Issued 2016-09-06 by Barack Obama
AI-generated summary explaining what this action does, who it affects, and why it matters
This memorandum directs the U.S. Office of Personnel Management to establish an emergency leave transfer program for federal employees affected by severe storms and historic flooding that hit Louisiana in August 2016. The program allows federal employees in the executive and judicial branches to donate their unused annual leave to coworkers who were impacted by the disaster and need additional time off to recover. The leave can be donated either directly from individual employees or through agency leave banks already established under federal law.
The action specifically helps federal government workers who experienced personal losses from the Louisiana flooding. Many of these same employees were working to support the federal disaster response efforts while simultaneously dealing with their own overwhelming personal losses from the storms. By creating this leave-sharing program, federal employees who need extra time away from work to address flood damage and recovery can receive donated leave from colleagues across different agencies.
This memorandum operates under existing federal law, specifically citing 5 U.S.C. 6391 and 6363, which authorize emergency leave transfer programs and agency leave banks. It directs the Office of Personnel Management to provide additional guidance to agencies on how to administer the program. As a presidential memorandum, it functions as an administrative directive to executive branch agencies, which is a routine tool presidents use to guide agency operations within the bounds of existing law.
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How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on the Emergency Leave Transfer Program for Federal Employees Adversely Affected by the Severe Storms and Flooding in Louisiana") provides direction to executive branch agencies. Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Administration of Barack Obama, 2016 Memorandum on the Emergency Leave Transfer Program for Federal Employees Adversely Affected by the Severe Storms and Flooding in Louisiana September 6, 2016 Memorandum for the Heads of Executive Departments and Agencies Subject: Emergency Leave Transfer Program for Federal Employees Adversely Affected by the Severe Storms and Flooding in Louisiana I am deeply saddened by the devastating losses caused by the severe storms and historic flooding in Louisiana. The Federal Government has mobilized its resources to support Louisiana in response to and recovery from this major disaster. While Federal departments and agencies rally their capabilities to support these efforts, many of those same Federal employees are personally impacted by the storms in Louisiana and are dealing with overwhelming personal losses. To further assist Federal employees and their family members adversely affected by the severe storms and flooding in Louisiana of August 2016, I hereby direct the U.S. Office of Personnel Management (OPM) to establish an emergency leave transfer program, pursuant to 5 U.S.C. 6391. The program will permit employees in the executive and judicial branches, or an agency leave bank established under 5 U.S.C. 6363, to donate unuse