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Office of the General Counsel

Date: January 8, 1999
Matter of: [xxx]
File Number: S002336

OPM Contact: Murray M. Meeker

The claimant, an employee with the [xxx], seeks to buy back sick leave that she used after sustaining non-job-related injuries. For the reasons discussed herein, the claim is denied.

Under regulations issued by the Department of Labor, an employee who sustains a job-related injury may use sick leave or annual leave or both to avoid interruption of income and may under certain specified conditions, buy back leave. 20 C.F.R.  10.310. See Linda M. Chaney, B-242076, May 7, 1991; 62 Comp. Gen. 253 (1983); and 58 Comp. Gen. 741 (1979).

The agency correctly determined that there is no authority to permit the claimant to buy back leave that was not used as a result of a job-related injury. Federal authorities may not waive or disregard the conditions of statutory regulations. See Matter of: SBA Section 7(A) Business Loans, B-181432, February 19, 1976, as cited in Bank of Salt Lake, B-188741, January 25, 1978.

This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.

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