Recredit of Accrued Sick Leave for Employee Who Served as Substitute Teacher

An advance decision was requested concerning the propriety of retroactively recrediting an employee with accrued sick leave and sick leave for a period of service as a substitute teacher in the District of Columbia (D.C.). Although substitute teachers in D.C. do not earn sick leave, service as a substitute in D.C. is service for the purpose of leave regulations which provided that sick leave could be recredited after separation from service of less than 52 continuous calendar weeks. The former substitute, who was reemployed by a federal agency, was entitled to recredit of sick leave earned prior to substitute teaching, but the amount was limited to a 90-day maximum under the Sick Leave Act.