TITLE 5--ADMINISTRATIVE PERSONNEL

CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT

PART 630--ABSENCE AND LEAVE--Table of Contents

Subpart I--Voluntary Leave Transfer Program

Sec. 630.901 Purpose and applicability.

Source: 59 FR 67125, Dec. 29, 1994, unless otherwise noted.


(a) Purpose. The purpose of this subpart is to set forth procedures
and requirements for a voluntary leave transfer program under which the
unused accrued annual leave of one agency officer or employee may be
transferred for use by another agency officer or employee who needs such
leave because of a medical emergency.
(b) Applicability. This subpart applies to officers and employees to
whom subchapter I of chapter 63 of title 5, United States Code, applies.

Sec. 630.902 Definitions.

Agency means--
(a) An Executive agency, as defined in 5 U.S.C. 105;
(b) A military department, as defined in 5 U.S.C. 102; or
(c) Any other entity of the Federal Government that employs officers
or employees to whom subchapter I of chapter 63 of title 5, United
States Code, applies. Agency does not include the Central Intelligence
Agency; the Defense Intelligence Agency; the National Security Agency;
the Federal Bureau of Investigation; or any other Executive agency or
unit thereof, as determined by the President, whose principal function
is the conduct of foreign intelligence or counterintelligence
activities.
Available paid leave means accrued or accumulated annual or sick
leave under subchapter I of chapter 63 of title 5, United States Code,
and recredited and restored annual or sick leave under subpart E of this
part. Available paid leave does not include annual or sick leave
advanced to an employee under 5 U.S.C. 6302(d) or 6307(c) or any annual
or sick leave accrued under Sec. 630.907(a) that has not been
transferred to the appropriate leave account under Sec. 630.907(c).
Employee has the meaning given that term in 5 U.S.C. 6301(2), except
an individual employed by the government of the District of Columbia.
Family member means the following relatives of the employee:
(a) Spouse, and parents thereof;
(b) Children, including adopted children, and spouses thereof;
(c) Parents;
(d) Brothers and sisters, and spouses thereof; and
(e) Any individual related by blood or affinity whose close
association with the employee is the equivalent of a family
relationship.
Leave donor means an employee whose voluntary written request for
transfer of annual leave to the annual leave account of a leave
recipient is approved by his or her own employing agency.

[[Page 689]]

Leave recipient means a current employee for whom the employing
agency has approved an application to receive annual leave from the
annual leave accounts of one or more leave donors.
Medical emergency means a medical condition of an employee or a
family member of such employee that is likely to require an 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.
Paid leave status under subchapter I means the administrative status
of an employee while the employee is using annual or sick leave accrued
or accumulated under subchapter I of chapter 63 of title 5, United
States Code.
Shared leave status means the administrative status of an employee
while the employee is using transferred leave under this subpart or
leave transferred from a leave bank under subpart J of this part.

Sec. 630.903 Administrative procedures.

Each Federal agency shall establish and administer procedures to
permit the voluntary transfer of annual leave consistent with this
subpart.

Sec. 630.904 Application to become a leave recipient.

(a) An employee may make written application to his or her employing
agency to become a leave recipient. If an employee is not capable of
making application on his or her own behalf, a personal representative
of the potential leave recipient may make written application on his or
her behalf.
(b) Each application shall be accompanied by the following
information concerning each potential leave recipient:
(1) The name, position title, and grade or pay level of the
potential leave recipient;
(2) The reasons transferred leave is needed, including a brief
description of the nature, severity, and anticipated duration of the
medical emergency, and if it is a recurring one, the approximate
frequency of the medical emergency affecting the potential leave
recipient;
(3) Certification from one or more physicians, or other appropriate
experts, with respect to the medical emergency, if the potential leave
recipient's employing agency so requires; and
(4) Any additional information that may be required by the potential
leave recipient's employing agency.
(c) If the potential leave recipient's employing agency requires
that a potential leave recipient obtain certification from two or more
sources under paragraph (b)(3) of this section, the potential leave
recipient's employing agency shall ensure, either by direct payment to
the expert involved or by reimbursement, that the potential leave
recipient is not required to pay for the expenses associated with
obtaining certification from more than one source.

Sec. 630.905 Approval of application to become a leave recipient.

