Submitted by LCDR Kyle Lyons
Force Management and Policy Group
Division of Commissioned Corps Personnel and Readiness

The maximum annual leave which may be carried forward from one leave year to the next is 60 days. The leave year is a calendar year, with the period beginning 1 January and ending on 31 December. The 60-day limitation on the amount of unused annual leave that can be carried forward from one year to the next is imposed by statute, 42 USC §210-1a. Therefore, no waiver is legally permissible. In other words, no one can grant an exception. This 60 day limitation does not apply to Corps officers detailed to any of the armed forces. In accordance with his/her specific Memorandum of Agreement, they may be permitted to carry-over 75-days per year.

Officers are encouraged to schedule their annual leave so as to preclude any disappointments or misunderstandings resulting from the loss of accrued leave at the end of the year. Officers are also encouraged to utilize annual leave throughout the year to allow for restorative rest and recuperation from duty and not place one’s self in jeopardy at the end of the calendar year with a “use or lose” situation.

All leave requests, be it annual leave, sick leave or administrative leave must be approved in advanced, or in the case of sick leave, as soon as possible. Merely submitting a PHS-1345, “Request and Authority for Leave of Absence” slip does not automatically affirm that leave has been granted. The excuse “I submitted my form” is not valid if written authorization is not actually obtained. Without prior authorization, an officer may be placed into an Absent Without Leave (AWOL) status. While in an AWOL status, officers do not receive pay nor are eligible for other entitlements (i.e., medical care) during such status. An officer who is AWOL for 30 or more days may be dropped from the rolls (involuntarily separated) from the Service. This may affect his/her eligibility for certain Department of Veterans Affairs entitlements or benefits.

E-mail your questions to James.lyons@hhs.gov or call 240-453-6098.