**HOURS OF DUTY AND LEAVE**

**1. REASON FOR ISSUE:** To revise Department of Veterans Affairs (VA)
procedures regarding hours of duty and leave.

**2. SUMMARY OF CONTENTS/MAJOR CHANGES:** This handbook sets forth
mandatory procedures previously contained in numerous other issuances.
The pages in this transmittal replace the corresponding pages in VA
Handbook 5011. This change establishes policy and criteria under which
newly appointed or reappointed employees may receive service credit for
annual leave accrual, in accordance with the Federal Workforce
Flexibility Act of 2004 (Public Law 108-411). The granting of this
provision is based on prior non-Federal work experience or experience in
a branch of uniformed military service, during which the employee
performed duties and responsibilities that are related to the duties and
responsibilities of the position to which they are being appointed. This
change will be incorporated into the electronic version of the VA
Handbook 5011 that is maintained on the [Office of Human Resources
Management and Labor Relations Web site](http://vaww1.va.gov/ohrm).

**3. RESPONSIBLE OFFICE:** The Human Resources Management Worklife and
Benefits Service (058), Office of the Deputy Assistant Secretary for
Human Resources and Labor Relations.

**4. RELATED DIRECTIVE:** VA Directive 5011, Hours of Duty and Leave.

5.  **RESCISSIONS:** None

**CERTIFIED BY: BY DIRECTION OF THE SECRETARY**

**OF VETERANS AFFAIRS:**

/s/Robert N. McFarland /s/R. Allen Pittman

Assistant Secretary for Assistant Secretary for

Information and Technology Human Resources and Administration

ELECTRONIC DISTRIBUTION ONLY

## **CONTENTS**

**PARAGRAPH PAGE**

**CHAPTER 3. TITLE 38 LEAVE PROGRAM - Continued**

5\. [SICK LEAVE](http://vaww1.va.gov/ohrm) III-51

6\. [ACCRUALS OF ANNUAL AND SICK LEAVE](#PtIIICh3para6) III-56

7\. [OTHER LEAVE](#PtIIICh3para7) III-60

8\. [RELIGIOUS, STATE AND LOCAL HOLIDAYS](#PtIIICh3para8) III-61

9\. [AUTHORIZED ABSENCE](#PtIIICh3para9) III-61

10\. [LEAVE WITHOUT PAY (LWOP)](#PtIIICh3para10) III-65

11\. [UNAUTHORIZED ABSENCE](#PtIIICh3para11) III-68

12\. [DISPOSITION OF LEAVE ON TRANSFER, SEPARATION, OR
RETIREMENT](#PtIIICh3para12) III-68

13\. [DUTY AND LEAVE FOR RESIDENTS](#PtIIICh3para13) III-71

**APPENDICES**

III-A. [SAMPLE SICK LEAVE QUESTIONS AND ANSWERS](#AppIIIA) III-A-1

III-B. [SAMPLE MEMORANDUM TO ALL EMPLOYEES---VOLUNTARY\
LEAVE TRANSFER PROGRAM](#AppIIIB) III-B-1

III-C. [SAMPLE APPLICATION MEMORANDUM---VOLUNTARY LEAVE\
TRANSFER PROGRAM](#AppIIIC) III-C-1

III-D. [SAMPLE MEMORANDUM TO APPROVED LEAVE RECIPIENT\--\
VOLUNTARY LEAVE TRANSFER PROGRAM](#AppIIID) III-D-1

III-E. [SAMPLE MEMORANDUM OF DISAPPROVAL AS LEAVE RECIPIENT\--\
VOLUNTARY LEAVE TRANSFER PROGRAM](#AppIIIE) III-E-1

III-F. [SAMPLE MEMORANDUM FOR RESTORATION OF LEAVE\--\
VOLUNTARY LEAVE TRANSFER PROGRAM](#AppIIIF) III-F-1

\[III-G. [SAMPLE ANNUAL LEAVE ACCRUAL RATE TABLE WITH
EXAMPLES](#PtIIIappG) III-G-1

III-H. [SAMPLE VA FORM 0869 FOR VERIFICATION OF CREDITABLE SERVICE
FOR](#PtIIIappH)

