[Congressional Record Volume 165, Number 156 (Thursday, September 26, 2019)]
[Senate]
[Pages S5741-S5743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
U.S. SENATE DISABLED VETERAN LEAVE REGULATIONS
Mr. BLUNT. Mr. President, in accordance with rule 23 of the Rules of
Procedure of the Committee on Rules and Administration and pursuant to
Public Law 115-364, on September 25, 2019, the Committee adopted the
U.S. Senate Disabled Veteran Leave Regulations.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate Disabled Veteran Leave Regulations
Adopted by the Committee on Rules and Administration on September 25,
2019
Sec. 1301 Purpose and authority.
These regulations implement 5 U.S.C. Sec. 6329, which
establishes a leave category, to be known as ``disabled
veteran leave,'' for an eligible employee who is a veteran
with a service-connected disability rated at 30 percent or
more. Such an employee is entitled to this leave for purposes
of undergoing medical treatment for such disability. Disabled
veteran leave must be used during the 12-month period
beginning on the first day of employment. The Committee's
authority to promulgate these regulations is found in section
1(b) of Public Law 115-364.
Sec. 1302 Applicability.
These regulations apply to a Senate employee who is a
veteran with a service-connected disability rated at 30
percent or more, subject to the conditions specified in these
regulations. These regulations apply only to a Senate
employee who is hired on or after November 5, 2016.
Sec. 1303 Definitions.
In these regulations:
``12-month eligibility period'' means the continuous 12-
month period that begins on the first day of employment.
``Agency'' means an agency of the Federal Government. In
the case of an agency in the Executive branch, it means an
Executive agency as defined in 5 U.S.C. Sec. 105.
``Employee'' has the meaning given that term in 5 U.S.C.
Sec. 6329(d).
``Employing office'' has the meaning given that term in 2
U.S.C Sec. 1301(9).
``Employment'' means service as an employee during which
the employee is covered by a leave system or leave policy
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. Sec. 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.
``Health care provider'' has the meaning given that term in
5 C.F.R. Sec. 630.1202.
``Hired'' means the action of--
(1) Receiving an initial appointment to a civilian position
in the Federal Government in which the service qualifies as
employment under these regulations or any other regulations
promulgated to implement 5 U.S.C. Sec. 6329;
(2) Receiving a qualifying reappointment to a civilian
position in the Federal Government in which the service
qualifies as employment under these regulations or any other
regulations promulgated to implement 5 U.S.C. Sec. 6329; or
(3) Returning to duty status in a civilian position in the
Federal Government in which the service qualifies as
employment under these regulations or any other regulations
promulgated to implement 5 U.S.C. Sec. 6329, when such return
immediately followed a break in civilian duty (with the
employee in continuous civilian leave status) to perform
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. Sec. 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 the combined effect of 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. Sec. 1156 is considered a
valid rating in applying this definition for as long as it is
in effect.
``Senate employee'' means an employee occupying a position
of employment the pay for which is disbursed by the Secretary
of the Senate and who is covered by the leave policies of the
employee's Senate employing office.
``Senate employing office'' means the personal office of a
Senator, a committee of the Senate, and any other office
headed by a person with the final authority to appoint, hire,
discharge, and set the terms, conditions, or privileges of
employment of a Senate employee.
``Service-connected'' has the meaning given such term in 38
U.S.C. Sec. 101(16).
``Sick leave'' means any paid leave offered by a Senate
employing office that can be used by an employee to continue
pay during periods of absence caused by the employee's
medical illness or injury or the employee's medical
appointments.
``Veteran'' has the meaning given such term in 38
Sec. U.S.C. 101(2).
``Veterans Benefits Administration'' means the Veterans
Benefits Administration of the Department of Veterans
Affairs.
Sec. 1304 Eligibility.
(a) A Senate employee who is a veteran with a qualifying
service-connected disability is entitled to disabled veteran
leave under these regulations, which will be available for
use during the 12-month eligibility period beginning on the
first day of employment. For each employee, including a
Senate employee, there is a single first day of employment.
(b) To be eligible for disabled veteran leave, a Senate
employee must provide to the Senate employing office
documentation from the Veterans Benefits Administration
certifying that the Senate employee has a qualifying service-
connected disability. The documentation should be provided to
the Senate employing office--
(1) Upon the first day of employment, if the Senate
employee has already received such certifying documentation;
or
(2) For a Senate employee who has not yet received such
certifying documentation from the Veterans Benefit
Administration, as soon as practicable after the Senate
employee receives the certifying documentation.
