Claim for Annual Leave Ceiling

A Federal employee appealed a decision which denied his claim for an annual leave ceiling of 45 days upon his reinstatement with the Government. The employee had the 45-day leave ceiling when he left the Federal service and received a lump-sum payment for his unused leave. When he was reinstated his annual leave ceiling was set at 30 days. The employee claimed that since he had never actually used his annual leave, and lump-sum payment is not the same as usage, he should have received the 45-day ceiling upon being reinstated. It was held that when the employee received the lump-sum payment and the period covered by the payment expired, he had received his full entitlement for his annual leave. Therefore, he was not entitled to the leave ceiling claimed, and the previous settlement was upheld.