3 FAM 3470 DISABLED VETERAN LEAVE

UNCLASSIFIED (U)

3 FAM 3470

disabled veteran LEAVE

(CT:PER-993; 05-26-2020)
(Office of Origin: GTM/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 employee’s qualifying service-connected disability, as determined by the Veterans Benefits Administration; or

(2) The effective date of the employee’s 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 employee’s 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 veteran’s qualifying service-connected disability.

Medical treatment means any activity carried out or prescribed by a health care provider to treat a veteran’s 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 veteran’s 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-993; 05-26-2020)
(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 employee’s First Day of Employment. For purposes of disabled veteran leave, the employee’s First Day of Employment is the later of:

(1) The effective date of the employee’s 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 employee’s 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 employee’s 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 GTM 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 employee’s Official Personnel Folder.

(3) If the employee is not eligible for disabled veteran leave, the HR official must file the original form in the employee’s 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 employee’s 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 employee’s 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 foreseeable—e.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 employee’s 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 employee’s 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-993; 05-26-2020)
(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 employee’s 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 employee’s first day in a duty status following treatment, despite the employee’s 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 employee’s 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 employee’s 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, (GTM/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 employee’s filing of a claim with the Veterans Benefits Administration and the approval of that claim. When a claim is approved, the employee’s disability rating may be effective retroactive to the date the claim was filed. That effective date may retroactively start the employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s former agency certifying the number of unused disabled veteran leave hours available for recredit and the expiration date of the employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s former agency, certifying the number of unused disabled veteran leave hours available for recredit and the expiration date of the employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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.

<DATE>

If leave was not requested in advance:

<DATE>

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.

<DATE>

UNCLASSIFIED (U)