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Human Resources and Security Specialists should use this tool to determine the correct investigation level for any covered position within the U.S. Federal Government.
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OPM Contact: Jo-Ann Chabot
This claim for restoration of annual leave is denied for the
reasons stated below.
Under 5 U.S.C. 6304(a), federal employees may carry over "not
more than 30 days" (240 hours) of accumulated annual leave from one
leave-year to the next leave-year. However, 5 U.S.C. 6304(b)
permits certain employees who are "stationed outside the United
States" to carry "not more than 45 days" of accumulated annual
leave from one leave-year into the succeeding leave-year. While he
was stationed in Europe, and before his departure for the United
States, the claimant was covered under 5 U.S.C. 6304(b).
The claimant's employing agency advised him that the date for
establishing the maximum amount of annual leave that he would be
permitted to carry over into the next leave year was the date of
his departure from Europe. At that time, the claimant had
accumulated 320 hours (40 days) of annual leave. The agency arrived
at this date on the basis of its interpretation of the Office of
Personnel Management regulation at 5 CFR 630.302(b) and (c). The
claimant continued to accrue annual leave after arriving in the
United States until he had accumulated at least 45 days of annual
leave. He believes that the determinative date for establishing the
maximum carry over amount is the last day of the leave-year, and
that he is entitled to carry 45 days of accumulated annual leave
into the next leave-year.
Section 630.302(b) and (c) of Title 5, Code of Federal
Regulations, sets the maximum amount of annual leave that employees
covered under a higher limit may carry over into the leave-year
that begins after they transfer, or are reassigned, to a position
in the United States. Section 630.302(b)(2) specifies that, subject
to 5 U.S.C. 6304(c),(1) the maximum amount of
annual leave that an employee may carry forward into the leave year
after the employee ceases to be covered under 5 U.S.C. 6304(b)
is determined as follows:
When, on the date prescribed by paragraph (c) of this section,
the amount of an employee's accumulated and accrued annual leave is
more than 30 days but not more than 45 days, he may carry forward
the full amount thereof
that is unused at the end of the current leave year. [Emphasis
According to the regulation, the amount of leave that an
employee accumulated and accrued on the date specified in section
630.302(c) is the maximum amount that he would be permitted to
carry over into the succeeding leave year. Paragraph (c)(1) of
section 630.302 specifies that
for the purposes of paragraph (b) of [section 630.302], an
agency shall determine the amount of an employee's accumulated and
accrued annual leave at the end of the pay period when the employee
departs from his post of regular assignment for transfer or
Under 5 CFR 630.302(b)(2) and (c)(1), the date for establishing
the maximum amount of leave that the claimant may carry over into
the succeeding leave year is the end of the pay period which
included the date of the claimant's departure from Europe. The
regulation does not specify the last day of the current leave-year
as the date for establishing the maximum amount of annual leave
that the claimant may carry over into the next leave-year. See also Matter of the Honorable John
W. Macy, Jr., B-145180 (Nov. 2, 1961). Thus, the 320 hours
of annual leave that the claimant had to his credit when he
departed from Europe is the maximum amount of leave that he may
carry over into the next leave-year. His claim is denied.
This settlement is final. No further administrative review is
available within the Office of Personnel Management. Nothing in
this settlement limits the claimant's right to bring an action in
an appropriate United States Court.
Under 5 U.S.C. 6304(c), annual leave in excess of the standard
30-day carry over limit that an employee accumulated when subject
to a higher limit in section 6304(b), remains to the credit of the
employee until it is used. The limit may be reduced in succeeding
leave-years when the amount of leave that the employee has used
exceeds the amount of leave that the employee has accrued.