(See 5 U.S.C. A copy of each of the following items must be submitted to your CSR once you have begun your military service: Please be sure to also notify your CSR of any new military entitlements as soon as you become aware of them. (d) Conversion of weeks to days. (a) When an employee transfers between positions under subchapter I of chapter 63 of title 5, United States Code, the agency from which he transfers shall certify his annual leave account to the employing agency for credit or charge. Employment means service as an employee during which the employee is covered by a leave system under which leave is charged for periods of absence. First day of employment means the first day of service that qualifies as employment that occurs on the later of, (1) The earliest date an employee is hired after the effective date of the employee's qualifying service-connected disability, as determined by the Veterans Benefits Administration; or. 6129) and 6326(b); subpart I issued under 5 U.S.C. (a) Record of usage of paid parental leave. 105; (b) A military department, as defined in 5 U.S.C. Leave may be taken for a period of less than 1 hour if agency policy provides for a minimum charge for leave of less than 1 hour under 630.206(a). Use of annual leave to establish initial eligibility for retirement or continuation of health benefits. 8905 to continue health benefits coverage into retirement, as provided in: (1) Section 351.606(b)(1) for an employee who would otherwise have been separated by reduction in force procedures under part 351 of this chapter; or. Transferred annual leave means donated annual leave credited to an approved emergency leave recipient's annual leave account. (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. (d) At the election of the emergency leave donor, the employee may choose to have the agency restore unused donated annual leave by crediting the restored annual leave to the emergency leave donor's annual leave account in either the current leave year or the first pay period of the following leave year. (3) Establish and begin operating one or more leave banks. 1607(a) (Intelligence Senior Level), shall accumulate for use in succeeding years until it totals not more than 90 days (720 hours) at the beginning of the first full biweekly pay period (or corresponding period for an employee who is not paid on the basis of biweekly pay periods) occurring in a calendar year. The minimum charge to leave is 1 hour. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. (i) Multiple agencies involved. If you meet the eligibility requirements for using the 22 workdays of military leave, you may elect to use accrued annual leave or available compensatory time earned prior to using the 22 workdays of military leave. 6304(d)(3) ends, a new time limit shall be established under paragraph (b) of this section for all annual leave restored to an employee under 5 U.S.C. Employee has the meaning given that term in 5 U.S.C. For example, if an employee has a child born on June 1 and another child placed for adoption on October 1 of the same year, each event would generate entitlement to substitute up to 12 weeks of paid parental leave during the separate 12-month periods beginning on the date of the birth and on the date of the placement, respectively. (3) An employee with a seasonal work schedule may not use paid parental leave during the off-season period designated by the agencythe period during which the employee is scheduled to be released from work and placed in nonpay status. (8) Additional activities. 6382(b) and 630.1205. (c) An agency may require an employee requesting sick leave to care for a family member under 630.401(a)(3)(ii) to provide an additional written statement from the health care provider concerning the family member's need for psychological comfort and/or physical care. (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. (d) Lump-sum payment. To address any issue that arises from the fact that a covered military member is notified of an impending call or order to covered active duty 7 or fewer calendar days prior to the date of deployment. (5) Notwithstanding paragraph (h)(2) of this section, if an ongoing exigency (which excludes time covered by the preceding national emergency exigency) also qualifies as an extended exigency under 630.309, the time limit for use of the restored leave under paragraph (a) of that section must be applied to the consolidated restored leave. Agencies should not provide weather and safety leave to an employee who, in the agency's judgment, is cancelling preapproved leave or paid time off, or changing a regular day off in a flexible or compressed work schedule, for the primary purpose of obtaining weather and safety leave. Family member has the meaning given that term in subpart I of this part. 105. (ii) Allow the employee to request that the absence be charged to leave without pay, sick leave, annual leave, or other forms of paid time off. (d) If, at the time an employee uses sick leave to care for a family member with a serious health condition under paragraph (c) of this section, he or she has used any portion of the sick leave authorized under paragraph (b) of this section during that leave year, the agency must subtract that amount from the maximum number of hours authorized under paragraph (c) of this section to determine the total amount of sick leave the employee may use during the remainder of the leave year to care for a family member with a serious health condition. (c) Notwithstanding paragraph (b) of this section, an employee may submit certifying documentation at a later time, including after a period of absence for medical treatment, as described in 630.1306(c). (6) Perform other functions prescribed in this subpart. Foster care means 24-hour care for children in substitution for, and away from, their parents or guardian. It may include short periods away from the child's physical presence to purchase supplies needed to care for the child (e.g., buying baby food, diapers, or other supplies). For non-retired members, full credit for uniformed service (including active duty and active duty for training) performed under honorable conditions is given for annual leave accrual purposes. (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. Accrued leave has the meaning given that term in 630.201 of this part. (d) A leave recipient's employing agency shall not transfer annual leave to a leave donor's immediate supervisor. If an employee submits a complete and sufficient certification to support his or her request for leave because of a qualifying exigency, the agency may not request additional information from the employee. (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. 