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Policy, Data, Oversight Pay & Leave

 

Overview

The U.S. Office of Personnel Management (OPM) provides leadership on Federal leave policies and programs. We accomplish this by developing and maintaining Governmentwide regulations and policies for agencies to use to administer leave, including annual leave, sick leave, the Family and Medical Leave Act, Federal leave sharing programs, military leave, and time off for special circumstances - e.g., early dismissal or closure for weather emergencies. Ultimately, each Federal agency is responsible for complying with the law and OPM's Governmentwide regulations and following OPM's policies and guidance to administer leave policies and programs for its own employees.

On June 26, 2013, the Supreme Court ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. As a result of the Supreme Court’s decision, the United States Office of Personnel Management (OPM) will now be able to extend certain benefits to Federal employees and annuitants who have legally married a spouse of the same sex, regardless of the employee’s or annuitant’s state of residency. OPM is currently in the process of updating and revising the website to reflect this change, and will be updating this information as soon as possible. Please check back in the coming weeks for updates.

Leave-Related Fact Sheets and Forms

Special Topics

Emergencies

Authorities and Reports

Regulations

Reports

Leave Administration Alerts Email List

Leave Forms

FormDescription
OPM 71 Request for Leave or Approved Absence
OPM 630 Application to Become a Leave Recipient Under the Voluntary Leave Transfer Program
OPM 630A Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Within Agency)
OPM 630B Request to Donate Annual Leave to Leave Recipient Under the Voluntary Leave Transfer Program (Outside Agency)
OPM 630C Transfer of Leave Records for Leave Recipient Covered by the Voluntary Leave Transfer Program
OPM 1637 Application to Become a Leave Recipient Under the Emergency Leave Transfer Program
OPM 1638 Request to Donate Annual Leave Under the Emergency Leave Transfer Program
OPM 1639 Transfer of Donated Annual Leave To/From the Emergency Leave Transfer Program
WH-380-E FMLA Medical Certification Form for Employee's Serious Health Condition
WH-380-F FMLA Medical Certification Form for Family Member's Serious Health Condition
WH-384 FMLA Certification for Qualifying Exigency

Fact Sheets

The fact sheets below provide information on various topics concerning leave administration for Federal employees covered under title 5 of the United States Code and title 5 of the Code of Federal Regulations. The title 5 statutes regarding leave administration can be found in 5 U.S.C chapter 63, Leave. OPM's regulations on the establishment of work schedules can be found in 5 CFR part 630, Absence and Leave.

Reference Materials

Laws, Regulations and Other References

This index highlights the laws, regulations, and other references relating to Federal leave programs and policies. The index is a valuable resource for researching major leave subject-matter areas. Please contact your agency personnel office, library, legal office, or information technology office to obtain copies of the documents cited (e.g., laws, regulations, Executive orders, opinions of the Comptroller General (Comp. Gen.)1, etc.). Since each agency is responsible for Federal leave administration, it is imperative that you also consult your agency's internal policies and collective bargaining agreements, as applicable.

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A

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Absence bone marrow/organ donation 6327  
funerals, law enforcement officers 6327  
funerals, relatives in Armed Forces 6326  
funerals, veterans 6321  
hostile actions abroad 6325  
police and firemen, resulting from duty 6324  
Accrual

annual leave

full-time 6303(a) 630.202
part-time 6302(c) 630.303
Senior Executive Service (SES) 6303(f) 630.301
uncommon tours   630.210

sick leave

full-time 6307(a) 630.202
part-time 6302(c) 630.406, 630.202(b)
uncommon tours   630.210
change in accrual rate 6303(c)  
Accumulation

annual leave

6304(a) 630.304, 630.302
Overseas 6304(b) 630.302
SES 6304(f) 630.301

sick leave

6307(b)  
Administrative leave (see excused absence)
Adoption (sick leave)   6307(c) 630.401(a)(6)
Advance leave annual leave 6302(d)  
sick leave 6307(d) 630.209, 630.404
refund value of sick leave   630.208(d); Comp. Gen. Opinion B-189531 (09/14/77)
not likely to return to duty   25 Comp. Gen. 874 (1946)23 Comp. Gen. 837 (1944)
Alternative work schedules (leave administration)   6129  
Annual leave covered employees 6301 part 630, subparts B and C;Title II-Leave, Civilian Personnel Law Manual, chapter 2-Annual Leave
general provisions 5302
Accrual 6303
maximum accumulation 6304
transfer between different leave systems 6308
reduction in force - use of annual leave to qualify for retirement/health benefits 6302(g) 351.606(b), 351.608, 630.212
agency discretion   39 Comp. Gen. 611 (1960); 16 Comp. Gen. 481 (1936)
Annuities (computation, use of sick leave)   8339(m) 630.407, 831.302

