ICE Directive 1004.1, Directive: 1004.1 Creditable Service for Annual Leave Accrual

1 : tI 1 • ► I 1 • d: i • • • s • I I ► ► 1 /1 1 r, t • 2,1. Federal Workforce Flexibility Act, § 202(a), title 5 United States Code (U.S.C.) § 6303 (2004). 2.2. Title 5 Code of Federal Regulations Part 630.205(c).

1 r r • t . / 1 •r r r , D r 1 1► 1 • • . ~ , ,r Is IIw Creditable Service for Annual Leave Accrual REL0000021289 2 i , , 1i / 1 f , • • i 1 i 1 ♦: r • r ` • 1 l i' i ••. . 1 1 i .: 1 1 r i i • •• . ~ ' Ii • • 1 • t' ♦ i • 1 • M r+ 5.2. Annual Leave Accrual Rates: See the following chart. • • o r • •r' r •+ t 1 . r• 1 LJ t • •+ '1 r • r • Creditable Service for Annual Leave Accrual REL0000021289 5.4. The Principal Headquarters Officers (PHOs) are the Assistant Secretary, Deputy Assistant Secretaries, Program Office Directors, the Principal Legal Advisor, Deputy Directors, Assistant Directors, and Deputy Assistant Directors.

5.5. Uniformed service positions include those in the following: 1) United States (U.S.) Army, Navy, Marine Corps, Air Force, or Coast Guard.; •. 1 5.6. Creditable Service.

In general, any service for which credit is allowed for the purpose of determining annual leave accrual rates. For purposes of this Directive, the work experience must be directly related to the duties of the position. • ♦- 1 1 ! ! ♦' II I ,► ! ♦! ! f / ► 14. ♦ 1 1 1 ►~ 1 i IJiJ3 ► ii ti ► r s ; :; r r s •► r • III l r: 1 1 ! • ! ,1 7.2. Principal Headquarters Officers and Principal Field Officers are responsible for recommending service credit under this program based on the guidance contained in this Directive. f /' • 1 -1 1 Creditable Service for Annual Leave Accrual REL0000021289 4 1) A newly appointed employee with skills and experience essential to the position that were acquired through performance in a non-Federal position having duties that directly relate to the position to which the individual will be appointed; 2) A retired member of the uniformed service with skills and experience essential to the position that were acquired through performance in the uniformed service that directly relate to the position to which the individual will be appointed; or • • • i 1'• : ` • • Its' This Directive does not apply to current Federal employees hired before April 28, 2005. It does not apply to re-employment of annuitants.

8,2. This authority may be used for appointments meeting the above criteria regardless of series or grade. !' • 's1 4 fl ' • l / ! i M i Creditable Service for Annual Leave Accrual REL0000021289 8.4. Non-Federal service or otherwise non-creditable active duty uniformed service is creditable only for the purposes of determining an employee's annual leave accrual rate. 8.5.

Effective Date for Receiving Credit for Non-Federal or Uniformed Service. 1 • • r , • . i r• 1 1 : r a r.:•. • • rl• 1• 1 :1 1 ~ r • • i •. 1 1' •I • • "f .1 r • r • rs •' 1 s • 1 • r1f a) Any annual leave accrued or accumulated by an employee as a result of receiving credit for service under this authority will be transferred as part of the annual leave balance to the new employing agency if the employee is transferring to a position to which annual leave may be transferred. - 1 •' ' = 11 • •- • 8.6. The granting of service credit for annual leave accrual affects only the SCD-Leave.

It has no effect on any other service computation dates, e.g., retirement. 8.7. Selecting officials or prospective supervisors wishing to request additional service credit for a prospective new hire must prepare and submit a memorandum through their respective PFO or PHO to the Director, OHC. The supervisor will coordinate with OHC to prepare the request.

