Section 6-B1231. TRANSFER AND RE-CREDIT OF ANNUAL AND SICK LEAVE

 

1231.1When an employee subject to this chapter transfers between agencies, the Office of the Chief Financial Officer shall certify the employee’s annual and sick leave accounts to the employing agency for credit or charge.

 

1231.2Pursuant to section 1203 (k) of the CMPA (D.C. Official Code § 1-612.03 (k)) (2006), a federal government employee who is hired or appointed by the District government without a break in service of more than one (1) workday, and who did not receive a lump-sum payment for annual leave upon separation from the federal service, shall be credited with the annual leave balance to his or her account at the time of separation from the federal service.

 

1231.3An employee who has received a lump-sum payment for annual leave upon separation from the federal service shall be credited with a zero (0) annual leave balance upon entry into District government service.

 

1231.4Pursuant to section 1203 (k) of the CMPA (D.C. Official Code § 1-612.03 (k)) (2006), a federal government employee who is hired or appointed by the District government without a break in service shall be credited with the sick leave balance to his or her account at the time of separation from the federal service.

 

1231.5Except as provided in section 1231.7 of this section, the annual and sick leave to the credit of an employee who transfers between agencies of the District government under different leave systems without a break in service shall be transferred to his or her credit in the employing agency on the same adjusted basis as provided in section 1231.6 of this section.

 

1231.6Except as provided in section 1231.7 of this section, when annual leave or sick leave is credited from a leave system that accrues leave on a basis other than that prescribed by sections 1233.1 or 1233.2 of this chapter, an employee to whom this section applies shall be credited with five (5) hours of leave for each seven (7) hours of leave accumulated under the leave system from which credited, with fractional parts of an hour being rounded up to the next whole hour.

 

1231.7Annual and sick leave to the credit of a uniformed member of the Firefighting Division of the Fire and Emergency Medical Services Department who transfers to another agency of the District government, or to a non-uniformed division of the Fire and Emergency Medical Services Department, shall be adjusted by dividing both the annual leave and the sick leave by one and two-tenths (1.2), with the results rounded up to the next whole hour.

 

1231.8The employing agency shall have the primary responsibility for determining whether an employee is entitled to be credited with leave purportedly standing to an employee’s credit when the employee’s transfer or reemployment involves different leave systems and a re-credit is otherwise appropriate.

 

1231.9Pursuant to section 1203 (i) of the CMPA (D.C. Official Code § 1-612.03 (i)) (2006), an individual who received a lump-sum payment for annual leave upon separation from District government service, and who is reemployed by the District government prior to the end of the period covered by the lump-sum payment, shall repay the District government an amount equal to the lump-sum payment for the time between the date of reemployment and the end of the period covered by the lump-sum payment, and shall be recredited with annual leave for that period.

 

1231.10When an employee is reemployed in a position under a different leave system prior to the expiration of the period for which the lump-sum leave payment has been made and the unexpired period of leave covers a larger amount of leave than can be transferred to the different leave system, the employee shall be required only to make a repayment covering the amount of re-creditable annual leave.

 

1231.11No repayment shall be required when an employee is reemployed under circumstances where he or she is not entitled to accrue leave.

 

1231.12An employee subject to this chapter who transfers to a position under the District of Columbia Teachers’ Leave Act shall be entitled to a lump-sum payment for unused annual leave.

 

1231.13When an employee transfers to a position under a different leave system to which only a part of the employee’s sick leave can be transferred, then so much of the employee’s sick leave as was not transferred to the new leave system shall be recredited should the employee return to the leave system under which it was earned prior to the expiration of three (3) years.

 

1231.14An employee who separates from District government service other than by retirement, shall have his or her sick leave account recredited, either on an hour-for-hour basis, or on an adjusted basis as provided in sections 1231.6 or 1231.7 of this section, as appropriate, if reemployed without a break in service of three (3) years or more.

 

1231.15If official records specifying the amount of leave to be credited or recredited are not available, an estimate of the employee’s leave account shall be acceptable when accompanied by an official statement that contains the basis for the estimate.

 

1231.16An employee who earned leave under a statute previously in force shall be entitled to re-credit of that leave under that authority, if he or she is entitled to re-credit for it, on reentering the leave system under which it was earned; however, leave already forfeited shall not be revived.

 

1231.17Pursuant to section 2343 of the CMPA (D.C. Official Code § 1-623.43 (2006)), an employee who has used annual leave or sick leave as a result of an injury or illness, and whose injury or illness is later determined, as provided in Chapter 23 of these regulations, to be job-related, shall be entitled to repurchase so much of that annual leave, or sick leave, or both, as he or she shall desire, at the hourly rate in effect at the time it was used, and shall have that amount of annual leave, sick leave, or both recredited.

 

1231.18There shall be no limitation on the amount of either annual leave or sick leave that can be repurchased under section 1231.17 of this section, but any annual leave repurchased shall be subject to the forfeiture provisions of section 1239 of this chapter, and may be considered to have been administrative error for purposes of restoration under section 1239 of this chapter.

 

source

Final Rulemaking published at 54 DCR 11538 (November 30, 2007).