Request for Reconsideration Concerning Recredit of Sick Leave

A Foreign Service employee requested reconsideration of a GAO decision which denied his claim for reinstatement of sick leave hours which he lost following separation from an agency due to a reduction in force. The employee was reemployed after a break in service of more than 4 years. The employee contended that, since his separation was involuntary and since he actively sought Government employment during the interim period, he should be allowed to have the sick leave hours to his credit at the date of his separation recredited to his presently existing sick leave balance. Federal regulations preclude the recrediting of sick leave following a break in service in excess of 3 years. Neither GAO nor the agency has the authority to waive or grant an exception to the governing regulations. In requesting reconsideration, the employee contended that GAO applied standards and case law in its decision which were not applicable to Foreign Service officers. GAO did not agree and held that the provisions of the regulations applied to Foreign Service officers as well as to other Federal employees before, during, and following the timeframes involving the employee's claim. Accordingly, the denial of the claim was sustained.