[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR630.311]

[Page 701-702]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 630--ABSENCE AND LEAVE--Table of Contents
 
                         Subpart C--Annual Leave
 
Sec. 630.311  Scheduling of annual leave by employees determined necessary to respond to the ``National Emergency by Reason of Certain Terrorist Attacks.''

    (a) The ``National Emergency by Reason of Certain Terrorist 
Attacks'' (Presidential Proclamation of September 14, 2001) is deemed to 
be an exigency of the public business for the purpose of restoring 
annual leave forfeited under 5 U.S.C. 6304.
    (b) For any employee who forfeits annual leave under 5 U.S.C. 6304 
at the beginning of a leave year because the agency determined the 
employee's services were required in response to the national emergency, 
the forfeited annual leave is deemed to have been scheduled in advance 
for the purpose of 5 U.S.C. 6304(d)(1)(B) and Sec. 630.308.
    (c) Annual leave restored under 5 U.S.C. 6304(d) because of the 
national emergency must be scheduled and used

[[Page 702]]

within the time limits prescribed in paragraphs (c)(1) and (c)(2) of 
this section:
    (1) A full-time employee must schedule and use excess annual leave 
of 416 hours or less by the end of the leave year in progress 2 years 
after the date the employee's services are no longer required by the 
national emergency. The agency must extend this period by 1 leave year 
for each additional 208 hours of excess annual leave or any portion 
thereof.
    (2) A part-time employee must schedule and use excess annual leave 
in an amount equal to or less than 20 percent of the number of hours in 
the employee's scheduled annual tour of duty by the end of the leave 
year in progress 2 years after the date the employee's services are no 
longer required by the national emergency. The agency must extend this 
period by 1 leave year for each additional number of hours of excess 
annual leave, or any portion thereof, equal to 10 percent of the number 
of hours in the employee's scheduled annual tour of duty.
    (d) The time limits established under paragraphs (c)(1) and (c)(2) 
of this section for using restored annual leave accounts do not apply 
for the entire period during which an employee's services are required 
for the national emergency. When coverage under paragraphs (a) and (b) 
of this section ends, a new time limit will be established under 
paragraph (c) of this section for all annual leave restored to an 
employee under 5 U.S.C. 6304(d).
    (e) An employee whose services were determined essential during the 
national emergency, but who subsequently moves to a position not 
considered essential, must make a reasonable effort to comply with the 
scheduling requirement in Sec. 630.308(a). The head of the agency or his 
or her designee may exempt such an employee from the advance scheduling 
requirement in Sec. 630.308(a) if coverage under paragraphs (a) and (b) 
of this section terminated during the leave year and the employee can 
demonstrate that he or she was unable to comply with the advance 
scheduling requirement due to circumstances beyond his or her control.

[66 FR 55558, Nov. 2, 2001]