HRDG 4630 - Absence and Leave - Section B - Subsection e

Last Modified: April 18, 2024

Subchapter 4630 - Absence and Leave
Section B - Annual Leave
Subsection e - Restoring Annual Leave

When Forfeited Annual Leave Can Be Restored

Forfeited annual leave may be restored if any one of the following conditions is met:

There is an administrative error which causes the loss of annual leave accrual after June 30, 1960. The decision as to whether an administrative errors falls within the context of this authority must be made on a case-by-case basis.
There is sickness (or injury or any other medical condition for which paid sick leave would be approved) which prevents the employee from using scheduled annual leave. The annual leave must have been scheduled in writing and approved in writing before the beginning of the third pay period before the end of the leave year. In addition, the period of absence due to the sickness must have occurred at such a time late in the leave year or was of such duration that the annual leave could not be rescheduled for use before the end of the year to avoid forfeiture.
There is an exigency of public business (emergency or operational demands outside the normal workload) which prevents an employee from using annual leave, provided the leave was scheduled in writing and approved in writing before the beginning of the third pay period before the end of the leave year. (See Checklist for Requesting Restored Annual Leave, Item B, for additional requirements.)

Note: The following factors by themselves do not constitute an exigency of public business: heavy workload, expense of detailing or hiring another employee, or having a high percentage of employees on annual leave during the same period.
An employee is reinstated after an unwarranted or unjustified personnel action.

Restoration Process Webinar Slides – APHIS Only

Added 03/23

Effective January 30, 2023, APHIS Administrative Notice 23-2 Leave Usage Order for Annual Leave Restoration (135.91 KB)was issued. This notice canceled the previous APHIS policy describing the order that leave and other paid time off was to be used.

HRD is making the APHIS webinar slides available for reference. These slides explain the restoration process and will support Programs during their review of annual leave restoration requests.

When Forfeited Annual Leave Cannot Be Restored

Updated 02/23

Forfeited annual leave cannot be restored if:

It does not meet the written prescheduling requirements,
It was not canceled in writing by the supervisor,
The cancellation was not approved in writing by a higher level supervisor/manager,
It could have been rescheduled but the employee did not do so, and/or
It was forfeited because compensatory or credit hours were used. This means that throughout the year, employees choosing to use paid time off in an order other than that listed below which results in lost annual leave at the end of the leave year will be ineligible for leave restoration. Effective January 30, 2023, this leave usage order does not apply to APHIS employees. See APHIS Administrative Notice 23-02 (135.91 KB).
- ~~NDAA 2021 Section 1111 Annual Leave (applies to 2021 leave year only)~~

Use or lose annual leave,

Restored Annual Leave,
Compensatory time off in lieu of overtime pay,
Compensatory time off for travel,
Time off award (TOA)*, and
All other leave, e.g., credit hours, annual leave.

*Note: Current USDA policy on TOAs states that each leave year employees may carryover up to 80 hours of a TOA. Any hours over 80 are forfeited.

Employee Responsibilities

When requesting restoration of forfeited annual leave, employees should:

Prepare requests in accordance with this section and the checklist (see "Employee Checklist for Requesting Restored Annual Leave" at the end of this section),
Forward requests and all supporting documentation through the supervisor and other established administrative channels to the appropriate approving official listed in Section A, and
Submit requests by the end of pay period six (6) of the new leave year.

Approving Official Responsibilities

When reviewing requests for restoration of forfeited annual leave, approving officials will, in accordance with guidance of this Section:

Review and act on all requests expeditiously;
Notify the employee in writing if request is not approved, giving the basis for disapproval;
Notify the employee, supervisor, and the servicing personnel office (SPO) if the request is approved by issuing Form AD-582, Authorization for Restored Annual Leave (see "Completion of Form AD-582, Authorization for Restored Annual Leave" at the end of this section"); and
Maintain supporting records.

See "Checklist for Reviewing Requests for Restored Annual Leave" at the end of this section. Questions should be referred the leave policy specialist, Employment and Classification Policy Branch, MRPHR.