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B

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Back pay (restored annual leave)   5596(b)(1)(B) 550.805(g)
Bereavement (sick leave)   6307(d) 630.401(a)(4)

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C

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Court jury duty 6322 Title II-Leave, Civilian Personnel Law Manual, chapter 5, part C-Court Leave
witness 6322  
credit/retention of fees 5515, 5537 Title I-Compensation, Civilian Personnel Law Manual, chapter 9-Service as Juror or Witness
Creditable service for leave accrual   6303(a) Title II-Leave, Civilian Personnel Law Manual, chapter 2, part C-Creditable Services and part D-Noncreditable Services
Agriculture Soil Conservation Service (ASCS) and Nonappropriated Fund (NAF) Employees 6312
District of Columbia Police and Firemen's Retirement System   Comp. Gen. Opinion
B-256756 (4/11/95)

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D

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Demonstration projects (prohibition of leave waiver)   4703(c)(1)  
Desert shield/desert storm reservists leave bank   Public Law 102-25 (04/06/91) part 630, subpart K
Dismissal, administrative (daily, hourly, and piece-work)   6104 part 610, subpart C
Dismissals, administrative/emergency   301, 6104, 6302(a) part 610, subpart C
Leave Without Pay status   56 Comp. Gen. 393 (1977)

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E

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Emergency leave transfer   6391 part 630, subpart K
Employees covered by the federal leave system   6301(2) Title II-Leave, Civilian Personnel Law Manual, chapter I, part B-Employees Covered and part C-Employees Excluded
Exclusion of presidential appointees   6301(2)(xi) 630.211
Excused absence   6104, 6302(a) Title II-Leave, Civilian Personnel Law Manual, chapter 5, part A-Administrative Leave

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F

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Family and medical leave act (fmla)(title i administered by the department of labor)   29 U.S.C. 2601 et seq. 29 CFR part 825
Family and medical leave act (fmla)(title ii administered by the office of personnel management)   6381-6387 part 630, subpart L
Expanded family and medical leave    

1997 Presidential Memorandum (includes OPM questions and answers); also:

OPM Memorandum, April 14, 1997

Family care (sick leave)   6307(d)(1) 630.401(a)(3)
Family member (definition) Family and Medical Leave 6381 630.1202
leave transfer   630.902
leave bank   630.1002
emergency leave transfer   630.1102
sick leave 6307(d) 630.201(b)

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H

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

    6103, 6104 part 610, subpart B Title II-Leave, Civilian Personnel Law Manual, chapter 5, part B-Holidays
Leave Without Pay before and after     Comp. Gen. Opinion
B-187520 (02/22/77)
Leave Without Pay before or after     56 Comp. Gen. 393 (1977)
Home leave   6305 part 630, subpart F;Title II-Leave, Civilian Personnel Law Manual, chapter 5, part E-Home Leave

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J

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Jury duty (see court leave)   6322  

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L

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Leave ceiling (annual leave) General 6304(a) and (b) 630.302, 630.304
Senior Executive Service (SES) 6304(f) (1) 630.301
scheduling "use or lose" leave   630.308
Leave bank program   6361-6373 part 630, subpart J
Leave transfer program   6331-6340 part 630, subpart I
death of recipient - no retroactive substitution   70 Comp. Gen. 432 (1991) 68 Comp. Gen. 694 (1989)
employee unable to return to work   Comp. Gen. opinion B-271561.2 (07/26/89)
Leave of absence (aliens)   6310  
Leave without pay

administrative discretion

  Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F-Leave Without Pay
disabled veterans Executive Order5396 (July 17, 1960)  
injury compensation 5 U.S.C. Chapter 81  
military training 38 U.S.C. 2024(d)  

creditable service

8332(f)  
during military service 6303(a) 353.107 Comp. Gen. opinion B-215542 (08/01/85)
during period covered by service agreement   Comp. Gen. opinion B-184948 (11/18/75)
Family and Medical Leave Act - Title II 6384(b)(2) 630.1208
reduction in leave credits   630.208
compensation for disability 8118(c) Comp. Gen. opinion B-164617 (04/13/72)
within-grade waiting periods   531.406
Lump-sum payments for annual leave   5551-5553, 6304(e) part 550, subpart L
DOD base closings 5551(c)  
refund of lump-sum payment and recredit of annual leave 6306 part 550, subpart L

