Sec. 1111. Pilot programs on career sabbaticals for Department of Defense civilian employees
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Each Secretary of a military department may carry out one or more pilot programs under which civilian employees of the Department of Defense under the jurisdiction of such Secretary are permitted periods of recess of not more than one year from full-time employment by the Department in order to meet personal, familial, or professional needs and return to their full-time civilian employment by the Department at the end of such periods of recess without loss of civil service status or privilege.
The purpose of the pilot programs is to assess whether permitting periods of recess from civilian employment for civilian employees of the Department provides an effective means of enhancing retention of civilian employees of the Department and the capacity of the Department to respond to the personal, familial, and professional needs of individual members of its civilian workforce. A civilian employee of the Department is not eligible to participate in a pilot program under this section during any period of service required of the employee— during the initial probationary period before the appointment of the employee in the competitive service becomes final; or in connection with any recruitment, retention, or relocation bonus, incentive payment, or other additional payment for employment received by the employee pursuant to a provision of title 5 or 10, United States Code, or any other provision of law.
Civilian employees of a military department shall be selected for participation in pilot programs of the military department under this section by the Secretary of the military department in accordance with such procedures as the Secretary of Defense shall establish for purposes of the pilot programs. Not more than 300 civilian employees of each military department may be selected during each of calendar years 2017 through 2022 to participate in pilot programs under this section.
The period of recess from civilian employment by the Department under a pilot program under this section of an employee participating in the pilot program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the employee under subsection (e), except that such period may not exceed one year. Any period of recess of a civilian employee of the Department under a pilot program shall not count as creditable service for purposes of chapter 83 or 84 of title 5, United States Code.
A civilian employee of the Department who undertakes a period of recess from full-time employment under a pilot program shall, at the election of the employee, be treated as an employee in nonpay status during such period of recess for purposes of section 890.303(e) of title 5, Code of Federal Regulations (relating to continuation in enrollment in Federal health benefits plans), as such section is in effect on December 15, 2015, for purposes of the eligibility of the employee and any dependents of the employee for enrollment in a Federal health benefits plan.
A civilian employee of the Department who undertakes a period of recess from full-time employment under a pilot program shall be treated as an employee in nonpay status during such period of recess for purposes of continuation of life insurance under the Federal Employees' Group Life Insurance Program without requirement for employee premium payments under section 870.508(a) of title 5, Code of Federal Regulations, or agency premium payments under section 870.404(c) of title 5, Code of Federal Regulations, as such sections are in effect on December 31, 2015.
Each civilian employee of the Department who participates in a pilot program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement such employee shall agree as follows: To undergo during each period of the recess of such employee from full-time employment by the Department under the pilot program such skills training as the Secretary shall require in order to ensure that such employee retains proficiency, at a level determined by the Secretary to be sufficient, in such employee’s professional qualifications and certifications.
Following completion of a period of the recess of such civilian employee under the pilot program, to serve two months as a civilian employee of the Department on a full-time basis for each month of such period of the recess of such employee under the pilot program. Each employee entering into an agreement under this subsection for purposes of a pilot program shall be notified at the time of entry into the agreement of the obligated service required of the employee as a result of a period of recess from full-time employment by the Department under the pilot program pursuant to paragraph (1)(B).
A civilian employee of the Department who participates in a pilot program under this section shall be eligible for periods of release from full-time employment by the Department under the pilot program in accordance with such terms and conditions as are specified in the agreement of the employee under subsection (e). Such terms and conditions shall conform to guidelines issued by the Secretary of Defense for purposes of the pilot programs under this section. Under guidelines issued by the Secretary of the military department concerned for the purpose of pilots programs of such military department under this section, a civilian employee of the Department who is in a period of recess from full-time employment by the Department under a pilot program may, at the election of Secretary and without the consent of the employee, be required to return to full-time employment by the Department at any time during such period of recess.
The circumstances under which a civilian employee may be required to return to full-time employment pursuant to paragraph (1), and the procedures applicable to requiring such return, shall be specified in guidelines issued by the Secretary of Defense for purposes of the pilot programs. While undertaking a period of recess from full-time employment by the Department under a pilot program under this section, a civilian employee of the Department is not entitled to any pay or allowances otherwise payable to the employee under title 5 or 10, United States Code.
While undertaking a period of recess from employment under a pilot program, an employee may not be paid any special or incentive pay or bonus to which the employee would otherwise entitled under an employment agreement under a provision of title 5 or 10, United States Code, or any other provision of law, that is in force when the employee commences such period of recess. Subject to subparagraph (B), upon the return of an employee to full-time employment by the Department after completion by the employee of a period of recess from employment under a pilot program— any employment agreement entered into by the employee under a provision of law referred to in paragraph
(2)for the payment of a special or incentive pay or bonus that was in force when the employee commenced such period of recess shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the employee commenced such period of recess; and any special or incentive pay or bonus shall be payable to the employee in accordance with the terms of the agreement described in clause
(i)for the term specified in that clause. Subparagraph
(A)shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an employee if, at the time of the return of the employee to full-time employment as described in that subparagraph— such pay or bonus is no longer authorized by law; or the employee does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the employee to full-time employment by the Department. Subparagraph
(A)shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to an employee if, during the term of the revived agreement of the employee under subparagraph (A)(i), such pay or bonus ceases being authorized by law. An employee who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable employment agreement of the employee under a provision of law referred to in paragraph (2). Any service required of an employee under an agreement covered by this paragraph after the employee returns to full-time employment by the Department as described in subparagraph
(A)shall be in addition to any service required of the employee under an agreement under subsection (e). Not later than June 1, 2018, each Secretary of a military department shall submit to the congressional defense committees a report on the implementation and current status of the pilot programs carried out by such Secretary under this section. Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs carried out under this section. The interim reports under paragraph
(1)and the final report under paragraph
(2)shall include the following: A description of each pilot program covered by such report, including a description of the number of applicants for participation in such pilot program and the criteria used to select applicants for participation in such pilot program. An assessment by the Secretary submitting such report of the pilot programs covered by such report, including an evaluation of the following: Whether the authorities of this section provided an effective means of enhancing the retention of civilian employees of the Department possessing critical skills, talents, and leadership abilities. Whether the career progression in the Department of civilian employees who participated in the pilot programs has been or will be adversely affected. Whether the pilot programs were useful in responding to the personal, familial, and professional needs of individual civilian employees of the Department. Such recommendations for legislative or administrative action as the Secretary submitting such report considers appropriate for the modification or continuation of the pilot programs covered by such report. The authority to carry out a pilot program under this section shall commence on January 1, 2017. No civilian employee of the Department may be granted a period of recess from full-time employment by the Department under a pilot program under this section after December 31, 2022.