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Office of the General Counsel
Date: February 25, 1998
Matter of: [xxx]
File Number: s9700605
OPM Contact: Murray M. Meeker
This replies to a request for an opinion from the [agency]
concerning the crediting of leave balances for employees who were
formerly employed by the [xxx]. The [agency] has specifically
requested guidance concerning how to credit leave for a former
[xxx] employee whose annual leave balance exceeds 360 hours. The
[agency] is advised that the applicable procedures for the
crediting of leave for former [xxx] employees are set forth in
guidance that was issued by the Civil Service Commission (CSC, now
the Office of Personnel Management or OPM) on August 21, 1978. CSC
Bulletin 630-33.
Full-time [xxx] employees accrue 284 hours of leave each leave
year and may accumulate a maximum of 760 hours at the beginning of
a leave year. In accordance with CSC Bulletin 630-33, the [agency]
must ascertain whether the former [xxx] employee was reemployed
without a break in service. Where there has been no break in
service, the former [xxx] employee's entire leave balance is
credited to the employee's regular annual leave account or restored
annual leave account on an hour-for-hour basis with the same time
limitations for usage as existed under the [xxx] leave system,
i.e., the employee may only retain 760 hours at the beginning of a
leave year.
Where the former [xxx] employee was reemployed with a break in
service, a personal leave ceiling must be established. The personal
leave ceiling must then be reduced at the beginning of each leave
year by the amount of regular annual leave that the employee has
used in excess of the amount earned during the previous leave year
until the ceiling is reduced to the applicable limit under the new
leave system.