§9812 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Administrator may count certain non-Federal work as if it were Federal service when figuring annual leave under section 6303 for newly appointed employees. A "newly appointed employee" is someone joining the Federal Government for the first time or returning after at least a 90‑day break, with exceptions for certain student jobs, law clerk trainees, short student temporary work, provisional appointments that immediately become permanent, and temporary jobs that are not full‑time or the person's main job. A "period of qualified non‑Federal service" is prior work with duties directly related to the new job and that would not otherwise count as Federal service. "Directly related" means the same line of work requiring similar qualifications. If the Administrator treats such non‑Federal service as Federal service, that treatment stays in effect while the person serves in or under the Administration. Employees paid under section 5376 or 5383, or those in equivalent jobs paid more than the rate for GS‑15, step 10, earn annual leave at 1 day for each full biweekly pay period, and that rate continues while they serve in or under the Administration.

Title 5, §9812

Government Organization and Employees — Source: USLM XML via OLRC

(a)In this section—

(1)the term “newly appointed employee” means an individual who is first appointed—

(A)as an employee of the Federal Government; or

(B)as an employee of the Federal Government following a break in service of at least 90 days after that individual’s last period of Federal employment, other than—

(i)employment under the Student Educational Employment Program administered by the Office of Personnel Management;

(ii)employment as a law clerk trainee;

(iii)employment under a short-term temporary appointing authority while a student during periods of vacation from the educational institution at which the student is enrolled;

(iv)employment under a provisional appointment if the new appointment is permanent and immediately follows the provisional appointment; or

(v)employment under a temporary appointment that is neither full-time nor the principal employment of the individual;

(2)the term “period of qualified non-Federal service” means any period of service performed by an individual that—

(A)was performed in a position the duties of which were directly related to the duties of the position in the Administration which that individual will fill as a newly appointed employee; and

(B)except for this section, would not otherwise be service performed by an employee for purposes of section 6303; and

(3)the term “directly related to the duties of the position” means duties and responsibilities in the same line of work which require similar qualifications.

(b)(1)For purposes of section 6303, the Administrator may deem a period of qualified non-Federal service performed by a newly appointed employee to be a period of service of equal length performed as an employee.

(2)A decision under paragraph (1) to treat a period of qualified non-Federal service as if it were service performed as an employee shall continue to apply so long as that individual serves in or under the Administration.

(c)(1)Notwithstanding section 6303(a), the annual leave accrual rate for an employee of the Administration in a position paid under section 5376 or 5383, or for an employee in an equivalent category whose rate of basic pay is greater than the rate payable at GS–15, step 10, shall be 1 day for each full biweekly pay period.

(2)The accrual rate established under this subsection shall continue to apply to the employee so long as such employee serves in or under the Administration.

Editorial Notes

References in Text

GS–15, referred to in subsec. (c)(1), is contained in the General Schedule, which is set out under section 5332 of this title.

§9812 Annual Leave Enhancements

Summary

Title 5, §9812

Notes & Related Subsidiaries

Editorial Notes

References in Text

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