5 C.F.R. Subpart M—Reservist Leave Bank Program
Title 5 - Administrative Personnel
Source: 56 FR 20518, May 6, 1991, unless otherwise noted. Redesignated at 64 FR 72253, Dec. 27, 1999.
(a) Purpose. The purpose of this subpart is to establish procedures and requirements for a reservist leave bank program in Executive agencies under which an employee may contribute unused accrued annual leave to a leave bank established by the Office of Personnel Management (OPM) for use by eligible returnees who have been members of the Armed Forces of the United States serving on active duty during the Persian Gulf War and who return to civilian employment with their agencies. (b) Applicability. This subject applies to officers and employees— (1) To whom subchapter IV of chapter 63 of title 5, United States Code, applies; and (2) Who are employed in Executive agencies. In this subpart: Agency means an “Executive agency,” as defined in 5 U.S.C. 105. Contribution period means a period of at least 6 weeks beginning on a date to be established by OPM. The Director of OPM may extend the contribution period, if necessary, to meet the requirements of the legislation. Eligible returnee means an employee who has been a member of the U.S. Armed Forces serving on orders issued under 10 U.S.C. 672(a), 672(g), 673, 673b, 674, 675, or 688 during the Persian Gulf War, and who has returned to, or will return to Federal employment with his or her agency. An employee who, after completing his or her active duty military service, does not return to Federal employment for any reason is not eligible to receive leave contributed to the reservist leave bank. Employee has the meaning given that term in 5 U.S.C. 6361(1). Leave contributor means an employee who contributes annual leave to the reservist leave bank established under section 361 of Public Law 102–25; 105 Stat. 92 (5 U.S.C. 6361 note). Persian Gulf War means the period beginning on August 2, 1990, and ending on a date thereafter prescribed by Presidential proclamation or by law. OPM will advise agencies of the ending date for eligibility to receive leave under this program. Reservist leave bank means the leave bank established by OPM for the purpose of this subpart. (a) Each agency shall identify and list all eligible returnees within the agency. (b) Each agency shall report the number of eligible returnees identified to OPM. Negative reports are required. (a) Each agency shall accept annual leave contributed to the reservist leave bank by leave contributors during the contribution period (open season). (b) Each agency shall determine the procedures under which to collect, process, and transfer leave contributed under this subpart. Leave contributed to the reservist leave bank must be debited from the contributor's annual leave account during the pay period in which it is contributed. (c) Each agency shall report the aggregate amount of annual leave contributed to the reservist leave bank to OPM. (See §630.1309(b)(1) of this subpart.) [56 FR 20518, May 6, 1991. Redesignated and amended at 64 FR 72253, 72256, Dec. 27, 1999] (a) A leave contributor may not contribute leave for the use of a specific eligible returnee. (b) A leave contributor may contribute only accrued unused annual leave to the reservist leave bank. (c) A leave contributor may not contribute less than 1 hour of annual leave, nor more than the lesser of— (1) One-half the amount of annual leave he or she would be entitled to accrue during the leave year in which the contribution is made; or (2) One-half his or her annual leave balance at the time the contribution is made. (d) Annual leave contributed to the reservist leave bank shall not be applied against the limitations on annual leave that may be donated under the voluntary leave transfer and leave bank programs established under 5 U.S.C. 6332 and 6362, respectively. (a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any rights such employee may have with respect to contributing, or not contributing, annual leave under this subpart. (b) For the purpose of paragraph (a) of this section, the term “intimidate, threaten, or coerce” includes promising to confer or conferring any benefit (such as an appointment or promotion or compensation) or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation). (a) OPM shall divide the contributed annual leave equally among eligible returnees without regard to any factor (e.g., full- or part-time status, duty station during the Persian Gulf War, or time spent on active duty) other than each employee's status as an eligible returnee. (b) The amount of annual leave each eligible returnee receives shall be rounded to the next higher quarter-hour. An employing agency may not reduce the amount of leave credited to an eligible returnee by any fraction of an hour, but may grant leave recipients excused absence for the remainder of the hour or charge leave by the quarter-hour for the purpose of this program. (c) OPM shall notify each agency of the amount of annual leave that shall be credited to each eligible returnee. (d) Each agency shall credit the annual leave accounts of eligible returnees who have returned to Federal employment as soon as possible, but not later than the end of the second pay period beginning on or after the date the agency is notified of the amount of leave each eligible returnee is to receive. (a) The annual leave credited to the account of an eligible returnee may be used in the same manner and for the purposes as if the leave had accrued under 5 U.S.C. 6303. (b) An eligible returnee who has returned to Federal employment may use the leave credited under §630.1307 of this subpart immediately, subject to supervisory approval. (c) Annual leave creditable to an eligible returnee who has not yet returned to Federal employment shall be held in abeyance by the employing agency that identified such employee until his or her return. (d) Annual leave held in abeyance for an eligible returnee who does not return to Federal employment shall be forfeited. [56 FR 20518, May 6, 1991. Redesignated and amended at 64 FR 7225, 72256, Dec. 27, 1999] (a) Each agency shall maintain records and report pertinent information concerning the administration of the reservist leave bank program. (b) Each agency shall maintain the following information: (1) The grade or pay level of each leave contributor and the amount of leave contributed by leave contributors at each grade or pay level (Each agency is required to report to OPM the aggregate amount of annual leave contributed to the reservist leave bank under §630.1304(c) of this subpart.); (2) The grade or pay level of each eligible returnee; (3) The number of eligible returnees to whom the contributed annual leave was credited immediately; (4) The number of eligible returnees for whom the contributed annual leave was held in abeyance; (5) The estimated direct and indirect costs of administering the reservist leave bank program; and (6) Any additional information OPM may require. (c) Each agency shall report the information specified in paragraph (b) of this section to OPM. (d) OPM shall identify the dates by which each agency shall report the information gathered pursuant to §§630.1303(b) and 630.1304(c) of this subpart and paragraph (b) of this section. [56 FR 20518, May 6, 1991. Redesignated and amended at 64 FR 7225, 72256, Dec. 27, 1999]
Title 5: Administrative Personnel
PART 630—ABSENCE AND LEAVE
Subpart M—Reservist Leave Bank Program
§ 630.1301 Purpose and applicability.
§ 630.1302 Definitions.
§ 630.1303 Identifying eligible returnees.
§ 630.1304 Receipt, processing, and transfer of leave.
§ 630.1305 Limitations on contribution of annual leave.
§ 630.1306 Prohibition of coercion.
§ 630.1307 Crediting annual leave accounts of eligible returnees.
§ 630.1308 Use of annual leave contributed under this program.
§ 630.1309 Records and reports.
