(a) A leave recipient may use annual leave withdrawn from a leave bank only for the purpose of medical emergency for which the leave recipient was approved.
(b) Except as provided in § 630.1008, during each biweekly pay period that a leave recipient is affected by a medical emergency, he or she shall use any accrued annual leave (and sick leave, if applicable) before using annual leave withdrawn from a leave bank.
(c) The approval and use of annual leave withdrawn from a leave bank shall be subject to all of the conditions and requirements imposed by chapter 63 of title 5, United States Code, part 630 of this chapter, and the agency on the approval and use of annual leave accrued under 5 U.S.C. 6303,except.S.C. 6304(a).
(d) Annual leave withdrawn from a leave bank may be substituted retroactively for any period of leave without pay or used to liquidate an indebtedness for any period of advanced leave that began on or after the date fixed by the leave bank board as the beginning of the medical emergency.
(e) Annual leave withdrawn from a leave bank may not be—
(1) Included in a lump-sum payment under 5 U.S.C. 5551 or 5552; or
(2) Made available for recredit under 5 U.S.C. 6306 upon reemployment by a Federal agency.
(f) An agency having employees who earn and use annual leave on the basis of an uncommon tour of duty shall establish procedures for administering the contribution and withdrawal of annual leave by such employees under this subpart.
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 630.1009