B-137267, SEPTEMBER 26, 1958, 38 COMP. GEN. 249

IN THE CONSTRUCTION OF LEAVE ACCOUNTS OF EMPLOYEES WHO ARE RESTORED TO DUTY AFTER A SUSPENSION OR REMOVAL UNDER THE ACT OF AUGUST 26. REQUESTS OUR DECISION WHETHER WE WILL FOLLOW THE HOLDING OF THE COURT IN THE MATTER OF ANNUAL LEAVE ACCRUING IN EXCESS OF THE STATUTORY CEILING DURING A PERIOD OF SUSPENSION AND REMOVAL UNDER THE ACT OF AUGUST 26. THE REQUEST FOR DECISION PERTAINS TO THE ANTICIPATED RESTORATION OF CERTAIN FORMER EMPLOYEES OF YOUR DEPARTMENT WHO WERE REMOVED UNDER PUBLIC LAW 733. THE ACCUMULATION OF ANNUAL LEAVE FROM YEAR TO YEAR IS CONTROLLED BY SECTION 203 (C) AND SECTION 208 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951. WHICH IS NOT USED BY AN OFFICER OR EMPLOYEE. OR CORRESPONDING PERIOD IN THE CASE OF AN OFFICER OR EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS.