Entitlement to Lump-Sum Payment for Leave of Absence

B-195052: Nov 13, 1979

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The Department of Justice requested an advance decision concerning whether the U.S. Marshal and the U.S. Attorney for the Canal Zone might receive a lump-sum payment for accrued unused annual leave at the time of their separation from service. If this were to be answered in the affirmative, the following subsidiary issues were raised: what portion of the total leave should be authorized for payment of annual leave; should payment be made on the basis of 1/360th of the officials' annual salary; should the payment be limited to 120 days of leave; and is there a restriction on the amount that could be paid. It was held that, because of a change in the law, the officials might receive this payment. Since there was no basis for differentiating between annual or sick leave, the total leave could be authorized for payment. It was held that the leave should be computed on the basis of 1/360th of their annual salary. The payment could include both accumulated and current accrued annual leave during the year of their separation from service, so a total of more than 120 days of leave was possible. There was no restriction on the amount that could be paid.