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B-205359.2, Jul 14, 1989

B-205359.2 Jul 14, 1989
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Was properly paid for that leave. The advance sick leave was substituted for leave without pay only during pay periods following the employee's illness. Which are fully explained in our prior decision. Are. Taylor was in a leave-without-pay (LWOP) status from her position with the Agency for International Development (AID) for much of the period from March until May 1982. She requested and was granted 240 hours of advance sick leave. This leave was substituted retroactively for those periods of LWOP. Should not have been used to cover an earlier period of illness for which she took LWOP. OPINION It is our conclusion that Ms. Taylor is not entitled to any additional compensation for this period.

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B-205359.2, Jul 14, 1989

DIGEST: Upon reconsideration we sustain our prior decision that an employee, who received advance sick leave, was properly paid for that leave. The advance sick leave was substituted for leave without pay only during pay periods following the employee's illness.

Reconsideration of Mildred E. Taylor - Sick Leave - Additional Compensation:

In this decision we reconsider our ruling in Mildred E. Taylor, B-205359, June 28, 1988, in which we denied the employee's claim for additional compensation for the use of advance sick leave. For the reasons set forth below, we sustain our prior decision.

BACKGROUND

The facts, which are fully explained in our prior decision, are, briefly stated, that Ms. Taylor was in a leave-without-pay (LWOP) status from her position with the Agency for International Development (AID) for much of the period from March until May 1982. She requested and was granted 240 hours of advance sick leave, and this leave was substituted retroactively for those periods of LWOP.

Ms. Taylor challenges the accuracy of the agency's computation of her pay during this period. She contends that the advance sick leave which she requested on April 2, 1982, to cover an absence which began on March 29, 1982, should not have been used to cover an earlier period of illness for which she took LWOP. She also contends that the agency failed to compensate her for 24 hours of annual leave which accrued during the period of advance sick leave.

OPINION

It is our conclusion that Ms. Taylor is not entitled to any additional compensation for this period. Our review of the documentation in this case shows that the advance sick leave was properly substituted for periods of LWOP in the appropriate pay periods (6 through 9). This advance sick leave was not used to cover an earlier period of illness as she contends. In addition, the 24 hours of annual leave she earned during the period of advance sick leave was paid to her.

Ms. Taylor has not offered any additional evidence which would form a basis to overturn our prior decision. Therefore, we sustain our prior decision and deny her claim for additional compensation.

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