§ 630.1304 Eligibility

5 CFR 630.1304(a)(a) An employee who is a veteran with a qualifying service-connected disability is entitled to disabled veteran leave under this subpart, which will be available for use during the 12-month eligibility period beginning on the first day of employment. For each employee, there is a single first day of employment.

5 CFR 630.1304(b)(b) In order to be eligible for disabled veteran leave, an employee must provide to the agency documentation from the Veterans Benefits Administration certifying that the employee has a qualifying service-connected disability. The documentation should be provided to the agency—

5 CFR 630.1304(b)(1)(1) Upon the first day of employment, if the employee has already received such certifying documentation; or

5 CFR 630.1304(b)(2)(2) For an employee who has not yet received such certifying documentation from the Veterans Benefit Administration, as soon as practicable after the employee receives the certifying documentation.

5 CFR 630.1304(c)(c) Notwithstanding paragraph (b) of this section, an employee may submit certifying documentation at a later time, including after a period of absence for medical treatment, as described in § 630.1306(c). The 12-month eligibility period is fixed based on the first day of employment and is not affected by the timing of when certifying documentation is provided.

5 CFR 630.1304(d)(d) If an employee's service-connected disability rating is decreased or discontinued during the 12-month eligibility period such that the employee no longer has a qualifying service-connected disability—

5 CFR 630.1304(d)(1)(1) The employee must notify the agency of the effective date of the change in the disability rating; and

5 CFR 630.1304(d)(2)(2) The employee is no longer eligible for disabled veteran leave as of the effective date of the rating change.