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U.S. Department of Justice
Justice Management Division
 Personnel Staff                       


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Washington, D.C. 20530

October 20, 2004

MEMORANDUM FOR BUREAU HUMAN RESOURCES OFFICERS

FROM:            Debra M. Tomchek
                         Director, Human Resources

SUBJECT:      Administrative Claims for Annual Leave as a Result of Decision in Butterbaugh v. Department of Justice

This provides the attached memorandum from the Director of the Office of Personnel Management (OPM) concerning processing employees' administrative claims for annual leave as a result of the decision in Butterbaugh v. Department of Justice, 336F.3d 1332(Fed. Cir. 2003). The court ruled that agencies should not have charged military leave for nonworkdays that occurred within the period of military duty prior to the change in military leave law that became effective on December 21, 2000.

OPM issued guidance (attached) on the procedures for processing employees' administrative claims for crediting annual leave as a replacement for military leave that was charged on nonworkdays. A leave claim against the Government must be received by the agency that conducts the activity from which the claim arises within six years after the claim accrues. Therefore, agencies may accept claims filed after July 24, 2003, (the date the Butterbaugh decision was issued), for crediting additional leave for military leave charged on nonworkdays between the date six yeares prior to the claim filing date (the beginning of the six year claims period) and December 21, 2000, (the date of the change in the military leave law).

As in all leave claims, the burden of proof is on the employee. An employee making a claim must supply a copy to his or her employeing agency of the employee's orders, certification of attendance, or other documentation indicating that he or she engaged in one or more periods of active military duty taht included nonworkdays during the applicable claims period.

Any annual leave credited as a result of an employee's claim must be placed in a restored leave account in accordance with 5. U.S.C. 6304(d)(1)(a) and OPM's regulations at 5 C.F.R. 630.306, and the restored leave must be used by the employee by the end of the leave year in preogress two years after the date of restoration. (For employees who receie annual leave credit in leave year 2004, the time limit for using the recredited leave will be the end of leave year 2006, which is January 6, 2007.) Employees who have retired or separated may file a claim wither their former agency and must receive a lump-sum payment for any annual leave recredited as a result of that claim, paid at the rate of pay the employee was earning at the time of his or her separation or retirement.

Questions concerning this matter should be directed to Rob Jezek, of the Personnel Staff's Workforce Effectiveness Group. He may be reached on (202) 353-7786, or by email at Rob.Jezek@usdoj.gov. Employees who have questions concerning these matters should consult appropriate staff in their servicing human resources offices.

Attachment

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