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B-230807.2 1 (1991-09-13)

handle is hein.gao/gaobadnyh0001 and id is 1 raw text is: \4'4qI 1 ,*tC Comptroller General ofthe UitedStates w&aawD..20M4 Decision Matter of: Leave Restoration for Judicial Branch Employees-- Application of Carryover Ceiling Vile; B-230807.2 Date: September 13, 1991 DIGEST Magistrate and bankruptcy judges and law clerks who are entitled to credit for annual and sick leave, which was initially not credited to them due to an erroneous agency position that they were not subject to the Annual and Sick Leave Act, cannot obtain credit for annual leave in excess of the statutory maximum carryover ceiling of 240 hours. Granting their claim for annual leave credit beyond the statutory maximum would result in a windfall to them and run counter to a judicial decision addressing comparable circumstances. DECISION This decision responds to a request by the Director of the Administrative Office of the United States Courts. The issue is whether federal magistrate and bankruptcy judges and law clerks are entitled to credit for annual leave exceeding 240 hours in connection with a determination that they were erroneously excluded from Annual and Sick Leave Act coverage from 1978 to 1987. We conclude that they are not entitled to credit beyond the 240-hour ceiling. BACKGROUND According to the Director of the Administrative Office, prior to 1978 it was generally assumed that magistrate and bank- ruptcy judges and law clerks were not covered by the Annual and Sick Leave Act, 5 U.S.C. §§ 6301 et seq. (hereafter the Leave Act). However, the General Counsel of the Administra- tive Office reconsidered their status following the enactment in 1978 of a statute that specifically excluded

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