[HHS PERSONNEL INSTRUCTION 630-1]{.underline}

[LEAVE AND EXCUSED ABSENCE]{.underline}

630-1-00 Purpose

10 Coverage

20 References

30 General Provisions

40 Annual Leave

50 Sick Leave

60 Voluntary Transfer of Leave

70 Voluntary Leave Bank Program

80 Excused Absence

90 Court Leave

100 Military Leave

110 Transfer and Recredit of Leave Between the Civil Service and Other
Leave\
Systems

120 Creditable Service for Annual Leave Accrual

630-1-00 PURPOSE

This Instruction states Department policies and requirements for the
administration of leave and excused absence.

10. COVERAGE

All Department employees are covered by this Instruction, except
individuals appointed by the President with the advice and consent of
the Senate and other employees excluded by 5 U.S. Code 6301.
Commissioned Corps officers are covered only as indicated in 630-1-110
below.

630-1-20 REFERENCES

A.  U.S. Code 5551 (law - lump-sum payment for accumulated and accrued
    leave on separation)

B.  U.S. Code, Chapter 63 (law - leave)

C.  U.S. Code 501(g) (law - lump-sum leave payments made to Commissioned
    Corps employees)

D.  5 CFR, Part 630 (regulations - absence and leave)

E.  HHS Personnel Instruction 550-11 (compensatory time off for
    religious observances)

F.  HHS Personnel Instruction 610-3 (temporary closing of work places)

G.  HHS Personnel Instruction 792-2 (employee assistance program)

H.  HHS Guide for Timekeepers

I.  HHS Travel Manual Chapter 1-40 (attendance at nongovernment
    sponsored meetings)

J.  General Accounting Office Civilian Personnel Law Manual, Title II
    (index and summaries of CG decisions concerning leave issues)

K.  Comptroller General Decision B-133674

L.  Comptroller General Decision B-241272

M.  Comptroller General Decision B-246359

N.  52 CG 66471

O.  60 CG 381

P.  61 CG 558

Q.  U.S. Code 6303

R.  5 CFR 630.205 (absence and leave: creditable service)

630-1-30 GENERAL PROVISIONS

A.  [Requesting and Charging Leave]{.underline}

    1.  Operating Divisions (OPDIVs) may prescribe the procedures for
        requesting leave. Employees may be required to use the Standard
        Form 71, but OPDIVs may prescribe other procedures, such as
        using a memorandum or in some situations, making the request
        verbally.

    2.  The standard minimum charge for absence in pay status (leave)
        and for absence in nonpay status (leave without pay or absence
        without leave) is ¼ hour, except where OPDIV heads, or their
        designees, have established a minimum leave charge of ½ hour or
        1 hour.

    3.  An employee must not be required to perform work during those
        periods of tardiness or unauthorized absence from duty for which
        the employee is charged with leave or absence without leave.

    4.  Leave is not charged for holidays or officially established
        nonwork days, except in certain situations pertaining to leave
        without pay and absence without leave (see 630-1-30E below).

B.  [Mandatory Approval of Leave]{.underline}\
    \
    If an employee has followed the proper procedures for requesting
    leave and provides acceptable evidence:

    1.  The leave-approving official must grant an employee's request
        for sick leave, annual leave, or leave without pay (but is not
        required to grant a request for advance sick or annual leave) :

        a.  When an employee who is a disabled veteran presents an
            official statement from a medical authority that medical
            treatment is required in connection with the disability. The
            employee must give prior notice of the period during which
            absence for treatment will occur.

        b.  When the employee has suffered an incapacitating job-related
            injury or illness, has exhausted any available continuation
            of pay, and is awaiting adjudication of a claim for
            employee's compensation by the Office of Workers'
            Compensation Programs.

C.  [Uncommon Tours of Duty]{.underline}\
    \
    For employees who work uncommon tours of duty during a regularly
    scheduled administrative work week which is in excess of 40 hours in
    a calendar week, leave is charged for the number of hours of absence
    during the regularly scheduled tour, for example:

    1.  An employee whose regularly scheduled tour of duty is 10 hours a
        day is absent for 8 hours and works 2 hours. The employee is
        charged 8 hours leave.

    2.  An employee whose regularly scheduled tour of duty is 44 hours a
        week is absent for a full week. The employee is charged 44 hours
        leave.

D.  [Leave Without Pay]{.underline}\
    \
    Leave without pay (LWOP) is approved leave for which the employee is
    not paid. Except for specified situations such as the Family and
    Medical Leave Act, employees do not have a right to LWOP. Management
    has the discretion to determine whether requests for LWOP will be
    approved. LWOP must not be granted when absence without leave (AWOL)
    is appropriate, see E below.

E.  [Absence Without Leave]{.underline}

    1.  AWOL is a nonpay status for any absence from duty not authorized
        by the proper leave-approving official.

    2.  AWOL should be charged when an employee is absent without
        permission or has not notified his/her supervisor or provided
        satisfactory explanation or documentation for the absence from
        duty. An AWOL charge may be changed later to an appropriate type
        of leave if the leave-approving official determines that the
        employee has satisfactorily explained the absence or presented
        acceptable documentation.

F.  [Charges to AWOL or LWOP for Holidays\
    ]{.underline}\
    Legal holidays that occur during a period of AWOL or LWOP are
    charged to AWOL or LWOP as follows:

    1.  Employees who are in a nonpay status (AWOL or LWOP) immediately
        before and after a holiday are not entitled to pay for the
        holiday. They must be charged AWOL or LWOP, as appropriate, for
        the holiday. See CG Decision B-187520, February 22, 1977, and
        the HHS Guide for Timekeepers, Chapter 5, Section D.

    2.  Employees who are in a nonpay status (AWOL or LWOP) before or
        after a holiday are not charged AWOL or LWOP for the holiday.
        They are entitled to pay for the holiday. It is presumed that
        the employee" would have been available for work on the holiday
        unless the employee was in a nonpay status both before and after
        the-holiday. See 56 CG 393.

    3.  Employees scheduled to be on LWOP during a Pay Period when a
        holiday occurs must not be returned to pay status (i.e., duty or
        paid leave) either the day before or the day after the holiday
        for the sole purpose of taking advantage of being paid for the
        holiday.

G.  [Repayment of Advance Leave by Employees Who Are
    Separating]{.underline}\
    \
    Employees separating from the Federal service must repay any annual
    or sick leave advanced and not earned at the time of separation,
    except that no repayment is necessary under any of the following
    conditions:

    1.  If the separation is because of entry into the military service
        with restoration rights. (However, if the employee exercises the
        restoration rights, the leave indebtedness will be recredited as
        an indebtedness.)

    2.  If the separation is because of death or disability retirement.

    3.  If the separation is based on a disability that prevents" the
        employee from returning to duty or continuing in the service.

H.  [Family and Medical Leave Act]{.underline}

    1.  Under the Family and Medical Leave Act, employees are entitled
        to up to 12 weeks of LWOP for (a) the birth of a son or daughter
        and care of the newborn; (b) the placement of a child with the
        employee for adoption or foster care; (c) the care of a family
        member with a serious health condition; or (d) a serious health
        condition of the employee that makes the employee unable to
        perform the essential functions of his or her position. This is
        in addition to other leave which the employee may be entitled
        to.

