3 FAM 3470
disabled veteran LEAVE
(CT:PER-944; 05-15-2019)
(Office of Origin: HR/ER/WLD)
3 FAM 3471 AUTHORITIES
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The following authorities are cited:
(1) 5 U.S.C. 6329;
(2) 5 CFR 630, Subpart M; and
(3) E.O. 5396, July 17, 1930.
3 FAM 3472 APPLICABILITY
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
This subchapter applies to Foreign Service and Civil
Service employees who are veterans with a service-connected disability rated at
30 percent or more, subject to the conditions specified in this subchapter.
This subchapter applies only to employees who are Hired, as defined by 3 FAM 3473, on
or after November 5, 2016.
3 FAM 3473 DEFINITIONS
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The below definitions apply to 3 FAM 3470,
with the exception of 3 FAM 3479.
12-month eligibility period
means the continuous 12-month period that begins on the First Day of
Employment.
Employment means service as an
employee within the meaning of 5 U.S.C. 2105 during which the employee is
covered by a leave system under which leave is charged for periods of absence.
This excludes service in a position in which the employee is not covered by 5
U.S.C. 6329 due to application of another statutory authority.
First Day of Employment means
the first day of service that qualifies as Employment that occurs on the later
of:
(1) The earliest date an employee is Hired after the
effective date of the employees qualifying service-connected disability, as
determined by the Veterans Benefits Administration; or
(2) The effective date of the employees qualifying
service-connected disability, as determined by the Veterans Benefits
Administration.
For each employee, there is a single First Day of
Employment.
NOTE: The First Day of Employment is a
definition specific to disabled veteran leave and may be different from an
employees service computation date for purposes of creditable service.
Health care provider has the meaning
given that term in 5 CFR 630.1202.
Hired means the action of:
(1) Receiving an initial appointment to a Civil Service
or Foreign Service position;
(2) Receiving a qualifying reappointment to a Civil
Service or Foreign Service position; or
(3) Returning to duty status in a Civil Service or
Foreign Service position, when such return immediately followed any break in
civilian duty (with the employee in continuous civilian leave status) to
perform military service. Continuous civilian leave status includes both
periods of paid leave (e.g. military leave, annual leave, etc.) and unpaid
leave (LWOP) taken for military service.
Medical certificate means a
written statement signed by a health care provider certifying to the treatment
of a veterans qualifying service-connected disability.
Medical treatment means any
activity carried out or prescribed by a health care provider to treat a
veterans qualifying service-connected disability.
Military service means active
military, naval, or air service as that term is defined in 38 U.S.C. 101(24).
Qualifying reappointment means
an appointment of a former employee of the Federal Government following a break
in employment of at least 90 calendar days.
Qualifying service-connected
disability means a veterans service- connected disability rated at 30
percent or more by the Veteran Benefits Administration, including a combined
degree of disability of 30 percent or more that reflects multiple individual
disabilities, which resulted in the award of disability compensation under
title 38, United States Code. A temporary disability rating under 38 U.S.C.
1156 is considered a valid rating in applying this definition for as long as it
is in effect.
Service-connected has the
meaning given such term in 38 U.S.C. 101(16).
Veteran has the meaning given
such term in 38 U.S.C. 101(2).
Veterans Benefits Administration
means the Veterans Benefits Administration of the Department of Veterans
Affairs.
3 FAM 3474 Eligibility
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. An employee who is a veteran with a qualifying
service-connected disability rated at 30% or more is entitled to a separate
leave balance of up to 104 hours of disabled veteran leave for purposes of
undergoing medical treatment for such disability.
b. Disabled veteran leave must be used during the
12-month eligibility period beginning on the employees First Day of
Employment. For purposes of disabled veteran leave, the employees First Day
of Employment is the later of:
(1) The effective date of the employees qualifying
service-connected disability, as determined by the Veterans Benefits
Administration; or
(2) The earliest date an employee is Hired after the
effective date of the employees qualifying service-connected disability, as
determined by the Veterans Benefits Administration.
c. An employee is Hired for purposes of 3 FAM 3474(c)
when he/she:
(1) Receives an initial appointment to a Civil Service
or Foreign Service position;
(2) Receives a qualifying reappointment to a Civil
Service or Foreign Service position; or
(3) Returns to duty status in a Civil Service or
Foreign Service position, when such return immediately follows a break in
civilian duty (with the employee in continuous civilian leave status) to
perform military service. Continuous civilian leave status includes both
periods of paid leave (e.g. military leave, annual leave, etc.) and unpaid
leave (LWOP) taken for military service.
