[Federal Register Volume 62, Number 212 (Monday, November 3, 1997)]
[Proposed Rules]
[Pages 59301-59304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28970]


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OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN: 3206-AI03


Emergency Leave Transfer Program

AGENCY: Office of Personnel Management.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Office of Personnel Management is issuing proposed 
regulations governing the establishment of an emergency leave transfer 
program to permit the transfer of unused annual leave to Federal 
employees adversely affected by a major disaster or emergency, as 
declared by the President.

DATES: Comments must be received on or before January 2, 1998.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead, 
Assistant Director for Compensation Administration, Office of Personnel 
Management, Room 7H31, 1900 E Street NW., Washington, DC 20415; FAX 
(202) 606-0824; or email to <a href="/cdn-cgi/l/email-protection#19697860757c786f7c59766974377e766f"><span class="__cf_email__" data-cfemail="512130283d34302734113e213c7f363e27">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Jo Ann Perrini, (202) 606-2858, FAX 
(202) 606-0824, or email to <a href="/cdn-cgi/l/email-protection#b1c1d0c8ddd4d0c7d4f1dec1dc9fd6dec7"><span class="__cf_email__" data-cfemail="3646574f5a535740537659465b18515940">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 9004 of Pub. L. 105-18, June 12, 
1997, added section 6391 to title 5, United States Code, to provide 
that in the event of a major disaster or emergency, as declared by the 
President, that results in severe adverse effects for a substantial 
number of employees, the President may direct the Office of Personnel 
Management (OPM) to establish an emergency leave transfer program under 
which an employee in any Executive agency may donate annual leave for 
transfer to employees of his or her agency or to employees in other 
agencies who are adversely affected by such disaster or emergency. The 
Act also permits agency leave banks established under 5 U.S.C. 6362 to 
donate leave under an emergency leave transfer program established by 
OPM.
    The Federal leave sharing program has proven to be an effective and 
cost-efficient means of allowing Federal employees to help their fellow 
workers in times of need. Under the current voluntary leave transfer 
program established under 5 U.S.C. 6332, an employee may donate unused 
annual leave for transfer to other Federal employees who have medical 
emergencies and who have exhausted their own leave. The emergency leave 
transfer program will be in addition to the voluntary leave transfer 
and leave bank programs and will provide leave benefits specific to the 
needs of employees affected by major disasters or emergencies. The 
emergency leave transfer program will permit employees to donate annual 
leave to employees who do not necessarily face a medical emergency but 
who need to take leave because of other effects of disasters or 
emergencies, such as a flood or an earthquake that has destroyed an 
employee's property or an emergency situation such as that created by 
the Oklahoma City bombing on April 19, 1995. In addition, employees 
approved as emergency leave recipients under the emergency leave 
transfer program will be able to use donated leave without having to 
exhaust their own accrued and accumulated annual and sick leave.

Establishment of Emergency Leave Bank

    When directed by the President, OPM will establish an emergency 
leave transfer program for a major disaster or emergency that is 
declared by the President under which employees may transfer their 
unused annual leave to employees in their own agencies or other 
agencies who are adversely affected by the disaster or emergency. We 
anticipate that the authority to establish an emergency leave transfer 
program for an emergency or disaster declared by the President will be 
exercised only after appropriate consultation with the agencies 
affected by the emergency or disaster. OPM will establish and maintain 
an emergency leave bank for each such disaster or emergency that will 
contain the aggregate amount of annual leave donated by emergency leave 
donors in the agencies for a specific disaster or emergency. OPM will 
coordinate the transfer of donated annual leave from each agency to the 
emergency leave bank. An emergency leave donor may not contribute 
annual leave for transfer to a specific emergency leave recipient under 
this program. However, an employee may continue to donate his or her 
unused annual leave to a specific leave recipient under the separate 
authority for voluntary leave transfer in

[[Page 59302]]

5 U.S.C. 6332 and must follow the rules governing that program.
    Each agency will be responsible for approving an emergency leave 
recipient and determining the amount of donated annual leave to be 
transferred to each of its approved emergency leave recipients. The 
agency must notify OPM of the aggregate amount of donated annual leave 
needed for transfer from the emergency leave bank to its approved 
emergency leave recipients. The minimum amount of annual leave an 
emergency leave donor may contribute in a leave year is 1 hour, and the 
maximum is 104 hours. In unusual situations, OPM may waive the 
limitations on donating annual leave.
    To ensure that a sufficient amount of donated annual leave is 
available for all affected employees, emergency leave recipients may 
receive a maximum of 240 hours of donated leave at any one time from 
the emergency leave bank for each disaster or emergency. Emergency 
leave recipients may substitute donated leave retroactively for any 
period of leave without pay or advanced annual or sick leave used as 
result of the disaster or emergency. In addition, while an emergency 
leave recipient is in a shared leave status (i.e., using donated leave 
to recover from the disaster or emergency), annual and sick leave will 
continue to accrue to the credit of the employee without limitation. 
Any accrued annual leave is subject to the maximum annual leave 
ceilings established by 5 U.S.C. 6304(a), (b), (c), or (f).

