Interim Regulations Implementing 5 U.S.C. 6303 - Annual Leave Credit for Non-Federal and Uniformed Service

Washington, D.C. 20530

December 2, 2005

MEMORANDUM FOR BUREAU HUMAN RESOURCES OFFICERS

On August 2, 2005, I issued a memorandum regarding the interim regulations implementing 5 U.S.C. § 6303, Annual Leave Credit for Non-Federal and Uniformed Service. Subsequent to this issuance, we have had to amend a portion of our interim regulations clarifying who the officials and the designees are that can authorize service credits. Therefore, this memorandum supercedes my August 2, 2005, memorandum and provides the interim regulations for the Department.

Section 202(a) of the Federal Workforce Flexibility Act of 2004 amended 5 U.S.C. § 6303 to allow agencies to grant newly appointed employees, or employees reappointed after a break in service of 90 days or more, service credit for the purpose of determining the employee's annual leave accrual rate for prior experience that otherwise would not be creditable. The Office of Personnel Management issued interim regulations, at 70 Fed. Reg. 82 (April 29, 2005) (to be codified at 5 C.F.R. § 630.205), implementing this statutory change, which became effective on April 28, 2005. This memorandum serves as the Department of Justice's (DOJ) interim policy on this new hiring flexibility.

The following officials (or their designees) are authorized to grant service credits: (1) Component heads designated in 28 C.F.R. § 0.138 with personnel authority over non-attorney personnel grades GS-1 through GS-15 and wage board employees in their jurisdictions, the Inspector General with respect to such employees in his office, and the Assistant Attorney General for Administration with respect to such employees in all other components; (2) the Director of the Office of Attorney Recruitment and Management with respect to attorneys in grades GS-15 and below, Assistant United States Trustees, Assistant United States Attorneys, special attorneys and special assistants to the Attorney General appointed pursuant to 28 U.S.C. § 515(b), and attorneys appointed to assist the United States Attorney; and (3) the Deputy Attorney General with respect to employees in the Senior Executive Service, Senior Level positions, grades GS-16 through GS-18 and Immigration Judges.

Where an authorized official determines (1) that the skills and experience of a selectee are essential to a new position, and (2) these skills and experience were acquired through the performance of duties in a non-Federal position or an active duty uniform position that directly relates to the duties of the position for which the individual has been selected, an authorized official may grant a selectee (who is entering a position covered by the Federal annual and sick leave program established under 5 U.S.C. Chap. 63) credit for this prior service that otherwise would not be creditable for the purpose of determining his or her annual leave accrual rate. The authorized official may grant a selectee credit only if the experience was obtained in a position having duties that directly relate to the duties of the position to which the selectee is being appointed and the authorized official determines that the use of this authority is necessary to achieve an important agency mission or performance goal. Credit is to be granted effective on the date that the employee enters on duty in the relevant position. The authorized official may determine the amount of service to be credited for leave purposes, but this amount may not exceed the actual period of service during which the individual performed duties directly related to the position to which he or she is being appointed.

An authorized official shall justify and document his or her reasons for the granting of credit. Such documentation shall include: (1) a copy of the position description for the position being filled and the vacancy announcement for the position (if applicable), (2) the selectee's application, which, in the case of non-Federal personnel, must clearly document the length and nature of the service to be credited or be supplemented by supporting documentation to this effect, (3) for each period of service for which credit is requested, an explanation of how the duties relate to the position to which the selectee will be appointed, and (4) in the case of active duty uniformed service credited, a form DD214 documenting the service. For each grant of credit, an authorized official shall submit a copy of the justification and documentation to the Justice Management Division's Personnel Staff upon entrance of the employee on duty.

In order to retain this service credit beyond his or her initial appointment, an employee must complete one full year of continuous service with the Department. Should an employee leave the Department prior to his or her first full year of employment, the Department must re-calculate his or her service computation date for leave purposes: however, the employee will retain all accrued or accumulated annual leave for purposes of transfer or lump-sum leave payment.

For additional information or assistance, please contact Rachel Villare of th Personnel Staff's Workforce Effectiveness Group via email at rachel.villare@usdoj.gov or on (202) 616-3707. Questions and answers on the interim regulations can be viewed at: http://www.opm.gov/oca/compmemo/2005/2005-07_QA.asp.

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