d. If an employees service-connected disability rating
is decreased below 30% or discontinued during the 12-month eligibility period
such that the employee no longer has a qualifying service- connected
disability:
(1) The employee must notify their HR office of the
effective date of the change in the disability rating; and
(2) The employee is no longer eligible for disabled
veteran leave as of the effective date of the rating change.
e. HR responsibilities:
The employing bureau or post HR official must verify disabled veteran leave
eligibility for any employee who claims an entitlement to disabled veteran
leave, and who has been Hired, as described in 3 FAM 3473, on
or after November 5, 2016. See 3 FAM 3474.1(f)
and 3 FAM
3476.2(b) for details.
3 FAM 3474.1 Required Veterans
Benefits Administration Documentation
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. In order to be eligible for disabled veteran leave,
an employee must provide to his/her employing bureau or post HR office
documentation from the Veterans Benefits Administration certifying that the
employee has a qualifying service-connected disability. The documentation
should be provided:
(1) Upon the First Day of Employment, if the employee
has already received such certifying documentation; or
(2) For an employee who has not yet received such
certifying documentation from the Veterans Benefit Administration, as soon as
practicable after the employee receives the certifying documentation.
b. The eligibility documentation must be in the form of
a letter or other documentation from the Veterans Benefits Administration (on
Department of Veterans Affairs letterhead) that:
(1) Certifies that the veteran has a service-connected
disability rating of 30 percent or more; and
(2) Establishes an effective date of the disability
rating.
Note: This
type of VA disability rating letter is usually several pages long and is sent
to the veteran when establishing a new or updated service-connected disability
rating. This letter is not the same as the shorter, one- or two-page letter
generated through the eBenefits web portal used to establish 10-point veterans'
preference for federal hiring purposes.
c. Before providing such documentation, the employee
should redact sensitive medical information (such as descriptions of the type
and nature of the employee's disability(ies)).
d. Notwithstanding paragraph (a), an employee may
submit certifying documentation at a later time, including after a period of
absence for medical treatment, as described in 3 FAM 3476.3.
e. The 12-month eligibility period is fixed based on the
First Day of Employment and is not affected by the timing of when certifying
documentation is provided.
f. HR
responsibilities:
(1) Upon receipt of the eligibility documentation
described in paragraphs (a)-(b) of this subsection, the employing bureau or
post HR official must complete the form DS-5140, Certification of Eligibility
for Disabled Veteran Leave.
(2) If the employee is eligible for disabled veteran
leave, the HR official must submit a copy of the form DS-5140 to the Bureau of
the Comptroller and Global Financial Services (CGFS). The HR official must
file the original form in the employees Official Personnel Folder.
(3) If the employee is not eligible for disabled
veteran leave, the HR official must file the original form in the employees
Official Personnel Folder. No copy should be submitted to CGFS.
3 FAM 3474.2 Authorizing Official
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Authorizing officials for disabled veteran leave:
(1) Chiefs of mission and principal officers, may
approve disabled veteran leave on his or her own behalf;
(2) Domestic employees: Designated bureau authorizing
official and/or immediate supervisor; and
(3) Employees abroad: Designated authorizing official
and/or immediate supervisor.
3 FAM 3475 crediting disabled veteran
leave
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Upon receipt of the certifying documentation under 3 FAM 3474.1,
the Department will credit 104 hours of disabled veteran leave in a separate
leave account to a qualifying full-time, non-seasonal employee or a
proportionally equivalent amount for employees with part-time, seasonal, or
uncommon tours of duty, except as otherwise provided in this section.
b. The proportional equivalent of 104 hours for a
full-time employee is determined for employees with other schedules as follows:
(1) For an employee with a part-time work schedule, the
104 hours is prorated based on the number of hours in the part-time schedule
(as established for leave charging purposes) relative to a full-time schedule
(e.g., 52 hours for a half-time schedule);
(2) For an employee with a seasonal work schedule, the
104 hours is prorated based on the total projected hours to be worked in an
annual period of 52 weeks (based on the seasonal employees seasonal work
periods and full-time or part-time schedule during those periods) relative to a
full-time work year of 2,080 hours (e.g., 52 hours for a seasonal employee who
works full- time for half a year); and
(3) For an employee with an uncommon tour of duty (as
defined in 5 CFR 630.201 and described in 5 CFR 630.210), 104 hours is
proportionally increased based on the number of hours in the uncommon tour
relative to the hours in a regular full-time tour (e.g., 187 hours for an
employee with a 72-hour weekly uncommon tour of duty.)
c. When an employee is converted to a different tour
of duty for leave purposes, the employees balance of unused disabled veteran
leave must be converted to the proper number of hours based on the proportion
of hours in the new tour of duty compared to the former tour of duty. For
seasonal employees, hours must be annualized in determining the proportion.
d. See 3 FAM Exhibit 3475
for further information on calculating the number of hours of disabled veteran
leave to be credited.
