(ii) Use of leave under paragraph (a)(1) of this section before the date of birth is limited to situations in which an employee is using the leave, (A) Because of the employee's serious health condition related to the anticipated event of the employee giving birth to a son or daughter; or. This subpart applies to officers and employees to whom subchapter I of chapter 63 of title 5, United States Code, applies. Although foster care may be with relatives of the child, State action is involved in the removal of the child from parental custody. 105, excluding the Government Accountability Office. Shared leave status has the meaning given that term in subpart I of this part. The statement must certify that. For example: A leave value of 30 minutes is displayed (b) Subject to section 6304(c) of title 5, United States Code, the maximum amount of annual leave that may be carried forward into the next leave year by an employee who is transferred or reassigned to a position in which he is no longer subject to section 6304(b) of that title is determined as follows: (1) When, on the date prescribed by paragraph (c) of this section, the amount of an employee's accumulated and accrued annual leave is 30 days or less, he may carry forward the amount prescribed by section 6304(a) of title 5, United States Code; (2) When, on the date prescribed by paragraph (c) of this section, the amount of an employee's accumulated and accrued annual leave is more than 30 days but not more than 45 days, he may carry forward the full amount thereof that is unused at the end of the current leave year; (3) When, on the date prescribed by paragraph (c) of this section, the amount of an employee's accumulated and accrued annual leave is more than 45 days, he may carry forward the amount of unused annual leave to his credit at the end of the current leave year that does not exceed: (i) 45 days, if he is not entitled to a greater accumulation under section 6304(c) of title 5, United States Code; or. Eligible employees may take up to 5 days of leave for each instance of rest and recuperation. (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. 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. (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. When coverage under paragraphs (b) and (c) of this section ends due to the termination date of the exigency of the public business fixed by the agency under paragraph (f)(2), a new time limit will be established under paragraph (d) of this section for all annual leave restored to an employee under 5 U.S.C. (c) Another condition that prevents an employee or group of employees from safely traveling to or safely performing work at an approved location. (6) Perform other functions prescribed in this subpart. If the date of birth or placement or planned medical treatment requires leave to begin within 30 calendar days, the employee shall provide such notice as is practicable. Title 5 was last amended 6/20/2023. FAR). Placement means a new placement of a son or daughter with an employee for adoption or foster care. 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. (2) Using terminology required by OPM-issued Governmentwide guidance in any agency-specific operating status announcements they issue (for a specific geographic location or area). Agency means an Executive agency as defined in 5 U.S.C. When the term agency is used in the context of an agency making determinations or taking actions, it means the agency head or management officials who are authorized (including by delegation) to make the given determination or take the given action. (c) Conversion of weeks to hours. This index highlights the laws, regulations, and other references relating to Federal leave programs and policies. (a) Purpose. Secure .gov websites use HTTPS (c) An employee with 15 years or more of service earns 1 hour of annual leave for each 10 hours in a pay status. The U.S. Office of Personnel Management (OPM) provides leadership on Federal leave policies and programs. Substitution of sick leave for unpaid family and medical leave to care for a covered servicemember. (g) An agency may require that a request for leave under 630.1203(a) (1) and (2) be supported by evidence that is administratively acceptable to the agency. FAR). (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. (iv) To attend meetings with staff at a school or a daycare facility, such as meetings with school officials regarding disciplinary measures, parent-teacher conferences, or meetings with school counselors, for a child when such meetings are necessary due to circumstances arising from the covered active duty or call to covered active duty status of a covered military member. (c) Each agency shall establish written criteria for waiving the limitations on donating annual leave under paragraphs (a) and (b) of this section. (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. Home leave means leave authorized by section 6305(a) of title 5, United States Code, and earned by service abroad for use in the United States, in the Commonwealth of Puerto Rico, or in the territories or possessions of the United States. switch to eCFR drafting site. The voyage terminates on the date he ceases to be an officer or crewmember of the oceangoing vessel or on the date on which he is released from assignment of his duties relating to that voyage aboard the oceangoing vessel at the port of origin or port of final discharge, whichever is earlier. (i) Leave taken in order to care for a newly born or placed son or daughter, as described in paragraphs (a)(1) and (a)(2) of this section, generally refers to leave covering periods when the parent-employee is in the home with the child or is otherwise involved in spending time with the child (bonding). 