(c) Notwithstanding paragraph (b) of this section, a Senate
employee may submit certifying documentation at a later time,
including after a period of absence for medical treatment, as
described in Sec. 1306(c). 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.
(d) If a Senate employee's service-connected disability
rating is decreased or discontinued during the 12-month
eligibility period such that the Senate employee no longer
has a qualifying service-connected disability--
(1) The Senate employee must notify the Senate employing
office of the effective date of the change in the disability
rating; and
[[Page S5742]]
(2) The Senate employee is no longer eligible for disabled
veteran leave as of the effective date of the rating change.
Sec. 1305 Crediting disabled veteran leave.
(a) Upon receipt of the certifying documentation under
Sec. 1304, a Senate employing office must credit 104 hours of
disabled veteran leave to a full-time, non-temporary Senate
employee or a proportionally equivalent amount for a part-
time Senate employee, except as otherwise provided in this
section.
(b) The proportional equivalent of 104 hours for a full-
time Senate employee is determined for part-time Senate
employees as follows: 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).
(c) When a Senate employee is converted to a different
schedule for leave purposes, the Senate 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
schedule compared to the former schedule. For short--term or
temporary employees, hours must be annualized in determining
the proportion.
(d)(1) A Senate employee who was previously employed by an
agency or employing office whose employees were not subject
to 5 U.S.C. Sec. 6329 must certify, at the time the Senate
employee is hired by a Senate employing office, whether or
not that former agency or employing office 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
Senate employee must certify the date he or she commenced the
period of eligibility to use disabled veteran leave in the
former agency or employing office.
(2) If 12 months have elapsed since the commencing date
referenced in paragraph (e)(1) of this section, the Senate
employee will be considered to have received the full amount
of an equivalent benefit and no benefit may be provided under
these regulations.
(3) If the Senate employee is still within the 12-month
period that began on the commencing date referenced in
paragraph (e)(1) of this section, the Senate employee must
certify the number of hours of disabled veteran leave used at
the former agency or employing office. The gaining Senate
employing office must offset the number of hours of disabled
veteran leave to be credited to the Senate employee by the
number of such hours used by the Senate employee at the
former agency or employing office, while making no offset
under paragraph (d) of this section. If the Senate employee
had a different type of work schedule at the former agency or
employing office, the hours used at the former agency or
employing office must be converted before applying the
offset, consistent with Sec. 1305(c).
Sec. 1306 Requesting and using disabled veteran leave.
(a) A Senate 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, 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.
(b)(1) A Senate employee must submit a request--written,
oral, or electronic, as required by the Senate employing
office--to use disabled veteran leave. The request must
include a personal self-certification by the Senate employee
that the requested leave will be (or was) used for purposes
of being furnished medical treatment for a qualifying
service-connected disability. The request must also include
the specific days and hours of absence required for the
treatment. The request must be submitted within such time
limits as the Senate employing office may require.
(2) A Senate employee must submit the request for approval
to use disabled veteran leave in advance of the need for
leave 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 Senate employee must provide
notice within a reasonable period of time appropriate to the
circumstances involved. If the Senate employing office
determines that the need for leave is critical and not
foreseeable and that the Senate employee is unable to provide
advance notice of the need for leave, the leave may not be
delayed or denied.
(c)(1) When a Senate employee did not provide the Senate
employing office with certification of a qualifying service-
connected disability before having a period of absence for
treatment of such disability, the Senate employee is entitled
to substitute approved disabled veteran leave retroactively
for such period of absence (excluding periods of suspension,
but including leave at Senate minimum pay, sick leave, annual
leave, compensatory time off, or other paid time off) in the
12-month eligibility period. Such retroactive substitution
cancels the use of the original leave or paid time off and
requires appropriate adjustments. In the case of retroactive
substitution for a period when a Senate employee used
advanced annual leave or advanced sick leave, the
adjustment is a liquidation of the leave indebtedness
covered by the substitution.
(2) A Senate employing office may require a Senate employee
to submit the medical certification described in Sec. 1307(a)
before approving such retroactive substitution.
Sec. 1307 Medical certification.
(a) In addition to the Senate employee's self-certification
required under Sec. 1306(b)(1), a Senate employing office may
additionally require that the use of disabled veteran leave
be supported by a signed written medical certification issued
by a health care provider.