> [NON-FEDERALWORK EXPERIENCE OR ACTIVE DUTY UNIFORMED
> MILITARY](#PtIIIappH)

[SERVICE](#PtIIIappH) III-H-1\]

a 60-hour schedule, etc.) should have their leave balances converted
through use of the following conversion formulas:

[a]{.underline}. (number of hours in leave balance) x 72 ÷ 40 (when
change is from 40-hour workweek to 72-hour workweek);

[b]{.underline}. (number of hours in leave balance) x 40 ÷ 72 (when
change is from 72-hour workweek to regular 40-hour work week);

[c]{.underline}. (number of hours in leave balance) x 72 ÷ 60 (when
change is from 60-hour workweek to 72-hour workweek);

[d]{.underline}. (number of hours in leave balance) x 60 ÷ 72 (when
change is from 72-hour workweek to 60-hour workweek).

f\. \[**Creditable Service for** **Annual Leave Accrual for Newly
Appointed Employees with Prior Non-Federal Work Experience or Active
Duty Uniformed Military Service**

\(1\) **General.** Under Chapter 63 of title 5, United States Code, the
Department of Veterans Affairs may grant service credit for newly
appointed or reappointed employees for prior non-Federal work experience
or experience in a uniformed service that otherwise would not be
creditable for the purpose of determining an employee's annual leave
accrual rate. This authority should be used when it is determined that
the skills and experience the employee possesses are (1) essential to
the new position and were acquired through performance in a non-Federal
position or in the uniformed services having duties that directly relate
to the duties of the position to which he or she is being appointed;
[and]{.underline} (2) that the use of this authority is necessary to
achieve an important agency mission or performance goal. This authority
is intended as a recruitment tool for attracting highly qualified
individuals with exceptional skills and experiences. The offer of
creditable service for annual leave accrual is not an entitlement.

\(2\) **Eligibility.** This provision applies only to:

\(a\) Newly appointed employees with previous non-Federal experience,
employees who are reappointed following a break in service of at least
90 calendar days from the date of their last period of Federal civilian
employment, and retired military employees who performed active duty
uniformed service for which they did not receive service credit towards
annual leave accrual.

\(b\) The skills and experience the employee possesses, which were
acquired through performance in a non-Federal position or in the
uniformed service, are essential to the new position having duties that
are directly related to the position to which he or she is being
appointed; and the use of this authority is necessary to achieve an
important agency mission or performance goal.

\(3\) **Procedures for Granting Service Credit.** An employee must
submit written documentation of his/her prior non-Federal or uniformed
service in order to receive credit under this authority.

\(a\) The following statement must be included in the Vacancy
Announcement: "Selected applicants may qualify for credit toward annual
leave accrual, based on prior non-Federal or military service
experience."

\(b\) Upon selection of the candidate from the list of best qualified
applicants, if applicable, the selecting official will determine the
amount of creditable service for annual leave accrual. The amount of
service credited may not exceed the actual amount of service during
which the employee performed the duties that are directly related to the
position in which the employee is being appointed. This amount of
creditable service must be specified in years and months on VA Form 0869
(See sample form in Appendix H). The A*nnual Leave Accrual Rate Table
with Examples* found in Appendix G illustrates how years of experience
will determine the employee's annual leave accrual category.

\(c\) An Employee must submit written documentation of his/her prior
non-Federal or uniformed service in order to receive credit under this
authority. Examples of acceptable documentation are: (a) a resume
listing the beginning and ending dates of positions held and a
description of the duties and responsibilities; (b) a completed and
signed Optional Form 612, *Application for Federal Employment*; or (c)
the document containing the required information. Retired military
employees, who performed active duty uniformed service for which they
were not awarded creditable service, must submit written documentation
such as a Form DD 214 to receive credit for honorable active duty
uniformed military service.

\(d\) In order to receive credit for annual leave accrual, applicants
who have been determined to possess specialized work experience will be
required to certify by signing the completed VA Form 0869 along with
written documentation of the employee's qualifying non-Federal civilian
or military service, [prior to]{.underline} the employee's entrance on
duty (EOD) date.

\(e\) Credit for non-Federal service or active duty uniformed service
must be approved before the appointee's EOD date.

\(f\) Credit for non-Federal service or active duty uniformed service is
granted to the employee upon the effective date of his or her initial
appointment or reappointment to Federal service.

