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Office of the General Counsel


Dear Ms.[xxx]:

We have reviewed your claim to buy back regular annual and restored leave and concur with your agency that your claim may not be allowed.

An employee may "buy back" annual and sick leave used during a period of disability that is later determined to be covered by workers compensation. However, under the applicable rules, if the annual leave repurchased by the employee causes the employees leave balance to exceed the annual maximum carry-over amount of 240 hours, the leave is forfeited. Also, if the repurchased leave was restored leave, which must be used within two years, and the two-year period has elapsed, that leave, too, is automatically forfeited.

In your case, you repurchased a number of hours of annual leave that were forfeited under these rules. You do not dispute the application of these rules to your case. Rather, you assert that your agency failed to properly counsel you about the rules applicable to the repurchase of annual leave.

However, the record includes a June 30, 1995 letter from your agency to you setting out these rules and the specific impact they would have on your case. Therefore, there is no basis on which to restore the forfeited leave.

Accordingly, your claim is denied.


Joann Charleston


cc: [agency]

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