RD Instruction 2066-A

Revision 1

PART 2066 - LEAVE

Subpart A -- Rural Development Leave Program

## Table of Contents

[Sec]{.underline}. [Page]{.underline}

2066.1 General provisions.

\(a\) Purpose. 1

\(b\) Authority. 1

\(c\) Responsibilities. 2

\(d\) Definitions. 5

\(e\) Eligibility for leave benefits. 8B

\(f\) Procedure for requesting/granting leave. 8B

2066.2 Annual leave. 8B

\(a\) Voluntary annual leave. 8B

\(b\) Mandatory annual leave. 8C

\(c\) Accrual of annual leave. 9

\(d\) Fractional pay period accruals. 12

\(e\) Accrual reductions because of nonpay status. 14

\(f\) Effect of length of appointment on accrual. 15

\(g\) Crediting of annual leave. 15

\(h\) Accumulation of annual leave. 15

\(i\) Leave substitution. 18

\(j\) Advancing annual leave. 18

\(k\) Granting annual leave credited in error. 21

\(l\) Terminal annual leave. 21

\(m\) Necessary absences (including tardiness) of

less than 1 hour. 22

\(n\) Nonworkdays and holidays. 22

\(o\) Lump-sum payments. 23

\(p\) Transfer, restoration, and recredit of

annual leave. 26

\(q\) Recredit of annual leave. 32

2066.3 - 2066.6 (Reserved) 33

2066.7 Sick leave 33

\(a\) Accrual of sick leave. 33

\(b\) Granting sick leave. 37

\(c\) Request for sick leave. 38

\(d\) Requirements for granting sick leave. 38

\(e\) Granting sick leave without application. 40

\(f\) Granting sick leave to veterans for medical

treatment. 40

(02-23-90) SPECIAL PN

RD Instruction 2066-A

Table of Contents

Page 2

Revision 1

[Sec]{.underline}. [Page]{.underline}

\(g\) Granting sick leave after notice of

separation by reduction-in-force. 40

\(h\) Sick leave without employee\'s consent. 40

\(i\) Advanced sick leave. 40A

\(j\) Charging sick leave. 43

2066.8 Absence without pay. 44

\(a\) Leave without pay (LWOP). 44

\(b\) Absence without leave (AWOL). 47

\(c\) Charging nonpay status. 48

\(d\) Effect of nonpay status on annual and sick

leave accruals. 49

\(e\) Furnishing SF-8, \"Notice to Federal Employee

About Unemployment Insurance.\" 49

2066.9 - 2066.11 (Reserved) 49

2066.12 Official Leave. 49

\(a\) General. 49

\(b\) Court leave. 49

\(c\) Leave for voting and registration. 53

\(d\) Funeral leave. 54

\(e\) Leave for blood donation. 55

\(f\) Leave for examinations. 55

\(g\) Leave for job-related traumatic injury. 57

\(h\) Leave for time spent in health units. 57

\(i\) Leave for Selective Service registration. 57

\(j\) Leave for first-aid-training. 57

\(k\) Leave with pay for civil defense activities. 58

\(l\) Leave for participation in emergency rescue

or protective work. 58

\(m\) Leave in connection with official travel. 58

\(n\) Leave charge during reconstructed travel. 58

\(o\) Leave when making a change of official station. 58

\(p\) Leave for local, State, territorial, and

foreign holidays. 59

\(q\) Dismissals resulting from emergency situations. 59

\(r\) Leave for hazardous weather or other emergencies

which disrupt travel. 60

\(s\) Leave due to hot or cold weather conditions. 64

\(t\) Leave for attendance at meetings or functions

of employee groups or employee organizations. 64

\(u\) Leave for representatives of employee unions. 64A

RD Instruction 2066-A

Table of Contents

Page 3

[Sec]{.underline}. [Page]{.underline}

2066.13 Military leave. 65

\(a\) General. 65

\(b\) Policy on granting. 66

\(c\) Eligibility. 67

\(d\) Types of military leave. 71

\(e\) Mandatory restoration of employee granted

military leave. 71

2066.14 - 2066.20 \[Reserved\] 71

2066.21 Home Leave. 71

\(a\) Eligibility for home leave. 71

\(b\) Computation for creditable service for

home leave. 71

\(c\) Earning and accumulating home leave. 72

\(d\) Granting and charging home leave. 74

\(e\) Refund, transfer, or recredit of home leave. 75

\(f\) Advance of home leave. 76

\(g\) Saving provision. 76

\(h\) Traveltime. 76

2066.22 Maternity or paternity leave 76

\(a\) General. 76

\(b\) Absence for maternity purposes. 77

\(c\) Absence for paternity reasons. 78A

\(d\) Leave for adoptive parents. 78A

2066.23 Leave during full-time outside training. 78A

\(a\) General. 78A

\(b\) Special provisions for charging leave for

employees on full-time outside training

at government expense. 79

2066..24 Compensatory time. 79

\(a\) General. 79

\(b\) Relationship to annual leave. 79

\(c\) Liquidation of unused compensatory time. 80

\(d\) Adjustment of work schedules for religious

observances. 80

(02-23-90) SPECIAL PN

RD Instruction 2066-A

Table of Contents

Page 4

[Sec]{.underline}. [Page]{.underline}

2066.25 Five-year voluntary leave transfer program.

\(a\) Eligibility. 82

\(b\) Implementation responsibilities. 82

\(c\) Procedures. 83

\(d\) Disposition of application to be a recipient. 84

\(e\) Application to be a donor. 85

\(f\) Disposition of application to be a donor 86

\(g\) Monitoring the use of transferred leave. 86

\(h\) Restoration of unused leave. 87

\(i\) Use of transferred leave. 87

\(j\) Limitations. 88

\(k\) Leave transfer from and to another federal

agency. 90

\(l\) Termination of medical emergency. 91

\(m\) Restoration of transferred annual leave. 92

\(n\) Leave transfer files. 93

\(o\) Reports. 94

\(p\) Confidentiality. 94

§§2066.26 - 2066.50 \[Reserved\] 94

Exhibits - A Guidelines for Determining Eligibility

for Leave

B Guidelines for Determining Eligibility

for Advance Sick Leave

C Guidelines for Reporting Leave During

Employee Absences for Court or Court-

Related Services

D Guidelines for Reporting Employee\'s

Status During Periods of Excused Absence

E Residential Zone Dismissal Plan for

Washington, D. C. Area Federal Employees

F Retirement Counselor Letter

RD Instruction 2066-A

PART 2066-A

Subpart A -- Rural Development Leave Program

2066.1 [General provisions]{.underline}.

\(a\) [Purpose]{.underline}. This Instruction:

\(1\) Sets forth responsibilities for administering the leave program in
Rural Development.

\(2\) Contains guidelines for determining eligibility for leave
benefits.

\(3\) Explains why involuntary leave may be imposed on an employee.

\(4\) Contains guidelines for determining eligibility and for
implementing temporary leave transfer program for which Rural
Development employees may voluntarily donate annual leave to other
employees to cover periods of absence caused by medical emergencies.
(Added 02-23-90, SPECIAL PN.)

\(b\) [Authority]{.underline}.

\(1\) The basic laws are contained in 5 USC Chapter 63. This Instruction
is based on leave laws, Office of Personnel Management (OPM)
regulations, U. S. Department of Agriculture (USDA) regulations, and
Comptroller General Decisions.

\(2\) The Administrator, Associate Administrator, Deputy Administrators,
Assistant Administrators, Staff Directors, Division Directors, State
Directors and their designees, are authorized to approve leave under the
conditions specified in this Instruction. For temporary leave program
see §2066.25 (b) of this Instruction on implementation responsibilities
for leave recipient and donor approval. (Revised 02-23-90, SPECIAL PN.)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DISTRIBUTION: W,S,D,C Personnel

Leave

## 1

## (Revision 2)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.1 (b) (Con.)

\(3\) In the event of any conflict between this Instruction and a
negotiated agreement, the negotiated agreement is the governing document
for member employees.

\(4\) The basic laws for the 5-year voluntary leave transfer program are
contained in Public Law 100-566, and will terminate October 31, 1993.
(Added 02-23-90, SPECIAL PN.)

\(c\) [Responsibilities]{.underline}.

\(1\) [Employee]{.underline}. Each employee shall:

\(i\) Know and observe the rules pertaining to requesting and using
leave.

\(ii\) Apply in writing for non-emergency annual and sick leave as far
in advance as practicable. This will permit supervisors to adjust the
staff work schedules to cover periods of approved absences.

\(iii\) Notify supervisors as soon as possible at the beginning of
business on the first day of any emergency absence, giving the reason
for absence and requesting the proper kind of leave. Failure to obtain
approval from the supervisor as soon as practicable may result in an
employee being placed on absence without leave (AWOL) for the period of
absence.

\(iv\) Certify Form AD-321-3, \"Time and Attendance Report (T&A),\" for
leave used.

\(v\) Be responsible for finding leave donors. (Added 02-23-90, SPECIAL
PN.)

\(2\) [Supervisors]{.underline}. Each supervisor shall:

\(i\) Administer the Rural Development leave program for employees they
supervise.

\(ii\) Acquaint new employees with the types and purposes of leave
benefits and the rules for requesting, using, and signing for leave.

## 2

## (Revision 2) 

§2066.1 (c) (2) (Con.) RD Instruction 2066-A

\(iii\) Counsel employees, as needed, on the use of leave to protect
their leave rights and to guard against misuse of leave.

\(iv\) Schedule vacation leave or leave for other extended absences as
to maintain the necessary workforce, minimize absences during peak
workload periods, and prevent loss of leave.

\(v\) Approve or disapprove absences except for:

\(A\) Leave Without Pay (LWOP) in excess of 30 days.

\(B\) Military furlough or other furlough.

\(C\) Involuntary leave.

\(D\) Advance sick leave in excess of 40 hours. (Added 8-17-88, PN 93)

\(vi\) Review and sign T & A or questions on leave through normal
channels to the State Office Administrative Staff, the Finance Office
Personnel Staff, or National Office Personnel Division (PE). (Revised
02-23-90, SPECIAL PN.)

\(3\) [National Office Personnel Division (PE)]{.underline}. The PE
shall provide guidance in administering the Rural Development leave
program covering:

\(i\) Leave policy.

\(ii\) Leave instructions.

\(iii\) Temporary leave transfer policy and instructions. (Added
02-23-90, SPECIAL PN.)

\(iv\) Assistance and answering of questions pertaining to leave
matters. (Renumbered 02-23-90, SPECIAL PN.)

\(v\) Evaluation of Rural Development leave activities. (Renumbered
02-23-90, SPECIAL PN.)

\(4\) [Final review authority]{.underline}. Because certain absences are
subject to Federal personnel laws and regulations, the PE has final
review authority for approving/disapproving:

## 3

## (Revision 2)

(08-07-85) PN 974

RD Instruction 2066-A

§2006.1 (c) (4) (Con.)

\(i\) LWOP in excess of 30 days;

\(ii\) Military furlough and other furlough;

\(iii\) Involuntary leave.

\(5\) National Office approval. Absences for LWOP in excess of 30 days,
advance sick leave in excess of 40 hours, military furlough or other
furlough, and involuntary leave will be approved/disapproved by second
line supervisors within their respective organizational unit for
National Office employees. (Revised 08-17-88, PN 93.)

Example: Branch Chief recommends approval/disapproval of leave absence,
Division Director will be the final approving official.

\(6\) [Field Office approval]{.underline}. LWOP in excess of 30 days,
advance sick leave in excess of 40 hours, military furlough, or other
furlough, and involuntary leave will be approved/disapproved by a second
line supervisor (State Director, Assistant Administrator, Finance Office
(FO)). However, the State Director is first and second line supervisor
for Program Chiefs and District Directors. (Revised 8-17-88, PN 93)

\(7\) Approval of leave for State Directors. Requests for leave for
State Directors will be made as follows:

\(i\) Planned or unplanned leave of 1 to 3 days must be approved in
advance, or as soon as possible on the first day of absence by telephone
to the Administrator or Associate Administrator well in advance of
anticipated absence.

\(ii\) For planned leave of more than 3 days, a SF-71, \"Application for
Leave,\" must be submitted and approved by the Administrator or
Associate Administrator well in advance of anticipated absent.

\(8\) Approval of leave for the Assistant Administrator, FO. Requests
for leave for the Assistant Administrator, FO, will be made as follows:

## 4

## (Revision 2) 

§2066.1 (8) (Con.) RD Instruction 2066-A

\(i\) Planned or unplanned leave of 1 to 3 days must be approved in
advance, or as soon as possible on the first day of absence by telephone
to the Deputy Administrator of Management.

\(ii\) For planned leave of more than 3 days, a SF-71, \"Application for
Leave,\" must be submitted and approved by the Deputy Administrator for
Management well in advance of anticipated absence.

\(d\) [Definitions]{.underline}. The term and phrases used in the leave
laws and regulations have specific meanings. A glossary of definitions
of leave and leave-related terms is provided:

\(1\) [Absence Without Leave (AWOL)]{.underline} - Unauthorized absence
from duty, without pay, for which an employee is not granted any type of
leave, including leave without pay.

\(2\) [Absence Without Pay (AWOP)]{.underline} - Absence and nonpay
status directed by Rural Development when an employee is suspended from
duty.

\(3\) [Accrued (or Earned) Leave]{.underline} - Unused leave credited to
an employee during the current leave year.

\(4\) [Accumulated Leave]{.underline} - Unused leave which remains to
the credit of an employee at the end of a leave year.

\(5\) [Administrative Workweek]{.underline} - Seven consecutive calendar
days of the week, Sunday through Saturday.

\(6\) [Advanced Leave]{.underline} - Leave requested and granted before
it is earned to be repaid from future leave earnings or by cash payment.

\(7\) [Basic Workweek]{.underline} - Number of hours, excluding
overtime, which an employee is required to work or is required to
account for by leave or otherwise.

\(8\) [Break in Service or \"Off the Rolls\"]{.underline} - A period of
interrupted Federal employment beginning with a separation action and
continuing for one or more workdays before reemployment in Federal
service.

## 5

## (Revision 1)

(08-07-85) PN 974

RD Instruction 2066-A

§2066.1 (d) (Con)

\(9\) [Calendar Year]{.underline} - The period from January 1 through
December 31.

\(10\) [Compensatory Time]{.underline} - A method of overtime
compensation in lieu of cash payment, under which overtime hours worked
are credited to an employee for future use as compensatory leave.

\(11\) [Contagious Disease]{.underline} - A disease ruled subject to
quarantine, requiring isolation or restriction of movement by the
patient for a specified period, as prescribed by health authorities
having jurisdiction.

\(12\) [Continuous Employment or \"On the Rolls\"]{.underline} - A
period of Federal service beginning with an appointment and ending with
a separation action.

\(13\) [Cooperative Employees (Agents)]{.underline} - Those employees
appointed in connection with cooperative work with non-Federal public
agencies such as States and Territories, and with private organizations
or individuals.

\(14\) [Executive Order]{.underline} - An order or regulation issued by
the President for the purpose of interpreting, implementing, or giving
administrative effect to a provision of the constitution or law.

\(15\) [Family Member]{.underline}. Any of the following: spouse and his
or her parents; children, including adopted children, and their spouses;
parents; brothers and sisters, and their spouses; and individuals
related by blood or affinity whose close association with the employee
is the equivalent of a family relationship. (Added 02-23-90, SPECIAL
PN.)

\(16\) [Fiscal Year]{.underline} - The period from October 1 through
September 30. (Renumbered 02-23-90, SPECIAL PN.)

\(17\) [Foreign Area]{.underline} - Any area including Trust Territory
of the Pacific Islands, situated outside the United States, and outside
the Commonwealth of Puerto Rico, The Canal Zone, and possession of U. S.
(all other areas are considered nonforeign areas). (Renumbered 02-23-90,
SPECIAL PN.)

\(18\) Full-Time - A regularly scheduled tour of duty which requires an
employee to be on duty 40 hours or more in each workweek. (Renumbered
02-23-90, SPECIAL PN.)

## 6

## (Revision 1) 

§2006.1 (d) (Con.) RD Instruction 2066-A

\(19\) [Full Biweekly Pay Periods]{.underline} - To earn leave, an
employee must be employed during a full biweekly pay period. He/she is
considered to have been employed for a full period, if he/she is on the
rolls on all days falling within the pay period, exclusive of holidays
and nonworkdays. (Renumbered 02-23-90, SPECIAL PN.)

\(20\) [Furlough]{.underline} - Involuntary absence from duty, without
pay, resulting from action required and initiated by Agency appointing
authority. (Renumbered 02-23-90, SPECIAL PN.)

\(21\) [Home Leave]{.underline} - A separate amount of leave, granted
with pay and in addition to other types of leave authorized by U. S. C.
6305(a), earned by service abroad to use in the United States, Puerto
Rico, or territories of the United States. (Renumbered 02-23-90, SPECIAL
PN.)

\(22\) [Indefinite First Eight-Hour Tour of Duty]{.underline} - A tour
composed of 5 consecutive 8-hour days, usually Monday through Friday,
where the starting and ending hours of work in each day are tied to
hours of operation set by industry. (Renumbered 02-23-90, SPECIAL PN.)

\(23\) [Intermittent]{.underline} - An unscheduled, irregular tour of
duty when an employee works as needed and receives pay only when he/she
works. (Renumbered 02-23-90, SPECIAL PN.)

\(24\) [Leave Donor]{.underline}. An employee whose voluntary written
request to transfer annual leave to the annual leave account of a leave
recipient has been approved by his or her Agency personnel officer or
designee. (Added 02-23-90, SPECIAL PN.)

\(25\) [Leave Recipient]{.underline}. A current employee whose
application to receive annual leave from the annual leave accounts of
one or more donors has been reviewed by his or her supervisor and
approved by the Agency personnel officer or designee. (Added 02-23-90,
SPECIAL PN.)

\(26\) [Leave Without Pay (LWOP)]{.underline} - Temporary non-pay status
and absence from duty granted at employee\'s request. Permissive nature
of leave without pay distinguishes it from nonpay status resulting from
furlough or disciplinary action required by Agency appointing authority.
(Renumbered 02-23-90, SPECIAL PN.)

\(27\) [Leave Year]{.underline} - The period from the beginning of the
first full biweekly pay period which falls completely in the new
calendar year through the day before the beginning of the first complete
pay period in the following calendar year. (Renumbered 02-23-90, SPECIAL
PN.)

## 7

## (Revision 1)

(08-07-85) PN 974

RD Instruction 2066-A

§2006.1 (d) (Con.)

\(28\) [Lump-Sum Payment]{.underline} - Payment to employees for leave
to their credit upon separation from a leave-earning position.
(Renumbered 02-23-90, SPECIAL PN.)

\(29\) [Maternity Leave (absence for purpose of)]{.underline} - Approved
absence for reasons related to pregnancy or confinement. Chargeable to
sick leave, annual leave, or leave without pay. (Renumbered 02-23-90,
SPECIAL PN.)

\(30\) [Medical Certificate for Sick Leave]{.underline} - A statement,
signed by a registered physician or other state licensed practitioner
including chiropractor, certifying to the length and nature of an
employee\'s incapacitations, examination, or treatment. (Renumbered
02-23-90, SPECIAL PN.)

\(31\) [Medical Emergency]{.underline}. A medical condition of an
employee or family member of an employee which is likely to require an
employee\'s absence from duty for a prolonged period of time and to
result in substantial loss of income to the employee because of the
unavailability of paid leave. (Added 02-23-90, SPECIAL PN.)

\(32\) [Military Furlough]{.underline} - Absence from duty, without pay,
granted to an employee on active duty with the Armed Forces. (Renumbered
02-23-90, SPECIAL PN.)

\(33\) [Military Leave]{.underline} - Approved absence without loss of
pay or charge to other leave for employees who meet the requirements for
approval of military leave. (Renumbered 02-23-90, SPECIAL PN.)

\(34\) [Month of Service]{.underline} - A period which runs from a given
duty in one month through the preceding day in the next month; e.g., May
30, 1982 through June 29, 1982. (Renumbered 02-23-90, SPECIAL PN.)

\(35\) [Official Leave]{.underline} - Excused absences without loss of
pay or charged to annual or sick leave. (Renumbered 02-23-90, SPECIAL
PN.)

\(36\) [Part-Time]{.underline} - A regularly scheduled tour of duty
which requires an employee to be on duty less than 40 hours in each
workweek. (Renumbered 02-23-90, SPECIAL PN.)

## 8

## (Revision 1) 

§2066.1 (d) (Con.) RD Instruction 2066-A

\(37\) [Paternity Leave]{.underline} - Approved absences for male
employees to assist in caring for minor children or the mother of his
newborn child while she is incapacitated for maternity reasons. Absence
chargeable against annual leave or leave without pay. (Renumbered
02-23-90, SPECIAL PN.)

\(38\) [Permanent]{.underline} - An employment status without limitation
as to length of service, or with an indefinite limitation. (Renumbered
02-23-90, SPECIAL PN.)

\(39\) [Personal Certificate for Sick Leave]{.underline} - An
employee\'s signed statement (either on Form AD-321-3, Time and
Attendance Report, or on SF-71, Application for Leave) that his/her
absence was due to illness which incapacitated him/her for duty, or that
it was taken for other authorized purposes. (Renumbered 02-23-90,
SPECIAL PN.)

\(40\) [Possessions]{.underline} - Of the United States include
principally the Virgin Islands of the U. S., Guam, Wake Island, and
American Samoa. (Renumbered 02-23-90, SPECIAL PN.)

\(41\) [Service Abroad]{.underline} - Time served as a Federal employee
on or after September 6, 1960, at a duty station (1) outside the United
States, and (2) outside the employee\'s residence area, if such area is
the Commonwealth of Puerto Rico or one of the U. S. territories.
(Renumbered 02-23-90, SPECIAL PN.)

