Federal Register: January 5, 2005 (Volume 70, Number 2)
DOCID: FR Doc 04-28544
OFFICE OF PERSONNEL MANAGEMENT
Veterans Affairs Department
CFR Citation: 5 CFR Parts 353, 530, 531, 550, 575, 610, and 630
RIN ID: RIN 3206-AK61
NOTICE: Part IV
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY:
Restoration to Duty From Uniformed Service or Compensable Injury; Payrates and Systems (General); Pay Under the General Schedule; Pay Administration (General); Pay Administration Under the Fair Labor Standards Act; Recruitment and Relocation Bonuses; Retention Allowances; Supervisory Differentials; Hours of Duty; and Absence and Leave
DATES: Comments must be received on or before March 7, 2005.
DOCUMENT SUMMARY:
The Office of Personnel Management is issuing proposed regulations to amend the rules concerning the determination of official duty station for locationbased pay entitlements, compensatory time off for religious observance, hours of work and alternative work schedules, and absence and leave. In addition, the proposed regulations are being issued to aid and support the standardization of pay policies under the ePayroll initiative. The regulations have been rewritten and, in some instances, reordered to enhance reader understanding.
SUMMARY:
Personnel Management Office,
SUPPLEMENTAL INFORMATION
The Office of Personnel Management (OPM) is issuing proposed regulations to revise the rules concerning the determination of official duty station for locationbased pay entitlements, compensatory time off for religious observances, hours of work and alternative work schedules, and absence and leave. Except as otherwise stated in this supplementary information, the purpose of these revisions is to standardize and simplify pay, leave, and hours of work rules to simplify payroll processing under the ePayroll initiative and in general to aid agencies in the administration of these programs. We are also taking this opportunity to make these parts more readable. As part of this rewriting effort, the proposed regulations have been reorganized and renumbered to aid in accessibility. In addition, we have replaced the verb ``shall'' with ``must'' for added clarity and readability. We intend that any provision using the verb ``must'' has the same meaning and effect as previous provisions using ``shall.''
Military Leave
Section 353.208 of title 5, Code of Federal Regulations, states that an employee on military leave is permitted, upon request, to use any accrued annual leave (or sick leave, if appropriate), or military leave during such service. However, the Uniformed Services Employment and Reemployment Rights Act of 1994, Public Law 103353, December 12, 1994, which was implemented by this regulation, states that an employee must be permitted during a period of military service to use any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. We do not believe that sick leave is similar to annual leave in this context. Sick leave is intended to provide income to an employee who must be excused from work on account of sickness. Longstanding Comptroller General opinions have held an employee who is already on extended leave without pay cannot be said to be prevented from working by a period of sickness and therefore is not entitled to use sick leave. Likewise, an employee on extended leave without pay for military service cannot be said to be prevented from working at his civilian job by a period of illness. Therefore, we are proposing to delete the reference to sick leave from Sec. 353.208.
In addition, the last sentence of Sec. 353.208 states that an employee may not use military leave for inactive duty training. However, authority to use military leave for inactive duty training was added by section 1106 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 10665, October 5, 1999). Section 1106 amended 5 U.S.C. 6323(a)(1) to permit an employee to use his or her entitlement to 15 days of military leave for ``inactiveduty training'' (as defined in section 101 of title 37, United States Code) in addition to active duty and active duty training. Therefore, we are proposing the deletion of the last sentence of Sec. 353.208 consistent with this change in law.
Official Duty Station
We are proposing to add a new 5 CFR 531.605 to specifically define the requirements for determining an employee's official duty station for locationbased pay entitlements, including special salary rates under 5 CFR part 530, subpart C, special pay for law enforcement officers under 5 CFR part 531, subpart C, and locality based comparability payments under 5 CFR part 531, subpart F. New Sec. 531.605 also addresses the official duty station determination for employees temporarily working at another location or teleworking from an alternative worksite. Under Sec. 531.605, the official duty station is the location where the employee regularly performs his or her duties. For employees who telework, the official duty station is the employee's telework site. However, if an agency schedules an employee to report at least once a week to the regular work site (i.e., the location of his or her assigned organization), the official duty station is the regular worksite. Agencies may make temporary exceptions to this requirement in appropriate circumstances.
We are proposing to revise the definition of official duty station at Sec. Sec. 531.301 and 531.602 to refer to the new requirements found at revised Sec. 531.605. In addition, we propose to add the definition of position of record to Sec. Sec. 531.301 and 531.602. The definition of position of record builds on the language found in current regulations in Sec. 530.303(i) and clarifies that the term incorporates employing agency, grade, occupational series, and position dutiesall of which may be relevant in determining an employee's coverage under a special rate schedule. In addition, we propose to revise Sec. 530.303(i), which concerns conditions for coverage under special salary rates, to incorporate these new definitions. Finally, we are adding the definitions of telework and telework arrangement to Sec. 531.602.
Time Limits for Use of Compensatory Time Off
The consolidation of payroll systems has revealed varying policies
among agencies concerning time limits for the use of compensatory time
off. As part of our effort to support consolidation through
standardization of payroll processes, we are proposing to amend the
regulations at 5 CFR 550.114 and 551.531 to provide a consistent 26pay
period time limitation on the period during which an employee may use
compensatory time off. Under current regulations at Sec. 550.114(d), the head of
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an agency may require that an employee who is not covered by the Fair
Labor Standards Act must use earned compensatory time off within a
certain time period or risk forfeiture of unused compensatory time off,
unless failure to use the compensatory time off is due to an exigency
of the service beyond the employee's control. Under this discretionary
authority, many agencies have established policies to provide payment
for unused compensatory time off upon expiration of the agency's
established time limit. The proposed regulations would establish a
Governmentwide time limit of 26 pay periods for using earned
compensatory time off, but agencies would retain their discretionary
authority to provide payment for, or require forfeiture of,
compensatory time off that is not used within the 26pay period time
limit. The proposed regulations also would require that if an employee
who is not covered by the Fair Labor Standards Act separates or goes on
extended leave without pay to perform service in one of the uniformed
services or because of an onthejob injury with entitlement to injury
compensation under 5 U.S.C. chapter 81, he or she would be entitled to
receive pay for the overtime work at the overtime rate in effect for the period during which compensatory time off was earned.
