United States Federal Circuit

In a dispute arising from the Bureau of Prisons' refusal to pay petitioner for holidays during a leave of absence, a decision in favor of the Department of Justice is affirmed where the MSPB correctly held that the employer did not owe petitioner payment for 27 holidays which occurred while he was on leave without pay to serve on active duty in the U.S. Army. The "leave of absence" to which 38 U.S.C. section 4316(b)(1)(B) refers is not any leave of absence, but rather one comparable to the leave provided to the service member for military service.

Appellate Information

• Decided 03/21/2007
• Published 03/21/2007

Judges

• PER CURIAM., Before BRYSON and LINN, Circuit Judges, and ROBINSON, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mathew B. Tully, of Niskayuna, NY, pro se.


• For Appellees:
  
• Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director.