\(42\) [Standard Tour of Duty]{.underline} - A tour of 5 consecutive 8
hour days, Monday through Friday, where the starting and ending hours of
work in each day are the same. (Renumbered 02-23-90, SPECIAL PN.)

\(43\) [Temporary]{.underline} - An employment status limited to a
definite period of 1 year or less. (Renumbered 02-23-90, SPECIAL PN.)

\(44\) [Temporary Appointment Pending Establishment of a Register
(TAPER)]{.underline} - An appointment to a position which is of a
continuing nature; i.e., one that will last longer than 1 year. The
temporary appointment will end when an appointment can be affected from
a register of eligibles. (Renumbered 02-23-90, SPECIAL PN.)

\(45\) [Terminal Leave]{.underline} - Leave granted prior to separation
from Federal service when it is known that the employee will not return
to duty status from leave before separation. (Renumbered 02-23-90,
SPECIAL PN.)

\(46\) [United States]{.underline} - The 50 States of the United States
of America and the District of Columbia. (Renumbered 02-23-90, SPECIAL
PN.)

## 8A

## (Added 02-23-90, SPECIAL PN)

(08-07-85) PN 974

RD Instruction 2066-A

§2066.1 (e)

\(e\) [Eligibility for leave benefits]{.underline}. The general
conditions under which employees are eligible for various types of leave
are set forth in Exhibit A, Guidelines for Determining Eligibility for
Leave. Exhibit A contains references to the various sections of this
Instruction which explain the basic regulations and types of leave.
Consult the specific sections for broader and more detailed coverage on
each type of leave.

\(f\) [Procedure for requesting/granting leave]{.underline}. The request
and approval of leave will be recorded as follows:

\(1\) SF-71 is required for:

\(i\) Any request for leave in excess of 8 hours where the employee\'s
leave approving supervisor is not located at the same duty station.

\(ii\) Any request for advance leave.

\(iii\) Mandatory grants of annual leave to disabled veterans, if
necessary for medical treatment, after sick leave is exhausted.

\(iv\) The advance scheduling of leave is excess of 3 days.

\(2\) After action by the leave-approving officer, send the SF-71 to the
officer maintaining the employee\'s Form AD-321-3.

\(3\) All leave not required to be requested on SF-71 may be requested
orally by the employee, and approved by the leave approving officer.

§2066.2 [Annual leave]{.underline}.

\(a\) Voluntary annual leave. Because annual leave forfeited as a result
of illness or exigency of public business must have been requested and
approved in writing, it is strongly recommended that annual leave
requests, approvals, or denials be made in writing, except in emergency
situations.

\(1\) Taking annual leave is not an absolute right of the employee. A
request from the employee will be granted if the work program of the
unit will permit the absence. Because annual vacations are important to
maintain health

## 8B

## (Added 02-23-90, SPECIAL PN) 

§2066.2 (a) (1) (Con.) RD Instruction 2066-A

and efficiency, employees are encouraged to take planned annual leave.
Supervisors should be liberal in granting annual leave to attend
conventions or other organizational events or to observe established
religious holidays.

\(2\) Fixing the time when annual leave may be taken is the right of the
supervisor unless related to a disabled veteran seeking a medical
examination or treatment (see §2066.3) or an employee on military leave
(see §2066.13 (b)). Supervisors should prepare a written schedule of
planned absences of annual leave far enough in advance to:

\(i\) Maintain the necessary work force.

\(ii\) Minimize absences during peak workload conditions.

\(iii\) Permit employees to adjust their plans to meet work
requirements.

\(iv\) Prevent loss of any leave due employees.

\(b\) [Mandatory annual leave]{.underline}. Disabled veterans must be
granted earned annual leave, or LWOP if sick leave is not available, for
medical treatment if they present an official statement from a properly
certified medical practitioner which states:

\(1\) That treatment is necessary, and

\(2\) The number of days and hours the veteran will be absent.

## 8C

## (Added 02-23-90, SPECIAL PN)

(08-07-85) PN 974

§2066.2 (b) (Con.) RD Instruction 2066-A

Annual leave must also be granted to any employee if and when denial
would result in forfeiture of annual leave, unless the work situation
would be severely affected by the employee\'s absence.

\(c\) [Accrual of annual leave]{.underline}.

\(1\) [General provisions]{.underline}. An employee accrues annual leave
for each full pay period of employment unless he/she:

\(i\) Is in a nonpay status for the entire pay period.

\(ii\) Enters a nonleave-earning status while drawing disability
payments from the Office of Workers\' Compensation Programs.

\(2\) [Completion of full pay period]{.underline}. Both full-time and
part-time employees complete a full pay period of employment when they
are in a pay status, or any combination of pay and nonpay status, for
all the workhours and workdays of the pay period which fall within their
basic workweek. Full-time and part-time employees who are not in
pay/duty status for all the workhours and workdays of the pay period at
the beginning or ending of employment do not accrue annual leave. A full
pay period is completed when the employee:

\(i\) Enters on duty on the first workday after the beginning of a pay
period.

\(ii\) Enters on duty on the second workday after the beginning of a pay
period when a Federally observed holiday falls on the first workday.

\(iii\) Separates at the close of business on the last workday of a pay
period, or at the close of business on a holiday falling on the last
workday.

\(3\) [Annual leave categories and accrual rate]{.underline}. Annual
leave is earned at varying rates based on the amount of service an
employee has which is potentially creditable under the Civil Service
Retirement Act. (See FPM, 831-1 APP C Subchapter 53, and FPM 296-33
Subchapter 25). (Creditable service also includes paid Federal service
for which social security deductions have been made and which would
otherwise be creditable towards Civil Service Retirement.)

\(i\) Full-time employees accrue leave as shown in Table 2-1, below.

## 9

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (c) (3) (i) (Con.)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TABLE 2-1 - ANNUAL LEAVE-EARNING CATEGORIES

AND ACCRUALS FOR FULL-TIME EMPLOYEES

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_[CONDITIONS]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_[RESULTS]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

IF A FULL-TIME EMPLOYEE HAS CREDITABLE THEN FOR EACH FULL PAY

SERVICE OF . . . PERIOD THE ACCRUAL IS . . . [1]{.underline}/

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Less than 3 years (Category 4) 4 hours

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3 years but less than 15 years (Category 6) 6 hours [2]{.underline}/

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

15 years or more (Category 8) 8 hours

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(ii\) Part-time employees accrue leave for all hours worked including
any overtime hours in a pay period. Hours in pay status in excess of the
basic working hours in a pay period (80 hours) are disregarded in
computing the leave earnings. Leave earned during the pay period is
credited at the end of the pay period. The accrued rates are shown in
Table 2-2.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[1]{.underline}/ See §2066.2 (f)(l) for leave accrual reductions if an
employee\'s total hours in nonpay status in the leave year through the
current pay period equals 80 hours, or a multiple thereof.

[2]{.underline}/ In last complete pay period of each calendar year,
category 6 employees receive 10 hours annual leave instead of 6. (Refer
to §2066.2 (f)(2) for further guidance). If during this pay period they
enter the 8-hour category, they receive 8 hours instead of 10.

## 10 

§2066.2 (c) (3) (ii) (Con.) RD Instruction 2066-A

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TABLE 2-2 - ANNUAL LEAVE-EARNING CATEGORIES

AND ACCRUALS FOR PART-TIME EMPLOYEES

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

CONDITIONS RESULTS

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

IF A PART-TIME EMPLOYEE HAS CREDITABLE THEN 1 HOUR OF LEAVE IS

SERVICE OF . . . ACCRUED FOR EACH . . .

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Less than 3 years (Category 4) 20 hours in pay status [3]{.underline}/

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

3 years but less than 15 years (Category 6) 13 hours in pay status
[3]{.underline}/

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

15 years or more (Category 8) 10 hours in pay status [3]{.underline}/

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(iii\) Intermittent employees who have no regularly scheduled tour of
duty, do not accrue leave.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[3]{.underline}/ Only part-time employees (as opposed to intermittent
employees) are entitled to earn annual leave. Pay status hours which do
not equal the number necessary for a minimum leave credit or 1 hour are
carried over from one pay period to the next to accumulate toward future
leave credits; any hours in excess of 40 in any administrative workweek
will be disregarded for leave-earning purposes.

\(4\) [Changes in leave-earning categories]{.underline}. An employee
moves into a higher leave-earning category at the beginning of the next
pay period after he/she completes the required years of service. The
National Finance Center (NFC) sends an advance notice on Form AD-334,
\"Earnings Statement,\" to employees and their timekeepers to notify
them of the effective date of leave-earning category changes.

EXAMPLE: On the first Tuesday of Pay Period 2, John Doe completes 3
years of service. He changes from the 4-hour to the 6-hour annual leave
earning category and starts earning 6 hours annual leave each pay period
at the beginning of Pay Period 3.

\(5\) [Charging annual leave]{.underline}. Employees can be charged
annual leave for absence only on the days that constitute the basic
workweek or the regular tour of duty. There can be no annual leave
charged on holidays. The minimum charge for annual leave is 1 hour and
additional charges must be made in multiples thereof.

## 11

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (c) (Con.)

\(6\) [Fractional hours]{.underline}. Absences of fractional hours on
separate days shall not be combined. If, for example, an employee is
absent one-half hour on each of 2 separate days, the minimum charge is 1
hour for each day. If an employee is absent for 2 separate periods of
one-half hour each, on the same day, the minimum charge is 1 hour.
Annual leave may be charged in fractions of an hour in the following
instances:

\(i\) When regular workday contains a fractional hour. For an employee
whose regular workday contains a fraction of an hour, annual leave for a
full day\'s absence shall be charged in whole and fractional hours to
cover the exact workday.

Example: A part-time employee has a daily work schedule of 5 1/2 hours.
The annual leave charged for absence on the whole workday would be 5 1/2
hours. The annual leave charged for absence of 3 1/2 hours of workday
would be 4 hours.

\(ii\) If a different minimum charge is established through negotiation.

\(d\) [Fractional pay period accruals]{.underline}.

\(1\) [General provisions]{.underline}. An employee earns annual leave
on a prorata basis during continuous employment when his/her
leave-earning status is interrupted for a fraction of a pay period. For
example, this rule applies when, during a full pay period of employment,
an employee:

\(i\) Transfers between positions with different pay periods.

\(ii\) Changes to or from full-time, part-time, or intermittent status.

\(iii\) Is carried on LWOP for part of the pay period while drawing
disability compensation from the Office of Worker\'s Compensation
Programs.

\(iv\) Is restored after service in the military or with a public
international organization. (Employee must have restoration or
reemployment rights).

\(2\) [Pro-rata accrual rates]{.underline}.

\(i\) [Full-time employees]{.underline}. Table 2-3, below, shows the
pro-rata accrual rates of annual leave for full-time employees during
fractional pay periods.

## 12 

§2066.2 (d) (2) (i) (Con.) RD Instruction 2066-A

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TABLE 2-3 - PRO-RATA ANNUAL LEAVE ACCRUAL RATES

FOR FRACTIONAL PAY PERIODS

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

CONDITIONS RESULTS

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

IF THE NUMBER OF WORKDAYS THEN THE HOURLY ANNUAL LEAVE ACCRUAL, BY

IN THE PAY PERIOD IS . . . LEAVE-EARNING CATEGORY, IS . . .

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

4-Hour 6-Hour 8-Hour

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

1 1 1 1

2 1 1 2

3 1 2 2

4 2 2 3

5 2 3 4

6 2 4 5

7 3 4 6

8 3 5 6

9 3 5 7

\(ii\) [Part-time employees]{.underline}. Part-time employees accrue
annual leave for fractional pay periods the same as for full pay
periods. (See Table 2-2). However, if they change to fulltime status,
they lose any hours of work left to their credit which do not total
enough to earn 1 hour of annual leave.

\(iii\) [Intermittent employees]{.underline}. An employee in a position
designated as \"intermittent\" is entitled to leave on a pro-rata basis
if he/she has an established tour-of-duty.

\(3\) [Nonentitlement to pro-rata leave credit]{.underline}. There can
be no crediting of annual leave on a pro-rata basis for fractional pay
periods in the following situations. An employee who resigns, retires,
or is separated at the close of business on the last workday of the pay
period or a holiday falling on the last workday of the pay period has
completed the full pay period and accrues full leave for the period.

\(i\) Employee is eligible to earn leave but leave credits are being
reduced because total absence in a nonpay status within the leave year
equals 80 hours. (See §2066.2(f)).

## 13

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (d) (3) (Con.)

\(ii\) New employee reports for duty at other than the beginning of the
pay period and has no previous Federal service immediately preceding the
date of reporting to Rural Development. (See §2066.2(c)(2)).

\(iii\) Employee leaves Rural Development other than the close of a pay
period and is not going to be reemployed elsewhere in the Government
without a break of one workday.

\(e\) [Accrual reductions because of nonpay status]{.underline}.

\(1\) [General provisions]{.underline}. Annual leave accruals for a
full-time employee must be reduced whenever, during a leave year, the
total hours absence in a nonpay status (e.g., LWOP, AWOL, AWOP) equals
80 hours or any multiple of 80 (160, 240, etc.).

\(2\) [Amount of reduction]{.underline}. An employee\'s leave accruals
are reduced by the number of hours of annual leave that normally are
earned in a pay period. If the reduction is made for an employee who is
in leave-earning category 6 during the last complete pay period in the
calendar year, the leave accrual reduction will still be for 6 hours,
even though the employee earns 10 hours annual leave for that one pay
period. The 4 hours remaining will be credited to the employee.

\(3\) [Counting hours in nonpay status]{.underline}. The hours in nonpay
status are recorded on the T&A Report, and the total used to date is
carried forward each pay period through the leave year.

\(i\) [Breaks in service]{.underline}. If an employee has one or more
breaks in service during the leave year, all the employee\'s
leave-earning hours in nonpay status during each period of employment
are added together.

\(ii\) [Nonpay status when leave is not being earned]{.underline}.
Nonpay status during periods when an employee is not earning leave are
not counted against the 80 hours or multiples of 80. For example, when
an employee is on LWOP as a result of job injury for which disability
compensation is being paid, the employee is not in a leave-earning
status. The hours the employee is on such LWOP would, therefore, require
no reduction of leave credits. Also periods of advanced annual leave are
not counted as nonpay status when an employee makes a cash refund for
hours of leave advanced.

\(iii\) [Balances at end of leave year]{.underline}. Any hours of nonpay
status which do not total 80, or a multiple thereof, are dropped from
the T&A report at the end of the leave year.

## 14 

§2066.2 (Con.) RD Instruction 2066-A

\(f\) [Effect of length of appointment on accrual]{.underline}.

\(1\) [Appointments for 90 calendar days or more]{.underline}. Annual
leave begins to accrue with the first full pay period of employment
after entrance on duty.

\(2\) [Appointments limited to less than 90 calendar days]{.underline}.
The employee does not accrue annual leave. However, if an employee
receives successive appointments, each of which is limited to less than
90 calendar days, but which together total more than 90 calendar days,
he/she does accrue annual leave. Annual leave is retroactive from date
of the original appointment; the employee starts earning leave on the
day the employee complete 90 continuous calendar days.

\(3\) [Extensions or conversions of appointments limited to less than 90
calendar days]{.underline}. If an appointment which was initially
limited to less than 90 calendar days is extended or converted to one
which covers 90 calendar days or mere:

\(i\) Annual leave accrues beginning with the date of the extension or
conversion.

\(ii\) Retroactive credit is given for the time served under the initial
appointment(s) of less than 90 calendar days.

\(g\) [Crediting of annual leave]{.underline}. Full-time employees are
credited with annual leave at the beginning of the biweekly pay period
in which the leave will accrue. Part-time employees are credited with
annual leave at the end of the biweekly pay period in which the leave
has accrued.

\(h\) [Accumulation of annual leave]{.underline}. Accumulated annual
leave is that leave which remains to an employee\'s credit at the end of
a leave year. Limits are imposed by law, on the total hours of annual
leave that an employee may carry over from one leave year to the next
year.

\(1\) [Employees headquartered in the United States and alien employees
headquartered outside the United States (does not include territories or
possessions of U.S.)]{.underline}. Accumulation of annual leave for such
employees may not exceed 30 days (240 hours) at the beginning of the
leave year except that employees having an accumulation in excess of 30
days at the end of the last complete biweekly pay period in the calendar
year 1952 (or as of close of business 8-20-59, for employees
headquartered in Hawaii, or as of close of business 7-6-58, for
employees headquartered in Alaska) may maintain such excess accumulation
until used. Whenever an employee having an accumulation in excess of 30
days uses more than the annual leave accrual in any leave year, the
maximum allowable accumulation will be reduced accordingly until it no
longer exceeds 30 days.

## 15

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (h) (Con.)

\(2\) [U.S. citizens employed outside the United States]{.underline}.
The accumulation of annual leave for the following categories of U.S.
citizen employees headquartered outside the United States may not exceed
45 days at the beginning of the leave year.

\(i\) Persons directly recruited or transferred by the Federal
Government.

\(A\) From the United States including transfers to Puerto Rico.
(Exception: Natives of Puerto Rico or of possessions of the United
States who are temporarily absent from their homes to attend school in
the United States, and who are directly recruited in the United States
for service in their home area, are entitled to the same maximum annual
leave accumulation as employees stationed in the United States.)

\(B\) From Puerto Rico or possessions of the United States for
employment outside the area of recruitment or the area from which
transferred.

\(ii\) Persons employed locally but who were:

\(A\) Originally recruited from the United States, or Puerto Rico or
possessions of the United States (but outside the employment area) who
have been in substantially continuous employment by other Federal
agencies, United States firms, interests or organizations, or
international organizations in which the United States Government
participates, or foreign governments, and whose conditions of employment
provide for their return transportation to the United States or to
Puerto Rico or to possessions of the United States, or

\(B\) Hired while temporarily absent, for the purpose of travel or
formal study, from the United States or from their respective places of
residence in Puerto Rico or in possessions of the United States and who,
during such temporary absence, have maintained residence in the United
States but outside the area of employment.

\(iii\) Persons who are not normally residents of the area concerned and
who are discharged from service in the Armed Forces of the United States
to accept employment with an agency of the Federal Government.

## 16 

§2066.2 (h) (Con.) RD Instruction 2066-A

\(3\) [Retention of 45-day accumulation]{.underline}. Employees eligible
for 45-day accumulation who have an excess of 45 days at the end of the
last biweekly pay period in the calendar year 1952 may retain such
excess accumulation until used. Whenever such an employee uses more than
the annual leave accrual in any leave year, the maximum allowable
accumulation is reduced accordingly until it no longer exceeds 45 days.
When such employees move to positions in which they are subject to the
30-day accumulation limit, they retain their accumulation above the
30-day maximum until they use more annual leave in a leave year than
they earn in that leave year. When this occurs, the balance carried
forward becomes their new ceiling.

\(4\) [Exclusion of travel time]{.underline}. When employees eligible
for 45-day accumulation return to the United States on annual or home
leave, such annual or home leave is exclusive of travel time (i.e., time
actually and necessarily occupied in going to and from their post of
duty and such time as may be necessary in awaiting sailing or flight).
Travel time may be allowed only once in a prescribed tour of duty.

\(5\) [Employees in the Senior Executive Service]{.underline}. Section
410 of the Civil Service Reform Act creates an exception from the
limitation on annual leave accumulation for individuals serving under an
appointment to the Senior Executive Service (SES).

\(i\) Employees in SES have no limit on the number of hours of annual
leave that may be carried over from one leave year to the next. However,
the unlimited leave accrual begins with the effective date of placement
in the SES position. For example: An employee enters an SES position
effective July 1, 1982, with 312 hours accumulated annual leave.
Essentially, the leave year is closed out upon entrance into the SES
position. Therefore, the employee will have 72 hours annual leave to use
or lose by the end of the leave year. Annual leave earned after July 1
is not subject to forfeiture and can be carried forward into subsequent
years without limitation.

\(ii\) When an SES employee moves to a position outside SES, the
limitation is again applicable, and any annual leave accumulated while
serving in SES is subject to reduction at the beginning of the next
leave year.

\(6\) [Recording leave carry-over ceiling]{.underline}. A record of
employees\' leave carry-over balances is officially maintained by Rural
Development designated time keepers, and National Finance Center. During
the month of October,

## 17

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (h) (6) (Con.)

NFC will notify each agency of those employees who are in the use or
lose category. This information is available to employees for leave
planning purposes. It is the responsibility of the PED to keep employees
informed of any changes in carry-over ceiling, and the amount of leave
which must be used during the leave year in order to avoid forfeiture of
leave at the end of the leave year.

\(i\) [Leave substitution]{.underline}.

\(1\) [In lieu of sick leave]{.underline}. Annual leave may be granted
at an employee\'s request for absence due to illness or other authorized
sick leave purposes. However, annual leave may not be granted
retroactively for sick leave already approved except to liquidate
advanced sick leave, as specified in subparagraph (2) of this paragraph.

\(2\) [For advance sick leave]{.underline}. Annual leave may be
substituted for advanced sick leave already taken with the following
limitations:

\(i\) The substitution must not be made so late in the leave year that
the annual leave would otherwise have been forfeited because there would
not have been time to use it.

\(ii\) The substitution may only be made if the supervisor would have
granted annual leave at the time of the absence on advanced sick leave.

\(3\) [For compensatory time]{.underline}. If the use of compensatory
time will result in the forfeiture of annual leave, annual leave must be
taken before compensatory time. The compensatory time, however, must be
used or paid for by the end of the leave year in which it was earned.

\(4\) [For LWOP]{.underline}. Annual leave may be substituted for a
period of LWOP if all of the following conditions are met:

\(i\) The amount substituted may not exceed the annual leave balance on
the beginning date of the LWOP status.

