Absence and Leave; Sick Leave; Proposed Rule OFFICE OF PERSONNEL MANAGEMENT

SUMMARY: The Office of Personnel Management (OPM) proposes to amend its

regulations on the use and recredit of sick leave for Federal

employees. The proposed regulations would expand the use of sick leave

by permitting employees to use up to a total of 5 workdays of sick

leave each leave year (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 scheduled tour of duty each week) to provide

care for a child, spouse, or parent as a result of sickness, injury,

pregnancy, or childbirth; make arrangements necessitated by the death

of a child, spouse, or parent; or attend the funeral of a child,

spouse, or parent. In addition,the proposed regulations would remove

the 3-year break-in-service limitation on the recredit of sick leave.

DATES: Comments must be submitted on or before July 11, 1994.

ADDRESSES: Comments may be sent or delivered to Donald J. Winstead,

Acting Assistant Director for Compensation Policy, Personnel Systems

and Oversight Group, U.S. Office of Personnel Management, room 6H31,

1900 E Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:

Donald J. Winstead, (202) 606-2880.

SUPPLEMENTARY INFORMATION: OPM proposes to amend 5 CFR 630.401 to

provide that agencies must grant a limited amount of sick leave to

employees who provide care for a child, spouse, or parent as a result

of sickness, injury, pregnancy, or childbirth; to make arrangements

necessitated by the death of a child, spouse, or parent; or to attend

the funeral of a child, spouse, or parent. The proposed regulations

would limit the use of sick leave for these purposes to a total of 5

workdays in a leave year (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 scheduled tour of duty each week).

In addition, OPM proposes to amend 5 CFR 630.502 and 504 to remove

the 3-year break-in-service limitation on the recredit of sick leave

and permit employees who separate from Federal service to have their

unused and accrued sick leave recredited in full to their sick leave

accounts upon return to Federal service. Under the proposed

regulations, sick leave would be recredited to the employee regardless

of the duration of the break in Federal service.

These proposed changes in the Federal leave system were recommended

in the Report of the National Performance Review on September 7, 1993,

and are part of OPM's continuing effort to develop human resource

policies that are sensitive to the needs of employees and thereby

enhance the Federal Government's ability to recruit and retain a well-

qualified workforce. The purpose of the proposed changes in the

circumstances under which employees may use sick leave is to recognize

the needs of Federal employees who struggle to maintain an often

precarious balance between work and family and to assist the Federal

Government in recruiting and retaining the employees it needs to

accomplish its mission. We have also proposed additional changes in

Sec. 630.401 to clarify our intent with regard to situations involving

exposure to a severe contagious/communicable disease. We describe a

severe communicable disease as one that requires isolation for a

specified period, as prescribed by the health authorities having

jurisdiction or as determined by a health care provider.

Because of the similarity of purpose, OPM proposes to use the same

definitions of ``child,'' ``spouse,'' and ``parent'' as those used for

``son or daughter,'' ``spouse,'' and ``parent'' in the interim

regulations implementing the Family and Medical Leave Act of 1993. (See

5 CFR 630.1202.)

The change in rules on the recredit of sick leave would ensure

that, in the future, employees who have conscientiously maintained a

substantial sick leave balance could leave Federal employment for any

purpose (including the need to care for a child, spouse, or parent)

without the risk of forfeiting all accrued sick leave upon returning to

Federal employment thereafter. We believe this change would help to

foster the conscientious use of sick leave by all employees.

Finally, the proposed regulations also include conforming changes

in Sec. 630.402 (Application for sick leave), Sec. 630.403 (Supporting

evidence), and Sec. 630.405 (Use of sick leave during annual leave).

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

would affect only Federal employees and agencies.

List of Subjects in 5 CFR Part 630

Government employees.

U.S. Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM proposes to amend 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 continues to read as

follows:

Authority: 5 U.S.C. 6311; section 630.303 also issued under 5

U.S.C. 6133(a); section 630.501 and subpart F also issued under E.O.

11228; subpart G also issued under 5 U.S.C. 6305; subpart H issued

under 5 U.S.C. 6326; subpart I also issued under 5 U.S.C. 6332 and

Public Law 100-566; subpart J also issued under 5 U.S.C. 6362 and

Public Law 100-566; subpart K also issued under Public Law 102-25.

Subpart B--Definitions and General Provisions for Annual and Sick

Leave

2. In Sec. 630.201, paragraphs (b)(3), (4), (5), (6), and (7) are

redesignated as (b)(4), (5), (7), (8), and (11), respectively, and new

paragraphs (b)(3), (6), (9), and (10) are added to read as follows:

Sec. 630.201 Definitions.

* * * * *

(b) * * *

(3) Child means a biological, adopted, or foster child; a

stepchild, a legal ward; or a child of a person standing in loco

parentis who is--

(i) Under 18 years of age; or

(ii) 18 years of age or older and incapable of self-care because of

a mental or physical disability. A child incapable of self-care

requires active assistance or supervision to provide daily self-care in

several of the ``activities of daily living.'' Activities of daily

living include adaptive activities such as caring appropriately for

one's grooming and hygiene, bathing, dressing, eating, cooking,

cleaning, shopping, taking public transportation, paying bills,

maintaining a residence, using telephones and directories, and using a

post office. A mental or physical disability refers to a

``disability,'' as defined in 29 CFR 1630.2(g).