(a) The potential leave recipient's employing agency shall review an
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 a medical emergency.
(b) Before approving an application to become a leave recipient, the
potential leave recipient's employing agency shall determine that the
absence from duty without available paid leave because of the medical
emergency is (or is expected to be) at least 24 hours (or, in the case
of a part-time employee or an employee with an uncommon tour of duty, at
least 30 percent of the average number of hours in the employee's
biweekly scheduled tour of duty).
(c) In making a determination as to whether a medical emergency is
likely to result in a substantial loss of income, an agency shall not
consider factors other than whether the absence from duty without
available paid leave is (or is expected to be) at least 24 hours (or, in
the case of a part-time employee or an employee with an uncommon tour of
duty, at least 30 percent of the average number of hours in the
employee's biweekly scheduled tour of duty).
(d) If the application is approved, the employing agency shall
notify the

[[Page 690]]

leave recipient (or the personal representative who made application on
behalf of the leave recipient), 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), that--
(1) The application has been approved; and
(2) Other employees of the leave recipient's employing agency may
request the transfer of annual leave to the account of the leave
recipient.
(e) If the application is not approved, the employing agency shall
notify the applicant (or the personal representative who made
application on behalf of the potential leave recipient), 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)--
(1) That the application has not been approved; and
(2) The reasons for its disapproval.

[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995; 61
FR 64451, Dec. 5, 1996]

Sec. 630.906 Transfer of annual leave.

(a) An employee may submit a voluntary written request to his or her
own employing agency that a specified number of hours of his or her
accrued annual leave be transferred from his or her annual leave account
to the annual leave account of a specified leave recipient. Except as
provided in paragraph (f) of this section, annual leave may be
transferred only to a leave recipient employed by the leave donor's
employing agency.
(b) Except as provided in paragraph (d) of this section and subject
to the limitations on the amount of annual leave that may be donated by
a leave donor under Sec. 630.908, all or any portion of the annual leave
requested under paragraph (a) of this section may be transferred to the
annual leave account of the specified leave recipient under procedures
established by the leave recipient's employing agency.
(c) An agency having employees who earn and use annual leave on the
basis of an uncommon tour of duty shall establish procedures for
administering the transfer of annual leave to or from such employees
under this subpart.
(d) A leave recipient's employing agency shall not transfer annual
leave to a leave donor's immediate supervisor.
(e) Annual leave transferred under this section may be substituted
retroactively for period of leave without pay (LWOP) or used to
liquidate an indebtedness for advanced annual or sick leave granted on
or after a date fixed by the leave recipient's employing agency as the
beginning of the period of medical emergency for which LWOP or advanced
annual or sick leave was granted.
(f) A leave recipient's employing agency shall accept the transfer
of annual leave from leave donors employed by one or more other agencies
when--
(1) A family member of a leave recipient is employed by another
agency and requests the transfer of annual leave to the leave recipient;
(2) In the judgment of the leave recipient's employing agency, the
amount of annual leave transferred from leave donors employed by the
leave recipient's employing agency may not be sufficient to meet the
needs of the leave recipient; or
(3) In the judgment of the leave recipient's employing agency,
acceptance of leave transferred from another agency would further the
purpose of the voluntary leave transfer program.
(g) The employing agency of a leave donor who wishes to donate
annual leave to a leave recipient in another agency shall verify the
availability of annual leave in the leave donor's annual leave account,
determine that the amount of annual leave to be donated does not exceed
the limitations in Sec. 630.908, and ascertain that the leave
recipient's employing agency has made any determination that may be
required under paragraph (f) of this section. Upon satisfying these
requirements, the leave donor's employing agency shall--
(1) Reduce the amount of annual leave credited to the leave donor's
annual leave account, as appropriate; and
(2) Notify the leave recipient's employing agency in writing of the

[[Page 691]]

amount of annual leave to be credited to the leave recipient's annual
leave account.

Sec. 630.907 Accrual of annual and sick leave.

(a) Except as otherwise provided in this section, while an employee
is in a shared leave status, annual and sick leave shall accrue to the
credit of the employee at the same rate as if the employee where then in
a paid leave status under subchapter I of chapter 63 of title 5, United
States Code, except that--
(1) The maximum amount of annual leave that may be accrued by an
employee while in a shared leave status in connection with any
particular medical emergency may not exceed 40 hours (or, in the case of
a part-time employee or an employee with an uncommon tour of duty, the
average number of hours in the employee's weekly scheduled tour of
duty); and
(2) The maximum amount of sick leave that may be accrued by an
employee while in a shared leave status in connection with any
particular medical emergency may not exceed 40 hours (or, in the case of
a part-time employee or an employee with an uncommon tour of duty, the
average number of hours in the employee's weekly scheduled tour of
duty).
(b) Any annual or sick leave accrued by an employee under this
subpart and subpart J of this part--
(1) Shall be credited to an annual or sick leave account, as
appropriate, separate from any leave account of the employee under
subchapter I of chapter 63 of title 5, United States Code; and
(2) Shall not become available for use by the employee and may not
otherwise be taken into account under subchapter I of chapter 63 of
title 5, United States Code, until it is transferred to the appropriate
leave account of the employee under subchapter I of chapter 63 of title
5, United States Code, as provided in paragraph (c) of this section.
(c) Any annual or sick leave accrued by an employee under this
section shall be transferred to the appropriate leave account of the
employee under subchapter I of chapter 63 of title 5, United States
Code, and shall become available for use--
(1) As of the beginning of the first pay period beginning on or
after the date on which the employee's medical emergency terminates as
described in Sec. 630.910(a)(2) or (3); or
(2) If the employee's medical emergency has not yet terminated, once
the employee has exhausted all leave made available to such employee
under this subpart or subpart J of this part.
(d) If the leave recipient's employing agency advances at the
beginning of the leave year the amount of annual leave the employee
normally would accrue during the entire leave year under 5 U.S.C.
6302(d)--
(1) The leave recipient's employing agency shall establish
procedures to ensure that 40 hours (or, in the case of a part-time
employee or an employee with an uncommon tour of duty, the average
number of hours in the employee's weekly scheduled tour of duty) of
annual leave are placed in a separate annual leave account and made
available for use by the employee as described in paragraph (c) of this
section; and
(2) The employee shall continue to accrue annual leave while in a
shared leave status to the extent necessary for the purpose of reducing
any indebtedness caused by the use of annual leave advanced at the
beginning of the leave year.
(e) If the employee's medical emergency terminates as described in
Sec. 630.910(a)(1), no leave shall be credited to the employee under
this section.

