Department of Veterans Affairs

Washington, DC

Worklife and Benefits Service (058)

FLYER

Please provide your local payroll office a copy of this flyer.

Leave 05-46

November 29, 2005

### 

### TO: Chief, HRMS

######## SUBJ: Emergency Leave Transfer Program for Employees Affected by 

########  Hurricane Katrina

This flyer announces the issuance of the Office of Personnel
Management's (OPM) memorandum authorizing the establishment of an
Emergency Leave Transfer Program for all employees who have been
adversely affected by Hurricane Katrina. This OPM memorandum is
available at <http://www.opm.gov/oca/compmemo/2005/2005-17.asp>.

Please note that the Emergency Leave Transfer Program will become
effective at the end of the period of excused absence for all affected
employees.

For the purpose of administering the Emergency Leave Transfer Program,
affected persons are described as those employees who live in the Gulf
Coast Area and who are temporarily displaced or evacuated as a result of
severe flooding, damage to or loss of their homes of loss of their jobs.

VA facilities are advised to set up their own individual Emergency Leave
Transfer Programs for this purpose which will include, developing a
solicitation letter, processing and maintaining documentation until a
transfer of leave becomes necessary. Facilities will maintain pertinent
information of leave donors and recipients and will be responsible for
approving requests for emergency leave in accordance with 5 U.S.C. 6391
and 5 CFR 630.902.

In addition, facilities are required to:

-   Determine the amount of leave needed by affected employees; and

-   Facilitate the distribution of donated annual leave.

To facilitate the transfer of donated leave under the Emergency Leave
Transfer Program, employees should use the following forms:

  -------- -------------------------------------------------------- -----------------------------------------------------
  OPM 1637 Application to Become a Leave Recipient Under the        ![](media/image1.jpeg){width="0.3854166666666667in"
           Emergency Leave Transfer Program                         height="0.3229166666666667in"}

  OPM 1638 Request to Donate Annual Leave Under the Emergency Leave ![](media/image1.jpeg){width="0.3854166666666667in"
           Transfer Program                                         height="0.3229166666666667in"}

  OPM 1639 Transfer of Donated Annual Leave To/From the Emergency   ![](media/image1.jpeg){width="0.3854166666666667in"
           Leave Transfer Program                                   height="0.3229166666666667in"}
  -------- -------------------------------------------------------- -----------------------------------------------------

To further assist facilities in matching leave donors with leave
recipients, VA Central Office, Worklife and Benefits Service (058) will
serve as a central repository for leave donation information and
requests. The following information should be forwarded to a separate
Worklife and Benefits Service mailbox, **VA Emergency Leave Transfer
2005** via outlook:

-   Facility name and number;

-   List of Points of Contact at each facility; and

-   Total number of hours donated.

Employees who are facing "use or lose" leave situations for the current
leave year must be advised to make their donations before the end of the
leave year (January 7, 2006).

The Emergency Leave Transfer Program is separate from the Federal Leave
Sharing Program. Under the Emergency Leave Transfer Program, the use of
donated leave is not restricted to medical emergencies, and approved
leave recipients are not required to exhaust their own accrued annual
and sick leave before using donated annual leave.

Employees may use leave donated under the Emergency Leave Transfer
Program for personal needs or to care for a family member who is
affected by the hurricane. In addition, donated leave may be substituted
retroactively, beginning no earlier than the date of the emergency
(August 29, 2005), for any period of leave without pay used as a result
of the emergency or to liquidate an indebtedness incurred by an employee
for advanced annual or sick leave used as a result of the emergency.

Accompanying this flyer are the following documents for Human Resources
offices to use as necessary:

-   ***Questions and Answers on the Emergency Leave Transfer Program***

-   ***Important Notice Concerning the Emergency Leave Transfer Program
    for Employees Affected by Hurricane Katrina and its Aftermath***

If you have questions regarding this flyer, you may email or call
Matilda Bruno-Gaston at (202) 273-5938, Katie McCullough-Bradshaw at
(202) 273-9836, Francene Shelton at (202) 273-4943 or Willie Swailes at
(202) 273-9036.

**Office of Human Resources and Administration**

**Office of Human Resources Management and Labor Relations**

> **Department of Veterans Affairs**
>
> **Worklife and Benefits Service (058)**
>
> **November 2005**
>
> **\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--**
>
> **Emergency Leave Transfer Program**
>
> **Questions and Answers**

**Q-1. How is the Emergency Leave Transfer Program different from the
Voluntary Leave Transfer Program?**

**A-1**. A separate law was enacted to establish the Emergency Leave
Transfer Program. The Emergency Leave Transfer Program permits an
employee to donate annual leave to other employees who have been
adversely affected by disasters or emergencies such as floods,
hurricanes, earthquakes and other situations declared major disasters by
the President. The Voluntary Leave Transfer Program allows employees to
donate annual leave which is then transferred to other Federal employees
who are experiencing a medical emergency and who have exhausted their
annual and sick leave.