Each request must include: 1) A completed "ICE Creditable Service for Annual Leave Accrual" form signed by the PHO, PFO, or designee. J j'! F lUrs)sisJ 1♦ r• • • E 1 •' r ! 1 r i ' • i r r r r•:i • • r • : Creditable Service for Annual Leave Accrual REL0000021289 6 documentation from the military services to receive credit for active duty uniformed service. .': a • 1 1 1 s • a • 1 1 s a • 1 • a `a a • a • /, f • a) Inadequate numbers of qualified applicants in the local commuting area; b) High turnover and low retention rates; c) Minimal results from repeated advertisements (vacancy announcements); d) Documentation of inadequate numbers of qualified applicants; e) Low acceptance rates; and/or f) I-ugh turnover in similar positions.

8.8. The Director 01-IC will forward an approved request to the Assistant Secretary for a final decision unless that authority has been delegated to the Director OHC. a• 1 •1 ' 1 t • 1' a 1• • • a''• s s 1; .• • a 1i •' • • a 1 a . 1 • • 1 a1 • ♦ '1 1I : ` s ♦ • •' 1 i 1 •.• 1 ' ss ~ .ss 1 -a •- -~ a • • - is ' 1. ••1 a .f.1 ' 1. 1'.

8.11. If the employee separates from ICE or transfers to another Federal agency prior to completing one full year of continuous service, the employee is not entitled to retain the additional service credit. ICE must subtract the additional service credit from the employee's total creditable service, and a new service computation date for leave must be established before the employee separates or transfers to the new agency. •- s • ♦ • a 1 s . • a 1, ♦ • 1 s a 1 • s s ► s,. a a s • • a s a Creditable Service for Annual Leave Accrual REL0000021289 a S_ : •' • , ATTACHM.ENT. ICE Creditable Service for Annual Leave Accrual Form. • • i • • 1•' • r. i s. 1 i" Approved r' L, Myers J Assistant Secretary U.S. Immigration and Customs Enforcement Creditable Service for Annual Leave Accrual REL0000021289 U.S. Immigration and Customs Enforcement CreditableService for , nnu l Leave Accrual Applicant's Name: Program Office and Component: Position Title, Series and Grade: Date of Hire: Brief Description of the Position: Authority: Section (202) a of the Federal Workforce Flexibility Act of 2004 (Public Law 108-411, October 20, 2004) amends 5 U.S.C. 6303 to provide an employee who is covered by the Federal annual and sick leave program established under chapter 63 of title 5 U.S.C. to receive credit for prior non-Federal work experience or experience in a uniformed service that otherwise would not be creditable for the purpose of determining his or her annual leave accrual rate.

An employee may receive credit if the non-Federal experience is essential to the new position and was obtained in a position having duties that directly relate to the duties of the ICE position to which the employee is being appointed and if it is determined by the agency that the use of this authority is necessary in order to achieve an important agency mission or performance goal. The following non-Federal experience or otherwise non-creditable uniform experience is directly related to the duties of the position. This request is being submitted for consideration for an adjustment to the annual leave accrual rate. Applicant`s si nature Employer: Title: Date Recommending PRO's or PFO's Signature From (Month, Yr): -.-------------------------- To (Month, Yr): Description of Related Duties: Date Creditable Service Com leted b Hit Employer ---------- - Title: From (Month, Yr): -------------- To (Month, Yr): Description of Related Duties: Creditable Service Corm feted by_tfR Yrs: Mo: REL0000021289 Employer: Title: From (Month, Yr): To (Month, Yr): Description of Related Duties: Employer: Title: From (Month, Yr): To (Month, Yr): Description of Related Duties: Employer: Title: From (Month, Yr): To (Month, Yr): Description of Related Duties: Creditable Service Com leted b HR Yrs: Mo: Creditable Service by HR Cora leted Yrs: Mo: Creditable Service Com leted by HR Yrs: Mo: Agency Certification: I certify that the information on this form accurately reflects verified information contained in the application records in the custody of this agency and that the non-federal service reflected is creditable in determining the employee's annual leave accrual rate.

Total Recommended Leave Accrual Service: Years: Months: Human Resources Specialist Agency Decision: Approved q Not Approved Director, Office of Human Capital Date Date REL0000021289