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M

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Medical certification sick leave   630.403
Family and Medical Leave 6383 630.1207
leave transfer and leave bank programs 6333(a), 6367(a) 630.904; 630.1006
Military leave   6323 Title II-Leave, Civilian Personnel Law Manual, chapter 5, part D-Military Leave; Rights of Reservists Called to Duty for the National Emergency, Sept.14, 2001
offset of payments received 5519  
funeral honors duty 6323(a)  
Minimum charge of leave     630.206

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N

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Nonappropriated fund employees(leave portability)   6308(b), 6312  

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R

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Recredit of leave   6306 part 630, subpart E
Refund for unearned (advanced) leave     630.209(a)
waiver for medical disability   630.209(b)
Restoration of annual leave   6304(d) and (e) 630.305-309 Title II-Leave, Civilian Personnel Law Manual, chapter 2, part G-Restoration of Leave
Back pay   5596(b)(1)(B) 550.805(e)(2)(iv)
DOD base closings 6304(d)(3) 630.306(b)
leave forfeiture / scheduling requirement   630.306(a); 56 Comp. Gen. 470 (1977)
Restoration and scheduling of annual leave for Y2K conversion   630.310
Restoration and scheduling of annual leave during the national emergency   630.311

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S

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Shore leave   6305 part 630, subpart G
Sick leave covered employees 6301 part 630, subparts B, D, and E; Title II-Leave, Civilian Personnel Law Manual, chapter 4-Sick Leave
general provisions 6302
accrual and maximum accumulation 6307
transfer between different leave systems 6308
adoption 6307(c) 630.401(a)(6)
care of a family member with a serious health condition   630.401(a)(3),(b), and (d)
general family care and bereavement; and 6307(d) (expired) 630.401(a)(2),(a)(4), (c) and (d)
incapacity due to death of spouse   Comp. Gen. Opinion
B-207444 (10/20/82)
agency discretion   Comp. Gen. Opinion
B-170730 (08/16/71)
Substitution of leave sick leave for annual leave   630.405; Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(a)-Substitution of Sick Leave for Annual Leave
sick leave for leave without pay   Title II-Leave, Civilian Personnel Law Manual, chapter 4, part D, 5(b)-Substitution of Sick Leave for Leave Without Pay
annual leave for sick leave   Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(a)-Substitution of Annual Leave for Sick Leave
annual leave for leave without pay   Title II-Leave, Civilian Personnel Law Manual, chapter 2, part F, 4(b)-Substitution of Annual Leave for Leave Without Pay
substitution of leave without pay for annual leave   Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Annual Leave
substitution of leave without pay for sick leave   Title II-Leave, Civilian Personnel Law Manual, chapter 5, part F, 7(a)-Substitution of Leave Without Pay for Sick Leave
Sunday premium pay prohibition on Sunday premium pay for periods of leave Section 624 of Treasury and General Government Appropriations Act, 1999, as contained in section 101(h) of Public Law 105-277, Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999  

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T

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Terminal leave     Comp. Gen. Opinion
B-223876 (06/12/87)
Transfer of leave between agencies and leave systems   6308 630.501, 630.502 Title II-Leave, Civilian Personnel Law Manual, chapter 2, part E-Transfers and Reemployment (Annual Leave) and chapter 4, part C-Transfers and Reemployment (Sick Leave)
to and from Milk Markets   Comp. Gen. Opinion B-109025, June 23, 1952, and B-109025, March 11, 1966
Travel to/from post of duty   6303(d) 630.207

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U

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Uncommon tours of duty   6307(d)(3)(B) 630.201, 630.210

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V

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Veterans use of leave for physical examination Executive Order 5396 (July 17, 1930)  
travel expenses - VA physical exam   Comp. Gen. Opinion
B-188012 (05/10/77
Volunteer activities     Presidential Memorandum, April 22, 1998; OPM Memorandum, April 23, 1998; Guidance April 23, 1998; OPM Memorandum CPM 2002-4, April 23, 2002
participation of Federal employees in volunteer activities  

