Office of the General Counsel

File Number 003506

September 9, 1999

[xxx]

Re: [xxx]

Dear [xxx]

This responds to your inquiry on behalf of [xxx], who was credited, erroneously, for service performed with the [xxx], a nonappropriated fund instrumentality. The error resulted in [xxx] accrual of more annual leave than she was entitled to and, on May 23, 1999, her annual leave balance was changed from 267 hours to 83 hours. You want to know whether 184 hours of annual leave may be credited to [xxx] account and deducted in increments over a period of time.

We do not have any authority to credit an employee with annual leave that the employee has not earned. However, 5 U.S.C. 6302(d) provides that the annual leave granted to employees under subchapter I, chapter 63 of title 5, United States Code, "including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe." Thus, an agency, in its discretion, may advance to an employee an amount of annual leave that does not exceed the amount that the employee would have earned during the leave year in which the leave is advanced.

Sincerely,

Jo-Ann Chabot Attorney