\(ii\) The employee was not aware of the annual leave balance, because
of an administrative error or misunderstanding.

\(j\) [Advancing annual leave]{.underline}

\(1\) [Use of annual leave in advance of accrual]{.underline}. Employees
otherwise eligible to earn leave may be granted (employee does not have
a vested right to advance leave), at any time after the beginning of

## 18 

§2066.2 (j) (1) (Con.) RD Instruction 2066-A

the current leave year, the annual leave which they will earn during the
current leave year. Such unearned annual leave is granted only with the
express understanding that if it is not later earned during the
remainder of the current leave year by reason of unanticipated nonpay
status, the employee may be required to make refund for the unearned
portion. (See subparagraph 4 of this paragraph.) However, an employee
may not be advanced annual leave when it is known (or reasonably
expected) that the employee will not return to duty (e.g., when the
employee has applied for disability retirement, after an employee has
received a notice of separation, or furlough, or has submitted a
resignation).

\(2\) [Carryover of advanced annual leave to next leave
year]{.underline}. Any advanced annual leave not liquidated at the end
of a leave year may be carried over as an advance on the following
year\'s leave earnings if:

\(i\) The leave still owed by the employee resulted from nonleave
earning status due to illness or other personal emergency which
prevented the employee from earning leave during the year with which to
repay the advance.

\(ii\) The amount of advanced leave owed does not exceed one-half of the
annual leave to be earned in the next leave year.

\(iii\) The charge against a following year\'s leave is not made for 2
successive years.

\(3\) [Refunds for advanced leave not carried over]{.underline}. Any
advanced leave which cannot be carried forward to the next leave year
must be covered by a refund in the amount paid to the employee for the
leave. Refunds must be made either:

\(i\) By a single salary deduction from the first paycheck in the new
leave year.

\(ii\) By a series of deductions from the first and subsequent
paychecks, if the supervisor determines that:

\(A\) There is no risk to the Government.

\(B\) The employee\'s financial needs merit spreading the amount of the
refund over several payments. The payments, however, cannot extend
beyond the end of the new leave year.

## 19

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (j) (Con.)

\(4\) [Refunds for advanced leave upon separation]{.underline}. When an
employee separates from the Federal service before leave advanced to
him/her has been earned, the value of the leave is recovered from any
pay due him/her. A refund is not required, however, if the employee
separates because of:

\(i\) Death.

\(ii\) Disability retirement.

\(iii\) Entrance into military service with restoration rights.

\(iv\) Disability which prevents the employee from continuing service,
if validated by medical evidence.

\(v\) Transfer to other Federal employment without a break in service.

\(5\) [Collection of refund]{.underline}.

\(i\) Refunds for advanced leave must be computed in accordance with the
leave regulations in effect when the leave was granted, and at the
salary rate or rates at which the employee was paid for the leave.

\(ii\) Collections from employees, where required, for advanced leave
will be made as soon as possible following the end of the leave year by
refund or deductions from salary payments due to the employee.

\(iii\) Any period covered by a refund for the value of unearned
advanced leave will not be considered as a nonpay status for the purpose
of leave reduction.

\(6\) [Advancing annual leave during change of
administration]{.underline}. State Directors who are initially given
temporary appointments may be advanced annual leave only in the amount
which will be earned under the temporary appointment.

\(7\) [Advancing annual leave to temporary employees]{.underline}. An
employee holding a limited appointment may be advanced annual leave only
in the amount which will be earned during the remaining period of
employment. The employee must understand that if the unearned annual
leave is not later earned the employee will be required to make a refund
for this unearned leave.

## 20 

§2066.2 (Con.) RD Instruction 2066-A

\(k\) [Granting annual leave credited in error]{.underline}. When an
employee is granted annual leave credited to him/her through
administrative error, the employee must repay the leave unless repayment
is waived by Rural Development. (For waiver procedure please provide an
explanation of error by memorandum and send memorandum to Employee
Relations Branch, PED, Washington, DC). When the error is discovered,
the employee, the supervisor, or administrative officer, will then
arrange a repayment agreement. The employee may choose to make refund in
one or more of the following ways:

\(1\) Lump-sum or installment payment in dollars, equivalent to the
dollar value of the leave at the time it was used.

\(2\) Charge against future leave earnings for the amount of excess
leave used.

\(3\) Deduction from current leave account of excess leave used.

\(l\) [Terminal annual leave]{.underline}

\(1\) [General provisions]{.underline}. Terminal annual leave means
leave granted and used after it becomes known that an employee is
leaving the service without returning to duty status. Terminal annual
leave may be granted only under the conditions in subparagraphs (i),
(ii) and (iii) of this paragraph. When an employee is granted and uses
terminal annual leave under one of these conditions, leave is earned
while the employee is on leave. Terminal annual leave may not be granted
for the purpose of keeping an employee on the rolls to complete a pay
period and thereby earn leave.

\(i\) Terminal annual leave may be granted when the separation occurs
near the end of the fiscal year and the lump-sum payment cannot be made
from the current appropriation (terminal annual leave can be granted in
such cases only through the end of the current fiscal year), or

\(ii\) Terminal annual leave may be granted to retain an employee on the
rolls until final date of separation where such date is set by
statutory, regulatory, or notice requirements. This includes removals,
disability retirements, and reductions in force. The PED will advise the
employee, through the appropriate official or field office, of the
correct effective date in such cases.

\(iii\) Terminal annual leave may be granted for that amount of unused
current accrued annual leave which would otherwise be lost.

## 21

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (1) (Con.)

\(2\) [Completion of T&A in cases where employee takes annual leave on
the last day or days of the final pay period on rolls]{.underline}. The
\"Remarks\" block of the T&A Report must carry the notation \"no leave
accrual\" unless the employee has been granted terminal annual leave
under one of the conditions given in subparagraphs (1) (i), (ii), or
(iii) of this paragraph. If the employee has been granted terminal
annual leave under one of those conditions, the \"Remarks\" block of the
T&A Report will state \"terminal leave, employee accrues leave.\" (Refer
to T&A Mode Manual, Chapter V, 2 (e) for additional guidance).

\(m\) [Necessary absences (including tardiness) of less than 1
hour]{.underline}. Brief absences from duty of less than one (1) hour
and tardiness of less than 1 hour may be excused by the supervisor for
justifiable cause. When not justifiable to the supervisor, the absence
must be charged to annual leave, sick leave, LWOP, or AWOL. However,
supervisors should be aware that, by placing an employee in any leave
status other than AWOL, approval is, in effect, being given for the
absence.

\(n\) [Nonworkdays and holidays]{.underline}.

\(1\) [Nonworkdays established by Executive Order or Administrative
Order]{.underline}.

\(i\) Employees in an annual leave status cannot be charged leave on
days on which all employees are excused from the performance of their
duties because a nonworkday has been established by Executive Order.

\(ii\) Except for experts and consultants compensated at per diem or per
hour rates and alien or native employees outside the continental United
States who are paid at per diem or per hour rates, employees in annual
leave status cannot be charged leave on days on which all employees are
excused from the performance of their duties because a nonworkday has
been established by administrative order.

\(2\) [Days on which all employees are excused]{.underline}. Employees
on annual leave must be charged leave on days on which all employees at
work are excused from the performance of their duties for reasons other
than those stated in subparagraphs (1), (4), and (6) of this paragraph.
Experts and consultants compensated at per diem or per hour rates with
regular tours of duty who are not in leave status will be charged annual
leave, sick leave (if applicable), or LWOP when excused from the
performance of their duties under these

## 22 

§2066.2 (n) (2) (Con.) RD Instruction 2066-A

circumstances. Alien or native employees outside the continental limits
of the United States who are compensated at a per diem or per hour rate
will be charged annual leave, sick leave (if applicable), or LWOP.

\(3\) [Days on which employees engage in activities for which official
leave is granted]{.underline}. Employees in an annual leave status
cannot be charged leave for a period in which they are actually engaged
in one of the activities for which official leave is granted. (See
§2066.12.)

\(4\) [Local, State, and territorial holidays, and national holidays of
foreign countries]{.underline}. Field employees in the United States, in
insular possessions, and in foreign countries may be excused from duty
without charge to annual leave on local, State, and territorial holidays
and on national holidays of foreign countries when a responsible
officer-in-charge of the program determines that local conditions
prevent them from working. (See §2066.12 (p) for additional
information.) Exceptions are:

\(i\) Experts and consultants with regular tours of duty who are
compensated at per diem or per hour rates, and

\(ii\) Aliens or native employees outside the continental United States
who are paid at per diem or per hour rates.

\(5\) [Emergency conditions due to strikes or floods]{.underline}. See
§2066.12 (1) of this Instruction regarding leave for participation in
emergency rescue or protective work.

\(6\) [Hazardous weather dismissals]{.underline}. For leave charged in
cases of emergency due to hazardous weather conditions, see §2066.12 (r)
of this Instruction. (Revised 8-17-88, PN 93)

\(o\) [Lump-sum payments]{.underline}.

\(1\) [General provisions]{.underline}. Under 5 U.S.C. 5551, accumulated
annual leave for lump-sum purposes consists of:

\(i\) Regular carry-over balance (ceiling) from the previous leave year,
if any, plus

\(ii\) Accrued and unused annual leave during the then current leave
year, if any, plus

\(iii\) Any unused restored annual leave maintained in a separate
account.

NOTE: The beneficiary of a decreased employee shall received a lump-sum
payment for all accumulated annual leave.

## 23

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (o) (Con.)

\(2\) [Conditions prescribing payment]{.underline}. Payment is
prescribed under the following conditions:

\(i\) [Required payment]{.underline}. An employee must be given a
lump-sum payment of all annual leave to his/her credit, including unused
restored leave, even though the amount exceeds the allowed carry-over,
upon:

\(A\) Death of an employee who was in pay status on the workday before
his/her death. Regular duty pay shall be paid for the day of death. The
day of death shall not be included in the lump-sum payment.

\(B\) Separation from Federal service for 1 or more workdays, except as
follows: If an employee is separated to accept a leave earning position
in another agency, the Rural Development [may]{.underline} make payment
to the employee for only the workdays preceding his reemployment. The
remainder of annual leave shall be transferred to the gaining agency as
described in §2066.2 (i).

\(C\) Employment in a position not covered by any leave system.

\(D\) Intermittent employment (i.e., without s regularly scheduled tour
of duty) where there is an actual change to a different position with
different duties. When the tour of duty of a part-time or full-time
employee is changed to intermittent and the employee continues to occupy
the same position with no change of duties (e.g., a student trainee),
lump-sum payment is not made because annual leave must remain to the
employee\'s credit until there is a change back to a part-time tour of
duty.

\(ii\) [Optional payment]{.underline}. When an employee enters the Armed
Forces or an international organization, the employee may elect:

\(A\) To receive a lump-sum payment for annual leave.

\(B\) To have the annual leave remain to his/her credit until his/her
return from active duty.

\(C\) To have annual leave remain to his/her credit and to be paid for
it upon request at any time before reemployment.

## 24

## (Revision 1) 

§2066.2 (o) (2) (Con.) RD Instruction 2066-A

\(iii\) [Prohibited payment]{.underline}. An employee shall not receive
a lump-sum payment if either:

\(A\) Transferred to a position to which his/her annual leave may also
be transferred.

\(B\) Intermittently employed between full or part-time tours of duty;
i.e., the employee\'s tour of duty fluctuates between full or part-time
and intermittent, with no change in position or duties, such as for a
student-trainee.

\(3\) [Computation]{.underline}.

\(i\) Compute the lump-sum payment on the basis of an employee\'s
entitlement at the time he/she is separated. The payment will:

\(A\) Cover the workdays an employee would have been on annual leave had
he/she actually used it.

\(B\) Reflect the pay an employee would have received had he/she
remained on the rolls.

\(C\) Not include payment for holidays.

\(ii\) A lump-sum payment can be used when necessary as a setoff toward
an employment indebtedness to the Government.

\(iii\) The period covered by the lump-sum payment is not creditable as
Federal civilian service.

\(4\) [Refund upon reemployment]{.underline}. Whenever a former Federal
employee who received a lump-sum payment is reemployed prior to the
expiration of the period covered by such a payment, a refund to the
reemploying agency must be made as indicated below.

\(i\) The refund must be made for the unexpired period UNLESS the
reemployment is without a regularly scheduled tour of duty. The leave
represented by the refund is recredited to the employee in an amount
equal to the amount of the refund. The leave cannot be recredited to the
employee until the full refund has been made.

\(ii\) If the unexpired period of leave covers a larger amount of leave
than can be transferred to a different leave system, the employee is
only required to make a refund covering the amount of recreditable
annual leave when reemployed under a different leave system.

## 25

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (Con.)

\(p\) [Transfer, restoration, and recredit of annual leave]{.underline}.

\(1\) [Transfer of annual leave]{.underline}. In cases of transfer (or
separation and reemployment without a break in service) to a position
under the same or a different leave system, the employee\'s annual leave
is certified by SF-1150, \"Record of Leave Data,\" to the receiving
agency for credit or charge as follows:

\(i\) When the transfer is between positions both of which are covered
by the same leave system, leave is transferred. However, if an employee
will serve without a regularly scheduled tour of duty (intermittent,
etc.) in the position to which he/she is transferred, a lump-sum payment
will be made.

\(ii\) Leave will be credited by the receiving agency on an adjusted
basis and in an amount not exceeding the aggregate which employees in
the receiving agency are permitted to accumulate. The untransferable
leave will be held by the losing agency for recredit to the employee in
the event of return (without a break in service of more than 52
continuous calendar weeks) to the leave system under which it was
earned.

\(iii\) Follow the Mode Procedures Time and Attendance Report Handbook
for guidance in transferring SF-1150 to NFC.

\(2\) [Prohibited transfer of annual leave]{.underline}. Annual leave
cannot be transferred when an employee:

\(i\) Moves to a nonleave-earning position where he/she must be given a
lump-sum payment for annual leave.

\(ii\) Is serving in a temporary position while on involuntary furlough
from a permanent position, in which case he/she is treated as two
separate employees for leave purposes.

\(iii\) Transfers to a position where all or part of his/her annual
leave must be held in abeyance until the employee becomes entitled to a
lump-sum payment upon separation from Federal employment, or returns to
a position where leave can be recredited. Such leave is held in abeyance
by the agency from which transferred.

\(iv\) Transfers to a cooperative position in which annual leave is
earned under a special system.

\(3\) [Restoration of forfeited annual leave]{.underline}.

## 26 

§2066.2 (p) (3) (Con.) RD Instruction 2066-A

\(i\) Annual leave in excess of an employee\'s allowable accumulation
must be forfeited at the end of the leave year. However, an employee may
have forfeited annual leave restored under any one of the following
conditions:

\(A\) Administrative error which causes the loss of annual leave
accruing after June 30, 1960.

\(B\) Exigency of the public business when the annual leave was formally
requested in writing by the employee at least three pay periods prior to
the end of the leave year.

([1]{.underline}) Only a bona fide operational emergency of such
magnitude or significance that the public business cannot be effectively
conducted or accomplished will support the cancellation of an
employee\'s annual leave for the period requested.

([2]{.underline}) The exigency must be of such importance that employees
cannot be excused from duty for its duration. This decision is to be
made in advance of canceling the leave, except in emergencies, and
should be approved by the official listed in subparagraph (v) of this
section before taking such action. Specific beginning and ending dates
of the exigency must be fixed in advance whenever possible. If the
decision cannot be made in advance, approval should be obtained as soon
as practical after the onset of exigency. (Revised 4-9-86, PN 6.)

([3]{.underline}) There must be no reasonable alternative to the
canceling of the annual leave or the assignment of those individual
employees who will forfeit annual leave because of the work requirement
generated by the exigency.

([4]{.underline}) The exigency must be documented in writing by the
supervisor and submitted to the next higher management level. (For
National Office, next higher management level will be Division Director
or above; for the State Office, the State Director will be next higher
management level official; for the Finance Office, the Director will be
the next higher management level official.) The approving official will
document the decision in writing and notify the recommending supervisor
of the decision made. The approving official will retain the file
documenting the exigency.

## 27

## (Revision 2)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (p) (3) (i) (B) (Con.)

([5]{.underline}) For an exigency occurring any time during the year,
managers and supervisors have a responsibility to schedule their
employee\'s leave throughout the year so as to avoid the possibility of
forfeiture. If an employee\'s leave has to be cancelled due to workload,
managers and supervisors must make every effort to reschedule the
employee\'s annual leave in writing for some other time period before
the end of the leave year.

\(C\) Sickness of the employee when the annual leave was approved in
writing at least three pay periods prior to the end of the leave year by
an appropriate official. The illness must have occurred at such time
late in the year or been of such duration that annual leave could not be
rescheduled for use before the end of the year to avoid forfeiture. A
grant of sick leave is not in itself a basis for permitting annual leave
to be forfeited and subsequently restored. Supervisors have the
responsibility to reschedule annual leave, if possible, and this
rescheduling must also be in writing. A statement by the attending
physician is also required to support the period of sickness.

\(D\) Unjustified or unwarranted personnel action which causes the loss
of annual leave.

\(ii\) Restored annual leave (except as provided in subparagraph (iii)
of this paragraph) because of exigencies, sickness, or administrative
error, will be credited to a separate leave account and must be used no
later than the end of the leave year ending within 2 years from:
(Revised 4-15-87, PN 48.)

\(A\) The date the annual leave was restored in correcting an
administrative error.

\(B\) The date fixed by Rural Development as the termination of the
exigency that resulted in forfeiture of annual leave.

\(C\) The date the employee is determined to be recovered and able to
return to duty if the leave was forfeited because of illness.

EXAMPLE: Agency management determined that an exigency, which resulted
in forfeiture of 40 hours of annual leave at the end of the 1980 leave
year, terminated March 5, 1981. The 40 hours was restored as of March 5,
1981, and the employee will have until the end of the leave year 1983 to
use the restored leave.

## 28

## (Revision 2) 

§2066.2 (p) (3) (Con.) RD Instruction 2066-A

\(iii\) Annual leave restored because of an extended exigency as defined
below, 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. This time period begins at the beginning of the leave year
following the leave year in which the exigency is declared to be ended.
An \"extended exigency\" means an exigency of such significance as to:
(Revised 4-15-87, PN 48)

\(A\) threaten the national security, safety, or welfare;

\(B\) last more than 3 calendar years;

\(C\) affect a segment of an agency or occupational class; and

\(D\) preclude subsequent use of both restored and accrued annual leave
within the time limit specified in subparagraph (ii) of this paragraph.

\(iv\) Restored annual leave because of unwarranted or unjustified
personnel action is controlled by different time limits than leave
restored for exigency, sickness or administrative error. Time limits are
as follows: (Renumbered 4-15-87, PN 48.)

\(A\) A full-time employee shall schedule and use excess annual leave of
416 hours or less by the end of the leave year, 2 years after the date
on which the annual leave is credited to the separate account. The
Agency shall extend this period by one leave year for each additional
208 hours of excess annual leave or any portion thereof.

## 29

## (Revision 3)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (P) (3) (Con.)

\(B\) A part-time employee shall schedule and use excess annual leave in
an amount equal to or less than 20 percent of the employee\'s present
scheduled tour of duty projected over the next 52 weeks. This leave
shall be scheduled and used by the end of the leave year in progress 2
years after the date on which the annual leave is credited to the
separate account. The agency shall extend this period by one leave year
for each additional number of hours of excess annual leave, or any
portion thereof, equal to 10 percent of the employee\'s scheduled tour
of duty over a period of 52 calendar weeks.

\(v\) Officials authorized to restore annual leave. (Renumbered 4-9-86,
PN 6.)

\(A\) The Administrator determines that an exigency of the public
business resulted in forfeiture of annual leave and will restore such
leave for the personnel in the immediate organizational unit of the
Associate and Deputy Administrators, State Directors, and Assistant
Administrator, FO. (Revised 8-17-88, PN 93)

\(B\) The Deputy Administrator for Management determines that an
exigency of the public business resulted in forfeiture of annual leave
and will restore such leave for the personnel of all other units in the
National Office. (Revised 4-15-87, PN 48.)

\(C\) The Director, Personnel Division approves restoration of annual
leave forfeited because of administrative error, an unwarranted or
unjustified personnel action, or sickness for employees in the National
Office. (Revised 4-15-87, PN 48.)

## 30

## (Revision 3) 

§2066.2 (P) (3) (Con.) RD Instruction 2066-A

\(D\) State Directors determine exigencies of the public business that
may result in forfeiture of annual leave for all units within the State
except for the immediate organizational unit of the State Director.
State Directors will restore leave forfeited because of exigencies,
administrative error, an unwarranted or unjustified personnel action, or
sickness for all employees in the State. (Revised 8-17-88, PN 93)

\(E\) The Assistant Administrator, Finance Office determines exigencies
of the public business that may result in forfeiture of annual leave for
all units within the Finance Office, except the immediate organizational
unit of the Assistant Administrator. The Assistant Administrator will
restore leave forfeited because of exigencies, administrative error, an
unwarranted or unjustified personnel action, or sickness for all
employees in the Finance Office. (Revised 8-17-88, PN 93)

## 30A

## (Revision 2)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (p) (3) (Con.)

\(vi\) Requests for restoration of forfeited annual leave must be
initiated by memorandum from the employee or an appropriate official in
the supervisory chain, and routed through channels to the servicing
Personnel Office. (Revised 4-15-87, PN 48.)

\(A\) All requests must include:

([1]{.underline}) Employee\'s name, title, grade, social security
number, and duty station.

([2]{.underline}) Details of the specific circumstances causing
forfeiture of leave. EXAMPLES:

([i]{.underline}) Emergency operational situation or exigency which
resulted in cancellation of the scheduled leave, including its inclusive
date.

([ii]{.underline}) The nature of sickness, including the doctor\'s
certificate, date illness began, and date employee returned to duty.