    2.  The Department has determined that for purposes of the Family
        and Medical Leave Act, the definition of family member is
        expanded to be the same as under the Voluntary Leave Transfer
        Program, see 630-1-60B.2.

630-1-40 ANNUAL LEAVE

A.  [Qualifying Period]{.underline}

    1.  An employee whose appointment is for 90 calendar days or longer
        earns and may be granted annual leave beginning with the first
        day of the first full pay period following appointment. If an
        appointment is for less than 90 days, the employee is not
        entitled to annual leave but may request leave without pay. (If
        an appointment of less than 90 days is extended or converted to
        another appointment of less than 90 days without a break in
        service of one work day, the employee will still not earn annual
        leave until the actual employment counted from the initial
        appointment equals 90 days. As soon as the employee has 90 days
        of employment, he/she earns annual leave retroactive to the
        initial appointment date.) If after an initial appointment of
        less than 90 days, the extension or conversion to another
        appointment was for 90 days or more, the employee earns annual
        leave retroactive to the date of the initial appointment.

    2.  If an employee took leave without pay while under an appointment
        of less than 90 days and then earns annual leave retroactive to
        the initial date of the appointment as described in number 1
        above, he/she may not substitute annual leave for the leave
        without pay.

    3.  If an employee is currently on an appointment of less than 90
        days 'and- has annual leave recredited from a lump-sum payment
        from previous Federal service, the employee may use the
        recredited annual leave during the current appointment.

B.  [Maximum Accumulation]{.underline}\
    \
    Employees can carry over to the next leave year a maximum of 30 days
    (240 hours) of accrued annual leave, (720 hours for members of the
    Senior Executive Service) . Leave earned in excess of these maximums
    is forfeited if not used by the end of the leave year. (Under
    special conditions, forfeited annual leave may be restored, as
    described in 630-1-40F below.)

C.  [Granting Annual Leave]{.underline}

    1.  The employee initiates a request for use of annual leave, and
        the request is acted upon by the leave-approving official.
        Leave-approving officials may, consistent with operational
        demands, prescribe when annual leave may be taken, refuse to
        grant annual leave, or revoke annual leave that has been granted
        and recall an employee to duty.

    2.  For circumstances in which annual leave may be substituted for
        sick leave, see 630-1-50A.3 below.

    3.  For circumstances in which sick leave may be substituted for
        annual leave, see 630-1-50A.2f below.

D.  [Advance Annual Leave]{.underline}\
    \
    Employees have no entitlement to advance annual leave. However,
    under very unusual circumstances, an employee may be granted advance
    annual leave up to the amount to be earned by the end of the
    appointment or the end of the current leave year, whichever is
    sooner. Annual leave must not be advanced when it is likely the
    employee will retire, be separated, or resign before the advanced
    leave will be earned.

E.  [Leave Indebtedness]{.underline}

    1.  An employee's annual leave account may be overdrawn at the end
        of the leave year through error or because the employee was
        advanced annual leave and then did not earn the expected amount
        because the employee was on leave without pay or was absent
        without leave. When an employee's account is overdrawn, the
        debit will be carried over and charged against annual leave
        earned in the following year, unless the employee elects to make
        a refund payment.

    2.  An employee who is separated while indebted for advance annual
        leave must refund the amount due or have the amount owed
        deducted from any monies due to the employee. For exceptions,
        see 630-1-30F.

F.  Restoration of Annual Leave

    1.  Conditions

        a.  As a general rule, annual leave in excess of an employee's
            maximum carryover balance is forfeited if not used by the
            end of the leave year. This excess annual leave, sometimes
            called "use or lose" leave, may be considered for
            restoration only under one of the following conditions:\
            \
            (1) To correct an administrative error, when the error
            causes the\
            loss of annual leave.\
            \
            (2) When annual leave is scheduled in writing in advance but
            its

> use is denied because of an exigency of the public business.
>
> \(3\) When use of scheduled annual leave is prevented by illness or\
> injury, provided the annual leave was scheduled in writing in\
> advance and its use could not be rescheduled between the\
> termination of the illness and the end of the leave year, either\
> because of an exigency or because the termination of the illness\
> occurred too late in the leave year to permit rescheduling.\
> \
> (4) OPM regulations require that "use or lose" annual leave must be\
> scheduled at least three pay periods prior to the end of the leave\
> year, and except as noted below, the Department has no\
> authority to waive this requirement.

b.  The leave-approving official must approve the employee's request "in
    writing in advance" for "use or lose" annual leave for use at the
    time requested by the employee or, if that is not possible, must
    reschedule it for use at some other mutually agreeable time before
    the end of the leave year.

c.  If an exigency arises which necessitates cancellation of the
    employee's "use or lose" annual leave, the situation must be
    presented to the official with authority to make an exigency
    determination.\
    \
    (1) That official must determine:

\(a\) Whether or not an exigency exists which is of such\
importance that an employee cannot be released from\
duty; and\
\
(b) Whether or not there is any reasonable alternative to the\
cancellation of an employee's "use or lose " annual\
leave, or to the assignment of that employee to the work\
generated by the exigency.\
\
(2) The determination must be documented, and the specific\
beginning and ending dates of the exigency must be fixed. The\
determination of the exigency must be made before the\
cancellation of the employee's scheduled leave and not after the fact.

d.  If the requirements in b and c (2) above are not met (i.e., the
    employee's request was submitted but not approved, or the exigency
    determination was not made before the employee's leave was
    canceled), this may be considered an administrative error and the
    forfeited annual leave may be considered for restoration (see 57 CG
    325 and 58 CG 684). However, if the requirement in b above is not
    met (i.e., the employee did not request the leave in writing in
    advance), this [cannot]{.underline} be considered as an
    administrative error and the forfeited annual leave cannot be
    restored. (The only exception is for a prolonged illness preceding
    the end of a leave year, where the employee may be presumed to have
    requested proper scheduling of the annual leave.) (See CG Decision
    B-193431, dated August 8, 1979.)

e.  If an exigency or illness that caused cancellation of an employee's
    "use or lose" annual leave terminates before the end of the leave
    year, efforts must be made to reschedule the annual leave before the
    end of the leave year to avoid forfeiture.

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2.  [Time Limit for Use of Restored Annual Leave---Extent for Extended
    Exigency]{.underline}

    a.  The maximum time limit for use of restored leave is the end of
        the leave year in which the 2-year anniversary date of
        restoration occurs. Leave which is not used by this deadline may
        not be restored again.

b\. The date of restoration is determined as follows:\
\
(1) The date the annual leave was restored in correcting an\
administrative error; or\
\
(2) The date fixed by management as the end of the exigency that\
resulted in the forfeiture of the annual leave; or\
\
(3) The date the supervisor, after considering the medical\
documentation, ascertains that the employee is able to return\
to duty, if the leave was forfeited because of sickness.

b.  Employees with a restored annual leave account may use their

> regular annual leave and their restored leave in any order they may
> wish, but they must advise their leave-approving official and the
> timekeeper of their choice. Once an employee makes an election, he/she
> may not change it after the leave has been used.

