sec. 630.1002 Definitions.
Agency means an ``Executive agency,'' as defined in 5 U.S.C. 105,
or a ``military department,'' as defined in 5 U.S.C. 102. ``Agency''
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 subunit thereof, as
determined by the President, whose principal function is the conduct of
foreign intelligence or counterintelligence activities.
Available paid leave has the meaning given that term in subpart I
of this part.
Employee has the meaning given that term in subpart I of this part.
Family member has the meaning given that term in subpart I of this
part.
Leave bank means a pooled fund of annual leave established by an
agency under Sec. 630.1003.
Leave bank member means a leave 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. 630.1004.
Leave contributor means an employee who contributes annual leave to
a leave bank under Sec. 630.1004.
Leave recipient means a leave bank member whose application to
receive contributions of annual leave from a leave bank has been
approved under Sec. 630.1007.
Medical emergency has the meaning given that term in subpart I of
this part.
Paid leave status under subchapter I has the meaning given that
term in subpart I of this part.
Shared leave status has the meaning given that term in subpart I of
this part.
Sec. 630.1003 Establishing leave banks and leave bank boards.
(a) Each agency that participates in the voluntary leave bank
program shall, in accordance with this subpart--
(1) Develop written policies and procedures for establishing and
administering leave banks and leave bank boards;
(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) No more than one leave bank board may be established for each
leave bank.
(c) Each leave bank board shall consist of three members. At least
one member shall represent a labor organization or employee group.
(d) Each leave bank board shall--
(1) Establish its internal decision-making procedures;
(2) Review and approve or disapprove each application to become a
leave contributor under Sec. 630.1004 and a leave recipient under
Secs. 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 Sec. 630.1004;
and
(6) Perform other functions prescribed in this subpart.
(e) Annual leave may not be borrowed, contributed, or otherwise
transferred between leave banks.
Sec. 630.1004 Application to become a leave contributor and leave bank
member.
(a) An employee may make voluntary written application to the leave
bank board to become a leave contributor. The application shall specify
the number of hours of annual leave 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 the leave contributor's immediate
supervisor.
(c) A leave contributor shall become a leave bank member for a
particular leave year if he or she submits an application meeting the
requirements of this section during an open enrollment period
established by the leave bank board under paragraphs (d) and (e) of
this section (or where applicable, during an individual enrollment
period established under paragraph (f) of this section).
(d) The leave bank board shall establish at least one open
enrollment period for each leave year of leave bank operation.
(e) An open enrollment period shall last at least 30 calendar days.
The agency shall take appropriate action to inform employees of each
open enrollment period.
(f) An employee entering the agency or participating organizational
subunit or returning from an extended absence outside an open
enrollment period may become a leave bank member for the 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.
(g) Except as provided in paragraph (h) of this section, the
minimum contribution required to become a leave bank member for a leave
year shall be--
(1) 4 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) 6 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) 8 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.
(h) The leave bank board may--
(1) Decrease the minimum contribution required by paragraph (g) of
this section for the following leave year when the leave bank board
determines that there is a surplus of leave in the bank;
(2) Increase the minimum contribution required by paragraph (g) of
this section for the following leave year when the leave bank 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 (g) of this section when a leave bank member transfers within
his or her employing agency to an organization covered by a different
leave bank.
(i) 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 shall be deemed to have made the
minimum contribution.
(j) The leave bank board shall deposit all contributions of annual
leave under this subpart in the leave bank. Except as provided in
Sec. 630.1016(c), the leave bank board may not return a contribution of
annual leave to a leave contributor after deposit in the leave bank.
(k) A leave bank member may apply to contribute additional annual
leave at any time. An employee who is not a leave bank member may apply
to become a leave contributor at any time.
Sec. 630.1005 Limitations on contribution of annual leave.
(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) In the case of a leave contributor who 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 contributed during the leave year shall be the lesser
of--
(1) 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; or
(2) The number of hours remaining in the leave year (as of the date
of the contribution) for which the leave contributor is scheduled to
work and receive pay.
(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. Any such waiver shall be
documented in writing.
(d) The limitations in this section shall apply to the total amount
of annual leave donated or contributed during the leave year under
subparts I and J of this part.
Sec. 630.1006 Application to become a leave recipient.
(a) A leave bank member may make written application to the leave
bank board to become a leave recipient. If a 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) 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.