([iii]{.underline}) The administrative error which resulted in
forfeiture of annual leave.

([iv]{.underline}) The unjustified or unwarranted personnel action which
resulted in forfeiture of annual leave.

\(B\) Requests for restoration which are due to exigency or sickness
must also be supported by:

([1]{.underline}) A copy of approved forms or documents used to schedule
or reschedule forfeited annual leave to include:

([i]{.underline}) The date the supervisor approved the leave.

## 30B

## (Revision 1) 

§2066.2 (p) (3) (Con.) RD Instruction 2066-A

([ii]{.underline}) The specific dates of scheduled leave and total
number of hours.

([iii]{.underline}) The dates the leave was rescheduled to and the
amount of leave that was rescheduled for use, if appropriate. If an
exigency occurs during the year that results in the cancellation of
leave, action must be taken to reschedule the leave for use before the
end of the year to avoid forfeiture.

## 30C

## (Added 8-17-88, PN 93)

(8-7-85) PN 974

§2066.2 (p) (3) (vi) (B) (Con.) RD Instruction 2066-A

([2]{.underline}) The specific dates the annual leave was cancelled and
total number of hours of annual leave forfeited.

([3]{.underline}) A copy of the employee\'s T&A for the last pay period
and the first pay period for the leave years in question.

([4]{.underline}) An explanation of why the annual leave could not have
been rescheduled and used during the leave year.

([5]{.underline}) A copy of the paperwork documenting the exigency and
its approval by the appropriate management official.

\(C\) The servicing Personnel Office will: (Revised 4-15-87, PN 48.)

([1]{.underline}) Review requests for restoration of forfeited annual
leave and recommend approval or disapproval by the Administrator; Deputy
Administrator for Management; Director, Personnel Division; State
Director; or Assistant Administrator, Finance Office. (Revised 4-15-87,
PN 48.)

([2]{.underline}) Prepare Form AD-582, \"Authorization for Restored
Annual Leave under Public Law 93-181.\"

([3]{.underline}) Distribute copies of approved Form AD-582 to:

([i]{.underline}) Original to NFC using Form AD-337,
\"Transmittal-Personnel and Payroll Forms.\"

([ii]{.underline}) Copy in employee\'s Official Personnel Folder (OPF).

([iii]{.underline}) Copy to employee\'s timekeeper.

([iv]{.underline}) Copy to employee.

\(vii\) In recording restored annual leave, the timekeeper will:
(Renumbered 4-9-86, PN 6.)

\(A\) Maintain a separate record on the timekeeper\'s copy of Form
AD-582 of restored annual leave used and balances. The amount of the
restored leave does not in any way increase or change an employee\'s
normal maximum permissible carry-over of annual leave into a new leave
year. (Do not maintain restored annual leave balances on the T&A
itself.)

## 31

## (Revision 2)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.2 (p) (3) (vii) (Con.)

\(B\) Use Transaction Code \"63\" on the T&A to enter restored annual
leave used by the employee (refer to Chapter III, C 8 of T&A Mode Manual
for additional information).

\(C\) Notify employees of restored leave balances prior to the end of
the leave year. (NFC audits restored leave balances but does not notify
employees.)

\(viii\) A request for restoration of annual leave forfeited due to a
public exigency will not be accepted or processed after April 1 of the
following leave year. There are no time limits on the acceptance or
processing of restoration requests for leave forfeited due to
administrative errors, employee illness, or unjustified or unwarranted
personnel actions. Any restored leave unused at the expiration of the
2-year limit is again forfeited with no further right to restoration.
There is no legal authority to provide payment for restored leave if
leave is used within the specified time. (Revised 4-15-87, PN 48.)

\(ix\) Restored leave can be transferred and such leave balances will be
shown on Form SF-1150 or AD-336, \"Record of Leave Data Transferred\".
When an employee transfers, the gaining agency will credit the restored
leave balance to the employee\'s record. (Renumbered 4-9-86, PN 6.)

\(x\) If the restored leave is not used and the employee separates from
government service, the employee is entitled to a lump-sum payment for
the unused restored leave. (Renumbered 4-9-86, PN 6.)

\(q\) [Recredit of annual leave]{.underline}.

\(1\) [After military service]{.underline}. When an employee enters
active military service with restoration rights, his/her leave account
is certified for credit or charge and filed in the employee\'s OPF. If
he/she is restored within 52 calendar weeks after separation from
military service, the gaining agency reestablishes the certified leave
account for credit or charge. If the employee is not restored for
reasons other than death and was:

\(i\) Furloughed to enter military service, he/she is separated as of
the day before entry into military service. Annual leave to his/her
credit is paid in a lump-sum. If indebted for unearned leave, collection
is requested.

## 32

## (Revision 2) 

RD Instruction 2066-A

§2066.2 (q) (1) (Con.)

\(ii\) Separated to enter military service, the employee must make claim
for the annual leave to his/her credit. If indebted for unearned leave,
collection is requested.

\(2\) [Upon refund of lump-sum payment]{.underline}. The hours of leave
represented by the refund are recredited to his/her account and are
available for use as soon as the employee\'s refund is received.

\(3\) [Upon reemployment under a leave system where prior leave is being
held for recredit]{.underline}. When an employee returns to a position
under a leave system where a leave account is being held for him/her,
he/she is recredited with prior balance if the employee has not had a
break in service of more than 52 calendar weeks.

§§2066.3 - 2066.6 (Reserved)

§2066.7 [Sick leave]{.underline}.

\(a\) [Accrual of sick leave]{.underline}.

\(1\) [General]{.underline}.

\(i\) Employees earn sick leave during each full biweekly pay while in a
pay status or in a combination of pay status and nonpay status. Sick
leave is not earned for periods in a pay status of less than a full
biweekly pay period. Exceptions to the requirement that an employee
complete the full pay period to earn sick leave are the same for sick
leave as they are for annual leave.

\(ii\) An employee who is absent on LWOP because of a service-connected
injury or illness does not accrue sick leave for the period during which
disability compensation is paid by the Office of Federal Employee\'s
Compensation of the U.S. Department of Labor.

## 33

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.7 (a) (Con.)

Reductions in sick leave credits are required the same as for annual
leave when, during the leave year, nonpay status totals the equivalent
of the base pay hours in one pay period.

\(2\) [Completion of full pay period]{.underline}. Full-time and
part-time employees complete a full pay period of employment when they
are in pay status, or any combination of pay and noonday status, for all
of the work hours and workdays of the pay period which fall within their
basic workweek. An employee must be on the rolls for all the work hours
and workdays of the pay period in order to earn sick leave.

\(3\) [Accrual rates]{.underline}.

\(i\) [Full-time employees]{.underline} accrue 4 hours of sick leave
each full pay period. Accruals for full-time employees are credited at
the beginning of the pay period.

\(ii\) [Part-time employees]{.underline} accrue 1 hour of sick leave for
each 20 hours in pay status, whether or not such pay status is part of a
regular tour. Credit may not be given for more than 40 hours of pay
status in 1 week. Hours in pay status during a pay period which total
less than 20 (or a multiple thereof) shall be carried over for credit in
the next pay period. Accruals for part-time employees are credited at
the end of the pay period.

## 34

## (Revision 1) 

§2066.7 (a) (3) (Con.) RD Instruction 2066-A

\(iii\) [Intermittent employees]{.underline} who have no regularly
scheduled tour of duty do not earn sick leave.

\(4\) [Fractional pay period accruals]{.underline}.

\(i\) [General Rule]{.underline}. An employee earns sick leave on s pro
rata basis if, during continuous employment, his/her leave-earning
status is interrupted for a fraction of a pay period. For example, this
rule applies during a pay period when an employee:

\(A\) Transfers between positions having different pay periods.

\(B\) Changes his/her employment status (full-time to part-time or
intermittent, or vice versa).

\(C\) Is carried on LWOP while drawing disability compensation from the
Office of Workers Compensation Programs.

\(D\) Is restored after service in the military or with a public
international organization. (Employee must have restoration or
reemployment rights.)

\(E\) Is restored after a period of unwarranted suspension.

\(ii\) [Pro-rata accrual rates]{.underline}.

\(A\) [Full-time employees]{.underline}. Table 3-1 of this subparagraph
shows the pro-rata accrual rates for sick leave for full-time employees
during fractional pay periods.

\(B\) [Part-time employees]{.underline}. Part-time employees accrue sick
leave for fractional pay periods the same as for full pay periods. (See
Table 3-1 of this subparagraph for accrual rates.) If a part-time
employee changes to full-time status, he/she shall lose credit for any
hours of work below the 20 hours required to earn 1 hour of sick leave.

## 35

(8-7-85 ) PN 974

RD Instruction 2066-A

§2066.7 (a) (4) (ii) (B) (Con.)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TABLE 3-1 - PRO-RATA ACCRUAL RATES

FOR FRACTIONAL PAY PERIODS

(FULL-TIME AND PART-TIME EMPLOYEES)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

CONDITIONS RESULTS

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

IF THE NUMBER OF WORKDAYS IN A PAY THEN THE HOURLY ACCRUAL OF

PERIOD IS . . . SICK LEAVE IS . . .

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

1 1

2 1

3 1

4 2

5 2

6 2

7 3

8 3

9 3

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(5\) [Accrual reductions because of nonpay status]{.underline}.

\(i\) [General rule]{.underline}. The sick leave accrual for a full-time
employee must be reduced by 4 hours whenever his/her time in a leave
earning, nonpay status, equals 80 hours or any multiple of 80 (160, 240,
etc.) during a leave year.

\(ii\) [Counting hours in nonpay status]{.underline}. The hours in
nonpay status shall be recorded on the T&A report. The total used to
date shall be carried forward each pay period, throughout the leave
year.

\(A\) [Break in service]{.underline}. If an employee has one or more
breaks in service during the leave year, his/her leave-earning hours in
nonpay status during each period of employment shall be added together.

\(B\) [Nonpay status when sick leave is not earned]{.underline}. Nonpay
status during periods when an employee is not earning sick leave shall
not be counted. Also, periods of advanced sick leave shall not be
counted as nonpay status when an

## 36

(8-7-85) PN 974

§2066.7 (a) (5) (ii) (B) (Con.) RD Instruction 2066-A

employee makes cash refund for the hours of sick leave advanced, even
though the advanced sick leave is converted to LWOP upon refund.

\(C\) [Nonpay hours at end of leave year]{.underline}. All hours of
nonpay status hours shall be dropped when preparing the first T&A report
for the new leave year.

\(6\) [Accumulation of sick leave]{.underline}. Sick leave which is not
used during a leave year in which it accrues is accumulated without
limitation.

\(7\) [Sick leave credited toward computation of annuity]{.underline}.
Unused sick leave to the credit of an employee as of the date of
retirement or death is credited toward the calculation of retirement and
survivor annuities. Days of unused sick leave are used only in counting
the number of years and months of service for annuity computation
purposes. They cannot be used in computing the employee\'s high-3
average salary or for the purpose of meeting the minimum length of
service required for retirement eligibility. Sick leave which is used in
the computation of an annuity for an employee may not later be used,
transferred, or recredited.

\(8\) [Transfer and recredit of sick leave]{.underline}. Sick leave is
transferable under the same conditions as annual leave. In addition, in
any case of reemployment effective on or after January 9, 1962, any sick
leave unused at the time the employee left may be recredited provided
the break in service is not more than three years. (FPM 990-2, Book 630,
Subchapter 55)

\(9\) [Special exception]{.underline}. Employees who are reemployed by
agencies after service with an international organization are entitled
to have their sick leave recredited even though they have been off the
rolls for more than three years.

\(b\) [Granting sick leave]{.underline}.

\(1\) [Purposes of sick leave]{.underline}. Sick leave shall be granted
to an eligible employee when the employee:

\(i\) Receives medical, dental, or optical treatment or examination.

\(ii\) Is unable to work because of sickness, injury, pregnancy, or
confinement.

\(iii\) Must care for an immediate family member who has a contagious
disease.

## 37

(8-7-85 ) PN 974

RD Instruction 2066-A

§2066.7 (b) (1) (Con.)

\(iv\) Is exposed to a contagious disease and his/her presence at work,
would jeopardize the health of co-workers.

\(2\) Such approval is final unless facts later become known, which, if
known at the time leave was granted, would have required refusal.

\(c\) [Request for sick leave]{.underline}. Employees should request
sick leave in advance when possible (such as for medical and dental
appointments, leave for maternity purposes, etc.). When advance notice
is not possible, an employee must notify his/her supervisor, as early as
possible on the first day of absence. Failure to give prompt notice may
result in denial of sick leave for the absence.

\(d\) [Requirements for granting sick leave]{.underline}.

\(1\) [General]{.underline}. The granting of sick leave is an
administrative responsibility of the supervisor. Before granting sick
leave, the supervisor shall determine that:

\(A\) Prompt notice of the need for sick leave was given by the
employee.

\(B\) The evidence submitted by the employee supports charging the
absence to sick leave.

\(2\) [Supporting evidence]{.underline}. Supervisors shall require
employees to file evidence in support of sick leave within the pay
period in which the employee returns to duty.

\(i\) [Personal Certificate]{.underline}.

\(A\) [Absences of 3 workdays or less]{.underline}. Generally, employees
shall support sick leave of 3 days or less by a personal certificate,
either by initialing the T&A Report, or by completing an SF-71. However,
when determined necessary, a supervisor may require a medical
certificate for the period of absence.

\(B\) [Absences in excess of 3 workdays]{.underline}. In special cases
when the employee did not consult a physician and the employee does not
have a record of sick leave abuse, the supervisor [may]{.underline}
accept a personal certificate on the reverse of SF-71, stating the
nature of the illness and the reasons the employee did not see a doctor.

## 38

(8-7-85) PN 974

§2066.7 (d) (2) (Con.) RD Instruction 2066-A

\(ii\) [Medical certificate]{.underline}. Employee shall submit a
medical certificate, or other administratively acceptable evidence,
(e.g., SF-71, personal letter) covering periods of absence:

\(A\) In excess of 3 workdays unless the approving official determining
a medical certificate is required for a lesser period.

\(B\) When there is reason to suspect abuse of sick leave which would
require additional evidence to support the employee\'s personal
statement of reasons for his/her absence. The employee shall first be
given advance notice that a medical certificate will be required for
each subsequent absence of sick leave of any duration. If the
employee\'s sick leave pattern continues, the employee will be advised
in writing that all future requests for sick leave must be supported by
an acceptable medical certification. \[The supervisor shall have the
discretion to accept the medical certification, or have it reviewed by
the Departmental Medical Officer if there is any doubt as to its
sufficiency. Requests for review of medical certification should be
submitted to the Director, Personnel Division. Employees may continue on
sick leave pending the review of their medical certificate.\]

\(C\) When an employee is required to care for a member of his/her
immediate family who has a contagious disease, or the employee is
exposed to a contagious disease and his/her presence at work would
jeopardize the health of co-workers. In such cases, sick leave may be
granted only for the period of quarantine established by the local
health authority or attending physician. The contagious disease
certificate must show what the disease was and the dates of the
contagious period.

\(D\) [For all requests for advance sick leave]{.underline}. The medical
certificate should state the nature of the serious ailment or disability
and should state the beginning and ending dates of the employee\'s
incapacitation. The supervisor shall have the discretion to accept the
medical certification, or to have it reviewed by the Departmental
Medical Officer if there is doubt as to its sufficiency. Request for
review of medical certification should be submitted to the Director,
Personnel Division. Employees may continue on advance sick leave pending
the review of their medical certificate. (Added 8-17-88, PN 93)

## 39

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.7 (Con.)

\(e\) [Granting sick leave without application]{.underline}. If an
employee dies before application for sick leave is made, accrued, or
advanced, than sick leave may be granted without application by the
supervisor. Such leave may be approved only for a period immediately
prior to death resulting from the illness or disability that caused the
employee\'s absence.

\(f\) [Granting sick leave to veterans for medical
treatment]{.underline}. Supervisors must grant disabled veterans such
sick leave as may be permitted by law in order that the veteran may
receive examination or medical treatment in connection with the
disability. If the veteran has no sick leave or annual leave, LWOP must
be granted. The grant is obligatory if the veteran:

\(1\) Presents an official statement from a properly licensed medical
practitioner or officer of a Government hospital that examination or
treatment is necessary, and

\(2\) Notifies the supervisor far enough in advance to permit the making
of arrangements for carrying on work, and

\(3\) States in the notice to the supervisor the days on which absence
is anticipated and the number of hours off that will be required.

\(g\) [Granting sick leave after notice separation by reduction in
force]{.underline}. An employee who has received a notice of separation
by reduction in force may be granted sick leave through the last day of
retention in active duty status. Sick leave cannot be granted after the
employee enters on furlough without pay or is separated.

\(h\) [Sick leave without employee\'s consent]{.underline}. When an
employee is unable to work because of mental or physical illness or
emotional disturbances, the supervisor may, with prior approval of the
Administrator, State Director, Director, Finance Office, or Personnel
Director, place the employee on sick leave without the employee\'s
consent. If it is found that the employee is physically or mentally
unfit for retention and disability retirement is being recommended, the
employee may be retained on involuntary annual or sick leave, or LWOP,
pending approval of the disability retirement.

## 40

## (Revision 1) 

§2066.7 (Con.) RD Instruction 2066-A

\(i\) [Advanced sick leave]{.underline}. Requests for advanced sick
leave should be made as early as practicable. The employee may not be
aware of the exhaustion of accumulated and accrued sick leave, or that a
decision must be made as to whether the continuing absence should be
charged to annual leave, LWOP, or advanced sick leave. When no request
on the part of the employee is received by the time accumulated and
accrued sick leave is exhausted, a notice will be sent to the employee
requesting that a decision be made with respect to the charging of the
continuing absence. The employee will be requested to make this decision
by no later than the end of the first complete pay period occurring
after the date the notice is received by the employee. Failure to comply
may result in the charging of the continuing absence to AWOL, until a
request and sufficient justification for a continued absence is
received.

\(1\) [Criteria for granting]{.underline}.

\(i\) [General]{.underline}. Sick leave not in excess of 30 days may be
advanced in cases of serious disability or ailment to any employee
(except those employees holding a limited appointment may be advanced
sick leave only in the amount which will be earned during the remaining
period of employment). Advanced sick leave may be for any number of days
or hours within the maximum of 30 days, and may be granted regardless of
whether

## 40A

## (Added 8-17-88, PN 93)

(8-7-85 ) PN 974

§2066.7 (i) (1) (i) (Con.) RD Instruction 2066-A

the employee has annual leave. The 30-day maximum is reached whenever an
employee\'s record shows indebtedness of 240 hours sick leave at the end
of any biweekly pay period.

\(ii\) [Guidelines for determining \"Serious Disability or
Ailment]{.underline}.\" Sick leave will be advanced to an employee only
if it represents all or a portion of a consecutive absence from duty
extending for more than 3 workdays. The application for the advance sick
leave must be supported by a physician\'s certificate. Exceptions may be
made in individual cases by advancing sick leave for shorter periods of
absence under the condition that the approving official have medical
certification that the advance sick leave is due to a continuing serious
medical disability or ailment which necessitates intermittent absences.

\(iii\) [Approval]{.underline}. Approving officials should consider the
seriousness of the employee\'s condition, the employee\'s ability to
repay the advance leave, and explore other leave-taking options prior to
approving an advance sick leave request. With proper medical
certification (reference RD Instruction 2066.7(d)(2)(ii)(l)), the
immediate supervisor may approve up to 40 hours of advance sick leave in
a leave year. Requests for advance sick leave in excess of 40 hours, but
not exceeding 240 hours, must be reviewed and approved by one of the
following officials. (Added 8-17-88. PN 93;

\(A\) [National Office]{.underline}. Division or Staff Director.

\(B\) [Field Office]{.underline}. State Director.

\(C\) [Finance Office]{.underline}. Assistant Administrator.

\(2\) [Restrictions on the granting of advance sick leave]{.underline}.
Advance sick leave should not be granted:

\(i\) To an employee who has exhausted all earned sick leave and the
employee is not seriously ill,

\(ii\) To an employee who is not ill but is required to take care of a
family member who is ill with a contagious disease,

## 41

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.7 (i) (2) (Con.)

\(iii\) It is known that an employee does not intend to return to duty
(e.g., has submitted a resignation, or has applied for disability
retirement),

\(iv\) After an employee has received a notice of separation or furlough
by reduction in force. If the employee has been granted advance sick
leave prior to receipt of such a notice, such leave must be immediately
stopped and no further grants may be made, or

\(v\) To an employee for the purpose of adopting children or time off to
make necessary family adjustments for adopting a child.

\(3\) Unliquidated balance of advanced sick leave. Unliquidated balance
of advanced sick leave remaining at the end of the leave year is carried
forward to the next leave year. A refund for an unliquidated advance
sick leave balance is required ac the time of an employee\'s separation
from Federal service except in cases of:

\(i\) Death,

\(ii\) Retirement for disability,

\(iii\) Resignation or separation because of disability which prevents
employee\'s return to duty or continuing in service and which is the
basis for the resignation or separation as determined by the Personnel
Division on medical evidence acceptable to it, or

\(iv\) Separation or furlough of an employee entering active military
service with restoration rights.

## 42

## (Revision 1) 

§2066.7 (i) (Con.) RD Instruction 2066-A

\(4\) [Procedure for making refund]{.underline}.

\(i\) An employee who wishes to make a cash refund for advance sick
leave must prepare and submit a memorandum to his/her supervisor stating
the following:

\(A\) Name and social security number,

\(B\) That a check is being submitted for the total amount of the
refund, or that the amount due should be deducted from one or more
regular salary checks, and

\(C\) If salary check deductions are requested, the amount of deduction
to be made from each salary check, the number and dates of the first pay
period in which deduction should be made, and the fact that the
deduction shall continue until the advanced sick leave is liquidated.