3.  [Time Limit for Use of Restored Annual Leave---Extended
    Exigency]{.underline}

    a.  An extended exigency is defined as significant circumstances
        that

> meet all of the following conditions:\
> \
> (1) Threaten the national security, safety, or welfare;\
> \
> (2) Last more than 3 calendar years;\
> \
> (3) Affect a segment of an agency or occupational class; and\
> \
> (4) Preclude subsequent use of both restored and accrued annual\
> leave within the time limit specified in 630-1-40F.2 above.

b.  The maximum time limit for use of annual leave restored because of
    an extended exigency is two years for each calendar year, or part
    thereof, that the exigency existed, regardless of the number of
    years during the exigency in which the employee forfeited leave.

G. [Lump-Sum Payment for Annual Leave]{.underline}\
\
An employee with accumulated annual leave, including unused restored
leave in a separate account, who is separated is paid a lump-sum at
his/her current hourly rate for all unused annual leave at the time of
separation. If there is a general pay increase during the period of time
which would have been covered by the leave had the employee actually
used it, the employee is paid at the higher rate of pay for leave which
would have covered the period following the effective date of the pay
increase. The lump-sum payment may be adjusted to collect the amount of
any debts owed to the Government.

630-1-50 SICK LEAVE

#### **A. [Granting Sick Leave]{.underline}**

1.  A leave-approving official may grant sick leave to an employee for
    non-emergency dental, optical, or medical examination or treatment
    (including for physical or mental conditions). The employee must
    request sick leave for non-emergency purposes in advance.

2.  If the employee has followed proper leave-requesting procedures and
    provides acceptable evidence, a leave-approving official must grant
    an employee's request for sick leave (but is not required to grant a
    request for advance sick leave) :

    a.  When the employee is incapacitated to perform duties due to
        illness (physical or mental), injury, or temporary disability,
        including pregnancy. An employee with a disability who depends
        on an aid, mechanical or otherwise, to perform work is normally
        incapacitated without the aid. A seeing-eye dog, a wheelchair,
        or any prosthetic device may be considered an extension of the
        person, and a grant of sick leave or such purposes as training,
        replacement, or repair is appropriate under the same conditions
        as any other incapacitation.

    b.  For emergency medical, dental, or optical examination or
        treatment.

    c.  Subject to the limitations in the Family Friendly Leave Act and
        OPM regulations, when an employee is required to care for a
        member of his/her immediate family with a serious health
        condition or to make arrangements for or attend the funeral of a
        family member, these limitations concern the amount of sick
        leave the employee may use. Full-time employees may not exceed a
        total of 104 hours or up to 13 days in a leave year. The
        limitations for part-time employees or employees with an
        uncommon tour of duty are proportional to those for full-time
        employees, see 5 CFR 630.401. The definition of family member is
        the same as under the Voluntary Leave Transfer Program, see
        630-1-60B.2.

    d.  A maximum of 30 days of sick leave may be advanced to a
        full-time employee at the beginning of a leave year or at any
        time thereafter in the case of a serious disability or ailment
        of the employee or family member or for purposes relating to the
        adoption of a child. For a part-time employee or an employee on
        an uncommon tour of duty, the maximum amount of advanced sick
        leave must be prorated according to the number of hours in the
        employee's regularly scheduled administrative workweek, see 5
        CFR 630.401. **(1)**

    e.  When the organization has made a determination that the employee
        is incapacitated and meets the requirements for disability
        retirement and OPM is processing the employee's retirement
        application.

    f.  For treatment of a disabled veteran or adjudication of a claim
        concerning a job-related injury or illness, as described in
        630-1-30B.1 above.

    g.  When an employee is sick within a period of annual leave,
        provided that, immediately upon return to duty, the employee
        presents medical documentation to support the sick leave.

3.  An employee may request annual leave, if available, or leave without
    pay for a period of illness which cannot be covered by sick leave to
    an employee's credit, or advanced to the employee, and
    leave-approving officials may grant such requests. However, annual
    leave must not be substituted retroactively for regular sick leave.
    Annual leave may be substituted retroactively to liquidate an
    employee's indebtedness for advance sick leave.

4.  Leave-approving officials will usually charge sick leave only at an
    employee's request.

    a.  Officials may, however, place an employee on sick leave without
        the employee's request when the employee is absent under
        extenuating circumstances clearly indicating that he/she is
        unable to work and unable to request leave (e.g., the employee
        is in a coma) . If the employee is still unable to work after
        exhausting his/her accrued sick leave and the employee is still
        unable to request appropriate leave, the leave-approving
        official may consider advancing sick leave or may consider
        charging the continued absence to annual leave or to leave
        without pay in such a situation. In addition, the official may
        pursue use of the Voluntary Leave Transfer Program on behalf of
        the employee.

    b.  In extraordinary circumstances, leave-approving officials may
        also place an employee on sick leave without the employee's
        request if the employee reports for duty but is determined to be
        unable to work because of illness (mental or physical) .
        However, placing an employee on sick leave in this situation
        without his/her consent has been determined by the Merit Systems
        Protection Board to be a suspension, thus entitling the employee
        to notice and other due process protection.

#### **[Advance Sick Leave]{.underline}**

5.  An advance of sick leave may be made to an employee with a zero sick
    leave balance, if the employee has a serious disability or ailment,
    provided the total advance at no time exceeds 30 days and there is a
    reasonable expectation that the employee will return to duty. For an
    employee holding a limited appointment, sick leave must not be
    advanced in excess of the sick leave to be earned during the
    remaining period of employment. Sick leave must not be advanced when
    it is likely the employee will retire, be separated, or resign
    before the advance leave will be earned. Employees have no
    entitlement to advance sick leave.

6.  The employee's request for advance sick leave must be in writing and
    must be supported by medical documentation acceptable to the
    leave-approving official. Usually the disability or ailment will be
    of such seriousness as to require a period of absence of at least 5
    consecutive work days, unless an absence for a shorter period is
    determined to be appropriate (for example, intermittent absences for
    cancer chemotherapy, kidney dialysis, etc.) .

7.  Advance sick leave may be granted regardless of whether the employee
    has annual leave to his/her credit. Any sick leave earned after the
    sick leave is advanced will be used to liquidate the advance sick
    leave.

8.  An employee separated while indebted for advance sick leave must
    refund the amount due or have the amount owed deducted from any
    monies due to the employee. For exceptions, see 630-1-30F.

9.  As an alternative to advance sick leave, the employee and the
    supervisor may consider the Voluntary Leave Transfer Program, leave
    without pay, or an adjustment from full-time to part-time employment
    during a period of recuperation, thus allowing the employee to work
    less than 8 hours daily until the employee is fully recovered. In
    considering such options, the supervisor and the employee should
    consult the servicing personnel office regarding the effects of LWOP
    and part-time employment on an employee's benefits, as well as
    possible employment ceiling implications in moving between full-time
    and part-time status.