[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995; 61
FR 64451, Dec. 5, 1996]

Sec. 630.908 Limitations on donation of annual leave.

(a) In any one leave year, a leave donor may donate no more than a
total of one-half of the amount of annual leave he or she would be
entitled to accrue during the leave year in which the donation is made.
(b) In the case of a leave donor who is projected to have annual
leave that otherwise would be subject to forfeiture at the end of the
leave year under 5 U.S.C. 6304(a), the maximum amount of annual leave
that may be donated during the leave year shall be the lesser of--

[[Page 692]]

(1) One-half of the amount of annual leave he or she would be
entitled to accrue during the leave year in which the donation is made;
or
(2) The number of hours remaining in the leave year (as of the date
of the transfer) for which the leave donor is scheduled to work and
receive pay.
(c) Each agency shall establish written criteria for waiving the
limitations on donating annual leave under paragraphs (a) and (b) of
this section. Any such waiver shall be documented in writing.
(d) The limitations in this section shall apply to the total amount
of annual leave donated or contributed under subparts I and J of this
part.

Sec. 630.909 Use of transferred annual leave.

(a) A leave recipient may use annual leave transferred to his or her
annual leave account under Sec. 630.906 only for the purpose of a
medical emergency for which the leave recipient was approved.
(b) Except as provided in Sec. 630.907, during each biweekly pay
period that a leave recipient is affected by a medical emergency, he or
she shall use any accrued annual leave (and sick leave, if applicable)
before using transferred annual leave.
(c) The approval and use of transferred annual leave shall be
subject to all of the conditions and requirements imposed by chapter 63
of title 5, United States Code, part 630 of this chapter, and the
employing agency on the approval and use of annual leave accrued under 5
U.S.C. 6303, except that transferred annual leave may accumulate without
regard to the limitation imposed by 5 U.S.C. 6304(a).
(d) Transferred annual leave may be substituted retroactively for
any period of leave without pay or used to liquidate an indebtedness for
any period of advanced leave that began on or after the date fixed by
the agency as the beginning of the medical emergency.
(e) Transferred annual leave may not be--
(1) Transferred to another leave recipient under this subpart,
except as provided in Sec. 630.911(e)(3);
(2) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552; or
(3) Made available for recredit under 5 U.S.C. 6306 upon
reemployment by a Federal agency.

Sec. 630.910 Termination of medical emergency.

(a) The medical emergency affecting a leave recipient shall
terminate--
(1) When the leave recipient's Federal service is terminated;
(2) At the end of the biweekly pay period in which the leave
recipient's employing agency receives written notice from the leave
recipient or from a personal representative of the leave recipient that
the leave recipient is no longer affected by a medical emergency;
(3) At the end of the biweekly pay period in which the leave
recipient's employing agency determines, after written notice from the
agency and an opportunity for the leave recipient (or, if appropriate, a
personal representative of the leave recipient) to answer orally or in
writing, that the leave recipient is no longer affected by a medical
emergency; or
(4) At the end of the biweekly pay period in which the leave
recipient's employing agency receives notice that the Office of
Personnel Management has approved an application for disability
retirement for the leave recipient under the Civil Service Retirement
System or the Federal Employees' Retirement System.
(b) The leave recipient's employing agency shall continuously
monitor the status of the medical emergency affecting the leave
recipient to ensure that the leave recipient continues to be affected by
a medical emergency.
(c) When the medical emergency affecting a leave recipient
terminates, no further requests for transfer of annual leave to the
leave recipient may be granted, and any unused transferred annual leave
remaining to the credit of the leave recipient shall be restored to the
leave donors under Sec. 630.911.
(d) An agency may deem a medical emergency to continue for the
purpose of providing a leave recipient an adequate period of time within
which to receive donations of annual leave.