3 FAM 3475.1 Sick Leave Offset of
Disabled Veteran Leave
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The amount of disabled veteran leave initially credited to
an employee under 3
FAM 3475 (a) and (b) must be offset by the number of hours of sick leave an
employee has credited to his or her account as of the First Day of Employment.
For example, if an employee is being reappointed and has a
balance of 40 hours of accrued sick leave recredited from a previous federal
appointment upon his/her reappointment, the amount of disabled veteran leave to
be credited to him/her must be reduced by 40 hours (i.e., the employee would be
credited 64 hours of disabled veterans leave if he/she is a full-time
employee). Similarly, if an employee is returning to civilian duty status after
a period of leave for military service, that employee may have an existing
balance of sick leave, which must be used to offset the disabled veteran leave.
3 FAM 3476 REQUESTING AND USING
DISABLED VETERAN LEAVE
3 FAM 3476.1 Using Disabled
Veteran Leave
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
An employee may use disabled veteran leave only for the
medical treatment of a qualifying service-connected disability. The medical
treatment may include a period of rest only if such period of rest is
specifically ordered by the health care provider as part of a prescribed course
of treatment for the qualifying service-connected disability.
3 FAM 3476.2 Requesting Disabled
Veteran Leave
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Employee responsibilities:
(1) To request disabled veteran leave, an employee must
submit a completed written application, form DS-5138, Request for Disabled
Veteran Leave, to both his/her leave approving official and to his/her
bureau/post HR official.
(2) In addition to the form DS-5138, use of disabled
veteran leave must be supported by a signed written medical certification
issued by a health care provider, as described in 3 FAM 3476.2-1.
(3) An employee must request approval to use disabled
veteran leave in advance unless the need for leave is critical and not
foreseeablee.g., due to a medical emergency or the unexpected availability of
an appointment for surgery or other critical treatment. The employee must
provide notice within a reasonable period of time appropriate to the
circumstances involved.
b. HR responsibilities: Upon
receipt of the DS-5138, Request for Disabled Veteran Leave, the bureau/post HR
official must verify that the employee is eligible for disabled veteran leave
and is requesting use of disabled veteran leave within the 12-month eligibility
period, as described in 3 FAM 3474. If
the employee was previously certified eligible for disabled veteran leave, the
HR official must review the employees DS-5140 in their OPF and confirm that
the employee is requesting use of disabled veteran leave within his/her
12-month eligibility period. If the employee was not previously certified
eligible for disabled veteran leave, the HR official must verify eligibility as
described in 3
FAM 3474 and 3 FAM 3474.1.
After completing the verification, the bureau/post HR official must then notify
the leave approving official of the employees eligibility to use disabled
veteran leave.
c. Leave approving official
responsibilities: The leave approving official must verify that the
employee has enough disabled veteran leave in his/her leave balance to cover
the requested time period. Leave balance information can be provided by the
office timekeeper or by the Bureau of the Comptroller and Global Financial
Services (CGFS). The leave approving official must then grant the employee the
requested amount of disabled veteran leave, assuming the employee has that
amount of disabled veteran leave to his/her credit, subject to the medical
certification requirements in 3 FAM 3476.2-1
and the advanced notification requirement in 3476.2(a)(3).
(1) If the leave-approving official, in consultation
with the bureau/post HR official, determines that the need for leave is
critical and not foreseeable and that the employee was unable to provide advance
notice of his or her need for leave, the leave may not be delayed or denied.
