HRDG 4630 - Absence and Leave - Section B - Subsection e

HRDG 4630 - Absence and Leave - Section B - Subsection e

Subchapter 4630 - Absence and Leave 
Section B - Annual Leave
Subsection e - Restoring Annual Leave


 


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When Forfeited Annual Leave Can Be Restored

Forfeited annual leave may be restored if any one of the following conditions is met:

  • There is an administrative error which causes the loss of annual leave accrual after June 30, 1960. The decision as to whether an administrative errors falls within the context of this authority must be made on a case-by-case basis.
  • There is sickness (or injury or any other medical condition for which paid sick leave would be approved) which prevents the employee from using scheduled annual leave. The annual leave must have been scheduled in writing and approved in writing before the beginning of the third pay period before the end of the leave year. In addition, the period of absence due to the sickness must have occurred at such a time late in the leave year or was of such duration that the annual leave could not be rescheduled for use before the end of the year to avoid forfeiture.
  • There is an exigency of public business (emergency or operational demands outside the normal workload) which prevents an employee from using annual leave, provided the leave was scheduled in writing and approved in writing before the beginning of the third pay period before the end of the leave year. (See Checklist for Requesting Restored Annual Leave, Item B, for additional requirements.)

    Note: The following factors by themselves do not constitute an exigency of public business: heavy workload, expense of detailing or hiring another employee, or having a high percentage of employees on annual leave during the same period.

  • An employee is reinstated after an unwarranted or unjustified personnel action.
When Forfeited Annual Leave Cannot Be Restored
Revised 01/00

Forfeited annual leave cannot be restored if:

  • It does not meet the written prescheduling requirements,
  • It was not canceled in writing by the supervisor,
  • The cancellation was not approved in writing by a higher level supervisor/manager,
  • It could have been rescheduled but the employee did not do so, and/or
  • It was forfeited because compensatory hours were used. This means that throughout the year, employees should deplete use/lose annual leave first, before using any compensatory time.
Employee Responsibilities

When requesting restoration of forfeited annual leave, employees should:

  • Prepare requests in accordance with this section and the checklist (see "Employee Checklist for Requesting Restored Annual Leave" at the end of this section),
  • Forward requests and all supporting documentation through the supervisor and other established administrative channels to the appropriate approving official listed in Section A, and
  • Submit requests as soon as possible after the close of the leave year in which leave was forfeited.
Approving Official Responsibilities

When reviewing requests for restoration of forfeited annual leave, approving officials will, in accordance with guidance of this Section:

  • Review and act on all requests expeditiously;
  • Notify the employee in writing if request is not approved, giving the basis for disapproval;
  • Notify the employee, supervisor, and the servicing personnel office (SPO) if the request is approved by issuing Form AD-582, Authorization for Restored Annual Leave (see "Completion of Form AD-582, Authorization for Restored Annual Leave" at the end of this section"); and
  • Maintain supporting records.


See "Checklist for Reviewing Requests for Restored Annual Leave" at the end of this section. Questions should be referred the leave policy specialist, Employment and Classification Policy Branch, MRPHR.

SPO Responsibilities

The SPO will, upon receipt of the approved AD-582:

  • Expeditiously update the National Finance Center (NFC) data base with the number of hours restored;
  • Notify the timekeeper, providing T&A instructions; and
  • File a copy of the approved AD-582 in the employee's Official Personnel Folder.


Note: Because the restored leave will not be available for use in the NFC data base until after the SPO has updated the system and notified the timekeeper, the timekeeper should take no action to update the employee's time and attendance records until such notification is received.

Time Limit for Using Restored Leave

Unless otherwise specified by the SPO, restored leave must be used by the end of the leave year that is 2 years after one of the following:

  • The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of sickness.

    Example: On 11/07/09, the employee returns to duty after a long illness. Restored annual leave must be used by 12/31/11.
  • The termination date of the exigency of the public business that resulted in forfeiture of the annual leave.

    Example: The exigency of the public business ended on 12/31/10. The restored annual leave must be used by 01/12/13.
  • The date of restoration of the annual leave forfeited because of administrative error.

    Example: Annual leave was restored on 1/04/10 to an employee due to an administrative error. The restored annual leave must be used by 12/31/11.


In the case of an unwarranted personnel action, the employee will be notified by the SPO of the time limit in which restored leave must be used.

 

CHECKLIST FOR REQUESTING RESTORED ANNUAL LEAVE

Employees should follow this checklist when preparing requests for restoration of annual leave forfeited due to exigencies of the public business (operational emergencies) or illness. Incomplete requests will delay action by the approving official. Questions should be referred to the leave policy specialist, Employment and Classification Policy Branch, MRPHR.

A._____

Memo requesting approval for restoration contains:

___ Name, social security number, title, grade, and duty station.

___ Amount of leave forfeited.

___ Date(s) leave was requested, approved, and canceled.

___ Beginning and ending dates of the operational emergency (exigency of the the public business) or illness (as applicable).