[[Page 693]]

Sec. 630.911 Restoration of transferred annual leave.

(a) Under procedures established by the leave recipient's employing
agency, any transferred annual leave remaining to the credit of a leave
recipient when the medical emergency terminates shall be restored, as
provided in paragraphs (b) and (c) of this section and to the extent
administratively feasible, by transfer to the annual leave accounts of
leave donors who, on the date leave restoration is made, are employed by
a Federal agency and subject to chapter 63 of title 5, United States
Code.
(b) The amount of unused transferred annual leave to be restored to
each leave donor shall be determined as follows:
(1) Divide the number of hours of unused transferred annual leave by
the total number of hours of annual leave transferred to the leave
recipient;
(2) Multiply the ratio obtained in paragraph (b)(1) of this section
by the number of hours of annual leave transferred by each leave donor
eligible for restoration under paragraph (a) of this section; and
(3) Round the result obtained in paragraph (b)(2) of this section to
the nearest increment of time established by the leave donor's employing
agency to account for annual leave.
(c) If the total number of eligible leave donors exceeds the total
number of hours of annual leave to be restored, no unused transferred
annual leave shall be restored. In no case shall the amount of annual
leave restored to a leave donor exceed the amount transferred to the
leave recipient by the leave donor.
(d) If the leave donor retires from Federal service, dies, or is
otherwise separated from Federal service before the date unused
transferred annual leave can be restored, the employing agency of the
leave recipient shall not restore the unused transferred annual
leave.I11(e) At the election of the leave donor, unused transferred
annual leave restored to the leave donor under paragraph (a) of this
section may be restored by--
(1) Crediting the restored annual leave to the leave donor's annual
leave account in the current leave year;
(2) Crediting the restored annual leave to the leave donor's annual
leave account effective as of the first day of the first leave year
beginning after the date of election; or
(3) Donating such leave in whole or part to another leave recipient.
(f) If a leave donor elects to donate only part of his or her
restored leave to another leave recipient under paragraph (e)(3) of this
section, the donor may elect to have the remaining leave credited to the
leave donor's annual leave account under paragraph (e)(1) or (e)(2) of
this section.
(g) Transferred annual leave restored to the account of a leave
donor under paragraph (e) (1) or (2) of this section shall be subject to
the limitation imposed by 5 U.S.C. 6304(a) at the end of the leave year
in which the restored leave is credited to the leave donor's annual
leave account.
(h) If a leave recipient elects to buy back annual leave as a result
of claim for an employment-related injury approved by the Office of
Workers' Compensation Programs under 20 CFR 10.202 and 10.310, and the
annual leave was leave transferred under Sec. 630.906, the amount of
annual leave bought back by the leave recipient shall be restored to the
leave donor(s).

[59 FR 67125, Dec. 29, 1994, as amended at 61 FR 64451, Dec. 5, 1996]

Sec. 630.912 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 an appointment or promotion or
compensation) or effecting or threatening to effect any reprisal (such
as deprivation of appointment, promotion, or compensation).

Sec. 630.913 Records and reports.

(a) Each agency shall maintain records concerning the administration

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of the voluntary leave transfer program and may be required by the
Office of Personnel Management to report any information necessary to
evaluate the effectiveness of the program.
(b) Agencies shall maintain the following information:
(1) The number of applications approved for medical emergencies
affecting the employee and the number of applications approved for
medical emergencies affecting an employee's family member;
(2) The grade or pay level of each leave recipient and leave donor,
the gender of each leave recipient, and the total amount of transferred
annual leave used by each leave recipient; and
(3) Any additional information OPM may require.

Subpart J--Voluntary Leave Bank Program

Sec. 630.1001 Purpose and applicability.

Source: 59 FR 67129, Dec. 29, 1994, unless otherwise noted.


(a) Purpose. The purpose of this subpart is to establish procedures
and requirements for a voluntary leave bank program under which the
unused accrued annual leave of an employee may be contributed to a leave
bank for use by a leave bank member who needs such leave because of a
medical emergency.
(b) Applicability. This subpart applies to officers and employees--
(1) To whom subchapter I of chapter 63 of title 5, United States
Code applies; and
(2) Who are employed in agencies and their organizational subunits
operating a voluntary leave bank program under this subpart.

Sec. 630.1002 Definitions.