3 FAM 3476.2-1 Medical
Certificates
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The employee must submit the written medical
certification to the bureau/post HR official no later than 15 calendar days
after the employees first day in a duty status following treatment except as
otherwise allowed under paragraph (b) of this section. The employee must only
submit the medical certification to the bureau/post HR official. The
bureau/post HR official will then advise the leave-approving official whether
the medical certification meets the criteria for using disabled veteran leave.
b. If the leave approving official determines it is not
practicable, under the particular circumstances, for the employee to provide
the requested medical certification within 15 calendar days after the
employees first day in a duty status following treatment, despite the
employees diligent, good faith efforts, the employee must provide the medical
certification to the employing bureau/post HR official within a reasonable
period of time under the circumstances involved, but no later than 30 calendar
days after the employees first day in a duty status following treatment.
c. An employee who does not provide the required
medical certification within the specified time period is not entitled to use
disabled veteran leave. The leave-approving official may:
(1) Approve a request from the employee for the absence
to be charged to leave without pay, sick leave, annual leave, or other forms of
paid time off, consistent with the laws and regulations governing the relevant
type of leave; or
(2) Charge the employee as absent without leave (AWOL).
d. Medical certification must include the following:
(1) A statement by the health care provider that the
medical treatment is for one or more service-connected disabilities of the
employee that resulted in 30 percent or more disability rating;
(2) The date or dates of treatment or, if the treatment
extends over several days, the beginning and ending dates of the treatment;
(3) The times of the treatment;
(4) If the leave was not requested in advance, a
statement that the treatment required was of an urgent nature or there were
other circumstances that made advanced scheduling not possible; and
(5) Any additional information that is essential to
verify the employees eligibility. If the bureau/post HR official determines
that additional information may be needed, the HR official must consult with
the Work Life Division, Office of Employee Relations, (HR/ER/WLD) before
requesting any further information or documentation from the employee.
e. The 3 FAM Exhibit
3476.2 provides a sample medical certificate that meets the requirements
listed in 3
FAM 3476.2-1.
3 FAM 3476.3 Retroactive Substitution
of Disabled Veteran Leave
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. In certain circumstances, employees may be able to
retroactively substitute disabled veteran leave for other types of
leave/approved absence used for medical treatment of a qualifying service
connected disability. One reason that retroactive substitution may be necessary
is because of the lag in time between an employees filing of a claim with the
Veterans Benefits Administration and the approval of that claim. When a claim
is approved, the employees disability rating may be effective retroactive to
the date the claim was filed. That effective date may retroactively start the
employees 12-month eligibility period. Given the possibility of retroactive substitution,
an employee with a pending disability claim under review by the Veterans
Benefits Administration should keep records regarding medical treatment for disabilities
covered by the claim.
(1) For example, an employee who was hired on or after
November 5, 2016 may have filed a claim with the Veterans Benefits
Administration on May 1, 2017. On October 1, 2017, the VBA approves the claim,
with a retroactive effective date of May 1, 2017. May 1, 2017 is the beginning
of the 12-month eligibility period and the First Day of Employment, as defined
in 3 FAM 3473.
The employee may seek to retroactively substitute disabled veteran leave for
periods of sick leave and annual leave in June 2017 taken for medical treatment
of a qualifying service connected disability. However, the employee may not
retroactively substitute disabled veteran leave for any period of medical
treatment prior to May 1, 2017, since May 1 is the First Day of Employment and
the beginning of the 12-month eligibility period.
b. When an employee did not provide certification of a
qualifying service-connected disability before having a period of absence for
treatment of such disability, the employee may request retroactive substitution
of disabled veteran leave for the periods of approved absence used for medical
treatment of a qualifying service-connected disability in the employees
12-month eligibility period. An employee may request retroactive substitution
of disabled veteran leave for periods of leave without pay, sick leave, annual
leave, compensatory time off, or other paid time off in the 12-month
eligibility period used for medical treatment of a qualifying service-connected
disability, but not for periods of suspension or absence without leave (AWOL).
c. An employee requesting retroactive substitution of
disabled veteran leave must first provide their employing bureau HR office with
certifying eligibility documentation from the Veterans Benefits Administration
as described in 3
FAM 3474.1. The employing bureau HR office will then confirm that the
employee is eligible for disabled veteran leave and is within their 12-month
eligibility period.
d. The employee must also provide his/her leave
approving official and bureau/post HR official with the DS-5138, Request for
Disabled Veteran Leave, and their bureau/post HR official with medical
certification, as described in 3 FAM 3476.2-1.
