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NATCA News Alert: MOU regarding HRPM PB #121, Temporary Increase in Annual Leave Carryover Limits under the National Defense

Brothers and Sisters, The Parties at the national level have signed a Memorandum of Understanding (MOU) regarding the implementation of Section 1111 of the National Defense Authorization Act (NDAA) enacted on Jan. 1, 2021.  

Section 1111 of the NDAA provides for an increase in annual leave carryover limits to 125 percent of the normal carryover amount (from 240 hours to 300 hours) for the leave year that ended on Jan. 2, 2021.  

The Agency will utilize a two-step process for identifying eligible employees and restoring leave: Step 1 – Regular Annual Leave Restoration and Step 2 – NDAA Annual Leave Carryover. 

Step 1: Not Part of the NDAA Requirements (NOTE: FAA did not deem the COVID-19 national emergency an exigency of public business) 

  • Regular Annual Leave Restoration process: First-level managers will identify all employees who are eligible for annual leave restoration because their scheduled annual leave was cancelled due to an exigency of public business, administrative error, and were unable to reschedule their “use or lose” annual leave before the end of the leave year. 

Step 2: NDAA Leave Restoration Requirements 

  • After Step 1, FAA payroll will automatically restore any excess annual leave forfeited in leave year 2020 under the NDAA for FY2021 authority, up to 125 percent of the employee’s annual leave ceiling. 
  • This restored leave is available for use through Jan. 1, 2022, and cannot be donated to another employee, included in any lump-sum annual leave payment, or restored for use beyond the end of the leave year ending on Jan. 1, 2022. 
  • BUEs can retroactively substitute restored leave for any leave or compensatory time taken between Jan. 3, 2021, and the date that the leave is restored, and BUEs are encouraged to use this restored leave before their regularly accrued annual leave. If the retroactive substitution of leave restored under Section 1111 of the NDAA for FY 2021 results in the expiration of compensatory time, the BUE shall receive the cash value of that expired compensatory time in accordance with the applicable Collective Bargaining Agreement (CBA). 
  • If the retroactive substitution of leave restored under Section 1111 of the NDAA for FY 2021 results in a BUE with “use or lose” annual leave that cannot be scheduled, the annual leave shall be restored to the BUE in accordance with the applicable CBA. 
  • BUEs who do not use the CASTLE system to request leave will use the NATCA/FAA Retroactive Restored Leave Substitution Form linked to the MOU as Appendix 1. Requests for retroactive substitution of leave will be approved, and if it is determined that the request is not in accordance with the provisions of the MOU, the employee will be provided with a detailed explanation as to why. 
For BUEs covered by the 2016 CBA, the Parties at the local level shall collaborate in accordance with Article 24 of the 2016 CBA to establish procedures for identifying and bidding opportunities to use restored leave. To accomplish this, your FacRep and ATM will be provided with a spreadsheet containing the amount of hours that are to be restored.

For BUEs covered by the 2011 and 2013 CBAs, requests to use restored leave shall be handled in accordance with the applicable CBA.  Please contact your Regional Leadership if you have any questions about this HRPM PB #121 or the MOU. 

NATCA/FAA Retroactive Restored Leave Substitution Form – Appendix 1
Alaskan (NAL)
Central (NCE)
Eastern (NEA)
Great Lakes (NGL)
New England (NNE)
Northwest Mountain (NNM)
Southern (NSO)
Southwest (NSW)
Western Pacific (NWP)
Region X (NRX)
In solidarity, 

Paul Rinaldi
President

Trish Gilbert
Executive Vice President
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