B-171947, NOV 16, 1972

B-171947, NOV 16, 1972

CIVILIAN PERSONNEL - SICK LEAVE DECISION DENYING THE CLAIM OF HOWELL S. TEEPLE FOR CREDITING OF SICK LEAVE TO HIS LEAVE ACCOUNT DURING THE PERIOD JANUARY 1, 1949, TO APRIL 8, 1959. THE CREDITING OF SICK LEAVE IS PRIMARILY AN ADMINISTRATIVE MATTER AND THE CURRENT EMPLOYING AGENCY MUST DETERMINE THE ACCEPTABILITY OF THE SECONDARY EVIDENCE PRESENTED AND WHETHER IT MAY BE USED AS A BASIS FOR CREDITING THE EMPLOYEE WITH THE LEAVE CLAIMED.

TO MR. HOWELL S. TEEPLE:

WE REFER FURTHER TO YOUR LETTER OF AUGUST 14, 1972, WITH ENCLOSURES, CONCERNING THE CREDITING OF SICK LEAVE TO YOUR LEAVE ACCOUNT DURING THE PERIOD FROM JANUARY 1, 1949, TO APRIL 8, 1959.

YOU INDICATE THAT THE DEPARTMENT OF STATE AND THE UNITED STATES INFORMATION AGENCY - YOUR CURRENT AGENCY - HAVE NOT CREDITED YOUR LEAVE ACCOUNT WITH SEVERAL HUNDRED HOURS OF SICK LEAVE DURING THE ABOVE PERIOD.

THE ENCLOSURES TO YOUR LETTER SHOW THAT AFTER A RECORD SEARCH YOUR AGENCY STATES:

"DURING YOUR SERVICE FROM SEPTEMBER 19, 1947 THROUGH DECEMBER 31, 1948, YOU ACCUMULATED A TOTAL OF 154 HOURS OF SICK LEAVE. YOU WERE APPOINTED ON JANUARY 1, 1949 BY THE DEPARTMENT OF STATE. YOU RESIGNED FROM THE DEPARTMENT ON FEBRUARY 19, 1950. YOU WERE REEMPLOYED BY THE DEPARTMENT OF STATE ON A WAE BASIS ON APRIL 3, 1950, AND WERE PAY ADJUSTED TO FULL-TIME EMPLOYMENT ON APRIL 1, 1951. WHEN YOU WERE APPOINTED TO THE FOREIGN SERVICE ON APRIL 8, 1959, YOUR SICK LEAVE BALANCE WAS CERTIFIED AS 302 HOURS. YOUR SICK LEAVE BALANCE WAS 1130 HOURS ON JUNE 28, 1969, THE DATE OF YOUR TRANSFER FROM TRIPOLI TO THE AGENCY."

THE AGENCY ALSO ADVISED YOU THAT IT HAS BEEN UNABLE TO LOCATE ANY RECORDS OF SICK LEAVE BALANCES DURING YOUR EMPLOYMENT BY THE DEPARTMENT OF STATE BETWEEN 1950 AND 1959, AND THAT IN THE ABSENCE OF SUCH RECORDS THERE IS NO BASIS FOR RECREDITING YOU WITH ANY ADDITIONAL SICK LEAVE.

YOU URGE THAT YOUR SICK LEAVE SHOULD BE COMPUTED AS FOLLOWS:

PERIODS SICK LEAVE EARNED

9/19/1947 - 12/31/1948 154 HOURS

1/1/1949 - 2/19/1950 120 HOURS

2/20/1950 - 4/ 8/1959 936 HOURS

1,210 TOTAL

302 LESS AMOUNT

CREDITED ON 4/8/59

908 ADJUSTED TOTAL

YOU ESTIMATE A MAXIMUM USE OF 4 DAYS A YEAR FOR THE PERIOD 1950-1959 (288 HOURS) AND ACCORDINGLY FEEL YOU SHOULD BE CREDITED WITH 620 HOURS OF SICK LEAVE FOR THE ABOVE PERIOD.

WE HAVE CONSISTENTLY HELD THAT A CLAIM SUCH AS YOURS WHICH DOES NOT INVOLVE A MONEY PAYMENT IS NOT A PROPER SUBJECT FOR SETTLEMENT BY THIS OFFICE AS A CLAIM. WE HAVE STATED HOWEVER THAT WHERE AN EMPLOYEE'S LEAVE RECORDS HAVE BEEN LOST OR DESTROYED AND THERE IS A CONFLICT AS TO WHETHER OR NOT LEAVE DUE AN EMPLOYEE HAS BEEN PROPERLY CREDITED TO HIM, THE EMPLOYEE'S AGENCY MAY ACCEPT AND USE EVIDENCE OTHER THAN LEAVE RECORDS TO DETERMINE AN EMPLOYEE'S CORRECT LEAVE BALANCE. SEE ENCLOSED COPY OF B- 171947, JUNE 16, 1972, AND DECISIONS CITED THEREIN. OUR DECISIONS POINT OUT THAT THE CREDITING OF SICK LEAVE IS PRIMARILY AN ADMINISTRATIVE MATTER AND THE CURRENT EMPLOYING AGENCY MUST DETERMINE THE ACCEPTABILITY OF THE SECONDARY EVIDENCE PRESENTED AND WHETHER IT MAY BE USED AS A BASIS FOR CREDITING THE EMPLOYEE WITH THE LEAVE CLAIMED.

THE RECORD BEFORE US DOES NOT DISCLOSE ANY ACTION ON YOUR PART TO OBTAIN THE LEAVE CREDIT CLAIMED UNTIL A SUBSTANTIAL PERIOD AFTER THE ALLEGED ERROR OCCURRED. ADDITIONALLY, THE LEAVE RECORDS WERE PROBABLY DESTROYED IN ACCORDANCE WITH RECORD DISPOSAL REGULATIONS AND THUS YOUR LONG DELAY IN PURSUING YOUR CLAIM CONTRIBUTES TO THE SITUATION WHICH MAKES IT IMPOSSIBLE TO PROVE OR DISPROVE YOUR SICK LEAVE BALANCE.

ON THE RECORD BEFORE US WE HAVE NO RECOURSE OTHER THAN TO AGREE WITH THE ACTION TAKEN BY YOUR AGENCY, NAMELY, THAT THE CREDITING OF THE SICK LEAVE CLAIMED IS NOT AUTHORIZED.