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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.

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