Leave Sharing Program Called a Stopgap

The federal leave sharing program does not prohibit the “otherwise-proper removal” of an employee, even if an employing agency has approved the employee’s participation in the program and the employee has a positive transferred leave balance, the U.S. Court of Appeals for the Federal Circuit has held (No. 01-3276). The court rejected a claim by an employee removed for physical inability to perform the job-which was accompanied by an invitation to apply for disability or regular retirement–that the agency could not remove him as long as he had a positive transferred leave balance. “It is clear that Congress intended the program to be a stopgap measure to help an employee until she is able to take advantage of long-term disability retirement,” the opinion said.