B-169223, MAY 8, 1970

B-169223: May 8, 1970

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IS ENTITLED TO RECREDIT OF SUCH LEAVE UNDER ANNUAL AND SICK LEAVE ACT OF 1951. WAS CONVERTED TO CAREER STATUS ON DECEMBER 1. MCCABE IS APPROACHING RETIREMENT. TO WHICH HE WOULD HAVE BEEN ENTITLED UPON REENTERING OR REMAINING IN THE SAME LEAVE SYSTEM. THESE DECISIONS CONCERNED CASES WHICH ARE SIMILAR TO MR.

B-169223, MAY 8, 1970

LEAVES OF ABSENCE--ANNUAL--TRANSFERS--DIFFERENT LEAVE SYSTEM- RETROACTIVE ADJUSTMENT EMPLOYEE WITH ACCUMULATED ANNUAL LEAVE BALANCE ON APR. 5, 1942, DATE HE RESIGNED FROM FEDERAL WORKS AGENCY AND WITHOUT BREAK IN SERVICE ACCEPTED APPOINTMENT WITH POST OFFICE DEPT. IS ENTITLED TO RECREDIT OF SUCH LEAVE UNDER ANNUAL AND SICK LEAVE ACT OF 1951, EFFECTIVE JAN. 6, 1952, PROVIDED SUCH LEAVE WHEN ADDED TO ANNUAL LEAVE DUE FROM P.O. DEPT. ON THAT DATE DID NOT EXCEED 60-DAY LIMITATION THEN CONTAINED IN SEC. 203 (C) OF 1951 LEAVE ACT BUT ANNUAL LEAVE LIMITATION IN EFFECT THEREAFTER WOULD BE FOR APPLICATION IN RECONSTRUCTING LEAVE ACCOUNT. SEE COMP. GEN. DECS. CITED.

TO MR. POSTMASTER GENERAL:

WE ENCLOSE HEREWITH COPIES OF THE CORRESPONDENCE PERTAINING TO MR. EDWIN F. MCCABE'S ACCUMULATED ANNUAL LEAVE BALANCE ON APRIL 5, 1942, THE DATE HE RESIGNED FROM THE WORK PROJECTS ADMINISTRATION, FEDERAL WORKS AGENCY (FWA). WITHOUT BREAK IN SERVICE, HE ACCEPTED APPOINTMENT AS TEMPORARY SUBSTITUTE CLERK AT THE MADISON, WISCONSIN POST OFFICE EFFECTIVE APRIL 6, 1942, AND WAS CONVERTED TO CAREER STATUS ON DECEMBER 1, 1942. THE LETTER DATED NOVEMBER 19, 1969, FROM THE MADISON POST OFFICE ADVISED OUR CLAIMS DIVISION THAT MR. MCCABE IS APPROACHING RETIREMENT.

HERETOFORE IT APPEARS THAT THERE HAS BEEN OVERLOOKED SECTION 6 OF EXECUTIVE ORDER NO. 8384 AND THE SUBSEQUENT REGULATIONS MERGED INTO SECTION 30.703 (NOW 630.503) OF THE LEAVE REGULATIONS TO THE EFFECT THAT AN EMPLOYEE WHO EARNED LEAVE UNDER THE LEAVE ACTS OF 1936 OR ANY OTHER LEAVE SYSTEM MERGED UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, TO WHICH HE WOULD HAVE BEEN ENTITLED UPON REENTERING OR REMAINING IN THE SAME LEAVE SYSTEM, SHALL BE ENTITLED TO A RECREDIT OF SUCH LEAVE UNDER THE 1951 LEAVE ACT, EFFECTIVE JANUARY 6, 1952.

IN THAT REGARD, WE ENCLOSE HEREWITH COPIES OF OUR DECISIONS B-116013 DATED AUGUST 21, 1953, AND B-152694 DATED DECEMBER 19, 1963. THESE DECISIONS CONCERNED CASES WHICH ARE SIMILAR TO MR. MCCABE'S CASE. THE RECORD SHOWS MR. MCCABE HAD NO BREAK IN SERVICE BETWEEN APRIL 5 AND 6, 1942, AND HAS HAD CONTINUOUS POSTAL SERVICE SINCE THAT TIME. HENCE THE FWA OFFICIALLY REPORTED ANNUAL LEAVE BALANCE OF 22 DAYS, 6 HOURS AND 30 MINUTES MAY BE RECREDITED TO MR. MCCABE'S ACCOUNT AS OF JANUARY 6, 1952, PROVIDED SUCH LEAVE WHEN ADDED TO THE ANNUAL LEAVE DUE FROM THE POST OFFICE DEPARTMENT ON THAT DATE DID NOT EXCEED THE 60-DAY LIMITATION THEN CONTAINED IN SECTION 203 (C) OF THE 1951 LEAVE ACT, 65 STAT. 680, 5 U.S.C. 2062 (C) (1952 ED.). SEE OUR DECISION OF MAY 8, 1952 (ANSWER TO QUESTION 8) B-108880, 31 COMP. GEN. 581. OF COURSE THE ANNUAL LEAVE LIMITATION IN EFFECT THEREAFTER WOULD BE FOR APPLICATION IN RECONSTRUCTING HIS LEAVE ACCOUNT.