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MATTE.R OF: Donald
L2IG~f3T
DATEt o-arch 23, 3982
A. Adams - Buy Bac); of Annual
An employue used annual leave and sick
leave in 1967 to reciuperate from a
work-related ii1jury and received
wrkors ' cmpensation award in 1968,
The employing agejucy advisea4 the
employee that repurchasud leave would
be forfeited under 5 U.)do. 6304(a)
upon reaongtruotion of his leave
accounts. The employee argues that
leave may be restored under 5 U.S.C.
§ 6304(d) due to admriistrativc error.
Tlift claimt may wot be allowod since pro-
visions of setion 6304(d) are not
applicaible to siLuatLions involving the
btiy brick of annual leave following a
worl;e-rr' compensation award.
I, rDonald A, A@amr;, an eliloy.c o the Foed.ral
flureau of nvestigiit]Vn (vni), 1s appenerd front a nostie-
iwent issuld &v oura C]AIins Group on Jinu 23, 1981, which
recomnendad against Mr. Adams buying back annual leave
under the \,orhevs' comppsatlon provisions of 20 CF.R,
§ 109310 (1981). We concur with the Claims Group's action
for the reason that any annual lezve repurchased by
Mr. Adams would bh. forfeited by Lotion of 5 U.SC. § 6304(a)
(Supp. III 1979) and wqtIld not be eligible for restoration
under 5 U,S.C. § 6304(d) (1976).
Due to a recurrence of injuiries sustained in a wor;-
rnlated injury in 1965, Mr. Adaria used 286 hours of sLk
leavn and 170 hot-rs of annual leave during te period
April 24 to June 30, 1967. After the Department of Labor's
Office of Workors' Compensation Programs aproved his
workers' compensation claim on Janurary 5, 1960, Mr. Adams
requorsted the FBI's advie regarding his ability to buy
bac); and re!Lnstate annual leave uted by him In 1967. 71
agency reconotrtuctod Mrs Adamu' leave accounts and deter-
mined that rephrciase of the 170 hours wonld cause him to
exceed the annual leave coiling of 3'J (ays imponed by
5 U.S.C. § 63001(a) beginning wiLb the years 1972 and 1973.
Thus, at the beginning of the 1974 leave yerr, all. of the
annual leave that had been buughL bacK would be forfeited
duu to section 6304(a) . Accordingly, the FBI advised
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