#### **[Evidence to Support Sick Leave]{.underline}**

10. Employees must submit evidence as required by their leave-approving
    officials to support approvals of sick leave. Officials have the
    discretion to require different forms of evidence depending upon the
    circumstances. For example, a leave-approving official:

    a.  May require medical documentation for extended absences, e.g. ,
        over 3 consecutive work days (or for shorter periods when an
        employee has been advised that medical documentation will be
        required). Medical documentation is defined as that which is
        signed by the employee's health care provider and is
        sufficiently specific for the leave-approving official to make a
        reasonable decision that the employee was incapacitated to
        perform the duties of his/her position.

    b.  May require the employee's signature on the SF 71, a written
        statement signed by the employee, or other evidence which is
        administratively acceptable to the leave-approving official,
        when the period of absence is relatively short or the nature of
        the employee's illness did not require an appointment with a
        health care provider.

11. Employees must submit acceptable evidence or medical certification
    for a request for sick leave no later than 15 calendar days after
    the date the agency requests such medical certification. If
    circumstances beyond the employee's control prevents a timely
    submission despite the employee's diligent good faith efforts, the
    employee must provide the evidence within a reasonable period of
    time, but no later than 30 calendar days after the date the agency
    requests such documentation. Failure to do so is grounds for taking
    a disciplinary action for failure to follow proper leave procedures.
    If the employee is placed on AWOL, the Merit Systems Protection
    Board has ruled that if the employee later submits adequate
    documentation, the AWOL cannot stand and any disciplinary action
    based solely on AWOL would be overturned. However, an action based
    on failure to follow proper leave procedures could still be upheld.
    An employee who does not provide the required evidence within the
    specified timeframe is not entitled to sick leave.

12. Leave-approving officials may require that employees submit medical
    documentation during a period of extended sickness. The purpose of
    such a requirement is to obtain information (e.g., the health care
    provider's prognosis of when the employee will be able to return to
    work; what limitations, if any, the physician will temporarily place
    on the employee's activities; and, if so, what other work the
    employee could perform) which is necessary for planning work or for
    determining that the approval of continued leave is appropriate.

630-1-60 VOLUNTARY TRANSFER OF LEAVE

A. [Purpose]{.underline}

Under the Voluntary Leave Transfer Program (VLTP), unused accrued annual

leave belonging to one employee may be transferred for use by another
employee

who has been determined to have a medical or family medical emergency
and has

been approved as a leave recipient.

#### **B. [Definitions]{.underline}**

1.  [Medical emergency]{.underline} means a medical condition of an
    employee or a family member that is likely to require an employee's
    absence from duty for a prolonged period of time and to result in a
    substantial loss of income to the employee (24 hours for full-time
    employees) because of the unavailability

> of paid leave. (Absence from duty necessitated by pregnancy and child
> birth is an acceptable reason for requesting use of the VLTP.)

2.  [Family member]{.underline} means the following relatives of the
    employee: (a) spouse, and parents thereof; (b) children, including
    adopted children and spouses thereof; (c) parents; (d) brothers and
    sisters, and spouses thereof; and (e) any individual related by
    blood or affinity whose close association with the employee is the
    equivalent of a family relationship.

C. [Applying to Become a Leave Recipient]{.underline}

1\. Current employees affected by a medical or family medical emergency

must apply in writing to become a leave recipient. In the event that an

employee is not capable of making application on his or her own behalf,

another employee in this Department, an employee's representative, or a

family member may make the application.

2\. Each application for VLTP is to be initially submitted to the
immediate supervisor of the potential leave recipient for consideration
and must

include:

a.  The name, position title, and grade or pay level of the prospective
    leave recipient.

b.  A brief description of the nature, severity, and anticipated
    duration of the medical or family medical emergency affecting the
    applicant.

c.  A statement from a physician or other appropriate expert (e.g. ,
    Christian Science Practitioner, chiropractor, psychologist, etc.)
    and any additional information, as appropriate, that shows the
    nature, severity, and duration of the medical or family medical
    emergency.

D. [Retroactivity\
\
]{.underline} Transferred annual leave may be substituted retroactively
for a period of leave without pay (LWOP) or to liquidate advanced annual
or sick leave granted to the

approved leave recipient to cover absences during a medical or family
medical emergency.

E. [Processing Applications]{.underline}\
\
The actual approval or disapproval of an application must be based on
the determination by designated officials as to whether the potential
leave recipient's absence from duty without available paid leave because
of the medical emergency is (or is expected to be) at least 24 hours.
(In the case of a part-time employee or an employee with an uncommon
tour of duty, the determination should be made on the basis of 30% of
the average number of hours of work in the employee's biweekly scheduled
tour of duty.) Such absence can be consecutive or intermittent hours
during the leave year.

F. [Leave Donations From Other Federal Agencies]{.underline}\
\
This Department will accept the transfer of annual leave from donors
employed in

other Federal agencies, and employees of this Department may donate
annual

leave to employees in other Federal agencies if other agencies will
accept outside

donations.

G.  [Using Transferred Leave]{.underline}

    1.  A recipient's annual and sick leave accrued and accumulated
        prior to the

> approval date of the recipient's application must be used
> [before]{.underline} any
>
> transferred annual leave. In situations involving care for a family
> member,
>
> the leave which must first be used would include sick leave authorized
> by
>
> the Family Friendly Leave Act.

2.  Transferred annual leave may accumulate without regard to the
    limitations

> imposed by 5 U.S.C. 6304(a).

3.  Transferred leave may not be:

    a.  Transferred to another leave recipient.

    b.  Included in a lump-sum payment.

    c.  Made available for recredit upon reemployment by a Federal
        agency.

    d.  Used after the recipient's medical or family medical emergency
        is terminated.

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H.  [Accrual of Annual and Sick Leave]{.underline}

    1.  Once the employee is using the transferred leave, he/she
        continues to accrue annual and sick leave up to a maximum of 40
        hours in each category (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) , regardless of whether it is a family medical or personal
        medical emergency. Once 40 hours of each are accumulated in this
        separate account and the medical emergency still exists, this
        separate leave accumulation [stops.]{.underline}

    2.  This annual and sick leave accrued by the employee while in
        transferred leave status must be kept in a
        [separate]{.underline} leave account from any leave account
        under 5 U.S.C. 6304 and 5 U.S.C. 6307 and must not be available
        for the employee's use until the first applicable pay period
        beginning after the date on which the employee's medical
        emergency [ends, extent that it may be used if the employee
        exhausts all donated leave]{.underline}.

    3.  Any leave recipient who returns to work on a part-time schedule
        while still in a medical emergency situation (e.g., therapy,
        gradual return to work under doctor's orders, family member's
        therapy) will earn [regular]{.underline} annual and sick leave
        (5 U.S. Code 6304 and 6307). If in a given pay period, an
        employee uses some donated leave but also works and uses regular
        leave, all leave earned during that pay period is credited to
        the employee's regular leave account, not the separate account
        described in 2 above. If otherwise permitted, this accrued
        regular leave must be used before any donated leave.

    4.  If an employee who is in a leave transfer status terminates
        his/her Federal service, these separate, 40-hour annual and sick
        leave accruals may not be credited to the employee for lump-sum
        leave purposes.

I.  [Donating Leave]{.underline}

    1.  Without a waiver, a leave donor may [not]{.underline} donate
        more than one-half of the amount of annual leave he/she would be
        entitled to accrue during the leave year in which the donation
        is made. This one-half limit applies whether the leave is
        donated all at one time or in increments at various times during
        the leave year. Waivers can be approved by leave-approving
        officials.

