Lieutenant Colonel D.R. Bye, B-174206

Decision Date21 December 1971
Docket NumberB-174206
CourtComptroller General of the United States


No. B-174206

Comptroller General of the United States

December 21, 1971

Civilian employee - leave without pay - accrual of leave decision regarding a claim for payment of annual and sick leave in the case of alta M. Brandon. In this case, there would be simultaneous application of the provisions of 5 CFR 630.202(a) and 5 CFR 630.208. Therefore, since the additional 14 hours of leave without pay (LWOP) accrued by Mrs. Brandon, combined with the 76 hours previously accrued, caused her hours in LWOP status to exceed the hours in her basic pay period, it is necessary to deduct the six hours of annual leave and four hours of sick leave credited, thereby leaving the employee entitled to 56 hours of pay, no entitlement to paid leave, and her status in LWOP increased to 100 hours.

This will refer to your request for an advance decision with respect to a claim for payment for annual and sick leave in the case of Mrs. Alta M. Brandon forwarded to this office by the assistant comptroller for accounting and finance under date of September 23, 1971.

As your letter explains:

"The situation of Mrs. Brandon is that she is regularly scheduled to work 80 hours and earns six hours annual leave and four hours sick leave per pay period. She began pay period of 15 August through 28 August 1971 with 76 hours prior LWOP accumulation, no annual leave, no compensatory time, and no sick leave. The time and attendance report shows 56 hours actually worked, 16 hours annual leave and eight hours sick leave."

Your fundamental question concerns the simultaneous application of two provisions of the regulations governing maintenance of leave accounts found in subsection 630.202(a), title 5, code of federal regulations (CFR) (federal personnel manual supplement 990-2, book 630, subparagraph s2- 3a(2)(a)), and subsection 630.208, title 5, CFR (federal personnel manual supra, subparagraph s2-3d(1)(a)).

5 CFR 202(a) provides as follows:

"Full-time employees. A full-time employee earns leave during each full biweekly pay period while in a pay status or in a combination of a pay status and a nonpay status."

Since Mrs. Brandon was in a combination pay and nonpay status during the pay period in question, she earned 6 hours annual leave and 4 hours sick leave under this provision of the regulation. If added to the period of 56 hours she worked, Mrs. Brandon would be entitled to pay for 66 hours during the pay period. The...

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