Washington, D.C.- U.S. Senators Daniel K. Akaka (D-HI) and Mark Pryor (D-AR) introduced legislation today to provide for equity in the accrual of annual leave for administrative law judges (ALJs), contract board of appeals judges (CBAJs), and immigration law judges (IJs).

As part of the Federal Workforce Flexibility Act of 2004, Congress changed the leave accrual rate for new mid-career employees, allowing agency heads to deem a period of qualified non-federal career experience for an individual an equal period of service performed by a federal employee.  In addition, the Act stated that all senior executives and other senior level employees shall accrue annual leave at the maximum rate of eight hours for each bi-weekly pay period. 

In the past, ALJs, CBAJs, IJs and members of the Senior Executive Service (SES) have been treated similarly.  However, the Office of Personnel Management (OPM) is now taking the position that these judges should not receive the same leave benefits as members of the SES since they are not under a pay for performance system. 

"Congress' intent in passing the Federal Workforce Flexibility Act was to ensure that all senior level employees, including Administrative Law Judges, be given the same enhanced leave benefits," Senator Akaka said.  "Requiring these employees to be subject to pay for performance in order to receive their benefits threatens their independence and does nothing to help recruit them."

The bill is supported by the Association of Administrative Law Judges, the International Federation of Professional and Technical Engineers, the National Association of Immigration Judges, and the Senior Executives Association.

Senator Akaka is Chairman of the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia of the Committee on Homeland Security and Governmental Affairs.

- END-