02 June, 2009
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Delegation of Authority to Waive the Limitations on Donating Annual Leave
Under the Voluntary Leave Transfer Program
Title 5, Code of Federal Regulations (CFR), Section 630.908, limits the amount of annual leave that an employee may donate under the Voluntary Leave Transfer Program (VLTP). The limitations under paragraphs (a) and (b) of 5 CFR §630.908 may be waived under criteria established by the agency.
The authority to waive limitations on donating annual leave under paragraphs (a) and (b) of 5 CFR §630.908 is hereby delegated to the Commanders of the Army Commands, Commanders of the Army Service Component Commands, Commanders/Superintendent of the Direct Reporting Units, and the Administrative Assistant to the Secretary of the Army (AASA) for leave donor employees under their purview. For purposes of this delegation, the Principal Officials of the Headquarters, Department of the Army, their staffs and other elements, Field Operating Agencies, Staff Support Agencies and those Direct Reporting Units not covered above (to include the U.S. Army Acquisition Support Center) fall under the purview of the AASA. Waivers granted must be in accordance with the criteria and procedures outlined below. This waiver authority may be further delegated to the lowest practicable level, but no lower than the second level supervisor of the leave donor.
The following is the criteria for granting a waiver to the limitations under 5 CFR §630.908:
Waivers should only be granted when there are very compelling and/or exceptional circumstances, to be considered on a case-by-case basis.
When the waiver is granted, the donor must have at least sixteen (16) hours of annual leave remaining after the proposed donation.
Waivers are not to be granted solely to avoid the forfeiture of annual leave.
The following procedures must be followed with respect to waiver requests:
Waiver requests must be submitted through the donor's supervisor, in writing, and must indicate the number of excess hours of annual leave requested for donation.
The intended leave recipient, identified in the request, must be an approved VLTP recipient.
Upon receipt of the written request for waiver, with the assistance of the servicing personnel office, the donor's supervisor will verify that the donor has sufficient leave to cover the proposed donation and will verify that the intended recipient is an approved VLTP recipient. Annual leave donated must have already been earned (accrued) and be available on the date of donation.
The request for waiver will be forwarded to the appropriate approving official along with the supervisor's recommendation.
All waivers granted must be approved in writing.
The Deputy Chief of Staff, G-1, will monitor the exercise of this authority and will submit a report in March of each year, covering the prior calendar year and providing the number of waivers granted, the amount of leave in excess of the limitations donated under each waiver, and a description of the circumstances justifying each waiver, to the Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs).
Organizations must ensure all applicable labor relations obligations are met in implementing this authority. This delegation of authority expires three years from the date of this memorandum unless earlier revoked or superseded.
//original signed //
THOMAS R. LAMONT
Assistant Secretary of the Army
(Manpower and Reserve Affairs)
ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF THE ARMY
U.S. ARMY FORCES COMMAND
U.S. ARMY TRAINING AND DOCTRINE COMMAND
U.S. ARMY MATERIAL COMMAND
U.S. ARMY EUROPE
U.S. ARMY CENTRAL
U.S. ARMY NORTH
U.S. ARMY SOUTH
U.S. ARMY PACIFIC
U.S. ARMY SPECIAL OPERATIONS COMMAND
MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION COMMAND
U.S. ARMY SPACE AND MISSILE DEFENSE COMMAND/ARMY STRATEGIC
U.S. ARMY NETWORK AND ENTERPRISE TECHNOLOGY COMMAND/9TH SIGNAL
U.S. ARMY MEDICAL COMMAND
U.S. ARMY INTELLIGENCE AND SECURITY COMMAND
U.S. ARMY CRIMINAL INVESTIGATION COMMAND
U.S. ARMY CORPS OF ENGINEERS
U.S. ARMY MILITARY DISTRICT OF WASHINGTON
U.S. ARMY TEST AND EVALUATION COMMAND
U.S. ARMY RESERVE COMMAND
U.S. ARMY INSTALLATION MANAGEMENT COMMAND
SUPERINTENDENT, U.S. MILITARY ACADEMY
DIRECTOR, CIVILIAN HUMAN RESOURCES AGENCY
DEPUTY CHIEF OF STAFF FOR INTELLIGENCE, ATTN: DAMI-CP
OFFICE, ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE
AFFAIRS), ATTN: SAMR-PO (MS. WARD)
OFFICE OF THE GENERAL COUNSEL, ATTN: SAGC (MS. JOHNSON)
OFFICE OF THE JUDGE ADVOCATE GENERAL, ATTN: DAJA-LE (MS. NUGENT)