[Code of Federal Regulations] [Title 5, Volume 1] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 5CFR630.209] [Page 769] TITLE 5--ADMINISTRATIVE PERSONNEL CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT PART 630_ABSENCE AND LEAVE--Table of Contents Subpart B_Definitions and General Provisions for Annual and Sick Leave Sec. 630.209 Refund for unearned leave. (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.