Given the possibility of retroactive substitution, an employee with a pending
disability claim under review at the Veterans Benefits Administration should
keep records regarding medical treatment for disabilities covered by the claim.
e. If the bureau/post HR official confirms that the
employee is eligible to use disabled veteran leave and is within his/her
12-month eligibility period, and the leave approving official confirms that the
employee has enough disabled veteran leave in their leave balance to cover the
requested time period, the leave approving official must then approve the
retroactive substitution of the requested amount of disabled veteran leave for
the types of absences described in 3 FAM 3476.3
(b), subject to the medical certification requirements in 3 FAM 3476.2-1.
f. If the leave approving official approves the
employees request for retroactive substitution of disabled veteran leave, such
retroactive substitution cancels the use of the original leave or paid time
off. In the case of retroactive substitution for a period when an employee
used advanced annual leave or advanced sick leave, the adjustment is a
liquidation of the leave indebtedness covered by the substitution.
g. The office timekeeper must adjust the applicable
time and attendance report(s) to reflect the retroactive substitution, as
required in 4 FAH-3
H-526.1-3.
3 FAM 3477 disabled veteran leave
forfeiture
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Disabled veteran leave not used during the 12-month
eligibility period may not be carried over to subsequent years and must be forfeited.
b. If a change in the employees disability rating
during the 12-month eligibility period causes the employee to no longer have a
qualifying service-connected disability (as described in 3 FAM 3474(d)),
any unused disabled veteran leave to the employees credit as of the effective
date of the rating change must be forfeited.
c. An employee may not receive a lump-sum payment for
any unused disabled veteran leave under any circumstance.
3 FAM 3478 disabled veteran leave,
transfer, SEPARATION, and reinstatement
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Employees who transfer between different federal
agencies or who are reinstated at a federal agency may be entitled to a
recredit of unused disabled veteran leave. As set forth below, the rules
relating to the recrediting of disabled veteran leave differ depending on the
type of transfer or reinstatement scenario at issue:
(1) Re-crediting of disabled veteran leave in
connection with transfers without a break in employment of 1 workday or more
between two federal agencies that are covered under disabled veteran leave laws
and regulations is addressed in 3 FAM 3478.1;
(2) Re-crediting of disabled veteran leave in
connection with the reinstatement of an employee at a federal agency that is
covered under disabled veteran leave laws, when the employee experiences a
break in services between positions at (a) federal agencies that is/are covered
under disabled veteran leave laws and regulations is addressed in 3 FAM 3478.2;
(3) Re-crediting of disabled veteran leave in
connection with the appointment of an employee who was previously employed by
an agency that is not covered under the disabled veteran leave laws and
regulations (e.g. Federal Aviation Administration, Transportation Security
Administration), regardless of whether there was a break in service, is
addressed in 3
FAM 3478.3. Note: An agency whose employees were not subject to 5 U.S.C.
6329 may have provided its employees with an equivalent disabled veteran leave
benefit that may affect crediting of disabled veteran leave under 3 FAM 3470.
3 FAM 3478.1 Transfer to or from Another
Agency
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. For the purpose of 3 FAM 3478, the
term transfers means movement from a position in one agency to a position in
another agency without a break in employment of 1 workday or more where service
in both positions qualifies as employment under 3 FAM 3473.
b. When an employee with a positive disabled veteran
leave balance transfers from the Department to another agency during the 12-month
eligibility period, the Bureau of the Comptroller and Global Financial Services
(CGFS) must certify the number of unused disabled veteran leave hours available
for credit by the gaining agency and the expiration date of the employees
12-month eligibility period on the form SF-1150, Record of Leave Data.
c. Employees who transfer to the Department from
another agency subject to 5 U.S.C. 6329 during the 12-month eligibility period
may be credited for unused disabled veteran leave. CGFS must recredit the
employees balance of unused disabled veteran leave if the employee is within
his/her individual 12-month eligibility period, upon receiving the form SF-1150,
Record of Leave Data, from the employees former agency certifying the number
of unused disabled veteran leave hours available for recredit and the
expiration date of the employees 12-month eligibility period.
3 FAM 3478.2 Reinstatement and Recredit
of Disabled Veteran's Leave
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. This section applies to employees who experience a
break in service between positions at the Department or between positions at
the Department and another agency, where service in both positions qualifies as
employment under 3
FAM 3473.
b. A federal employee with a balance of unused disabled
veteran leave who has a break in qualifying US Government employment of at
least 1 workday during the employees 12-month eligibility period, and later
recommences qualifying employment covered by 5 U.S.C. 6329 with either the
Department or another agency within that same eligibility period, is entitled
to a recredit of the unused balance.
c. When a former Department employee has a break in
qualifying US Government employment as described in paragraph (b) of this
section and later begins employment with another agency covered by 5 U.S.C.
