[NRC Employee's Request to Retroactively Substitute Annual Leave for Leave Without Pay]

The Nuclear Regulatory Commission requested a decision regarding an employee's request to retroactively substitute annual leave for a period of leave without pay during which he held a temporary position. The employee contended that the annual leave became available to him in the same leave year in which the absence took place. GAO held that the annual leave was a result of the employee's appointment to a permanent position, and the employee could not use it for any period prior to the appointment. Accordingly, the request was denied.