\(ii\) The supervisor shall forward the employee\'s memorandum through
appropriate channels to PED and furnish the following additional
information for each pay period involved:

\(A\) The pay period numbers involved and the total hours and inclusive
dates of advanced sick leave,

\(B\) The employee\'s hourly salary rate in effect at the time the
advanced sick leave was used,

\(C\) The total amount of pay received for advanced sick leave in each
pay period, and

\(D\) The management code to which the hours of advanced sick leave was
originally charged.

\(5\) [Liquidation of advanced sick leave by substitution of annual
leave]{.underline}.

\(i\) [Permitted]{.underline}. An employee may substitute annual leave
for advanced sick leave:

## 42A

## (Added 8-17-88, PN 93)

(8-7-85 ) PN 974

§2066.7 (i) (5) (i) (Con.) RD Instruction 2066-A

\(A\) Provided the substitution of annual leave is not made solely for
the purpose of avoiding forfeiture of annual leave, and

\(B\) His/her supervisor would have approved annual leave at the time
the advanced sick leave was granted.

\(ii\) [Procedure for making substitutions]{.underline}. Annual and sick
leave balances shall be adjusted on the T&A Report for the pay period in
which the substitution is approved.

EXAMPLE: An employee has a minus balance of 40 hours of advanced sick
leave and an annual leave balance of 80 hours. The adjustment on the T&A
would change the minimum 40 hours of sick leave to 0 and the 80 hours of
annual leave to 40 hours. Corrected T&A Reports are not required for the
pay periods in which advanced sick leave was used.

\(j\) [Charging sick leave]{.underline}.

\(1\) [General provisions]{.underline}. Employees are charged sick leave
for absence only on the days that constitute the basic workweek or the
regular tour of duty.

\(i\) [During period of annual leave]{.underline}. When sickness occurs
within a period of annual leave, the period of illness may be charged as
sick leave subject to supporting evidence when required.

\(ii\) [When period of illness cannot be covered by accumulated,
accrued, and/or properly advanced sick leave]{.underline}. Any portion
of a period otherwise chargeable to sick leave which cannot be covered
by accumulated, accrued, or properly advanced sick leave is charged to
annual leave or LWOP at the request of the employee.

\(iii\) [In periods of \"stand-by\" service]{.underline}. When a period
of \"stand-by\" service has been declared as a result of emergency
conditions such as floods or strikes, then sick leave, if otherwise
proper, will be charged only for absence on those days of the basic
workweek which employees would otherwise work.

\(iv\) [On holidays]{.underline}. There is no charge for sick leave on
holidays.

\(v\) [Hazardous weather dismissals]{.underline}. See §2066.12 (q).

## 43

(8-7-85) PN 974

RD Instruction 2066-A

§2066.7 (j) (Con.)

\(2\) [Minimum charge]{.underline}. The minimum charge for sick leave is
1 hour. Additional charges must be in multiple thereof, EXCEPT that sick
leave charges may be made in fractions of an hour in the following
instances:

\(i\) An employee having a regularly scheduled daily tour of duty
involving a fraction of an hour is absent on sick leave for all of the
regular workday. EXAMPLE: Daily tour of duty\--5 1/2 hours. Sick leave
charge for absence of 1 workday\-- 5 1/2 hours.

\(ii\) If a different minimum charge is established through
negotiations.

§2066.8 [Absence without pay]{.underline}.

\(a\) [Leave without pay (LWOP)]{.underline}.

\(1\) [General]{.underline}. LWOP is a temporary nonpay status and
approved absence from duty which may be granted to employees as
specified in this section. Leave without pay can be given when an
employee has annual or sick leave credit.

\(2\) [Request for LWOP]{.underline}. Employees must apply for LWOP in
advance and must be made in writing (either by memo or letter). LWOP
will not be taken until the request has been approved, except in cases
of emergency.

\(3\) [Granting LWOP]{.underline}.

\(i\) [For 30 calendar days or less]{.underline}. Officials who have
been delegated such authority (§2066.1 (c)) may grant LWOP not in excess
of 30 calendar days for any purpose.

\(ii\) [More than 30 calendar days (extended LWOP)]{.underline}. LWOP
for more than 30 calendar days is \"extended\" LWOP. Initial grants of
extended LWOP and extensions are limited to 1 year at a time. Processing
of Form AD-350A, \"Change Action Notice,\" is required to effect any
grant of extended LWOP.

\(iii\) [Guidelines for extended LWOP]{.underline}.

\(A\) The employee must be committed to return to duty after the period
of extended LWOP, except for disabled veterans requiring medical
treatment and employees who have applied for disability retirement or
disability compensation.

## 44 

§2066.8 (a) (3) (iii) (Con.) RD Instruction 2066-A

\(B\) The extended LWOP must benefit Rural Development and the employee.

\(C\) The request for extended LWOP must be submitted on SF-52,
\"Request for Personnel Action,\" covering an initial period or
extension of not more than 1 year at a time. The following documentation
is required:

([1]{.underline}) The employee\'s written request for the extended LWOP
with the supervisor\'s written approval, and

([2]{.underline}) If applicable, a statement that a doctor\'s
certificate has been obtained if illness or injury is the reason.

\(iv\) [Approval policy]{.underline}. Except for disabled veterans
needing medical treatment and reservists and National Guardsmen wishing
leave for military training, employees cannot demand extended LWOP as a
matter of right. The request may be denied if the employee\'s services
are required, or if the employee has not followed prescribed leave
procedures. The approval policy will be liberal on requests for extended
LWOP in the following cases:

\(A\) For employees who have applied for disability retirement or
disability compensation.

\(B\) For employees being paid disability compensation, unless it is
known that they are permanently disabled for performance of their
duties.

The SF-52 recommending extended LWOP must state under \"Remarks\" that
the extended LWOP is being granted because of a service-connected injury
or illness, and that the employee is in receipt of, or expects to be in
receipt of, injury compensation benefits.

\(C\) For employees having an illness or disability attested to by
medical or other evidence, unless such evidence indicates that the
employee will not return to duty. (This includes absences for maternity
purposes.)

\(D\) For employees to attend school if the course of study will result
in increased ability to perform work in Rural Development. If the
employee is a veteran attending school under the GI Bill of Rights, a
liberal policy will be applied even though the course of study is not
directly related to Rural Development activities.

## 45

(8-7-85) PN 974

RD Instruction 2066-A

§2066.8 (a) (3) (iv) (Con.)

\(E\) For employees to teach at colleges or universities, and therefore
acquire experience and skills of value to Rural Development.

\(F\) For assignments of employees who have highly specialized
qualifications for short terms (90 days or less) to public educational
organizations to engage in organizing programs or consultation work.

\(G\) For employees to work in a non-Federal, private, or public
enterprise (other than a public international organization) where the
work is temporary and where the requirements given below have been met:

([1]{.underline}) The activity in which the employee is to be engaged is
one of special interest and will result in increased job performance in
Rural Development.

([2]{.underline}) The performance of such work does not involve using
information secured as the result of employment in the Agency or
Department to the detriment of the public service.

([3]{.underline}) The acceptance of such employment does not bring
criticism on, or cause embarrassment to, the Department or Rural
Development.

([4]{.underline}) The employee is not accepting office in an
organization or permitting the use of his/her name in the advertising
matter of the organization which would commercialize the results of work
conducted by the Agency or Department, regardless of the merits of such
an enterprise.

\(H\) For career or career-conditional employees serving in competitive
conditions in Rural Development to permit them to serve as Peace Corps
volunteers or volunteer leaders for periods up to 30 months.

\(I\) For career-conditional employees requesting up to 90 days LWOP
when the employee must move to a new location to accompany:

([1]{.underline}) A spouse in the military.

([2]{.underline}) A Federal employee on a rotational assignment.

## 46 

§2066.8 (a) (3) (iv) (I) (Con.) RD Instruction 2066-A

([3]{.underline}) A Federal employee involved in a transfer of function
or relocation of activity.

NOTE: This period of extended LWOP is intended to make it possible for
the career-conditional employee to work out s transfer and avoid having
to begin a new career-conditional period.

\(J\) For employees to serve, on a temporary basis, as an officer or
representative o1f a union for Federal employees.

\(K\) For other reasons when it would not disrupt Rural Development
programs, it would be in Rural Development\'s interest to keep the
employee, and denial of leave causes undue hardship for the employee.

\(v\) [Substitution of annual leave for LWOP]{.underline}. Annual leave,
in the amount standing to an employee\'s credit when LWOP begins, may be
substituted for a period of LWOP when an administrative error or
misunderstanding resulted in an employee being charged LWOP when he/she
could have used annual leave instead.

\(vi\) [LWOP during periods of emergency standby service]{.underline}.
When emergency conditions at the worksite such as floods and strikes
cause a shutdown of operations, an employee who does not have annual
leave may be placed in a nonpay status only after authorization has been
obtained by the Director, PED from the USDA Director of Personnel.

\(4\) [Recording LWOP]{.underline}.

\(i\) LWOP for 30 calendar days or less is recorded on Form AD-321-3.

\(ii\) Extended LWOP (more than 30 calendar days) is not recorded on
Form AD-321-3. Extended LWOP is recorded by processing an AD-350,
\"Notification of Personnel Action\" (PED processes AD-350 by using
SF-52 mentioned in subparagraph (j)(iii)(C) of this paragraph.)

\(b\) [Absence without leave (AWOL)]{.underline}. Absence without leave
is a nonpay absence from duty which is not authorized or for which a
request for leave has been denied. A charge of AWOL is not in itself a
disciplinary action, but may become the basis for such action. If the
absence is later excused because of circumstances justifying approval of
leave, AWOL may be changed to annual or sick leave, or other appropriate
type

## 47

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.8 (b) (Con.)

of leave. (See Delegated Disciplinary Authority Instruction 2045-GG).
(Revised 4-9-86, PN 6.)

\(c\) [Charging nonpay status]{.underline}.

\(1\) [General]{.underline}. Any employee having a regularly scheduled
tour of duty (whether full-time or less than full-time) must be placed
in nonpay status to cover absences on the days that constitute the basic
workweek or the regular tour of duty whenever:

\(i\) An employee does not have annual or sick leave to cover such
absences.

\(ii\) Such absences are not properly chargeable to annual, sick, oz
official leave.

\(2\) [Minimum charge]{.underline}. One hour is the minimum charge for
nonpay status, and additional time will be charged in multiples of 1
hour. EXCEPTION: Charges may be made in fractions of an hour in the
following instances:

\(i\) Where an employee having a regularly scheduled daily tour of duty
involving a fraction of an hour is absent in a nonpay status for the
full workday.

EXAMPLE: Daily tour of duty\--5 1/2 hours. Nonpay status charged for
absence of 1 workday\--5 1/2 hours.

\(ii\) Where an employee assigned to a split shift is absent for an
entire part of the shift, such part involving a fraction of an hour.

EXAMPLE: Daily tour of duty\--first part of split shift, 3 1/2 hours;
second part of split shift, 4 1/2 hours. Nonpay status charged for
absence during entire first part of split shift\--3 1/2 hours; for
entire second part of split shift\--4 1/2 hours.

\(iii\) Where a minimum charge of less than 1 hour has been established
through negotiations.

\(3\) [Other charges]{.underline}.

\(i\) [On holidays]{.underline}. A charge for nonpay status is made for
a holiday occurring within a period of nonpay status. A charge

## 48

## (Revision 1) 

§2066.8 (c) (3) (i) (Con.) RD Instruction 2066-A

for nonpay status is not made for a holiday that immediately precedes
the nonpay status period. If an employee returns to duty at the
beginning of business the day following a holiday after having been in
nonpay status, no nonpay status charge is made for the holiday.

\(ii\) [For part of day]{.underline}. Where the effective time of nonpay
status commences after the beginning of a workday, the total period of
nonpay status would be the difference between the time in the workday,
exclusive of the lunch period, less the time in a duty status.

\(iii\) [When refund is made for unearned annual or sick
leave]{.underline}. Annual or sick leave originally charged must be
changed to LWOP for the same dates if refund is made.

\(iv\) [During emergency standby]{.underline}. When a period of standby
is declared as a result of emergencies due to floods, strikes, etc.,
employees are considered in active duty status and any absence will be
charged to nonpay leave when an employee does not have leave to his/her
credit.

\(d\) [Effect of nonpay status on annual and sick leave
accruals]{.underline}. See §2066.2 (f) of this Instruction for the
effect of nonpay status on annual leave accrual and §2066.7 (a)(5) of
this Instruction for the effect on sick leave accrual.

\(e\) [Furnishing SF-8, \"Notice to Federal Employee About Unemployment
Insurance]{.underline}.\" When an employee has been, or is expected to
be, in nonpay status for 7 consecutive days or more, the supervisor must
furnish the employee a completed SF-8. In lieu of the SF-8 the last copy
of the T&A may be used for this purpose.

§§2066.9 - 2066.11 \[Reserved\]

§2066.12 [Official leave]{.underline}.

\(a\) [General]{.underline}. Official leave is time off without loss of
pay or charge to annual or sick leave allowed by statute, Executive
Order, or administrative action. Official leave shall be granted
eligible Rural Development employees for the activities and within the
limitations specified in this section.

\(b\) [Court leave]{.underline}. \"Judicial Proceeding\" means any
action, suit, or other judicial proceeding, including any condemnation,
preliminary, informational, or other proceeding of a judicial nature,
but does not include an administrative proceeding.

## 49

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (b) (Con.)

\(1\) [Leave with pay for service as a juror or a witness]{.underline}.

\(i\) An employee (other than one without a regularly scheduled tour of
duty) is entitled to court leave when summoned in connection with any
judicial proceeding by a court or by an authority responsible for
conducting such proceedings, to serve as a juror or as a witness on
behalf of any party in connection with any judicial proceeding to which
the United States, the District of Columbia, or a State or local
government is a party, except as provided in paragraph (3) of this
section.

\(ii\) An employee granted court leave will have no reduction in pay or
accrued leave during the period of court service. Further, the court
service will not adversely impact on credit for Federal service or
performance standards or rating.

\(iii\) If an employee is a plaintiff in a proceeding to which the
United States, the District of Columbia, or a State or local government
is a party,

\(A\) Time spent giving a deposition (with or without a summons) or in
testifying as a witness is considered as court leave.

\(B\) Time spent as a plaintiff testifying in his or her own behalf is
not considered court leave. Annual leave or LWOP is appropriate for such
periods.

\(2\) [Official duty status of employee in certain cases]{.underline}.
An employee is PERFORMING OFFICIAL DUTY during any period when:

\(i\) Testifying or producing official records on behalf of the United
States or the District of Columbia.

\(ii\) Testifying in an official capacity or producing official records
on behalf of a party other than the United States or the District of
Columbia.

\(iii\) The kinds of judicial proceedings and the proper designation of
leave or duty status applicable to an employee\'s absence for witness or
jury service are shown in Exhibit D.

\(3\) [Time covered by jury or witness service]{.underline}. The
\"term\" or \"period\" of jury or witness service begins with the date
stated in the summons as the date on which the employee is required to
report and ends on

## 50 

§2066.12 (b) (3) (Con.) RD Instruction 2066-A

the date employee is discharged as shown on the certificate of the court
or other authority, both dates inclusive. Except for an employee
regularly assigned to nightwork, such term or period does not include
time during which employee is excused from jury or witness duty for one
working day or even a substantial portion thereof. In such cases, an
employee is expected to return to duty in Rural Development unless such
return would be a hardship because of the distance of the court from the
employee\'s residence or place of duty. If no hardship would result and
the employee does not return to duty when excused from jury or witness
service, annual leave will be charged for the working day or substantial
portion thereof. Employees are expected to contact their supervisors in
such situations to determine whether or not they should report for duty.
Employees regularly assigned to nightwork will be placed on jury or
witness leave for the entire \"term\" or \"period.\"

\(4\) [Employee\'s acceptance of duty]{.underline}. An employee summoned
for jury service in any court should appear in accordance with terms of
the summons. If the jury service will interfere with the official
activities of the work program, the Departmental General Counsel will
request the court to excuse the employee. The employee\'s absence must
represent a substantial hardship to the Agency for there to be a request
for the employee\'s removal from jury duty. Advice and assistance of the
Departmental General Counsel or State Regional Attorney may be sought
for this purpose through the appropriate personnel office.

\(5\) [Employee\'s furlough or separation date not to be extended for
jury or witness service]{.underline}. The pay status of any employee
whose date of furlough or separation has been fixed by notice will not
be extended beyond such date for the purpose of granting leave of
absence with pay for jury or witness service. Employees on annual leave
under advance notice of separation due to a reduction in force may
substitute court leave but not beyond the date fixed by the notice.

\(6\) [Employees without a regular tour of duty (Intermittent)
employees]{.underline}. Employees who do not have a regularly scheduled
tour of duty are not entitled to court leave for jury or witness
service.

\(7\) [Preliminary screening interview]{.underline}. Court leave may be
granted to an employee who is summoned, under penalty of a fine for
failure to appear, for a preliminary screening interview to ascertain
potential eligibility for later service as a juror.

\(8\) [Fees and travel expenses for jury or witness
service]{.underline}.

\(i\) [Retaining fees]{.underline}. When an employee is on court leave,
there is no entitlement to any fee for jury or witness service except as
shown in Exhibit D and as follows:

## 51

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (b) (8) (i) (Con.)

\(A\) If an employee is on annual leave or leave without pay because of
testifying in a nonofficial capacity on behalf of a private party, the
entire witness fee may be retained.

\(B\) lf the jury or witness fee is more than the employee\'s pay from
Rural Development for the period of jury or witness service, the excess
may be retained.

\(C\) If an employee renders jury or witness service on a holiday or
other non workday, the jury or witness fee may be retained.

\(D\) If an employee performs jury or witness service outside their
normal duty hours, they may retain a prorata portion of the fee for such
service.

([1]{.underline}) Divide total daily jury fee by 8. Multiply the
remainder by the number of hours of jury or witness service performed
beyond the end or prior to the beginning of the employee\'s normal
workday. Thirty minutes or more to be treated as a whole hour; periods
of less than 1/2 hour to be disregarded.

([2]{.underline}) Pro-rating is not required when beginning of jury or
witness service coincides with end of normal workday, or when jury or
witness service coincides with beginning of normal workday. Necessary
travel time to be treated as court leave.

\(ii\) [Retaining travel expenses]{.underline}.

\(A\) An employee authorized to make a court appearance while on
official duty will be granted travel expenses consistent with Agency
travel regulations.

\(B\) An employee not eligible to receive Agency reimbursement for
travel expenses may retain travel expenses provided by either the court
or the summoning party.

([1]{.underline}) If only a portion of such amount is for travel
expenses, as indicated on the jury certificate given the employee by the
court, that portion may be retained by the employee, and the remainder
must be disposed of as indicated in RD Instruction 2051-C.

## 52 

§2066.12 (b) (8) (ii) (B) (Con.) RD Instruction 2066-A

([2]{.underline}) When the entire amount is for remittance to Rural
Development (i.e., when the jury certificate does not specify that a
portion of the amount is for travel expenses, OR where the entire amount
has not been determined by the State or local jurisdiction to be for
travel expenses). The check or bank draft received from the court must
be endorsed by the employee to Rural Development.

\(iii\) Disposition of jury or witness fees. See RD Instruction 221.1,
paragraph III, item 11, part 5.

\(c\) [Leave for voting and registration]{.underline}. Employees in pay
status may be granted official leave to register or to vote in an
election or referendum on a civic matter. Voting leave must be requested
in advance either orally or in writing.

\(1\) [Leave to register]{.underline}. Voting leave may be granted to
register only if registration cannot be accomplished on a nonworkday or
by mail. If the distance traveled to register on a nonworkday exceeds 1
day round-trip travel time, the employee may be excused for a maximum of
1 additional day.

\(2\) [Leave to vote]{.underline}.

\(i\) [Amount of time allowable]{.underline}. Employees may be excused
to permit them to report for work 3 hours after the polls open, or to
leave work 3 hours before the polls close, whichever results in the
lesser amount of time absent from duty. The amount of voting leave to be
granted will vary, depending on the employee\'s voting location as well
as the official duty hours where the individual is employed. For
employees on flexitour schedules, voting leave should be determined by
the flexitour record schedule.

\(A\) In unusual circumstances, an employee who needs more time may be
excused for a longer period, not to exceed 1 full day.

\(B\) If an employee must travel to reach a distant voting place because
absentee voting is not permitted, the supervisor may grant up to 1 day
of official leave, and should be liberal in granting additional time
off, as required, chargeable to annual leave or leave without pay.

\(ii\) [Washington, DC, metropolitan area employees]{.underline}. The
hours during which polls are open in political subdivisions in the
Washington, D.C., metropolitan area are:

## 53

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (c) (2) (ii) (Con.)

District of Columbia 7 a.m. to 8 p.m.

Maryland 7 a.m. to 8 p.m.

Virginia 6 a.m. to 7 p.m.

\(iii\) [Employees outside the Washington, D.C. metropolitan
area]{.underline}. Each Rural Development State Office and the Finance
Office will assemble the necessary information about hours during which
polls are open in all political subdivisions in which their employees
reside. On the basis of such data, State Directors and the Director, FO
will determine the amount of voting leave to be allowed (according to
the provisions of this section) and notify their employees of the
decision and the local procedures to be followed. Employees must request
voting leave in advance. Where voting hours have not been previously
ascertained by the field office employees will obtain this information
and include it in their request for voting leave.

\(d\) [Funeral leave]{.underline}.

\(1\) [Active participation in funeral or ceremony for deceased member
of the armed forces]{.underline}. An employee shall be granted official
leave, not to exceed 4 hours in any 1 day, to participate as an active
pallbearer or as a member of a firing squad or honor guard in a funeral
ceremony for a member of the Armed Forces returned to the United States
for interment, provided the employee either:

\(i\) Is a veteran of any war.

