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B-182608 1 (1976-02-19)

handle is hein.gao/gaobaddgd0001 and id is 1 raw text is: 
A-.

-Id.


B-182608


DATE:  FEB 19  1976  (109 .


MATTER   OF:


DIGEST:


   Robert T. Good  - Restoration of annual leave


1. United States Park Police are subject to the
   Annual and Sick Leave Act of 1951, as amended,
   and accrue annual and sick leave while in a pay
   status. When  a Park Police officer is absent
   from duty due to an injury or illness resulting
   from the performance of duty and is not charged
   for that absence pursuant to section 5 of Public
   L!w  88-471, he remains in a pay status during
   such absence and continues to accrue annual and
   sick leave.


              2. United States Park Policeman who was injured
                  in the performance of duty and thereafter absent
                  from duty for nearly 1 year without charge to
                  leave pursuant to section 5 of Public Law 084 71
                  forfeited 204 hours of annual leave. The forfeited
                  leave may be restored to his account in view of
                  5 U. S. C. 5 6304(d)(1)(C) and since, in cases of
                  prolonged illness preceding the end of a leave
                  year, the employee may be presumed to have
                  requested proper scheduling of annual leave
                  otherwise subject to forfeiture.

    The Associate Director for Administration, National P: rk
Service, United States Department of the Interior, requested an
opinion concer-ning section 5 of Public Law 88-471, August 21, 1964,
78 Stat. 582, and its relation to the rcouest of TIr. Robert T. Good,
a retired United States Pi;.rk Policeman, for restoration of 204 hours
of annual leave forfeited at the end of the 1973 leave year.

    The Associate Director states that Mr. Good was injured on
September 8, 1972, while in the performance of his official duties.
He returned to duty in a light-duty status for a few days during 1973,
but commencing  on February 20, 1073, was placed in what the Park
Service describes as a continuous administrative sick leave status
until his retirement for disability on January 31, 1974. Mr. Good
did not schedule annual leave to be taken during the nearly 1-year
period that he was on adininistrative sick leave.  As a result he


                         THE  cr
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                         WASHINGTON. D. C. 20548


FILE:


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