United States Federal Circuit

Employee's complaint against the US Postal Service, alleging failure to credit him for annual and sick leave accrued while he was on leave without pay, was properly dismissed by the Merit Systems Protection Board for lack of jurisdiction. The employee: 1) was not denied return to work; and 2) did not allege failure to credit time spent on compensation for purposes of rights and benefits based on length of service, as required to vest the Board with jurisdiction over his complaint.

Appellate Information

• Decided 12/31/2008
• Published 12/31/2008

Judges

• WALKER, Chief District Judge., Before RADER and DYK, Circuit Judges, and WALKER , Chief District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Demetrius W. Palmer, of Bowie, Maryland, pro se., Matthew H. Solomson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor.   Also for intervenor were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director.


• For Appellees:
  
• Joyce G. Friedman, Attorney, Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent.   With her on the brief were B. Chad Bungard, General Counsel, and Rosa M. Koppel, Deputy General Counsel.