B-157123, JUL. 12, 1965
Highlights
CONCERNING YOUR REQUEST TO HAVE SICK LEAVE THAT WAS FORFEITED RECREDITED TO YOUR ACCOUNT. YOU WERE REINSTATED IN THE GOVERNMENT SERVICE ON JUNE 7. AN EMPLOYEE'S RIGHT TO BE RECREDITED WITH SICK LEAVE EARNED AT THE TIME HERE IN QUESTION WAS SUBJECT TO THE SICK LEAVE ACT OF 1936. IS APPLICABLE TO YOUR SITUATION AND READS AS FOLLOWS: "SEC. 30.408 DISPOSITION OF SICK LEAVE ACCOUNT ON TRANSFER. WHEN AN EMPLOYEE IS APPOINTED. HIS SICK LEAVE ACCOUNT SHALL BE DISPOSED OF AS FOLLOWS: "/A) IF THE POSITION IS WITHIN THE PURVIEW OF THE LEAVE ACTS OF MARCH 14. THE SICK LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE TO THE EMPLOYEE. "/B) IF THE POSITION TO WHICH HE IS APPOINTED.
B-157123, JUL. 12, 1965
TO MR. JOHN S. WARDE:
THIS REFERS TO YOUR LETTER OF JUNE 28, 1965, WITH ENCLOSURES, CONCERNING YOUR REQUEST TO HAVE SICK LEAVE THAT WAS FORFEITED RECREDITED TO YOUR ACCOUNT.
THE INFORMATION FURNISHED SHOWS THAT YOU RESIGNED FROM THE GOVERNMENT SERVICE ON JUNE 18, 1947, HAVING TO YOUR CREDIT APPROXIMATELY 67 DAYS SICK LEAVE. YOU WERE REINSTATED IN THE GOVERNMENT SERVICE ON JUNE 7, 1948.
AN EMPLOYEE'S RIGHT TO BE RECREDITED WITH SICK LEAVE EARNED AT THE TIME HERE IN QUESTION WAS SUBJECT TO THE SICK LEAVE ACT OF 1936, 49 STAT. 1162, AND THE REGULATIONS ISSUED PURSUANT THERETO. THE FOLLOWING SECTION OF THE REGULATIONS CONTAINED IN CHAPTER 30, TITLE 5, CODE OF FEDERAL REGULATIONS (1947 SUPPLEMENT), IS APPLICABLE TO YOUR SITUATION AND READS AS FOLLOWS:
"SEC. 30.408 DISPOSITION OF SICK LEAVE ACCOUNT ON TRANSFER. WHEN AN EMPLOYEE IS APPOINTED, REAPPOINTED, OR TRANSFERRED TO ANOTHER POSITION WITH NO BREAK IN SERVICE, OR A BREAK OF LESS THAN 90 DAYS, OR WITHIN ONE YEAR AFTER NOTICE OF PROPOSED SEPARATION BY REDUCTION IN FORCE, HIS SICK LEAVE ACCOUNT SHALL BE DISPOSED OF AS FOLLOWS:
"/A) IF THE POSITION IS WITHIN THE PURVIEW OF THE LEAVE ACTS OF MARCH 14, 1936, THE SICK LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE TO THE EMPLOYEE.
"/B) IF THE POSITION TO WHICH HE IS APPOINTED, REAPPOINTED, OR TRANSFERRED IS NOT WITHIN THE PURVIEW OF THE LEAVE ACTS OF MARCH 14, 1936, THE EMPLOYEE SHALL BE FURNISHED WITH A STATEMENT OF HIS SICK LEAVE ACCOUNT AND IF HE IS SUBSEQUENTLY APPOINTED, REAPPOINTED, OR TRANSFERRED TO A POSITION WITHIN THE PURVIEW OF SUCH ACTS, WITH NO BREAK IN SERVICE OR A BREAK OF LESS THAN 90 DAYS, THE LEAVE SHOWN TO BE DUE SHALL BE CREDITED TO HIS ACCOUNT.'
THE REGULATIONS WERE PRESCRIBED PURSUANT TO AND HAVE THE FORCE AND EFFECT OF LAW. OUR OFFICE HAS NO AUTHORITY TO WAIVE THE REQUIREMENTS OF THE REGULATIONS. SINCE YOU WERE REEMPLOYED MORE THAN 90 DAYS FOLLOWING YOUR SEPARATION BY RESIGNATION FROM THE SERVICE, WE ARE NOT AWARE OF ANY BASIS WHEREBY THE FORFEITED SICK LEAVE MAY NOW BE RESTORED TO YOUR CREDIT.