5 C.F.R. § 550.1204

Projecting the lump-sum leave period

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(a) A lump-sum payment must equal the pay an employee would have received had he or she remained in the Federal service until the expiration of the accumulated and accrued annual leave to the employee's credit. The agency must project the lump-sum period leave beginning on the first workday (counting any holiday) occurring after the date the employee becomes eligible for a lump-sum payment under § 550.1203 and counting all subsequent workdays and holidays until the expiration of the period of annual leave. The period of leave used for calculating the lump-sum payment must not be extended by any holidays under 5 U.S.C. 6103 (or applicable Executive or administrative order) which occur immediately after the date the employee becomes eligible for a lump-sum payment under § 550.1203; annual leave donated to an employee under the leave transfer or leave bank programs under subparts I and J of part 630 of this chapter; unused compensatory time off earned under 5 U.S.C. 5543 and § 550.114(d) or § 551.531(d) or under 5 U.S.C. 5542(g) and § 550.1625; or credit hours accumulated under an alternative work schedule established under 5 U.S.C. 6126.

(b) For employees whose annual leave was held in abeyance immediately prior to becoming eligible for a lump-sum payment, the agency must project the lump-sum payment beginning on the first workday occurring immediately after the date the employee becomes eligible for a lump-sum payment under § 550.1203, consistent with paragraph (a) of this section.

[64 FR 36771, July 8, 1999, as amended at 80 FR 58112, Sept. 25, 2015]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2024 · leading case: Athey v. United States, 123 Fed. Cl. 42 (Fed. Cl. 2015).
Athey v. United States, 123 Fed. Cl. 42 (Fed. Cl. 2015). “5 C.F.R. § 550.1204 (a). The agency should then “multiply] the number of hours of accumulated and accrued annual leave by the applicable hourly rate of pay, including other applicable types of pay listed in paragraph (b) of this section.”
Annette Davis v. Dep't of the Interior (MSPB 2024). · cites it 2× “; see 5 C.F.R. § 550.1204 (a) (“A lump-sum payment must equal the pay an employee would have received had he or she remained in the Federal service until the expiration of the accumulated and accrued annual leave to the employee’s credit.”
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