Emergency Leave Transfer Program

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 630

RIN 3206-AI03

Emergency Leave Transfer Program

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management is issuing final

regulations governing the establishment of an emergency leave transfer

program. These regulations permit Federal employees to transfer their

unused annual leave to other Federal employees adversely affected by a

major disaster or emergency, as declared by the President. This program

provides Federal employees with a special opportunity to help their

fellow workers in times of need.

EFFECTIVE DATE: The regulations are effective on December 27, 1999.

FOR FURTHER INFORMATION CONTACT: Kevin Kitchelt, (202) 606-2858, FAX:

(202) 606-0824, or email to [email protected].

SUPPLEMENTARY INFORMATION: Section 9004 of Public Law 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 emergency leave transfer program is in addition to the

voluntary leave transfer and leave bank programs established under 5

U.S.C. 6332 and 6362. Under the current voluntary leave transfer

program, an employee may donate unused annual leave for transfer to

other Federal employees who have medical emergencies and who have

exhausted their own leave. In contrast, the emergency leave transfer

program will permit an employee to donate annual leave to employees who

have been adversely affected by disasters or emergencies, such as a

flood or an earthquake that has destroyed an employee's property, or by

an emergency situation such as that created by the bombings of the

Alfred P. Murrah Federal Building in Oklahoma City and the U.S.

embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. In addition,

an employee approved as an emergency leave recipient may use donated

annual leave without having to exhaust his or her own leave.

On November 3, 1997, OPM published proposed regulations (62 FR

59301) to establish the emergency leave transfer program. Under the

proposed regulations, OPM would be responsible for establishing and

administering an emergency leave bank for each disaster or emergency

declared by the President. Each emergency leave bank would contain the

aggregate amount of annual leave donated by emergency leave donors

throughout the Government for a specific disaster or emergency. OPM

would facilitate the transfer of donated annual leave from the

emergency leave bank to agencies with employees affected by the

disaster or emergency for distribution to their approved emergency

leave recipients.

We received comments from 9 agencies, 1 labor organization, and 1

individual, for a total of 11 comments. A summary of the comments

received and the changes made in the regulations is presented below.

OPM's Role

One agency recommended that individual agencies be responsible for

administering an emergency leave transfer program. After the proposed

regulations were published, the President directed OPM to establish an

emergency leave transfer program to assist employees affected by the

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bombing of the U.S. embassies in Nairobi, Kenya, and Dar es Salaam,

Tanzania; Hurricane Georges in Puerto Rico and the U.S. Virgin Islands;

and the tornadoes in Oklahoma and Kansas. The experience gained from

these emergencies led us to the conclusion that while the President

must direct OPM to establish an emergency leave transfer program, OPM

should delegate responsibility for administering an emergency leave

transfer program to the agencies with employees affected by the

emergency. The affected agencies are in the best position to determine

whether, and how much, donated annual leave is needed by their

employees and can quickly facilitate the transfer of donated annual

leave within their agencies. Therefore, in the final regulations, OPM

has delegated responsibility for administering an emergency leave

transfer program to the affected agencies.

OPM remains committed to providing effective and efficient customer

service to the Federal Government community. Staff of OPM's Workforce

Compensation and Performance Service (WCPS) will be available to assist

agencies in administering an emergency leave transfer program and

coordinating efforts among affected agencies. WCPS staff may be reached

on (202) 606-2858, by fax on (202) 606-0824, or by email at

[email protected]. In addition, when a Federal agency notifies OPM that

the amount of annual leave donated by its employees is not sufficient

to meet the needs of its approved emergency leave recipients, we will

coordinate a Governmentwide transfer of annual leave from donating

agencies to affected agencies for crediting to their emergency leave

recipients. OPM will make the determination to solicit and accept

donated annual leave from agencies Governmentwide for this purpose.

The Agency's Role

To expedite the transfer of leave in disaster situations, each

agency will be responsible for--

(1) Determining whether, and how much, donated annual leave is

needed by affected employees;

(2) Approving leave donors and/or leave recipients within the

agency; and

(3) Facilitating the distribution of donated annual leave from

approved leave donors to approved leave recipients within the agency.