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W

SUBJECTLAW

5 U.S.C. (unless otherwise indicated)

REGULATION/OTHER

5 CFR (unless otherwise indicated)

Workers' compensation (Federal Employees Compensation Act) chapter 81 Title II-Leave, Civilian Personnel Law Manual, chapter 4, part E-Employee Receiving Workers' Compensation; chapter 4, part H-Buy Back of Sick Leave; and chapter 2, part G, 7(c)(4)-Buy Back of Annual Leave
buy-back of leave   20 CFR 10.202,310
No administrative leave for injury   Comp. Gen. Opinion
B-192510 (04/06/79)
forfeiture of annual leave   62 Comp. Gen. 253 (1983);Comp. Gen. Opinion
B-204524 (03/23/82)
accrual of leave while on leave without pay   630.204;29 Comp. Gen. 73 (1949);Comp. Gen. Opinion
B-180010.12 (03/08/79)

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NOTES:

  1. Opinions of the Comptroller General are included in the General Accounting Office's Civilian Personnel Law Manual (CPLM), Title II (Leave), Fourth Edition, 1996. Title II of the CPLM is available at the GAO website or may be ordered from the U.S. Government Printing Office at:

    Superintendent of Documents
    US Government Printing Office
    941 North Capitol Street
    Washington, DC 20402
    www.bookstore.gpo.gov

  2. Presidential memoranda and Office of Personnel Management (OPM) guidance materials on expanded family and medical leave policies and participation of Federal employees in volunteer activities may be accessed on the Pay & Leave section. See our leave fact sheets.