6304(a), (b), or (c) shall remain to the employee's credit and shall be subject to reduction under procedures identical to those described in 5 U.S.C. Reestablishment of leave account after military service. 6382(a)(3) for leave to care for a covered servicemember may not exceed a total of 26 administrative workweeks in a single 12-month period (or, for a part-time employee or an employee with an uncommon tour of duty, an amount of sick leave equal to 26 times the average number of hours in his or her scheduled tour of duty each week). (e) If the employee's medical emergency terminates as described in 630.910(a)(1), no leave shall be credited to the employee under this section. eCFR :: 5 CFR Part 630 -- Absence and Leave Secure .gov websites use HTTPS (a) A leave bank member may make written application to the leave bank board to become a leave recipient. If the employee substitutes paid parental leave during that overlap period, that amount of paid parental leave would count towards both the 12-week limit associated with the birth event and the 12-week limit associated with the placement event. For information about the increments in which leave may be used, please visit theOPM Military Leave pages Days of Leave section. An agency must maintain an accurate record of an employee's usage of paid parental leave. Son or daughter on covered active duty or call to covered active duty status means the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on covered active duty or call to covered active duty status, and who is of any age. (3) Donating such leave in whole or part to another leave recipient. 6304, military leave under 5 U.S.C. (1) For family and medical leave granted in connection with care of a covered servicemember under 5 U.S.C. (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 in the employee's biweekly scheduled tour of duty). (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 in the employee's weekly scheduled tour of duty). 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 630.1004. (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. In cases where an agency's determination regarding whether to apply the reimbursement requirement relies on a health condition that is not related to the applicable birth or placement or that applies to a person not covered by paragraph (f)(2)(i) of this section, the agency may also require a medical certification. the Federal Service. Purpose, applicability, and administration. 6303, except that transferred annual leave may accumulate without regard to the limitation imposed by 5 U.S.C. 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. MILITARY SERVICE FOR DETERMINING LEAVE ACCRUAL RATE . (See 630.1703(b).) Available paid leave does not include annual or sick leave advanced to an employee under 5 U.S.C. You can learn more about the process Send April an email at april.mabry@tasb.org. (g) An agency may not return an employee to an equivalent position where written notification has been provided that the equivalent position will be affected by a reduction in force if the employee's previous position is not affected by a reduction in force. PDF Military Service Credit for Retirement Purposes - United States Courts (3) Any additional information that may be required by the potential leave recipient's employing agency. 1 CFR 1.1 The records must be sufficient to ensure that an employee does not exceed the limitations in 630.401(b) and (c). Family member means an individual with any of the following relationships to the employee: (2) Sons and daughters, and spouses thereof; (4) Brothers and sisters, and spouses thereof; (5) Grandparents and grandchildren, and spouses thereof; (6) Domestic partner and parents thereof, including domestic partners of any individual in paragraphs (2) through (5) of this definition; and. (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. For example, if an employee is being reappointed and having sick leave recredited upon such reappointment, the amount of disabled veteran leave must be reduced by the amount of such recredited sick leave. (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 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. 6323(a) is prorated for part-time career employees and employees on an uncommon tour of duty. For employees who are charged leave on an hourly basis (including fractions of an hour), the 12 administrative workweeks referenced in paragraph (b) of this section must be converted to hours based on the number of hours in the employee's scheduled tour of duty (as in effect on the date the employee begins a period of using paid parental leave) as follows: (1) For a regular full-time employee with 80 hours in the scheduled tour of duty over a biweekly pay period, the hours equivalent of 12 administrative workweeks is 480 hours. (1) An employee has an absolute right to use shore leave, subject to the right of the head of the agency to fix the time at which shore leave may be used. 6304(d) to the employee's credit must be consolidated at that time and made subject to a single time limit that is determined under the rules in paragraph (d) of this section, using the termination date of the ongoing exigency in place of the termination date of the national emergency exigency.
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