(a) Except as provided in paragraph (b) of this section and § 630.310, before annual leave forfeited under 5 U.S.C. 6304 may be considered for restoration under that section, use of the annual leave must have been scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year.
(b) The requirement for advance scheduling of annual leave in paragraph (a) of this section shall not apply to an employee who is covered by 5 U.S.C. 6304(d)(3). When coverage under 5 U.S.C. 6304(d)(3) terminates during a leave year, the employee shall make a reasonable effort to comply with the scheduling requirement in paragraph (a) of this section. The head of the agency or his or her designee may exempt employees from the advance scheduling requirement in paragraph (a) of this section if coverage under 6304(d)(3) terminated during the leave year and the employee was unable to comply with the advance scheduling requirement due to circumstances beyond his or her control.
[59 FR 62973, Dec. 7, 1994; 59 FR 65839, Dec. 21, 1994, as amended at 64 FR 46258, Aug. 25, 1999; 66 FR 55558, Nov. 2, 2001; 85 FR 48101, Aug. 10, 2020]
authority: 5 U.S.C. chapter 63 as follows: Subparts A through E issued under
5 U.S.C. 6133(a) (read with
5 U.S.C. 6129), 6303(e) and (f), 6304(d)(2), 6306(b), 6308(a), and 6311; subpart F issued under
5 U.S.C. 6305(a) and 6311 and E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G issued under
5 U.S.C. 6305(c) and 6311; subpart H issued under
5 U.S.C. 6133(a) (read with
5 U.S.C. 6129) and 6326(b); subpart I issued under
5 U.S.C. 6332,
6334,
6336,
and; subpart J issued under
5 U.S.C. 6340,
6363,
6365,
6367,
and; subpart K issued under
5 U.S.C. 6391(g); subpart L issued under
5 U.S.C. 6383(f) and 6387; subpart M issued under sec. 2(d), Pub. L. 114-75, 129 Stat. 641 (
5 U.S.C. 6329 note); subpart P issued under
5 U.S.C. 6329c(d); and subpart Q issued under
5 U.S.C. 6387.
source: 33 FR 12475, Sept. 4, 1968, unless otherwise noted.
cite as: 5 CFR 630.308