    2.  Without a waiver, a leave donor who is projected to have annual
        leave that otherwise would be subject to forfeiture at the end
        of the leave year may [not]{.underline} donate more than the
        lesser of:

        a.  Half the amount of annual leave he/she would be entitled to
            accrue during the leave year in which the donation is made,
            [or]{.underline}

        b.  The number of work hours remaining in the leave year (as of
            the date of the transfer) for which he/she is scheduled to
            work and receive pay.

    3.  As indicated in the law and regulations, an employee cannot
        donate leave to his/her immediate supervisor.

J. [Restoring Transferred Annual Leave\
\
]{.underline} Upon termination of a medical or family medical emergency,
unused leave

donated to the recipient must be restored to the donor(s) account(s).

630-1-70 VOLUNTARY LEAVE BANK PROGRAM\
\
OPDIVs may elect to establish and administer a Voluntary Leave Bank
Program, consistent with the applicable law and Office of Personnel
Management regulations. A Voluntary Leave Bank Program enables employees
to contribute accrued or accumulated annual leave to a "leave bank". The
leave from this bank may be made available to an employee who requires
leave because of a medical emergency.

630-1-80 EXCUSED ABSENCE

A. [Definition]{.underline}\
\
Excused absence is absence from duty administratively authorized without
loss of pay and without charge to leave. The term "administrative leave"
is sometimes used to refer to excused absence. Both the Merit Systems
Protection Board and the Comptroller General have determined that it is
inappropriate to grant long periods of excused absence for no other
reason than to settle a case or to permit an employee to accumulate
enough time to become eligible to retire.

B. [Excused Absence Situations]{.underline}\
\
Situations where excused absence may be authorized include, but are not
limited to, the following:

1.  Attendance at administrative hearings.

2.  Bone marrow and organ/tissue donation and transplantation (5 U.S.
    Code 6327 grants employees up to 7 days of excused absence for these
    purposes) .

3.  Blood donations.

4.  Holidays for part-time employees. Part-time employees are not
    entitled to (a) holidays designated by law or executive order or (b)
    days observed as holidays when the actual holiday falls on one of
    their nonwork days (see 26 Comptroller General 690, and 32
    Comptroller General 378) . They are not entitled to an in lieu of
    holiday. For example, if Christmas falls on Saturday, the in lieu of
    holiday is Friday for most employees. A part-time employee is not
    entitled to the Friday as a holiday, even if he/she were scheduled
    to work on that day. However, in such a situation, the employee may
    be granted excused absence where, for example, the office is closed
    (see Comptroller General Decision B-210741, April 24, 1984).

5.  Medical Examinations and Treatments.

    a.  Examples are examination in connection with an application for
        disability retirement initiated by the Department, and
        examination or preventive treatment authorized under the Federal
        Employees' Health Program.

    b.  For an employee who suffers a disabling traumatic injury on the
        job, the employee's absence on the day of injury will be
        excused. Continuation of pay (C.O.P.) may be authorized for
        subsequent absences, examinations, or treatments related to a
        traumatic injury. When an employee has exhausted (or is not
        eligible for) the 45 days of C.O.P. and has returned to work,
        then LWOP, annual leave, or sick leave may be granted for
        injury-related examinations or treatment; the employee may then
        apply to the Office of Workers' Compensation Programs for
        compensation or leave buy back for the period in question.

6.  Registration for military service.

7.  Participation in civil defense activities.

8.  Voting and registration.

9.  Inclement weather or closure of work place.

10. Job interviews and other out-placement activities when it is
    determined that this is in the Department's interest. (Downsizing is
    the most common but not the only example where excused absence would
    be appropriate.)

11\. Participation in health and fitness activities. An official with
delegated

authority may approve excused absence for an employee to participate in

health and fitness activities if the activity is officially sponsored
and

administered and for a specific, fixed duration. Examples are Federal

Fitness Day Event, Department sponsored health screening, agency fitness

center orientation, or a smoking cessation program.

C. [Official Time]{.underline}

1.  Official time is not excused absence, but there may be situations
    where an

> employee is authorized to use official time to perform activities
> other than
>
> his/her normal duties. The distinction can be very important because,
> for example, an employee injured while on excused absence may not be
>
> entitled to benefits under the Federal Employees' Compensation Act
>
> (FECA), while an employee injured while on official time may be
> covered.
>
> Official time is included on the employee's Time and Attendance Report
> as normal hours of work and is not entered as administrative leave.

2.  Supervisors may authorize official time in situations such as the
    following:

    a.  For an employee serving as a labor organization representative,
        see 5 U.S.C. 7131 and applicable negotiated agreements.

    b.  For an employee representing another employee in an appeal,
        discrimination complaint, or grievance.

    c.  For an employee preparing a response to a notice of proposed
        adverse action.

    d.  For an employee meeting with an equal employment opportunity
        counselor.

    e.  For employees meeting with employee assistance staff for
        counseling.

    f.  For an employee who has prevailed in a civil rights action
        against the Department, the employee's absence in connection
        with the action should be changed to official time (see 59 CG
        290). A determination to treat such an absence as official time
        can be made only upon conclusion of the court action. While the
        court action is in process, the employee should request annual
        leave or leave without pay in accordance with 630-1-90D.3 below.

    g.  For employees to participate in fitness activities in order to
        help them meet job-related medical standards or physical
        requirements.

630-1-90 COURT LEAVE

A. [Definition.]{.underline}\
\
Court leave is authorized absence of an employee from official duty for
attendance at court and other judicial proceedings, either as a juror or
a witness in certain circumstances, without charge to other leave or
loss of pay.

#### **[Granting of Court Leave]{.underline}**

1.  Court leave is granted to permanent and temporary employees, both
    full-time and part-time, for serving in a nonofficial capacity for:

    a.  Jury duty with a Federal, District of Columbia, State, or local
        court.

    b.  Witness duty on behalf of a State or local government.

    c.  Witness duty on behalf of a private party when the Federal or
        District of Columbia government, or a State or local government,
        is a party to the judicial proceeding.

2.  Intermittent employees may not be granted court leave.

3.  A night shift employee who is eligible for court leave and who is in
    court during the day is granted court leave for the night shift. The
    employee is entitled to the night shift differential.

4.  When an employee is required to serve on a jury or as a witness
    while on annual leave, the leave-approving official must substitute
    court leave if the employee is eligible. An employee who is on leave
    without pay when required to serve is not to be granted court leave.

5.  Court leave granted only for the days of an employee's scheduled
    tour of duty on which the employee performs court service, or for
    portions of such days.

C. [Jury Duty]{.underline}

11. It is Department policy to request exemption of an employee from
    jury

> duty only in those rare cases where the employee's absence would
>
> seriously handicap the work of the Department. In such cases, the
>
> supervisor should prepare a written statement which clearly relates
> how
>
> the work of the Department would be adversely affected and request an
>
> exemption from the appropriate court authority. Employees may request
>
> exemptions for compelling personal reasons on their own initiative.

12. When excused from jury duty for a day or a part of a day, an
    employee

> must return to work if dismissed early enough to return more than 2
> hours
>
> before the tour of duty is over. The official authorized to grant
> court leave
>
> may continue the employee on court leave for the rest of the day in
> such
>
> cases only if the official determines that return to work would
> constitute a
>
> hardship for the employee.

