(a) The Council, each agency, and each independent agency shall establish a voluntary leave transfer program under which annual or universal leave accrued or accumulated by an employee may be transferred on an hour-for-hour basis within the agency to the annual or universal leave account of any other eligible agency employee.

(b) A voluntary transfer of leave is authorized when a potential recipient employee will suffer a prolonged absence due to the employee’s serious health condition or the employee’s responsibility to provide personal care to an immediate relative.

(c) A recipient employee shall be eligible to receive a maximum of 320 hours of transferred leave during any 12-month period. Any unused transferred leave shall be forfeited or may be transferred to the annual leave bank upon the concurrence of the the Secretary to the Council, if the recipient employee is an employee of the Council, or the Director of Human Resources, if the recipient employee is an employee of an agency or independent agency.

(d)(1) Notwithstanding any other provision of this section, if the head of an agency, or in the case of the Council, the Secretary to the Council, determines that any organization or program within the Council, agency, or independent agency is being substantially disrupted in carrying out its functions or is incurring additional costs because of its participation in the voluntary leave transfer program, the agency head, or in the case of the Council, the Secretary to the Council, may exclude from the program any employee or group of employees.

(2) If the head of an agency excludes an employee or group of employees from the voluntary leave transfer program, he or she shall submit a report to the Director of Human Resources specifying how the organization or program would be substantially disrupted in carrying out its functions or would incur additional costs. This information shall be included in the Voluntary Transfer of Leave Program Report required under § 1-612.38. This paragraph shall not apply to the Council.

(Mar. 3, 1979, D.C. Law 2-139, § 1232; as added Feb. 6, 2004, D.C. Law 15-68, § 2, 50 DCR 9819; Apr. 13, 2005, D.C. Law 15-354, § 5(d), 52 DCR 2638; Apr. 1, 2017, D.C. Law 21-232, § 2(l), 64 DCR 876.)

This section is referenced in § 1-612.38.

D.C. Law 15-354, in par. (2) of subsec. (d), validated a previously made technical correction.

For temporary (90 days) amendment of this section, see § 2(l) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(l) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).