U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Restoration of Annual Leave

Agencies may restore annual leave that was forfeited because it was in excess of the maximum leave ceilings (i.e., 30, 45, or 90 days) if the leave was forfeited because of an administrative error, exigency of the public business, or sickness of the employee. An agency must restore the annual leave in a separate leave account.

An agency may consider for restoration annual leave that was forfeited due to an exigency of the
public business or sickness of the employee 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.

Time Limit for Using Restored Annual Leave

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.

Restored annual leave that is not used within the established time limits is forfeited with no further right to restoration.  Administrative error may not serve as the basis to extend the time limit within which to use 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.

National Emergency by Reason of Certain Terrorist Attacks

On March 4, 2002, OPM issued final regulations that permit "use or lose" annual leave to be restored to employees whose services are determined to be necessary for the current national emergency.  Such employees are entitled to have their excess annual leave restored without the administrative burden of scheduling and canceling such leave.  In addition, the time limitations for using restored annual leave are suspended for the entire period during which employees' services are determined to be essential for activities associated with the national emergency. At the end of the national emergency, or when the services of the employee no longer are determined to be necessary, a new time limit will be established for using all restored leave available to the employee.

References

5 U.S.C. 6304(d) and (e)
5 CFR 630.305-311

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