Under the proposed regulations at Sec. 551.531, if an employee who is covered by the Fair Labor Standards Act fails to use compensatory time off earned under paragraph (a) or (b) of that section within 26 pay periods, or if the employee separates before the earned compensatory time off is used, he or she must be paid for the overtime work at the overtime rate in effect for the period during which the compensatory time off was earned. In addition, the proposed regulations require that if an employee who is covered by the Fair Labor Standards Act goes on extended leave without pay to perform service in one of the uniformed services or because of an onthejob injury with entitlement to injury compensation under 5 U.S.C. chapter 81, he or she is entitled to receive pay for the overtime work at the overtime rate in effect for the period during which compensatory time off was earned. To aid payroll providers in transitioning to the new time limitations, the proposed regulations provide that employees with unused compensatory time off to their credit under Sec. 550.114 or Sec. 551.531 as of the effective date of the final regulations would have 26 pay periods after the effective date of the final regulations to use such compensatory time off. Time limitations for paying earned compensatory time off to employees covered by the Federal Wage System will be discussed by the Federal Prevailing Rate Advisory Committee before OPM issues final regulations.
Compensatory Time Off for Religious Observances
We are proposing to add definitions of three terms in 5 CFR 550.1002. The term employee is used in defining coverage. The term rate of basic pay is used in proposed Sec. 550.1008 in the context of determining the monetary value of compensatory time off for religious observances. The term scheduled tour of duty for leave purposes is used in proposed Sec. 550.1001 to make clear that religious compensatory time off is used in place of hours within the employee's tour of duty as established for leave purposes.
Proposed Sec. 550.1003 provides that an agency may require documentation to ensure that an employee's request for compensatory time off for religious observances is legitimate. Also, this section empowers agencies to require employees who are submitting requests for this time off to make the requests sufficiently in advance to allow for work schedule adjustments that may be required to accommodate the time off. These provisions are consistent with the past guidance we have given agencies concerning the administration of this program.
Proposed Sec. 550.1004 includes a new requirement that, if an employee fails to perform compensatory overtime work within 3 pay periods after using advanced compensatory time off, the agency should charge the employee annual leave to eliminate the negative balance. This is consistent with longstanding OPM policy. In addition, proposed Sec. 550.1005 provides that agencies may allow employees to accumulate only the number of hours of earned compensatory time off needed to cover past absences and anticipated absences for specifically identified religious observances. While agencies have always been able to require employees to identify specific future religious observances as a condition for allowing them to earn religious compensatory time off, this new section now makes it mandatory that agencies require employees to identify the specific future religious observances for which the compensatory time off will be used. This requirement is intended to prohibit the practice of ``stockpiling'' religious compensatory time off and ensures that this benefit will be used as intended by law.
Proposed Sec. 550.1007 includes a new sentence documenting the fact that earned compensatory time off for religious observances under 5 U.S.C. 5550a is not considered in applying the premium pay limitations in 5 U.S.C. 5547 and 5 CFR 550.105550.107. (See 62 CG 590, July 26, 1983.) In contrast, the dollar value of overtime work resulting in earned compensatory time off under 5 U.S.C. 5543 is considered to be premium pay in applying those limitations.
Proposed Sec. 550.1008 provides rules regarding how an agency must deal with employees who have a negative or positive balance of earned compensatory time off for religious observances when they separate from an agency. Consistent with previous OPM policy, in converting earned but unused compensatory time off to a monetary value, agencies must use the rates of basic pay in effect at the time the religious compensatory overtime work was performed.
If an employee has a negative balance of religious compensatory time off hours upon separation from the agency, the employee's annual leave balance would be reduced by the amount of the negative balance of hours to the extent possible. If it is necessary for the agency to determine the monetary value of the employee's negative balance, that value would be computed using the employee's rate of basic pay in effect at the time the religious compensatory time was taken. Federal Wage System
OPM is proposing to revise its regulations in 5 CFR part 550,
subpart L, on lumpsum payments for accumulated and accrued annual
leave for employees who separate from Federal service (64 FR 36763,
July 8, 1999) to ensure consistency with the guidance provided in the
OPM Operating Manual on the Federal Wage System. This change ensures
that a lumpsum payment for employees who work a regular rotating
schedule involving work on both day and night shifts is calculated as
if the employee had continued to work beyond the effective date of
separation. To further ensure that the regulations are consistent with
the guidance provided in the Operating Manual, we are proposing to
amend the definition of rate of basic pay in the regulations at 5 CFR
575.103, 575.203, and 575.303 for purposes of recruitment and
relocation bonuses and retention allowances. The revised definition
will clarify that night pay and environmental differential pay under the Federal Wage System are not
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included in the definition of rate of basic pay for those purposes. Weekly and Daily Scheduling of Work
In 5 CFR 610.102, we are proposing to add the definitions of authorized agency official and unpaid meal period. In addition, we propose to change the reference in Sec. 610.111 from ``overtime pay'' in paragraph (a)(1)(ii) to ``premium pay'' to be consistent with other references within the section. We are also proposing to add paragraph (e) to Sec. 610.121 to clarify that the regulations on work schedules do not apply to employees on flexible and compressed work schedules in those areas where the law and regulation on flexible and compressed work schedules conflict with the requirements of this section.
In Sec. 610.123, we are proposing to change the word ``shall'' to ``should'' to indicate that while an agency official may require an employee to travel outside duty hours, every effort should be made to avoid doing so. In addition, we are clarifying that an agency may not adjust the regular working hours of an employee solely for the purpose of including time spent traveling as hours of work. We are also proposing the addition of Sec. 610.124 to clarify that agencies have authority to establish a mandatory unpaid break for meal periods under 5 U.S.C. 6101(a)(3)(F) and that there is no explicit entitlement to a meal period. An agency may require or permit unpaid meal periods during overtime hours, and the policy may be different from that for the basic workweek. An unpaid meal period may not be counted as hours of work. Holidays
In 5 CFR 610.201, we are proposing the addition of the definitions of administrative workweek, agency, authorized agency official, basic workday, basic workweek, employee, rate of basic pay, and the United States. In addition, we are revising Sec. 610.202 to clarify when an employee is entitled to a paid holiday. This section reflects the requirements of Executive Order 11582 and previous OPM guidance. We are also proposing the revision of Sec. 610.203(b) to clarify how to determine holidays for employees, as provided by 5 U.S.C. 6103(b) and (d) and Executive Order 11582. In addition, we are proposing to add a note to new Sec. 610.203(c), to clarify that an employee on a compressed work schedule is not entitled to an additional ``inlieu of'' holiday if his or her duty station is closed by an administrative action (if for example, the installation is closed due to inclement weather) on a day that has been designated as his or her alternate legal holiday. We are also proposing to move parts of former Sec. Sec. 610.405 and 610.406 to Sec. 610.203(d) for ease of administration. New Sec. 610.203(d) clarifies that parttime employees on flexible or compressed work schedules are not entitled to an ``inlieuof'' holiday when the holiday falls on their regularly scheduled nonworkday.
