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B-229433 1 (1988-08-25)

handle is hein.gao/gaobadner0001 and id is 1 raw text is: 

LThe Comptroller General
           of the United States
        Washington, D.C. 20548
           Decision


                     Monideep K. De - Annual Leave - Retroactive
                     Substitution for Leave Without Pay Previously
           Matter of: Charged

           File:     B-229433

           Date:     August 25, 1988


           DIGEST

           An employee who received advance credit of annual leave as a
           temporary employee used all that leave and was placed in a
           leave-without-pay (LWOP) status to cover the remainder of
           his absence. When he was later appointed to a permanent
           position during the same leave year and received advance
           crediting of additional annual leave, he requested it be
           retroactively substituted for part of the LWOP period
           previously charged. The request is denied. The prior
           period of LWOP was properly charged because the employee did
           not have sufficient leave to cover his absence. Since the
           entitlement to additional advance annual leave arose only
           because of his new employment status, it may not be
           retroactively substituted for any period prior to the first
           date it became available for his use.


           DECISION

           This decision is in response to a request from the Director,
           Division of Accounting and Finance, United States Nuclear
           Regulatory Commission (NRC). It concerns the entitlement of
           an NRC employee to retroactively substitute annual leave
           for a period of approved leave without pay (LWOP). We
           conclude that the employee may not do so, for the following
           reasons.

           BACKGROUND

           Dr. Monideep K. De was initially appointed by NRC to a
           2-year full-time temporary position to expire on May 19,
           1987. That full-time temporary appointment was extended for
           3 months effective May 20, 1987. Dr. De was appointed to a
           full-time permanent position effective August 16, 1987.

           The NRC policy regarding the crediting of annual leave is
           different than that followed by most other agencies. The
           NRC makes available to its employees, temporary and

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