Agencies are authorized to distribute donated annual leave to

approved emergency leave recipients as they see fit. It would not be

productive for OPM to attempt to regulate the many needs and situations

that may occur as a result of a major disaster or emergency. Individual

agencies are best suited to make determinations on the hardship faced

by each employee based on evidence administratively acceptable to the

agency. Agencies may wish to establish committees or emergency leave

boards to administer emergency leave donations. However, this is not an

OPM requirement. OPM's final regulations provide agencies with maximum

flexibility in approving donated annual leave for those individuals in

need.

If an agency does not receive sufficient donated annual leave to

meet the needs of its approved emergency leave recipients, the agency's

designated emergency leave transfer coordinator should contact OPM for

assistance. OPM will solicit and coordinate the transfer of donated

annual leave from other Federal agencies to affected agencies who may

have a shortfall of donated emergency leave. (See Sec. 630.1107(a).)

Emergency Leave Recipient

Two agencies asked for clarification as to whether an emergency

leave recipient must exhaust his or her own leave before receiving

donated annual leave from an emergency leave transfer program.

Emergency leave recipients are not required to exhaust their accrued

annual or sick leave before receiving donated annual leave under an

emergency leave transfer program. This is an important distinction from

the voluntary leave transfer and leave bank programs, which require

leave recipients to use all their available paid leave before using

donated leave. Therefore, Sec. 630.1105(d) of the final regulations

provides that an emergency leave recipient is not required to exhaust

his or her accrued annual or sick leave before receiving donated annual

leave under the emergency leave transfer program.

Family Member

One agency asked whether donated annual leave received from the

emergency leave transfer program can be used to assist family members

adversely affected by a major disaster or emergency. Section

630.1104(b) of the final regulations permits an emergency leave

recipient to use donated annual leave to care for a family member who

has been adversely affected by a major disaster or emergency. Section

630.1102 of the final regulations includes a definition of ``family

member.'' The definition of ``family member'' is the same definition

used in the voluntary leave transfer and leave bank programs. Employees

may use donated annual leave to assist a family member adversely

affected by a major disaster or emergency, provided the family member

has no reasonable access to other forms of assistance. Agencies are

responsible for ensuring that annual leave donated under the emergency

leave transfer program is used appropriately. (See Sec. 630.1106(i) of

the final regulations.)

Limitations on Donating Annual Leave

The proposed regulations provide that an emergency leave donor may

not contribute more than 104 hours of annual leave in a leave year. An

agency questioned why the limit was fixed at 104 hours, while the

limitation for the existing leave transfer program varies based on the

leave donor's annual leave accrual rate (i.e., 4, 6, or 8 hours).

Another agency suggested abolishing all limitations on donating annual

leave. OPM believes the 104-hour limitation provides each potential

emergency leave donor with the opportunity to make a significant annual

leave donation. Completely eliminating the limitation on the donation

of annual leave may create additional costs to the Federal Government

by allowing annual leave to be donated that might otherwise be

forfeited. This suggestion was not adopted. However, Sec. 630.1106(b)

of the final regulations permits each agency to establish written

procedures for waiving the 104-hour limitation on donating annual leave

in appropriate circumstances.

Under the proposed regulations, an emergency leave donor could not

donate annual leave directly to a specific emergency leave recipient.

Two agencies suggested that emergency leave donors be permitted to

donate annual leave directly to an employee adversely affected by a

major disaster or emergency. This suggestion was not adopted. The

intent of the emergency leave transfer program is to allow an employee

to assist his or her fellow Federal employees in the event of a major

disaster or emergency. The program has been designed to provide mass

transfers of leave to affected employees. This is the quickest and most

efficient way to provide relief to all those in need. If an employee

wishes to donate annual leave directly to an individual, he or she may

contact the local personnel office to inquire about donating annual

leave under his or her agency's voluntary leave transfer program, if

the recipient meets eligibility requirements for that program.

