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B-199794 1 (1980-09-02)

handle is hein.gao/gaobadinp0001 and id is 1 raw text is: ' THE COMPTROLLER GENERAL DECISION .0 aF THE UNITEO STATES WASHINGTON. 0. C. 20548 FILE: B-199794 DATE: September 2, 1980 MATTER OF: Anthony J. Gabriel -LRecredit of Sick Leave following Congressional employmentJ DIGEST: Former GAO employee worked more than 3 years in Congressional office before accepting position with NASA. Although employee could not earn or use accrued sick leave in Congressional position, such employment is Federal service and is not considered break in service. Sick leave accrued in GAO position should be credited for use by NASA in accordance with 5 C.F.R. § 630.502(e). This decision is in response to a request from The Honorable Eldon D. Taylor, Inspector General, National Aeronautics and Space Administration (NASA), concerning the entitlement of Mr. Anthony J. Gabriel a NASA employee, to recredit of sick leave earned prior to a period of Congressional employment. The question presented is whether Congressional employment constitutes a break in Federal service for the purposes of the regulations governing recredit of unused sick leave. 'Mr. Gabriel was formerly employed by the General Accounting Office (GAO) in a position covered by the Annual and Sick Leave Act, 5 U.S.C. §§ 6301 et seq., and prior to his resignation on January 15, 1977, he had accrued 1,808 hours of sick leave. Mr. Gabriel was then employed by the Appropriations Committee of the House of Representa- tives until April 30, 1980, at which time he was employed by NASA in a position covered by 5 U.S.C. §§ 6301 et seq. Mr. Gabriel's sick leave was not transferred or made available for his use while he was employed by the House Appropriations Committee since the Committee does not have a sick leave system and such Congressional employment is not covered by 5 U.S.C. H§ 6301 et seq. See 5 U.S.C. § 6301(2)(vi). The question raised by NASA is whether Mr. Gabriel's sick leave may be recredited since there has been a period of more than 3 years between Mr. Gabriel's employment in positions covered by the statutory leave system. Under the authority of 5 U.S.C. § 6311, the Office of Personnel Management (OPM) has issued regulations governing the recredit of sick leave. See 5 C.F.R. § 630.502 (1980). These regulations provide, in pertinent part, as follows: IIY20o

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