We are also proposing to add new Sec. 610.204 in response to
numerous inquiries OPM receives from agencies and employees as to an
employee's entitlement to pay for a holiday when the employee has been
in a nonpay status before and/or after the holiday. Employees normally
are paid on a holiday on which they do not work under the assumption
that, but for the holiday, they would have worked and received pay. It
is logical to assume that employees who are in a nonpay status on the
workdays before and after a holiday would not have worked on the
holiday itself. However, it may also be assumed that employees who are
in a pay status for a portion of the day before or after the holiday
would have been in a pay status on the holiday. Therefore, we are
proposing to clarify that if an employee is in a pay status for at
least 4 hours on the day before or after the holiday, he or she is entitled to be paid for the holiday.
Administrative Dismissals of Daily, Hourly, and Piecework Employees
We are proposing to revise the definition of regular employees in 5 CFR 610.302 to clarify that 5 CFR part 610, subpart C, does not apply to employees who have a scheduled annual rate of payfor example, employees paid from the General Schedule. We are also proposing to revise Sec. 610.303 to make clear that Federal Wage System employees are not covered by subpart C, consistent with Public Law 92392. Flexible and Compressed Work Schedules
Unless otherwise stated, the additions to 5 CFR 610.401 through 610.411 codify current OPM policy and interpretation of law (5 U.S.C. chapter 61, subchapter II) as published in the ``Handbook on Alternative Work Schedules.'' In Sec. 610.402 we are proposing the addition of alternative work schedule, basic work requirement, compressed work schedule, core hours, flexible hours, flexible work schedule, rate of basic pay, and tour of duty. We are also proposing to add language to Sec. 610.403 to make it clear that there is no authority that would allow an agency to combine elements from flexible and compressed work schedules to create a ``hybrid'' schedule. In addition, we propose to add Sec. 610.411 to stipulate that overtime hours under a flexible work schedule must be officially ordered in advance.
By law (5 U.S.C. 6124 and 6128) employees on a flexible work schedule are entitled to 8 hours of paid absence on a holiday, while employees on a compressed schedule are entitled to the number of hours of paid absence equal to the number of hours they are scheduled to work. We are proposing to revise current Sec. 610.405, which will be renumbered as Sec. 610.412, to add language to stipulate that full time employees under a flexible work schedule are entitled to 8 hours of holiday pay and that parttime employees are entitled to holiday pay for the number of hours regularly scheduled for that day, not to exceed 8 hours. In addition, we are proposing to add Sec. 610.413 to clarify that fulltime employees on a flexible work schedule who perform work on a holiday are entitled to up to 8 hours of holiday premium pay, their rate of basic pay for nonovertime hours within the basic work requirement, and, if applicable, overtime pay for hours in excess of the basic work requirement that are officially ordered and approved. In addition, this section also explains that parttime employees who perform work on a holiday are entitled to holiday premium pay for hours of work performed during their basic work requirement on a holiday, not to exceed 8 hours. Finally, this section clarifies that parttime employees scheduled to work on a day designated as an ``in lieu of'' holiday for fulltime employees are not entitled to holiday premium pay.
We are proposing the addition of Sec. 610.414 to clarify the treatment of credit hours earned under a flexible work schedule. We propose to make clear that fulltime employees may carry forward up to 24 credit hours from one pay period to the next and parttime employees may carry forward a proportional amount. Paragraph (a) incorporates language currently found in Sec. 610.408, which prohibits members of the Senior Executive Service from earning credit hours.
We are proposing to add Sec. 610.421 to clarify that, for full
time employees who are not covered by the Fair Labor Standards Act
(FLSA) (FLSAexempt employees) and have compressed work schedules,
overtime hours are those officially ordered and approved in excess of
the compressed schedule for the day. For parttime FLSAexempt
employees, overtime hours are those officially ordered and approved but
must be in excess of 8 hours in a day or 40 hours in a week. For full time
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employees who are covered by the FLSA (FLSAnonexempt employees),
overtime hours are those in excess of the compressed work schedule that
are officially ordered and approved or ``suffered or permitted.'' For
parttime FLSAnonexempt employees, overtime hours are those in excess
of the compressed schedule for the day that are officially ordered and
approved but must be in excess of 8 hours in a day or 40 hours in a
week. Fulltime and parttime employees may not be credited with FLSA
overtime hours on the basis of periods of duty in excess of 8 hours in
a day when the hours are not hours of work for purposes of computing
overtime pay under 5 CFR 410.402, 5 CFR Parts 550 or 532 and 5 U.S.C.
5544 (e.g., suffered or permitted overtime work). Suffered or permitted
overtime work is always credited towards an employee's weekly FLSA
overtime standard. The daily overtime standard applies only to hours of
work that would be considered overtime hours under title 5, United
States Code, for General Schedule or prevailing rate (wage) employees. Leave and Overtime Hours
We have been asked whether an employee whose tour of duty includes regularly scheduled overtime work may earn or be charged leave during those overtime hours. Leave cannot be earned or charged during overtime hours, except as provided in 5 CFR 630.204 for employees on uncommon tours of duty. We propose to revise Sec. Sec. 630.202 and 630.205 to clarify that both fulltime and parttime employees earn and use leave based on their regularly scheduled administrative workweek, exclusive of overtime hours. In addition, for clarity and consistency, the term ``regularly scheduled administrative workweek'' and ``intermittent work schedule'' are defined in Sec. 630.201.
Charging Leave for PartTime Employees
We have been asked whether parttime employees should be charged leave for additional hours outside their ``normal'' work schedule if they are unable to work the additional hours. We propose to revise Sec. 630.205 to make clear that a parttime employee earns leave based on the number of nonovertime hours (i.e., hours less than 8 hours in a day and 40 hours in a week) in a pay status, without regard to the number of hours in his or her regularly scheduled workweek. Thus, a parttime employee would be charged leave for any nonovertime hours the employee is unable to work during the regularly scheduled workweek, as long as the employee's work schedule is established in advance of the pay period. However, a parttime employee would not be charged leave for hours not worked that were scheduled in addition to the employee's regularly scheduled administrative workweek after the beginning of the pay period. For example, if a parttime employee who is scheduled to work 62 hours in a pay period is required to work a total of 70 hours, he or she would earn leave based on the 70hour total. However, if the employee is not able to work more than 62 hours, he or she could not be charged leave for the excess 8 hours because it was not scheduled in advance of the pay period.
