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Pay & Leave Leave Administration

 

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

Unscheduled Leave

  • 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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  • 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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  • See the promotions fact sheet at -http://www.opm.gov/oca/pay/HTML/promotion.asp
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  • How well did this answer your question? Submit
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  • A student loan is eligible if it is made, insured, or guaranteed under parts B, D, or E of title IV of the Higher Education Act of 1965 or is a health education assistance loan made or insured under part A of title VII or part E of title VIII of the Public Health Service Act.
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  • Under 5 CFR 537.103, each agency must establish a plan that designates the officials who are authorized to review and approve offers of student loan repayment benefits.  Agencies may use approval delegations similar to those used for other recruitment, relocation, and retention incentives.
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  • The types of academic degrees and/or levels covered by the program are not specified in law.  Agencies are encouraged to tailor their plans to recruit highly qualified candidates and/or retain highly qualified employees in their current positions.  Therefore, an agency may specify the types of degrees and levels necessary to attain this goal.
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  • See the General Schedule classification and pay system fact sheet at - http://www.opm.gov/oca/pay/HTML/GSClassandpay.asp
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  • Agencies should specify the beginning date of the service requirement in the job candidate’s or employee’s service agreement.  The service requirement begins at the time specified in the service agreement, but may begin no earlier than the date the service agreement is signed or earlier than the date the individual begins serving in the position for which he or she was recruited (when student loan repayment benefits are approved to recruit a job candidate to fill an agency position).
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  • The statute authorizing this program states that this incentive is to be used for employees of a given agency who have outstanding student loans.  Thus, if the employee has a PLUS loan for his or her child, the loan would qualify for repayment.  However, if a PLUS loan is held by an employee’s parent, the employee is not eligible for loan repayment benefits for the parent’s PLUS loan.  While a PLUS loan an employee has previously taken out to help pay for his or her child's education is a qualifying student loan under 5 U.S.C. 5379(a)(1)(B) and 5 CFR 537.102, an agency may specify in its agency loan repayment plan that it will not offer to repay PLUS loans under its student loan repayment program.
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  • Yes.  All “highly qualified” personnel, regardless of job series, including Senior Executive Service members, Federal Wage System employees, and employees covered by administratively determined pay systems, are eligible unless specifically excluded by law or regulation.
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  • See the credit hours fact sheet at – http://www.opm.gov/oca/WORKSCH/HTML/Cred_hrs.asp
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  • Yes. Each agency has discretionary authority to determine when it is appropriate to grant a reasonable amount of excused absence to employees who are unavoidably delayed in arriving for work. Factors such as distance, availability of transportation, and the success of other employees in similar situations should be considered in determining the amount of excused absence to grant. Employees are responsible for notifying their supervisors of their situation.  It is up to each supervisor to determine what is a reasonable amount of time to allow for excused absences for late arrival to ensure that the employee's work requirements are fulfilled and that the agency's operations are conducted efficiently and effectively.  Employees designated as "emergency employees" are expected to report for work on time.  However, agencies may, at their discretion and as circumstances dictate, grant a reasonable amount of excused absence to emergency employees who arrive late for work. The Washington, DC, Area Dismissal and Closure Procedures, available at https://www.opm.gov/oca/compmemo/dismissal.pdf, discusses the “unscheduled leave/unscheduled telework” announcement in more detail.
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  • See the compensatory time off fact sheet at - http://www.opm.gov/oca/pay/HTML/COMP.htm
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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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Total Count: 77, Number of Pages: 6, Page: 1
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