What if an employee is unable to use his or her annual leave before the end of the leave year because he or she has been working on disaster or emergency response efforts?
5 U.S.C. 6304(d)(1)(B) permits the restoration of annual leave that is forfeited due to an exigency of the public business, when the annual leave was scheduled in advance. For leave to be eligible for restoration, 5 CFR 630.308(a) requires employees to schedule their excess annual leave in writing before the start of the third biweekly pay period prior to the end of the leave year. Officials who have been delegated the authority to approve exigencies by the Head of DoD Component (see DoD 1400.25-M, SC630.4.) may approve the restoration of excess annual leave for employees who have been determined to be essential to relief/clean-up efforts related to a natural disaster, emergency situations or other similar exigencies. An employee must use his or her restored annual leave not later than the end of the leave year ending 2 years after the termination date of the exigency of the public business. (See 5 CFR 630.306.) For example, if the exigency of the public business terminates in February
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