Purpose, Legal Basis, OPM Regulation

Earning Rates for Full-Time Employment

Earning Rates for Part-Time Employment

Eligibility

Maximum Accumulation

Restoration of Forfeited Annual Leave

Creditable Service used in computing Leave

Indebtedness for Unearned Leave

Lump-sum Payment for Annual Leave

Purpose:
Annual leave is provided and used for two general purposes:

1. To allow every employee an annual vacation period of extended leave for rest & recreation; and
2. To provide periods of time off for personal & emergency purposes.

Legal Basis:
5 USC Chapter 63 (parts 6301-6306, 6308-6312)

OPM Regulation:
5 CFR Part 630 (Subpart A through C)

Earning Rates for Full-Time Employment:

• If the employee has less than 3 years service, the employee earns 4 hours per pay period or 13 days per year.
• If the employee has between 3 and 15 years of service, the employee earns 6 hours per pay period and 10 hours in the last pay period or 20 days per year.
• If the employee has 15 years or more of service, the employee earns 8 hours per pay period or26 days per year.
• Maximum Accumulation: 30 days/year

Earning Rates for Part-Time Employment with Established Regular Tour of Duty:

• less than 3 years: Earn1 hour for every 20 hours in pay status
• between 3 and 15 years: Earn 1 hour for every 13 hours in pay status
• 15 years or more: Earn 1 hour for every 10 hours in pay status
• Maximum Accumulation: same as full-time

Eligibility:

Employees who are appointed to positions for more than 90 days earn annual leave.  If an employee's appointment is less than 90 days, the employee does not earn annual leave.  If however, you work for 90 or more days under consecutive appointments without a break in service, you are entitled to be credited for the annual leave earned from the beginning date of your initial appointment.  Example: Summer students who work for less than 90 days during their first appointment do not earn annual leave and should not be approved to use annual leave.  If Jane works on a 60 day appointment this summer and a 60 day appointment during Christmas break, she will begin earning annual leave after the first 30 days of her appointment during Christmas break.

Intermittent employees- employees with no scheduled tour of duty - do not earn annual leave.

Maximum Accumulation

The maximum amount of annual leave that you may accumulate is 240 hours (30 days).  However employees who work abroad may accumulate a maximum of 45 days of annual leave and employees with special tours of duty may be allowed to accumulate a higher amount of annual leave. 

C

If an employee transfers from an agency that allows him/her to maintain an annual leave balance higher than 240-hours, the employee retains the higher balance upon transferring to the Department. The employee's leave balance will be reviewed each year to determine the leave ceiling for the next year. This will continue until the employee's leave balance falls to 240 hours.  For example, a new employee transfers to DOT with a leave ceiling of 540 hours.  The employee's leave balance at the end of the leave year is 480.  The employee's new leave ceiling is 480.  At the end of the next year, the employee has a leave balance of 360 hours.  The employee's leave ceiling will now be set at 360.  This will continue until the employee's leave ceiling is reduced to 240 hours.

Restoration of Forfeited Annual Leave:

P.L. 93-181, allows for the restoration of leave lost through an administrative error, sickness, or exigencies of the public business.  Requests for restoration of annual leave that was forfeited due to an exigency of the public business or sickness of the employee will be considered only if the annual leave was scheduled in writing before the start of the third biweekly pay period prior to the end of the leave year.

An employee must schedule and use restored annual leave not later than the end of the leave year ending 2 years after:

• the date of restoration of the annual leave forfeited because of administrative error;
• the date fixed by the head of the agency or designee as the date of termination of the exigency of the public business; or
• the date the employee is determined to be recovered from illness or injury and able to return to duty.

The Comptroller General has ruled consistently that if restored leave is forfeited again, there is no legal authority for its further restoration. Any restored leave unused at the expiration of the established time limits is again forfeited with no further right to restoration. In addition, administrative error may not serve as the basis to extend the time limit for using restored annual leave. This is so even if the agency fails to establish a separate leave account, fix the date for the expiration of the time limit, or properly advise the employee regarding the rules for using restored annual leave absent agency regulations requiring otherwise. (See Comptroller General opinions B-188993, B-213380, B256975)

Creditable Service used in computing Leave:

• All civilian service that would be creditable for the Civil Service Retirement System or the Federal Employees Retirement System is creditable for annual leave purposes regardless of the kind of appointment on which the employee is serving or whether they are covered by retirement. A period of service is creditable for leave accrual as long as it is potentially creditable for CSRS or FERS purposes.
• Service for which retirement deductions were refunded for civilian service.
•  
• Although refunded FERS service ceases to be creditable for retirement purposes, it remains creditable for leave accrual purposes.
• Temporary service performed after 1/1/89, although not creditable under FERS, is credited toward leave accrual rates.
• Intermittent employees receive credit only for the actual days or hours in pay (or work) status.
• Employees receiving injury compensation will receive credit for the entire period during which the employee was being carried on the agency's rolls in a leave-without-pay status and receiving compensation. If the employee is separated and reemployed after receiving compensation during a period of separation, credit is given for the period of separation during which the employee received compensation.
• Active Duty in a uniformed service may be creditable for leave accrual. The individual's discharge must have been honorable, under honorable conditions, or by transfer to the inactive reserves under honorable conditions. Special rules apply to retired members of the uniformed services and members of the National Guard.

Indebtedness for Unearned Leave:
When an employee separates and is indebted for unearned leave, the agency must requirement payment for the leave and may deduct that amount from any pay due to the employee.  The agency may forgive the indebtedness if separation is due to death or disability.

Lump-sum Payment for Annual Leave:
On separation, an employee is paid a lump sum for unused annual leave. This includes all accumulated annual leave noted by the employee's current balance and any unused restored annual leave maintained in a separate account.