6329, the Bureau of the Comptroller and Global Financial Services (CGFS) must
certify the number of unused disabled veteran leave hours available for
recredit by the gaining agency and the expiration date of the employees
12-month eligibility period on the form SF-1150, Record of Leave Data.
d. When a former federal employee has a break in qualifying
US Government employment as described in paragraph (b) and is later appointed
to a qualifying position in the Department, CGFS must recredit the employees
balance of unused disabled veteran leave if the employee is within his/her
individual 12-month eligibility period, upon receiving the form SF-1150, Record
of Leave Data, from the employees former agency, certifying the number of
unused disabled veteran leave hours available for recredit and the expiration
date of the employees 12-month eligibility period.
e. In the absence of the certification described in
paragraph (d) of this section, the recredit of disabled veteran leave may also
be supported by written documentation available to the Department in its
official personnel records concerning the employee, the official records of the
employees former employing agency, copies of contemporaneous earnings and
leave statement(s) provided by the employee, or copies of other contemporaneous
written documentation acceptable to CGFS.
3 FAM 3478.3 Special Provisions
for Transfer from Certain Specific Agencies
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. This section applies to employees who were
previously employed by an agency whose employees were not subject to 5 U.S.C.
6329 (e.g., the Federal Aviation Administration and Transportation Security
Administration) regardless of whether they experienced a break in service
between their prior employment at an agency not subject to 5 U.S.C. 6329 and
their employment at the Department of State.
b. An employee who was previously employed by an agency
whose employees were not subject to 5 U.S.C. 6329 (e.g., the Federal Aviation
Administration and Transportation Security Administration) must certify, at the
time the employee is Hired (as defined by 3 FAM 3473) as
a Civil Service or Foreign Service employee with the Department, whether or not
that former agency provided entitlement to an equivalent disabled veteran leave
benefit to be used in connection with the medical treatment of a
service-connected disability rated at 30 percent or more. The employee must
certify the date he or she commenced the period of eligibility to use the
equivalent disabled veteran leave benefit at the former agency. The form DS-5139,
Certification of Prior Use of Equivalent Disabled Veteran Leave Benefit, is
available for this purpose.
c. If 12 months have elapsed since the date on which
the employee commenced the period of eligibility to use the equivalent disabled
veteran leave benefit at the former agency, the employee will be considered to
have received the full amount of an equivalent benefit and no benefit may be
provided under this subchapter.
d. If the employee is still within the 12-month period
that began on the date on which the employee commenced the period of
eligibility to use the equivalent disabled veteran leave benefit at the former
agency, the employee must certify the number of hours of an equivalent disabled
veteran leave benefit used at the former agency. CGFS will offset the number of
hours of disabled veteran leave to be credited to the employee by the number of
such hours used by the employee at the former agency, while making no offset
under 3 FAM
3475.1. If the employee had a different type of work schedule at the former
agency, the hours used at the former agency must be converted before applying
the offset, consistent with 3 FAM 3475 (c).
e. Employee
responsibilities: All employees who were previously employed by
an agency whose employees were not subject to 5 U.S.C. 6329 (e.g., the Federal
Aviation Administration and Transportation Security Administration), regardless
of whether they experienced a break in employment since that former employment
and their employment with the Department, must certify the information
described in 3
FAM 3478.3(f)(1)(a)-(b) and (d) below via the Form DS-5139 at the time that
they are Hired by the Department.
f. HR
responsibilities:
(1) If an employing bureau or HR official determines
that an employee, as described in 3 FAM 3478.3
(a), is eligible for disabled veteran leave (see 3 FAM 3474),
the HR official must verify the following information with the employee:
(a) Whether the employees former agency provided him/her
with an entitlement to an equivalent disabled veteran leave benefit to be used
in connection with the medical treatment of a service-connected disability
rated at 30 percent or more;
(b) If the former agency provided him/her with an
entitlement to an equivalent disabled veteran leave benefit, the date on which
the employee commenced his/her period of eligibility to use disabled veteran
leave or an equivalent leave benefit in his/her former agency;
(c) Whether the employee is still within the 12-month
eligibility period that began on the date described in 3 FAM 3478.3(f)(1)(b);
and
(d) If the employee is still within the 12-month
eligibility period described in 3 FAM 3478.3(f)(1)(c),
the number of hours of an equivalent disabled veteran leave benefit he/she used
at the former agency.