Agency means an ``Executive agency,'' as defined in 5 U.S.C. 105, or
a ``military department,'' as defined in 5 U.S.C. 102. ``Agency'' does
not include the Central Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, the Federal Bureau of
Investigation, or any other Executive agency or subunit thereof, as
determined by the President, whose principal function is the conduct of
foreign intelligence or counterintelligence activities.
Available paid leave has the meaning given that term in subpart I of
this part.
Employee has the meaning given that term in subpart I of this part.
Family member has the meaning given that term in subpart I of this
part.
Leave bank means a pooled fund of annual leave established by an
agency under Sec. 630.1003.
Leave bank member means a leave contributor who has contributed, in
an open enrollment period (or individual enrollment period, as
applicable) of the current leave year, at least the minimum amount of
annual leave required by Sec. 630.1004.
Leave contributor means an employee who contributes annual leave to
a leave bank under Sec. 630.1004.
Leave recipient means a leave bank member whose application to
receive contributions of annual leave from a leave bank has been
approved under Sec. 630.1007.
Medical emergency has the meaning given that term in subpart I of
this part.
Paid leave status under subchapter I has the meaning given that term
in subpart I of this part.
Shared leave status has the meaning given that term in subpart I of
this part.

Sec. 630.1003 Establishing leave banks and leave bank boards.

(a) Each agency that participates in the voluntary leave bank
program shall, in accordance with this subpart--
(1) Develop written policies and procedures for establishing and
administering leave banks and leave bank boards;
(2) Establish one or more leave bank boards to perform the duties
authorized by this subpart; and
(3) Establish and begin operating one or more leave banks.
(b) No more than one leave bank board may be established for each
leave bank.
(c) Each leave bank board shall consist of three members. At least
one member shall represent a labor organization or employee group.
(d) Each leave bank board shall--

[[Page 695]]

(1) Establish its internal decision-making procedures;
(2) Review and approve or disapprove each application to become a
leave contributor under Sec. 630.1004 and a leave recipient under
Secs. 630.1006 and 630.1007;
(3) Monitor the status of each leave recipient's medical emergency;
(4) Monitor the amount of leave in the leave bank and the number of
applications to become a leave recipient;
(5) Maintain an adequate amount of annual leave in the leave bank to
the greatest extent practicable in accordance with Sec. 630.1004; and
(6) Perform other functions prescribed in this subpart.
(e) Annual leave may not be borrowed, contributed, or otherwise
transferred between leave banks.

Sec. 630.1004 Application to become a leave contributor and leave bank member.

(a) An employee may make voluntary written application to the leave
bank board to become a leave contributor. The application shall specify
the number of hours of annual leave to be contributed and any other
information the leave bank board may reasonably require.
(b) An employee may request that annual leave be contributed to a
specified bank member other than the leave contributor's immediate
supervisor.
(c) A leave contributor shall become a leave bank member for a
particular leave year if he or she submits an application meeting the
requirements of this section during an open enrollment period
established by the leave bank board under paragraphs (d) and (e) of this
section (or where applicable, during an individual enrollment period
established under paragraph (f) of this section).
(d) The leave bank board shall establish at least one open
enrollment period for each leave year of leave bank operation.
(e) An open enrollment period shall last at least 30 calendar days.
The agency shall take appropriate action to inform employees of each
open enrollment period.
(f) An employee entering the agency or participating organizational
subunit or returning from an extended absence outside an open enrollment
period may become a leave bank member for the leave year by submitting
an application meeting the requirements of this section during an
individual enrollment period lasting at least 30 calendar days,
beginning on the date the employee entered or returned to the agency or
organizational subunit.
(g) Except as provided in paragraph (h) of this section, the minimum
contribution required to become a leave bank member for a leave year
shall be--
(1) 4 hours of annual leave for an employee who has less than 3
years of service at the time he or she submits an application to
contribute annual leave;
(2) 6 hours of annual leave for an employee who has at least 3, but
less than 15, years of service at the time he or she submits an
application to contribute annual leave; and
(3) 8 hours of annual leave for an employee who has 15 or more years
of service at the time he or she submits an application to contribute
annual leave.
(h) The leave bank board may--
(1) Decrease the minimum contribution required by paragraph (g) of
this section for the following leave year when the leave bank board
determines that there is a surplus of leave in the bank;
(2) Increase the minimum contribution required by paragraph (g) of
this section for the following leave year when the leave bank board
determines that such action is necessary to maintain an adequate balance
of annual leave in the leave bank; or
(3) Eliminate the requirement for a minimum contribution under
paragraph (g) of this section when a leave bank member transfers within
his or her employing agency to an organization covered by a different
leave bank.
(i) If a leave recipient does not have sufficient available accrued
annual leave to his or her credit to make the full minimum contribution
required by this section, he or she shall be deemed to have made the
minimum contribution.
(j) The leave bank board shall deposit all contributions of annual
leave under this subpart in the leave bank. Except

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as provided in Sec. 630.1016(c), the leave bank board may not return a
contribution of annual leave to a leave contributor after deposit in the
leave bank.
(k) A leave bank member may apply to contribute additional annual
leave at any time. An employee who is not a leave bank member may apply
to become a leave contributor at any time.

