Retroactive Substitution of Advance Sick Leave for Leave without Pay

Philip Russo, Acting Director of the Personnel Division of the Internal Revenue Service (IRS), requested an advance decision as to the legality of implementing a recommended grievance adjustment that would require the IRS to retroactively grant an employee 30 days of advance sick leave to be substituted for leave without pay granted to her. Corrective action may be taken if the IRS, upon review, should find that the original denial was an unjustified or unwarranted personnel action.