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An official website of the United States Government.

Frequently Asked Questions Pay & Leave

Leave Policy

  • No. The Comptroller General has advised that a lump-sum payment for unused annual leave which is correctly and legally made to a Federal employee upon his or her separation from Government service may not later be considered an "erroneous" payment within the meaning of the statute authorizing waiver of erroneous overpayments of compensation (5 U.S.C. 5584). This is true even though the employee accepts another Federal appointment without any awareness that he will then become legally obligated to refund part of that lump-sum leave payment by accepting reemployment. (See B-200327, November 13, 1980.)
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  • The head of an agency or his or her designee generally should identify emergency personnel at least annually and notify them in writing that they are designated as emergency employees.  The term emergency employee is used to designate those employees who must report for work in emergency situations.  The notice should include the requirement that emergency employees report for, or remain at work in emergency situations and an explanation that dismissal or closure announcements do not apply to them unless they are instructed otherwise.  Because of the unique circumstances of this emergency situation, an agency may have designated additional employees as emergency employees who were also required to report for or remain at work. 
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  • In most cases, restored annual leave must be scheduled and used 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 and able to return to duty.
    The above limitations do not apply to
    • Department of Defense employees at installations undergoing closure or realignment (BRAC) (see 5 CFR 630.306(b));  
    • employees whose annual leave was forfeited because of an extended exigency of the public business (see 5 CFR 630.309); or
    • employees who are subject to an exigency of the public business because they are determined necessary to respond to the “National Emergency by Reason of Certain Terrorist Attacks” (see 5 CFR 630.311).
    For more information, see the Restoration of Annual Leave fact sheet.
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  • For information on how a period of leave without pay affects specific benefits and programs, see our Leave Without Pay (LWOP) - Effect on Federal Benefits and Programs fact sheet.
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  • For information and guidance on the voluntary leave transfer program, see the Voluntary Leave Transfer Program fact sheet.
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  • Yes.  Agencies have discretionary authority to grant excused absence to employees who were prevented from returning to work due to unique travel circumstances.  However, employees on preapproved leave should continue to be charged leave until the date they were scheduled to return to duty.  After such date, employees who are ending their leave must contact their supervisor to request to use additional annual leave, leave without pay, credit hours earned, compensatory time off earned, or excused absence (if the agency's internal policy permit).  Telework may also be an option, under internal policy, if the employees have access to the necessary equipment or tools to accomplish their work.
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