\(g\) Once the selecting official has completed the determination of
creditable service, VA Form 0869 will be submitted to the Approving
Official for action (see section (4) Approval Authority).

\(h\) After approval, the Human Resources Manager is responsible for
reviewing all documentation submitted, including information provided on
VA Form 0869, to ensure compliance with all requirements prior to
granting the service credit.

\(i\) After all signatures on VA Form 0869 have been obtained, the form
is permanently filed in the employee's Official Personnel Folder (OPF).

\(4\) **Approval Authority**

\(a\) In accordance with the Inspector General Act of 1978, the
Inspector General has independent authority to approve/disapprove
requests within the Office of Inspector General.

\(b\) Under Secretaries, Assistant Secretaries, Other Key Official or
their designees are responsible for approving/disapproving requests in
VA Central Office.

\(c\) Facility Directors are responsible for approving/disapproving
requests for employees under their jurisdiction.

\(d\) The Deputy Assistant Secretary for Human Resources Management and
Labor Relations will advise management and operating officials on the
policies and procedures in this chapter.

\(e\) Selecting officials are responsible for determining the amount of
creditable service for annual leave accrual.

\(5\) **Restrictions.** An employee may not receive dual credit for
service. Once an employee is permanently credited with a period of
non-Federal service or active duty uniformed service (after completion
of one full continuous year of service with the appointing agency), that
period of service may not be considered for further credit if the
employee has a future break in service.

\(6\) **Retention of Creditable Service.** Once an employee completes
one full year of continuous service with the Department of Veterans
Affairs (VA), the period for which he/she was previously granted service
credit becomes permanent and is creditable for the purpose of
determining the employee's annual leave accrual rate.

\(7\) **Withdrawal of Service Credit**

\(a\) If an employee separates from Federal service prior to completing
one full year of continuous service with the VA, the employee is not
entitled to retain service credit for prior non-federal service or
active duty uniformed service. However, any annual leave accrued or
accumulated by an employee remains to the credit of the employee, even
if he or she fails to complete one full year of continuous service with
the Department of Veterans Affairs. In the case of a separation from
Federal service, the employee is entitled to a lump-sum payment for any
unused portion of annual leave accrued.

\(b\) If the employee transfers to another agency before completing one
full year of service, the employee loses his/her entitlement to service
credit, and the losing agency, is required to deduct the additional
service credit from the employee's total creditable service prior to the
transfer. A new service computation date (SCD) for leave must be
established before the employee transfers. VA must transfer the annual
leave \`balance to the new employing agency under 5 CFR 630.501, if the
employee is transferring to a position to which annual leave may be
transferred. Any annual leave accrued or accumulated by an employee
remains to the credit of the employee

g.\] **Unscheduled Leave.** An employee who finds it necessary to be
absent without having received prior approval shall request leave as
early as practicable. To the extent possible, this should be done at the
beginning of the tour of duty, but not later than 2 hours thereafter.
For the same period of absence, daily reports will not be required.
However, employees who are absent for more than 1 day on unscheduled
leave may be requested to estimate the probable date of return to duty.
Also, employees who are shift workers may be required to call their
supervisor before returning to duty to facilitate the scheduling of all
affected employees.

**3. ANNUAL LEAVE**

a\. **Annual Leave Requests.** All requests for annual leave should be
made in advance. Short periods of annual leave (3 days or less) may be
approved verbally. Longer periods must be requested and approved on the
Enhanced Time and Attendance (ETA) or other electronic system. There is
no authority to approve annual leave from which the employee will not be
returning to duty, unless such approval meets the needs of the service
(34 Comp. Gen. 61). Requests for annual leave and leave without pay
(LWOP) will be considered in the light of current and anticipated
workloads. Employees should be encouraged to take annual leave for at
least 2 consecutive weeks each year for purposes of rest and relaxation;
and afforded the opportunity to use their annual leave to avoid leave
forfeitures

b\. **Leave for Alien Employees.** Under the discretionary provisions of
5 U.S.C. 6310, and by virtue of VA administrative action, alien
employees who occupy positions outside the United States may be granted
a

leave of absence with pay, not in excess of the amount of annual and
sick leave allowable to citizen employees.

