By Amy Johnson, LDS 406

(Information contained in this article is not original and is from numerous sources to include: 
https://www.eeoc.gov/ 
https://www.chcoc.gov/content/higher-annual-leave-carryover-limit-under-section-1111-national-defense-authorization-act
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/Committee%20on%20Oversight%20and%20Reform%20Coronavirus%20Relief%20Measures%20One%20Pager.pdf)

OPM issued guidance to agencies on how to implement a provision of the 2021 National Defense Authorization Act (NDAA) allowing Federal employees to carry over up to 25 percent of additional unused annual leave over the typical cap on time off that transfers from one year to the next.

For most federal employees, who typically can carry over 240 hours of unused leave from one year to the next, they can carry over a maximum of 300 hours into 2021. Feds working overseas can carry over upward of 450 hours, compared with the typical 360 hours allowed. And senior executives, who are exempt from the provision, will continue to be able to carry over the normal cap of 720 hours.

The provision applies to the vast majority of Federal employees, including medical professionals at the Veterans Affairs Department and employees at the U.S. Postal Service, Transportation Security Administration, and the Federal Aviation Administration. But senior executives are exempt as well as employees whose salaries are paid via non-appropriated funds.

Under the NDAA provision, leave above the traditional cap that carries over must be used this year (2021), or it will be forfeited. And if an employee leaves the Federal service, the extra leave will not be included as part of lump sum payments for unused leave.

There are exceptions, however: if an agency determines that an employee has been unable to use his or her leave due to their work on COVID-19 response efforts, it can restore all of that employee’s unused leave from 2020. And in that scenario, the employee would have at least two years to use that leave before it expires. If the employee leaves the Federal service, it would be included in any lump sum payments.

Another bill under consideration could provide Federal workers with an additional five weeks of leave and would apply to all Federal agencies. 

To tap into this additional benefit, employees would have to first use up all their regular sick leave, and this provision would be available only to those who:

• Are unable to work because they are under a quarantine order;
  
• Have been medically advised to self-quarantine;
  
• Are experiencing symptoms of COVID-19;
  
• Are caring for a family member who is under quarantine;
  
• Are caring for a family member who has a disability; 
  
• Are age 65 or older and incapable of taking care of themselves; and 
  
• Are caring for a child whose school or regular day care is not available or is less than fully open due to COVID-19. 

Changes to the Family and Medical Leave Act for Federal employees have also been proposed. The changes put forward would substitute paid leave for unpaid leave for those Federal employees needing time off for personal or family medical reasons. The limit of 12 weeks within any 12-month period would remain, with use of paid time for one reason reducing how much could be used for another event.