One agency requested that OPM provide an estimate of the amount of

leave needed for an emergency before any donated annual leave is

actually transferred between agencies. In the

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event there is a need to transfer emergency donated leave between

agencies, OPM will attempt to quickly obtain estimates from agency

representatives concerning the amount of donated annual leave an agency

may need. We believe this will reduce the administrative burden of

unnecessarily transferring leave when specific needs have not been

identified.

Under the proposed regulations, the minimum amount of annual leave

that an employee could donate is 1 hour. An agency requested that the

minimum donation limit be raised to 8 hours for administrative

convenience. We believe an 8-hour minimum is too high and would reduce

the potential pool of leave donors. This suggestion was not adopted.

Section 630.1106(b) of the final regulations imposes a minimum donation

of 1 hour of annual leave under the emergency leave transfer program.

Limitations on Receiving Donated Leave

The proposed regulations provided that an emergency leave recipient

could receive no more than 240 hours of donated annual leave at any one

time from an emergency leave transfer program for each disaster or

emergency. An agency asked to waive the 240-hour limit on the receipt

of donated leave. A waiver is not necessary. An agency may authorize

additional donated annual leave whenever needed, as long as an

emergency leave recipient receives no more than 240 hours at any one

time. In contrast, another agency commented that the 240-hour limit was

too high. OPM's regulations do not guarantee that an emergency leave

recipient adversely affected by a major disaster or emergency will

receive 240 hours of donated annual leave. Each employing agency must

make a determination based on administratively acceptable evidence as

to how much donated annual leave each approved emergency leave

recipient may receive.

Distributing Donated Leave

Three agencies asked whether OPM will issue additional guidance for

administering and distributing donated annual leave to affected

individuals. We believe the final regulations provide agencies with

broad guidance on administering an emergency leave transfer program. In

addition, staff of OPM's Workforce Compensation and Performance Service

stand ready to serve as advisors, facilitators, and/or coordinators in

any emergency affecting Federal employees.

Retroactive Substitution of Donated Leave

The proposed regulations provided that donated annual leave could

be substituted retroactively for any period of annual leave, sick

leave, or leave without pay used as a result of a disaster or

emergency. However, in OPM's recent guidance on establishing an

emergency leave transfer program for Hurricane Georges and the

tornadoes in Oklahoma and Kansas, an emergency leave recipient could

not retroactively substitute donated annual leave for periods of annual

and sick leave used during the disaster or emergency. An agency asked

for clarification of OPM's policy.

The legislation establishing the emergency leave transfer program

(5 U.S.C. 6391) does not authorize the substitution of donated annual

leave retroactively for periods of annual and sick leave. However,

under the voluntary leave transfer and leave bank programs, Congress

did permit the substitution of donated annual leave retroactively for

any period of leave without pay used as a result of the emergency or to

liquidate an indebtedness incurred by an employee for advance annual or

sick leave used as a result of the emergency. Based on this precedent,

Sec. 630.1106(f) of the final regulations provides that an emergency

leave recipient may substitute donated annual leave retroactively

(beginning no earlier than the date of the disaster or emergency) for

any period of leave without pay used as a result of the emergency or to

liquidate an indebtedness incurred by an employee for advance annual or

sick leave used as a result of the emergency.

For the immediate emergency, affected employees typically will be

granted excused absence. To further assist employees, the final

regulations provide that agencies may advance annual leave or sick

leave, as appropriate, to approved emergency leave recipients (even if

an employee has available annual and sick leave), so that the emergency

leave recipient is not forced to use his or her accrued leave before

donated annual leave becomes available. Affected employees may then

substitute donated annual leave retroactively for advance annual or

sick leave.

Further, Sec. 630.1104(e) of the final regulations provides that

agencies may administratively determine a time period by which

employees must apply to become an emergency leave recipient after the

occurrence of a major disaster or emergency.

Restoration of Unused Donated Leave

The proposed regulations provided that any annual leave donated to

the emergency leave transfer program that is not used by an approved

emergency leave recipient must be returned to the emergency leave

donor(s). Two agencies and one organization suggested that the proposed

regulations be changed to permit unused donated leave to remain in the

emergency leave transfer program for future use in the event that

another major disaster or emergency occurs. One agency suggested that

unused donated leave be restored only to those employees currently

employed by the agency from which they donated leave. Another agency

suggested that unused donated leave be restored in 1-hour increments.

