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B-202382 1 (1981-11-12)

handle is hein.gao/gaobadjwe0001 and id is 1 raw text is: IDECISION K FILE: B-202382 MATTER OF: I DIGEST: r-rO AJ THE COMPTROLLER GENERAL * OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: November 12, 1981 rving A. Taylor - Recredit of Sick Leave Employee who had a break in Federal service of over 3 years seeks recredit of sick leave on basis that he was em- ployed by various organizations and instrumentalities that receive Federal funding. Employee contends that such employment avoids a break in service in excess of 3 years. Under 5 C.F.R. § 630.502(b)(1), a recredit of sick leave is permitted when an employee's break in service does not exceed 3 years. Since service with private organizations or state instrumentalities that receive Federal funding does not constitute Federal service, employee may not have sick leave recredited. Mr. Irving A. Taylor appeals the settlement of our Claims Group which denied his request for recredit of sick leave because he had had a break in Federal service in ex- cess of 3 years. Since the applicable regulations do not permit the recredit of sick leave where an employee has a break in service in excess of 3 years, Mr. Taylor's appeal is denied. Mr. Taylor has been employed as a Public Health Advisor by the Public Health Service (PHS) sinci February 1979 fol- lowing a break in Federal service of over 11 years. In. July 1980, he was advanced 240 hours of sick leave to help him cover a period of incapacitation from July 23 to October 4, 1.980. The agency states that as of June 13, 1981, Mr. Taylor had reduced the balance of the advance of sick leave to 178 hours. Apparently, faced with the uncer- tain condition of his health, Mr. Taylor is interested in eliminating this negative sick leave balance. Therefore, he asked the PHS personnel office whether he could be re- credited with a portion of the 840 hours of sick leave he had to hi. credit when he was separated from the Agency for International Development in 1967. The personnel office ad- vised him that the sick leave could not be recredited since

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