A parttime employee who has hours in a pay status that are fewer than the number of hours necessary to accrue 1 hour of leave is entitled to have those hours in a pay status carried forward into the next pay period and credited toward leave accrual. For example, an employee who is entitled to accrue 1 hour of leave for every 13 hours in a pay status and who works 56 hours is credited with 4 hours of leave, and the remaining 4 hours in a pay status must be carried forward. Therefore, we are proposing to add Sec. 630.205(d) to clarify that, for parttime employees, hours in a pay status that are insufficient to accrue 1 hour of leave must be carried forward into the next pay period and credited toward leave accrual.
In addition, we are adding a new Sec. 630.301 to clarify that, for both parttime and fulltime employees whose duty station is the United States, the maximum amount of annual leave that may be carried over from one leave year into the next is 240 hours (30 days). This limitation is found in law at 5 U.S.C. 6304(a) and is being restated in regulation for clarification. The maximum amount of annual leave that may be carried over by an employee who transfers from an overseas assignment is prescribed in 630.302(c).
Leave for Employees on Uncommon Tours of Duty
New 5 CFR 630.204 would give agencies the authority to require that employees with uncommon tours of duty accrue and use leave based on that uncommon tour. We propose to revise paragraphs (a) and (b) of Sec. 630.204 to clarify that for employees who accrue and use leave on the basis of an uncommon tour of duty, the ceiling on the amount of annual leave that may be carried over into the next leave year under 5 U.S.C. 6304(a), (b), or (c), or the amount of annual or sick leave that may be advanced under 5 U.S.C. 6302(d) or 6307(d), must be adjusted along with accrual rates and leave balances to reflect the uncommon tour of duty. For example, when an uncommon tour of duty is established for a firefighter with a 144hour biweekly tour of duty, the annual leave ceiling for that firefighter must be adjusted to 432 hours (144/ 80 x 240 hours).
In addition, consistent with the ``directly proportional rule'' applied in Sec. 630.204, the amount of sick leave that may be advanced to an employee with an uncommon tour of duty must be calculated using the ratio of the employee's biweekly hours to an 80hour pay period. For example, for a firefighter with a biweekly tour of duty of 144 hours, the maximum amount of sick leave that may be advanced is 432 hours (144/80 x 240). The amount of annual leave that may be advanced is equal to the amount of annual leave such firefighters would earn during the remainder of the current leave year.
The proposed revision of Sec. 630.204 also provides that when an employee is converted to a different tour of duty, the employee's leave accrual rates, leave balances, advanced leave, and leave ceiling must be converted simultaneously. Lastly, we propose to revise Sec. 630.905 (currently found at Sec. 630.906(c)) to permit an agency that has employees who earn and use annual leave on the basis of an uncommon tour of duty to establish procedures for administering the transfer of annual leave to or from such employee under both the leave transfer and leave bank programs established under 5 U.S.C. chapter 63, subchapters III and IV.
90Day Appointment
Agencies have requested clarification from OPM on the annual leave
accrual status of an employee who has been appointed for a term limited
to less than 90 days. Section 6303(b) of title 5, United States Code,
limits the annual leave accrual of employees whose current appointment
is limited to less than 90 calendar days. However, employees may accrue
annual leave if they receive consecutive appointments, all less than 90
days, that cumulatively total more than 90 calendar days of employment
without a break in service. We are proposing to add a new 5 CFR 630.206
to clarify that an employee who receives an initial appointment limited
to less than 90 days is not eligible to accrue annual leave. However,
if the appointment is extended or the employee receives one or more
successive appointments without a break in service, the employee
becomes eligible to accrue annual leave on the 90th day of employment, and in addition, the employee is entitled to the
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annual leave that would have accrued during the initial 90day period.
Employees whose appointments are not limited to less than 90 days are
not subject to this provision, nor are employees who are serving in a
lessthan90day appointment to which they transferred, without a break
in service, from a leaveearning position. Also, the limits on leave
accrual for an employee who has been appointed to a lessthan90day
appointment applies only to annual leave. Such employees earn 4 hours
of sick leave in each biweekly pay period of the appointment. Fractional Pay Periods and Reduction in Leave Credits
We are proposing to revise 5 CFR 630.207 to provide that when an employee's service is interrupted by a nonleaveearning period, such as a period of intermittent employment or a period during which an employee receives benefits from the Department of Labor's Office of Workers' Compensation Programs (OWCP), he or she earns leave on a prorated basis for that portion of each pay period during which he or she is eligible to earn leave as long as there is no break in Federal service. An employee who moves back and forth between parttime and intermittent employment has periods when he or she is eligible to earn leave and periods when he or she is not. This change in eligibility to earn leave also occurs when an employee is carried in a leave without pay status while receiving disability compensation (i.e., workers' compensation) and is not eligible to earn leave under the rules governing dual compensation. Agencies must credit a prorated amount of annual and sick leave to employees who become ineligible to accrue leave in the middle of a pay period.
However, employees who begin an extended period of leave without pay in the middle of a pay period (e.g., extended leave for military service or under the Family and Medical Leave Act) are entitled to accrue leave in that pay period. By law, employees accrue leave when they are employed for a full biweekly pay period. Proposed Sec. 630.202 states that a fulltime employee earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a nonpay status. The effect of leave without pay on the accrual of annual and sick leave is addressed in new Sec. 630.208, which requires reduction in leave credits for excess hours in a nonpay status. A fulltime employee who is eligible to earn leave under Sec. 630.202 may, through the intermittent or extended use of leave without pay, accumulate a number of hours in a nonpay status. When this number equals the number of hours in the pay period, the employee forfeits the leave that would have been earned in that pay period. For example, employee A earns 8 hours of annual leave in each full biweekly pay period. He or she is intermittently on leave without pay during the months of February through the last pay period in September, but has continued during this period to earn 8 hours of annual leave and 4 hours of sick leave each pay period. In the last pay period in September, the employee's leave without pay balance reaches 80 hours (the number of hours in the pay period), and he or she must forfeit the hours of annual and sick leave he or she would have accrued. In effect, the employee earns no leave in the last pay period in September. (Any hours in a nonpay status that are not offset by the forfeiture of annual and sick leave will be carried forward to the next pay period.) The employee continues to earn annual and sick leave at his or her regular rate until the leave without pay total again reaches 80 hours (the number of hours in the pay period). If an employee who earns 6 hours of annual leave in a pay period reaches 80 hours of leave without pay during the last full biweekly pay period of the year (the pay period during which he or she would receive an additional 4 hours), the employee forfeits the full 10 hours.
Employee B is carried on the rolls in a leave without pay status while receiving disability compensation. The rules governing dual compensation state that an employee who is receiving disability compensation is not entitled to earn leave. Since employee B is in a ``nonleave earning period,'' no reduction in leave credits is required. Employee B may earn leave on that portion of a pay period during which he or she is eligible to earn leave under Sec. 630.207.