**Q-2.** **Since the President declared the effect of Hurricane Katrina
as a "National Disaster", are Federal employees required to donate leave
to other Federal employees who work at agencies adversely impacted by
the disaster or emergency?**

**A-2.** No, Federal employees are not required to donate their annual
leave to other Federal employees. Participation in the Emergency Leave
Transfer Program is strictly voluntary. Regulations provide that an
employee may not directly or indirectly intimidate, threaten, coerce, or
attempt to intimidate, any other employee for the purpose of interfering
with any rights an employee may have with respect to donating,
receiving, or using donated annual leave.

**Q-3. I live in Charleston, South Carolina. When wind and rain from
Hurricane Isabelle caused severe damage and flooding in my area, I had
to use my accrued leave to take time off from work to recover from the
damage caused to my home and car. Can I participate in the Emergency
Leave Transfer Program to recover annual leave that I used because of
Hurricane Isabelle?**

**A-3.** No. The Emergency Leave Transfer Program was not established
because of a declared disaster associated with Hurricane Isabelle.
Therefore, you are not eligible to participate in the Hurricane Katrina
Emergency Leave Transfer Program.

**Q-4**. **Can employees "cash out" donated leave to use for expenses
related to the Katrina emergency disaster?**

**A-4.** There is no government-wide program or legal authority to
provide cash to employees in lieu of donated annual leave. The donated
leave will be used to maintain

the emergency leave recipient in a paid status while absent from duty
because of the disaster caused by Hurricane Katrina. The employee will
receive a salary check for a bi-weekly pay period in the manner he or
she would have received before the impact of Hurricane Katrina.

**Q-5. Who is eligible to participate in the Emergency Leave Transfer
Program?**

**A-5.** VA employees who live or work in the affected area who have
been adversely impacted by Hurricane Katrina are eligible to receive
donated leave. In addition, all VA employees are eligible to donate
leave to the Emergency Leave Transfer Program.

(See Chapter 63 of Title 5, United States Code).

**Q-6. What is the [maximum]{.underline} amount of annual leave that an
employee can donate to an employee who has been approved to participate
in the Emergency Leave Transfer Program?**

**A-6.** An emergency leave donor can donate a minimum of one hour of
annual leave, but not more than 104 hours of annual leave in a leave
year. OPM states that the

104-hour limitation provides each potential emergency leave donor with
the opportunity to make a significant annual leave donation. Eliminating
the limitation on the donation of annual leave may create additional
costs to the Federal Government by allowing annual leave to be donated
that might otherwise be forfeited.

**Q-7. I am an employee at the Washington, DC Medical Center. My sister
and her family lost their home because of the Hurricane Katrina disaster
and emergency in Biloxi, Mississippi. I plan to request leave for
traveling to Biloxi to help relocate my sister and family to live with
me until they are able to get on their feet. Can I use donated leave
under the Emergency Leave Transfer Program instead of using my annual
leave for this purpose?**

**A-7.** Yes, you are eligible to participate in the Emergency Leave
Transfer Program for assisting a family member who has no reasonable
access to other forms of assistance. You should provide your supervisors
an estimate of the amount of time that you expect to use for this
purpose.

**Q-8. Can I participate in the Emergency Leave Transfer Program because
of having to take off my job in order to make funeral arrangements for
my brother who died as a result of the aftermath of Hurricane Katrina in
New Orleans?**

**A-8.** Yes, provided you present appropriate documentation to your
supervisor or leave approving official. Based upon the documentation you
submit, a determination will be made on the amount of donated leave to
approve for bereavement purposes.

**Q-9. I lost my home and car due to severe flooding in the Alabama
area, in the aftermath of Hurricane Katrina. How much donated annual
leave will I be able to**

**use while away from my job making appropriate alternative living and
transportation arrangements?**

**A-9.** Based on your request and documentation presented, your
supervisor or leave approving official can grant you up to 240 hours of
donated annual leave for each disaster or emergency. Additional time may
be granted based on the subsequent

evaluation of your circumstances and situation.

**Q-10. I was hospitalized for two weeks because of injuries I sustained
from exposure to high winds and floodwaters in the aftermath of
Hurricane** **Katrina. Am I required to exhaust my accrued sick and
annual leave before I can use donated leave under the Emergency Leave
Transfer Program?**

**A-10.** No. You do not have to exhaust your accrued leave before you
are approved to use donated leave under the Emergency Leave Transfer
Program.

**Q-11. Can I withdraw my leave donor application under the Emergency
Leave Transfer Program if I later have a need for this leave due to my
own personal emergency?**

**A-11.** Yes, generally you may withdraw your application as long as
you meet the eligibility criteria.

**Q-12. What happens to unused donated leave under the Emergency Leave
Transfer Program?**

**A-12.** Unused donated annual leave is returned to the emergency leave
donors. The amount of unused donated annual leave to be restored will be
proportional to the amount of annual leave donated for each disaster or
emergency. The unused donated annual leave must be restored to the leave
donor(s) in the lowest increment that the agency payroll system can
accommodate.