\(ii\) Participated in a campaign or expedition for which a campaign
badge has been authorized.

\(iii\) Is a member of an honor guard or ceremonial group of a
veteran\'s organization.

\(2\) [Funeral or memorial services for certain members of the Armed
Services]{.underline}. An employee is entitled to not more than 3 days
absence without charge to leave or loss of pay to make arrangements for,
or to attend, funeral or memorial services for certain members of the
Armed Forces provided the following conditions are present:

\(i\) The employee must be an immediate relative of the deceased member
of the Armed Forces. For this purpose, an immediate relative includes
decedent\'s:

\(A\) Spouse and spouse\'s parents.

## 54 

§2066.12 (d) (2) (i) (Con.) RD Instruction 2066-A

\(B\) Children, including adopted children, and their spouses.

\(C\) Parents.

\(D\) Brothers and sisters and their spouses.

\(E\) Any blood relative whose close association with the decedent was
such as to have been the equivalent of a family relationship.

\(ii\) The decedent must have died as a result of a wound, disease, or
injury received while serving the Armed Services in a combat zone.

\(e\) [Leave for blood donation]{.underline}. Supervisors are authorized
to approve a maximum of 4 hours rest and recuperation leave for
employees who make free blood donations. The excused period shall be
exclusive of the time required for actual blood donation. If the
circumstance warrants, supervisors may require medical evidence of blood
donations. Employees who receive pay for donating blood and who wish to
take time off from duty shall be charged annual leave or LWOP.

\(f\) [Leave for examinations]{.underline}.

\(1\) [Job qualification examination]{.underline}. Employees shall be
given official leave to take job qualification examinations or to obtain
professional licenses if the examination:

\(i\) Is required for the position the employee currently occupies.

\(ii\) Is for a position to which the Agency or Department has
recommended the employee be transferred, promoted, or reassigned.

\(iii\) Is required for a professional license or certification (CPA
certification, engineer\'s license, etc.) which is considered
advantageous to Rural Development.

\(2\) [Physical examination]{.underline}. Employees shall be given
official leave to have physical examinations as follows:

\(i\) Official leave may be granted if:

\(A\) Rural Development requires an employee to undergo a physical
examination on or after the effective date of the employee\'s
appointment.

## 55

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (f) (2) (i) (Con.)

\(B\) The employee\'s appointment is subject to a satisfactory physical
examination.

üD

\(iii\) An employee shall be granted official leave for initial
tuberculosis contact X-rays. Subsequent absences for this purpose,
however, require the charging of sick or other leave.

\(iv\) An employee shall be granted official leave for special
examinations such as X-rays, when requested or approved by the State
Director or PED for an employee who:

\(A\) Works with harmful, toxic, or otherwise dangerous materials or in
a hazardous work environment.

\(B\) Is subjected to contagious diseases through his/her employment.

\(v\) An employee shall be granted official leave for examinations to
determine fitness for duty including physical, psychiatric, or other
type of examinations when required by Rural Development.

\(vi\) An employee shall be granted official leave for specific health
services offered on a mass or community basis. A maximum of 1 hour of
official leave may be granted for tests for tuberculosis and glaucoma,
preventive inoculations, etc., provided that:

\(A\) The request for official leave is approved by the supervisor in
advance (orally or in writing).

\(B\) The employee\'s absence will not interfere with work continuity.

\(vii\) [Examination for military duty]{.underline}.

\(A\) An employee who is required to take a physical examination in
connection with induction or enlistment or disability retirement from
the Armed Forces shall be given official leave for the time required for
the examination.

\(B\) Members of the Reserves recalled to active duty are placed in pay
status with the military service concerned for the time required for the
physical examination and shall not be granted official leave for that
purpose.

## 56 

§2066.12 (f) (2) (vii) (B) (Con.) RD Instruction 2066-A

When a member of the Reserves must report for a physical examination in
connection with a Reserve promotion, he/she must take annual leave for
the day or days required for the examination unless the military service
has placed him/her on active duty for the time involved.

\(g\) [Leave for job-related traumatic injury]{.underline}. Official
leave shall be granted for initial examination or treatment of and
recuperation from job-related traumatic injuries, as follows:

\(1\) An employee shall be given time off with pay as needed for initial
or immediate examination, treatment, and recuperation required for a
job-related traumatic injury on the day the injury occurs.

\(2\) An employee who sustains a traumatic injury is entitled to
continuation of pay (COP) for a period not to exceed 45 calendar days.

\(h\) [Leave of time spent in health units]{.underline}.

\(1\) An employee who is injured or becomes ill while on duty and who is
treated in a Government health unit or first aid room may remain there
for up to 1 hour with no charge to leave.

\(2\) If an employee is required by doctor\'s orders to rest a certain
amount of time each day, the time spent resting shall be charged to sick
leave.

\(3\) Where required, all employees shall be instructed to \"sign in\"
upon entering the health unit or first aid room and \"sign out\" upon
leaving. Duplicate copies of time slips will be sent only when visits
involve a period of rest or injury incurred in the line of duty.
Appropriate officials may verify visits by telephone.

\(i\) [Leave for Selective Service registration]{.underline}. An
employee subject to Selective Service registration shall be excused from
duty without charge to leave or loss of pay for a reasonable amount of
time in order to comply with registration requirements. The actual
amount of time needed may vary, depending on factors such as hours of
operation and location of the particular post office, and the
employee\'s hours of duty.

\(j\) [Leave for first-aid training]{.underline}. An employee who has
been officially designated by his/her supervisor to take first-aid
training shall be given official leave to attend such training.

## 57

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (Con.)

\(k\) [Leave with pay for civil defense activities]{.underline}. In
cooperating with State and local civil defense officials in preemergency
training programs and test exercises, employees who are assigned to such
activities may be granted official time not in excess of 40 working
hours in a calendar year for these purposes.

\(l\) [Leave for participation in emergency rescue or protective
work]{.underline}. Employees may be excused for tardiness or for
absences from work to help in emergency rescue or emergency protective
work during official working hours. Emergency situations include, but
are not limited to, extreme weather conditions, civil disturbances, and
disasters such as fire, flood, or other natural phenomena. Supervisors
are responsible for granting such official leave and for determining
that the leave is for an emergency and in the interest of the public
welfare.

\(m\) [Leave in connection with official travel]{.underline}. An
employee may be excused for a maximum of 2 hours official leave before
or after a period of travel, if the time of departure from or arrival at
his/her duty station is such that it is administratively determined that
official leave is necessary.

EXAMPLE: An employee whose office closes at 4:45 p.m. arrives at the
airport at 4:00 p.m. Estimated travel time to his office is 30 minutes.
Therefore, the employee could not arrive at his/her office in sufficient
time to justify the trip. In this situation, his/her supervisor may
grant the employee 1 hour of official leave, and the employee would not
report for duty until the following workday.

\(n\) [Leave charge during reconstructed travel]{.underline}. Employees
who depart early or later for official travel, entitlements shall be
determined on a constructive basis as if the travel had been performed
at the proper time and by the mode authorized.

EXAMPLE: Employee authorized to travel on Monday but traveled on Sunday
instead, the travel should be constructed as if it were performed on
Monday, and the employee should not be charged leave for any time that
constructively would have been spent in travel status (CG-B-180021, CG
B181363)

\(o\) [Leave when making a change of official station]{.underline}.
Employees who are making a change of official station in the interest of
the Federal Government may be granted sufficient time off without charge
to leave or loss of pay, not to exceed 80 hours in a pay status, to
enable them to make necessary premoving and postponing arrangements.
Maximum of 80 hours off INCLUDES the period of the round trip

## 58

## (Revision 1) 

§2066.12 (o) (Con.) RD Instruction 2066-A

(not in excess of 10 calendar days) between the old and new official
station to seek permanent quarters. The granting of 80 hours applies
only to movement to or within the Department and in the interests of
Department needs and programs. It is not affected by whether any such
leave is granted by another Government agency from which the employee is
transferring. Single employees as well as heads of families are entitled
to these benefits. (Revised 5-14-86, PN 10.)

NOTE: On-the-road travel time involved in final one-way move and packing
is not chargeable against 80 hours limitation.

Official leave as covered in this paragraph must be indicated on T&A
Reports.

\(p\) [Leave for local, State, territorial, and foreign
holidays]{.underline}. A field employee may be absent from duty without
charge whenever the State or field office is closed and work cannot be
properly performed because of a local, State, territorial, or foreign
holiday. State Directors and field office supervisors (County
Supervisors, District Directors) shall:

\(1\) Determine when Federal work may not be properly performed on
holidays (other than national holidays of foreign countries) or when
employees are actually prevented from working because:

\(i\) Buildings or offices in which employees work are closed, or
building services essential to proper performance of work are not
available.

\(ii\) Local transportation services are discontinued or interrupted and
employees are prevented from reporting to their work location.

\(iii\) Duties of the employees involved consist largely or entirely of
dealing directly with employees and officials of business or industrial
establishments or local government offices which are closed in
observance of the holiday, and there are no other duties consistent with
their normal duties to which the employees can be assigned.

\(2\) Strictly apply the above standards to hold to a minimum office
closings for local, State, territorial, or foreign holidays.

\(3\) Notify the State Director whenever a field office must be closed
for such a holiday.

\(q\) [Dismissals Resulting from Emergency Situations]{.underline}:

\(1\) If an emergency situation arises (such as a natural disaster, a
fire, or a disruption by an individual or a group), the supervisor

## 59

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (r) (Con.)

must immediately determine whether or not employee safety is endangered.
If a determination is made that the emergency situation is hazardous to
employee safety, then employees may be excused from duty.

\(i\) Official leave with pay must be granted to the employees who are
dismissed.

\(ii\) Employees who have previously scheduled leave, for any amount of
time during the period in which official leave with pay is granted,
should be charged for that scheduled leave.

\(iii\) The supervisor must contact the employees to inform them when
the hazardous situation has passed and it is safe for them to return to
work. The employees must make themselves available to be contacted.

\(2\) If possible, supervisors should obtain prior approval from the
State Director before excusing employees from duty. If the County
Supervisor or the District Director is unable to make contact with the
State Director and the emergency situation might endanger employee
safety, the supervisor should excuse the employees and, as soon as
practical, notify the State Director by telephone and submit a written
report to the State Director documenting the reasons for the action
taken.

\(3\) The employees being dismissed should understand that they will
perform their responsibilities under the office Emergency Action Plan
(according to the Emergency Action Plan Manual) prior to their
departure. However, if immediate departure is necessary, the action plan
should be carried out by the person(s) responsible, once a safe location
has been reached.

\(r\) [Leave for hazardous weather or other emergencies which disrupt
travel]{.underline}. \"Hazardous weather conditions\" and \"emergencies
which disrupt travel\" are conditions which are unusually severe and
disruptive to normal travel or transportation of employees between their
homes and their duty stations (hurricanes, cyclones, floods, blizzards,
severe snow or icing on roads, large-scale civil disturbances such as
riots or strikes, etc.). (Refer to FPM Supplement 990-2, Book 610,
Appendix A)

\(1\) [Dismissal policy]{.underline}. Rural Development will excuse
employees from duty during hazardous weather or other emergencies which
disrupt travel, unless the employees are engaged in work which cannot be
suspended or interrupted, and are designated as essential.

## 60

## (Revision 1) 

§2066.12 (r) (1) (Con.) RD Instruction 2066-A

\(i\) [Washington D.C. metropolitan area]{.underline}. When emergency
conditions occur, Rural Development will act in accordance with the
decision of the USDA Office of Personnel, which is based on a finding by
the District of Columbia Government and OPM that conditions are, or will
be, of such extreme severity that dismissal of Government employees is
necessary to reduce the probability of extremely serious and hazardous
traffic congestion and driving conditions. Such decision cannot be made
independently either by Rural Development or by the USDA Office of
Personnel.

\(ii\) [Field office locations]{.underline}.

\(A\) State Directors for the State and District Offices, County
Supervisors (after checking with the State Director) for the County
Offices, and the Assistant Administrator of the Finance Office, for the
Finance Office, may determine when Rural Development employees may be
excused from duty because of emergency conditions. Supervisory employees
designated shall base their decision to excuse employees from duty on
one of the following actions, in the order given: (Revised 8-17-88, PN
93)

([1]{.underline}) Declaration by a Federal Executive Board that an
emergency exists for which Federal employees should be excused from
duty, in those geographic locations where Federal agencies have agreed
to be governed by coordinated Federal Executive Board decisions on
excusing employees.

([2]{.underline}) Official public announcement by State, local, or
Federal authorities that driving and travel should be avoided because of
an emergency condition.

([3]{.underline}) Advice received from the PED if the decision cannot be
made under subparagraph (1) or (2) of this paragraph.

## 61

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (r) (1) (ii) (Con.)

\(B\) When a State or local authority publicly declares that weather
conditions in an employee\'s residence area are extremely hazardous and
that driving should be limited to that which is absolutely necessary,
the employee may be excused on official leave. This policy applies only
to employees stationed outside the Washington, D.C. metropolitan area,
who are not on scheduled or sick leave, and whose residence area is
affected by hazardous weather conditions, although the worksite may not
be affected.

\(2\) [Policy on excusing tardiness]{.underline}. When unusually severe
weather or traffic conditions exist, supervisors may excuse tardiness
not in excess of 2 hours when they consider the tardiness not reasonably
avoidable. Longer periods may be excused only in cases which are
personally reviewed and authorized by the employee\'s supervisor or a
designated higher level management official. Factors such as efforts
made by the employee to get to work, distance between the employee\'s
residence and place of work, mode of transportation used, and success
other employees similarly situated had in reporting to work, must be
considered before the employee\'s tardiness is excused.

\(3\) [Notifying employees of early dismissals]{.underline}.

\(i\) [Washington, D.C. metropolitan area]{.underline}. Rural
Development will dismiss employees in accordance with the Residential
Zone Dismissal Plan for Washington, D.C., Area Federal Employees
(Exhibit E) which dismisses employees according to [where they live, not
where (or for whom) they work]{.underline}. The PED, upon receipt of
dismissal notice from the Department, will notify appropriate officials,
who in turn will notify those employees who can be spared from their
duties. (Revised 8-17-88, PN 93)

\(ii\) [Field office locations]{.underline}. After making the
determinations regarding dismissal, field office supervisors shall
notify employees within their jurisdiction of the early dismissal.
Documentation must be submitted to the State Director

## 62

## (Revision 1) 

§2066.12 (r) (3) (Con.) RD Instruction 2066-A

explaining the reasons for early dismissal and the time the decision was
made. The State Director must provide documentation when State or
District Office employees are excused.

\(4\) [Notifying employees of closings before regular opening
hours]{.underline}.

\(i\) [Washington, D.C. metropolitan area]{.underline}. OPM will provide
an announcement to the media (reference section 10 of Exhibit E) when an
emergency develops before the workday begins. (Revised 8-17-88, PN 93)

\(ii\) [Field Office locations]{.underline}. When a designated field
office supervisor decides during nonwork hours to excuse employees from
duty, he/she shall arrange for announcement of this fact on local radio
stations and/or other communications media available if the action has
not already been taken by other Federal authority. If a public
announcement is not possible, the field office supervisor may determine
retroactively that employees who could not report for duty because of
the emergency shall be granted official leave for their absences.
Documentation must be provided explaining in detail the conditions and
reasons for excusing the employees.

\(5\) [Reporting employee\'s status during periods of excused
absence]{.underline}. (Renumbered 8-17-88, PN 93)

\(i\) Scheduled leave means annual or sick leave planned in advance of
the day on which it was taken. Final decision as to whether or not an
employee was on scheduled annual or sick leave is the responsibility of
the supervisor. Exception: an employee on annual or sick leave on both
the workday preceding and the workday following the day on which
employees are generally dismissed, will be considered as being on
scheduled annual or sick leave on the day employees were generally
dismissed.

\(ii\) Employees who leave work before dismissal are charged annual
leave or LWOP from the time of departure to the time of dismissal.

## 63

## (Revision 2)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.12 (r) (5) (Con.)

\(iii\) Employees on annual leave who are scheduled to return to duty
before the end of the workday will not be charged annual leave after the
time of dismissal.

\(iv\) When employees are excused from duty during periods of hazardous
weather or other emergencies which disrupt travel, their absence shall
be reported on the T&A.

\(s\) [Leave due to hot or cold weather conditions]{.underline}.

\(1\) [Policy]{.underline}. Dismissals due to unusual employment or work
conditions created by a temporary disruption of air cooling or heating
systems should be rare. Employees are expected to work if conditions at
the place of work are reasonably adequate, although these conditions may
not be normal and may involve minor discomforts. Before administrative
leave may be granted, it must be clearly established that the conditions
are such as to actually prevent working.

\(2\) [Authority]{.underline}. The Director, PED, has the delegated
authority to excuse employees for up to 1 workday when work operations
are interrupted by severe hot or cold work conditions and correction of
the situation is not anticipated within 4 hours of the end of the
workday. Requests for release under such conditions should be referred
through regular administrative channels to the Director, PED. Any
closing beyond 1 workday requires the approval of the Director, Office
of Personnel, USDA. The Deputy Director, Office of Operations, USDA,
must be notified prior to release of any Washington, D.C., metropolitan
area employees.

\(t\) [Leave for attendance at meetings or functions of employee groups
or employee organizations]{.underline}. (Revised 8-17-88, PN 93)

\(1\) Supervisors may grant reasonable amounts of official leave for
employees to attend meetings of professional associations, as described
in Chapter 252 of the FPM and DPM.

## 64

## (Revision 2) 

§2066.12 (t) (Con.) RD Instruction 2066-A

\(2\) Employees are not entitled to official time or administrative
leave to participate in meetings or functions of employee groups or
employee organizations not meeting the criteria set forth in Chapter 252
of the FPM. Employees attending meetings or functions held during the
duty hours must make arrangements for approved annual leave or leave
without pay with their supervisors.

\(3\) Employees attending official conferences or meetings initiated by
Rural Development, i.e., National or State Office meetings, EEO Advisory
Committees, or any other officially sanctioned advisory committee, will
be in official duty status.

\(u\) [Leave for representatives of employee unions]{.underline}.
(Revised 8-17-88, PN 93)

\(1\) [Union activity]{.underline}. An employee may not:

\(i\) Conduct internal union business on Government time. Union business
includes but is not limited to:

## 64A

## (Added 8-17-88, PN 93)

(8-7-85 ) PN 974

(2066.12 (u) (1) (i) (Con.) RD Instruction 2066-A

\(A\) Organizing campaigns, soliciting members, or collecting dues.

\(B\) Preparing dues withholding or cancellation forms.

\(C\) Circulating petitions or union literature.

\(D\) Participating in internal meetings or mass rallies.

\(ii\) Campaign on Government time for an elected union office, either
on his/her behalf or on behalf of another person. Supervisors shall
maintain a liberal policy toward granting annual leave, or leave without
pay if requested, to union representatives for conducting internal union
business.

\(2\) [Training sessions]{.underline}.

\(i\) An employee who is an official or representative of a recognized
employee organization may be granted official leave to attend a training
session sponsored by the employee organization, if the following
requirements are met:

\(A\) The training is of mutual concern to the Government and to the
employee in his/her capacity as a representative of the employee
organization.

\(B\) The Government\'s interest will be served by the employee\'s
attendance.

\(C\) The training is allowed under the provisions of the negotiated
labor-management agreement.

\(ii\) Official leave for training must be approved in advance by the
employee\'s supervisor, and can be approved only for short periods of
time (e.g., 3-5 days) that are reasonable under the circumstances. The
employee must submit a written request to his/her supervisor for such
leave, giving the purpose for the leave and the content of the program
or meeting.

\(iii\) If an employee desires to attend a union-sponsored training
session which does not meet the requirements of this paragraph, the
supervisor shall, if possible, grant annual leave or leave without pay
to the employee upon request.

§2066.13 [Military leave]{.underline}.

\(a\) [General]{.underline}. Military leave means leave with pay granted
to employees, except as indicated below, who are members of the National
Guard or the various Reserve components of the Armed Forces. Military
leave does

## 65

(8-7-85) PN 974

RD Instruction 2066-A

§2066.13 (a) (Con.)

not mean the indefinite period of furlough without pay granted to
employees for indefinite military active service.

\(1\) There are two kinds of military leave:

\(i\) Military leave for training and duty under 5 U.S.C. 6323(a), and

\(ii\) Military leave for active service in aid of law enforcement under
5 U.S.C. 6326(c) which includes National Guard duty in disasters such as
floods, earthquakes, and hurricanes.

\(2\) Military leave may not be approved for:

\(i\) Summer training as a member of the Reserve Officers Training
Corps.

\(ii\) Temporary Coast Guard Reserve.

\(iii\) Participation in parades by State National Guards. (Exception,
by specific statute, the National Guard are entitled to military leave
for participation in parades),

\(iv\) Training with a State Guard or other State military unit which is
not part of the National Guard.

\(v\) Civilian Air Patrol activities.

\(b\) [Policy on granting]{.underline}.

\(1\) [Employees]{.underline}. If entitled to military leave and if
ordered to report for military training or duty, employees must be
released from their civilian positions. When employees receive inquiries
regarding their availability for military leave, they should consult
with their supervisors in order that steps can be taken to prevent
disruptions of work. Application for military leave must be supported by
a copy of the order directing the employee to report.

\(2\) An employee who is a reservist or National Guardman and is not
entitled to military leave, shall be granted annual leave or leave
without pay, as requested, except when the order is for an initial
period of active duty for training of more than 3 consecutive months.

\(3\) [Supervisors]{.underline}. Shall grant annual leave or leave
without pay for military training or duty after the maximum amount of
military leave with pay has been used.