Employee C is on continuous leave without pay and is actually still earning leave at his or her normal rate. However, the employee is simultaneously forfeiting the leave he or she would have earned each time he or she reaches a number of hours of leave without pay that is equal to twice the number of hours in the regularly scheduled workweek. Since the employee's leave without pay reaches 80 hours of leave without pay each pay period, he or she earns no annual or sick leave.
If, at the end of the leave year, an employee has an accumulation of hours of leave without pay that is less than the number of hours in the pay period, the agency must drop those hours. An employee may have one or more breaks in service in a year, during which he or she is ineligible to accrue leave (e.g., as a result of the employee's intermittent status or receipt of workers' compensation). However, when counting hours of leave without pay, an agency may count only those hours in a nonpay status that occurred during those periods in which the employee was eligible to accrue leave, including fractional pay periods under Sec. 630.207.
Minimum Charge for Leave
Section 630.205 of title 5, Code of Federal Regulations, currently states that the minimum charge to an employee's leave account is 1 hour, unless an agency establishes a minimum charge of less than 1 hour, or establishes a different minimum charge through negotiations. As a result, agencies have established policies that have resulted in leave being charged in a variety of increments ranging from 1 minute to 1 hour. OPM, as the managing partner of ePayroll consolidation and standardization is proposing to establish a uniform, Governmentwide policy on the minimum charge to leave. In Sec. 630.209, we are proposing to provide two alternatives for charging leave. Agencies may charge leave in increments of onetenth of an hour (6 minutes) or one quarter of an hour (15 minutes). Limiting the charge to leave to just two methods will simplify time and attendance recording and further our goal to standardize payroll processing. In addition, this change will further the work scheduling flexibilities available to agencies and employees. The final issuance of the new rules for charging leave will not invalidate the provisions of any existing collective bargaining agreement (CBA). If the leave provisions of a CBA were proper under the regulations existing at the time they were negotiated, but conflict with the proposed changes, the existing provisions will stand for the duration of the agreement. Upon expiration of the CBA, no provision that conflicts with the new regulations may be renewed.
We are also proposing to modify the regulation concerning the transfer of leave from one agency to another at Sec. 630.501, to standardize and simplify that procedure. New Sec. 630.501 states that when an employee transfers to a position covered by a different leave accounting system, his or her leave must be converted by the gaining agency into the minimum increment that can be accommodated. Advancing Leave
In response to requests for clarification on the amount of annual leave that may be advanced to an
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employee, we are proposing to add 5 CFR 630.210 to provide that an
employee (fulltime or parttime) may be advanced, at the beginning of
the leave year or at any time thereafter, only the amount of annual
leave that he or she is expected to accrue during the remainder of the leave year.
A fulltime employee may be advanced up to 30 days (240 hours) of sick leave for serious disability or ailment or for purposes related to the adoption of a child. Section 6302(c) of title 5, United States Code, establishes that a parttime employee is entitled to leave benefits under section 6307 (sick leave) on a pro rata basis. Therefore, Sec. 630.210(b) would also provide that the maximum amount of sick leave that may be advanced to a parttime employee or an employee on an uncommon tour of duty is prorated according to the number of hours in the employee's regularly scheduled administrative workweek. For example, since a fulltime employee is limited to a maximum of 240 hours (6 weeks x 40 hours = 240) of advanced sick leave, an employee who has a regularly scheduled administrative workweek of 24 hours may be advanced up to 144 hours (6 weeks x 24 hours = 144) of sick leave for serious disability or ailment (including childbirth and its recuperation) or for purposes relating to the adoption of a child.
We have been asked to clarify how an employee may repay advanced leave. We propose to add paragraph (d) to Sec. 630.210 to clarify that an employee may liquidate a debt for advanced leave through the retroactive substitution of paid leave or through a cash payment that equals the amount paid to the employee for the period of advanced leave. In addition, we are proposing to add a definition of advanced leave to Sec. 630.201 to clarify that advance of annual or sick leave is left to the discretion of the employing agency.
Leave for BoneMarrow and Organ Donation
Section 629 of Public Law 103329, the Treasury, Postal Service and General Government Appropriations Act for fiscal year 1995, added section 6327 to title 5, United States Code, to provide employees with an entitlement of up to 7 days of paid leave each calendar year (in addition to annual and sick leave) to serve as a bonemarrow or organ donor. The law provides that an employee is entitled to use this leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating. Public Law 10656, the ``Organ Donor Leave Act,'' amended section 6327 to increase the amount of paid time off available for Federal employees to serve as organ donors from 7 days to 30 days each calendar year. The amount of leave available for bonemarrow donation remains at 7 days each calendar year under 5 U.S.C. 6327.
We have been asked how these ``days'' of leave should be charged for a fulltime employee who works other than 8hour days (e.g., an employee on a flexible or compressed work schedule) or for a parttime employee or an employee who has an uncommon tour of duty. We are proposing the addition of 5 CFR 630.215 to make clear that a fulltime (80hour per pay period) employee is entitled to 56 hours (7 days) of leave each calendar year for bonemarrow donation purposes and 240 hours (30 days) of leave each calendar year to serve as an organ donor. These amounts are prorated for parttime employees and employees on uncommon tours of duty. In addition, we have been asked whether bone marrow or organ donation leave is appropriate for absences related to compatibility testing that does not ultimately result in the employee's actual donation. The legislative history of Public Law 103329 makes clear that this legislation was enacted in an effort to encourage Federal employees to be tested for and participate in bonemarrow and organ donation programs. It was hoped that giving time off for testing would increase the pool of possible donors and the chances of finding a match for someone in need of a transplant. Therefore, proposed Sec. 630.215 states that the employee is entitled to this leave for compatibility testing purposes even if he or she ultimately does not become a bonemarrow or organ donor.
We are also proposing to add a final paragraph establishing OPM's authority to make future determinations that other medical procedures are sufficiently similar to bonemarrow or organ donation to permit the use of bonemarrow or organ donor leave for those purposes. For example, we believe that peripheral blood stem cell donation is sufficiently similar to bonemarrow donation in the commitment required from an individual in the time needed for testing and actual donation to warrant granting of bonemarrow donor leave. We believe that similar medical procedures may be developed that will allow more Federal employees to become part of the donation process and that it is within the spirit of the legislation creating this program to grant OPM the flexibility to approve the future use of bonemarrow or organ donor leave for such donations.
