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Staff Manual Guide 3111.4 Attachment IV

Chapter 15

Voluntary Leave Transfer Program (VLTP)

Overview

Introduction

The Voluntary Leave Transfer Program (VLTP) permits Federal employees to transfer their unused, accrued annual leave to other employees who have been determined to have a medical or family medical emergency and have been approved as a leave recipient. All employees who earn annual leave are eligible to participate in the VLTP.

For more information, see 5 CFR, Part 630, Subpart I.

Voluntary Leave Bank Program

OPDIV's may elect to establish and administer a Voluntary Leave Bank Program, consistent with the applicable laws and OPM regulations. The Voluntary Leave Bank Program enables Federal employees to contribute accrued or accumulated annual leave to a "leave bank". The leave from this bank may be made available to employees who require leave because of a medical emergency.

For more information, see 5 CFR, Part 630, Subpart J.

Sick Leave

Sick leave may not be donated under either program.

Records and Reports

Each OPDIV is required to maintain records concerning the administration of the VLTP and may be required by OPM to report any information necessary to evaluate the effectiveness of the programs. Information which must be maintained is:

Staff Manual Guide 3111.4,Attachment IV, Sample Manual Log (for transferred leave usage)

  • The number of applications approved that affect employees;
  • The number of applications approved that affect family members of employees;
  • The grade or pay level of each donor;
  • The grade or pay level and gender of each recipient;
  • Total amount of transferred annual leave used by each recipient;
  • Any additional information OPM may require.

Other Federal Agencies

DHHS will accept the transfer of annual leave from donors employed in other Federal agencies, and employees of DHHS may donate annual leave to employees in other Federal agencies, if the other agencies will accept outside donations.

If an employee who is a current leave recipient under the VLTP transfers to another Federal agency without a break in service, the OPDIV must complete a form SF 1150-A, Transfer of Leave Records for Leave Recipient Covered by the Voluntary Leave Transfer Program. This is an addendum which must be attached to the SF-1150, Record of Leave Data, and forwarded to the receiving agency. See the page following this section, Overview, for a copy of the  SF-1150A.PDF Document

Timekeepers must inform the OPDIV's VLTP Coordinator if there is any balance left in the VLTP account of a participating employee who transfers to another Federal agency.

Definitions

Medical emergency - is a medical condition of an employee or a family member that is likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave. Such absence can be consecutive or intermittent hours during the leave year.

Absence from duty because of pregnancy and/or child birth is an acceptable reason for use of VLTP.

Family member - includes the following relatives of employees:

Staff Manual Guide 3111.4,Attachment IV, Sample Manual Log (for transferred leave usage)

  • Parents
  • Spouse and his/her parents
  • Children (including adopted children) and their spouses
  • Brothers and sisters and their spouses
  • Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship

Prohibition of Coercion

Employees may not directly or indirectly intimidate, threaten, or coerce, or attempt to do so, any other employee for the purpose of interfering with any right employees may have with respect to donating or using annual leave under the VLTP. This includes conferring, or promising to confer, any benefit or threatening any reprisal.

Retroactivity

VLTP received may be substituted retroactively for any period of LWOP, or to liquidate advanced annual or sick leave, that began on or after the date fixed by the OPDIV as the beginning of the medical emergency.

Accrual of Annual and Sick Leave During VLTP Status

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The maximum amount of annual leave or sick leave that a full-time employee may accrue while in a VLTP status is 40 hours for each approved emergency situation.

If an employee who is in a leave transfer status terminates his/her Federal service, the amount of leave in the separate accounts may not be credited to the employee's account for lump-sum leave purposes. The employee loses the annual and sick leave hours accrued while participating in the VLTP. Any unused donated leave is returned to the donor(s).

Full-time employees using donated annual leave continue to accrue annual and sick leave up to a maximum of 40 hours in each category, which must be kept in a separate account. (Sometimes this is called "banking the hours".) For part-time employees or employees with uncommon tours of duty, the maximum number is an average of the number of hours of work in the weekly scheduled tour of duty.

FDA NOTE:  The account is referred to as the "Set Aside" Account.

Once the maximum number of hours are accumulated in this separate account, leave accumulation stops. No more annual and sick leave may be accrued once the maximum accrual in the separate accounts is reached, until the medical emergency terminates.

The employee is not allowed to use the leave in the separate annual and sick leave accounts until the first pay period beginning after the medical emergency ends and the employee is no longer in a VLTP status. Exception: The only exception is that if the employee exhausts all donated leave, the hours in the separate account may be used.