* * * * *

(6) In loco parentis refers to the situation of an individual who

has day-to-day responsibility for the care and financial support of a

child or, in the case of an employee, who had such responsibility for

the employee when the employee was a child. A biological or legal

relationship is not necessary.

* * * * *

(9) Parent means a biological parent or an individual who stands or

stood in loco parentis to an employee when the employee was a child.

This term does not include parents ``in law.''

(10) Spouse means a husband or wife, as defined or recognized under

State law for purposes of marriage, including common law marriage in

States where it is recognized.

* * * * *

Subpart D--Sick Leave

3. In subpart D, Sec. 630.401, is revised to read as follows:

Sec. 630.401 Grant of sick leave.

(a) Subject to the limitation described in paragraph (b) of this

section, an agency shall grant sick leave to an employee when the

employee--

(1) Receives medical, dental, or optical examination or treatment;

(2) Is incapacitated for the performance of duties by sickness,

injury, pregnancy, or childbirth;

(3) Provides care for a child, spouse, or parent as a result of

sickness, injury, pregnancy, or childbirth;

(4) Makes arrangements necessitated by the death of a child,

spouse, or parent or attends the funeral of a child, spouse, or parent;

or

(5) Would jeopardize the health of others by his or her presence on

the job because of exposure to a severe communicable disease that

requires isolation for a specified period, as prescribed by the health

authorities having jurisdiction or as determined by a health care

provider.

(b) The amount of sick leave granted to an employee during any

leave year for the purposes described in paragraphs (a)(3) and (4) of

this section shall not exceed a total of 5 workdays (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 scheduled tour of

duty each week).

4. Section 630.402 is revised to read as follows:

Sec. 630.402 Application for sick leave.

An employee shall file a written application for sick leave within

such time limits as the agency may require. An employee shall request

advance approval for sick leave for the purpose of receiving medical,

dental, or optical examination or treatment and, to the extent

possible, for the purposes described in Sec. 630.401(a)(3) and (4) of

this part.

5. Section 630.403 is revised to read as follows:

Sec. 630.403 Supporting evidence.

An agency may grant sick leave only when supported by evidence

administratively acceptable. Regardless of the duration of the absence,

an agency may consider an employee's certification as to the reason for

his or her absence as evidence administratively acceptable. However,

for an absence in excess of 3 workdays, or for a lesser period when

determined necessary by an agency, the agency may also require a

medical certificate or other administratively acceptable evidence as to

the reason for an absence for any of the purposes described in

Sec. 630.401(a) of this part.

6. Section 630.405 is revised to read as follows:

Sec. 630.405 Use of sick leave during annual leave.

Subject to the limitation described in Sec. 630.401(b) of this

part, an agency may grant sick leave during a period of annual leave

for any of the purposes described in Sec. 630.401(a) of this part.

Subpart E--Recredit of Leave

7. In subpart E, Sec. 630.502 is revised to read as follows:

Sec. 630.502 Sick leave recredit.

(a) When an employee transfers between positions under subchapter I

of chapter 63 of title 5, United States Code, the agency from which the

employee transfers shall certify his or her sick leave account to the

employing agency for credit or charge.

(b) Except as provided in paragraph (c) of this section, an

employee who is separated from the Federal Government is entitled to a

recredit of sick leave if reemployed in the Federal Government on or

after the effective date of these regulations, unless such sick leave

was used in the computation of an annuity.

(c) An employee who is separated from the government of the

District of Columbia and who was first employed by the government of

the District of Columbia before October 1, 1987, is entitled to a

recredit of sick leave if reemployed in the Federal Government on or

after the effective date of these regulations, unless such sick leave

was used in the computation of an annuity.

(d) When sick leave is transferred between different leave systems

under section 6308 of title 5, United States Code, 7 calendar days of

sick leave are deemed equal to 5 workdays of sick leave.

(e) An employee who transfers to a position under a different leave

system to which he or she can transfer only a part of his or her sick

leave is entitled to a recredit of the untransferred sick leave if the

employee returns to the leave system under which it was earned on or

after the effective date of these regulations.

(f) An employee who transfers to a position to which he or she

cannot transfer his or her sick leave is entitled to a recredit of the

untransferred sick leave if the employee returns to the leave system

under which it was earned on or after the effective date of these

regulations.

8. In Sec. 630.504, paragraph (b) is revised to read as follows:

Sec. 630.504 Reestablishment of leave account after military service.

* * * * *

(b) Reemployed in a position under subchapter I of chapter 63 of

title 5, United States Code, on or after the effective date of these

regulations;

* * * * *

[FR Doc. 94-11411 Filed 5-6-94; 3:24 pm]

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