Restoration of Annual Leave
Section 6304(d), of title 5, United States Code, provides that annual leave in excess of the maximum limitations that is forfeited as a result of exigencies of the public business or sickness of the employee must have been scheduled in advance to be eligible for restoration. Current 5 CFR 630.308(a) provides that such annual leave must have been scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year. In the interest of clarity and simplicity, OPM is proposing to provide that such annual leave may be considered for restoration if the leave is scheduled in writing before November 15 of each leave year. (See new Sec. 630.304(a).) Specifying a single, uniform date greatly simplifies the process for both employees and agencies.
Accrual and Use of Sick Leave
We are proposing to add 5 CFR 630.205 to clarify the accrual rates of sick leave for parttime employees. In addition, we are proposing to modify Sec. 630.401 to remove the requirement that an employee must maintain 80 hours of sick leave in his or her sick leave account in order to use more than 40 hours of his or her sick leave for family care or bereavement purposes. Removing the 80hour sick leave balance requirement greatly simplifies the administration of this policy and eliminates the need for manual recordkeeping of employee sick leave balances. Employees are responsible for managing their use of sick leave to ensure that they retain enough sick leave for personal needs. An employee would continue to be limited to 13 days of sick leave each leave year for general family care and bereavement purposes and a maximum of 12 weeks of sick leave each leave year to care for a family member with a serious health condition. In addition, removing the 80 hour sick leave balance requirement would permit agencies to advance up to 30 days of sick leave to an employee so that he or she may care for a family member with a ``serious disability or ailment.''
We are also proposing to modify Sec. 630.403(b) to establish a
Governmentwide policy on the time limit for the receipt of medical
documentation for an employee's use of sick leave. The proposed
regulation states that an employee must provide the written medical
certification required by the agency for use of sick leave under Sec.
630.401, signed by the health care provider, no later than 15 calendar
days after the date his or her agency requests such medical [[Page 1074]]
certification. This will ensure that all employees are treated
equitably and aid in establishing standardized Governmentwide pay and
leave policies. We have also defined ``healthcare provider'' at Sec.
630.201 as well as 630.903 (Voluntary Leave Transfer Program) and
630.1003 (Voluntary Leave Ban Program), using the definition currently
used in the Family and Medical Leave regulations at Sec. 630.1204, so that the term is used consistently throughout part 630.
Recredit of Leave
OPM has received inquiries from agencies and employees concerning the transfer of annual and sick leave balances when an employee transfers from a position in the U.S. Postal Service to a position covered by chapter 63 of title 5, United States Code. We propose to add 5 CFR 630.502(b) and 630.503(d) to state that an individual who transfers from the U.S. Postal Service to a position covered by chapter 63 is entitled to have his or her annual and sick leave transferred to the new agency. This is consistent with section 1005(f) of Public Law 91375, August 12, 1970, which permits the continuation of leave benefits provided in chapter 63 to Postal Service employees unless specifically changed by the U.S. Postal Service.
The maximum amount of annual leave that may be transferred from the U.S. Postal Service to the new agency may not exceed the maximum annual leave limitation allowed for the employee's former position in the U.S. Postal Service. If the amount of annual leave transferred exceeds the maximum annual leave accumulation limitations in 5 U.S.C. 6304(a), (b), or (f), as applicable, the agency must establish a personal leave ceiling for the employee, subject to reduction in the same manner as provided in 5 U.S.C. 6304(c) until the employee's accumulated annual leave is equivalent to or less than the maximum limitation for the new position.
Under 5 U.S.C. 6301, employees of the Congress are not covered by the Federal leave system established under 5 U.S.C. chapter 63. Therefore, leave earned as an employee of the Congress cannot be transferred to a position in an executive agency. We are proposing to add paragraph (c) to Sec. 630.502 and paragraph (e) to Sec. 630.503 to clarify that employees of the House or Senate, or both, may not have annual leave or sick leave transferred to an executive branch agency. Application To Become a Leave Recipient Under the Leave Transfer/Leave Bank Programs
Agencies have asked whether they may establish a time limit for accepting an application to become a leave recipient from an employee who was affected by a medical emergency that has since terminated (e.g., for the birth of a child that occurred in a previous year). We are proposing to revise 5 CFR 630.906(a) and 630.1010(b) to clarify that agencies may designate a time period during which employees must submit an application to become a leave recipient under the voluntary leave transfer or leave bank programs if the employee was unable to submit the application before the medical emergency terminated. (Agencies and employees may download forms for donating or requesting annual leave from OPM's Web site at http://www.opm.gov/FORMS/html/opm.asp. )
Agencies have also questioned whether they must allow an employee
to use transferred annual leave indefinitely when there is a need to
fill the employee's position and there is little or no likelihood that
the employee will return to work. Agencies have discretion to approve
or disapprove an employee's requests to use donated annual leave and
the use of donated leave should be treated in the same manner as the
use of accrued annual leave. Participation in the leave transfer
program was not meant to be a substitute for disability retirement. If
there is little likelihood that an employee will be able to return to
work, either because of his or her own medical emergency or that of a
family member, we do not believe the agency should be obligated to
carry the employee in a transferred leave status indefinitely. In
addition, a decision by the United States Court of Appeals, Federal
Circuit, affirmed an agency's authority to deny the use of donated
leave when there is little likelihood that the employee will return to
Federal service. (See F. Paul Jones v. Department of Transportation,
295 F. 3d 1298 (Fed.Cir. 2002).) Therefore, we are proposing to add new
Sec. Sec. 630.914(f) and 630.1012(f) to provide that an agency may
choose to establish a maximum period of time, not less than 6 months,
during which an employee may remain a qualified leave recipient for any
particular medical emergency. When the applicant is approved for leave
transfer, the agency is required to notify him or her in writing of the
maximum period of time during which he or she may continue to be an
approved leave recipient, if the agency has chosen to establish such a time limit.
Definition of a Medical Emergency Under the Leave Transfer/Leave Bank Programs
In response to agency requests for assistance in recognizing what constitutes a medical emergency under the voluntary leave transfer and leave bank programs, we are proposing to clarify the definition of medical emergency in 5 CFR 630.903. We are proposing to define a medical emergency as a serious health condition as that term is defined in Sec. 630.1204 (Family and Medical Leave) that affects an employee or a family member of such employee and is likely to require the employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave. We are also adding the definition of transferred leave to Sec. 630.903.
Annual Leave That May Be Donated
We have received questions from agencies on whether employees may donate restored annual leave or annual leave that has been advanced under the voluntary leave transfer and leave bank programs. We are proposing to clarify in new 5 CFR 630.910(a) and 630.1008(a) that an employee may donate his or her accrued annual leave, including annual leave restored under 5 U.S.C. 6304(d) and 5595(b)(1)(B)(i) (back pay), but excluding annual leave advanced to an employee under 5 U.S.C. 6302(d).
