(a) “Administrative order” means an order issued by an authorized officia' of an agency relieving regular employees from active duty without charge tɔ leave or loss of pay.

(b) "Regular employees" means employees paid at daily, hourly, or piecework rates who have a regular tour of cuty, and whose appointments are not limited to 90 days or less or who have been currently employed for a continuous period of 90 days under one or more appointments without a break in service.

[33 FR 12474, Sept. 4, 1968, as amended at 34 FR 2479, Feb. 21, 1969]

§ 610.304 Coverage.

This subpart applies to regular employees of the Federal Government paid at daily, hourly, or piecework rates. This subpart does not apply to experts and consultants.

§ 610.305 Standards.

An administrative order may be issued under this subpart when:

(a) Normal operations of an establishment are interrupted by events beyond the control of management or employees;

(b) For managerial reasons, the closing of an establishment or portions thereof is required for short periods;

or

(c) It is in the public interest to relieve employees from work to participate in civil activities which the Government is interested in encouraging.

(d) The circumstances are such that an administrative order under paragraph (a), (b), or (c) of this section is not appropriate and the agency under

620.103 Requirement for time-accounting method.

620.104 Limitation on compensatory time off.

620.105 Holiday for part-time employees on flexible schedules.

620.106 Required participation.

AUTHORITY: Titles I-III, Pub. L. 95-390, 92 Stat. 756 (5 U.S.C. 6101 note); sec. 102, Reorg. Plan No. 2 of 1978.

SOURCE: 44 FR 68802, Nov. 30, 1979, unless otherwise noted.

EFFECTIVE DATE NOTE: Part 620 expires on Mar. 28, 1982. (See 44 FR 68799, Nov. 30, 1979.)

cordance with the provisions of Pub. L. 95-390 and this part may not utilize any of the provisions of Pub. L. 95390, including the provisions relating to computation of premium pay and holidays.

§ 620.103 Requirement for time-accounting method.

An agency conducting an alternative work schedule experiment under Pub. L. 95-390 must include in that experiment a time-accounting method that will provide affirmative evidence that each employee subject to the experiment has worked the proper number of hours.

§ 620.104 Limitation on compensatory time off.

In carrying out section 103(a) of Pub. L. 95-390, an agency may not allow an employee on a flexible schedule to accrue, at any time, more than 10 hours of compensatory time in lieu of payment for regularly or irregularly scheduled overtime work.

§ 620.105 Holiday for part-time employees on flexible schedules.

For purposes of section 104 of Pub. L. 95-390, if a holiday occurs on a day within a part-time employee's scheduled tour of duty (including those days on which flexible hours are scheduled) the employee is entitled to basic pay with respect to that holiday for a number of hours equal to the number of hours which the employee is scheduled to work in order to fulfill his or her basic work requirement during the biweekly pay period, divided by the number of days which comprise the employee's tour or tours of duty (including those days on which only flexible hours are scheduled) for the biweekly pay period.

630.501

630.502

630.503 630.504

Subpart E-Recredit of Leave

Annual leave recredit.

Sick leave recredit.

Leave from former leave systems.
Reestablishment of leave account

after military service.

630.505 Restoration after appeal. 630.506

Minimum unit.

Sec.

630.603 Computation of service abroad.

630.604 Earning rates.

630.605 Computation of home leave.

630.606 Grant of home leave.

630.607 Transfer and recredit of home leave.

Subpart G-Shore Leave

630.701 Coverage.

630.702 Definitions.

630.703 Computation of shore leave. 630.704 Granting shore leave.

Subpart H-Funeral Leave

630.801 Applicability.

630.802 Coverage.

630.803 Definitions.

630.804 Granting of funeral leave.

AUTHORITY: 5 U.S.C. 6311, unless otherwise noted.

SOURCE: 33 FR 12475, Sept. 4, 1968, unless otherwise noted.

Subpart A-General Provisions

§ 630.101 Responsibility for administration.

The head of an agency having employees subject to this part is responsible for the proper administration of this part so far as it pertains to employees under his jurisdiction, and for maintaining an account of leave for each employee in accordance with methods prescribed by the General Accounting Office.

[34 FR 13655, Aug. 26, 1969]

Subpart B-Definitions and General Provisions for Annual and Sick Leave

§ 630.201 Definitions.

(a) In section 6301(2)(iii) of title 5, United States Code, the term "temporary employee engaged in construction work at an hourly rate" means an employee hired on a temporary basis solely for the purpose of work on a specific construction project and paid at an hourly rate.

(b) In Subparts B through G of this part:

(1) "Accrued leave" means the leave earned by an employee during the cur

rent leave year that is unused at any given time in that leave year.

(2) "Accumulated leave" means the unused leave remaining to the credit of an employee at the beginning of a leave year.

(3) "Contagious disease" means a disease which is ruled as subject to quarantine, requires isolation of the patient, or requires restriction of movement by the patient for a specified period as prescribed by the health authorities having jurisdiction.

(4) "Employee" means an employee to whom subchapter I of chapter 63 of title 5, United States Code, applies.

(5) "Leave year' means the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year.

(6) "Medical certificate" means a written statement signed by a registered practicing physician or other practitioner certifying to the incapacitation, examination, or treatment, or to the period of disability while the patient was receiving professional treatment.

(7) "United States" means the several States and the District of Columbia. [33 FR 12475, Sept. 4, 1968, as amended at 34 FR 13655, Aug. 26, 1969]

§ 630.202 Full biweekly pay period; leave earnings.

(a) Full-time employees. A full-time employee earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a nonpay status.