\(4\) [Supporting evidence]{.underline}. Application for military leave
must be supported by a copy of the employee\'s orders directing him/her
to report for active duty or training.

## 66 

§2066.13 (b) (Con.) RD Instruction 2066-A

\(5\) [Pay status]{.underline}. Pay status either immediately before or
immediately after military duty is required for granting military leave.
Otherwise, civilian pay would be lost. The primary test for entitlement
to leave is: Would the employee, except for the military duty, have been
in a civilian pay status?

\(c\) [Eligibility]{.underline}.

\(1\) Both full-time and part-time (16-32 hours per week) career
employees with permanent, TAPER, term appointments, or temporary
appointments not limited to one year or less, are entitled to military
leave. The term \"permanent\" includes probational and indefinite
employees in both competitive and excepted service on call and seasonal
employees hired under career or career conditional appointments, or
their equivalent in the excepted service.

\(2\) Employees on permanent part-time career appointments (as defined
in section 3401(2) of the U.S. Code) are eligible for military leave on
a pro-rated basis that corresponds to the official weekly tour of duty.
The amount of military leave for eligible permanent part-time employees
is determined by dividing 40 into the employee\'s regular weekly tour of
duty and multiplying by 15 days.

EXAMPLE: An employee\'s weekly tour of duty is 32 hours a week, 8 hours
a day Monday-Thursday. The amount eligible would be determined as
follows:

32 = .8 X 15 = 12 days

40

\(3\) Permanent part-time employees whose tours of duty are below 16
hours or greater than 32 hours a week, temporary employees appointed for
1 year or less, and employees who are intermittent are not entitled to
military leave. Authorizing officials may, for purposes of military
training or duty, grant:

\(i\) Leave without Pay not in excess of 30 calendar days and/or annual
leave to temporary employees, and

\(ii\) Leave without pay not in excess of 30 calendar days to
intermittent employees.

\(4\) The employee must be a reservist or a member of the National
Guard. The reserve components of the Armed Forces include the reserves
of the Army, Navy, Air Force, Coast Guard, Marine Corps, the Ready
Reserves, and the National Guards of the Army and the Air Force.

## 67

(8-7-85) PN 974

RD Instruction 2066-A

§2066.13 (c) (Con.)

\(5\) If the on-call or seasonal employee who is otherwise entitled to
military leave, is in a nonpay status and is recalled to Federal
civilian employment according to the Agency\'s established recall
procedures during a period when he or she is on active military duty,
such employee is entitled to military leave for that portion of the
period of active military duty during which he or she would have been in
a pay status. Likewise, if the on-call or seasonal employee is in pay
status when called to active military duty, entitlement to military
leave would cease at such time as the employee would normally be placed
in a nonpay status under the Agency\'s established release plan. Of
course, if an on-call or seasonal employee, otherwise eligible for
military leave, is called to active duty during a period of nonpay
status, he or she is not entitled to such leave.

\(d\) [Types of military leave]{.underline}.

\(1\) [Military leave for training and duty under 5 U.S.C.
6323(a)]{.underline}.

\(i\) [Maximum amount of leave]{.underline}. Effective October 1, 1980,
military leave is accrued at the rate of 15 days per fiscal year and is
allowed to accumulate for use in the succeeding fiscal year until it
totals 15 days at the beginning of a fiscal year. (NOTE: A full-time
eligible employee could take up to 30 days in a fiscal year (15 days
regular and 15 days carryover). If period of military training or duty
extends:

\(A\) Beyond 15 calendar days plus any accumulated military leave in a
fiscal year, the employee may be placed on leave without pay not to
exceed 30 calendar days or on annual leave.

\(B\) More than 30 calendar days after expiration of the employee\'s
military leave, an SF-52 should be sent to the PED or to the appropriate
Administrative Officer to place the employee on military furlough.

\(ii\) [Computation of 15-Day Period]{.underline}. Each calendar day of
absence is counted as a day of military leave, including nonworkdays
which fall within a period of absence for military training duty.
However, nonworkdays and holidays not wholly within the 15-day period
are not charged to military leave.

## 68 

§2066.13 (d) (1) (ii) (Con.) RD Instruction 2066-A

EXAMPLE 1: An employee starts a period of military training duty on
Monday and ends the period of duty on Friday. Neither the Saturday and
Sunday before nor after his/her military service is counted against the
15 calendar day limit.

EXAMPLE 2: An employee starts a period of military training duty on
Friday and ends the period of duty on the following Monday. In this
case, Saturday and Sunday are counted as days of military leave because
they are preceded and followed by military leave on workdays.

EXAMPLE 3: Absence Monday on military leave, or absence on Friday with
return to work Monday, would be charged as only 1 day, even though the
employee may also have had military training on the nonworkdays Saturday
and Sunday.

\(A\) [Relationship to annual leave]{.underline}. The rule that
nonworkdays wholly within a period of absence on military leave are
chargeable as military leave may not be circumvented by charging annual
leave at the beginning or end of a period of military leave. While an
employee may be granted annual leave in lieu of military leave under 5
U.S.C. 6323(a), nonworkdays occurring wholly within the period of
absence must still be charged to military leave.

\(B\) [Provision applicable only to the Washington, D.C. National
Guard]{.underline}. Members of the Washington, D.C. National Guard are
entitled to military leave under 5 U.S.C. 6323(a) for all days of any
parade or encampment or other service they may be ordered by proper
authority to perform. This military leave is in addition to the 15
calendar days of regular military leave. However, when the Washington,
D.C. National Guard is ordered to perform the kinds of services
specified in this subparagraph, the military leave should be charged as
stated, and there must be an appropriate adjustment of civilian pay.

\(2\) [Military leave under 5 U.S.C. 6323(c)]{.underline}. Military
leave under this authority is in addition to that granted under
paragraph (1) of this Section.

\(i\) [Kinds of service]{.underline}. Employees are entitled to military
leave under 5 U.S.C. 6323(c) when, for the purpose of providing military
aid to enforce the law, they perform:

\(A\) Federal service, or

## 69

(8-7-85) PN 974

RD Instruction 2066-A

§2066.13 (d) (2) (i) (Con.)

\(B\) Full-time service for the State, the District of Columbia, the
Commonwealth of Puerto Rico, the Canal Zone, or a territory of the
United States. \"Full-time military service\" includes the time from
reporting until relieved by appropriate orders.

\(ii\) [Amount]{.underline}. Employees are entitled to 22 workdays leave
per fiscal year under 5 U.S.C. 6323(c), subject to the conditions and
requirements stated in this paragraph.

\(iii\) [Nonapplicability of official leave]{.underline}. Official or
administrative leave may not be granted to any employee whose military
leave under 5 U.S.C. 6323(c) is exhausted. Such an employee may, if
ordered to perform additional periods of active Federal service, be
granted annual leave or any unused military leave under 5 U.S.C.
6323(a).

\(iv\) [Nonapplicability of annual leave]{.underline}. Employees ordered
to perform duty as specified in subparagraph (b)(l) of this Section may
not elect to use, nor may they involuntarily be charged, annual leave or
any type of leave for such absence if they have leave under 5 U.S.C.
6323(c) available for their use. The use of available leave under 5
U.S.C. 6323(c) is mandatory. Annual leave may not be substituted for
leave under 5 U.S.C. 6323(c) even to avoid forfeiture of annual leave.

\(v\) [Diminution of compensation prohibited]{.underline}. Employees who
are on military leave under 5 U.S.C. 6323(c) are entitled to the same
compensation, including overtime, they would have received had they
worked in their civilian positions on the days they were required to be
absent.

\(vi\) [Converting military leave under 5 U.S.C. 6323 (c) into
hours]{.underline}. The 22 workdays military leave under 5 U.S.C.
6323(c) is converted into hours (176 per fiscal year) and granted and
charged on the same basis as annual and sick leave.

\(vii\) [Adjustment in civilian pay]{.underline}. When employees are on
military leave under 5 U.S.C. 6323(c), the gross amount of military pay
which they receive for a day on which they would otherwise work in their
civilian positions is deducted from their civilian Pay for that day.
Such employees are entitled to retain military pay:

\(A\) For a day on which they do not receive civilian pay, and

## 70 

§2066.13 (d) (vii) (Con.) RD Instruction 2066-A

\(B\) To the extent that it exceeds their civilian pay for any day or
part of a day.

\(viii\) [Military pay]{.underline}. Specific information should be
obtained by the supervisor from the military organization involved, if
the employee is unable to provide the information. When military pay is
to be deducted from his/her civilian pay, the employee shall submit to
the servicing personnel office, through his/her Administrative Officer:

\(A\) A check or money order payable to Rural Development for the gross
amount of military pay, or

\(B\) A request that collection of the gross amount be made by offset
against civilian pay. When military pay is deducted, the employee will
receive reduced civilian pay; and taxes will be deducted only to the
extent of the reduced civilian pay. Health and life insurance deductions
will be made to the extent required by OPM regulations.

\(e\) [Mandatory restoration of employee granted military
leave]{.underline}. Employee granted military leave must be restored to
the position held at time of entrance on military leave.

§§2066.14 - 2066.20 \[Reserved\]

§2066.21 [Home leave]{.underline}.

\(a\) [Eligibility for home leave]{.underline}. Citizen employees who
are entitled to 45-day annual leave accumulation are eligible to earn
home leave at the rates shown in Table 7-1. Employees in Alaska and
Hawaii are not entitled to home leave. Home leave is:

\(1\) In addition to annual leave.

\(2\) Earned by service abroad.

\(3\) For use in the United States, in Puerto Rico, or in possessions of
the United States which include, principally Virgin Islands, Guam, Wake
Island, and American Samoa.

\(b\) [Computation of creditable service for home leave]{.underline}.

\(1\) Creditable service begins with:

\(i\) Date of employee\'s entry on duty when recruited abroad.

## 71

(8-7-85) PN 974

RD Instruction 2066-A

§2066.21 (b) (1) (Con.)

\(ii\) Date of employee\'s arrival at post of regular assignment outside
U.S.

\(iii\) Date on which employee begins to perform duty in an area outside
the United States and the area of recruitment or from which transferred,
when performance of duty en route to post of regular assignment is
required.

\(2\) Creditable service ends as of:

\(i\) Date on which employee is separated from duty while abroad.

\(ii\) Date employee departs from his/her post of regular assignment
abroad for separation or for assignments in an area in which he/she no
longer is eligible to earn home leave. If an employee is required to
perform duty enroute to an area in which home leave would be earned,
creditable service ends on the date on which he/she ceases to perform
such duty.

\(iii\) Date employee receives a change of duty station to a location
where the employee cannot earn home leave. An employee cannot earn home
leave while on detail or on leave in the United States or while on
detail or leave in an area from which recruited or transferred.

\(3\) Creditable service includes:

\(i\) Absence in a nonpay status up to a maximum of 2 workweeks within
each 12 months of service abroad.

\(ii\) Authorized leave with pay, including home leave.

\(iii\) Time spent in the Armed Forces of the United States which
interrupts otherwise creditable service, but only for eligibility, not
for leave-earning purposes.

\(iv\) Any period of detail at or away from post of duty.

\(v\) Service which was credited for earning home leave under laws in
effect before September 6, 1960.

\(c\) [Earning and accumulating home leave]{.underline}.

\(1\) [Earning rate for home leave]{.underline}. For each 12 months of
service abroad, home leave will accrue as indicated in the table shown
in this paragraph, provided the conditions of eligibility given in
subparagraph (i) through (v) of this paragraph are met.

## 72 

§2066.21 (c) (1) (Con.) RD Instruction 2066-A

\(i\) Fifteen days home leave will be earned if the employee accepts an
appointment to, or occupies, a position for which the employing program
unit has prescribed the requirement that the incumbent accept
assignments to one or more foreign areas (as the needs of the unit
dictate). This means that the 15-day home leave earning rate is not
applicable simply because an employee is stationed abroad and agrees to
serve anywhere in the world. There must also be present a need, by the
employing program unit, for foreign post rotation and an intent to
require rotation of the employee. This need and intent must be
documented by an appropriate statement on the SF-52 recommending the
foreign assignment in cases of prospective assignees to foreign
headquarters. For each employee going on foreign assignment, the
employing program unit will make the necessary determination of need and
intent and address a memorandum to the employee documenting either a
negative or positive determination. A copy of this memorandum will be
furnished to the Director, PED and the employee\'s T&A contact point. In
each case where a positive determination is made, the employee must
execute a service agreement. A copy is sent to PED and to the T&A
contact point. Unused home leave earned under the 15-day earning
provision in effect prior to May 1, 1968, will remain to the credit of
the employee.

\(ii\) An employee who is serving with a U.S. Mission to a Public
International Organization will earn 15 days home leave.

\(iii\) An employee who is serving at a post for which payment of a
foreign or territorial (but not a tropical) differential of 20 percent
or more is authorized by law or regulation will earn 15 days home leave.

\(iv\) An employee who is not covered by subparagraphs (i), (ii), or
(iii) of this paragraph and is serving at a post for which payment of a
foreign or territorial (but not a tropical) differential of at least 10
percent is authorized will earn 10 days home leave.

\(v\) An employee who is not included in subparagraphs (i) through (iv)
of this paragraph will earn 5 days home leave.

\(vi\) An employee included under subparagraphs (i) through (v) whose
civilian service abroad is interrupted by a tour of duty in the Armed
Forces of the United States, for the duration of such tour will earn 0
(zero) days.

\(2\) [Change in earning rate]{.underline}. An employee who moves
between different leave-earning rates during a month of service abroad,

## 73

(8-7-85) PN 974

RD Instruction 2066-A

§2066.21 (c) (2) (Con.)

or who has a change in differential during a month which results in a
different leave-earning rate, shall be credited for the month at the
accrual rate to which he/she would have been entitled prior to the
change.

\(3\) [Home Leave Earning Table]{.underline}. Under the rates specified
in subparagraphs (1) and (2) above, an employee will earn home leave for
each 12 months of creditable service in the amounts shown in Table 7-1.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_[TABLE 7-1\--HOME LEAVE
EARNING RATES]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_[EARNING RATE (DAYS FOR EACH 12 MONTHS)]{.underline}\_\_

MONTHS OF SERVICE ABROAD
\_\_\_\_\_\_\_\_15\_\_\_\_\_\_\_\_\_\_\_\_\_10\_\_\_\_\_\_\_\_\_\_5\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_[DAYS
EARNED]{.underline}\_\_\_\_\_\_\_\_\_\_\_\_\_

1 1 0 0

2 2 1 0

3 3 2 1

4 5 3 1

5 6 4 2

6 7 5 2

7 8 5 2

8 10 6 3

9 11 7 3

10 12 8 4

11 13 9 4

12 15 10 5

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(4\) [Accumulation of home leave]{.underline}. Home leave may be
accumulated without limitation. An employee cannot receive a lump-sum
payment for home leave. It cannot be used as terminal leave.

\(d\) [Granting and charging home leave]{.underline}.

\(1\) [Conditions for granting home leave]{.underline}.

\(i\) Home leave may not be granted until the employee has completed 24
months of continuous creditable service abroad on and after September 6,
1960. Creditable service is terminated by a break in service of 1 or
more workdays or by assignment, other than a detail, to a position where
the employee is no longer eligible to earn home leave. A combination of
home leave and other kinds of leave may be granted. Home leave should be
combined with transfer orders whenever possible.

## 74 

§2066.21 (d) (1) (Con.) RD Instruction 2066-A

\(ii\) Home leave may be granted only:

\(A\) During a period of service abroad, or

\(B\) Within 6 months after the employee returns from service abroad,
provided it is contemplated that there will be a return to service
abroad immediately or upon completion of an assignment in the United
States. Home leave not granted at such time may not be granted until the
employee has completed a further tour of service abroad. Such further
tour cannot be less than that prescribed for the employee\'s post of
assignment, except where the appropriate program official determines,
for justifiable reasons recorded in writing, that an earlier grant of
home leave is warranted in an individual case. A memorandum justifying
the earlier grant of home leave must be furnished to the PED.

\(2\) [Charge for home leave]{.underline}. The minimum charge for home
leave is 1 day and additional charges are in multiples thereof.

\(e\) [Refund, transfer, or recredit of home leave]{.underline}.

\(1\) [Indebtedness for home leave]{.underline}. An employee is indebted
for home leave used when there is a failure to return to service abroad
after a period of leave or after the completion of an assignment in the
United States. It is the responsibility of the employing program unit to
notify NFC to recover the amount of indebtedness.

\(2\) [Refund of home leave waived]{.underline}. A refund is not
required if:

\(i\) Employee has completed not less than 6 months service of an
assignment in the United States following the period of leave, and

\(ii\) Rural Development determines that:

\(A\) Employee\'s failure to return is due to compelling personal
reasons of a humanitarian or compassionate nature, such as may involve
physical or mental or circumstances over which employee has no control.

\(B\) It is in the public interest not to return the employee abroad.

## 75

(8-7-85) PN 974

RD Instruction 2066-A

§2066.21 (e) (2) (ii) (Con.)

Where refund of home leave is waived, the reasons will be recorded in
each case, and a copy furnished to PED.

\(3\) [Transfer and recredit of home leave]{.underline}. Accrued home
leave will be transferred or recredited when an employee move between
agencies or is reemployed in the Federal service without a break in
excess of 90 days.

\(f\) [Advance of home leave]{.underline}. Not permitted under any
circumstances.

\(g\) [Saving provision]{.underline}. Home leave to the credit of an
employee on September 5, 1960, is credited to the employee\'s home leave
account and will be available for use. Service which was credited for
the earning of home leave under appropriate statutory provisions in
effect prior to September 6, 1960, is considered creditable service
abroad.

\(h\) [Travel time]{.underline}.

\(1\) An employee who is authorized to accumulate up to 45 days of
annual leave may be granted leave-free travel time from his/her duty
post to a place of residence and return if the employee:

\(i\) Is serving outside the United States.

\(ii\) Is serving in the Commonwealth of Puerto Rico or a territory of
the United States and his/her place of residence is elsewhere.

\(2\) Only one return visit on leave is permitted during a prescribed
tour of duty abroad. The place of actual residence (or alternate place
under certain circumstances) must be designated in the request for
leave. Leave-free travel time normally is limited to that time required
for travel by common carrier over the most direct route, but may include
time necessary to await transportation.

§2066.22 [Maternity or paternity leave]{.underline}.

\(a\) [General]{.underline}. Absences associated with pregnancy and
confinement are handled as medically certified temporary disabilities.
(There is no separate \"maternity or maternity leave\" category as a
type of leave.) Because individuals and their work situations vary
widely, the length of absence for maternity purposes must be determined
by the employee, her physician, and her supervisor.

## 76 

RD Instruction 2066-A

§2066.22 (Con.)

\(b\) [Absence for maternity purposes]{.underline}. (Revised 8-17-88, PN
93)

\(1\) [Categories of leave]{.underline}. Leave for maternity purposes
may consist of a combination of sick leave, annual leave, or leave
without pay, as follows:

\(i\) [Sick Leave]{.underline}. Available sick leave may be used for the
time required for physical examinations and the period of incapacitation
due to pregnancy and childbirth. The amount of sick leave required must
be determined by the same standards as those used for any other physical
condition which incapacitates the employee for the performance of duty.
Absences in excess of 3 workdays must be verified by a medical
certificate.

\(ii\) [Annual leave]{.underline}. After delivery and recuperation, the
employee may desire a period of adjustment or need time to make
childcare arrangements. Such additional absence may be approved as
annual leave. The rules for granting and charging annual leave for
maternity purposes are the same as granting annual leave for other
purposes.

\(iii\) [Leave without pay]{.underline}. Leave without pay for maternity
purposes may be granted without regard to whether the employee has sick
or annual leave to her credit.

## 77

## (Revision 1)

(8-7-85) PN 974

RD Instruction 2066-A

§2066.22 (b) (Con.)

\(2\) [Employee responsibilities]{.underline}.

\(i\) [Requesting maternity leave]{.underline}. The employee should
inform her supervisor as soon as possible of the type of leave,
approximate dates, and anticipated duration if she intends to request
leave for maternity purposes.

\(ii\) [Requesting change in assignment]{.underline}. If the employee,
on advice from her physician, needs modification of her duties or a
temporary reassignment, she should request that her supervisor consider
appropriate changes.

\(iii\) [Written application requirements]{.underline}. The employee
must make written application for sick leave, annual leave, and leave
without pay. Application for additional sick leave for hospitalization
or extended recurring treatment must also be in writing.

\(3\) [Supervisor responsibilities]{.underline}.

\(i\) The overall objective should be to provide employment and to make
use of the employee\'s skills for as long as the employee is not
incapacitated for duty.

\(ii\) Supervisors should be alert to any particular working conditions
or strenuous requirements which could have an adverse effect on
employees with special physical conditions, including pregnancy. If the
supervisor questions the safety of a work situation, he/she should
request that the employee consult a physician on the matter to determine
if the work environment is potentially harmful to the pregnant employee
or to the unborn child. The supervisor should be advised of the medical
opinion received. If the employee, on the basis of medical advice,
requests modification of her work duties or temporary reassignment to
other available work for which she is qualified, every effort should be
made to make the requested change.

## 78

## (Revision 1) 

RD Instruction 2066-A

§2066.22 (b)

\(4\) [Continued employment]{.underline}. An employee who whishes to
return to work following delivery and confinement shall be assured of
continued employment in her position or one of like seniority, status,
and pay. However, employment is assured only if termination of
employment is not required at an earlier date for other reasons
unrelated to the maternity absence, such as expiration of appointment,
reduction in force, separation for cause, etc.

\(c\) [Absence for paternity reasons]{.underline}. A male employee may
request only annual leave or leave without pay for the purpose of
assisting or caring for his minor children or the mother of his newborn
child while she is incapacitated for maternity recuperation. Each
request for leave for paternity reasons will be considered on its own
merit. Approval will be consistent with the usual practice in like
situations.

