Use or Lose 2022

I-2022-15


Effective Date: Expiration Date: Chapters:
Oct. 14, 2022 March 26, 2023 12  

Overview

This issuance serves as a reminder that District government employees may not carry over more than 240 hours of annual leave or more than 40 hours of universal leave beyond December 31, 2022. Employees are encouraged to use or donate their excess annual and universal leave ("accrued leave"). This issuance provides updated information on excess accrued leave for 2022, the opportunity to donate excess leave to the Annual Leave Bank Program, and accrued leave restored from 2020 and 2021. 

NOTE: Employees have two years to use restored leave. Since the leave was restored due to the public health emergency, employees have two full leave years to use their restored leave from the date the public health emergency expired in April 2022.

Leave Accrued in 2022

District government employees may not carry over more than 240 hours of annual leave or more than 40 hours of universal leave beyond December 31, 2022. Employees are encouraged to use or donate their excess leave. 

Annual and Universal Leave Limits

  1. District government employees who are eligible to accrue annual leave can only carry over a maximum amount of 240 hours of annual leave into the next leave year. Any annual leave to their credit in excess of the 240 hours (also referred to as “use or lose”) will be forfeited (lost) at the end of this leave year.
  2. Executive service employees accrue universal leave and may only carry over a maximum of 40 hours of universal leave into the next year. Similar to annual leave, any universal leave to the credit of an executive service employee in excess of 40 hours will be forfeited (lost) at the end of this leave year.
  3. Accordingly, employees with “use or lose” accrued leave must use such leave no later than December 31, 2022. Otherwise, the excess accrued leave will be forfeited.
NOTE: The Department of Human Resources will automatically adjust excess annual and universal leave with restored leave, if the employee used restored leave in 2022. For example, if Mike used 40 hours of restored leave in 2022 for a vacation but has 280 hours of annual leave at the end of 2022, DCHR will substitute annual leave for the vacation and return 40 hours of restored leave, increasing Mike’s restored leave balance and giving him until the end of April 2024 to use those 40 hours.

Withdrawal of Approved Use or Lose Leave

In certain situations, it may be necessary for a manager or supervisor to cancel an employee’s previously approved accrued leave request due to the demands of the agency or office. To cancel an annual or universal leave request, managers or supervisors can take one of the following actions, as appropriate, based on the leave approval process established by the agency.

Withdrawal of Annual Leave Using PeopleSoft

For step-by-step instructions, see Attachment A – Withdrawal of Annual Leaving Using PeopleSoft.

Withdrawal of Annual Leave Outside of PeopleSoft

To disapprove a leave request outside of PeopleSoft, complete a revised D.C. Standard Form (DCSF) 71, Application for Leave (or equivalent form), as appropriate. For instructions, see Attachment B -  Withdrawal of Annual Leave Outside of PeopleSoft.

Timekeeper (or Equivalent) Support

Managers and supervisors can obtain additional guidance related to recording time in PeopleSoft or completing the DCSF 71 (or equivalent form) from their agency timekeeper, Payroll Supervisor or Quality Assurance Liaison (or equivalent).

Restoring Forfeited Annual Leave

Annual leave that would otherwise be forfeited (lost) may be restored for later use if the annual leave was:

  1. Lost due to an administrative error,
  2. Scheduled by November 21, 2022, approved in writing, and subsequently denied due to the demands of the public business, or
  3. Substituted for sick leave if an employee becomes sick while on scheduled annual leave (with supervisory approval).

The Office of Pay and Retirement Services (OPRS) routinely disseminates guidance on annual leave restoration, and on required information that an agency must send to OPRS. District agencies are reminded that supporting documentation need not be included when sending leave restoration requests to OPRS but should be preserved in case they are later requested.

NOTE: If an employee submitted an annual leave request at any time after January 2, 2022 (the start of the 2022 leave year), and the employee fails to take the leave after the agency approves the leave, that leave cannot be restored unless it was disapproved prior to the effective date of the leave.

Employees with excess accrued leave are encouraged to donate their excess hours to the annual leave bank to support their colleagues. 


Donating Annual Leave

The District’s Annual Leave Bank Program allows employees to contribute unused, accrued annual leave to leave bank members who:

  1. Experienced a personal or family medical emergency, and 
  2. Exhausted their available paid leave.

Employees may donate annual leave by completing the DCSF No. ALB-01 "Application to Donate Leave to the Leave Bank" form. The form must be submitted to the appropriate agency official no later than December 4, 2022. Agencies must forward all DCSF No. ALB-01 forms to DCHR’s Benefits and Retirement Administration’s inbox at dchr.benefits@dc.gov no later than December 18, 2022.


Leave Restored from 2020 and 2021

As the Covid-19 Public Health Emergency ended on April 16, 2022, and because of the limited opportunities to use leave during the emergency, any restored leave from 2020 and 2021 will remain available for employees’ use through the end of April 2024. 


Applicability

The provisions of this issuance apply to those District government agencies which are subordinate to the Mayor’s personnel authority. Other personnel authorities or independent agencies may adopt any or all these procedures to provide guidance to employees under their respective jurisdictions. 


Collective Bargaining Agreements

In the event of a conflict between any of the provisions of this issuance and any collective bargaining agreement (CBA), the provisions of the CBA shall control to the extent there is a difference. 


Additional Information

Inquiries concerning the provisions of this issuance can be directed to the Policy and Compliance Administration, DCHR, at dchr.policy@dc.gov


References

  1. Human Resources Management, 6-B DCMR § 100 et seq.
  2. Hours of Work; Legal Holidays; Leave, D.C. Official Code § 1-612.01 et seq.
  3. Annual Leave – Maximum Accumulation, 6-B DCMR § 1238
  4. Annual Leave – Restoration, 6-B DCMR § 1239
  5. Annual Leave Bank provisions, 6-B DCMR §§ 1238-1239, 6-B DCMR §§ 1250 through 1258 

Attachments

  1. Attachment A - Withdrawal of Annual Leave Using PeopleSoft
  2. Attachment B - Withdrawal of Annual Leave Outside of PeopleSoft
  3. DCSF No. ALB-01 - Application to Donate Leave to the Leave Bank
  4. Restored and Annual Leave FAQ

Issued by Interim Director E. Lindsey Maxwell II, Esq., D.C. Department of Human Resources on Oct. 14, 2022, 10:04 a.m.