(b) Part-time employees; hourly postal field service employees. Hours in a pay status in excess of an agency's basic working hours in a pay period are disregarded in computing the leave earnings of a part-time employee, except that an hourly employee in the field service of the U.S. Postal Service earns leave to the annual maximum in accordance with his actual number of hours in a pay status.

§ 630.203 Pay periods other than biweekly. An employee paid on other than a biweekly pay period basis earns leave

on a pro rata basis for a full pay period.

§ 630.204 Fractional pay periods.

When an employee's service is interrupted by a non-leave-earning period, he earns leave on a pro rata basis for each fractional pay period that occurs within the continuity of his employment.

§ 630.205 Change in length of day.

When the number of hours of duty in a full-time employee's workday is permanently changed, the leave to his credit is converted to the proper number of hours based upon the nev workday.

§ 630.206 Minimum charge.

(a) Unless an agency establishes a minimum charge of less than one hour, or establishes a different minimum charge through negotiations, the minimum charge for leave is one hour, and additional charges are in multiples thereof. If an employee is unavoidably or necessarily absent for less than one hour, or tardy, the agency, for adequate reason, may excuse him without charge to leave.

(b) When an employee is charged with leave for an unauthorized absence or tardiness, the agency may not require him to perform work for any part of the leave period charged against his account.

[33 FR 12475, Sept. 4, 1968, as amended at 38 FR 18446, July 11, 1973; 38 FR 26601, Sept. 24, 1973]

§ 630.207 Travel time.

The travel time granted an employee under section 6303(d) of title 5, United States Code, is inclusive of the time necessarily occupied in traveling to and from his post of duty and (a) the United States, or (b) his place of residence, which is outside the area of employment, in the Commonwealth of Puerto Rico or the territories or possessions of the United States. The employee shall designate his place of residence in his request for leave under section 6303(d) of title 5, United States Code.

§ 630.208 Reduction in leave credits.

(a) When the number of hours in a nonpay status in a full-time employee's leave year equals the number of basepay hours in a pay period, the agency shall reduce his credits for leave by an amount equal to the amount of leave the employee earns during the pay period. When the employee's number of hours of nonpay status does not require a reduction of leave credits, the agency shall drop those hours at the end of the employee's leave year. For the purpose of determining the reduction of leave credits under this paragraph when an employee has one or more breaks in service during a leave year, the agency shall include all hours in a nonpay status (other than nonpay status during a fractional pay period when no leave accures) for each period of service during the leave year in which annual leave accrued.

(b) An employee who is in a nonpay status for his entire leave year does not earn leave.

(c) When a reduction in leave credits results in a debit to an employee's annual leave account at the end of a leave year, the agency shall:

(1) Carry the debit forward as a charge against the annual leave to be earned by the employee in the next leave year; or

(2) Require the employee to refund the amount paid him for the period covering the excess leave that resulted in the debit.

(d) A period covered by an employee's refund for unearned advanced leave is deemed not a nonpay status under this section.

§ 630.209 Refund for unearned leave.

(a) When an employee who is indebted for unearned leave is separated, the agency shall:

(1) Require him to refund the amount paid him for the period covering the leave for which he is indebted;

or

(2) Deduct that amount from any pay due him.

An employee who enters active military service with a right of restoration

is deemed not separated for the purpose of this paragraph.

(b) This section does not apply when an employee:

(1) Dies;

(2) Retires for disability; or

(3) Resigns or is separated because of disability which prevents him from returning to duty or continuing in the service, and which is the basis of the separation as determined by his agency on medical evidence acceptable to it.

630.210 Uncommon tours of duty.

An agency having employees who work 24-hour shifts or other uncommon tours of duty may prescribe supplemental regulations consistent with subchapter I of chapter 63 of title 5, United States Code, and this part for administering leave for these employ

ees.

§ 630.211 Exclusion of Presidential appointees.

(a) Authority. Section 6301(2)(xi) of title 5, United States Code, authorizes the exclusion of certain Presidential appointees in the executive branch or the government of the District of Columbia from the annual and sick leave provisions of subchapter I of chapter 63 of title 5, United States Code, and from the related provisions of this part. This authority does not apply to Presidential appointees paid more than the rate for GS-18, who are excluded from the leave provisions by 5 U.S.C. 6301(2)(x), nor does it apply to United States Attorneys or United States Marshals, who may not be excluded from the leave provisions. The President, by Executive Order 10540, as amended, has delegated to the Office of Personnel Management the responsibility for making exclusions under section 6301(2)(xi), and the Office of Personnel Management delegated responsibility to the heads of agencies in accordance with the provisions of this section.

(b) Criteria for exclusions. The head of an agency may exclude an officer in the agency from the annual and sick leave provisions only if the officer meets all of the following criteria:

(1) The officer is a Presidential appointee;

(2) The rate of pay for the officer's position does not exceed the rate for GS-18 (Presidential appointees paid more than the rate for GS-18 being automatically excluded from annual and sick leave); and

(3) The officer's responsibilities for carrying out the duties of the position continue outside normal duty hours and while away from the normal duty post.

(c) Revocation of exclusion. The head of an agency may revoke an exclusion from the annual and sick leave provisions which was made under this section.

(d) Reports. The head of an agency must report any exclusion, or revocation of an exclusion, authorized under this section to the Office of Personnel Management.

(e) Continuation of previous authorizations. Any officer in an agency who was excluded by action of the President or the Civil Service Commission prior to February 15, 1979, from the annual and sick leave provisions under the authority of 5 U.S.C. 6301(2)(xi) shall continue to be excluded from annual and sick leave unless the exclusion is revoked by the agency under the provisions of this section.