Sec. 630.1005 Limitations on contribution of annual leave.

(a) In any one leave year, a leave contributor may contribute no
more than a total of one-half of the amount of annual leave he or she
would be entitled to accrue during the leave year in which the
contribution is made.
(b) In the case of a leave contributor who is projected to have
annual leave that otherwise would be subject to forfeiture at the end of
the leave year under 5 U.S.C. 6304(a), the maximum amount of annual
leave that may be contributed during the leave year shall be the lesser
of--
(1) One-half of the amount of annual leave he or she would be
entitled to accrue during the leave year in which the contribution is
made; or
(2) The number of hours remaining in the leave year (as of the date
of the contribution) for which the leave contributor is scheduled to
work and receive pay.
(c) The agency shall establish written criteria permitting a leave
bank board to waive the limitations on contributing annual leave under
paragraphs (a) and (b) of this section. Any such waiver shall be
documented in writing.
(d) The limitations in this section shall apply to the total amount
of annual leave donated or contributed during the leave year under
subparts I and J of this part.

Sec. 630.1006 Application to become a leave recipient.

(a) A leave bank member may make written application to the leave
bank board to become a leave recipient. If a leave bank member is not
capable of making application on his or her own behalf, a personal
representative may make written application on his or her behalf.
(b) The leave bank board may require leave bank members to submit
applications under this section within a prescribed period of time
following the termination of a medical emergency.
(c) An application by a leave bank member to become a leave
recipient shall be accompanied by the following information concerning
the potential leave recipient:
(1) The leave bank member's name, position title, and grade or pay
level;
(2) The reasons leave is needed, including a brief description of
the nature, severity, anticipated duration, and if it is a recurring
one, the approximate frequency of the medical emergency affecting the
leave bank member;
(3) Certification from one or more physicians, or other appropriate
experts, with respect to the medical emergency, if the leave bank board
so requires; and
(4) Any additional information that may be required by the leave
bank board.
(d) If the leave bank board requires a leave bank member to submit
certification from two or more sources under paragraph (b)(3) of this
section, the agency shall ensure, either by direct payment to the expert
involved or by reimbursement, that the leave bank member is not required
to pay for the expenses associated with obtaining certification from
more than one source.

Sec. 630.1007 Approval of application to become a leave recipient.

(a) The leave bank board shall review an employee's application to
become a leave recipient under procedures established by the agency for
the purpose of determining whether the employee is a leave bank member
who is or has been affected by a medical emergency.
(b) Before approving an application to become a leave recipient, the
leave bank board shall determine that the absence from duty without
available paid leave because of the medical emergency is (or is expected
to be) at least 24 hours (or, in the case of a part-time employee or an
employee with an uncommon tour of duty, at least 30 percent of the
average number of hours in the employee's biweekly scheduled tour of
duty).
(c) In making a determination as to whether a medical emergency is
likely

[[Page 697]]

to result in a substantial loss of income, the leave bank board shall
not consider factors other than whether the absence from duty without
available paid leave is (or is expected to be) at least 24 hours (or, in
the case of a part-time employee or an employee with an uncommon tour of
duty, at least 30 percent of the average number of hours in the
employee's biweekly scheduled tour of duty).
(d) The leave bank board shall provide timely written notification
to the applicant of the action taken on the application. If the leave
bank board disapproves the application, notification shall include the
reasons for disapproval.
(e) The leave bank board may establish written policies limiting the
amount of annual leave that may be granted to a leave recipient.

[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995]

Sec. 630.1008 Accrual of annual and sick leave.

