Washington, D.C. 20530

February 5, 2001

MEMORANDUM FOR BUREAU PERSONNEL OFFICERS

SUBJECT:      Recent Legislative Changes Affecting Pay and Leave

Legislative actions and legislation enacted recently have resulted in changes to certain pay and leave provisions affecting Federal employees. The attached memorandum from the Office of Personnel Management (OPM) describes in detail the changes, and identifies the provisions of the law which apply to them. Matters covered in the OPM memorandum which may concern Department employees include topics such as military leave administration, pay for administrative appeals judges, and physicians' comparability allowances.

The changes in military leave administration affect employees in all Department components who are eligible to accrue and use military leave. The new provisions became effective on December 21, 2000. Briefly, the new law amended section 6323(a) of title 5, United States Code, by adding a new paragraph (3). The new section 6323(a)(3) states that the minimum charge for military leave is 1 hour, with additional charges in multiples of the minimum. OPM explains that the intent of Congress is to recognize an 8-hour civilian workday as the basis for accruing 1 day of military leave, and there is no intent to charge an employee military leave for the hours that he or she would not otherwise work. Thus, beginning December 21, 2000, an employee may be charged military leave only for hours which the employee otherwise would have worked and received pay. Members of the Reserves and/or National Guard will no longer be charged military leave for non-duty days, e.g., weekends and holidays, that occur within the period of military service.

Under separate cover, we are asking you to notify us if you have any positions that will be subject to the new administrative appeals judge pay plan.

At this time, the extension of the physicians' comparability allowance (PCA) authority only affects the Bureau of Prisons (BOP), since BOP is the only Department component with a PCA plan that has been approved by the Office of Management and Budget.

Please note that the item concerning paid parental leave in connection with the birth or adoption of a child does not refer to any new entitlement or to any change in existing entitlements. The House Report concerning this item directs OPM to conduct a study to develop ways to provide Federal employees with at least six weeks of paid parental leave for such purposes. OPM must then report to Congress their findings and recommendations. No additional paid parental leave for such purposes is currently available or promised.

Members of your staff who have comments or questions concerning these matters may contact the following members of the Personnel Staff's Policy Group: Margaret Foskey on leave administration and John Cahill on pay and compensation. Both Ms. Foskey and Mr. Cahill may be reached on (202) 514-6778. Employees who have questions about this information should be referred to knowledgeable staff members in their servicing personnel offices.

Attachments

cc: Melinda Morgan, HRSAG