SUMMARY:  Yesterday, the House approved Representative Wexton’s amendment to the NDAA that would ensure employees serving during the pandemic can carry over “use or lose” annual leave.

Yesterday, as part of the House of Representatives action on H.R. 6395, the National Defense Authorization Act for FY 2021 (NDAA), the House approved an amendment offered by Representative Jennifer Wexton (D-VA) that would allow federal employees serving during the pandemic to carry over unused annual leave over the 240-hour cap.

As you know, under current law, federal employees who do not take their earned annual leave are able to roll over up to 240 hours of their unused annual leave into the next calendar year.  This year, because of the pandemic and stay at home orders, many federal employees have not and likely will not be able to use their earned annual leave and will lose any unused leave they have earned over 240 hours at the end of the year.  Representative Wexton’s amendment would address this issue by including pandemics as an exigency of public business for purposes of federal employee leave roll over, which would allow earned annual leave hours in excess of 240 to be rolled over into next year for federal employees who are serving during the pandemic.  

It is unlikely that the Senate NDAA will contain a similar provision, but NTEU will continue to push lawmakers to include this provision in the final bill that is signed into law.

                                                                                    Anthony M. Reardon

                                                                                    National President