(c) An application by a leave bank member to become a leave
recipient shall be accompanied by the following information concerning
the potential leave recipient:
(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) Certification from one or more physicians, or other appropriate
experts, with respect to the medical emergency, if the leave bank board
so requires; and
(4) 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 (b)(3) of this
section, the agency shall ensure, either by direct payment to the
expert 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. 630.1007 Approval of application to become a leave recipient.
(a) The leave bank board shall 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.
(b) Before approving an application to become a leave recipient,
the leave bank board shall determine that the 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 of work 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, the leave bank board
shall not consider factors other than whether the absence from duty
without available paid leave 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 of work in the employee's biweekly scheduled tour of duty).
(d) The leave bank board shall provide timely written notification
to the applicant of the action taken on the application. If the leave
bank board disapproves the application, notification shall include the
reasons for disapproval.
(e) The leave bank board may establish written policies limiting
the amount of annual leave that may be granted to a leave recipient.
Sec. 630.1008 Accrual of annual and sick leave.
(a) Except as otherwise provided in this section, while an employee
is in a shared leave status, annual and sick leave shall accrue to the
credit of the employee at the same rate as if the employee were then in
a paid leave status under subchapter I of chapter 63 of title 5, United
States Code, except that--
(1) The maximum amount of annual leave that may be accrued by a
leave recipient while in a shared leave status 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 of work in the employee's weekly scheduled
tour of duty); and
(2) The maximum amount of sick leave that may be accrued by a leave
recipient while in a shared leave status 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 of work in the employee's weekly scheduled
tour of duty).
(b) Any annual or sick leave accrued by an employee under this
subpart and subpart I of this part--
(1) Shall be credited to an annual or sick leave account, as
appropriate, separate from any leave account of the employee under
subchapter I of chapter 63 of title 5, United States Code; and
(2) Shall not become available for use by the employee and may not
otherwise be taken into account under subchapter I of chapter 63 of
title 5, United States Code, until it is transferred to the appropriate
leave account of the employee under subchapter I of chapter 63 of title
5, United States Code, as provided in paragraph (c) of this section.
(c) Any annual or sick leave accrued by an employee under this
section shall be transferred to the appropriate leave account of the
employee under subchapter I of chapter 63 of title 5, United States
Code, and shall become available for use--
(1) As of the beginning of the first pay period beginning on or
after the date on which the employee's medical emergency terminates as
described in Sec. 630.1010(a)(3) or (4); or
(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 of subpart I of this part.
(d) If the leave recipient's employing agency advances at the
beginning of the leave year the amount of annual leave the employee
normally would accrue during the entire leave year under 5 U.S.C.
6302(d)--
(1) The leave recipient's employing agency shall 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 of work in the employee's weekly scheduled tour of
duty) of annual leave are placed in a separate annual leave account and
made available for use by the employee as described in paragraph (c) of
this section; and
(2) The employee shall continue to accrue annual leave while using
annual leave withdrawn from a leave bank to the extent necessary for
the purpose of reducing an indebtedness caused by the use of annual
leave advanced at the beginning of the leave year.
(e) If the leave recipient's medical emergency terminates as
described in Sec. 630.1010(a)(1), no leave shall be credited to the
employee under this section.
Sec. 630.1009 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 medical emergency for which the leave
recipient was approved.
(b) Except as provided in Sec. 630.1008, during each biweekly pay
period that a leave recipient is affected by a medical emergency, he or
she shall 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 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 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) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552; or
(2) Made available for recredit under 5 U.S.C. 6306 upon
reemployment by a Federal agency.
(f) An agency having employees who earn and use annual leave on the
basis of an uncommon tour of duty shall establish procedures for
administering the contribution and withdrawal of annual leave by such
employees under this subpart.
Sec. 630.1010 Termination of medical emergency.
(a) The medical emergency affecting a leave recipient shall
terminate--
(1) When the leave recipient's Federal service terminates;
(2) When the leave recipient leaves the agency or participating
organizational subunit, if the bank board so determines;
(3) At the end of the biweekly pay period in which the leave bank
board receives written notice from the leave recipient or from a
personal representative of the leave recipient that the leave recipient
is no longer affected by a medical emergency;
(4) 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, a personal
representative of the leave recipient) to answer orally or in writing,
that the leave recipient is no longer affected by a medical emergency;
or
(5) At the end of the biweekly pay period in which the 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.