Termination of Disaster or Emergency

    Annual leave donated to an emergency leave bank for a specific 
disaster or emergency cannot be transferred to another emergency leave 
bank. When a disaster or emergency terminates, OPM will return to the 
donating agencies any donated annual leave that was not used by the 
emergency leave recipients. The amount of donated leave returned will 
be proportional to the amount of annual leave donated by the agency to 
the emergency leave bank for the disaster or emergency. Each agency 
will be responsible for determining the amount of returned annual leave 
to be restored to each of its emergency leave donors based on agency 
records of the amount of annual leave donated by the leave donor.

Redesignating Subpart K--Reservist Leave Bank Program

    Subpart K of 5 CFR part 630, Reservist Leave Bank Program, is 
redesignated in its entirety as subpart M of 5 CFR part 630. The 
proposed rules for the new Emergency Leave Transfer Program are added 
as subpart K of 5 CFR part 630.

E.O. 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with E.O. 12866.

Regulatory Flexibility Act

    I certify that these regulations will not have a significant 
economic impact on a substantial number of small entities because they 
will affect only Federal employees and agencies.

List of Subjects in 5 CFR Part 630

    Government employees.

    Office of Personnel Management.
Janice R. Lachance,
Acting Director.
    Accordingly, OPM is amending part 630 of title 5 of the Code of 
Federal Regulations as follows:

PART 630--ABSENCE AND LEAVE

    1. The authority citation for part 630 is revised to read as 
follows:

    Authority: 5 U.S.C. 6311; Sec. 630.301 also issued under Pub. L. 
103-356, 108 Stat. 3410; Sec. 630.303 also issued under 5 U.S.C. 
6133(a); Secs. 630.306 and 630.308 also issued under 5 U.S.C. 
6304(d)(3), Pub. L. 102-484, 106 Stat. 2722, and Pub. L. 103-337, 
108 Stat. 2663; subpart D also issued under Pub. L. 103-329, 108 
Stat. 2423; Sec. 630.501 and subpart F also issued under E.O. 11228, 
30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G also issued under 5 
U.S.C. 6305; subpart H also issued under 5 U.S.C. 6326; subpart I 
also issued under 5 U.S.C. 6332, Pub. L. 100-566, 102 Stat. 2834, 
and Pub. L. 103-103, 107 Stat. 1022; subpart J also issued under 5 
U.S.C. 6362, Pub. L 100-566, and Pub. L. 103-103; subpart K also 
issued under Pub. L. 102-25, 105 Stat. 92; subpart L also issued 
under 5 U.S.C. 6387 and Pub. L. 103-3, 107 Stat. 23; and subpart M 
also issued under 5 U.S.C. 6391 and Pub. L. 105-18, 111 Stat. 158.

    2. In part 630, subpart K (consisting of Secs. 630.1101 through 
630.1109) is redesignated as subpart M (consisting of Secs. 630.1301 
through 630.1309); a new subpart K (consisting of Secs. 630.1101 
through 630.1106) is added; and in the newly redesignated subpart M, 
for each section indicated in the left column, the citations in the 
middle column are removed wherever they appear in the section, and the 
citations in the right column are added to read as follows:

Subpart K--Emergency Leave Transfer Program

Sec.

630.1101  Purpose, applicability, and administration.
630.1102  Definitions.
630.1103  Establishment of emergency leave transfer program.
630.1104  Transfer of annual leave.
630.1105  Limitations on donation and use of annual leave.
630.1106  Termination of disaster or emergency.

Subpart K--Emergency Leave Transfer Program


Sec. 630.1101  Purpose, applicability, and administration.

    (a) Purpose. This subpart provides regulations to implement section 
6391 of title 5, United States Code, and must be read together with 
section 6391. Section 6391 of title 5, United States Code, provides 
that in the event of a major disaster or emergency, as declared by the 
President, that results in severe adverse effects for a substantial 
number of employees, the President may direct the Office of Personnel 
Management (OPM) to establish an emergency leave transfer program under 
which an employee may donate unused annual leave for transfer to 
employees of his or her agency or to employees in other Executive 
agencies who are adversely affected by such disaster or emergency.
    (b) Applicability. This subpart applies to any individual who is 
defined as an ``employee'' in 5 U.S.C. 6331(1) and who is employed in 
an Executive agency.
    (c) Administration. The head of each agency having employees 
subject to this subpart is responsible for the proper administration of 
this subpart. Each Federal agency shall establish and administer 
procedures to permit the voluntary transfer of annual leave consistent 
with this subpart.


