Request To "Buy Back" Sick Leave in Order To Receive Disability Compensation
Highlights
An employee of the Federal Aviation Administration appealed a settlement denying his claim to "buy back" sick leave in order to accept compensation under the Federal Employees' Compensation Act for a work-related illness. His claim was denied because the records necessary to either justify or refute the claim had been destroyed or become unavailable due to the lapse of time. The claimant contended that clear and satisfactory evidence of an amount of sick leave used in connection with his work-related illness was provided in the record in the form of correspondence drafted by the Personnel Management Specialist at his place of employment. GAO held that the employee's request for restoration of leave should be considered in light of the secondary evidence presented. Acceptable forms of secondary evidence include leave requests, Leave and Earnings Statements, Time and Attendance Reports, personal leave records, as well as certificates from supervisors and timekeepers.