(2) If the employee did not receive an equivalent
disabled veteran leave benefit from his/her former agency, the employee will
receive the full credit of disabled veteran leave with the Department, as
described in 3
FAM 3475. The HR official must then file the form DS-5139 in the
employees OPF.
(3) If the employee did receive an equivalent disabled
veteran leave benefit from their former agency and is still within the 12-month
period that began on the date on which the employee commenced the period of
eligibility to use disabled veteran leave in the former agency (described in 3 FAM 3478.3(f)(1)(c)),
the HR official must submit a copy of the form DS-5139 to CGFS to calculate the
leave offset as described in 3 FAM 3478.3(d).
The HR official must then file the original form DS-5139 in the employees OPF.
(4) If the employee did receive an equivalent disabled
veteran leave benefit and 12 months have elapsed since the date on which the
employee commenced the period of eligibility to use disabled veteran leave in
the former agency (described in 3 FAM 3478.3(f)(1)(b)),
the employee will be considered to have received the full amount of an
equivalent benefit and no further disabled veteran leave benefit may be
provided. The HR official must then file the form DS-5139 in the employees
OPF.
3 FAM 3479 Other Leave Entitlements
for Disabled Veterans
(CT:PER-944; 05-15-2019)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)
a. Under Executive Order 5396, July 17, 1930, an
employee who is a disabled veteran (regardless of the disability rating) is
entitled, upon proper notice, to use sick leave, annual leave, or leave without
pay for necessary medical treatment associated with a service-connected
disability.
b. The entitlement under this Executive Order is
separate and distinct from the entitlement to disabled veteran leave under 3 FAM 3474. As
such, a disabled veteran may take annual leave, sick leave, or leave without
pay for periods of medical treatment for a service-connected disability in
addition to any disabled veteran leave for which he/she may qualify under 3 FAM 3473.
c. In order to take annual leave, sick leave, or leave
without pay for medical treatment associated with the service-connected
disability, the employee must:
(1) Give prior notice of the date(s) and time(s) he or
she is requesting leave for medical treatment; and
(2) Provide a written statement from the health care
provider certifying the date(s) and time(s) of treatment and that the treatment
was for a service-connected disability.
3 FAM Exhibit 3475
Disabled Veteran Leave Credit
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
|
Work Schedule
|
# Hours*
|
Example
|
Offset
|
|
Full-time nonseasonal
|
104
|
104
|
Reduced by # of hours of (1) sick leave to employees
credit as of the First Day of Employment or (2) hours of an equivalent
disabled veteran leave used under another authority (if in 12-month period).
See 3 FAM
3478.3(d) and 3 FAM 3475.1.
|
|
Part-time nonseasonal
|
(x/80) x 104
|
20 hrs./week = 52 since (40/80) x 104 = 52
|
|
Uncommon tour of duty
|
(x/80) x 104
|
144 hrs./biweekly = 187 since (144/80) x 104 = 187
|
|
Seasonal tour (part-time or full-time)
|
(x/2080) x 104
|
Full-time for half year = 52 since (1040/2080) x 104 =
52
|
3 FAM Exhibit 3476.2
Sample Medical certification
(CT:PER-857; 07-05-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The following example meets the medical certification
requirements in 3 FAM 3476.2-1:
If leave was requested in advance:
<DATE>
I, <HEALTH CARE PROVIDER> certify that
<EMPLOYEE> is a patient under my care and that his/her medical treatment
from <DATE AND TIME> TO <DATE AND TIME> was for one or more
service-connected disability(ies) that resulted in his/her disability rating of
30 percent or more.
<HEALTH CARE PROVIDER SIGNATURE>
<DATE>
If leave was not requested in advance:
<DATE>
I, <HEALTH CARE PROVIDER> certify that
<EMPLOYEE> is a patient under my care and that his/her medical treatment
from <DATE AND TIME> TO <DATE AND TIME> was for one or more
service-connected disability(ies) that resulted in his/her disability rating of
30 percent or more.
I also certify that the required treatment was of an
urgent nature <OR DESCRIBE OTHER CIRCUMSTANCES> such that
<EMPLOYEE> was not able to schedule such treatment in advance.
<HEALTH CARE PROVIDER SIGNATURE>
<DATE>