[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR630.302]

[Page 723]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 630_ABSENCE AND LEAVE--Table of Contents
 
                         Subpart C_Annual Leave
 
Sec. 630.302  Maximum annual leave accumulation--forty-five day limitation.

    (a) The effective date on which an employee (otherwise eligible 
thereunder) becomes subject to section 6304(b) of title 5, United States 
Code, is the:
    (1) Date of his entry on duty when he is employed locally;
    (2) Date of his arrival at a post of regular assignment for duty; or
    (3) Date on which he begins to perform duty in an area outside the 
United States and the area of recruitment or from which transferred, 
when the employee is required to perform duty en route to his post of 
regular assignment for duty.
    (b) Subject to section 6304(c) of title 5, United States Code, the 
maximum amount of annual leave that may be carried forward into the next 
leave year by an employee who is transferred or reassigned to a position 
in which he is no longer subject to section 6304(b) of that title is 
determined as follows:
    (1) When, on the date prescribed by paragraph (c) of this section, 
the amount of an employee's accumulated and accrued annual leave is 30 
days or less, he may carry forward the amount prescribed by section 
6304(a) of title 5, United States Code;
    (2) When, on the date prescribed by paragraph (c) of this section, 
the amount of an employee's accumulated and accrued annual leave is more 
than 30 days but not more than 45 days, he may carry forward the full 
amount thereof that is unused at the end of the current leave year;
    (3) When, on the date prescribed by paragraph (c) of this section, 
the amount of an employee's accumulated and accrued annual leave is more 
than 45 days, he may carry forward the amount of unused annual leave to 
his credit at the end of the current leave year that does not exceed:
    (i) 45 days, if he is not entitled to a greater accumulation under 
section 6304(c) of title 5, United States Code; or
    (ii) The amount he is entitled to accumulate under section 6304(c) 
of that title, if that amount is greater than 45 days.
    (c) For the purposes of paragraph (b) of this section, an agency 
shall determine the amount of an employee's accumulated and accrued 
annual leave at the end of the pay period which includes:
    (1) The date on which the employee departs from his post of regular 
assignment for transfer or reassignment, except that when the employee 
is required to perform duty en route in an area in which he would be 
subject to section 6304(b) of title 5, United States Code, if assigned 
there, it is the date on which he ceases to perform the duty; or
    (2) The date on which final administrative approval is given to 
effect a change in the employee's duty station when he is on detail or 
leave in the United States, or in an area (the Commonwealth of Puerto 
Rico or a territory or possession of the United States) from which he 
was recruited or transferred.