**Q-13.** **It is now approaching the end of the leave year and the 40
hours of annual leave that I donated under the Emergency Leave Transfer
Program has not been used or deducted from my leave account. Will I
forfeit that leave if it is unused by the end of the leave year?**

**A-13.** No. Emergency leave donors are permitted to keep any unused
donated annual restored in the current or following leave year.

**Q-14. Can I specifically designate to whom I wish to donate leave
under the Emergency Leave Transfer Program?**

**A-14**. No, the Emergency Leave Transfer Program regulations provide
that an emergency leave donor may not donate annual leave for transfer
to a specific emergency leave recipient.

**Q-15. I have rental property in New Orleans. Can I use leave donated
under the Emergency Leave Transfer Program for traveling to New Orleans
to check on the extent of the damage once the officials give approval to
enter the city?**

**A-15**. No. Since you did not live in the house or in the area, you
would have to request approval of annual leave for this purpose.

**Q-16. How long can I participate in the Emergency Leave Transfer
Program?**

**A-16**. Based on a review and evaluation of your situation, your local
leave approving officials will determine whether your personal
circumstances warrant continued participation beyond the initial
approval of leave. However, the total amount of donated annul leave may
not exceed 240 hours.

**Q-17. When will the Emergency Leave Transfer Program end for Hurricane
Katrina?**

**A-17.** The Emergency Leave Transfer Program terminates when:

-   OPM determines that the disaster or emergency has terminated;

-   The emergency affecting a leave recipient terminates;

-   A leave recipient separates from Federal service prior to
    termination of his or her emergency and use of donated leave; or

-   On receipt of notice that OPM has approved the recipients
    application for disability retirement.

**Important Notice Concerning the Emergency Leave Transfer Program for**

**Employees Affected by Hurricane Katrina and its Aftermath**

**November 2005**

The Department of Veterans Affairs (VA) has issued guidance for
implementing the Emergency Leave Transfer Program to assist employees
affected by Hurricane Katrina in the Gulf Coast states. The program is
intended to facilitate the transfer of donated annual leave to affected
employees who may need additional leave to take care of hurricane
related personal or family emergencies.

**Emergency Leave Transfer Program**

Under the Emergency Leave Transfer Program, the use of donated leave is
not restricted to medical emergencies, and approved leave recipients are
not required to exhaust their own accrued annual and sick leave before
using donated annual leave.

**Use of Donated Leave**

Employees may use leave donated under the Emergency Leave Transfer
Program for personal needs or to care for a family member who is
affected by the hurricane or its aftermath.

**Approval for Participation in the Emergency Leave Transfer Program**

In order to qualify you must present acceptable documentation to your
supervisor or leave approving official. Based upon the documentation you
submit, a determination will be made on the amount of donated leave to
approve. Your supervisor or leave approving official may grant up to 240
hours of donated annual leave for each disaster. Emergency leave donors,
who have been approved to participate in the program, can donate from a
minimum of one hour of annual leave to a maximum of 104 hours. Approved
leave recipients may substitute donated leave for paid leave or leave
without pay (LWOP) used to take care of an emergency that began no
earlier than the date of the emergency, or to liquidate an indebtedness
incurred by the use of advanced annual or sick leave to attend to a
hurricane related emergency.

Employees who wish to be approved as either recipients or donors should
submit their requests on the appropriate OPM form from the list below.
Hard copies may be obtained from the Human Resources office.

  -------- -------------------------------------------------------- -----------------------------------------------------
  OPM 1637 Application to Become a Leave Recipient Under the        ![](media/image1.jpeg){width="0.3854166666666667in"
           Emergency Leave Transfer Program                         height="0.3229166666666667in"}

  OPM 1638 Request to Donate Annual Leave Under the Emergency Leave ![](media/image1.jpeg){width="0.3854166666666667in"
           Transfer Program                                         height="0.3229166666666667in"}

  OPM 1639 Transfer of Donated Annual Leave To/From the Emergency   ![](media/image1.jpeg){width="0.3854166666666667in"
           Leave Transfer Program                                   height="0.3229166666666667in"}
  -------- -------------------------------------------------------- -----------------------------------------------------

**Termination of the Emergency Leave Transfer Program**

The program will end when:

-   OPM determines that the disaster or emergency has terminated;

-   The emergency affecting a leave recipient terminates;

-   A leave recipient separates from Federal service prior to
    termination of his or her emergency and use of donated leave; or

-   On receipt of notice that OPM has approved the recipients
    application for disability retirement.

**Human Resources will need to insert their local contact information.**