Under the Voluntary Leave Transfer Program (VLTP), a covered employee may donate annual leave directly to another employee who has a personal or family medical emergency and who has exhausted his or her available paid leave. Each agency must administer a voluntary leave transfer program for its employees. There is no limit on the amount of donated annual leave a leave recipient may receive from the leave donor(s). However, any unused donated leave must be returned to the leave donor(s) when the medical emergency ends. An employee may participate concurrently in both the VLTP and the Voluntary Leave Bank Program, if available.
Some confusion often arises concerning leave acquired through the Voluntary Leave Transfer Program (VLTP). Specifically, there may be confusion concerning whether donated leave can be used retroactively. In many instances, there may be administrative errors in timely processing of the donated leave. 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 emergency 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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