Restoration of Annual Leave to Reemployed Annuitant and Employee Receiving Workmens Compensation

A decision was requested concerning the propriety of restoration of annual leave for two employees, one who was scheduled for mandatory retirement, and one who had been placed on the rolls of the Office of Workman's Compensation Program (OWCP). The leave forfeited at the end of the leave year by the employee who was to be retired for age but kept on rolls under "exigency" certification cannot be restored since the advance scheduling requirement was not met and cannot be waived. The employee being compensated for a work-related injury cannot have his forfeited leave restored since the law makes no provision for restoring such leave without advance scheduling.