B-164346, JUN. 10, 1968

B-164346, JUN. 10, 1968

TO MR. T. F. THULSTRUP:

YOUR LETTER OF MAY 9, 1968, ENCLOSING A VOUCHER FOR $368 IN FAVOR OF THE WIDOW OF A DECEASED FORMER EMPLOYEE OF THE ATOMIC ENERGY COMMISSION, REQUESTS OUR DECISION WHETHER THE VOUCHER REPRESENTING THE LUMP-SUM VALUE OF ANNUAL LEAVE MAY BE CERTIFIED FOR PAYMENT.

THE EMPLOYEE IS REPORTED TO HAVE DIED ON DECEMBER 31, 1967. HE HAD ENTERED UPON A SICK LEAVE STATUS ON NOVEMBER 6, 1967, BECAUSE OF A HEART CONDITION AND CONTINUED IN SUCH STATUS UNTIL DECEMBER 20. ON THAT DAY AFTER 6 HOURS ACTIVE DUTY HE INFORMED HIS SUPERVISOR THAT HIS DOCTOR HAD GIVEN PERMISSION TO HIM TO RESUME ACTIVE DUTY ON JANUARY 8, 1968. ALSO, HE ASKED THAT HE BE GRANTED ANNUAL LEAVE FROM 3 P.M. DECEMBER 20, 1967, THROUGH JANUARY 5, 1968. YOU STATE THAT ABSENT MR. FISHER'S REQUEST FOR ANNUAL LEAVE HE WOULD HAVE BEEN CARRIED ON SICK LEAVE THROUGH THE ANTICIPATED PERIOD OF HIS ABSENCE.

THE QUESTION PRESENTED BY YOUR LETTER IS WHETHER SICK LEAVE NOW MAY BE SUBSTITUTED FOR THE ANNUAL LEAVE AND A LUMP-SUM PAYMENT FOR THE LATTER BY MADE TO THE EMPLOYEE'S WIDOW.

IN YOUR LETTER YOU REFERRED TO OUR DECISION OF APRIL 20, 1960, B 142571, A SIMILAR CASE IN WHICH WE RULED THAT SICK LEAVE MAY NOT BE SUBSTITUTED FOR ANNUAL LEAVE GRANTED SPECIFICALLY AT AN EMPLOYEE'S REQUEST. IN THAT CASE, ASIDE FROM THE FACT THAT THE EMPLOYEE RETURNED TO DUTY AND HAD A CONVENIENT OPPORTUNITY TO REQUEST A CHANGE IN THE LEAVE CHARGE, IT ALSO APPEARED FROM THE RECORD THAT THE EMPLOYEE INTENTIONALLY WISHED TO CONSERVE HIS ACCRUED SICK AND TO USE ANNUAL LEAVE THAT OTHERWISE MIGHT BE SUBJECT TO FORFEITURE AT THE END OF A LEAVE YEAR.

WE MENTION THOSE ASPECTS OF OUR DECISION OF APRIL 20, 1960, NOT TO SUGGEST THAT EITHER AN ADMINISTRATIVE AGENCY OR OUR OFFICE SHOULD EXAMINE INTO THE MOTIVES OF AN EMPLOYEE'S REQUEST FOR A GRANT OF ANNUAL LEAVE, BUT SIMPLY TO EMPHASIZE THAT THERE WAS NO MISUNDERSTANDING BY THE AGENCY OR THE EMPLOYEE IN THAT CASE AS TO THE NATURE AND EFFECT OF THE REQUEST FOR A GRANT OF ANNUAL LEAVE.

IN THE INSTANT CASE THERE IS NOTHING TO SUGGEST THAT THE EMPLOYEE WAS NOT SIMILARLY MOTIVATED, OR, REGARDLESS OF MOTIVE AND MORE IMPORTANT, THAT HE DID NOT FULLY UNDERSTAND AT THE TIME THE NATURE AND EFFECT OF HIS REQUEST FOR THE GRANT OF ANNUAL LEAVE.

THUS ON THE RECORD WE MUST CONCLUDE THAT THERE IS NO LEGAL AUTHORITY FOR SUBSTITUTING SICK LEAVE FOR THE ANNUAL LEAVE GRANTED IN THIS CASE.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH BUT MAY NOT BE CERTIFIED FOR PAYMENT.