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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

  • Hazardous duty pay is additional pay for the performance of hazardous duty or duty involving physical hardship. Hazardous duty pay is payable to General Schedule (GS) employees covered by chapter 51 and subchapter III of chapter 53 of title 5, United States Code. Prevailing rate (wage) employees are eligible to receive environmental differential pay in certain circumstances under a separate statutory provision (5 U.S.C. 5343(c)(4)).
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  • FMLA provides eligible Federal employees with an entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
    • birth of a son or daughter of the employee and care of the newborn;*
    • placement of a son or daughter with the employee for adoption or foster care;*
    • care of a spouse, son, daughter, or parent of the employee who has a serious health condition; and
    • a serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.
    * Entitlement to 12 weeks of leave expires 12 months after the date of birth or placement for adoption or foster care. (Employees may begin this leave prior to the birth or placement.)
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  • The Family and Medical Leave Act of 1993 (FMLA) entitles covered Federal employees to a total of 12 workweeks of unpaid leave (leave without pay) during any 12-month period for certain family and medical needs, including the birth and care of a newborn. An employee may elect to substitute paid leave (e.g., annual or sick leave) for the unpaid FMLA leave, but only to the extent such paid leave is permitted under current law and regulations. If an employee chooses to invoke his or her entitlement to FMLA leave to care for a healthy newborn, he or she may only substitute annual leave for the unpaid leave, as there is no authority to use sick leave to care for a healthy child. An employee's entitlement to FMLA leave expires on the first anniversary of the child's birth.
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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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  • For an employee who performs service under a non-GS Federal pay system which is potentially creditable towards a within-grade increase waiting period, an equivalent increase is considered to occur at the time of any of the following personnel actions in the non-GS pay system:
    • A promotion to a higher grade or work level within the non-GS pay system (unless the promotion is cancelled and the employee's rate of basic pay is redetermined as if the promotion had not occurred); or
    • An opportunity to receive a within-level or within-range increase that results in forward movement in the applicable range of rates of basic pay (including an increase granted immediately upon movement to the non-GS pay system from another pay system-e.g., to account for the value of accrued within-grade increases under the former pay system or to provide a promotion-equivalent increase), where "forward movement in the applicable range" means any kind of increase in the employee's rate of basic pay other than an increase that is directly and exclusively linked to (1) a general structural increase in the employee's basic pay schedule or rate range (including the adjustment of a range minimum or maximum) or (2) the employee's placement under a new basic pay schedule within the same pay system, when such placement results in a nondiscretionary basic pay increase to account for occupational pay differences.
    A non-GS pay system is one that does not meet the definition of "General Schedule" or "GS" in 5 CFR 531.403. The personnel actions above must have occurred within the same pay system. That is, even if an employee receives an increase in pay moving between pay systems, that "promotion" or other pay increase is not considered an equivalent increase. See Note 1.For example, the DoD NSPS pay system is a non-GS pay system. The following NSPS pay events would be considered equivalent increases under 5 CFR 531.407(b):
    1. A promotion to a higher band under 5 CFR 9901.354, excluding a temporary or probationary promotion that is later cancelled;
    2. Any within-band increase other than a general salary increase under 5 CFR 9901.323, which would include the following:
      • A performance pay increase under 5 CFR 9901.342;
      • A special within-band increase under 5 CFR 9901.344;
      • A developmental pay increase under 5 CFR 9901.345;
      • A pay adjustment upon placement in an NSPS position under 5 CFR 9901.351(c)(a WGI adjustment equivalent) (See Note 1);
      • A reassignment increase under 5 CFR 9901.353 upon reassignment to a position within the same band, including such a reassignment increase granted immediately upon movement from a non-NSPS position (i.e., excluding reassignment to a comparable band, since that band is in a different NSPS pay schedule with its own basic pay schedule);
      • An increase (if any) under 5 CFR 9901.355 provided after a reduction in band in the same pay schedule, including such an increase provided immediately upon movement from a non-NSPS position (i.e., excluding movement to a lower band in a different pay schedule); or
      • A one-time pay adjustment upon conversion to NSPS under 5 CFR 9901.371(j) (e.g., a WGI adjustment) (See Note 1);
      • A noncompetitive promotion equivalent increase provided to eligible employees during the first 12 months following conversion under 5 CFR 9901.371(l).
