[Federal Register: April 29, 2005 (Volume 70, Number 82)]
[Rules and Regulations]
[Page 22245-22246]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap05-1]
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Rules and Regulations
Federal Register
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[[Page 22245]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 630
RIN 3206-AK80
Absence and Leave; Creditable Service
AGENCY: Office of Personnel Management.
ACTION: Interim rule with request for comments.
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SUMMARY: The Office of Personnel Management is issuing interim
regulations to implement a provision of the Federal Workforce
Flexibility Act of 2004 which provides an agency with the authority to
grant a newly appointed or reappointed employee credit for prior work
experience that otherwise would not be creditable for the purpose of
determining the employee's annual leave accrual rate.
DATES: Effective Date: The interim regulations become effective on
April 28, 2005.
Comment Date: Comments must be received on or before June 28, 2005.
ADDRESSES: Send or deliver written comments to Donald J. Winstead,
Deputy Associate Director for Pay and Performance Policy, Rm. 7H31,
1900 E Street, NW., Washington, DC 20415, by fax at (202) 606-0824, or
by e-mail to pay-performance-policy@opm.gov.
FOR FURTHER INFORMATION CONTACT: Sharon Dobson by telephone at (202)
606-2858, by fax at (202) 606-0824, or by e-mail at pay-performance-policy@opm.gov.
SUPPLEMENTARY INFORMATION: The Office of Personnel Management (OPM) is
issuing interim regulations to implement Section 202(a) of the Federal
Workforce Flexibility Act of 2004 (Public Law 108-411, October 30,
2004). Section 202(a) amends 5 U.S.C. 6303 to provide OPM with the
authority to prescribe regulations under which a newly appointed or
reappointed employee who is covered by the Federal annual and sick
leave program established under chapter 63 of title 5, United States
Code, may be given service credit for prior experience that otherwise
would not be creditable for the purpose of determining the employee's
annual leave accrual rate. An employee may receive credit if the
experience was obtained in a position having duties that directly
relate to the duties of the position to which he or she is being
appointed and if it is determined by the head of the agency that the
use of this authority is necessary in order to achieve an important
agency mission or performance goal.
Section 202(a) provides that not later than 180 days after
enactment of the Act (April 28, 2005), OPM must prescribe regulations
to allow the credit of non-Federal service for the purpose of
determining an employee's annual leave accrual rate. OPM has added
regulations at 5 CFR 630.205 to provide agencies with the authority to
grant a newly appointed or reappointed employee with service credit for
annual leave accrual rate purposes based on prior non-Federal work
experience or a period of active duty in a uniformed service.
The interim regulations at 5 CFR 630.205(a) allow the head of an
agency or designee to provide service credit for work experience that
otherwise would not be creditable for the purpose of determining the
annual leave accrual rate of a newly appointed employee or an employee
who is reappointed following a break in service of at least 90 calendar
days after his or her last period of civilian Federal employment. Prior
to granting such credit, the agency head or his or her designee must
determine that the employee meets both of the following conditions:
(1) The skills and experience the employee possesses are essential
to the new position and were acquired through performance in a non-
Federal position having duties that directly relate to the position to
which he or she is being appointed; and
(2) The use of this authority is necessary to achieve an important
agency mission or performance goal.
Previously, an employee who is a retired member of a uniformed
service under 5 U.S.C. 3501 could be granted credit only for periods of
active duty served during a campaign or expedition for which a campaign
badge was issued. The new regulations at 5 CFR 630.205(b) provide that
an employee who is a retired member of a uniformed service may be
granted credit for any period of active military service during which
he or she performed duties directly related to the position to which he
or she is being appointed. As in the case of granting credit for non-
Federal service, when hiring a retired member of the uniformed service,
the head of the agency must determine that the use of this authority is
necessary to achieve an important agency mission or performance goal.
When an agency head or designee makes a determination to provide
service credit for experience that otherwise would not be creditable,
the agency must provide credit only for non-Federal work experience or
experience in a uniformed service during which the employee performed
duties that directly relate to the duties of the position to which he
or she is appointed. An employee must provide written documentation,
acceptable to the agency, of his or her qualifying service. The interim
regulations at 5 CFR 630.205(e) require an agency to establish
guidelines for documenting the use of this authority, as well as
recordkeeping procedures to allow for the reconstruction of each
action.
Credit for non-Federal work experience or experience in a uniformed
service is granted to an employee on the date of his or her initial
appointment or reappointment following a break in service of 90
calendar days from the date of his or her last period of civilian
Federal employment. Service credit granted to an employee will remain
creditable for annual leave accrual purposes unless the employee fails
to complete 1 full year of continuous service with the appointing
agency.