Sec. 630.1102  Definitions.

    In this subpart--
    Agency means an ``Executive agency,'' as defined in 5 U.S.C. 105.
    Disaster or emergency means a major disaster or emergency, as 
declared by the President, that results in severe adverse effects for a 
substantial number of employees (e.g., loss of life or property, 
serious injury, or mental illness as a result of direct threat to life 
or health).
    Emergency leave bank means a pooled fund of annual leave 
established by OPM under Sec. 630.1103(b) for employees who are 
adversely affected by a disaster or emergency.
    Emergency leave donor means a current employee whose voluntary 
written request for transfer of annual leave to an emergency leave bank 
is approved by his or her employing agency.
    Emergency leave recipient means a current employee for whom the 
employing agency has approved an

[[Page 59303]]

application to receive annual leave from an emergency leave bank.
    Emergency shared leave status means the administrative status of an 
employee while the employee is using leave transferred from an 
emergency leave bank.
    Employee has the meaning given that term in 5 U.S.C. 6331(1).
    Leave year has the meaning given that term in Sec. 630.201.
    Paid leave status under subchapter I has the meaning given that 
term in Sec. 630.902.


Sec. 630.1103  Establishment of emergency leave transfer program.

    (a) When directed by the President, OPM will establish an emergency 
leave transfer program for a major disaster or emergency that is 
declared by the President. The emergency leave transfer program will 
permit an employee to donate his or her accrued annual leave for 
transfer to employees of the same or other Executive agencies who are 
adversely affected by such disaster or emergency.
    (b) OPM will establish an emergency leave bank for each disaster or 
emergency for which the President directs OPM to establish an emergency 
leave transfer program. Each emergency leave bank established under 
this paragraph will contain the aggregate amount of annual leave 
donated by emergency leave donors to employees affected by the disaster 
or emergency for which the emergency leave bank was established. OPM 
will determine the period of time for which donations of accrued annual 
leave may be accepted for each emergency leave bank.
    (c) Each Federal agency shall--
    (1) Accept annual leave donated by emergency leave donors for each 
declared disaster or emergency;
    (2) Debit the amount of annual leave donated to an emergency leave 
bank from each emergency leave donor's annual leave account;
    (3) Maintain records on the amount of leave donated by each 
emergency leave donor for a specific emergency leave bank (for the 
purpose of restoring unused transferred annual leave under 
Sec. 630.1105(i)); and
    (4) Report the aggregate amount of annual leave donated to an 
emergency leave bank to OPM.
    (d) A leave bank established under subchapter IV of chapter 63 of 
title 5, United States Code, and subpart J of this part 630 may, with 
the concurrence of the leave bank board established under 
Sec. 630.1003, donate annual leave to an emergency leave bank.


Sec. 630.1104  Transfer of annual leave.

    (a) An employee may submit a voluntary written request to his or 
her employing agency that a specified number of hours of his or her 
accrued annual leave, consistent with the limitations in 
Sec. 630.1105(a), be transferred from his or her annual leave account 
to an emergency leave bank established under Sec. 630.1103(b). An 
emergency leave donor may not donate annual leave for transfer to a 
specific emergency leave recipient under this subpart.
    (b) OPM will notify each affected agency of the aggregate amount of 
donated annual leave that will be credited to the agency for transfer 
by the agency to its approved emergency leave recipient(s).
    (c) An employee who has been affected by a disaster or emergency 
(or his or her personal representative) may make written application to 
his or her employing agency to become an emergency leave recipient. The 
employee's application shall include a statement describing his or her 
need for leave from an emergency leave bank.
    (d) Each affected agency shall--
    (1) Take action to approve or disapprove a request to become an 
emergency leave recipient based on evidence administratively acceptable 
to the agency;
    (2) Determine the amount of donated annual leave to be transferred 
to each emergency leave recipient (an amount that may vary according to 
individual needs);
    (3) Notify OPM of the total number of approved emergency leave 
recipients and the aggregate amount of donated annual leave needed for 
transfer from the emergency leave bank; and
    (4) Credit the annual leave account of each approved emergency 
leave recipient as soon as possible after the date OPM notifies the 
agency of the amount of donated annual leave that will be credited to 
the agency under paragraph (b) of this section.