An agency also asked whether a Presidential appointee whose annual leave is being held in abeyance under 5 U.S.C. 5551(b) may donate that leave to another employee. We are proposing to add Sec. 630.910(b) to permit an employee to donate the leave held in abeyance as long as the leave was earned under 5 U.S.C. chapter 63. In addition, we are proposing to limit in new Sec. 630.912(c) the amount of annual leave a leave donor who is no longer covered by chapter 63 may donate to no more than onehalf the amount of annual leave he or she was entitled to accrue in the last leave year the donor was covered by chapter 63. An agency may waive this limitation in the same manner that current limitations on donated leave may be waived under the voluntary leave transfer and leave bank programs.
Use of Donated Annual Leave
Agencies have questioned whether a leave recipient may use donated
annual leave for a purpose other than that for which the leave was donatede.g., to care for a different family member. We
[[Page 1075]]
have also received questions about whether an employee on leave
restriction continues to be subject to the conditions of the restriction notice when using donated annual leave.
We have added language to proposed Sec. Sec. 630.914 and 630.1012 to clarify that donated leave may be used only for the particular medical emergency for which it is donated. In addition, these sections would make it clear that an employee on an official notice of leave restriction continues to be subject to the terms and conditions of the leave restriction notice when requesting and using donated leave. Accrual of Annual and Sick Leave While Using Donated Leave
Some agency officials have expressed confusion regarding the statutory requirement in 5 U.S.C. 6337 to establish separate ``set aside'' accounts for leave recipients using donated leave under the voluntary leave transfer and leave bank programs. Section 6337(b)(1)(A) and (B) provide that the maximum amount of annual or sick leave which may be accrued by an employee while using donated leave ``in connection with any particular emergency'' may not exceed 5 days (i.e., 40 hours of annual leave and 40 hours of sick leave). Therefore, we propose to revise 5 CFR 630.916 to clarify that ``setaside'' leave accrual is limited to 40 hours of annual leave and 40 hours of sick leave for each medical emergency. If a leave recipient gains the use of leave in his or her setaside accounts, as provided in Sec. 630.917, before he or she reaches the 40hour limit, the recipient, in the event of receiving more donated leave, continues to accrue leave in the setaside account until the total amount accrued during the particular medical emergency has reached 40 hours of annual leave and 40 hours of sick leave. Once the employee uses all of the 40 hours of annual leave and 40 hours of sick leave allowable in the setaside account, the setaside account is terminated and no more leave may be accrued by the employee while using donated leave for that particular emergency.
In addition, we propose to revise Sec. 630.918 to clarify that when a leave recipient's employing agency advances leave at the beginning of the leave year and 40 hours of that advanced leave are placed in a setaside account, the employee may accrue leave while using donated leave only to the extent necessary to liquidate the debt incurred by placing that advanced leave in the setaside account.
The rules concerning setaside accounts under the leave bank program are identical to those for the leave transfer program, and the maximum accruals allowed under 5 U.S.C. 6337 apply to the total leave accrued under both the leave transfer and leave bank programs. Therefore, we propose to remove the instructions for setaside accounts under the leave bank program at current Sec. 630.1008. Instead, new Sec. 630.1013 refers the reader to the applicable sections of the leave transfer regulations at Sec. Sec. 630.915 through 630.919. Inclusion of ``Excepted Agencies'' in the Leave Transfer Program
New section 322 of Public Law 107307 (November 27, 2002) revised 5. U.S.C. 6339 to add a new paragraph (c)(1) which provides that the head of an excepted agency may establish a program under which an individual employed in or under an excepted agency may participate in a leave transfer program. Under the provisions of section 322, a previously excluded agency may now establish a voluntary leave transfer program. The new provisions also provide previously excluded agencies with the authority to establish procedures for administering a leave transfer program, consistent with OPM's regulations governing the administration of the Voluntary Leave Transfer Program.
We have added Sec. 630.922(a) to make it clear that the head of an excepted agency may establish a program under which an individual employed in or under such excepted agency may participate in the leave transfer program under subpart I, including provisions permitting the transfer of annual leave accrued or accumulated by such employee to, or permitting such employee to receive transferred leave from, an employee of any other agency (including another excepted agency). In addition, we have added Sec. 630.922(b) to clarify that an excepted agency's policy may include provisions that protect the anonymity of its employees. Other agencies (including other excepted agencies that choose to participate in the leave transfer program) must accept leave from such an excepted agency, regardless of whether the donating employee is identified.
Records and Reports
We are proposing to delete the reporting requirement at 5 CFR 610.122(c) concerning variations in work schedules for educational purposes. In addition, we are proposing to delete the reporting requirement currently in Sec. 630.211(d). The responsibility to make decisions on excluding certain Presidential appointees from entitlement to annual and sick leave consistent with requirements and criteria in Sec. 630.211 has been delegated to the heads of agencies, and we no longer require reports on these exclusions. The agency must continue to maintain records of exclusions or revocations of exclusions.
We are proposing to remove the reporting requirements in current Sec. 630.408 and to reduce the amount of information that agencies must maintain on the use of sick leave for family care purposes. Agencies would be required to maintain records sufficient to ensure that employees do not exceed their entitlement to sick leave for family care purposes.
We are proposing to delete the reporting requirements currently in Sec. Sec. 630.913 and 630.1012 on the voluntary leave transfer and leave bank programs. Agencies would be required to maintain sufficient records to permit the transfer of donated leave when a leave recipient transfers to a new agency.
We are also proposing to remove the reporting requirements for family and medical leave currently in Sec. 630.1211. Agencies would be required to maintain sufficient records to ensure that employees do not exceed their entitlement to family and medical leave.
Miscellaneous
We are proposing to revise Sec. 630.101 to affirm OPM's authority to administer Governmentwide leave policies and procedures. We are also proposing to delete Sec. 630.407(b) concerning the holiday premium pay entitlement of an employee on a compressed work schedule. This section was numbered in error and the information is properly found in current Sec. 610.407(b).
We are also proposing to delete Sec. 630.203 which gives instructions for earning leave in other than biweekly pay periods, since we have been assured by the Government's payroll providers that there are no longer any employees to which such procedures would apply. We are proposing to delete the procedures currently in Sec. 630.409 for the retroactive substitution of sick leave for annual leave used for adoption related purposes between September 1991 and September 1994. The time limit for retroactive substitution under this section expired on September 30, 1996, making this information obsolete.