Should the leave recipient return to work on a part-time schedule while still in a medical emergency situation (e.g., therapy, gradual return to work under doctor's orders, family member's therapy), he/she will earn annual and sick leave credited to the regular leave account. If the recipient uses some donated leave, but also works and uses regular leave, in any given pay period, all leave earned during that pay period is credited to the employees regular leave account (not the separate account).

FDA NOTE:  The above paragraph does not apply to FDA.

If an employee is in an advanced annual leave status when the VLTP leave begins:

  1. The OPDIV must establish procedures to ensure that 40 hours (or the appropriate number of hours for part-time and uncommon tour of duty employees) of annual leave are placed in a separate annual leave account and made available for use by the employee as described above, and
  2. The employee will continue to accrue annual leave while in a shared leave status to the extent necessary for the purpose of reducing any indebtedness caused by the use of annual leave advanced at the beginning of the leave year.

Voluntary Leave Transfer Program (VLTP) - Leave Recipient


To Apply

An employee must apply in writing to become a leave recipient. In the event that an employee is not capable of making application on his/her own behalf, another DHHS employee, a family member, or an employee's representative may make the application.

Each application for VLTP is to be initially submitted to the immediate supervisor of the potential leave recipient for consideration and must include:

  • The name, position title, and grade or pay level of the prospective leave recipient;
  • A brief description of the nature, severity, and anticipated duration of the medical or family medical emergency affecting the applicant; and
  • A statement from a physician or other appropriate expert (e.g., Christian Science Practitioner, chiropractor, psychologist, etc.) and any additional information as appropriate, that shows the nature, severity, and duration of the medical or family medical emergency.

The application should also include the timekeeper's name and number, as well as his/her phone number, and the number of hours needed.

Approval

The immediate supervisor must forward the application to the OPDIV's designated officials for consideration. Follow additional procedures as established by your OPDIV.

The employee must be notified of a decision within 10 working days after the request has been received.

If approved, the OPDIV's VLTP Coordinator must notify the leave recipient's timekeeper in writing that the employee has been placed on the VLTP. The timekeeper must also be advised of any hours received and kept updated as other donated leave is received.

If not approved, the employee must be advised of the decision and the reasons for its disapproval.

Requirements

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To qualify as a recipient under the VLTP, the potential leave recipient's absence from duty without available paid leave because of the medical emergency, or family medical emergency, must be (or be expected to be) for a prolonged period of time. The period of unpaid absence, either consecutive or intermittent hours during the leave year, must be:

  • At least 24 hours for full-time employees; and
  • For part-time employees or employees with uncommon tours of duty, at least 30% of the average number of hours of work in the biweekly scheduled tour of duty.

Before using VLTP leave, leave recipients must first use all annual and sick leave that was accrued before the medical emergency began. Exception: A leave recipient whose participation in VLTP is based on a family medical emergency must first use all annual leave and only the amount of sick leave as authorized by the Family Friendly Leave Act.

There is no limit to the number of hours which may accumulate.

Annual leave that has been transferred to a leave recipient may not be:

  • Transferred to another recipient, except in the recrediting of unused VLTP leave;
  • Made available for recredit upon re-employment by a Federal agency;
  • Included in lump-sum leave payments;
  • Used for any purpose other than the medical emergency for which it was donated; or
  • Used after the recipient's medical or family medical emergency is terminated.

The leave recipient's OPDIV shall continuously monitor the status of the medical emergency affecting the leave recipient to ensure that the leave recipient continues to be affected by a medical emergency.

Keeping Track of VLTP

Timekeepers must manually keep track of the leave recipient's VLTP leave received, used, and the balance. You may use copies of the sample VLTP Manual Log following our example;

OR

You may choose to use the HHS-564, Administrative Time and Leave Record to record hours received and used, and make a separate list of donors and number of hours each donated on a blank piece of paper.

OR

You may choose to record everything on blank pieces of paper.

Whichever method is used, the timekeeper must keep close track of VLTP hours to ensure that employees are credited with the exact number they receive and use. Timekeepers must be continually aware of balances in order to inform the supervisor, employee, and VLTP coordinator of hours available, and to report any unused hours which must be restored.

Follow procedures established by your OPDIV.

This information should be maintained in the employee's time and attendance file.


Example

magnifying lens(The Manual Log for this VLTP example is on the following pages.)

Courtney works a regular tour of 40 hours a week. She had a medical emergency and was placed in a VLTP status during pay period 16. She received and used VLTP leave as shown in the following example.

