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.
Administrative
Error
The employing agency determines what constitutes
an administrative error.Exigency of the
Public Business
The employing agency determines that an exigency is of
major importance and that excess annual leave
cannot be used.
Sickness
The employing agency determines that the annual leave
was forfeited because of a period of absence
due to an employee's sickness or
injury that occurred late in the leave year or was of
such duration that the excess annual leave could not be
rescheduled for use before the end of the leave
year.
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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.
Y2K Exigency
On August 25, 1999, OPM issued final regulations that permitted Ause
or lose@ annual leave to
be restored to employees who were determined to be necessary
to the Y2K conversion effort. Such employees had their excess
annual leave restored without the administrative burden of
scheduling and canceling such leave. The regulations provide
that annual leave restored because of the Y2K computer conversion
exigency must be scheduled and used not later than the end of leave
year 2002.
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