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B-198627 1 (1980-11-07)

handle is hein.gao/gaobadirb0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WAS H IN GTO N, O .C . 20548 FILE: B-198627 DATE: November 7, 1980 MATTER OF: Jon P. Kindice -Recredit of sick leave after break in servie& DIGEST: Although Foreign Service officer of Agency for International Development suffered involuntary reduction in force in 1974 and sought Federal employment unsuccessfully until 1979, resulting break in service in excess of 3 years precludes recrediting of previously earned sick leave. Office of Person- nel Management regulation at 5 C.F.R. 630.502(b)(1) as further implemented by 3 FAM 493.3 has force and effect of law and neither this Office nor agency con- cerned may waive or grant exceptions to that regulation. See cases cited. Mr. Arthur D. Schantz, Chief of the Employee Services Division, Office of Financial Management, Agency for International Development, requests a decision on the claim of Mr. Jon P. Kindice for reinstatement of 816 hours of sick leave. In accordance with the following analysis Mr. Kindice's claim may not be allowed. Mr. Kindice, a Foreign Service officer with the Agency for International Development, was reemployed on May 27, 1979, after a break in service of 4 years, 5 months, and 3 days, which followed his separation from the agency on August 24, 1974, due to a reduction in force. Mr. Kindice's claim involves the recredit of 816 hours of sick leave which were carried to his credit at the time of the August 1974 separation. In essence Mr. Kindice contends that since his sepaiFation was involuntary and since he actively sought Government employment during the interim period from August 1974 to May 1979 when he was reemployed, he should be allowed to have the sick leave hours to his credit at the date of his separation recredited to his presently existing sick leave balance._ ~~ 69 7T

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