(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.
authority: 5 U.S.C. chapter 63 as follows: Subparts A through E issued under
5 U.S.C. 6133(a) (read with
5 U.S.C. 6129), 6303(e) and (f), 6304(d)(2), 6306(b), 6308(a), and 6311; subpart F issued under
5 U.S.C. 6305(a) and 6311 and E.O. 11228, 30 FR 7739, 3 CFR, 1974 Comp., p. 163; subpart G issued under
5 U.S.C. 6305(c) and 6311; subpart H issued under
5 U.S.C. 6133(a) (read with
5 U.S.C. 6129) and 6326(b); subpart I issued under
5 U.S.C. 6332,
6334,
6336,
and; subpart J issued under
5 U.S.C. 6340,
6363,
6365,
6367,
and; subpart K issued under
5 U.S.C. 6391(g); subpart L issued under
5 U.S.C. 6383(f) and 6387; subpart M issued under sec. 2(d), Pub. L. 114-75, 129 Stat. 641 (
5 U.S.C. 6329 note); subpart P issued under
5 U.S.C. 6329c(d); and subpart Q issued under
5 U.S.C. 6387.
source: 33 FR 12475, Sept. 4, 1968, unless otherwise noted.
cite as: 5 CFR 630.209