Recredit of Sick Leave Following Congressional Employment

A request was made concerning the entitlement of a National Aeronautics and Space Administration (NASA) employee to recredit of sick leave earned prior to a period of congressional employment. The question presented was whether congressional employment constitutes a break in Federal service for the purposes of the regulations governing recredit of unused sick leave. The NASA employee was formerly employed by GAO in a position covered by Federal law. Prior to his resignation, he had accrued 1,808 hours of sick leave. The NASA employee was then employed by the House Appropriations Committee. The employee's sick leave was not transferred or made available for his use while he was employed by the Committee, since the Committee does not have a sick leave system and such congressional employment is not covered by Federal law. GAO held that the fact that an employee does not accrue leave in a position is not determinitive of his entitlement to later recredit of prior accrued sick leave. Although the congressional employment is not subject to the statutory leave system, such employment is Federal service. Therefore, GAO concluded that congressional employment did not constitute a break in service. Accordingly, since the NASA employee had not undergone a break in service, his sick leave should be recredited by NASA under Federal regulations.