(a) Except as otherwise provided in this section, while an employee
is in a shared leave status, annual and sick leave shall accrue to the
credit of the employee at the same rate as if the employee were then in
a paid leave status under subchapter I of chapter 63 of title 5, United
States Code, except that--
(1) The maximum amount of annual leave that may be accrued by a
leave recipient while in a shared leave status in connection with any
particular medical emergency may not exceed 40 hours (or, in the case of
a part-time employee or an employee with an uncommon tour of duty, the
average number of hours in the employee's weekly scheduled tour of
duty); and
(2) The maximum amount of sick leave that may be accrued by a leave
recipient while in a shared leave status in connection with any
particular medical emergency may not exceed 40 hours (or, in the case of
a part-time employee or an employee with an uncommon tour of duty, the
average number of hours in the employee's weekly scheduled tour of
duty).
(b) Any annual or sick leave accrued by an employee under this
subpart and subpart I of this part--
(1) Shall be credited to an annual or sick leave account, as
appropriate, separate from any leave account of the employee under
subchapter I of chapter 63 of title 5, United States Code; and
(2) Shall not become available for use by the employee and may not
otherwise be taken into account under subchapter I of chapter 63 of
title 5, United States Code, until it is transferred to the appropriate
leave account of the employee under subchapter I of chapter 63 of title
5, United States Code, as provided in paragraph (c) of this section.
(c) Any annual or sick leave accrued by an employee under this
section shall be transferred to the appropriate leave account of the
employee under subchapter I of chapter 63 of title 5, United States
Code, and shall become available for use--
(1) As of the beginning of the first pay period beginning on or
after the date on which the employee's medical emergency terminates as
described in Sec. 630.1010(a)(3) or (4); or
(2) If the employee's medical emergency has not yet terminated, once
the employee has exhausted all leave made available to such employee
under this subpart of subpart I of this part.
(d) If the leave recipient's employing agency advances at the
beginning of the leave year the amount of annual leave the employee
normally would accrue during the entire leave year under 5 U.S.C.
6302(d)--
(1) The leave recipient's employing agency shall establish
procedures to ensure that 40 hours (or, in the case of a part-time
employee or an employee with an uncommon tour of duty, the average
number of hours in the employee's weekly scheduled tour of duty) of
annual leave are placed in a separate annual leave account and made
available for use by the employee as described in paragraph (c) of this
section; and
(2) The employee shall continue to accrue annual leave while using
annual leave withdrawn from a leave bank to the extent necessary for the
purpose of reducing an indebtedness caused by the use of annual leave
advanced at the beginning of the leave year.
(e) If the leave recipient's medical emergency terminates as
described in

[[Page 698]]

Sec. 630.1010(a)(1), no leave shall be credited to the employee under
this section.

[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995]

Sec. 630.1009 Use of annual leave withdrawn from a leave bank.

(a) A leave recipient may use annual leave withdrawn from a leave
bank only for the purpose of medical emergency for which the leave
recipient was approved.
(b) Except as provided in Sec. 630.1008, during each biweekly pay
period that a leave recipient is affected by a medical emergency, he or
she shall use any accrued annual leave (and sick leave, if applicable)
before using annual leave withdrawn from a leave bank.
(c) The approval and use of annual leave withdrawn from a leave bank
shall be subject to all of the conditions and requirements imposed by
chapter 63 of title 5, United States Code, part 630 of this chapter, and
the agency on the approval and use of annual leave accrued under 5
U.S.C. 6303, except that annual leave withdrawn from a leave bank may
accumulate without regard to any limitation imposed by 5 U.S.C. 6304(a).
(d) Annual leave withdrawn from a leave bank may be substituted
retroactively for any period of leave without pay or used to liquidate
an indebtedness for any period of advanced leave that began on or after
the date fixed by the leave bank board as the beginning of the medical
emergency.
(e) Annual leave withdrawn from a leave bank may not be--
(1) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552; or
(2) Made available for recredit under 5 U.S.C. 6306 upon
reemployment by a Federal agency.
(f) An agency having employees who earn and use annual leave on the
basis of an uncommon tour of duty shall establish procedures for
administering the contribution and withdrawal of annual leave by such
employees under this subpart.

Sec. 630.1010 Termination of medical emergency.

(a) The medical emergency affecting a leave recipient shall
terminate--
(1) When the leave recipient's Federal service terminates;
(2) When the leave recipient leaves the agency or participating
organizational subunit, if the bank board so determines;
(3) At the end of the biweekly pay period in which the leave bank
board receives written notice from the leave recipient or from a
personal representative of the leave recipient that the leave recipient
is no longer affected by a medical emergency;
(4) At the end of the biweekly pay period in which the leave bank
board determines, after written notice from the bank board and an
opportunity for the leave recipient (or, if appropriate, a personal
representative of the leave recipient) to answer orally or in writing,
that the leave recipient is no longer affected by a medical emergency;
or
(5) At the end of the biweekly pay period in which the agency
receives notice that the Office of Personnel Management has approved an
application for disability retirement for the leave recipient under the
Civil Service Retirement System or the Federal Employees Retirement
System.
(b) The leave bank board shall ensure that annual leave withdrawn
from the leave bank and not used before the termination of a leave
recipient's medical emergency shall be returned to the leave bank.
(c) The leave bank board may deem a medical emergency to continue
for the purpose of providing a leave recipient an adequate period of
time within which to receive contributions of annual leave.
(d) If a leave recipient elects to buy back annual leave as a result
of a claim for an employment-related injury approved by the Office of
Workers' Compensation Programs under 20 CFR 10.202 and 10.310, the
amount of annual leave withdrawn from the leave bank that is bought back
by the leave recipient shall be restored to the leave bank.

