02 JUN 2009
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Restoration of Annual Leave - Delegation of Authority to Approve Exigencies
Title 5, United States Code, Section 6304(d)
Title 5, Code of Federal Regulations (CFR), Part 630
DoD 1400.25-M, Civilian Personnel Manual, SC630.4
In accordance with references 1a and 1b, the restoration of forfeited annual leave is permissible when an employee was prevented by exigent circumstances from using scheduled leave. In order to restore annual leave due to an exigency, the determination must be made that the exigency is of major importance and that therefore annual leave may not be used by employees to avoid forfeiture.
I hereby delegate to the Commanders of the Army Commands, the Commanders of the Army Service Component Commands, the Commanders/Superintendent of the Direct Reporting Units, and the Administrative Assistant to the Secretary of the Army (AASA), the authority to determine, under 5 CFR §630.305, that an exigency is of such importance that it prevents the use by their employees of annual leave subject to forfeiture. For purposes of this delegation, the Principal Officials of the Headquarters, Department of the Army, their staffs and other elements, Field Operating Agencies, Staff Support Agencies and those Direct Reporting Units not covered above (to include the U.S. Army Acquisition Support Center), fall under the purview of the AASA.
This authority may be further delegated in writing to supervisors and managers.
Those who approve exigencies are responsible for establishing termination dates for the exigencies as required under 5 CFR §630.306(a)(2).
This authority must be exercised in accordance with applicable laws, policies and regulations and may not be exercised by any official whose leave would be affected by the decision.
This authority expires three years from the date of this delegation unless revoked or superseded sooner. To the extent this memorandum impacts bargaining unit employees' conditions of employment; activities are reminded to satisfy any applicable labor relations obligations prior to implementation.
This memorandum supersedes Deputy Assistant Secretary of the Army (Civilian Personnel Policy) memorandum, Subject: Restoration of Annual Leave, dated
7 December 2001.
Point of contact for this action is Mr. Richard Leviner, Office of the Assistant G-1 for Civilian Personnel at (703) 325-0352 or Richard.Leviner@us.army.mil.
// signed //
THOMAS R. LAMONT
Assistant Secretary of the Army
(Manpower and Reserve Affairs)
ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY
U.S. ARMY FORCES COMMAND
U.S. ARMY TRAINING AND DOCTRINE COMMAND
U.S. ARMY MATERIAL COMMAND
U.S. ARMY EUROPE
U.S. ARMY CENTRAL
U.S. ARMY NORTH
U.S. ARMY SOUTH
U.S. ARMY PACIFIC
U.S. ARMY SPECIAL OPERATIONS COMMAND
MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
U.S. ARMY SPACE AND MISSILE DEFENSE COMMAND/ARMY STRATEGIC
U.S. ARMY NETWORK AND ENTERPRISE TECHNOLOGY COMMAND/9TH SIGNAL
U.S. ARMY MEDICAL COMMAND
U.S. ARMY INTELLIGENCE AND SECURITY COMMAND
U.S. ARMY CRIMINAL INVESTIGATION COMMAND
U.S. ARMY CORPS OF ENGINEERS
U.S. ARMY MILITARY DISTRICT OF WASHINGTON
U.S. ARMY TEST AND EVALUATION COMMAND
U.S. ARMY RESERVE COMMAND
U.S. ARMY INSTALLATION MANAGEMENT COMMAND
SUPERINTENDENT, U.S. MILITARY ACADEMY
DIRECTOR, CIVILIAN HUMAN RESOURCES AGENCY
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
OFFICE, ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE
AFFAIRS), ATTN: SAMR-PO (MS. WARD)
OFFICE OF THE GENERAL COUNSEL, ATTN: SAGC (MS. JOHNSON)
OFFICE OF THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (MS. NUGENT)