Although these suggested changes might relieve some of the

administrative burden of returning unused donated leave to emergency

leave donors, we believe it would be unfair to the employees who

generously donated their annual leave to have the leave remain in the

emergency leave transfer program indefinitely and without purpose.

Also, it would be inappropriate to retain unused donated leave simply

because the leave donor has transferred to another Federal agency.

Therefore, Sec. 630.1108(b) of the final regulations provides that the

amount of unused donated annual leave to be restored to the emergency

leave donor(s) will be proportional to the amount of annual leave

donated by the employee to the emergency leave transfer program for

each disaster or emergency. The unused donated annual leave must be

restored to the leave donor(s) in the lowest increment that the agency

payroll system can accommodate.

Under the proposed regulations, emergency leave donors would be

permitted to elect to have any unused donated annual leave restored in

the current leave year or on the first day of the first leave year

beginning after the date of election. One agency requested

clarification of the phrase ``date of election'' as described above. We

agree that clarification is needed. Therefore, Sec. 630.1108(c)(2) of

the final regulations permits the emergency leave donor to elect to

have his or her unused donated annual leave restored in the current

leave year or on the first day of the following leave year.

Family and Medical Leave

An agency asked whether OPM's regulations in 5 CFR part 630,

subpart L, on the Family and Medical Leave Act of 1993 (FMLA) could be

expanded to

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permit the use of FMLA leave for cleanup or recovery efforts for a

major disaster or emergency situation. The purposes for which FMLA

leave may be used are cited in law, and include caring for a spouse,

son, daughter, or parent with a serious health condition. OPM does not

have authority to expand the purposes for which FMLA leave may be used.

Forms for Donating/Receiving Annual Leave

OPM has developed the following forms to facilitate the transfer of

donated annual leave under the emergency leave transfer program:

(1) OPM Form 1637, ``Application to Become a Leave Recipient Under

the Emergency Leave Transfer Program'';

(2) OPM Form 1638, ``Request to Donate Annual Leave Under the

Emergency Leave Transfer Program''; and

(3) OPM Form 1639, ``Transfer of Donated Annual Leave To/From the

Emergency Leave Transfer Program''.

These forms can be accessed on OPM's internet web site at http://

www.opm.gov/forms/html/emerg.htm.

Voluntary Leave Transfer and Leave Bank Programs

One agency recommended merging the emergency leave transfer program

established for emergencies or major disasters with the existing

voluntary leave transfer and leave bank programs established for

medical emergencies. A separate law was enacted to establish the

emergency leave transfer program, and the program provides benefits for

different purposes and with fewer requirements. It would not be

feasible to merge the emergency leave transfer program with the

voluntary leave transfer and leave bank programs.

Miscellaneous

One agency noted that the word ``voluntary'' is not used in the

Emergency Leave Transfer Program. Participation in the emergency leave

transfer program is strictly voluntary. Section 630.1109 of the final

regulations provides that an employee may not directly or indirectly

intimidate, threaten, or coerce, or attempt to intimidate, threaten, or

coerce, any other employee for the purpose of interfering with any

right such employee may have with respect to donating, receiving, or

using donated annual leave.

One agency perceived an inequity for Federal employees in small

rural areas because disasters that may occur in these areas may not

receive a Presidential emergency declaration and employees in these

areas therefore may not receive donated annual leave from an emergency

leave transfer program.

If an emergency leave transfer program is not established in a

small rural area, employees affected by a major disaster may continue

to participate in their agency's existing voluntary leave transfer and

leave bank programs. We believe these programs will be sufficient to

cover the needs of most employees in the event of a major disaster or

emergency. Further, the existing voluntary leave transfer program

permits agencies to receive donations of annual leave from employees in

other agencies when it is determined that such a transfer of leave

would further the purpose of the program. (See Sec. 630.906(f)(3).)