Sec. 630.1105  Limitations on donation and use of annual leave.

    (a) An emergency leave donor may not contribute less than 1 hour 
nor more than 104 hours of annual leave in a leave year. In unusual 
situations, OPM may waive the maximum limitation on donating annual 
leave under this section.
    (b) Annual leave donated under this subpart may not be applied 
against the limitations on annual leave that may be donated under the 
voluntary leave transfer or leave bank programs established under 5 
U.S.C. 6332 and 6362, respectively.
    (c) An emergency leave recipient may receive a maximum of 240 hours 
of donated annual leave at any one time from an emergency leave bank 
for each disaster or emergency.
    (d) Each emergency leave recipient shall use the donated annual 
leave for purposes related to the disaster or emergency for which the 
emergency leave recipient was approved.
    (e) Annual leave transferred under this subpart may be--
    (1) Substituted retroactively for any period of annual leave, sick 
leave, or leave without pay used as a result of the disaster or 
emergency, or
    (2) Used to liquidate an indebtedness incurred by the emergency 
leave recipient for advanced annual or sick leave used as a result of 
the disaster or emergency.
    (f) While an emergency leave recipient is in an emergency shared 
leave status under this subpart, annual and sick leave shall accrue to 
the credit of the employee at the same rate as if the employee were in 
a paid leave status under subchapter I of chapter 63 of title 5, United 
States Code, and shall be subject to the limitations imposed by 5 
U.S.C. 6304(a), (b), (c), and (f) at the end of the leave year in which 
the transferred annual leave is received.
    (g) Annual leave transferred under this subpart may not be--
    (1) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552;
    (2) Made available for recredit under 5 U.S.C. 6306 upon 
reemployment by a Federal agency; or
    (3) Used to establish initial eligibility for immediate retirement 
or acquire eligibility to continue health benefits into retirement 
under 5 U.S.C. 6302(g).
    (h) When OPM determines that a disaster or emergency has terminated 
under Sec. 630.1106(a)(1), OPM will return to the donating agencies any 
annual leave donated to an emergency leave bank that is not used by an 
approved emergency leave recipient. The amount of remaining annual 
leave to be returned to each agency will be proportional to the amount 
of annual leave donated by the agency to the emergency leave bank for 
such disaster or emergency. Annual leave donated to an emergency leave 
bank for a specific disaster or emergency may not be transferred to 
another emergency leave bank.
    (i) Under procedures established by the donating agency, the agency 
shall determine the amount of annual leave returned under paragraph (h) 
of this section to be restored to each of the emergency leave donors 
who, on the date leave restoration is made, is employed by a Federal 
agency. At the election of the emergency leave donor,

[[Page 59304]]

unused transferred annual leave restored to the emergency leave donor 
under paragraph (h) of this section may be restored by--
    (1) Crediting the restored annual leave to the emergency leave 
donor's annual leave account in the current leave year; or
    (2) Crediting the restored annual leave to the emergency leave 
donor's annual leave account effective as of the first day of the first 
leave year beginning after the date of election.


Sec. 630.1106  Termination of disaster or emergency.

    The disaster or emergency affecting an emergency leave recipient 
shall terminate--
    (a) When OPM determines that the disaster or emergency has 
terminated;
    (b) When the emergency leave recipient's Federal service 
terminates;
    (c) At the end of the biweekly pay period in which the emergency 
leave recipient, or his or her personal representative, notifies the 
employing agency that he or she is no longer affected by such disaster 
or emergency;
    (d) At the end of the biweekly pay period in which the employing 
agency determines, after written notice from the agency and an 
opportunity for the emergency leave recipient, or his or her personal 
representative, to answer orally or in writing, that the emergency 
leave recipient is no longer affected by such disaster or emergency; or
    (e) At the end of the biweekly pay period in which the emergency 
leave recipient's employing agency receives notice that OPM has 
approved an application for disability retirement for the emergency 
leave recipient under the Civil Service Retirement System or the 
Federal Employees' Retirement System.


Secs. 630.1304, 630.1308, and 630.1309  [Amended]

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                 Section                               Remove                                Add                
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630.1304(c).............................  Sec.  630.1109(b)(1)............  Sec.  630.1309(b)(1).               
630.1308(b).............................  Sec.  630.1107..................  Sec.  630.1307.                     
630.1309(b)(1) and (d)..................  Sec.  630.1104(c)...............  Sec.  630.1304(c).                  
630.1309(d).............................  Sec.  630.1103(b)...............  Sec.  630.1303(b).                  
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[FR Doc. 97-28970 Filed 10-31-97; 8:45 am]
BILLING CODE 6325-01-P


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