Back to Top

Disabled Veteran Leave

Tuesday, August 9, 2016
CPM 2016-10
MEMORANDUM FOR: 
CHIEF HUMAN CAPITAL OFFICERS
From: 
BETH F. COBERT, ACTING DIRECTOR
Subject: 
Disabled Veteran Leave

I am pleased to announce that the U.S. Office of Personnel Management (OPM) has issued final regulations implementing the newly created disabled veteran leave category established under the Wounded Warriors Federal Leave Act of 2015 (Public Law 114-75, November 5, 2015), which added a new section 6329 in title 5 of the United States Code.  Regulations for the new leave category are located in subpart M of part 630, title 5 of the Code of Federal Regulations and can be found at https://www.federalregister.gov/.

By law, “disabled veteran leave” must be provided to any Federal employee hired on or after November 5, 2016, who is a veteran with a service-connected disability rating of 30 percent or more for purposes of undergoing medical treatment for such disability for which sick leave could regularly be used.  Disabled veteran leave is available as a one-time benefit during a 12-month period beginning on an eligible employee’s “first day of employment” and may not exceed 104 hours for a regular full-time employee.  Disabled veteran leave not used during the 12-month eligibility period may not be carried over to subsequent years and will be forfeited.  A summary description of the disabled veteran leave benefit is provided in Attachment 1. 

While current Federal employees who were hired before November 5, 2016, are not eligible for disabled veteran leave, the Federal Government offers a wide range of leave options and workplace flexibilities to assist employees who need to be away from the workplace, including disabled veterans who must take time off from work to receive medical treatment for their service-connected disabilities.  These options may include annual leave, sick leave, advanced annual leave, advanced sick leave, leave under the Family and Medical Leave Act (FMLA), donated leave under the voluntary leave transfer program or voluntary leave bank programalternative work schedules, credit hours under flexible work schedules, compensatory time off and telework.  I also note that, under Executive Order 5396, July 17, 1930, Federal employees who are disabled veterans are entitled, upon proper notice, to use accrued annual leave, accrued sick leave, or leave without pay for necessary medical treatment associated with the service-connected disability.  An employee can use leave without pay under EO 5396 without having to invoke FMLA leave.

On August 17, 2016, OPM will host a webinar to further explain and assist agencies regarding this new leave category available to qualifying veterans hired on or after November 5, 2016.  To register for this event, please see Attachment 2.

Attachment 1:  Summary (see PDF below)

 

Attachment 2:  Webinar Registration (see PDF below)  

 

cc:  Human Resources Directors