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Yes. An employee who has received a RIF notice and is being involuntarily separated from an agency due to reduction in force or transfer of function may elect to use annual leave and remain on the agency's rolls after the date the employee otherwise would have been separated in order to establish initial eligibility for immediate retirement, including discontinued service or voluntary early retirement. The same option is also available to acquire eligibility to continue health benefits into retirement.
In addition, an employee who is being involuntarily separated under adverse action procedures because of his or her decision to decline relocation (including transfer of function) may use annual leave to remain on the agency's rolls after the effective date of the relocation to establish initial eligibility for immediate retirement (including discontinued service or voluntary early retirement) and/or to establish initial eligibility to continue health benefits coverage into retirement.
For further information, contact your agency personnel office or retirement counselor.
* The term "contingency operation" means a military operation that -
(a) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
(b) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of title 10, United States Code, chapter 15 of title 10, United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress.
When a temporary promotion is made permanent immediately after the temporary promotion ends, the employee is not returned to the lower grade in order to process the permanent promotion. See 5 CFR 531.214(e). The agency must convert the employee’s temporary promotion to a permanent promotion without a change in pay. The appropriate action is to process the promotion (nature of action code 702) showing the higher grade as the grade before and after promotion. (See rules 5 and 6, Table 14-B, chapter 14, of the Office of Personnel Management’s Guide to Processing Personnel Actions.) In effect, the promotion increase granted at the time of the temporary promotion is ratified and made permanent by the removal of the not-to-exceed limitation on the temporary promotion.
If there is any period of time between the end of a temporary promotion and the beginning of a permanent promotion, the employee must be returned to the lower grade. As required by 5 CFR 531.215(c), the agency must recompute the employee’s rate of basic pay for the lower grade as if the employee had never been temporarily promoted.
If the employee’s temporary promotion was for more than 1 year, the agency may choose, at its discretion, to apply the maximum payable rate rule in 5 CFR 531.221 if that would yield a higher rate. Under the maximum payable rate rule, an agency may set pay at any step equal to or less than the maximum payable rate, but not less than the rate to which the employee is entitled under the normal pay-setting rules. Whatever method is used, the resulting rate is the basis for any subsequent promotion action.
You may be required to provide advance leave notice and medical
certification. Ordinarily, you must provide 30 days advance notice when the need
for leave is foreseeable. If the need for leave is not foreseeable, e.g.,
because of a medical emergency, you must provide notice within a reasonable
period of time appropriate to the circumstances involved. An agency may require
medical certification to support a request for leave because of a serious health
condition and may require second or third opinions (at the employer's expense).
If you cannot provide the required medical certification before FMLA
leave is to begin, you must be provided provisional leave. Once this
leave has commenced and you fail to provide the medical certification, the
agency may charge you as absent without leave (AWOL) or may allow you to request
that the provisional leave be charged as leave without pay or to your
appropriate leave account.
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