[59 FR 67129, Dec. 29, 1994, as amended at 61 FR 64451, Dec. 5, 1996]

Sec. 630.1011 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

[[Page 699]]

the purpose of interfering with any right such employee may have with
respect to contributing, withdrawing, or using annual leave under this
subpart.
(b) For the purpose of paragraph (a) of this section--
(1) The term ``employee'' has the meaning given that term in 5
U.S.C. 6301(2), excluding an individual employed by the District of
Columbia; and
(2) The term ``intimidate, threaten, or coerce'' includes promising
to confer or conferring any benefit (such as an appointment or promotion
or compensation) or effecting or threatening to effect any reprisal
(such as deprivation of appointment, promotion, or compensation).

[59 FR 67125, Dec. 29, 1994, as amended at 60 FR 26979, May 22, 1995]

Sec. 630.1012 Records and reports.

(a) Each agency shall maintain records concerning the administration
of the voluntary leave bank program and may be required by the Office of
Personnel Management to report any information necessary to evaluate the
effectiveness of the program.
(b) An agency shall maintain the following information for each
leave bank:
(1) The number of leave bank members for each leave year;
(2) The number of applications approved for medical emergencies
affecting the employee and the number of applications approved for
medical emergencies affecting an employee's family member;
(3) The grade or pay level of each leave contributor and the total
amount of annual leave he or she contributed to the bank;
(4) The grade or pay level and gender of each leave recipient and
the total amount of annual leave he or she actually used; and
(5) Any additional information OPM may require.

Sec. 630.1013 Participation in voluntary leave transfer and leave bank programs.

(a) If an agency or organizational subunit establishes a voluntary
leave bank program under this subpart--
(1) A covered employee may also participate in a voluntary leave
transfer program under subpart I of this part;
(2) Except as provided in paragraphs (b) and (c) of this section,
any annual leave previously transferred to an employee under the
voluntary leave transfer program shall remain to the credit of the
employee who later becomes a leave recipient in a leave bank and shall
become subject to the agency's policies and procedures for administering
this subpart; and
(3) The agency or organizational subunit shall establish policies or
procedures governing the use of donated or transferred leave for any
leave recipient who receives leave under both a voluntary leave transfer
program and a voluntary leave bank program for the same medical
emergency.
(b) Upon termination of a leave recipient's medical emergency, any
annual leave previously transferred under the voluntary leave transfer
program and remaining to the credit of a leave recipient shall be
restored under Sec. 630.911(a) through (d).
(c) Transferred annual leave restored to the account of a leave
donor under paragraph (b) of this section shall be subject to the
limitation imposed by 5 U.S.C. 6304(a) at the end of the leave year in
which the annual leave is restored.

Sec. 630.1014 Movement between voluntary leave bank programs.

If an employee moves between an agency or organizational subunit
operating a leave bank to an agency or organizational subunit operating
a different leave bank, the following procedures shall apply:
(a) On the date of the employee's move, he or she shall become
subject to the policies an procedures of the voluntary leave bank
program of the new agency or organizational subunit; and
(b) Nothing in Sec. 630.1010(a)(2) or (b) shall interfere with the
employee's right to submit an application to become a leave contributor
or leave recipient in accordance with the policies and procedures of the
voluntary leave bank program of the new agency or organizational
subunit.

[[Page 700]]

Sec. 630.1015 Movement between voluntary leave bank and leave transfer programs.

If an employee moves between an agency or organizational subunit
covered by a voluntary leave bank program under this subpart and an
agency or organizational subunit covered by a voluntary leave transfer
program under subpart I of this part, the following procedures shall
apply.
(a) On the date of the employee's move, he or she shall become
subject to the policies and procedures of the voluntary leave transfer
and voluntary leave bank program (if applicable) of the new agency or
organizational subunit; and
(b) Nothing in Sec. 630.1010(a)(2) or (b) shall interfere with the
employee's right to submit an application to become a leave donor (or
leave contributor, as applicable) or leave recipient under the voluntary
leave transfer or voluntary leave bank program (as applicable) of the
new agency or organizational subunit.

Sec. 630.1016 Termination of a voluntary leave bank program.

(a) An agency may terminate a voluntary leave bank program only
after it gives at least 30 calendar days advance written notice to
current leave bank members.
(b) If an agency terminates a voluntary leave bank program before
the termination of the medical emergency affecting a leave bank
recipient, annual leave transferred to a leave bank recipient shall
remain available for use under the rules set forth in subpart I of this
part.
(c) An agency that terminates a voluntary leave bank program shall
make provisions for the timely and equitable distribution of any leave
remaining in the leave bank. The agency may allocate the leave to
current leave recipients, recredit the leave to the accounts of the
voluntary leave bank members, or a combination of both. The agency may
distribute the leave immediately or may delay the distribution, in whole
or part, until the beginning of the following leave year.