Section 6-B1239. ANNUAL LEAVE-RESTORATION

 

1239.1         As provided in section 1203 (h)(2) of the CMPA (D.C. Official Code § 1-612.03 (h)(2) (2006 Repl.)), annual leave may be restored when:

 

(a) An administrative error causes a loss of annual leave otherwise accruable after June 30, 1960;

 

(b) Exigencies of the public business, deemed by the agency head to be of major importance, causes denial and forfeiture of annual leave previously scheduled at least three (3) biweekly pay periods prior to the end of the leave year; or 

 

(c) An employee becomes sick while on scheduled annual leave and receives approval to substitute sick leave for the scheduled annual leave.  The employee must have had sick leave available at the time of the request for scheduled annual leave.   

 

1239.2 If the annual leave restored under subsection 1239.1 of this section causes the employee’s accumulated annual leave balance to exceed the maximum allowable accumulation under subsection 1238.1 of this chapter such restored leave shall be credited to a separate leave account.  Such restored leave that exceeds the maximum allowable accumulation shall be forfeited unless scheduled and used not later than two (2) years after one (1) of the following dates:

 

(a) The date of restoration of the annual leave forfeited because of administrative error;

 

(b)  The date fixed by the agency head as the termination date of the exigency of the public business that resulted in forfeiture of the annual leave; or

 

(c)  The date the employee is determined to be recovered and able to return to duty if the leave was forfeited because of sickness.

 

1239.3 Restored leave for separated employees:  

 

(a)    Restored leave for separated employees shall be included in a lump-sum payment if unused and still available upon the date of separation; and 

 

(b) Pursuant to section 1203(h)(2)(B) of the CMPA (D.C. Official Code § 1-612.03 (h)(2)(B)), in the event of an administrative error, a separated employee entitled to restored annual leave, otherwise accruable after June 30, 1960, shall be entitled to credit and liquidation by lump-sum payment only if the employee files a claim for restored leave within three (3) years of the date the error was discovered.

 

1239.4 The agency head shall provide notification to the appropriate authority to effect the restoration of annual leave under this section.

 

authority

The Director of the D.C. Department of Human Resources, with the concurrence of the City Administrator, pursuant to Mayor’s Order 2008-92, dated June 26, 2008, and in accordance with Title XII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.11 (2006 Repl.)).

source

Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Notice of Final Rulemaking published 59 DCR 2690, 2698 (April 6, 2012).