[Federal Register Volume 60, Number 124 (Wednesday, June 28, 1995)]
[Rules and Regulations]
[Pages 33327-33328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15535]
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 630
RIN 3206-AG48
Absence and Leave; SES Annual Leave Accumulation
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management is issuing final rules
governing annual leave accumulation for members of the Senior Executive
Service (SES). SES members are now subject to a 90-day (720-hour)
maximum limitation on the amount of annual leave that may be carried
over from one leave year to the next.
EFFECTIVE DATE: July 28, 1995.
FOR FURTHER INFORMATION CONTACT: Frank Derby, (202) 606-2858.
SUPPLEMENTARY INFORMATION: On December 21, 1994, the Office of
Personnel Management (OPM) issued interim regulations (59 FR 65704)
implementing section 201of the Government Management Reform Act of 1994
(Pub. L. 103-356, enacted October 13, 1994). Section 201 amended 5
U.S.C. 6304(f) to provide a 90-day (720-hour) limit on the amount of
annual leave a member of the Senior Executive Service (SES) may carry
over from one leave year to the next. Section 201 also contained a
grandfather clause to allow SES members who had accumulated more than
90 days (720 hours) of annual leave as of the first day of the first
pay period beginning after October 13, 1994, to retain the higher
amount as a personal leave ceiling. The personal leave ceiling is the
maximum amount of accrued annual leave an affected SES member may carry
over from one leave year to the next. The personal leave ceiling is
subject to reduction under 5 U.S.C. 6304(c) if the SES member uses more
leave than he or she earns in a leave year.
The 60-day comment period ended on February 21, 1995. OPM received
one comment from an agency that requested information on how to apply
the statutory and regulatory limitations on annual leave accrual for
individuals entering the SES. We agree that this information is
necessary and have added this information to 5 CFR 630.301(b).
(Previously, this information was provided in former FPM Supplement
920-1, Operations Handbook for the Senior Executive Service, which
expired on December 31, 1994.)
Employees in non-SES positions are subject to a 30-day or 45-day
maximum annual leave ceiling under 5 U.S.C. 6304 (a), (b), or (c), as
appropriate. When an employee in a non-SES position moves to a position
in the Senior Executive Service, any annual leave accumulated prior to
movement remains to the employee's credit. Annual leave in excess of
the 30-day or 45-day leave ceilings that accrued prior to the
employee's entry into the SES and that is not used by the beginning of
the next leave year is subject to forfeiture. Annual leave that is not
in excess of the [[Page 33328]] 30-day or 45-day maximum limitations
and any annual leave accrued while serving in the SES is carried
forward and becomes subject to the 90-day maximum limitation on accrued
annual leave for SES members.
Example: A GS-15 employee who has 300 hours of accumulated
annual leave (i.e., 60 hours in excess of the 240-hour (30-day)
leave ceiling) is appointed to an SES position on June 14, 1995. The
employee earns 100 additional hours of annual leave in the SES
before the end of the 1995 leave year. If the SES member uses only
40 of the 60 hours of excess annual leave during the remainder of
the 1995 leave year, his or her leave balance at the beginning of
the 1996 leave year will be 340 hours (the maximum 240 hours carried
over as a GS-15 employee, plus the 100 hours earned while in the
SES). The remaining 20 hours of excess leave will be forfeited at
the beginning of the 1996 leave year. If the SES member uses more
than 60 hours of excess annual leave (e.g., 80 hours) during the
remainder of the 1995 leave year, his or her leave balance at the
beginning of the 1996 leave year will be 320 hours (the maximum 240
hours carried over as a GS-15 employee, plus the 100 hours earned
while in the SES, minus the 20 hours of leave used above the 60
hours of excess annual leave).
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because it will affect
only Federal agencies and employees.
List of Subjects in 5 CFR Part 630
Absence and leave.
U.S. Office of Personnel Management.
James B. King,
Director.
Accordingly, OPM is amending 5 CFR part 630 as follows:
PART 630--ABSENCE AND LEAVE
1. The authority citation for part 630 is revised to read as
follows:
Authority: 5 U.S.C. 6311; Sec. 630.301 also issued under Pub. L.
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), Pub. L. 102-484, 106 Stat. 2722 and Pub. L. 103-337, 108
Stat. 2663; subpart D also issued under Pub. L. 103-329, 108 Stat.
2423; Sec. 630.501 and subpart F also issued under E.O. 11228, 30 FR
7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5
U.S.C. 6305; subpart H issued under 5 U.S.C. 6326; subpart I also
issued under 5 U.S.C. 6332 and Pub. L. 100-566, 102 Stat. 2834 and
103-103, 107 Stat. 1022; subpart J also issued under 5 U.S.C. 6362
and Pub. L. 100-566 and 103-103; subpart K also issued under Pub. L.
102-25, 105 Stat. 92; and subpart L also issued under 5 U.S.C. 6387
and Pub. L. 103-3, 107 Stat. 23.
Subpart C--Annual Leave
2. In Sec. 630.301, paragraph (b) is revised to read as follows:
Sec. 630.301 Annual leave accumulation--Senior Executive Service.
* * * * *
(b) When an employee in a position outside of the Senior Executive
Service moves to a position in the Senior Executive Service, any annual
leave accumulated prior to movement shall remain to the employee's
credit.
(1) Annual leave accumulated prior to movement to the Senior
Executive Service that is in excess of the amount allowed for the
former position by 5 U.S.C. 6304 (a), (b), or (c) and that is not used
by the beginning of the first full biweekly pay period in the next
leave year shall be subject to forfeiture.
(2) If an employee serves less than a full pay period under an
appointment in the Senior Executive Service, only that portion of
accrued annual leave that is attributable to service in the Senior
Executive Service shall be subject to the 90-day (720-hour) limitation
on accumulation of annual leave provided in paragraph (a) of this
section. Annual leave accrued during the remainder of the pay period
shall be subject to the limitations in 5 U.S.C. 6304(a), (b), and (c),
as appropriate.
* * * * *
[FR Doc. 95-15535 Filed 6-27-95; 8:45 am]
BILLING CODE 6325-01-M
