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The Defense Mapping Agency (DMA) requested an advance decision as to whether sick and annual leave may be restored as an element of backpay which had been awarded to a DMA employee by a U.S. District Court. The Court found that the employee had been removed from his position with DMA in violation of the Equal Employment Opportunity Act. Although the court ordered that the employee be reinstated with backpay and receive a retroactive promotion and backpay for suspensions, it did not specify the amount to be paid or whether backpay was to include other benefits of employment. GAO held that the employee was entitled, as an element of backpay, to the sick and annual leave which he would have earned during the wrongful separation. GAO stated that such restoration would achieve the make-whole purposes of the act and was consistent with the act's implementing regulations.


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