A.  [Witness Duty]{.underline}

    1.  Attendance at a judicial proceeding as a witness in an official
        capacity is

> considered official duty and no leave of any kind is charged.
> Attendance
>
> at a judicial proceeding by an employee who is summoned by the court
> or
>
> authority, or assigned by the Department, to testify in a nonofficial
>
> capacity on behalf of the United States Government or that of the
> District
>
> of Columbia, is also considered official duty. Travel expenses for
> court
>
> attendance may be authorized in situations where the employee is
>
> considered to be performing official duty.

2.  Court leave may be granted to an employee who is testifying in a

> nonofficial capacity on behalf of a State or local government.

3.  Court leave may be granted to an employee who is testifying in a

> nonofficial capacity on behalf of a private party when the United
> States or
>
> District of Columbia Government or a State or local government is a
> party
>
> to the proceeding. (However, court leave is not to be granted to an
>
> employee who appears as a witness on his/her own behalf if such a suit
> is
>
> filed by that employee or if the employee is the defendant in the
> suit. For
>
> absences for this purpose, the employee may request annual leave or
> leave
>
> without pay.)

4.  An employee may request annual leave or leave without pay when the

> employee is testifying in a nonofficial capacity in a court suit
> between
>
> private individuals or companies (i.e., the United States or District
> of
>
> Columbia Government or a State or local government is not a party to
> the
>
> suit).

E. [Procedures]{.underline}

1.  An employee who is called for court service as either a witness or
    juror

> must present the court order, subpoena, or summons to the leave-
>
> approving official. Upon return to duty, the employee must submit to
> the
>
> leave-approving official written evidence, such as a marshal's
> statement,
>
> of court attendance.

2.  Fees received by an employee for jury or witness service for which
    court

> leave is granted or official duty is considered proper cannot be
> retained by
>
> the employee. The employee should accept such fees and submit them to
>
> the appropriate HHS finance office.

a.  Fees may be retained if they are for service outside the regular
    tour of duty or on a non-workday or holiday. Fees may also be
    retained if they are for service as a nonofficial witness in a court
    suit between private individuals or companies, since the employee is
    not on court leave or official duty in such a situation.

b.  Not all monies received for jury or witness service are classified
    as fees. Some government entities provide "expense money " which is
    considered reimbursement for expenses incurred while serving as a
    juror or witness. Expense money received may be retained by the
    employee and need not be refunded to the Federal Government.

630-1-100 MILITARY LEAVE\
\
Military leave is the authorized absence of an employee from official
duty to perform active military duty, active duty for training, or law
enforcement. Military leave is not authorized for inactive duty training
(usually weekend drills).

A. [Eligibility\
\
]{.underline}Full-time and part-time employees with permanent
appointments are eligible for military leave. (Part-time employees must
have scheduled tours of duty of 16 to 32 hours a week.)

### **[Types of Military Leave]{.underline}**

1.  Full-time employees who are members of the National Guard or the
    Armed Forces Reserves are entitled to 15 [calendar]{.underline} days
    of [regular]{.underline} military leave in a [fiscal]{.underline}
    year for active duty or active duty for training. (See 5 U.S. Code
    6323(a).)

    a.  For members of the National Guard, the active duty or training
        must be service for the Federal Government and not just for the
        State.

    b.  For part-time employees, the leave is Prorated, by multiplying
        the scheduled number of hours in the employee's work week by 15
        (the maximum number of days per year) and then dividing by 40
        (the number of hours in a regular work week) . For example, an
        employee who works 32 hours a week is entitled to 12 days of
        regular military leave per year (i.e., 32 times 15 = 480,
        divided by 40 = 12).

2.  In addition, employees who are members of the National Guard or the
    Armed Forces Reserves are entitled to 22 [work days]{.underline} of
    [special]{.underline} military leave in a [calendar]{.underline}
    year for the purpose of providing military aid to enforce the law.
    (See 5 U.S. Code 6323(b).)

3.  Employees who are members of the National Guard of the District of
    Columbia (D.C.) are entitled to unlimited military leave for all
    days of parade or encampment. (See 5 U.S. Code 6323©.)

C. [Accumulating Military Leave]{.underline}

1.  Employees who are entitled to regular military leave but who do not
    use

> the entire 15 calendar days (or prorated earnings, for part-timers)
> may
>
> carry over the unused portion from one fiscal year to the next. A
> maximum
>
> of 15 days can be carried over.

2.  Employees who are entitled to special military leave may not carry
    over

> any unused portion of the 22 work days to the next calendar year.

D. [Charges for Military Leave]{.underline}

1.  For those employees who are entitled to regular military leave, the
    leave is

> charged in increments of one day and includes nonwork days falling
>
> [within]{.underline} the period of absence on military duty. (See 52
> CG 471.) The fact
>
> that more than one set of orders may be involved is not sufficient
> reason to
>
> consider a continuous period of absence as separate periods of
> military
>
> duty (see 61 CG 558). Nonwork days falling at the
> [beginning]{.underline} or [end]{.underline} of
>
> included in the period of military B-133674).

2.  Employees may use up to 30 days of military leave in any fiscal
    year. The

> military leave may be used during one or more periods of military duty
>
> during the fiscal year.

3.  Employees may take the full 15 days of military leave at the
    beginning of

> the fiscal year, even if the maximum of 30 days of military leave had
> been
>
> taken during the prior fiscal year and even if the military service is
>
> continuous. (See CG Decision B-241272.)

1.  For those employees who are entitled to special military leave, the
    leave is charged in the same increments as annual and sick leave.

2.  For those employees who are entitled to-unlimited military leave for
    parades and encampments, the military leave is charged in increments
    of one day. (See 60 CG 381.)

E. [Crediting Military Pay Against Civilian Pay]{.underline}

1.  For those employees who are entitled to regular military leave, the

> employee may retain the military pay as well as the civilian pay.

2.  For those employees who are entitled to special military leave, the

> employee's civilian pay is offset by the amount of the military pay.
> (See
>
> 5 U.S. Code 5519.)

3.  For those employees who are entitled to unlimited military leave for

> parades and encampments, the employee's civilian pay is offset by the
>
> amount of the military. (See 5 U.S. Code 5519.)

F. [Documentation]{.underline}\
\
Employees called to military duty must furnish to their leave-approving
official a

copy of their military orders or a statement from their commanding
officer.

630-1-110 TRANSFER AND RECREDIT OF LEAVE BETWEEN THE CIVIL\
SERVICE AND OTHER LEAVE SYSTEMS

A.  [Statutory Requirements]{.underline}

    1.  5 U.S.C. 6308 requires the transfer of leave between different
        leave systems when there is no break in service. This provision
        has been interpreted by the Comptroller General to include the
        Commissioned Corps leave system. (See 34 CG 287.)

    2.  5 U.S.C. 6306 requires a refund and recredit of annual leave
        when an individual is reemployed in the same leave system or a
        different leave system before the end of the period covered by
        the lump-sum leave payments made to Commissioned Corps officers
        under 37 U.S.C. 501(g). (See CG Decision B-119016, dated July
        20, 1956.)

