[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR630.409]

[Page 702-703]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 630--ABSENCE AND LEAVE--Table of Contents
 
                          Subpart D--Sick Leave
 
Sec. 630.409  Substitution of sick leave for annual leave for adoption-related purposes.

    (a) Upon the written request of an employee under the procedures set 
forth in paragraph (b) of this section, an individual who is employed by 
the Federal Government on September 30, 1994, or who is reemployed by 
the Federal Government on or after September 30, 1994, in a position 
covered by subchapter I of chapter 63 of title 5, United States Code, 
may elect to substitute his or her accrued and accumulated sick leave 
for all or any portion of any annual leave used for purposes relating to 
the adoption of a child between September 30, 1991, and September 30, 
1994.
    (b) An employee's written request under paragraph (a) of this 
section to substitute any accrued and accumulated sick leave for annual 
leave used for adoption-related purposes must be submitted to his or her 
employing agency by September 30, 1996. The employee's written request 
shall--
    (1) Specify the period(s) and amount(s) of annual leave involved;
    (2) Include copies of any available contemporaneous earnings and 
leave statement(s) or other contemporaneous documentation acceptable to 
the agency that specifies the period(s) and amount(s) of annual leave 
used by the employee for purposes relating to the adoption of a child 
between September 30, 1991, and September 30, 1994;
    (3) Specify the amount(s) of accrued and accumulated sick leave to 
be substituted under paragraph (b)(1) of this section; and

[[Page 703]]

    (4) Include evidence of the adoption that is administratively 
acceptable to the employing agency.
    (c) In the absence of a written request by the employee that meets 
the requirements of paragraph (b) of this section, no substitution of 
sick leave may be approved under this section.
    (d) Within a reasonable period of time after receiving an employee's 
written request that meets the requirements set forth in paragraph (b) 
of this section, the employing agency shall--
    (1) Deduct from the employee's sick leave account any amount(s) of 
accrued and accumulated sick leave the employee elects to substitute for 
annual leave used for adoption-related purposes between September 30, 
1991, and September 30, 1994, that is supported by written documentation 
acceptable to the employing agency; and
    (2) Credit the employee's annual leave account with an amount of 
annual leave equal to the amount of sick leave the employee elects to 
substitute under paragraphs (a) and (b) of this section.
    (e) If the agency determines that insufficient written documentation 
exists to honor the employee's request, the employing agency shall 
inform the employee of this determination in writing.
    (f) Any annual leave credited to an employee's current annual leave 
account under paragraph (d)(2) of this section shall be available for 
use by the employee on or after the date the annual leave is credited in 
the same manner and for the same purposes as the employee's current 
accrued and accumulated annual leave. The annual leave credited to an 
employee under this section may not be substituted for any period of 
otherwise paid leave or leave without pay used prior to the date the 
annual leave is credited to the employee's annual leave account under 
paragraph (d)(2) of this section.

[59 FR 62274, Dec. 2, 1994]