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B-208908 1 (1983-07-13)

handle is hein.gao/gaobadlev0001 and id is 1 raw text is: Acxi I~ THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 B-208908 DATE: July 13, 1983 Estelle C. Maldonado - Home Leave - Tour MATTER OF: Renewal Agreement Travel - Overseas Employment - Place of Actual Residence 04iEST: 1. Employee of Department of Agriculture's Food and Nutrition Service was recruited from her place of permanent residence in the continental United States for assign- ment in Puerto Rico. Thus, she is eligible to accrue the 45 days of annual leave authorized by 5 U.S.C. S 6304(b)(1) for individuals recruited or transferred from the United States or its territories or possessions for employment outside the area of recruitment or from which trans- ferred. 2. Employee who qualifies for maximum annual leave accumulation of 45 days under 5 U.S.C. S 6304(b)(1), and has completed a basic period of 24 months continuous service abroad is entitled to accrue home leave under 5 U.S.C. S 6305(a) on the basis of her continuous service. Al- though rate at which employee earned home leave was subject to agency inter- pretation of implementing regulations at 5 C.F.R. S 630.604, agency's total denial of statutory home leave accrual entitle- ment was improper. However, the agency has discretion as to when and in what amount home leave may be granted. 3. Employee recruited from her place of actual residence in the continental United States for assignment in Puerto Rico and who meets all of the eligibility requirements under 5 U.S.C. S 5728(a) is entitled to tour renewal agreement DECISION FILE:

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