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B-194534 1 (1979-05-14)

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United States General Accouning Office
Washington, DOC 20548


Officeofr
General Counsel


. In Reply
BRefe1o; 1-94534


Ms. Juanita LI, Cantu
701 East Tarrant
Pharr, Texas  78577


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Dear.Ms, Cantu;

     Reference is made to your letter of March 28, 1979, with
enclosures, ;xquesting information and a ruling by our Office con-
cerning thefrecrediting-saesick leave incident to yeAlremployment
with the U.S. Customs Service! after a break in service of over
3 years.

     You statu that your employment with the 'U,S, Customs Service
was terminated on May 24, 1975' and that you were reintvated with
the same agency on September 24, 197,   Ybu state that your
reemployment was.pursuant to a stipulttion for settlemen, $pcident
to an order of dismissal of your action agairnst thle Custos iervice
(U.S. District Court, Sotthern Distrietof  TexAs? BrownsvAlle
Division, Civil Action No. 76-B-6, dispwissed Se'ptgber 5, 1978).
However, nothing therein referred to thQ recreitdTIg of skk Leave
in your case, and you have been advised by your agency that ick
leave may not be reaedited  to you aftera  breat'in service of
more than 3 yeats,   ou request our rulidf in the matter,

     A decision by'th  Comptroller General is not being is'sued at
your request.  We offer, however, the following information
regarding your sick lOMve,

     With reference to vhe recrediting of sick leave, the pertinent
Office of Personnel Mana3emnt  regulation is contained in
5 CF,U,  630.502(h)(l) (1978), and provides, iAu pertinent part, as
follows:


     * * * an employ.e wio 4s separated f rem the
Federal Government or'the government of the
'Us trict of Columbia Ps entitled to a recredit of
his sick leave if he 16\ reemployed in the Fed'eral
Government or the government of the District of
Columbia, without a break in service of more than
3 years.1




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