\(d\) [Leave for adoptive parents]{.underline}. An employee adopting a
child may desire a period of time off from work in order to make
necessary family adjustments. Any absence for the purpose of adopting
children must be charged to annual leave, or leave without pay if
requested by the employee and approved by the supervisor.

§2066.23 [Leave during full-time outside training]{.underline}.

\(a\) [General]{.underline}. During full-time outside training at the
expense of the Government, biweekly accruals of annual and sick leave
shall be credited and charged the same as if the employee were in active
duty status, except as set forth in paragraph (b) of this section.
Before entering on s training course, the employee will make a written
agreement with the employing unit, covering:

## 78A

## (Added 8-17-88, PN 93)

(8-7-85 ) PN 974

RD Instruction 2066-A

§2066.23 (a) (Con.)

\(1\) The tour of training. (SF-182 (USDA))

\(2\) The maintenance and biweekly submission of the leave record and
T&A.

\(3\) The use of the employee\'s services during extended nonclass
periods.

\(b\) [Special provisions for charging leave for employees on full-time
outside training at government expense]{.underline}.

\(1\) If an employee on full-time outside training at Government expense
does not attend a scheduled class on a day when class is held, 1 hour of
annual or sick leave, as appropriate, will be charge for each hour of
class not attended.

\(2\) Leave will not be charged:

\(i\) If an employee is unable to attend a class because of the closing
of the training institution for other than extended periods. Extended
periods are Christmas and Easter holidays, semester breaks, etc.

\(ii\) Unless there is an agreement between the employment unit and the
employee which states that the employee\'s services will be utilized
during such periods as Christmas and Easter holidays, spring vacations,
semester breaks, etc. If it later develops that the employee will not be
able to report to the employing unit because of illness or if the
employee justifies to the unit the need to utilize the time in study, no
leave will be charged.

§2066.24 [Compensatory time]{.underline}.

\(a\) [General]{.underline}. Compensatory time is time off allowed for
overtime hours worked in lieu of overtime premium pay. For detailed
information on the pay aspects of compensatory time see RD Instruction
2051-H.

\(b\) [Relationship to annual leave]{.underline}.

\(1\) Compensatory time off should be taken as soon as possible after
overtime is worked.

\(2\) Compensatory time must be taken before annual leave is granted.
EXCEPTION. An employee shall be permitted to use any annual leave

## 79

(8-7-85) PN 974

RD Instruction 2066-A

§2066.24 (b) (2) (Con.)

which cannot be carried forward into the next leave year before taking
compensatory time to his/her credit.

\(c\) [Liquidation of unused compensatory time]{.underline}.
Compensatory time must be taken by the end of the leave year in which it
was earned. Any compensatory time not taken within this period will be
paid at the overtime rate of pay that applied at the time the overtime
was worked.

\(1\) Supervisors are responsible for initiating action to liquidate any
compensatory time unused by the last day of the leave year. Use Form
AD-581, \"Lump Sum or Compensatory Time Payments,\" to submit claims.
Also, submit Form AD-717, \"Audit for Leave Year.\" Send both forms to
NFC.

\(2\) If an employee is transferred outside of USDA or separated, any
compensatory time balance will be paid for at the time of separation or
transfer at the overtime rate of pay that applied at the time the
overtime was worked.

\(d\) [Adjustment of work schedules for religious
observances]{.underline}.

\(1\) Federal employees may elect to work compensatory overtime for the
purpose of taking time off without charge to leave when personal
religious beliefs require that the employee abstain from work during
certain periods of the workday or workweek. Any employee who elects to
work compensatory overtime for this purpose shall be granted (in lieu of
overtime pay) an equal amount of compensatory time off (hour for hour)
from his/her scheduled tour of duty. The employee may work such
compensatory overtime before or after the grant of compensatory time
off. It should be noted that this compensatory time has no relationship
to the premium pay provisions of either Title 5 or the Fair Labor
Standards Act.

\(2\) The time off from work for a religious observance shall be
recorded as \"60\" on the T&A. Time and hours worked to offset these
hours will not be recorded under any Transaction Code. The exact amount
of compensatory time worked or advanced, as well as how these balances
are liquidated, will be recorded in the \"Remarks\" section of the T&A
as follows:

\(i\) Compensatory time worked prior to religious observance will be
recorded as follows:

\"(number of hours) compensatory time worked prior to a religious
observance on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ per P.L. 95-390.\"

Date

CT worked \_\_\_\_\_\_\_\_\_\_\_\_\_

CT used \_\_\_\_\_\_\_\_\_\_\_\_\_

Balance \_\_\_\_\_\_\_\_\_\_\_\_\_

## 80 

RD Instruction 2066-A

§2066.24 (d) (2) (Con.)

\(ii\) Compensatory time advanced for religious observance will be
recorded as follows: \"(number of hours) compensatory time advanced for
a religious observance on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ per
P. L. 95-390.\"

Date

CT used \_\_\_\_\_\_\_\_\_\_\_\_\_[1]{.underline}/ CT worked
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Balance \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

[1]{.underline}/ This can also serve a brought-forward column - if the
advance compensatory time has not been worked off by the end of the same
pay period.

\(3\) Advanced compensatory time for religious observance shall be
repaid by the end of the leave year. Supervisors are advised to review
T&A\'s carefully where such compensatory time is advanced to assure that
the time is repaid in accordance with this requirement.

§2066.25 - [Five year voluntary leave transfer program]{.underline}.
(Added 02-23-90, SPECIAL PN.)

\(a\) [Eligibility]{.underline}.

\(1\) To confer eligibility for leave transfer, it must be determined
that a full-time employee\'s absence from duty without available paid
leave because of a medical emergency is (or, is expected to be) at least
80 hours. (For part-time employees or employees with an uncommon tour of
duty, the absence without paid leave is the average number of hours of
work in the employee\'s biweekly scheduled tour of duty.)

\(2\) A leave recipient (full-time employee) should not receive more
than 1 calendar year (2,087 hours) of donated leave for any given
medical emergency. After 1 year of absence, the Agency should consider
other alternatives, i.e., disability retirement. The maximum number of
hours that part-time employees and employees with uncommon tours of duty
may receive is to be calculated based on the average number of hours of
work in the employee\'s biweekly scheduled tour of duty.

\(3\) If the Agency requires medical certification from more than one
source, to verify an emergency, it will reimburse

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RD Instruction 2066-A

§2066.25 (a) (3) (Con.)

the recipient or pay the practitioner directly for the additional
certification(s).

\(b\) [Implementation responsibilities]{.underline}.

\(1\) State employee requests to become leave recipients or leave donors
may be approved by the State Director.

\(2\) National Office employee requests to become leave recipients or
donors may be approved by the Deputy Administrator for Program
Operations (DAPO), or the Deputy Administrator for Management (DAM) for
employees within their jurisdiction. Employees in offices reporting
directly to the Administrator, may have their requests to become leave
recipients or donors approved by the Administrator.

\(3\) Finance Office employee requests to become leave recipients or
donors may be approved by the Assistant Administrator for the Finance
Office.

\(4\) The approved leave recipient\'s servicing personnel office will be
responsible for administering the transfer of leave and record keeping.

\(c\) [Procedures]{.underline}.

\(1\) [Application to be a recipient]{.underline}. A potential leave
recipient must submit a written application to his or her personnel
officer or designee. Form AD-1046, \"Leave Transfer Program - Recipient
Application.\" The application may be submitted no later than 90 days
after the beginning of the medical emergency. If an employee is
incapacitated and cannot submit an application, a personal
representative may do so on his or her behalf.

\(2\) The applicant\'s name, position title, organizational title,
series, grade or pay level, social security number, office address and
phone number, address and phone number where the leave recipient can be
reached during the medical emergency, and the leave recipient\'s
timekeeper\'s name and phone number;

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RD Instruction 2066-A

§2066.25 (c) (Con.)

\(3\) The anticipated or actual duration of the medical emergency;

\(4\) The periods for which donated leave is requested to be substituted
retroactively for advance sick or annual leave or leave without pay, if
any;ãU

\(5\) The date the medical emergency began to affect the employee;

\(6\) The approximate amount of leave requested to be donated;

\(7\) The date of the request;

\(8\) A brief description of the nature and severity of the medical
emergency;

\(9\) A documentation of the medical emergency, i.e., certificate from
one or more physicians or other appropriate experts specifying the
medical condition, the prognosis, anticipated duration of the condition,
and if it is a recurring one, the approximate frequency of the medical
emergency;

\(10\) Certification that the recipient is not receiving unemployment
benefits or workers\' compensation in connection with the medical
emergency for which he or she is requesting transferred annual leave;
and

\(12\) The signature of the recipient\'s supervisor indicating approval.
This signature signifies that the employee may participate in the
program; however, the use of the leave is subject to the provisions of
paragraph (i)(1) of this section.

\(d\) [Disposition of application to be a recipient]{.underline}.

\(1\) The potential leave recipient\'s Agency personnel officer or
designee must review the application to determine:

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RD Instruction 2066-A

2066.25 (d) (5) (1) (Con.)

\(i\) That the employee or employee\'s family member has been affected
by a medical emergency;

\(ii\) That the employee\'s absence from duty without paid leave because
of a medical emergency is, or is expected to be, at least 80 hours, or,
in the case of part-time employees or employees with an uncommon tour of
duty, the average number of hours of work in the employee\'s biweekly
scheduled tour of duty; and

\(iii\) That the application has been completed, signed, and dated.

\(2\) The Agency personnel officer or designee must notify the applicant
(or the applicant\'s personal representative) in writing of the approval
or disapproval within ten days of receiving the complete application
package. If disapproved, the reason for disapproval must be given.

\(3\) The leave recipient is responsible for finding donors.

\(e\) [Application to be a donor]{.underline}.

\(1\) Prospective donors must submit to their Agency personnel officer
or designee a voluntary written application to donate a specified number
of hours of annual leave to the leave account of a particular recipient.
Form AD-1043, Leave Transfer Program-Donor Application.\"

\(2\) The donor application should include the donor\'s name, position
title, series, grade or pay level, social security number, annual leave
balance, annual leave category, organization, work address and phone
number, timekeeper\'s name and phone number; relationship of donor to
recipient, e.g., co-worker, supervisor;

\(3\) Certification that the donation is voluntary;

\(4\) The approximate number of hours of leave to be transferred; and

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RD Instruction 2066-A

2055.25 (e) (Con.)

\(5\) A written acknowledgment by the donor that except for any leave
unused by the recipient, the donor has no right under any circumstances
(including a medical emergency for the donor) to have any of the donated
leave restored.

\(f\) [Disposition of application to be a donor]{.underline}.

\(1\) The prospective donor\'s Agency personnel officer or designee must
review the donor\'s application to determine that:

\(i\) The application is complete;

\(ii\) The donor has sufficient leave to make the donation; and

\(iii\) The limitations of paragraphs (j)(l) and (2) of this section
have been observed, unless a waiver has been approved, as provided in
paragraph (j)(4) of this section.

\(2\) The Agency personnel officer or designee should notify the donor
of his or her decision on the application promptly. Notices denying the
donation must state the reasons for the denial.

\(g\) [Monitoring the use of transferred leave]{.underline}.

\(1\) Leave recipients are required to submit periodic status reports on
the status of their medical emergencies. If a leave recipient is
incapacitated and cannot submit the report, he or she may designate a
personal representative to do so.

\(2\) A leave recipient must promptly notify his or her supervisor and
the Agency personnel officer or designee when he or she begins to
receive unemployment benefits or workers\' compensation related to the
medical emergency, or when the medical emergency ends.

\(h\) [Restoration of unused leave]{.underline}. If, at the end of a
medical emergency, unused transferred leave remains in the recipient\'s
donated leave account, the servicing personnel officer or designee must
arrange to have the leave returned to the donors\' accounts following
the guidelines in paragraph (m) of this section.

## 85

## (Added 02-23-90, SPECIAL PN)

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RD Instruction 2066-A

2066.25 (i)

\(i\) [Use of transferred leave]{.underline}.

\(1\) A leave recipient may use annual leave transferred to his or her
account in the same way and for the same purposes as if he or she had
accrued regular annual leave, subject to supervisory approval. The
employee\'s continued absence from the job and its impact on the
efficiency of the service must be considered in granting or denying the
leave.

\(2\) The approval and use of transferred annual leave is subject to the
conditions and requirements of regularly accrued annual leave, except
that transferred annual leave is not subject to the limit on
accumulation of 240 hours per leave year for employees in the United
States and 360 hours per leave year for employees serving overseas.

\(3\) Transferred annual leave may be used on a current basis.
Transferred annual leave may also be used to retroactively substitute
for periods of leave without pay or to liquidate an indebtedness for
advanced annual or sick leave associated with the current medical
emergency. An Agency may apply this leave retroactively back to the
beginning of the medical emergency if the recipient provides sufficient
medical documentation. An employee whose application for disability
retirement is pending, should be cautioned concerning the possible
impact of transferred leave on the beginning date of his/her annuity.
See Retirement Counselor Letter dated April 5, 1989, in Exhibit G of
this Instruction.)

\(4\) Transferred annual leave may not be:

\(i\) Transferred to a leave recipient other than the person specified
to receive the leave;

\(ii\) Included in a lump-sum payment; or

\(iii\) Made available for recredit upon reemployment of a donor or
leave recipient by a Federal agency.

\(5\) If the five year voluntary leave transfer program ends before the
termination of the medical emergency of a leave recipient, any leave
transferred to the recipient before the

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RD Instruction 2066-A

§2066.25 (i) (5) (con.)

end of the program remains available for use by the recipient until
termination of the medical emergency.

\(j\) [Limitations]{.underline}.

\(1\) Approving officials have the discretion to allow all or part of a
leave donor\'s donation of annual leave.

\(2\) A donor may donate only unused annual leave that is in his or her
account at the time of the donation.

\(3\) In any one leave year, a donor may not donate more than:

\(i\) One-half of the amount of annual leave he or she would be entitled
to accrue during the leave year in which the donation is made; and

\(ii\) In the case of a donor who expects to have annual leave that
otherwise would be subject to forfeiture at the end of the leave year,
no more than the number of hours remaining in the leave year for which
the leave donor is scheduled to work and receive pay. Example: A donor
wishes to donate 108 hours of leave subject to forfeiture two weeks
before the end of the leave year. The donor may donate only 80 hours
since there are only 80 hours left in the leave year.

\(4\) Waivers of the limitations in paragraph (j)(3) of this section may
be granted under unusual circumstances as follows:

\(i\) When the donated leave does not exceed the number of hours
required to keep the recipient in a pay status for the remainder of the
medical emergency and there is an insufficient amount of leave available
from other donors.

\(ii\) Requests for waivers must be documented in writing including
description of unusual circumstances and justification for waiving
normal limitations.

\(iii\) Requests for waivers must be approved/disapproved in writing by
the requestor\'s servicing personnel officer or designee.

## 87

## (Added 02-23-90, SPECIAL PN)

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RD Instruction 2066-A

§2066.25 (j)

\(5\) In the case of a medical emergency affecting the employee, he/she
must exhaust all annual and sick leave before becoming a leave
recipient.

\(6\) In the case of a medical emergency affecting a family member, an
employee must exhaust all annual leave before becoming a leave
recipient.

\(7\) The maximum amount of annual and sick leave that may be accrued by
an employee while on donated leave 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 of work in the employee\'s weekly scheduled tour
of duty). This leave is placed in a special, separate leave account for
the employee.

\(8\) An employee may not participate as a recipient in the leave
transfer program if he or she is receiving unemployment benefits or
workers\' compensation for the medical emergency for which he or she
requests transferred annual leave.

\(9\) No annual leave may be transferred from employees to their
immediate supervisors.

\(k\) [Leave transfer from and to another Federal agency]{.underline}.

\(1\) The transfer of annual leave from a leave donor of another Federal
Department must be accepted when:

\(i\) The amount of annual leave donated by USDA leave donors does not
meet a leave recipient\'s needs as requested and approved;

\(ii\) A family member from another Department requests to donate annual
leave to a leave recipient; or

\(iii\) In the judgment of the recipient\'s Agency personnel office or
designee, acceptance of leave transferred from another Department would
further the purpose of the voluntary leave transfer program.

## 88

## (Added 02-23-90, SPECIAL PN) 

RD Instruction 2066-A

§2066.25 (k) (Con.)

\(2\) Before accepting the transfer of annual leave from a leave donor
of another Department, the recipient\'s Agency personnel officer or
designee must, in addition to determining that the requirements in
paragraph (c) of this section have been met, verify that the donor\'s
agency has approved the donor\'s request to transfer annual leave to the
specified USDA leave recipient.

\(3\) Before a transfer of annual leave may be made from a donor in USDA
to a leave recipient in another Department, the donor\'s Agency
personnel officer or designee must notify the leave recipient\'s
employing agency in writing of the amount of annual leave to be credited
to the recipient\'s annual leave account, and debit the donor\'s annual
leave account.

\(l\) [Termination of medical emergency]{.underline}.

\(1\) Leave recipient status ends:

\(i\) At the end of the pay period in which the leave recipient or his
or her personal representative notifies the supervisor and Agency
personnel officer or designee that his or her medical emergency is over;

\(ii\) When the leave recipient\'s Federal employment is terminated;

\(iii\) At the end of the biweekly pay period in which the Department is
notified by the Office of Personnel Management (OPM) that it has
approved the leave recipient\'s application for disability retirement;

\(iv\) On the date that the employee begins to receive unemployment
benefits or workers\' compensation for the medical emergency for which
he or she had been approved to become a leave recipient; or

\(v\) At the end of the pay period in which the leave recipient\'s
Agency personnel officer or designee determines, after written notice
and an opportunity for the recipient (or if appropriate, his or her
personal representative) to answer orally or in writing, that the leave
recipient is no longer affected by a medical emergency.

## 89

## (Added 02-23-90, SPECIAL PN)

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RD Instruction 2066-A

§2066.25 (l) (Con.)

\(2\) Any annual or sick leave accrued by a leave recipient while using
donated leave must be transferred from the special, separate leave
account to the employee\'s regular leave account, effective as of the
beginning of the first applicable pay period beginning after the medical
emergency ends unless the employee leaves the Federal service.

\(m\) [Restoration of transferred annual leave]{.underline}.

\(1\) Any transferred annual leave remaining to the credit of a leave
recipient when the medical emergency ends must be restored to the annual
leave accounts of eligible leave donors as provided in this section.

\(2\) If the number of donors eligible for restoration exceeds the
number of hours of annual leave to be restored, no unused transferred
annual leave must be restored.

\(3\) The amount of unused transferred annual leave to be restored to
each donor must be determined as follows:

\(i\) Divide the number of hours of unused transferred annual leave by
the total number of hours of annual leave transferred to the recipient;

\(ii\) Multiply the result by the number of hours of annual leave
transferred by each donor eligible for restoration;

\(iii\) Round the result to the nearest hour.

\(4\) If leave donor retires from Federal service, dies, or is otherwise
separated from Federal service before the date unused, transferred
annual leave can be restored, such leave will not be restored to that
donor.

\(5\) Unused transferred leave will be restored to donors in Departments
serviced by the National Finance Center (NFC), and those in Department
not serviced by NFC only if the donor\'s current work address is readily
available.

\(6\) Donors may elect to have unused transferred annual leave restored
to them in any of the following ways, or a combination thereof:

## 90

## (Added 02-23-90, SPECIAL PN) 

RD Instruction 2066-A

§2066.25 (m) (6) (Con.)

\(i\) Crediting the restored annual leave to the donor\'s account in the
current year;

\(ii\) Crediting the restored annual leave to the donor\'s annual leave
account, effective as of the first day of the first leave year after the
date of the donor\'s election;

\(iii\) Donating the unused transferred annual leave in whole or in part
to another leave recipient. Donors wishing to exercise this option must
complete a new donor application.

\(7\) Transferred annual leave restored to the account of leave donor
under paragraph (m)(6)(i) and (ii) of this section is subject to the
240-hour limitation per leave year for employees in the United States
and 360-hour limit per leave year for employees overseas.

\(n\) [Leave transfer files]{.underline}.

\(1\) Files maintained for this program constitute a system of records
under the Privacy Act.

\(2\) Files must be maintained in the recipient\'s Agency personnel
office and must be kept separate from other personnel files.

\(3\) The following documents must be kept in the leave transfer file of
each leave recipient:

\(i\) Recipient application and all supporting documentation;

\(ii\) Donor application (s);

\(iii\) Periodic reports, if required by the agency, from the leave
recipient on the status of his or her medical emergency as required by
paragraph (g)(l) of this section.

\(iv\) Any other correspondence associated with the case.

\(4\) Files must be maintained for a period of four years after the
medical emergency ends or until October 31, 1993 whichever is later.

## 91

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RD Instruction 2066-A

§2066.25 (o)

\(o\) [Reports]{.underline}. OPM may require Departments to report
information concerning the administration of the voluntary leave share
program for the purpose of evaluating the desirability, feasibility, and
associated cost, on an annual basis. The Office of Personnel will
request information from agencies to prepare such reports.

\(p\) [Confidentiality]{.underline}. Any person involved in the
processing of a leave transfer must protect the confidentiality of all
related communications with the leave recipient and all other parties to
the leave transfer, and the right of the individuals to privacy. Persons
with access to information related to the leave transfer must not
disclose that information to anyone except in accordance with the
appropriate provisions of the Privacy Act. Individuals granted access
must be advised of the requirements of this paragraph.

§2066.26 - 2066.50 \[Reserved\]

Attachments: Exhibits A, B, C, D, E, and F

## oOo

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## (Added 02-23-90, SPECIAL PN) 

Exhibits A, B, C, D, E, and F not automated.