SPO Responsibilities

The SPO will, upon receipt of the approved AD-582:

Expeditiously update the National Finance Center (NFC) data base with the number of hours restored;
Notify the timekeeper, providing T&A instructions; and
File a copy of the approved AD-582 in the employee's Official Personnel Folder.

Note: Because the restored leave will not be available for use in the NFC data base until after the SPO has updated the system and notified the timekeeper, the timekeeper should take no action to update the employee's time and attendance records until such notification is received.

Leave Usage Order

Updated 02/23

Effective January 30, 2023, the leave usage order noted below does not apply to APHIS employees. See APHIS Administrative Notice 23-02 (135.91 KB).

To avoid the loss of annual leave at the end of the leave year, it is recommended that leave be used in the following order:

~~NDAA 2021 Section 1111 Annual Leave (applies to 2021 leave year only)~~
Use or Lose Annual Leave,
Restored Annual Leave,
Compensatory Time Off in Lieu of Overtime Pay,
Compensatory Time Off for Travel (CTOT),
Time Off Award (TOA)*, and
All other leave, e.g., credit hours, annual leave

Note: Use sick leave, as appropriate.

*Note: Current USDA policy on TOAs states that each leave year employees may carryover up to 80 hours of a TOA. Any hours over 80 are forfeited.

Time Limit for Using Restored Leave

Unless otherwise specified by the SPO, restored leave must be used by the end of the leave year that is 2 years after one of the following:

The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of sickness. 5 CFR 630.306(a)(3)

Scenario 1

An employee puts in a written request for 40 hours of annual leave for the week of January 6, 2014, to go on a family ski vacation. However, at the end of December, he is involved in a serious car accident and is hospitalized through the end of January. He forfeits the 40 hours of annual leave. He is then released to an inpatient rehabilitation center for further care. He returns to work on March 10, 2014. Since his annual leave was cancelled because of his injury and could not be rescheduled before the end of the leave year, the requirements for the restoration of forfeited annual leave are met. HRO restores the 40 hours of forfeited annual leave to the employee.

In order to avoid the forfeiture of his restored annual leave, the employee must schedule and use it no later than the end of the leave year ending 2 years after the date that he is determined to be recovered and able to return to duty. He is determined able to return to duty on March 10, 2014. Two years after March 10, 2014, is March 10, 2016. March 10, 2016, occurs in the 2016 leave year, which ends January 7, 2017. Thus, the employee must schedule and use the restored annual leave no later than January 7, 2017.

Scenario 2

An employee puts in a written request to take annual leave during the last 3 weeks of the leave year. However, the employee has influenza during the week of December 22, so she requests to substitute sick leave for her scheduled annual leave while she has the flu. On December 30, she informs her supervisor that she has recovered from the flu and doesn’t need any more sick leave, but she would like to use her already-scheduled annual leave. She returns to work on January 13 after she uses her remaining scheduled annual leave to learn that the 32 hours of annual leave that she did not take during the week of December 22 was forfeited. Since her annual leave was cancelled because of her own illness and could not be rescheduled before the end of the leave year, the requirements for the restoration of forfeited annual leave are met. The forfeited annual leave is eligible for restoration.

In order to avoid the forfeiture of her restored annual leave, the employee must schedule and use it no later than the end of the leave year ending 2 years after the date that she is determined to be recovered and able to return to duty. Since she informed her supervisor she was recovered on December 30, HRO sets December 30, 2013, as the date she is determined to be recovered from her illness. Two years after December 30, 2013, is December 30, 2015. December 30, 2015, falls in the 2015 leave year, which ends January 9, 2016. Thus, the employee must schedule and use the restored annual leave no later than January 9, 2016.

The termination date of the exigency of the public business that resulted in forfeiture of the annual leave. 5 CFR 630.306(a)(2)

Scenario 1

An employee puts in a written request for 72 hours of annual leave to be taken in the last two pay periods of the 2013 leave year. However, he is called to jury duty on January 6, and performs 3 days of jury duty from January 6-8. Title 5 U.S.C. 6322 prohibits the loss of or reduction in annual leave where an employee is summoned to perform jury service. The supervisor determines that the jury duty constitutes an exigency of the public business (5 CFR 630.305). The employee forfeits 24 hours of annual leave. Since his annual leave was cancelled because of an exigency of the public business, the requirements for the restoration of forfeited annual leave are met. The agency restores his forfeited annual leave.

