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B-203203 1 (1981-11-20)

handle is hein.gao/gaobadscf0001 and id is 1 raw text is: 

                          UNITED STATES GENERAL ACCOUNTING OFFICE.
                                   WASHINGTON, D.C. 20548'


 0O1lcit ai GNERAL COUNSEL

     B-203203                                November 20, 1981


          I                                                      I

     Mr. James H. Holt, President
     American Federal Government Employees
     Inter Departmental - Local 1953
     Post Office Box 6207
     March Air Force Base, California 92518

     Dear Mr. Holt:                   C-il-         ;

           This is in respoe to your recent letter asking whether the Air Force
      is correctly interpre ing a subsection of Public Law 96-431, October 1,
      1980, 94 Stat. 1850. This Public Law amended section 6323(a) of title 5, %y
      United States Code, which relates to military leave for Federal employees.

          Your specific question concerns the effective date of the new carryover
      provision for military leave under Public Law 96-431lX This law added the
      following sentence at the end of 5 U.S.C. § 6323(a):X
                * * * Leave under this subsection accrues for
           an employee or individual at the rate of 15 days per
           fiscal year and, to the extent that it is not used
           in a fiscal year, accumulates for use in the succeeding
           fiscal year until it totals 15 days at the beginning of
           a fiscal year.

      Your interpretation is that any military leave earned but unused in fiscal year
      1980 may be carried over into fiscal year 1981. The Air Force's position is
      that the carryover provision does not apply for unused 1980 leave but only to
      unused leave in fiscal year 1981 and thereafter.

           Your question was answered in B-203203,November 2, 1981, and the answer
      is that the first-time an employee may carry over unused military leave is
      from fiscal year 1981 to fiscal year 1982. This is explained on page 2 of.
      B-203203$November 2, 1981 (copy enclosed).

           We trust that this information is responsive to your inquiry.

                                              Sincerely yours,

                                              A-Iin 3.'Unm
                                              Edwin J. Monsma
I                                             Assistant General Counsel


Enclosure


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