Reminder: Courtney must use all of her accrued annual and sick leave before using VLTP leave.


Blank Copy of the VLTP Manual Log

A blank copy of a sample manual log follows our example, which may be copied and used if preferred.

VLTP Manual Log

Name of recipient: FROST, COURTNEY A.  SSN: 011-11-1111
Series and grade: GS-9  Supervisor Name: HOFFMAN, BILL
Start date of emergency: 07/27/98  End Date of Emergency:
Type of emergency (check one): Personal  Family

VLTP Balance Sheet

Pay Period VLTP Leave Received CPP Beginning VLTP Leave Balance CPP VLTP Leave Used CPP Ending VLTP Leave Balance CPP
16 54 54 34 20
17 160 180 80 100
18 80 180 80 100
19 80 180 80 100
20 20 120 80 40
21 0 40 40 0
         
         
         
         
         

VLTP Manual Log

Name of recipient: FROST, COURTNEY A.

PP Number Name of Donors Hours Donated Total Hours Rcvd. for PP
16 1. Starkey, Jack H. 4 hours  
16 2. Baker, Emma 10 hours  
16 3. Fisher, Fred 8 hours  
16 4. Aldiss, Susan 14 hours  
16 5. Zebrowski, Maureen 8 hours  
16 6. Ellison, Cindy 8 hours  
16 7. Olaf, Anne. S. 2 hours 54 hours
17 8. Brown, Evelyn 10 hours  
17 9. King, Amanda 10 hours  
17 10. Jarvis, Saul E. 6 hours  
17 11. Leguin, Paul 14 hours  
17 12. Belasco, Sidney 20 hours  
17 13. Malinowski, Sid 20 hours  
17 14. Rodriguez, Elsa 40 hours  
17 15. Scarpello, Florence 40 hours 160 hours
18 16. Washington, Sylvia 12 hours  
18 17. Gross, Jean M. 8 hours  
18 18. Lewis, Henry 10 hours  
18 19. Barry, James E. 30 hours  
18 20. Van Vogt, Hilda 20 hours 80 hours
19 21. Santana, Carlos 20 hours  
19 22. Campbell, David J. 40 hours  
19 23. Blankey, George M. 20 hours 80 hours
20 24. Fry, Millie 8 hours  
20 25. Carey, Alice B. 12 hours 20 hours

VLTP Manual Log


Name of recipient: ___________________ SSN:_________________

Series and grade: ____________   Supervisor Name: _________________

Start date of emergency: _______________ End Date of Emergency:  _________________

Type of emergency (check one): ________ Personal __________ Family ____________

VLTP Balance Sheet

Pay Period VLTP Leave Received CPP Beginning VLTP Leave Balance CPP VLTP Leave Used CPP Ending VLTP Leave Balance CPP
         
         
         
         
         
         
         
         
         
         
         

VLTP Manual Log

Name of recipient:

Pay Period Number Name of Donors Hours Donated Total Received for Pay Period
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

Voluntary Leave Transfer Program (VLTP) - Leave Donor


Introduction

Once an employee has been approved as a leave recipient, those employees wishing to become leave donors may transfer a limited amount of their accrued annual leave to the recipient.

Procedure

To donate accrued annual leave within their agency, employees must voluntarily submit a written request (OPM-71- PDF or other form approved by their OPDIV and/or Optional Form 630-A - PDF) specifying the number of hours which may be transferred to a specified leave recipient.

Note in the remarks section of the OPM-71, "Annual leave donated to Recipient's Name" (include other information, if necessary).

Rules

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Employees may not donate leave to their immediate supervisors.

Only annual leave which is already accrued may be donated.

** Employees may not donate more than one-half the amount of annual leave that they are entitled to accrue during the leave year in which the donation is made. This one-half limit applies whether the leave is donated all at one time or in increments at various times during the leave year.

** Employees who are projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year ("use or lose leave") may donate the lesser of:

  • Half of the amount of annual leave that they are entitled to accrue during the leave year, or
  • The number of work hours remaining in the leave year as of the date of transfer, for which the donor is scheduled to work and receive pay. Example: Ted, who works 8 hours a day - 5 days a week, has an annual leave balance of 268 hours. There are 2 working days left in the current leave year. He may donate only 16 (2 work days) of the 28 hours scheduled for forfeiture.

** Waivers, which must be in writing, for these two restrictions may be granted by leave-approving officials.


Voluntary Leave Transfer Program (VLTP) - Interagency Transfers


Introduction

A designated VLTP coordinator located within each OPDIV is responsible for accommodating the interagency transferring, receipt, and restoration of VLTP leave.