Since the employee’s jury duty is over on January 8, 2014, the head of the agency determines this date to be the end of the exigency of the public business. In order to avoid its forfeiture, the employee must schedule and use the restored annual leave no later than the end of the leave year ending 2 years after the termination date of the exigency. Two years after the exigency of the public business terminates is January 8, 2016. January 8, 2016, occurs in the 2015 leave year, which ends January 9, 2016. Thus, the employee must schedule and use the restored annual leave no later than January 9, 2016.

Scenario 2

An employee puts in a written request for 72 hours of annual leave to be taken in the last two pay periods of the 2013 leave year. However, due to an unexpected project, the employee’s scheduled annual leave request is cancelled, and she is required to work to complete the project. The supervisor determines that the project constitutes an exigency of the public business (5 CFR 630.305). The employee forfeits the 72 hours of annual leave. Since her annual leave was cancelled because of an exigency of the public business, the requirements for the restoration of forfeited annual leave are met. HRO restores her forfeited annual leave.

The project is completed on January 15, 2014, and the supervisor determines this date to be the end of the exigency of the public business. In order to avoid its forfeiture, the employee must schedule and use the restored annual leave no later than the end of the leave year ending 2 years after the termination date of the exigency. Two years after the exigency of the public business terminates is January 15, 2016. January 15, 2016, occurs in the 2016 leave year, which ends January 7, 2017. Thus, the employee must schedule and use the restored annual leave no later than January 7, 2017.

The date of restoration of the annual leave forfeited because of administrative error. 5 CFR 630.306(a)(1)

In response to an internal agency audit conducted in August 2014 HRO finds that an administrative error resulted in an employee forfeiting 16 hours of annual leave that he should not have forfeited. The agency restores the employee’s forfeited annual leave on August 11, 2014.

In order to avoid the forfeiture of the restored annual leave, the employee must schedule and use it no later than end of the leave year ending 2 years after the date of restoration of the annual leave. The date of restoration of the annual leave is August 11, 2014. Two years after August 11, 2014, is August 11, 2016. August 11, 2016, occurs in the 2016 leave year, which ends January 7, 2017. Thus, the employee must schedule and use the restored annual leave no later than January 7, 2017.

CHECKLIST FOR REQUESTING RESTORED ANNUAL LEAVE

Employees should follow this checklist when preparing requests for restoration of annual leave forfeited due to exigencies of the public business (operational emergencies) or illness. Incomplete requests will delay action by the approving official. Questions should be referred to the leave policy specialist, Employment and Classification Policy Branch, MRPHR.

A._____	Memo requesting approval for restoration contains: ___ Name, last 4 digits of the social security number, title, grade, and duty station. ___ Amount of leave forfeited. ___ Date(s) leave was requested, approved, and canceled. ___ Beginning and ending dates of the operational emergency (exigency of the the public business) or illness (as applicable). ___ Details on why the leave could not have been rescheduled and used during the remainder of the leave year.
B._____	Documents supporting the request include: ___ Form(s) SF-71, or equivalent, that: Request approval of annual leave, Are approved by supervisor, and Indicate both a request and approval date before the start of the third pay period before the end of the leave year. ___ Written cancellation of leave by supervisor and concurrence of higher-level management official. The statement should include specific reasons as to why there is no alternative to the cancellation. ___ Medical certificate, or other acceptable medical documentation, as applicable, which clearly indicates the period of incapacitation. ___ Official T&A reports and T&A logs for pay period(s) leave was canceled and for remainder of the leave year. ___ Leave audit for the year leave restoration is being requested.
C._____	Completed package routed through supervisor for concurrence (if not, include explanation).
D._____	Completed package forwarded through established administrative channels to appropriate approving official (see Section A). Submit no earlier than pay period 1 and no later than pay period 6 of the new leave year.

