U.S. Office of Personnel Management.
The U.S. Office of Personnel Management is issuing final regulations to implement a provision of the National Defense Authorization Act for Fiscal Year 2008 which provides a higher limit on the accumulation of annual leave for certain senior-level employees.
These regulations are effective April 8, 2008.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Doris Rippey by telephone at (202) 606-2858; by fax at (202) 606-0824; or by e-mail at firstname.lastname@example.org.End Further Info End Preamble Start Supplemental Information
The U.S. Office of Personnel Management (OPM) is issuing final regulations to implement a provision of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181, January 28, 2008) which provides a higher limit on the accumulation of annual leave for certain senior-level employees covered by 5 U.S.C. 5376 and 10 U.S.C. 1607(a).
Section 1112 of the Act amends 5 U.S.C. 6304(f)(1) to provide that the annual leave carryover ceiling for employees in senior-level (SL) and scientific and professional (ST) positions compensated under 5 U.S.C. 5376, and for employees serving in positions designated under 10 U.S.C. 1607(a) as Intelligence Senior Level positions, is 90 days (720 hours)—the same 90-day annual leave ceiling that applies to members of the Senior Executive Service.
Waiver of Notice of Proposed Rulemaking
Pursuant to section 553(b)(B) of title 5 of the United States Code, OPM finds good cause exists for waiving the general notice of proposed rulemaking. Also, pursuant to 5 U.S.C. 553(d)(3), OPM finds good cause exists for making this rule effective in less than 30 days. These regulations implement section 1112 of Public Law 10X-181, which became effective on the date of enactment, January 28, 2008. The statutory change is unambiguous and does not require interpretation, because it only extends coverage under a particular provision of law to additional categories of employees. These regulations merely incorporate the statutory change. Thus, a notice of proposed rulemaking and a delayed effective date are unnecessary. This waiver will facilitate timely implementation of the law as intended by Congress.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866.
Regulatory Flexibility Act
I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will apply only to Federal agencies and employees.Start List of Subjects
List of Subjects in 5 CFR Part 630End List of Subjects Start Signature
Office of Personnel Management.
Linda M. Springer,
Accordingly, OPM is amendingEnd Amendment Part Start Part
PART 630—ABSENCE AND LEAVEEnd Part Start Amendment Part
1. The authority citation for part 630 continues to read as follows:End Amendment Part
Subpart C—Annual LeaveStart Amendment Part
2. In § 630.301, the section heading and paragraphs (e), (f), and (g) are revised to read as follows:End Amendment Part
(e) Unused annual leave accrued by an employee while serving in a position subject to one of the pay systems under 5 U.S.C. 5383 (Senior Executive Service) or 5 U.S.C. 5376 (Senior-Level and Scientific or Professional) or 10 U.S.C. 1607(a) (Intelligence Senior Level), shall accumulate for use in succeeding years until it totals not more than 90 days (720 hours) at the beginning of the first full biweekly pay period (or corresponding period for an employee who is not paid on the basis of biweekly pay periods) occurring in a calendar year.
(f) When an employee in a position outside of those listed in paragraph (e) of this section moves to a position covered by paragraph (e) of this section, any annual leave accumulated prior to movement shall remain to the employee's credit.
(1) Annual leave accumulated prior to movement to a position covered by paragraph (e) of this section that is in excess of the amount allowed for the former position by 5 U.S.C. 6304(a), (b), or (c) and that is not used by the beginning of the first full biweekly pay period in the next leave year shall be subject to forfeiture.
(2) If an employee serves less than a full pay period in a position listed in paragraph (e) of this section, only that portion of accrued annual leave that is attributable to service in such a position shall be subject to the 90-day (720-hour) limitation on accumulation of annual leave. Annual leave accrued during the Start Printed Page 18944remainder of the pay period shall be subject to the limitations in 5 U.S.C. 6304(a), (b), and (c), as appropriate.
(g) When an employee covered by paragraph (e) of this section moves to a position not covered by paragraph (e) of this section, any annual leave accumulated while serving in the former position that is in excess of the amount allowed for the position by 5 U.S.C. 6304(a), (b), or (c) shall remain to the employee's credit and shall be subject to reduction under procedures identical to those described in 5 U.S.C. 6304(c).
[FR Doc. E8-7303 Filed 4-7-08; 8:45 am]
BILLING CODE 6325-39-P