c\. **Advanced Leave.** Annual leave may be advanced only in an amount
that can be earned by the end of the leave year in which it is granted.
When an employee is serving under an appointment which will expire
before the end of the leave year, annual leave may be advanced up to the
amount the employee would otherwise earn during the term of the
appointment.

d\. **Annual Leave in Proximity to Overtime.** Any request for annual
leave in proximity to overtime by the same employee will be scrutinized
to assure that the granting of annual leave is in the interest of good
administrative practice.

e\. **Administrative Authority To Cancel Previously Approved Annual
Leave.** The taking of annual leave is an absolute right of the employee
subject to the right of the head of the department or establishment
concerned to fix the time at which leave may taken (30 Comp. Gen. 611,
citing 16 Comp. Gen. 481). In an unusual or emergency situation,
previously approved annual leave may be canceled and the employee
directed to return to duty. Generally, the authority to cancel leave
will not be exercised unless there is an urgent unforeseen circumstance
and it is feasible for the employee to return to duty. If an employee
refuses to return to work when leave is canceled, the absence may be
charged to absence without leave (AWOL). (5 U.S.C. 6302(d); 39 Comp.
Gen. 611, citing 16 Comp. Gen. 481.)

f\. **Administrative Approval for Restoration of Annual Leave.**
Administration Heads, Assistant Secretaries, Other Key Officials, and
Deputy Assistant Secretaries and facility heads are authorized to

[]{#PtIIIappG .anchor}\[**APPENDIX G**

**ANNUAL LEAVE ACCRUAL RATE TABLE WITH EXAMPLES**

  ------------------ ----------------- ----------------- -----------------
                     **CATEGORY I**    **CATEGORY II**   **CATEGORY III**

  **Employee Type**  **Accrual Rates   **Accrual Rates   **Accrual Rates
                     for 1 to Less     for 3 Years to    for 15 or More
                     Than 3 Years of   Less Than 15      Years of
                     Service**         years of          Service**
                                       Service**         

  Full-time Title 5  4 hours per pay   6 hours per pay   8 hours (1 day)
  Employees          period            period            per pay period
  ------------------ ----------------- ----------------- -----------------

The examples given below illustrate the application of credit awarded
for non-Federal or military service. In addition to establishing proof
of eligibility there must be proof that the granting of such a credit is
necessary in order to achieve an agency mission or performance goal.

[EXAMPLE 1]{.underline}

A newly appointed IT Specialist enters Federal service with a total of 4
years of experience in the IT field. According to her resume and
information submitted on the Verification Form, she was Acting Help Desk
Technician for two of those years. Out of the four years, she is granted
2 years of creditable service because the duties and responsibilities of
that position are directly related to those in the new position. The
employee is initially placed in Leave Category I and earns 4 hours of
annual leave per pay period. Subsequently, upon completion of one
additional year, she will advance to Leave Category II and will earn 6
hours per pay period.

*Note: In one year, her prior two years of experience (2 years + 1 year
= 3 years) will advance her to Leave Category II.*

[EXAMPLE 2]{.underline}

An employee, who has worked as an accountant for "ABC Company," for 12
years, is appointed as an accountant in the Federal Government. Instead
of the accountant accruing annual leave at the rate of 4 hours per pay
period as a new employee, his 12 years of experience as an accountant
will be approved as creditable service, thus allowing him to begin
accruing annual leave at a rate of 6 hours per pay period under Leave
Category II.

*Note:* *In three years, his prior 12 years of experience (12 Years + 3
Years = 15 years) will advance him to Leave Category III.*

[EXAMPLE 3]{.underline}

A military retiree with an honorable discharge and who served in an
active duty, uniformed service for 27 years, has been appointed to the
position of Employee Relations Manager. He was an HR Specialist for 10
years and an HR Lead Specialist in Employee Relations for 17 years. The
Selecting Official at the facility, where he has applied for the
position, has certified that the military retiree has 15 years and 5
months of credible service. He will be placed in leave Category III and
will accrue 8 hours of annual leave each pay period.

N*ote: Even though he is newly appointed to Federal Service, the credit
he receives for his prior military service places him in Leave Category
III.*

[]{#PtIIIappH .anchor}![](media/image1.png){width="7.492361111111111in"
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