Disabled veterans hired as a federal civilian employee after Nov. 5 have a new benefit and opportunity to use the Wounded Warriors Federal Leave Act of 2015 that allows disabled veterans up to 104 hours of immediate sick leave for up to one year.
The leave is offered to disabled veterans with a service-connected disability of 30 percent or more that will allow them to attend medical appointments through the new leave program.
Prior to DVL, Erika Jaskolski, the director of Fort Knox's Civilian Personnel Advisory Center, said disabled veterans had to use leave without pay or annual leave, whichever they had available to them. She added that brand new employees in most instances wouldn't have any leave available so many used LWOP to attend a doctor's appointment. With DVL disabled veterans now have sick leave.
"DVL is a one-time benefit during a 12-month period beginning on an eligible employee's first day of employment and may not exceed 104 hours for a regular full-time employee," explained Jaskolski. "DVL not used during the 12-month eligibility period may not be carried over to subsequent years and will be forfeited. The new leave category is a one-time benefit and is limited to a 12-month period.
"For those veterans who qualify, 104 hours of sick leave will be credited to their sick leave account at the time hired. Veterans who obtain 30 percent or more after being hired but within the first year must provide documentation to the CPAC to obtain the entitlement."
Jaskolski said disabled veterans don't have to fill out an application to be eligible for the entitlement. Once the disabled veterans receive their ratings letter from Veterans Affairs documenting their combined 30 percent or higher rating they are eligible to use DVL.
"It's important that you contact your servicing Civilian Personnel (Advisory) Center so your personnel record can be updated to reflect your veterans' preference," she said.
Jaskolski added that a disabled veteran hired before Nov. 5 might be eligible for the 104 hours of leave. For example, if a veteran was discharged from the military in July 2014 and is hired to fill a qualifying federal civilian position Dec. 1, but has not filed a claim for veteran disability benefits, the agency can't credit the employee with the DVL at the time of hire because the employee's eligibility for the benefit hasn't been established by VA. Subsequently, March 4, 2017 the employee files a claim and June 5, 2017 Veterans Benefits Administration issues a decision that the employee has a service-connected disability rating of 30 percent. In this case the disability rating is effective on the date the employee filed the claim, March 4. After the employee provides the employing agency with documentation, the agency establishes March 4 as the "first day of employment" and as the beginning date of the employee's 12-month eligibility period, and credits the employee with disabled veteran leave.
"While the disability may have existed as the employee waited the VBA determination, the act provides that disabled veteran leave may be provided only to an employee who actually has a service-connected disability rating of 30 percent or more," explained Jaskolski.
She pointed out that disabled veterans hired before Nov. 5 can become eligible for DVL if an employee is a reservist or member of the National Guard and has a 30 percent service-connected disability and called up to perform military duty he or she becomes eligible for DVL upon return to civilian employment. However, the amount of creditable disabled veteran leave will be offset by any sick leave balance in effect as of the beginning of the 12-month eligibility period.
Employees rehired after Nov. 5 with at least a 90-day break in service also become eligible for DVL, Jaskolski said.
Jaskolski added that the offset provision is the amount of DVL initially credited to an employee that must be offset by the number of hours of sick leave an employee has credited to his or her account as of the first day of the benefit period. Offset applies whenever the employee has a sick leave balance before becoming eligible for DVL.
Although the leave is immediately available, Jaskolski said it won't show up on the veteran's leave and earning statement because the payroll system won't be updated until April 2017.
"Until that time supervisors will need to track usage," said Jaskolski. "If needed, supervisors can contact their customer service representatives and request a DVL usage report. However, for the report to be accurate, it is critical that DVL is correctly coded in the timekeeping system."
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