5 C.F.R. § 630.1106 Limitations on donation and use of annual leave.
Title 5 - Administrative Personnel
(a) An employee may voluntarily submit a written request to his or her employing agency that a specified number of hours of his or her accrued annual leave, consistent with the limitations in paragraph (b) of this section, be transferred from his or her annual leave account to an emergency leave transfer program established under §630.1103(b). An emergency leave donor may not donate annual leave for transfer to a specific emergency leave recipient under this subpart. (b) An emergency leave donor may not contribute less than 1 hour nor more than 104 hours of annual leave in a leave year. Each agency may establish written criteria for waiving the 104-hour limitation on donating annual leave in a leave year. (c) Annual leave donated under this subpart may not be applied against the limitations on the donation of annual leave under the voluntary leave transfer or leave bank programs established under 5 U.S.C. 6332 and 6362, respectively. (d) An emergency leave recipient may receive a maximum of 240 hours of donated annual leave at any one time from an emergency leave transfer program for each disaster or emergency. (e) Each emergency leave recipient must use the donated annual leave for purposes related to the disaster or emergency for which the emergency leave recipient was approved. (f) Annual leave transferred under this subpart may be— (1) Substituted retroactively for any period of leave without pay used because of the adverse effects of the disaster or emergency; or (2) Used to liquidate an indebtedness incurred by the emergency leave recipient for advance annual or sick leave used due to the adverse effects of the disaster or emergency. An agency may advance an emergency leave recipient annual or sick leave, as appropriate (even if the employee has available annual and sick leave), so that the emergency leave recipient is not forced to use his or her accrued leave before donated annual leave becomes available. (g) While an emergency leave recipient is using donated annual leave from an emergency leave transfer program, annual and sick leave will accrue to the credit of the employee at the same rate as if the employee were in a paid leave status under subchapter I of chapter 63 of title 5, United States Code, and will be subject to the limitations imposed by 5 U.S.C. 6304(a), (b), (c), and (f) at the end of the leave year in which the transferred annual leave is received. (h) Annual leave transferred under this subpart may not be— (1) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552; (2) Made available for recredit under 5 U.S.C. 6306 upon reemployment by a Federal agency; or (3) Used to establish initial eligibility for immediate retirement or acquire eligibility to continue health benefits into retirement under 5 U.S.C. 6302(g). (i) Agencies are responsible for ensuring that annual leave donated under the emergency leave transfer program is used appropriately.
Title 5: Administrative Personnel
PART 630—ABSENCE AND LEAVE
Subpart K—Emergency Leave Transfer Program
§ 630.1106 Limitations on donation and use of annual leave.
