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[Administrative Leave in Lieu of Leave Without Pay]

B-209652 Aug 12, 1983
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Highlights

In response to a request from the Occupational Safety and Health Administration (OSHA), GAO considered whether an employee who was placed on leave without pay (LWOP) for an extended period for the purpose of preserving her eligibility for discontinued service retirement may have administrative leave substituted for LWOP. OSHA had notified the employee's office of an intent to move its functions to another State, and it proposed a date on which the transfer would be effective. The employee in question declined the transfer with the intent of accepting discontinued service retirement as a result of her involuntary separation. However, prior to the proposed transfer date, OSHA rescinded its action and informed the affected employees that the effective date of the transfer had been postponed to a date 2 months later. The employee could have continued to work after the original proposed transfer date, but chose not to so that she could preserve her right to retire effective the earlier date. The OSHA personnel office then informed the employee that the fact that the agency had rescinded its original action meant that her retirement date would also have to be postponed. She was also informed that she could return to work and be placed on LWOP retroactive to the original transfer date. The employee chose this course of action 5 weeks after her original retirement date. Shortly after her return to work, the employee requested that she be retroactively placed on administrative leave in lieu of LWOP for that 5-week period. GAO stated that it has been recognized that the head of an agency may grant administrative leave for short periods of time to excuse certain brief absences and tardiness. However, there is no general authority for an agency to grant administrative leave for an extended period of time. GAO further stated that the circumstances described did not entitle the employee to relief under the Back Pay Act which provides recovery of compensation lost as a result of an unwarranted or unjustified personnel action. GAO did not believe that the OSHA actions in this case were of that nature. Accordingly, there was no basis upon which to place the employee on administrative leave for the requested time period.

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