B-133529, AUG. 30, 1957

B-133529: Aug 30, 1957

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WHETHER YOUR CASE IS COVERED BY OUR DECISIONS B-131683. THE PAPERS YOU SUBMIT SHOW THAT YOU HAVE BEEN ADVISED THAT UNDER PUBLIC LAW 623. THE RECORD INDICATES THAT UPON YOUR REMOVAL YOU WERE PAID A LUMP SUM FOR THE ANNUAL LEAVE TO YOUR CREDIT. UPON RESTORATION THE AMOUNT REPRESENTING THE LUMP-SUM PAYMENT WAS COLLECTED AND YOUR LEAVE ACCOUNT WAS RECREDITED WITH AN EQUIVALENT AMOUNT OF LEAVE. SUCH ACTION APPEARS TO HAVE BEEN PROPER. THAT "ANY PERSON REMOVED * * * WHO * * * IS RESTORED TO DUTY * * * SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE BE DEEMED TO HAVE RENDERED SERVICE DURING SUCH PERIOD.'. SINCE YOU WERE RECREDITED UPON RESTORATION WITH THE AMOUNT OF ANNUAL LEAVE FOR WHICH YOU RECEIVED PAYMENT UPON REMOVAL.

B-133529, AUG. 30, 1957

TO MANDEL SPECTOR:

YOUR LETTER OF AUGUST 14, 1957, SUBMITS PAPERS SHOWING YOUR REMOVAL FROM THE SERVICE, AND APPEAL AND RESTORATION THERETO WITH PAYMENT OF BACK PAY FOR THE PERIOD OF SUCH REMOVAL UNDER THE PROVISIONS OF THE ACT OF AUGUST 12, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 5 U.S.C. 652 (PUBLIC LAW 623). BECAUSE OF SUCH FAVORABLE ACTION YOU SAY THAT YOU DO NOT UNDERSTAND WHY ANNUAL AND SICK LEAVE FOR THE PERIOD OF YOUR REMOVAL CANNOT BE CREDITED TO YOU. YOU ASK, IN EFFECT, WHETHER YOUR CASE IS COVERED BY OUR DECISIONS B-131683, MAY 23, 1957, AND B-109810, JULY 25, 1952.

THE PAPERS YOU SUBMIT SHOW THAT YOU HAVE BEEN ADVISED THAT UNDER PUBLIC LAW 623, AS DISTINGUISHED FROM PUBLIC LAW 733, LEAVE CANNOT BE ACCUMULATED DURING A PERIOD OF REMOVAL. FURTHER, THE RECORD INDICATES THAT UPON YOUR REMOVAL YOU WERE PAID A LUMP SUM FOR THE ANNUAL LEAVE TO YOUR CREDIT. UPON RESTORATION THE AMOUNT REPRESENTING THE LUMP-SUM PAYMENT WAS COLLECTED AND YOUR LEAVE ACCOUNT WAS RECREDITED WITH AN EQUIVALENT AMOUNT OF LEAVE.

SUCH ACTION APPEARS TO HAVE BEEN PROPER. PUBLIC LAW 623 PROVIDES, IN PERTINENT PART, THAT "ANY PERSON REMOVED * * * WHO * * * IS RESTORED TO DUTY * * * SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE BE DEEMED TO HAVE RENDERED SERVICE DURING SUCH PERIOD.' THEREFORE, SINCE YOU WERE RECREDITED UPON RESTORATION WITH THE AMOUNT OF ANNUAL LEAVE FOR WHICH YOU RECEIVED PAYMENT UPON REMOVAL, YOU HAVE BEEN ACCORDED THE BENEFITS OF OUR DECISIONS CITED BY YOU WHICH PROVIDE, SIMPLY, FOR THE RECREDIT OF ANNUAL LEAVE FOR WHICH AN EMPLOYEE IS PAID WHETHER SUCH LEAVE WAS PAID FOR IN A LUMP SUM (B 109810, JULY 25, 1952), OR REQUIRED TO BE TAKEN INVOLUNTARILY SO LONG AS THE MAXIMUM ACCUMULATION OF THE ANNUAL AND SICK LEAVE ACT OF 1951 IS OBSERVED. B-131683, MAY 23, 1957.