6391(g); subpart L issued under 5 U.S.C. An employee may voluntarily submit a written request to his or her agency that a specified number of hours of his or her accrued annual leave, consistent with the limitations in 630.1110, be transferred from his or her annual leave account to an emergency leave transfer program established under 630.1103. WebAccrual of Annual Leave . This contact form is only for website help or website suggestions. Redesignated and amended at 76 FR 60704, 60705, Sept. 30, 2011]. WebHome Benefits & Pay Retirement FERS Separation (Non-Retirement) Retirement Information While covered under FERS, you paid contributions towards the Basic Benefit Plan, Social Security, and most likely the Thrift Savings Plan (TSP). (1) The agency head (or designee) must continually monitor the agency response to the national emergency and determine whether the services of individual employees or groups of employees continue to be essential for the response to the emergency such that annual leave may not be scheduled according to the normal procedures described in 630.308(a). (h) As a condition to returning an employee who takes leave under 630.1203(a)(4), an agency may establish a uniformly applied practice or policy that requires all similarly-situated employees (i.e., same occupation, same serious health condition) to obtain written medical certification from the health care provider of the employee that the employee is able to perform the essential functions of his or her position. The agency shall take appropriate action to inform employees of each open enrollment period. Leave year means the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year. [59 FR 67125, Dec. 29, 1994, as amended at 75 FR 33496, June 14, 2010]. Such an employee who teleworks on a situational basis is considered to be continuously participating in a telework program even if there are extended periods during which the employee does not perform telework. (2) The agency head (or designee) must fix a date as the termination date of the exigency of the public business for each employee or group of employees as provided in this paragraph. Before annual leave may be restored under 5 U.S.C. However, the agency may verify the information described in paragraphs (c)(1) and (c)(2) of this section and does not need the employee's permission to do so. (c) The pay received during paid parental leave may not include Sunday premium pay. (4) Determine the period of time for which donated annual leave may be accepted for distribution to approved emergency leave recipients. To the extent the employee has invalidated paid parental leave hours not replaced by other paid leave or paid time off, pay received for those hours is a debt to the employing agency and is subject to collection under the Federal Claims Collection Standards in 31 CFR parts 900 through 904. June 18, 2020 FROM: MICHAEL J. RIGAS ACTING You can learn more about the process Continuing treatment by a health care provider may include one or more of the following, (A) A period of incapacity of more than 3 consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves, (1) Treatment two or more times by a health care provider, by a health care provider under the direct supervision of the affected individual's health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or. (D) A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. 5383 (Senior Executive Service) or 5 U.S.C. [34 FR 13655, Aug. 26, 1969, as amended at 60 FR 67287, Dec. 29, 1995; 75 FR 33496, June 14, 2010]. Reduced leave schedule means a daily or weekly work schedule under which the usual number of hours actually worked during the employee's scheduled tour of duty are reduced as a result of the increased use of leave. Leave recipient means a leave bank member whose application to receive contributions of annual leave from a leave bank has been approved under 630.1007. Weather and safety leave means paid leave provided under the authority of 5 U.S.C. (c) For the purpose of this subpart, an employee is considered to be adversely affected by a major disaster or emergency if the disaster or emergency has caused the employee, or a family member of the employee, severe hardship to such a degree that his or her absence from work is required. (1) The paid parental leave that is available for purposes of paragraph (a) of this section is 12 administrative workweeks in connection with the birth or placement involved. Termination of a voluntary leave bank program. 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. (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. (8) Additional activities. 6383(f) and 6387; subpart M issued under sec. (2) An agency may require an employee to submit the medical certification described in 630.1307(a) before approving such retroactive substitution. (3) For purposes of this section, the employing agency may approve the use of any or all annual leave donated to an employee under part 630, subpart I, of this chapter (Voluntary Leave Transfer Program), or made available to the employee under part 630, subpart J, of this chapter (Voluntary Leave Bank Program), as of the effective date of the reduction in force or relocation. Voyage means the sailing of an oceangoing vessel from one port and its return to that port or the final port of discharge. Leave under 630.1203(a)(5) may be taken on an intermittent or reduced leave schedule basis, subject to 630.1207 and 630.1209. (1) If an agency determines that an otherwise eligible employee is physically or mentally incapable of making an election to substitute paid parental leave (as provided in 630.1703) and entering into a work obligation agreement (as described in 630.1705), the agency must, upon the request of a personal representative of the employee whom the agency finds acceptable, provide conditional approval of substitution of paid parental leave for applicable FMLA unpaid leave under 630.1703(a) on a prospective basis. Establishment of an emergency leave transfer program. What is annual leave? - OPM.gov - U.S. Office of Personnel An employee may not retroactively invoke his or her entitlement to family and medical leave. (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. (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. (1) Transferred to another leave recipient under this subpart, except as provided in 630.911(e)(3); (2) Included in a lump-sum payment under 5 U.S.C. (g) Leave taken because of the birth of a son or daughter of the employee, as described in paragraph (a)(1) of this section, includes leave necessary for an employee who is the birth mother to recover from giving birth, or for an employee who is the other parent to care for the birth mother during her recovery period, even if the employee is not involved in caring for the son or daughter during portions of that recovery period. [58 FR 39602, July 23, 1994, as amended at 61 FR 64454, Dec. 5, 1996. OPM will solicit and coordinate the transfer of donated annual leave from other Federal agencies to affected agencies who may have a shortfall of donated annual leave. Each agency is responsible for ensuring that annual leave donated under the emergency leave transfer program is used appropriately. (j) At its own expense, an agency may require subsequent medical recertification on a periodic basis, but not more than once every 30 calendar days, for leave taken for purposes relating to pregnancy, chronic conditions, or long-term conditions, as these terms are used in the definition of serious health condition in 630.1202.

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