If an employee separates from Federal service or transfers to
another agency prior to completing 1 full year of continuous service
with the appointing agency, he or she is not entitled to retain service
credit for non-Federal or active duty work experience. Prior to the
transfer or separation of the employee, the agency must establish a new
service computation date for leave under 5 U.S.C. 6303(a), subtracting
the credit that was provided for non-Federal or
[[Page 22246]]
military work experience. However, all unused annual leave accrued and
accumulated by an employee as a result of receiving credit for non-
Federal or uniformed service remains to the credit of the employee and
must be transferred to the new agency under 5 CFR 630.501 or liquidated
by a lump-sum payment under 5 CFR 550.1205, as appropriate.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with E.O. 12866.
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 apply only to Federal agencies and employees.
List of Subjects in 5 CFR 630
Government employees.
Dan G. Blair,
Office of Personnel Management, Acting Director.
0
Accordingly, OPM is amending 5 CFR part 630 to read as follows:
PART 630--ABSENCE AND LEAVE
0
1. The authority citation for part 630 is revised to read as follows:
Authority: 5 U.S.C. 6311; 630.205 also issued under Pub. L. 108-
411, 118 Stat 2312; 630.301 also issued under Pub. L. 103-356, 108
Stat. 3410 and Pub. L. 108-411, 118 Stat 2312; 630.303 also issued
under 5 U.S.C. 6133(a); 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; 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 also issued under 5 U.S.C. 6326; subpart I
also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834,
and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5
U.S.C. 6362, Pub. L. 100-566, and Pub. L. 103-103; subpart K also
issued under Pub. L. 105-18, 111 Stat. 158; subpart L also issued
under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M
also issued under 5 U.S.C. 6391 and Pub. L. 102-25, 105 Stat. 92.
Subpart B--Definitions and General Provisions for Annual and Sick
Leave
0
2. Section 630.205 is added to read as follows:
Sec. 630.205 Credit for non-Federal and uniformed service for
determining annual leave accrual rate.
(a) The head of an agency or his or her designee may, at his or her
sole discretion, provide credit for service that otherwise would not be
creditable under 5 U.S.C. 6303(a) for the purpose of determining the
annual leave accrual rate of a newly appointed employee or an employee
who is reappointed following a break in service of at least 90 calendar
days after his or her last period of civilian Federal employment. The
head of the agency or his or her designee must determine that the
skills and experience the employee possesses are--
(1) Essential to the new position and were acquired through
performance in a non-Federal position having duties that directly
relate to the duties of the position to which he or she is being
appointed; and
(2) Necessary to achieve an important agency mission or performance
goal.
(b) Notwithstanding 5 U.S.C. 6303(a), the head of an agency or his
or her designee may, at his or her sole discretion, provide credit for
active duty uniformed service that otherwise would not be creditable
under 5 U.S.C. 6303(a) for the purpose of determining the annual leave
accrual rate of an employee who is a retired member of a uniformed
service as defined by 38 U.S.C. 4303. The head of the agency or his or
her designee must determine that the skills and experience the employee
possesses are--
(1) Essential to the new position and were acquired through
performance in a position in the uniformed services having duties that
directly relate to the duties of the position to which he or she is
being appointed; and
(2) Necessary to achieve an important agency mission or performance
goal.
(c) When the head of an agency or his or her designee makes a
determination to provide credit for non-Federal service or active duty
in the uniform services under paragraph (a) or (b) of this section, he
or she must determine the amount of service that will be credited. The
amount of service credited may not exceed the actual amount of service
during which the employee performed duties directly related to the
position to which the employee is being appointed.
(d) An employee must provide written documentation, acceptable to
the agency, of his or her non-Federal or uniformed service.
(e) The agency must establish documentation and recordkeeping
procedures sufficient to allow reconstruction of each action.
(f) Credit for prior non-Federal or uniformed service work
experience under paragraph (a) or (b) of this section is granted to the
employee upon the effective date of his or her initial appointment to
the agency or reappointment after a 90-day break in service and remains
creditable for annual leave accrual purposes thereafter unless the
employee fails to complete 1 full year of continuous service with the
appointing agency.
(g) If an employee separates from Federal service or transfers to
another agency before completing 1 full year of continuous service with
the appointing agency--
(1) Any credit under paragraph (a) or (b) of this section must be
subtracted from the employee's total creditable service before the
employee transfers or separates, and the agency must establish a new
service computation date for leave accrual purposes under 5 U.S.C.
6303(a);
(2) Any annual leave accrued or accumulated by an employee as a
result of receiving credit for service under paragraph (a) or (b) of
this section remains to the credit of the employee; and
(3) The agency must--
(i) Transfer the annual leave balance to the new employing agency
under 5 CFR 630.501 if the employee is transferring to a position to
which annual leave may be transferred; or
(ii) Make a lump-sum payment under 5 CFR 550.1205 for any unused
annual leave if the employee is separating from Federal service or
moving to a position to which annual leave cannot be transferred.
[FR Doc. 05-8681 Filed 4-27-05; 2:37 pm]
BILLING CODE 6325-39-P