One individual suggested that employees be allowed to ``cash out''

donated leave to use for expenses related to emergency situations.

There is no legal authority to provide cash to employees in lieu of

donated annual leave.

One agency asked whether the emergency leave transfer program

applies to Foreign Service employees. The law governing the emergency

leave transfer program defines ``agency'' as an Executive agency and

``employee'' as an employee covered by chapter 63 of title 5, United

States Code. Therefore, the emergency leave transfer program applies to

any member of the Senior Foreign Service or any Foreign Service officer

(other than a member or officer serving as chief of mission or in a

position that requires appointment by and with the advice and consent

of the Senate) and any member of the Foreign Service commissioned as a

diplomatic or consular officer, or both, under section 312 of the

Foreign Service Act of 1980. (See 5 U.S.C. 6391(a)(2) and 6301(2).)

Recordkeeping

Two agencies suggested that OPM establish a Governmentwide tracking

system to identify and track annual leave donations under the emergency

leave transfer program. Since payroll systems vary from agency to

agency, a uniform tracking and record maintenance system is not

feasible.

Technical Corrections

We are also taking advantage of the publication of these final

regulations to correct two erroneous citations in Sec. 630.310

concerning the scheduling of annual leave by employees deemed necessary

for year 2000 computer conversion efforts.

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 agencies and employees.

List of Subjects in 5 CFR Part 630

Government employees.

Office of Personnel Management.

Janice R. Lachance,

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. 105-18, 111 Stat. 158; 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. 102-25, 105 Stat. 92.

Subpart C--Annual Leave

Sec. 630.310 [Amended]

2. In Sec. 630.310(b), ``630.208'' is corrected to read

``630.308.''

3. In Sec. 630.310(d), ``630.308'' is corrected to read

``630.306.''

[Subpart K--Redesignated as Subpart M]

4. 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), and a new subpart K (consisting of Secs. 630.1101

through 630.1109) is added to read as follows:

Subpart K--Emergency Leave Transfer Program

Sec.

630.1101 Purpose, applicability, and administration.

630.1102 Definitions.

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630.1103 Establishment of an emergency leave transfer program.

630.1104 Application to become an emergency leave recipient.

630.1105 Approval of application to become an emergency leave

recipient.

630.1106 Limitations on donation and use of annual leave.

630.1107 Governmentwide transfer of emergency leave.

630.1108 Termination of disaster or emergency.

630.1109 Prohibition of coercion.

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 must 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 a direct threat to

life or health).

Emergency leave donor means a current employee whose voluntary

written request for transfer of annual leave to an emergency leave

transfer program is approved by his or her employing agency.

Emergency leave transfer program means a program established by OPM

that permits Federal employees to transfer their unused annual leave to

other Federal employees adversely affected by a disaster or emergency,

as declared by the President.

Emergency leave recipient means a current employee for whom the

employing agency has approved an application to receive annual leave

from an emergency leave transfer program.

Employee has the meaning given that term in 5 U.S.C. 6331(1).

Family member has the meaning given that term in Sec. 630.902.

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 an emergency leave transfer program.

(a) When directed by the President, OPM will establish an emergency

leave transfer program that permits an employee to donate his or her

accrued annual leave to employees of the same or other Executive

agencies who are adversely affected by such a disaster or emergency.

(b) OPM will notify agencies of the establishment of an emergency

leave transfer program for a specific disaster or emergency, as

declared by the President. Once notified, each agency affected by the

disaster or emergency is authorized to do the following:

(1) Determine whether, and how much, donated annual leave is needed

by affected employees;

(2) Approve leave donors and/or leave recipients in their agencies,

as appropriate;

(3) Facilitate the distribution of donated annual leave from

approved leave donors to approved leave recipients within their

agencies; and

(4) Determine the period of time for which donated annual leave may

be accepted for distribution to approved leave recipients.

(c) A leave bank established under subchapter IV of chapter 63 of

title 5, United States Code, and subpart J of part 630 may, with the

concurrence of the leave bank board established under Sec. 630.1003,

donate annual leave to an emergency leave transfer program administered

by the leave bank's employing agency.

