Substitution of Sick Leave for Leave Without Pay Taken Before Retirement

A determination was requested as to whether a retired Government employee may retroactively substitute sick leave for leave without pay under P.L. 93-136. The employee applied for disability retirement and took leave without pay in order to qualify for the cost-of-living (COL) increase under the prior law. P.L. 93-126, which liberalized eligibility for COL increases, does not permit replacement of leave without pay with unused sick leave under the circumstances of this case. Separated employees may not be restored to the rolls for the purpose of taking sick leave unless there was a bona fide error or violation of regulations in fixing the separation date.