FAQs

  • A QSI is a faster-than-normal WGI used to reward employees at any GS grade level who display high quality performance. To be eligible for a QSI, employees must:
    • be below step 10 of their grade level;
    • have received the highest rating available under their performance appraisal system;
    • have demonstrated sustained performance of high quality; and
    • have not received a QSI within the preceding 52 consecutive calendar weeks.
    A QSI does not affect the timing of an employee's next regular WGI unless the QSI places the employee in step 4 or step 7 of his or her grade. In these cases, the employee becomes subject to the full waiting period for the new step--i.e., 104 weeks or 156 weeks, respectively--and the time an employee has already waited counts towards the next increase. The employee receives the full benefit of receiving a WGI at an earlier date and has not lost any time creditable towards his or her next WGI.See 5 U.S.C. 5336, 5 CFR part 531, subpart E, and http://www.opm.gov/perform/articles/1999/apr99-7.asp for additional information on QSIs.
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  • Use Services Online (Retirement Services) to:
    • start, change, or stop Federal and State income tax withholdings;
    • request a duplicate tax-filing statement (1099R);
    • change your Personal Identification Number (PIN) for accessing our automated systems;
    • establish, change, or stop an allotment to an organization;
    • change your mailing address;
    • start direct deposit of your payment or change the account or financial institution to which your payment is sent;
    • establish, change, or stop a checking or savings allotment; and
    • view a statement describing your annuity payment.
    You can also call our toll-free number 1 (888) 767-6738 , for these and many of your voluntary withholdings. When using self-service systems, you need your claim number, Personal Identification Number (PIN), and social security number. If you do not have a PIN, call us. If you do not have a touchtone telephone, you can speak to a Customer Service Specialist. Generally, in the middle of month, we authorize payments that are due for the first business day of the following month. Therefore, if you want your change to be reflected in your next payment, you should submit your request as early in the month as possible. See our payment schedule for the last date you can change your next monthly payment.
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  • Within-grade increases (WGIs) or step increases are periodic increases in a General Schedule (GS) employee's rate of basic pay from one step of the grade of his or her position to the next higher step of that grade. For WGI purposes, an employee's rate of basic pay is the rate of pay fixed by law or administrative action for the position held by the employee before any deductions and exclusive of additional pay of any kind.(Note: Employees designated as "GM" whose rate of basic pay is less than the maximum rate of their grade also may receive WGIs. See 5 CFR part 531, subpart D, for additional information.)
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  • See the fact sheet on General Schedule Within-Grade Increases for the required waiting periods for advancement to the next higher step of a GS grade for employees with a scheduled tour of duty. (See 5 CFR 531.405(a)(2) for the required waiting periods for employees without a scheduled tour of duty.) A WGI waiting period begins upon (1) first appointment in the Federal service, (2) receiving an "equivalent increase," or (3) after a period of nonpay status and/or a break in service in excess of 52 calendar weeks. Fact sheet available at http://www.opm.gov/oca/pay/html/wgifact.asp
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  • The following Federal holidays are established by law (5 U.S.C. 6103):
    • New Year's Day (January 1).
    • Birthday of Martin Luther King, Jr. (Third Monday in January).
    • Washington's Birthday (Third Monday in February).
    • Memorial Day (Last Monday in May).
    • Independence Day (July 4).
    • Labor Day (First Monday in September).
    • Columbus Day (Second Monday in October).
    • Veterans Day (November 11).
    • Thanksgiving Day (Fourth Thursday in November).
    • Christmas Day (December 25).
    For information on the observation of these holidays within Federal employee work schedules, please see the Federal holidays fact sheet at http://www.opm.gov/oca/WORKSCH/HTML/HOLIDAY.asp.
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  • Any employee (as defined in 5 U.S.C. 2105) who is highly qualified is eligible to receive a student loan repayment, except those employees who currently occupy or will occupy a position excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character (e.g., employees serving under Schedule C appointments). Under 5 CFR 537.104, agencies may offer student loan repayment benefits to recruit a highly qualified job candidate or retain a highly qualified employee who, during the service period established under a service agreement, will be serving under (1) an appointment other than a time-limited appointment or (2) a time-limited appointment if-
    • The employee (or job candidate) will have at least 3 years remaining under the appointment after the beginning of the service period; or  
    • The time-limited appointment authority leads to conversion to another appointment of sufficient duration so that his or her employment with the agency is projected to last for at least 3 additional years after the beginning of the service period.
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  • Yes. OPM's regulations at 5 CFR 353.208 implementing the Uniformed Service Employment and Reemployment Rights Act (USERRA) state that an employee performing service with the uniformed services must be permitted, upon request, to use any accrued annual leave, military leave, earned compensatory time off for travel, or accrued sick leave (consistent with the statutory and regulatory criteria for using sick leave), during such service. An employee is entitled to use annual leave, military leave, earned compensatory time off for travel, or sick leave intermittently with leave without pay while on active duty or active/inactive duty training.
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  • An "equivalent increase" is considered to occur at the time of any of the following personnel actions:
    • A within-grade increase, excluding (1) a quality step increase granted under 5 CFR part 531, subpart E, or (2) an interim WGI if that increase is later terminated under 5 CFR 531.414;
    • A promotion (permanent or temporary) to a higher grade, including the promotion of an employee receiving a retained rate under 5 CFR 359.705 or 5 CFR part 536 that does not result in a pay increase, but excluding (1) a temporary promotion if, at the end of that temporary promotion, the employee is returned to the grade from which promoted, or (2) a promotion to a higher-graded supervisory or managerial position when the employee does not satisfactorily complete a probationary period established under 5 U.S.C. 3321(a)(2) and is returned to a position at the lower grade held before promotion;
    • Application of the maximum payable rate rule in 5 CFR 531.221 that results in a higher step rate within the employee's GS grade (or an increase for a GM employee to the next higher rate within the grade), except for application of that rule in a demotion to the extent that the employee's rate of basic pay after demotion does not exceed the lowest step rate that equals or exceeds the employee's rate of basic pay immediately before the demotion (see the Note below for an example);
    • Application of the superior qualifications and special needs pay-setting authority in 5 CFR 531.212 that results in a higher step rate within the employee's GS grade (or an increase for a GM employee to the next higher rate within the grade); or
    • Application of the qualifications pay authority in 5 U.S.C. 9814 to an employee of the National Aeronautics and Space Administration, when the employee fulfills the 1-year service requirement in the position for which qualifications pay was received or in a successor position.
    Note: For example, in 2009 a GS-13, step 3, employee ($75,323 GS rate) accepts a voluntary demotion to a GS-12 position. The agency sets her pay using the maximum payable rate rule at GS-12, step 10 ($77,194 GS rate). The increase in pay is not an equivalent increase because the employee's pay was set at the lowest step that exceeded her rate of basic pay before promotion.For information on equivalent increases for non-GS employees who move to the GS pay system, see Q10, which includes an example for an employee moving to the GS pay system from the Department of Defense (DoD) National Security Personnel System (NSPS).
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  • Agencies must use the standard method when an employee is covered by the same pay schedules before and after promotion. For example, an employee may be covered by the same locality rate schedule before and after promotion. See Promotion Examples 7 and 9-14.Also, agencies should use the standard method when an employee is covered by different pay schedules before and after promotion if the standard method produces a higher payable rate upon promotion than the alternate method.  See Promotion Examples 2, 4, 6, and 8. However, an agency may determine it is inappropriate to use the standard method under 5 CFR 531.214(d)(2)(iii).
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Total Count: 363, Number of Pages: 37, Page: 1
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