(b) The leave bank board shall ensure that annual leave withdrawn
from the leave bank and not used before the termination of a leave
recipient's medical emergency shall be returned to the leave bank.
(c) The leave bank board may deem a medical emergency to continue
for the purpose of providing a leave recipient an adequate period of
time within which to receive contributions of annual leave.
Sec. 630.1011 Prohibition of coercion.
(a) An employee may not directly or indirectly intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any
other employee for the purpose of interfering with any right such
employee may have with respect to contributing, withdrawing, or using
annual leave under this subpart.
(b) For the purpose of paragraph (a) of this section--
(1) The term ``employee'' has the meaning given that term in 5
U.S.C. 6301(2), excluding an individual employed by the District of
Columbia; and
(2) The term ``intimidate, threaten, or coerce'' includes promising
to confer or conferring any benefit (such as an appointment or
promotion or compensation) or effecting or threatening to affect any
reprisal (such as deprivation of appointment, promotion, or
compensation).
Sec. 630.1012 Records and Reports.
(a) Each agency shall maintain records concerning the
administration of the voluntary leave bank program and may be required
by the Office of Personnel Management to report any information
necessary to evaluate the effectiveness of the program.
(b) An agency shall maintain the following information for each
leave bank:
(1) The number of leave bank members for each leave year;
(2) The number of applications approved for medical emergencies
affecting the employee and the number of applications approved for
medical emergencies affecting an employee's family member;
(3) The grade or pay level of each leave contributor and the total
amount of annual leave he or she contributed to the bank;
(4) The grade or pay level and gender of each leave recipient and
the total amount of annual leave he or she actually used; and
(5) Any additional information OPM may require.
Sec. 630.1013 Participation in 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) Except as provided in paragraphs (b) and (c) of this section,
any annual leave previously transferred to an employee under the
voluntary leave transfer program shall remain to the credit of the
employee who later becomes a leave recipient in a leave bank and shall
become subject to the agency's policies and procedures for
administering this subpart; and
(3) The agency or organizational subunit shall establish policies
or procedures governing the use of donated or transferred leave for any
leave recipient who 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 leave recipient's medical emergency, any
annual leave previously transferred under the voluntary leave transfer
program and remaining to the credit of a leave recipient shall be
restored under Sec. 630.911(a) through (d).
(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. 6304(a) at the end of the leave year in
which the annual leave is restored.
Sec. 630.1014 Movement between voluntary leave bank programs.
If an employee moves between an agency or organizational subunit
operating a leave bank to an agency or organizational subunit operating
a different leave bank, the following procedures shall apply:
(a) On the date of the employee's move, he or she shall become
subject to the policies an procedures of the voluntary leave bank
program of the new agency or organizational subunit; and
(b) Nothing in Sec. 630.1010(a)(2) or (b) shall interfere with the
employee's right to submit an application to become a leave contributor
or leave recipient in accordance with the policies and procedures of
the voluntary leave bank program of the new agency or organizational
subunit.
Sec. 630.1015 Movement between voluntary leave bank and leave transfer
programs.
If an employee moves between an agency or organizational subunit
covered by a voluntary leave bank program under this subpart and an
agency or organizational subunit covered by a voluntary leave transfer
program under subpart I of this part, the following procedures shall
apply.
(a) On the date of the employee's move, he or she shall become
subject to the policies and procedures of the voluntary leave transfer
and voluntary leave bank program (if applicable) of the new agency or
organizational subunit; and
(b) Nothing in Sec. 630.1010(a)(2) or (b) shall interfere with the
employee's right to submit an application to become a leave donor (or
leave contributor, as applicable) or leave recipient under the
voluntary leave transfer or voluntary leave bank program (as
applicable) of the new agency or organizational subunit.
Sec. 630.1016 Termination of a voluntary leave bank program.
(a) An agency may terminate a voluntary leave bank program only
after it gives 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 a leave bank recipient shall
remain available for use under the rules set forth in subpart I of this
part.
(c) An agency that terminates a voluntary leave bank program shall
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 the
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.
[FR Doc. 94-32022 Filed 12-28-94; 8:45 am]
BILLING CODE 6325-01-M