B. [Break in Service]{.underline}\
\
A break in service means a break of:

1.  [One or more calendar days]{.underline} when an individual leaves a
    position in which

> his/her leave account is maintained on the basis of a 7-day work week
>
> (e.g., Commissioned Corps leave system).

2.  [One or more work days]{.underline} (including holidays) when an
    individual leaves a

> position in which his/her leave account is maintained on a 5-day work
>
> week basis (e.g., civil service leave system) .

B.  [Transfer and Recredit of Annual Leave]{.underline}

1\. [Adjustment of Leave\
\
]{.underline} When annual leave is transferred between different leave
systems, 7 [calendar days]{.underline} of leave are considered equal to
5 [work days]{.underline} of leave. Thus , employees appointed to the
Commissioned Corps from a civil service position would have their leave
augmented by seven-fifths, while an appointment to a civil service
position from the Commissioned Corps would result in a reduction to
five-

sevenths of the officer's leave account.

2\. [Maximum Amount Transferred or Recredited]{.underline}

a.  Officers or employees transferring between different leave systems
    without a break in service may transfer all annual leave to their
    credit at the time of transfer (see 48 CG 212).

b.  Officers or employees who have a break in service and are reemployed
    under a different leave system before the end of the period covered
    by their lump-sum leave payment will be recredited with annual leave
    representing the unexpired portion of their lump-sum leave payment.
    Any leave to their credit which was not included in their lump-sum
    payment will not be recredited upon reemployment. Such leave was
    forfeited at the time of separation. (See 33 CG 85.) (Since
    Commissioned Corps officers can receive a lump-sum payment for a
    maximum of 60 days, they may be allowed to use-any leave above this
    amount before they separate from the Corps if they will have a break
    in service before being employed in the civil service.)

3\. [Leave Ceiling]{.underline}

a.  The maximum carryover (or leave ceiling) for Commissioned

> Corps annual leave is 60 calendar days, as opposed to 30 work
>
> days under the civil service leave system. This ceiling is the maximum
> amount of annual leave that can be carried forward from
>
> one leave year to the next and that can be paid to an officer as a
>
> lump-sum leave payment upon separation. For officers appointed to
> civil service positions, the amount of leave that can be carried
> forward from one leave year to the next will be the amount of leave
>
> credited to them at the time of their civil service appointment,
> except this cannot exceed 60 days of Commissioned Corps leave
>
> (342 hours when converted). This amount will remain to their
>
> credit as accumulated leave until used. The use during any leave year
> of an amount in excess of the leave they accrue during the year will
> automatically reduce this maximum allowable accumulation until the
> accumulation no longer exceeds the maximum allowed for other employees
> under the civil service
>
> leave system.

b\. For example, if an officer transfers to the civil service in July
with

75 days of Commissioned Corps annual leave (429 hours when converted to
civil service leave) , at the end of the leave year the employee can
carry over a maximum of 342 hours (which is the

equivalent of 60 days of Commissioned Corps leave ) . The extra 87 hours
transferred with the employee, plus the civil service leave earned since
July, must be used by the end of the leave year, or

they will be forfeited.

D. [Transfer and Recredit of Sick Leave\
\
]{.underline} Since the Commissioned Corps leave system does not provide
an accumulation or accrual of sick leave, there will be no transfer of
sick leave when an officer is appointed from the Commissioned Corps to a
civil service position. When individuals are appointed to the
Commissioned Corps from the civil service leave system and they have
sick leave to their credit, no sick leave is transferred. (See

33 CG 85.) However, the sick leave will be recredited to the individuals
if they return to the civil service leave system after separation from
the Commissioned

Corps.

E. [Transfer of Leave From Other Leave Systems]{.underline}

> When an employee from another Federal agency with a different leave
> system transfers to a civil service position in this Department, the
> employee's leave should be transferred in accordance with 5 CFR, Part
> 630, Subpart E, and 48 CG 212. For example, a nurse in the Veterans
> Administration earns 8 hours of annual leave per pay period and may
> accumulate a maximum of 685 hours. If a nurse with an accumulation of
> 685 hours transfers to a civil service position in this Department,
> the 685 hours will constitute the employee's annual leave ceiling
> (rather than the normal 240 hours). When the nurse uses more leave
> than he/she accrues during a year, the leave balance at the end of the
> leave year becomes the employee's new maximum carryover (until it
> reaches the normal 240-hour carryover).

120. CREDITABLE SERVICE BASED ON NON-FEDERAL EXPERIENCE FOR ANNUAL LEAVE
     ACCRUAL

A. PURPOSE

> This supplements the Office of Personnel Management (OPM) regulations
> at 5 CFR 630.205, titled "Absence and Leave: Creditable Service".
> OPM's interim regulations implementing Section 202a of the Federal
> Workforce Flexibility Act of 2004, allows the head of an agency to
> provide credit for the purpose of determining an employees annual
> leave accrual rate for prior work experience that otherwise would not
> be creditable.

###### **B. AUTHORITY**

5 U.S.C. 6303

5 CFR 630.205

70 Federal Register 20457

C. POLICY (Interim)

> It is the policy of HHS to allow the flexibility of offering potential
> job candidates a service credit towards their annual leave accrual
> rate. This hiring flexibility is to be used as a recruitment incentive
> for employees that will be newly appointed or employees being
> reappointed after a break in service of 90 days or more. The credited
> experience must have been obtained in a non-Federal or active duty
> military position having duties that directly relate to the duties of
> the position to be filled. The OPDIV/STAFFDIV Head and human resources
> officials must concur that this experience is necessary to achieve an
> important Department mission or performance goal.

### **D. RESPONSIBILITY**

> 1\. **Office of Human Resources (OHR), Office of the Assistant
> Secretary for Administration and Management (ASAM), Office of the
> Secretary (OS)** -
>
> The OHR is responsible for developing and issuing this policy. The
> Deputy Assistant Secretary for Human Resources (DASHR) has authority
> to interpret and issue human resources policy within HHS.

2\. **Operating Division (OPDIV)/Staff Division (STAFFDIV) Heads** --
The OPDIV

or STAFFDIV Heads or their designees must approve that the selectee's

experience is necessary to achieve an important Department mission or

performance goal.

3\. **Human Resources (HR) Directors** -- The Human Resources (HR)
Directors have

authority to implement the OPM's regulations under 5 CFR 630.205. For
the

purpose of this document a HR Director will include the Human Resources
Center

Directors (Rockville, Baltimore, and Atlanta) as well as the HR Director
for the

National Institutes of Health and the HR Director for the Indian Health
Service.

Using 5 CFR 630.205, the HR Directors must:

a\. In conjunction with the selecting official, determine that the
selectee hired:

(1) Has the skills and experience necessary and essential to the
    position.

(2) Acquired the skills and experience through the performance of duties
    in a non-Federal position or an active duty uniform position that
    directly relates to the duties of the position for which the
    individual has been selected.

b\. Determine the amount of service to be credited for leave purposes.
This

amount may not exceed the actual period of service during which the

individual performed duties directly related to the position to which he
or

she is being appointed.

> c\. Approve all documentation prior to the effective date of the
> employee's
>
> entry on duty, and grant service credit prior to the employee's entry
> on
>
> duty.