We are also proposing to delete current Sec. Sec. 630.301(d)(1),
(d)(2), and (e) concerning the treatment of members of the Senior
Executive Service (SES) in 1994 when SES leave ceilings were first
established. Similarly, we are proposing to delete Sec. 630.309, which dealt with the
[[Page 1076]]
treatment of Y2K essential personnel during the leave years 1999 and 2000.
We are also proposing to delete subpart M of part 630, the Reservist Leave Bank, since these regulations now are obsolete. These regulations implemented section 331 of Public Law 10225, the Department of Defense Desert Storm Supplemental Authorization and Military Personnel Benefits Act for Fiscal Year 1991, April 6, 1991. The regulations established a leave bank to provide time off for Federal civilian employees returning from active military duty in Operation Desert Storm and Operation Desert Shield in 1991. OPM collected annual leave donations and divided the total amount contributed among all eligible returnees in 1991.
In addition, we are proposing to delete the prohibitions against coercion in the voluntary leave transfer and leave bank programs currently in Sec. Sec. 630.912 and 630.1011, since these sections are restatements of the law at 5 U.S.C. 6338 and 6370. Similarly, we propose to delete paragraphs (c) and (d) currently in Sec. 630.1208 concerning employee protections under the Family and Medical Leave Act, since these also are restatements of the law at 5 U.S.C. 6384(c). Finally, we propose to revise the procedures in current Sec. 630.1108 for recrediting unused annual leave donated to the donors under the emergency leave transfer program. New Sec. 630.1120 would eliminate the requirement to return unused leave to the donors if the number of hours of unused leave is less than the number of eligible donors. This provision would simplify the administration of the emergency leave transfer program and make its administration consistent with the procedures for the voluntary leave transfer program at Sec. 630.921. 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 would not have a significant
economic impact on a substantial number of small entities because they would apply only to Federal agencies and employees.
List of Subjects in 5 CFR Parts 353, 530, 531, 550, 551, 575, 610, and 630
Administrative practice and procedure, Claims, Government
employees, Holidays, Law enforcement officers, Reporting and recordkeeping requirements, Wages.
U.S. Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, OPM is proposing to amend 5 CFR parts 353, 530, 531, 550, 575, 610, and 630 to read as follows:
PART 353RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY
1. The authority citation for part 353 continues to read as follows:
Authority: 38 U.S.C. 4301 et seq., and 5 U.S.C. 8151. Subpart BUniformed Service
2. Section 353.208 is revised to read as follows: Sec. 353.208 Use of paid leave during uniformed service.
An employee performing service with the uniformed services must be permitted, upon request, to use any accrued annual leave or military leave during such service.
PART 530PAY RATES AND SYSTEMS (GENERAL)
3. The authority citation for part 530 continues to read as follows:
Authority: 5 U.S.C. 5305 and 5307; E.O. 12748, 56 FR 4521, 3
CFR, 1991 Comp., p. 316; Subpart B also issued under secs. 302(c)
and 404(c) of the Federal Employees Pay Comparability Act of 1990
(Pub. L. 101509), 104 Stat. 1462 and 1466, respectively; Subpart C
also issued under sec. 4 of the Performance Management and
Recognition System Termination Act of 1993 (Pub. L. 10389), 107 Stat. 981.
Subpart CSpecial Salary Rate Schedules for Recruitment and Retention
4. In Sec. 530.303, paragraph (i) is revised to read as follows:
Sec. 530.303 Establishing and adjusting special salary rate schedules.
* * * * *
(i) The determination as to whether an employee is covered by a
special salary rate schedule must be based on the employee's position
of record and the official duty station for that position as those terms are defined in 5 CFR 531.602.
PART 531PAY UNDER THE GENERAL SCHEDULE
5. The authority citation for part 531 continues to read as follows:
Authority: 5 U.S.C. 5115, 5307, and 5338; sec. 4 of Pub. L. 103 89, 107 Stat. 981; and E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp., p. 316.
Subpart B also issued under 5 U.S.C. 5303(g), 5333, 5334(a), and 7701(b)(2);
Subpart C also issued under 5 U.S.C. 5304, 5305, and 5553; sections 302 and 404 of the Federal Employees Pay Comparability Act (FEPCA), Pub. L. 101509, 104 Stat. 1462 and 1466; and section 3(7) of Pub. L. 102378, 106 Stat. 1356;
Subpart D also issued under 5 U.S.C. 5335(g) and 7701(b)(2);
Subpart E also issued under 5 U.S.C. 5336;
Subpart F also issued under 5 U.S.C. 5304, 5305(g)(1), and 5553; and E.O. 12883, 58 FR 63281, 3 CFR, 1993 Comp., p. 682; and E.O. 13106, 63 FR 68151; 3 CFR 1998 Comp., p. 224;
Subpart G also issued under 5 U.S.C. 5304, 5305, and 5553;
section 302 of FEPCA, Pub. L. 101509, 104 Stat. 1462; and E.O. 12786, 56 FR 67453, 3 CFR, 1991 Comp., p. 376.
Subpart CSpecial Pay Adjustments for Law Enforcement Officers
6. In Sec. 531.301 the definition of position of record is added
in alphabetical order, and the definition of official duty station is revised to read as follows:
Sec. 531.301 Definitions.
* * * * *
Official duty station means the duty station for the law enforcement officer's position of record where the officer performs his or her duties as determined by the requirements in Sec. 531.605.
Position of record has the same meaning given that term in Sec. 531.602.
* * * * *
Subpart FLocalityBased Comparability Payments
7. In Sec. 531.602 the definition of official duty station is
revised, and the definitions of position of record, telework, and
telework arrangement are added in alphabetical order to read as follows:
Sec. 531.602 Definitions.
In this subpart:
* * * * *
Official duty station means the location of the employee's position of record where he or she performs more of his or her duties as determined by the requirements in Sec. 531.605.
Position of record means an employee's official position (defined
by employing agency, grade, occupational series, and position duties)
as documented on the employee's most recent notification of personnel
action and the current position description. This excludes any position
to which an employee is temporarily detailed without a change in the
official position. For an employee whose change in his or her official
position is followed within 3 workdays by a reduction in force [[Page 1077]]
resulting in the employee's separation before he or she is required to
report for duty in the new position, the position of record in effect
immediately before the position change is deemed to remain the position of record through the date of separation.
* * * * *
Telework means work performed by an employee at an alternative work site instead of the location of the employee's assigned organization. Alternative work sites may
FOR FURTHER INFORMATION CONTACT
Sharon Herzberg by telephone at (202)
6062858; by fax at (202) 6060824; or by email at
payperformancepolicy@opm.gov.