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Frequently Asked Questions Pay & Leave

Under what circumstances can annual leave which is forfeited be restored?

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—

  1. an administrative error;
  2. an  exigency of the public business; or
  3. sickness of the employee.  
Leave that is forfeited because of an exigency of the public business or sickness of the employee may be considered for restoration 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. (See 5 CFR 630.308.) The determination as to what constitutes an administrative error is the responsibility of the employing agency. A determination that an exigency is of major importance and that excess annual leave cannot be used must be made by the head of the agency or his or her designee.  For more information, see the Restoration of Annual Leave fact sheet.

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