5 C.F.R. § 630.209

Refund for unearned leave

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(a) When an employee who is indebted for unearned leave is separated, the agency shall:

(1) Require him to refund the amount paid him for the period covering the leave for which he is indebted; or

(2) Deduct that amount from any pay due him.

An employee who enters active military service with a right of restoration is deemed not separated for the purpose of this paragraph.

(b) This section does not apply when an employee:

(1) Dies;

(2) Retires for disability; or

(3) Resigns or is separated because of disability which prevents him from returning to duty or continuing in the service, and which is the basis of the separation as determined by his agency on medical evidence acceptable to it.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2011–2024 · leading case: United States v. Ransom, 642 F.3d 1285 (10th Cir. 2011).

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United States v. Ransom, 642 F.3d 1285 (10th Cir. 2011). “§ 6302 (f); 5 C.F.R. § 630.209 . As the district court observed: “the very concept of ‘leave without pay’ taken when an employee has no leave from which to draw, presumes that an employee is not entitled to pay in the event he must be absent from work but cannot take leave to…”

William E Knoles v. Dep't of the Air Force (MSPB 2024). “CF, Tab 4 at 14; PFR File, Tab 1 at 5; see 5 C.F.R. § 630.209 . We find that the restoration of the appellant’s leave balance, as provided in the settlement agreement, constituted a significant tangible benefit to him, and for the reasons explained in the compliance initial…”

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