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Office of the General Counsel
Date: [XXX]
Matter of: [XXX]
File Number: S9701041
OPM Contact: Joann Charleston
Employee with a break in service of more than 3 years requests that we recredit previously earned sick leave.
In July 1979, the employee resigned from her position with the [agency]. At the time of her resignation she had accrued 416 hours of unused sick leave. Subsequently, in May 1990 she returned to the federal service. The employee is now planning to retire and requests that our Office waive the 3-year rule and recredit the 416 hours of unused sick leave.
Title 5, CFR, Part 630.502(b)(1)(1979), which was in effect at the time of her separation provides in pertinent part, an employee who is separated from the Federal Government or the government of the District of Columbia is entitled to a recredit of his sick leave if he is reemployed in the Federal Government or the government of the District of Columbia without a break in service of more than 3 years.
Information in the file indicates that the employee had a 10-year break in service. The applicable law at the time of her separation did not provide for recredit of unused sick leave under these circumstances. We settle claims only on a legal basis and cannot waive or modify the regulations in individual cases.
Accordingly, the claim is denied.