Follow procedures established by your OPDIV.

Procedure

Employees wishing to donate leave to an employee in another Federal agency must complete Part A of form 630-B, Request to Donate Annual Leave to Leave Recipient (Outside Agency) Under the Leave Transfer Program. The completed form 630-B must then be submitted to the OPDIV VLTP Coordinator who will complete Part B of the form.

The VLTP Coordinator must verify the leave balance of the donor and ensure that the timekeeper charges the leave being donated against the donor's account.

See the following page for a copy of form 630-B. - PDF

Donations From Another Federal Agency

On receipt of official authorization from a representative of another Federal agency, the VLTP coordinator must advise the employee's timekeeper of the amount of annual leave being transferred to the recipient. The timekeeper records the number of hours on his/her manual log and credits the recipient with those VLTP hours for appropriate use.

At the end of the medical emergency, the timekeeper must notify the VLTP Coordinator of the number of unused hours of donated leave, if any.

Donations To Another Federal Agency

The transfer of annual leave from an HHS employee to an employee in another Federal agency is processed in the same manner as that received from another agency. The timekeeper of the employee who is donating leave must deduct the number of hours of annual leave that are being donated from the employee's account and then forward the paperwork to the OPDIV VLTP Coordinator for processing to the other agency.


Voluntary Leave Transfer Program (VLTP) - Medical Emergency Ends


Medical Emergency Ends

The medical emergency/family medical emergency ends:

  • When a leave recipient leaves the Federal government; or
  • At the end of the pay period in which written notice is received from the employee, employee's representative or employing agency, that the leave recipient is no longer affected by a medical emergency; or
  • At the end of the pay period in which HHS receives notice from the Office of Personnel Management that an application for disability retirement has been approved.

Unused VLTP Leave

Once the medical or family medical emergency is terminated, no further donated leave may be received by the employee, and any unused donated annual leave must be restored to the donor(s).

Exception: If the total number of eligible donors exceeds the total number of hours of annual leave to be restored, no unused donated annual leave shall be restored.

The timekeeper must notify the OPDIV's VLTP coordinator, or other designated official, of any unused donated leave once the medical emergency is terminated. The VLTP coordinator must compute the number of hours to be restored to each donor and advise the donor(s) and his/her timekeeper(s) of the number of hours to be restored.

The VLTP leave is restored on a percentage basis and the number of employees involved. The amount of leave restored to a donor cannot exceed the amount of leave donated by that donor.

If a donor retires or leaves federal service before the date on which the VLTP leave can be restored, then no leave is restored to that donor.

Donor Options

On receipt of unused VLTP annual leave hours, each donor has five options available to him/her for the restored hours. Donors may use the following chart to determine which option is best in each individual situation.

Table of Options

Options for Restoring Unused VLTP Leave

OPTION 1 Have all of the restored VLTP leave re-credited immediately to the donor's annual leave account in the current leave year.
OPTION 2 Have all of the restored VLTP leave re-credited to the donor's annual leave account at the beginning of the next leave year.
OPTION 3 Transfer all of the restored VLTP leave to another approved VLTP leave recipient.
OPTION 4 Transfer part of the restored VLTP leave to another approved VLTP leave recipient and have the remaining amount restored to the donor's annual leave account immediately in the current leave year.
OPTION 5 Transfer part of the restored VLTP leave to another approved VLTP leave recipient and have the remaining amount restored to the donor's annual leave account at the beginning of the next leave year.

Restored VLTP leave is subject to end-of-leave-year balance limitations in the year during which it is restored. Any leave that exceeds the maximum carryover allowable at the end of the leave year will be forfeited.

Example: Mickey donated 20 hours of annual leave to a VLTP employee. He and his timekeeper received a written memorandum authorizing the re-crediting of 10 hours of unused VLTP leave. Mickey's current "use or lose" leave balance is 40 hours.

The annual leave was transferred and re-credited in the same leave year.

If Mickey elects Option 1, because the leave would be re-credited to his annual leave balance for the current leave year, the restored 10 hours will become "use or lose" leave. Unless he plans to use it prior to the end of the leave year, Option 1 is not the best one for Mickey.

Option 2 allows the leave to be re-credited to an annual leave account as of the first day of the first pay period of the next leave year. Although it becomes subject to the maximum carryover, this would be a better option for Mickey because he has more time to use it.

Edited 2001-11-9