B-188913, OCTOBER 17, 1977
Highlights
THORNTON - RECREDIT OF SICK LEAVE AFTER BREAK IN SERVICE: THIS ACTION IS IN RESPONSE TO A REQUEST FOR A DECISION FROM FRANK C. WAS NOT SUBSEQUENTLY RE- EMPLOYED IN THE FEDERAL SERVICE UNTIL MARCH 31. THE CIVIL SERVICE COMMISSION REGULATION IN QUESTION IS CONTAINED IN 5 C.F.R. 630.502(B)(1) (1977). IN PERTINENT PART AS FOLLOWS: " * * * AN EMPLOYEE WHO IS SEPARATED FROM THE FEDERAL GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IS ENTITLED TO A RECREDIT OF HIS SICK LEAVE IF HE IS REEMPLOYED IN THE FEDERAL GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WITHOUT A BREAK IN SERVICE OF MORE THAN 3 YEARS.". THIS REGULATION WAS ISSUED PURSUANT TO 5 U.S.C. 6311 AND HAS THE FORCE AND EFFECT OF LAW.
B-188913, OCTOBER 17, 1977
EMPLOYEE SUFFERED BREAK IN SERVICE OF MORE THAN 3 YEARS AND MAY NOT BE RECREDITED WITH PREVIOUSLY EARNED SICK LEAVE. CIVIL SERVICE COMMISSION REGULATIONS CONTAINED IN 5 C.F.R. 630.502(B)(1) HAS FORCE AND EFFECT OF LAW WITH NO EXCEPTIONS OR WAIVER.
ALICE M. THORNTON - RECREDIT OF SICK LEAVE AFTER BREAK IN SERVICE:
THIS ACTION IS IN RESPONSE TO A REQUEST FOR A DECISION FROM FRANK C. ARNOLD, REGIONAL PERSONNEL OFFICER, UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, CONCERNING THE CLAIM OF ALICE M. THORNTON, A FOREST SERVICE EMPLOYEE, FOR RECREDIT OF SICK LEAVE AFTER A BREAK IN SERVICE OF MORE THAN 3 YEARS.
THE RECORD INDICATES THAT MRS. THORNTON SUFFERED A REDUCTION-IN FORCE FROM HER POSITION WITH THE ANIMAL HEALTH ALASKA STATE OFFICE, DEPARTMENT OF AGRICULTURE, EFFECTIVE JANUARY 7, 1972, AND WAS NOT SUBSEQUENTLY RE- EMPLOYED IN THE FEDERAL SERVICE UNTIL MARCH 31, 1975. MRS. THORNTON ACKNOWLEDGES THAT UNDER CIVIL SERVICE COMMISSION REGULATIONS A BREAK IN SERVICE MUST NOT EXCEED 3 YEARS IN ORDER FOR SICK LEAVE TO BE RECREDITED BUT SHE STATES THAT AN EXCEPTION SHOULD BE MADE SINCE SHE TRIED ON SEVERAL OCCASIONS (WITHOUT SUCCESS) TO SEEK EMPLOYMENT IN THE FEDERAL SERVICE.
THE CIVIL SERVICE COMMISSION REGULATION IN QUESTION IS CONTAINED IN 5 C.F.R. 630.502(B)(1) (1977), AND IT PROVIDES, IN PERTINENT PART AS FOLLOWS:
" * * * AN EMPLOYEE WHO IS SEPARATED FROM THE FEDERAL GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA IS ENTITLED TO A RECREDIT OF HIS SICK LEAVE IF HE IS REEMPLOYED IN THE FEDERAL GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA WITHOUT A BREAK IN SERVICE OF MORE THAN 3 YEARS."
THIS REGULATION WAS ISSUED PURSUANT TO 5 U.S.C. 6311 AND HAS THE FORCE AND EFFECT OF LAW. NEITHER OUR OFFICE NOR ANY AGENCY IN THE EXECUTIVE BRANCH OF THE GOVERNMENT HAS THE AUTHORITY TO WAIVE OR GRANT EXCEPTIONS TO THAT REGULATION. WILLIAM F. GALLO, B-180604, APRIL 9, 1974. ACCORDINGLY, MRS. THORNTON MAY NOT BE RECREDITED WITH HER PREVIOUSLY EARNED SICK LEAVE.