[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Rules and Regulations]
[Pages 22455-22456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11179]
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OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 630
RIN 3206-AG45
Absence and Leave; Use of Restored Annual Leave
AGENCY: Office of Personnel Management.
ACTION: Final rule.
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SUMMARY: The Office of Personnel Management is issuing final
regulations to provide employees with additional time in which to use
restored annual leave that was forfeited as a result of employment at a
Department of Defense installation undergoing closure or realignment.
EFFECTIVE DATE: June 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Sharon Herzberg, (202) 606-2858.
SUPPLEMENTARY INFORMATION: On December 7, 1994, the Office of Personnel
Management (OPM) published interim regulations (59 FR 62971) that
provided relief to Federal employees at Department of Defense (DOD)
installations undergoing closure or realignment who accumulate large
amounts of restored annual leave under the provisions of section 4434
of Public Law 102-484, the National Defense Authorization Act for
fiscal year 1993, and sections 341 and 2816 of Public Law 103-337,
October 5, 1994, the National Defense Authorization Act for fiscal year
1995. These provisions of law amended 5 U.S.C. 6304(d) to provide that
any annual leave in excess of the maximum limitation that is accrued by
an employee at a DOD installation undergoing closure or realignment
must be restored and credited to the employee in a separate leave
account.
During the 60-day comment period, OPM received two comments, one
from a labor organization and one from an individual. Following is a
summary of the comments.
Time Limit for Using Restored Annual Leave
Employees remaining for several years at closing DOD installations
or DOD installations undergoing realignment may accumulate large
amounts of restored annual leave in their separate accounts established
under 5 U.S.C. 6304(d)(3). After the employee leaves the DOD base
undergoing closure or realignment, the employee and the employer are
confronted with the prospect of the employee having to use sizable
amounts of annual leave at the gaining agency or organization within a
limited period of time. The interim regulations provided relief to
affected employees by--
Establishing a longer period of time for using annual
leave restored under 5 U.S.C. 6304(d)(3), based on the amount of
restored leave in the employee's separate leave account and using
formulas similar to the formulas used in back pay computations under 5
CFR 550.805(g);
Deferring the start of the time period for using restored
annual leave under 5 U.S.C. 6304(d)(3) until the employee no longer
works at a closing DOD installation or a DOD installation undergoing
realignment; and
Permitting the head of an agency to exempt covered
employees who move during the leave year to an installation not
undergoing closure or realignment from the requirement to schedule
excess annual leave in advance in order for such leave to be considered
for restoration.
Both the individual and the labor organization objected to OPM's
formula for calculating the time limit for use of restored annual leave
and suggested increasing the limit. The individual suggested that all
employees be given 5 years to use restored annual leave. The labor
organization also suggested that OPM allow employees 5 years to use the
restored annual leave or that OPM designate base closures and
realignments as ``extended exigencies of the public business'' and
follow the procedures outlined in 5 CFR 630.309. The labor organization
alternatively proposed that, under the procedures outlined for extended
exigencies, affected employees be given 2 years to use excess annual
leave for every year or portion of a year the employee was covered
under 5 U.S.C. 6304(d)(3)--i.e., an employee covered under 5 U.S.C.
[[Page 22456]] 6304 for 4 years would be given 8 years to use
accumulated annual leave.
Base closings and realignments do not meet the definition of
``extended exigencies of the public business.'' Under 5 CFR 630.308, an
extended exigency must be an exigency of such significance as to
threaten the national security, safety, or welfare; last more than 3
calendar years; affect a segment of an agency or an occupational class;
and preclude subsequent use of both restored and accrued annual leave
within the period specified in 5 CFR 630.306.
OPM regulations calculate the time limit for using restored annual
leave based on the amount of leave restored rather than the time served
at a closing or realigning DOD installation. We believe this provides a
more equitable approach, since employees who serve the same amount of
time at a closing installation may leave that installation with vastly
different amounts of annual leave restored in their accounts due to
different leave accrual rates. Linking the time limit for using
restored leave solely to the amount of time served at a closing or
realigning base would disadvantage employees who are in the 8-hour
leave accrual category, as compared to employees in the 4-hour leave
accrual category. Therefore, OPM has not revised the rule in this
regard.
The individual suggested that, as an alternative to establishing
new time limits for the use of restored annual leave, the losing
installation by the restored excess annual leave from the employee at
the time of transfer. Under 5 U.S.C. 5551, lump-sum payments for
accumulated and accrued annual leave are authorized only upon
separation from the Federal Government or transfer to another leave
system to which annual leave accrued under chapter 63 of title 5,
United States Code, cannot be transferred. There is no provision in law
or regulation for lump-sum payments for accumulated and accrued annual
leave upon transfer between positions that are covered under chapter 63
of title 5, United States Code.
The labor organization recommended that an employee who becomes
subject to another closure or realignment during the time period in
which he or she must use restored annual leave should be considered as
continuing under the exigency of the public business. OPM believes this
situation is already addressed in the interim rule. Under 5 CFR
630.306(c), ``time limits for using restored annual leave shall not
apply for the entire period under which an employee is subject to 5
U.S.C. 6304(d)(3).'' When an employee with an active restored leave
account becomes subject to another closure or realignment, the time
limit for using the restored leave account will be canceled for the
entire period during which an employee is subject to 5 U.S.C.
6304(d)(3). After the employee's coverage under 5 U.S.C. 6304(d)(3)
ends, a new time limit will be established for all restored annual
leave available to the employee under 5 U.S.C. 6304(d). The new time
limit for using restored annual leave will begin on the date the
employee is no longer subject to 5 U.S.C. 6304(d)(3). Therefore, OPM
believes no change is necessary in the regulations.
When an employee moves during the leave year to an agency or DOD
base not undergoing closure or realignment, OPM's interim regulations
state that the employee must show that a ``reasonable attempt'' was
made to schedule leave, in order to have any excess annual leave for
the leave year considered for restoration. The labor organization
believes its recommended alternative of shielding excess annual leave
under the extended exigency language in 5 CFR 630.308 alleviates any
capricious or arbitrary determination by an agency head as to whether
the employee made a reasonable attempt to schedule excess annual leave.
Accrued annual leave is not subject to forfeiture until the end of
the leave year. Under 5 U.S.C. 6304(d), excess annual leave cannot be
considered for restoration until after the end of the leave year in
which it is forfeited. Although an employee may have been exempt from
the advance scheduling requirement for that portion of the year during
which he or she was employed at a DOD closing or realigning
installation, this does not guarantee that the employee's excess annual
leave will be restored, since there may have been sufficient time to
schedule and use his or her annual leave after leaving the DOD
installation and before the end of the leave year. Under 5 CFR
630.308(b), the head of the agency may exempt employees from the
advance scheduling requirement if the employee can show that he or she
was covered by 5 U.S.C. 6304(d)(3) during the leave year and that he or
she was unable to comply with the scheduling requirement because of
circumstances beyond his or her control.
OPM believes no changes are necessary in the interim regulations.
Therefore, OPM is adopting as final the interim rule to provide
employees with additional time in which to use restored annual leave
that was forfeited as a result of employment at a DOD installation
undergoing closure or realignment.
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 agencies and employees.
List of Subjects in 5 CFR Part 630
Government employees.
Office of Personnel Management.
James B. King,
Director.
Accordingly, under the authority of 5 U.S.C. 6304(d)(2), the
interim rule amending subpart C of 5 CFR part 630, published at 59 FR
62971 on December 7, 1994, is adopted as a final rule without change.
[FR Doc. 95-11179 Filed 5-5-95; 8:45 am]
BILLING CODE 6325-01-M