### **E. DOCUMENTATION**

> The selectee must provide written documentation, acceptable to the
> agency, of his or her qualifying service. All documentation must be
> approved by the HR Director prior to the effective date of the
> employee's entry on duty. Credit is to be granted effective on the
> date that the employee enters on duty in the relevant position.
>
> The HRC Director shall justify and document (Attachment A) his or her
> reasons for the granting of credit. Such documentation shall include:
>
> 1\) a copy of the position description for the position being filled
> and the vacancy
>
> announcement for the position (if applicable);
>
> 2\) the selectee's resume, which in the case of non-Federal personnel,
> must
>
> clearly document the length and nature of the service to be credited
> or be
>
> supplemented by supporting documentation to this effect;
>
> 3\) for each period of service for which credit is granted, an
> explanation of how the
>
> duties relate to the position to which the selectee will be appointed;
> and
>
> 4\) in the case of active duty uniformed service credited, a form
> DD214 documenting the service.

5)  For each grant of credit, a copy of the justification and
    documentation, position description, vacancy announcement, and
    resume (both non-federal and uniformed service) shall be submitted
    to their Human Resource Director with sufficient time to allow
    approval prior to the effective date of the employee's entry on
    duty.

F. SUSPENSION OF CREDITABLE SERVICE

In order to retain this service credit beyond his or her initial
appointment, an employee must complete one full year of continuous
service with the OPDIV/STAFFDIV. Should an employee leave the position
prior to his or her first full year of employment, the Department must
recalculate his or her service computation date for leave purposes;
however, the employee will retain all accrued or accumulated annual
leave for purposes of transfer or lump-sum leave payment.

For guidance for processing personnel actions or additional information,
please contact your Human Resource Center Leave Coordinator. Questions
and answers on the interim regulations can be viewed at

<http://www.opm.gov/oca/compmemo/2005/2005-07_QA.asp>.

G. REPORTING

The HR Directors shall submit an annual report to the Deputy Assistant
Secretary for Human Resources on the use of this policy. The report
should contain information on the total number of selectees who were
granted service credit during the previous fiscal year, the amount of
annual leave the selectee was granted; and the number of positions
designated necessary to achieve an important Department mission and
goal. This report is due on or before October 30.

In addition, the DASHR may rescind this authority if it is determined
that this flexibility is used inappropriately.

Attachment A

DEPARTMENT OF HEALTH AND HUMAN SERVICES

JUSTIFICATION FOR CREDITING PRIOR EXPERIENCE

TOWARDS AN EMPLOYEE'S ANNUAL LEAVE ACCRUAL RATE

The Office of Personnel Management issued interim regulations on April
28, 2005, to implement Section 202(a) of the Federal Workforce
Flexibility Act of 2004. Section 202(a) amends 5 U.S.C. 6303 to provide
OPM with the authority to prescribe regulations under which a newly
appointed or re-appointed employee who is covered by the Federal annual
and sick leave program, may be given service credit for prior experience
that otherwise would not be creditable for the purpose of determining
the employee's annual leave accrual rate.

OPM has added regulations at 5 CFR 630.205(a) to allow the head of an
agency or designee the authority to grant a newly appointed or
reappointed employee with service credit for annual leave accrual rate
purposes based on prior non-Federal work experience or a period of
active duty in a uniformed service.

Employees
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Position, Pay plan, Series,
Grade:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Prior to granting such credit, the HR Director must determine that
> this employee meets both of the following conditions through reviewing
> justifications from the requesting organization:
>
> 1\. The skills and experience that this employee possesses are
> essential to the new position and were acquired through performance in
> a non-Federal position having duties that directly related to the
> position to which he or she is being appointed. Justification:

2.  The use of this authority is necessary to achieve an important
    agency mission or performance goal. Justification:

*Note: The vacancy announcement, position description(s), and employee's
application package must be attached to this justification. If the
service credit is based on a period of active duty in a uniformed
service, you must also attach the employees DD-214 documenting this
service.*

REVIEWS AND APPROVALS

  -------------------------------- ----------------------- --------------
  OPDIV/Center Recommending        Title                   Date
  Official's Signature                                     

  OPDIV/Center Approving           Title                   Date
  Official's Signature                                     

  HR Director's Signature          Title                   Date
  -------------------------------- ----------------------- --------------

> *HHS/OS/ASAM/OHR 9/14/05*
>
> DEPARTMENT OF HEALTH AND HUMAN SERVICES

#### CREDITABLE SERVICE FOR ANNUAL LEAVE ACCRUAL SERVICE AGREEMENT

Name (Type/Print First, Middle, Last[)]{.underline}
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

In consideration of service credit I am receiving towards my leave
accrual rate and service computation date for which I am entitled to
under the policies of the Department of Health and Human Services, I
hereby agree:

1\. To serve in (OPDIV) \_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. for a minimum of 1
full year of continuous service.

> 2\. That I am a newly appointed employee or an employee who is being
> reappointed following a break in service of at least 90 calendar days
> after my last period of civilian Federal employment.

3\. That the amount of service credited to me shall be determined by the
HR Director or his/her designee as prescribed by the HHS policy for
Credible Service for Annual Leave Accrual. The service credited under
this agreement is \_\_\_\_\_\_\_\_\_\_years, months,
\_\_\_\_\_\_\_\_\_days.

4\. That my annual leave accrual rate will be:  4 hours  6 hours  8
hours / bi- weekly.

5\. That my service computation date for annual leave accrual purposes
will be: \_\_\_/\_\_/\_\_\_\_.

mm/dd/yyyyy

6\. That acceptance of this agreement does not alter the conditions or
terms of my employment.

7\. That this credit of service is based solely on the position to which
I am assigned and is not associated with my performance and/or conduct.
Accordingly, this agreement will not preclude nor limit the Department
of Health and Human Services from effecting personnel actions as may be
appropriate.

8\. That in the event I separate from Federal service or transfer to
another agency or HHS OPDIV prior to completing 1 full year of
continuous service, my service computation date will be re-calculated
subtracting the credit that I received under this agreement.

9\. That HHS policy is incorporated into and made a part of this
agreement and I have read this policy.

+-----------------------------------------------------------------------+
| I                                                                     |
| \_\_\_\_\_\_\_\_\_                                                    |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, |
| agree to the terms of this agreement on                               |
|                                                                       |
| Name (printed)                                                        |
|                                                                       |
| \_\_\_/\_\_/\_\_\_\_.                                                 |
|                                                                       |
| mm/dd/yyyyy                                                           |
|                                                                       |
| \_\_\_\_\_\_\_\_\                                                     |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
|                                                                       |
| Employee Signature                                                    |
+-----------------------------------------------------------------------+

###### REVIEWS AND APPROVALS

  ----------------------------------- ----------------------- -----------
  OPDIV/Center Recommending           Title                   Date
  Official's Signature                                        

  OPDIV/Center Approving Official's   Title                   Date
  Signature                                                   

  HR Director's Signature             Title                   Date

  I certify that the information      HR Specialist's         Date
  entered on this form is accurate    Signature and Title     
  and that the proposed service                               
  credit is in compliance with                                
  statutory and regulatory                                    
  requirements.                                               
  ----------------------------------- ----------------------- -----------

*HHS/OS/ASAM/OHR*