(b) When a Senate employing office requires a signed
written medical certification by a health care provider, the
Senate employing office may specify that the certification
include--
(1) A statement by the health care provider that the
medical treatment is for one or more service-connected
disabilities of the Senate 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) 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
(4) Any additional information that is essential to verify
the Senate employee's eligibility.
(c)(1) A Senate employee must provide any required written
medical certification no later than 15 calendar days after
the date the Senate employing office requests such medical
certification, except as otherwise allowed under paragraph
(c)(2) of this section.
(2) If the Senate employing office determines it is not
practicable under the particular circumstances for the Senate
employee to provide the requested medical certification
within 15 calendar days after the date requested by the
Senate employing office despite the Senate employee's
diligent, good faith efforts, the Senate employee must
provide the medical certification within a reasonable period
of time under the circumstances involved, but in no case
later than 60 calendar days after the date the Senate
employing office requests such documentation.
(3) A Senate employee who does not provide the required
evidence or medical certification within the specified time
period is not entitled to use disabled veteran leave, and the
Senate employing office may, as appropriate and consistent
with applicable laws and regulations, elect to either--
(i) Charge the absence against available forms of paid time
off, such as sick leave or annual leave, or reduce the Senate
employee's salary to an amount not less than the Senate
minimum annual rate of pay for the period of absence; or
(ii) Allow the Senate employee to request that the absence
be charged against the Senate employee's sick leave, annual
leave, or other available forms of paid time off.
Sec. 1308 Disabled veteran leave forfeiture, transfer,
reinstatement.
(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 Senate employee's disability rating
during the 12-month eligibility period causes the Senate
employee to no longer have a qualifying service-connected
disability (as described in Sec. 1304(d)), any unused
disabled veteran leave to the Senate employee's credit as of
the effective date of the rating change must be forfeited.
(c) When a Senate employee with a positive disabled veteran
leave balance transfers from the payroll of one Senate
employing office to the payroll of another Senate employing
office during the 12-month eligibility period, the Senate
employing office from which the Senate employee departs must
certify the number of unused disabled veteran leave hours
available for credit by the gaining Senate employing office.
The losing Senate employing office must also certify the
expiration date of the Senate employee's 12-month eligibility
period to the gaining Senate employing office. Any unused
disabled veteran leave will be forfeited at the end of that
eligibility period. For the purpose of this paragraph, the
term ``transfers'' shall have such meaning as is ascribed to
it by the Secretary of the Senate.
(d)(1) A Senate employee with a balance of unused disabled
veteran leave who ceases employment with a Senate employing
office during the employee's 12-month eligibility period, and
later recommences employment covered by 5 U.S.C. Sec. 6329
with a Senate employing office within that same eligibility
period, is entitled to a recredit of the unused balance.
=========================== NOTE ===========================
On page S5742, September 26, 2019, third column, the following
appears: (d)(1) A Senate employee with a balance of unused
disabled veteran leave who ceases employment with a Senate
employing office during the employee's 12-month eligibility
period, and later recommences employment covered by 5 U.S.C.
Sec. 6329 with a Senate employing office within that same
eligibility period, is entitled to a of the unused balance.
The online Record has been corrected to read: (d)(1) A Senate
employee with a balance of unused disabled veteran leave who
ceases employment with a Senate employing office during the
employee's 12-month eligibility period, and later recommences
employment covered by 5 U.S.C. Sec. 6329 with a Senate employing
office within that same eligibility period, is entitled to a
recredit of the unused balance.
========================= END NOTE =========================
(2) When a Senate employee has a break in employment as
described in paragraph (d)(1) of this section, the losing
Senate employing office must certify the number of unused
disabled veteran leave hours available for recredit by the
gaining Senate employing office. The losing Senate employing
office must also certify the expiration date of the
employee's 12-month eligibility period. Any unused disabled
veteran leave must be forfeited at the end of that
eligibility period.
(3) In the absence of the certification described in
paragraph (d)(2) of this section, the recredit of disabled
veteran leave may also be supported by written documentation
available to the gaining Senate employing office in its
official personnel records concerning the employee, copies of
contemporaneous earnings and leave statement(s) provided by
the Senate employee, or copies of other contemporaneous
written documentation acceptable to the gaining Senate
employing office.
[[Page S5743]]
(e) A Senate employee may not receive a lump-sum payment
for any unused disabled veteran leave under any circumstance.
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