Emergency Leave Transfer for Federal Employees Adversely Affected by Hurricane Laura

Wednesday, October 7, 2020 CPM 2020-16 MEMORANDUM FOR: HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: MICHAEL J. RIGAS, ACTING DIRECTOR Subject: Emergency Leave Transfer for Federal Employees Adversely Affected by Hurricane Laura

In the event of a major disaster or emergency as declared by the President that results in severe adverse effects for a substantial number of Federal employees, the U.S. Office of Personnel Management (OPM), in consultation with the Office of Management and Budget (OMB), may establish an emergency leave transfer program (ELTP). After coordinating with Federal agencies to assess the impact on employees adversely affected by Hurricane Laura in the disaster areas, OPM, in consultation with OMB, has determined that the establishment of an ELTP is warranted. An ELTP permits employees in the executive and judicial branches, or agency leave banks established under 5 U.S.C. 6363, to donate unused annual leave for transfer to employees of the same or other agencies (or the judicial branch) who are adversely affected by a major disaster or emergency, either directly or through adversely affected family members, and who need additional time off from work without having to use their own paid leave. Employees who are adversely affected and seek to become emergency leave recipients must apply in writing to their agencies. An employee who is unable to do so on their own may apply through a personal representative (5 CFR 630.1105). The ELTP will be in place to assist approved leave recipients as the need for donated annual leave becomes known. Agencies with employees adversely affected by Hurricane Laura are in the best position to determine whether, and how much, donated annual leave is needed by their employees and which of their employees have been adversely affected by the emergency within the meaning of OPM regulations. They are also in the best position to quickly facilitate the transfer of donated annual leave within their agencies. Therefore, OPM is authorizing agency and department heads (or their designees) to do the following: (1) Determine which employees are affected and whether, and how much, donated annual leave they need; (2) Determine the period of time for which donated annual leave may be accepted for distribution to approved leave recipients; (3) As appropriate, approve leave donors and/or leave recipients in their agencies; (4) Facilitate the distribution of donated annual leave from approved leave donors or (with the concurrence of an agency leave bank board) from an agency leave bank to approved leave recipients within their agencies; and (5) Educate adversely affected employees

2 that, dependent on agency policy, they may request advanced annual or sick leave, as appropriate (even if they have available annual and sick leave) or leave without pay, so that they are not forced to use accrued leave before donated annual leave becomes available. This is necessary since donated annual leave may only be substituted retroactively for any period of leave without pay or advanced annual or sick leave used because of the emergency; it may not be retroactively substituted for accrued annual or sick leave used because of the emergency. Agencies are responsible for administering the ELTP for their own affected employees. Therefore, employees who wish to donate annual leave must contact their own agencies, not OPM, to determine if there are any affected employees in their agency and how to donate annual leave to them. Agencies should contact OPM for assistance in receiving additional donated annual leave from other agencies only if they do not receive sufficient amounts of donated annual leave to meet the needs of emergency leave recipients within the agency. Based on the demand for donated leave, OPM will solicit and coordinate the transfer of donated annual leave among Federal agencies. OPM will notify each agency of the cumulative amount of donated annual leave that will be credited to it for transfer to its approved emergency leave recipients. The agency will determine the amount of donated annual leave to be transferred to each emergency leave recipient. Guidance • • • •

Emergency Leave Transfer Program regulations, 5 CFR Part 630, Subpart K at https://www.ecfr.gov/cgi-bin/textidx?SID=cd5d102084cef9fddde61e61ea19dfd5&node=pt5.1.630&rgn=div5#sp5.1.630.k Emergency Leave Transfer Program fact sheet at http://www.opm.gov/policy-dataoversight/pay-leave/leave-administration/fact-sheets/emergency-leave-transfer-program/ Guidance on Multiple Emergency Leave Transfer Programs, CPM 2017-16, November 2, 2017, at https://chcoc.gov/content/guidance-multiple-emergency-leave-transfer-programs The supplementary information to the final 2008 Emergency Leave Transfer Program regulations, at http://www.gpo.gov/fdsys/pkg/FR-2008-11-04/pdf/E8-26220.pdf, provides helpful background information. Hurricane Laura Affected Areas Louisiana • • • • • • DR-4559-LA— https://www.fema.gov/disaster/4559 Disaster Declaration on August 28, 2020 EM-3538-LA— https://www.fema.gov/disaster/3538 Emergency Declaration on August 23, 2020 Incident Period: August 22, 2020, and continuing Designated parishes: entire state Arkansas • EM-3541-AR— https://www.fema.gov/disaster/3541 3 • • • Incident Period: August 26, 2020, and continuing Emergency declared on August 27, 2020 Designated areas: entire state Texas • • • • EM-3540-TX— https://www.fema.gov/disaster/3540 Incident Period: August 23, 2020, and continuing Emergency declared on August 24, 2020 Designated counties: See EM-3540-TX Mississippi • • • • EM-3539-MS— https://www.fema.gov/disaster/3539 Incident Period: August 23, 2020 and continuing Emergency declared on August 23, 2020 Designated counties: See EM-3539-MS Puerto Rico • • • • EM-3537-PR— https://www.fema.gov/disaster/3537 Incident Period: August 21, 2020 and continuing Emergency declared on August 22, 2020 Designated areas: entire commonwealth

Additional Information Agency headquarters-level human resources offices may contact Pay and Leave at OPM at payleave-policy@opm.gov. Because the emergency leave transfer program will be administered by the agencies, employees should contact their servicing agency human resources office for further information on the emergency leave transfer program. cc: Chief Human Capital Officers (CHCOs), Deputy CHCOs, and Human Resources Directors