Sec. 630.1104 Application to become an emergency leave recipient.

(a) An employee who has been adversely affected by a disaster or

emergency may make written application to his or her employing agency

to become an emergency leave recipient. If an employee is not capable

of making written application, a personal representative of the

potential leave recipient may make written application on his or her

behalf.

(b) An employee who has a family member who has been adversely

affected by a disaster or emergency may also make written application

to his or her employing agency to become an emergency leave recipient.

An emergency leave recipient may use donated annual leave to assist an

affected family member, provided such family member has no reasonable

access to other forms of assistance.

(c) For the purpose of this subpart, an employee will be considered

to be adversely affected by a major disaster or emergency if the

disaster or emergency has caused severe hardship to the employee or a

family member of the employee to such a degree that the employee's

absence from work is required.

(d) The employee's application must be accompanied by the following

information concerning each potential leave recipient:

(1) The name, position title, and grade or pay level of the

potential emergency leave recipient;

(2) A statement describing his or her need for leave from the

emergency leave transfer program;

(3) Any additional information that may be required by the

potential leave recipient's employing agency.

(e) Agencies may administratively determine a time period by which

employees must apply to become an emergency leave recipient after the

occurrence of a major disaster or emergency.

Sec. 630.1105 Approval of application to become an emergency leave

recipient.

(a) The potential emergency leave recipient's employing agency will

review the application to become a leave recipient under procedures

established by the employing agency for the purpose of determining that

the potential leave recipient is or has been affected by the major

disaster or emergency.

(b) If the application is approved, the employing agency must

notify the leave recipient (or his or her personal representative)

within 10 calendar days (excluding Saturdays, Sundays, and legal public

holidays) after the date the application was received (or the date the

employing agency established its administrative procedures, if that

date is later).

(c) If the application is not approved, the employing agency must

notify the applicant (or the personal representative who made

application on behalf of the potential emergency leave recipient)

within 10 calendar days (excluding

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Saturdays, Sundays, and legal public holidays) after the date the

application was received (or the date the employing agency establishes

its administrative procedures, if that date is later). The agency must

give the reasons for its disapproval.

(d) An approved emergency leave recipient is not required to

exhaust his or her accrued annual and sick leave before receiving

donated leave under the emergency leave transfer program.

Sec. 630.1106 Limitations on donation and use of annual leave.

(a) An employee may voluntarily submit a 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 paragraph (b)

of this section, be transferred from his or her annual leave account to

an emergency leave transfer program 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) An emergency leave donor may not contribute less than 1 hour

nor more than 104 hours of annual leave in a leave year. Each agency

may establish written criteria for waiving the 104-hour limitation on

donating annual leave in a leave year.

(c) Annual leave donated under this subpart may not be applied

against the limitations on the donation of annual leave under the

voluntary leave transfer or leave bank programs established under 5

U.S.C. 6332 and 6362, respectively.

(d) An emergency leave recipient may receive a maximum of 240 hours

of donated annual leave at any one time from an emergency leave

transfer program for each disaster or emergency.

(e) Each emergency leave recipient must use the donated annual

leave for purposes related to the disaster or emergency for which the

emergency leave recipient was approved.

(f) Annual leave transferred under this subpart may be--

(1) Substituted retroactively for any period of leave without pay

used because of the adverse effects of the disaster or emergency; or

(2) Used to liquidate an indebtedness incurred by the emergency

leave recipient for advance annual or sick leave used due to the

adverse effects of the disaster or emergency. An agency may advance an

emergency leave recipient annual or sick leave, as appropriate (even if

the employee has available annual and sick leave), so that the

emergency leave recipient is not forced to use his or her accrued leave

before donated annual leave becomes available.

(g) While an emergency leave recipient is using donated annual

leave from an emergency leave transfer program, annual and sick leave

will 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 will 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.

(h) 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).

(i) Agencies are responsible for ensuring that annual leave donated

under the emergency leave transfer program is used appropriately.

Sec. 630.1107 Governmentwide transfer of emergency leave.

