Agencies may restore annual leave that was forfeited because it was
in excess of the maximum leave ceilings (i.e., 30, 45, or 90 days) if
the leave was forfeited because of—
- an administrative error;
- an exigency of the public business; or
- sickness of the employee.
Leave that is forfeited because of an exigency of the public business or
sickness of the employee may be considered for restoration only if the
annual leave was scheduled in writing before the start of the third
biweekly pay period prior to the end of the leave year. (See 5 CFR
630.308.) The determination as to what constitutes an administrative
error is the responsibility of the employing agency. A determination
that an exigency is of major importance and that excess annual leave
cannot be used must be made by the head of the agency or his or her
designee. For more information, see the
Restoration of Annual Leave fact sheet.