[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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