(a) If an agency does not receive sufficient amounts of donated

annual leave to meet the needs of approved emergency leave recipients

within the agency, the agency may contact OPM for assistance. The

agency must notify OPM of the total amount of donated annual leave

needed for transfer to its approved emergency leave recipients. OPM

will solicit and coordinate the transfer of donated annual leave from

other Federal agencies to affected agencies who may have a shortfall of

donated annual leave. OPM will determine the period of time for which

donations of accrued annual leave may be accepted for transfer to

affected agencies.

(b) Each Federal agency contacted by OPM for the purpose of

providing donated annual leave to an agency in need will--

(1) Approve leave donors under the conditions specified in

Sec. 630.1106(a) and (b) and determine how much donated annual leave is

available for transfer to an affected agency;

(2) Maintain records on the amount of leave donated by each

emergency leave donor to the emergency leave transfer program (for the

purpose of restoring unused transferred annual leave under

Sec. 630.1108(c));

(3) Report the total amount of annual leave donated to the

emergency leave transfer program to OPM; and

(4) When OPM has accepted the donated annual leave, debit the

amount of annual leave donated to the emergency leave transfer program

from each emergency leave donor's annual leave account.

(c) 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). The

affected agency will determine the amount of donated annual leave to be

transferred to each emergency leave recipient (an amount that may vary

according to individual needs).

(d) The affected agency must 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.

(e) Any annual leave donated to an emergency leave transfer program

that is not used by the approved emergency leave recipients will be

returned by OPM to the donating agencies for restoring to their

emergency leave donors under Sec. 630.1108(b). The donating agencies

must determine the amount of donated annual leave to be returned to

each of their emergency leave donors consistent with the provisions in

Sec. 630.1108(c).

Sec. 630.1108 Termination of disaster or emergency.

(a) The disaster or emergency affecting an emergency leave

recipient terminates--

(1) When the employing agency or OPM determines that the disaster

or emergency has terminated;

(2) When the emergency leave recipient's Federal service

terminates;

(3) 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;

(4) 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

(5) 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

[[Page 72256]]

Civil Service Retirement System or the Federal Employees' Retirement

System, as appropriate.

(b) When a disaster or emergency affecting an emergency leave

recipient is terminated, any annual leave donated to an emergency leave

transfer program that is not used by an approved emergency leave

recipient must be returned to the emergency leave donors. The amount of

remaining annual leave to be returned to each emergency leave donor

must be proportional to the amount of annual leave donated by the

employee to the emergency leave transfer program for such disaster or

emergency. Annual leave donated to an emergency leave transfer program

for a specific disaster or emergency may not be transferred to another

emergency leave transfer program established for a different disaster

or emergency.

(c) Under procedures established by the donating agency, the agency

will determine the amount of annual leave returned under paragraph (b)

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, unused

transferred annual leave restored to the emergency leave donor 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

following leave year.

Sec. 630.1109 Prohibition of coercion.

(a) An employee may not directly or indirectly intimidate,

threaten, or coerce, or attempt to intimidate, threaten, or coerce, any

other employee for the purpose of interfering with any right such

employee may have with respect to donating, receiving, or using annual

leave under this subpart.

(b) For the purpose of paragraph (a) of this section, the term

``intimidate, threaten, or coerce'' includes promising to confer or

conferring any benefit (such as appointment or promotion or

compensation) or effecting or threatening to effect any reprisal (such

as deprivation of appointment, promotion, or compensation).

5. 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:

Secs. 630.1304, 630.1308, and 630.1309 [Amended]

------------------------------------------------------------------------

Section Remove Add

------------------------------------------------------------------------

630.1304.................... Sec. 630.1109(b)(1) Sec. 630.1309(b)(1)

630.1308.................... Sec. 630.1107 Sec. 630.1307

630.1309.................... Sec. 630.1104(c) Sec. 630.1304(c)

630.1309.................... Sec. 630.1103(b) Sec. 630.1303(b)

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[FR Doc. 99-33361 Filed 12-23-99; 8:45 am]

BILLING CODE 6325-01-P