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OPM Issues Proposed Rule for “Disabled Veteran Leave”

June 21, 2016 by YTI Web

  On June 6, 2016, the Office of Personnel Management (OPM) issued a Notice of Proposed Rulemaking to implement the Wounded Warriors Federal Leave Act of 2015 (Public Law No. 114-75), which establishes a new leave category for federal employees known as “disabled veteran leave.” Comments by the public regarding the proposed rule must be received by OPM on or before July 6, 2016. Comments must include the following RIN identification number “3206-AN31” and must be submitted using either of the following methods:

  • Federal eRulemaking Portal: regulations.gov. Follow the instructions for submitting comments.
  • Email: pay-leave-policy@opm.gov

Below is an overview of the key policies included in the proposed rule:

  1. The proposed rule establishes a new leave category to be known as “disabled veteran leave.”
  2. The disabled veteran leave will be available for use by an employee who is a veteran with a service-connected disability rated at 30 percent or more.
  3. By law, disabled veteran leave is available only to covered employees who are hired on or after November 5, 2016.
  4. Such an employee is entitled to disabled veteran leave for purposes of undergoing medical treatment for such disability. The medical treatment may include a period of rest, but 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.
  5. The employee must file an application to use disabled veteran leave. The application must include a personal self-certification that the requested leave will be used for purposes of being furnished medical treatment for a qualifying service-connected disability. In addition, a federal agency may require that the use of disabled veteran leave be supported by a signed written medical certification issued by a health care provider.
  6. Disabled medical leave must be used during the 12-month period beginning on the first day of employment following the military service during which the employee incurred such disability. Disabled veteran leave not used during the 12-month period may not be carried over to subsequent years and will be forfeited. An employee may not receive a lump-sum payment for any unused disabled veteran leave under any circumstances.

To learn more about the proposed rule on “Disabled Veteran Leave and Other Miscellaneous Changes,” visit the Federal Register at https://www.federalregister.gov/articles/2016/06/06/2016-13285/disabled-veteran-leave-and-other-miscellaneous-changes.

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