[Question Concerning Recoupment of Home Leave]

The U.S. Customs Service requested a decision concerning whether it must recoup home leave earned by an employee during the first 24-month tour of duty when the employee resigned prior to completion of her second 24-month tour of duty. GAO noted that: (1) the employee used 10 days of home leave that had been granted based upon the completion of her first tour of duty; and (2) home leave may be granted to employees who complete 24 months of continuous service outside the United States if it is expected that the employee will return to service after the period of home leave. GAO found that: (1) there is no requirement that the employee actually complete a second 24-month tour of duty abroad in order to avoid recoupment of home leave accrued; (2) the employee met the statutory and regulatory requirements for entitlement of leave and returned to service outside the United States for a reasonable period; and (3) as long as the employee returns to service outside the United States for a reasonable period of time, no recoupment of home leave is required. Accordingly, the employee is not indebted for home leave used during her first 24-month tour of duty.