Donated Leave May be Used Retroactively
Some confusion often arises concerning leave acquired through the Voluntary Leave Transfer Program (VLTP). Specifically, there may be confusion concerning whether donate leave can be used retroactively. The confusion arises based on the general provision that the Family Medical Leave Act (FMLA) cannot be used retroactively except in certain situations. Hence, since VLTP is intrinsically associated with FMLA, many believe VLTP cannot be used retroactively. This is wrong. VLTP may be used retroactively.
As provided in 5 CFR 630.909 (d),
Transferred annual leave may be substituted retroactively for any period of leave without pay or used to liquidate an indebtedness for any period of advanced leave that began on or after the date fixed by the agency as the beginning of the medical emergency.
However, it is important that the leave donor ensure donated leave is donated after the date of the medical emergence and before the date of the termination of the medical emergency. Most fiscal / payroll offices will not process the leave donation otherwise. Consult your own agency regulations concerning this specific aspect. You can read the applicable Code of Federal Regulations by clicking here.
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