Waiting Period for Within-Grade Increase

A decision was requested as to whether a waiver could be granted from Federal regulations which state that a new waiting period for a within-grade increase begins after a break in service or a period of nonpay status in excess of 52 calendar weeks. The Federal Bureau of Investigation refused to reestablish an employee's waiting period for a within-grade increase after a break in service and nonpay status. The employee had sustained a disabling injury as the result of a household accident and, at his request, was granted leave without pay and placed in a nonpay status for a period of 57 weeks. At the time of the accident, he was eligible to receive a within-grade increase within several months. Statutory regulations prohibit the reestablishment of an employee's waiting period if the nonpay status exceeds 1 year, as in this case. The employee's length of service prior to his accident, a period of approximately 20 months, did not constitute creditable service for purposes of eligibility to receive a within-grade increase, and a new waiting period was required to begin upon his return. Accordingly, there was no basis upon which to modify the agency's earlier decision, and the waiver of Federal regulations may not be granted.