CHECKLIST FOR REVIEWING REQUESTS FOR RESTORED ANNUAL LEAVE

This checklist is provided as a guide to administrative staffs and/or approving officials for reviewing and acting on requests for restoration of annual leave forfeited due to exigencies of the public business (operational emergencies). Questions should be referred to the leave policy specialist, Employment and Classification Policy Branch, MRPHR.

A._____	Timeliness of request (not earlier than pay period 1 of current leave year).
B._____	Request from employee contains: ___ Name, last 4 digits of the social security number, title, grade, and duty station. ___ Amount of leave forfeited. ___ Date(s) leave was requested, approved, and canceled. ___ Beginning and ending dates of the exigency (operational emergency). ___ Details on why the leave could not have been rescheduled and used during the remainder of the leave year.
C._____	Supporting documentation contains: ___ Signed documents (SF-71[s] or equivalent) indicating employee's request for and supervisor's approval of annual leave. ___Both signatures must be dated before the beginning of the third pay period before the end of the leave year. (This requirement is based on statute and cannot be waived.) ___Statement signed by supervisor canceling annual leave. Statement includes specific reasons as to why the exigency of the public business (operational emergency) is so important that no alternative exists to the cancellation. ___ Concurrence of the cancellation and the existence of the exigency by a higher level management official. This concurrence may not be made by anyone whose leave would be affected by the decision. (5 CFR 630.305). ___ Official T&A reports and T&A logs for pay period(s) leave was canceled and for remainder of the leave year. ___ Leave audit for the year leave restoration is being requested.
D._____	Action on Request: ___ Submission incomplete. Return to employee and refer him/her to the Human Resources Desk Guide (HRDG) on Absence and Leave for information on making proper application. ___ Request disapproved; does not meet all requirements for restoration of annual leave. Notify employee by letter, providing explanation of disapproval. ___ Request approved. Issue Form AD-582, Authorization for Restored Annual Leave. Follow guidance in HRDG on Absence and Leave, "Completion of Form AD-582."
E._____	Distribution of Approved Form AD-582: ___ Original and Official Personnel Folder copy--send to SPO. ___ Employee copy and Timekeeper copy--return to employee (through supervisor) for distribution. ___ Maintain a xerox copy with the case file for review and reporting purposes.
F._____	Maintenance of Records: Files must be maintained on all cases reviewed and actions taken under this authority. Such files will include: ___ Original request from employee with all supporting documentation. ___ Record of final disposition (copy of AD-582 if approved; copy of notification to employee if disapproved or returned without action). Records of approved cases may be purged after the ending date for use of the restored leave, as indicated on Form AD-582. Records of disapproved cases may be purged 2 years from the final notification date.

COMPLETION OF FORM AD-582, AUTHORIZATION FOR
RESTORED ANNUAL LEAVE

1.	Fill in employee's name; e.g., Smith, John J.
2.	Agency code: Use the appropriate agency code (AMS-02; APHIS-34; GIPSA-36).
3.	Employing office: 4822
4.	Enter total hours of annual leave approved for restoration.
	Note: This number cannot exceed the number of hours accrued for the leave year.
5.	Enter last 4 digits of the employee's Social Security Number. This number will be used by the SPO when entering the restored leave information into the NFC data base.
6.	Circle code 1 (exigency) and enter the total number of restored hours.
7.	Insert "X" in Box 1--New or Additional. If this represents a correction, mark Box 2; if the restored leave is to be deleted from the system, mark Box 3.
8.	Enter beginning date of period during which restored leave may be used. This date must coincide with Item 10, Date Approved; it cannot be before the approval date.
	Enter ending date of period for use of the restored leave. This date typically will be the end of the leave year following the one in which restoration was approved.
	Example: Approving official signed Form AD-582 on January 6, 1997. Beginning date restored leave is available to use is January 6, 1997, and the ending date is January 2, 1999 (end of leave year 1998).
	Example: Approving official signed Form AD-582 on March 24, 1997. Beginning date restored leave is available to use is March 24, 1997, and the ending date is January 2, 1999 (end of leave year 1998).
9.	Note: The ending date is always at the end of 2 leave years following the leave year in which the exigency ended which resulted in forfeiture of annual leave. Signature of authorizing (approving) official.
10.	Enter current date.

EXAMPLE (117.17 KB)

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