a. Project Legislation: The Project legislative authority for employee development is Section 10(b)(8):
There shall be an employee development program under which employees may, in appropriate circumstances, be granted sabbaticals, the terms and conditions of which shall be consistent with those applicable for members of the Senior Executive Service under section 3396 (c) of title 5, United States Code (excluding paragraph (2)(B) thereof).
b. Coverage: The employee development provisions apply to all permanent and temporary employees covered by the Project.
c. Objectives:
- The objective of NIST's Employee Development Program is to develop the competence of employees in their official duties for maximum achievement of Institute goals and objectives.
- The legislation mandates the continuation of an employee development program including, in appropriate circumstances, a sabbatical program.
- The legislation requires that any sabbatical program be consistent with the terms and conditions of the sabbatical program currently applicable to members of the Senior Executive Service.
(1) The model SES sabbatical program is 5 U.S.C. 3396(c), excluding paragraph (2)(13):
(c)(1) The head of an agency may grant a sabbatical to any career appointee for not to exceed 11 months in order to permit the appointee to engage in study or uncompensated work experience which will contribute to the appointee's development and effectiveness. A sabbatical shall not result in loss of, or reduction in, pay, leave to which the career appointee is otherwise entitled, credit for time or service, or performance efficiency rating. The head of the agency may authorize in accordance with chapter 57 of this title such travel expenses (including per diem allowances) as the head of the agency may determine to be essential for the study or experience.
(2) A sabbatical under this subsection may not be granted to any career appointee:
- more than once in any 10-year period;
- not applicable to NIST
- if the appointee is eligible for voluntary retirement with a right to an immediate annuity under section 8336 of this title.
Any period of assignment under section 3373 of this title, relating to assignments of employees to State and local governments, shall not be considered a period of service for the purpose of a sabattical.
(3)(A) Any career appointee in an agency may be granted a sabbatical under this subsection only if the appointed agrees, as a condition of accepting the sabbatical, to serve in the civil service upon the completion of the sabbatical for a period of 2 consecutive years.
(B) Each agreement required under subparagraph (A) of this paragraph shall provide that in the event the career appointee fails to carry out the agreement (except for good and sufficient reason as determined by the head of the agency who granted the sabbatical) the appointee shall be liable to the United States for payment of all expenses (including salary) of the sabbatical. The amount shall be treated as a debt due the United States.
a. Eligibility
- Career appointees only.
- Once in any ten-year period.
- Upon completion of seven years service.
- Rating of Contributor or higher.
- Not eligible for optional retirement prior to or during the program.
- Agree in writing to serve two continuous years after the program.
b. Length
- Minimum: 3 months
- Maximum: 11 months
c. Purpose: The sabbatical must result in a product, service, report, or study that will benefit Government, such as:
- advanced academic teaching, study, or research.
- self-directed (independent) or guided study.
- on-the-job work experience with a public, private, or non-profit organization.
d. Authority: The Chair, PMB, has final authority on granting requests.
e. Return: The employee must return to the same or a similar position.
f. Performance Appraisal:
- The objectives of sabbatical should be included in the performance plan.
- The employee may receive a performance pay increase based on the rating.
- Bonuses for performance on sabbatical are not appropriate.
g. Funding:
- Salary and travel expenses shall be paid by the home unit or OU.
- Reimbursement to NIST by an outside organization for salary and expenses may be accepted.
h. Continuous Service Agreement: Each recipient of a sabbatical must sign a continuous service agreement.