___ Details on why the leave could not have been rescheduled and used during the remainder of the leave year.

B._____

Documents supporting the request include:

___ Form(s) SF-71, or equivalent, that:

  • Request approval of annual leave,
  • Are approved by supervisor, and
  • Indicate both a request and approval date before the start of the third pay period before the end of the leave year.


___ Written cancellation of leave by supervisor and concurrence of higher-level management official. The statement should include specific reasons as to why there is no alternative to the cancellation.

___ Medical certificate, or other acceptable medical documentation, as applicable, which clearly indicates the period of incapacitation.

___ Official T&A reports and T&A logs for pay period(s) leave was canceled and for remainder of the leave year.

___ Leave audit for the year leave restoration is being requested.

C._____ Completed package routed through supervisor for concurrence (if not, include explanation).
D._____ Completed package forwarded through established administrative channels to appropriate approving official (see Section A). Submit no earlier than pay period 1.

CHECKLIST FOR REVIEWING REQUESTS FOR RESTORED ANNUAL LEAVE

This checklist is provided as a guide to administrative staffs and/or approving officials for reviewing and acting on requests for restoration of annual leave forfeited due to exigencies of the public business (operational emergencies). Questions should be referred to the leave policy specialist, Employment and Classification Policy Branch, MRPHR.

A._____ Timeliness of request (not earlier than pay period 1 of current leave year).
B._____

Request from employee contains:

___ Name, social security number, title, grade, and duty station.

___ Amount of leave forfeited.

___ Date(s) leave was requested, approved, and canceled.

___ Beginning and ending dates of the exigency (operational emergency).

___ Details on why the leave could not have been rescheduled and used during the remainder of the leave year.

C._____

Supporting documentation contains:

___ Signed documents (SF-71[s] or equivalent) indicating employee's request for and supervisor's approval of annual leave.

___Both signatures must be dated before the beginning of the third pay period before the end of the leave year. (This requirement is based on statute and cannot be waived.)

___Statement signed by supervisor canceling annual leave. Statement includes specific reasons as to why the exigency of the public business (operational emergency) is so important that no alternative exists to the cancellation.

___ Concurrence of the cancellation and the existence of the exigency by a higher level management official. This concurrence may not be made by anyone whose leave would be affected by the decision. (5 CFR 630.305).

___ Official T&A reports and T&A logs for pay period(s) leave was canceled and for remainder of the leave year.

___ Leave audit for the year leave restoration is being requested.

D._____

Action on Request:

___ Submission incomplete. Return to employee and refer him/her to the Human Resources Desk Guide (HRDG) on Absence and Leave for information on making proper application.

___ Request disapproved; does not meet all requirements for restoration of annual leave. Notify employee by letter, providing explanation of disapproval.

___ Request approved. Issue Form AD-582, Authorization for Restored Annual Leave. Follow guidance in HRDG on Absence and Leave, "Completion of Form AD-582."

E._____

Distribution of Approved Form AD-582:

___ Original and Official Personnel Folder copy--send to SPO.

___ Employee copy and Timekeeper copy--return to employee (through supervisor) for distribution.

___ Maintain a xerox copy with the case file for review and reporting purposes.

F._____

Maintenance of Records:

Files must be maintained on all cases reviewed and actions taken under this authority. Such files will include:

___ Original request from employee with all supporting documentation.

___ Record of final disposition (copy of AD-582 if approved; copy of notification to employee if disapproved or returned without action).

Records of approved cases may be purged after the ending date for use of the restored leave, as indicated on Form AD-582.

Records of disapproved cases may be purged 2 years from the final notification date.

COMPLETION OF FORM AD-582, AUTHORIZATION FOR 
RESTORED ANNUAL LEAVE

1.

Fill in employee's name; e.g., Smith, John J.

2.

Agency code: Use the appropriate agency code (AMS-02; APHIS-34; GIPSA-36).

3.

Employing office: 4822

4.

Enter total hours of annual leave approved for restoration.

 

Note: This number cannot exceed the number of hours accrued for the leave year.

5.

Enter employee's Social Security Number. This number will be used by the SPO when entering the restored leave information into the NFC data base.

6.

Circle code 1 (exigency) and enter the total number of restored hours.

7.

Insert "X" in Box 1--New or Additional. If this represents a correction, mark Box 2; if the restored leave is to be deleted from the system, mark Box 3.

8.

Enter beginning date of period during which restored leave may be used. This date must coincide with Item 10, Date Approved; it cannot be before the approval date.

 

Enter ending date of period for use of the restored leave. This date typically will be the end of the leave year following the one in which restoration was approved.

 

Example: Approving official signed Form AD-582 on January 6, 1997. Beginning date restored leave is available to use is January 6, 1997, and the ending date is January 2, 1999 (end of leave year 1998).

 

Example: Approving official signed Form AD-582 on March 24, 1997. Beginning date restored leave is available to use is March 24, 1997, and the ending date is January 2, 1999 (end of leave year 1998).

9.

Note: The ending date is always at the end of 2 leave years following the leave year in which the exigency ended which resulted in forfeiture of annual leave.
Signature of authorizing (approving) official.

10.

Enter current date.

EXAMPLE (PDF)

 


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