---
kind: "section"
citation: "5 C.F.R. § 630.1304"
title: "5"
number: "630.1304"
heading: "Eligibility."
url: "https://uscodex.org/cfr/5/630.1304"
---

# §630.1304. Eligibility.

- (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.
- (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—
  - (1) Upon the first day of employment, if the employee has already received such certifying documentation; or
  - (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.
- (c) Notwithstanding [paragraph (b)](#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)](/cfr/5/630.1306.md?p=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.
- (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—
  - (1) The employee must notify the agency of the effective date of the change in the disability rating; and
  - (2) The employee is no longer eligible for disabled veteran leave as of the effective date of the rating change.

## Notes

### Source

Source: 81 FR 51779, Aug. 5, 2016, unless otherwise noted.

### Authority

Authority: Subparts A through E issued under 5 U.S.C. 6133(a) (read with 5 U.S.C. 6129), 6303(e) and (f), 6304(d)(2), 6306(b), 6308(a) and 6311; subpart F issued under 5 U.S.C. 6305(a) and 6311 and E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G issued under 5 U.S.C. 6305(c) and 6311; subpart H issued under 5 U.S.C. 6133(a) (read with 5 U.S.C. 6129) and 6326(b); subpart I issued under 5 U.S.C. 6332, 6334(c), 6336(a)(1) and (d), and 6340; subpart J issued under 5 U.S.C. 6340, 6363, 6365(d), 6367(e), 6373(a); subpart K issued under 5 U.S.C. 6391(g); subpart L issued under 5 U.S.C. 6383(f) and 6387; subpart M issued under Sec. 2(d), Pub. L. 114-75, 129 Stat. 641 (5 U.S.C. 6329 note); subpart N issued under 5 U.S.C. 6329a(c); subpart O issued under 5 U.S.C. 6329b(h); and subpart P issued under 5 U.S.C. 6329c(d).

### Source

Source: 33 FR 12475, Sept. 4, 1968, unless otherwise noted.