    3. A zero increase at the time of an opportunity for an increase, which would include the following:
      • A zero performance pay increase under 5 CFR 9901.342, excluding employees who do not have an opportunity for an increase because their rate equals or exceeds a range maximum (See Note 1);
      • A zero developmental pay increase under 5 CFR 9901.345, if there is a fixed schedule for receiving such an increase;
      • A zero pay adjustment (WGI adjustment) upon conversion to NSPS under 9901.371(j), if the zero adjustment was based on the employee being rated below an acceptable level of competence (as defined in 5 CFR part 531, subpart D), as required by NSPS 5 CFR 9901.371(j)(6); or
      • A zero pay adjustment (WGI adjustment equivalent) upon placement in an NSPS position and application of 5 CFR 990.351(c), if the zero adjustment was based on the employee being rated below an acceptable level of competence.
    Note 1: OPM has a general policy that a pay increase resulting from a change in pay system does not count as an equivalent increase. However, the NSPS WGI adjustment and WGI adjustment equivalent are pay adjustments made under the NSPS system after conversion or placement (although effective on the same date). Under the NSPS regulations, employees are converted with no change in pay. The WGI adjustment under 5 CFR 9901.371(j) is a mandatory adjustment following that conversion. The WGI adjustment equivalent under 5 CFR 9901.351(c)(1) also is a mandatory adjustment, and the WGI adjustment equivalent under 5 CFR 9901(c)(2) is a discretionary adjustment, both made following placement in an NSPS position.Note 2: To the extent that DoD establishes any control point that serves as a maximum rate for all positions within a defined subcategory within a band based on labor market factors (without regard to performance rating), a pay increase denied solely because of such control point would not be considered to be an opportunity for an increase and thus would not be considered to be an equivalent increase.Note 3: Consistent with 5 CFR 531.407(c), a local market supplement adjustment under NSPS would not be considered an equivalent increase. Also, an adjustment resulting from being placed in a subcategory of positions to which a higher supplement applies would not be an equivalent increase.
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  • If 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 temployee'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, 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-date 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. Also, 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. Whatever method is used, the resulting rate is the basis for any subsequent promotion. With respect to the "maximum pay rate" rule, please note that an employee's highest previous rate may not be based on a rate received in a position to which the employee was temporarily promoted for less than 1 year, except upon permanent placement in a position at the same or higher grade. (See 5 CFR 531.223(b).) If an agency chooses to apply the maximum payable rate rule, it 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.
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  • See the annual leave fact sheet at - http://www.opm.gov/oca/leave/HTML/ANNUAL.asp
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  • No. The Comptroller General has ruled that an individual on active duty military service may not be employed in a civilian capacity with the Government. The Comptroller General has held that the rendition of services to the Government in a civilian capacity by a member of the armed services on active duty is incompatible with the member's actual or potential military duties and payment for such services is not authorized in the absence of specific statutory authority. This is the case even though the civilian services are rendered during the military member's hours of relaxation or time provided to attend to personal affairs. (See 64 Comp. Gen. 395, 399-400 (1985), and 47 Comp. Gen. 505-506 (1968).)
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  • No. An employee who is returned from a temporary promotion to his or her regular grade and step and is subsequently promoted to the same grade held during the temporary promotion receives an "equivalent increase" upon the permanent promotion and begins a new waiting period on the date of the permanent promotion. The time spent in the temporary grade and step is not creditable service towards the completion of a waiting period when the employee is permanently promoted.NOTE: If a temporary promotion is made permanent immediately after the temporary promotion ends, the agency may not return the employee to the lower grade. The agency must convert the employee's temporary promotion to a permanent promotion without a change in pay. See 5 CFR 531.214(e).
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  • Yes. Effective November 24, 2003, all employees who have been activated in support of the national emergency declared by the President are entitled to the 22 days of military leave under 5 U.S.C. 6323(b).
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Total Count: 363, Number of Pages: 37, Page: 4
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