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Appeal of Request for Recredit of Sick Leave

B-202382 Nov 12, 1981
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Highlights

An employee appealed a Claims Group settlement which denied his request for recredit of sick leave because he had a break in Federal service of more than 3 years. Following a break in Federal service of over 11 years, the employee was rehired and was subsequently advanced 240 hours of sick leave to help him cover a period of incapacitation. Concerned with the uncertain condition of his health, the employee asked the agency personnel office whether he could be recredited with a portion of the 840 hours of sick leave he had to his credit when he was separated from the Federal service in 1967. He was informed that applicable regulations do not permit the recredit of leave when the employee has had a break in Federal service in excess of 3 years. On appeal, the employee stated that he originally requested recredit of only enough sick leave to cover the advance of sick leave. Although he did not serve as a Federal employee following his departure until his reemployment, all of the interim positions which he held were with various private and State organizations that were federally funded. Therefore, he concluded that there was no break in service and requested recredit of the full 840 hours of sick leave. In the event that the appeal is denied, the employee requested that the matter be considered for submission to Congress as a meritorious claim. Under applicable regulations, the employee is not entitled to recredit of sick leave. GAO held that service with a private or State organization where the sole connection with the Federal Government is that it is a recipient of Federal funds does not qualify as Federal service within the meaning of the applicable regulation. GAO was advised that the employee was about to submit an application for disability retirement. Regulations provide that an employee who is indebted for unearned leave and who retires for disability is not required to refund the amount of the indebtedness. Thus, if the employee's application for disability retirement is acted upon favorably, he will not be required to refund the advance sick leave. For this reason, GAO did not take action on his request for referral of the matter to Congress as a meritorious claim at this time.

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