[Claim for Recredit of Unused Sick Leave]

The Department of Justice requested a decision as to whether a Federal Bureau of Investigation (FBI) employee who had a break in Federal service of more than 3 years was entitled to recredit of previously earned sick leave since delays in processing his reemployment application, coupled with the imposition of a Federal hiring freeze, may have prevented him from being reinstated within 3 years of his separation from Government service. Regulations prohibit the recrediting of sick leave after the 3-year time period has expired. When the employee sought reinstatement after voluntarily resigning, FBI could not reemploy him because the agency was subject to a Federal hiring freeze. The position finally became available within the 3-year time limit, but due to processing delays, the employee did not actually enter on duty until the time limit had passed. Justice acknowledges that recrediting the sick leave was prohibited by regulations and that the employee did not enter on duty until after the 3-year time period expired. However, Justice believed that a recrediting action was warranted under the circumstances. GAO held that this regulation was promulgated pursuant to express statutory authority, and it has the force and effect of law. GAO does not have the authority to waive or grant exceptions to the regulation's proscription against recrediting sick leave following a break in service in excess of 3 years. Accordingly, the claim was denied.