A-55907, MARCH 30, 1951, 30 COMP. GEN. 390
Highlights
1951: REFERENCE IS MADE TO THE LETTER OF THE ACTING CHAIRMAN OF YOUR COMMISSION DATED MARCH 9. WAS SIGNED BY THE CHIEF. STATES THAT THE LAST DAY OF THE EMPLOYEE'S PAY WILL BE JULY 28. HE WAS PLACED ON SICK LEAVE FROM 8:30 A.M. WHEN HIS SICK LEAVE WAS EXHAUSTED AND HE WAS PLACED ON ANNUAL LEAVE FROM THAT HOUR UNTIL THE CLOSE OF BUSINESS JULY 28. NO WORK WAS ASSIGNED TO HIM. THE EMPLOYEE WAS PLACED ON A SPECIAL DUTY STATUS JULY 31. WAS FINALLY RESTORED TO HIS REGULAR DUTIES NOVEMBER 10. AS THE EMPLOYEE WAS AVAILABLE FOR DUTY AT ALL TIMES DURING THE SICK AND ANNUAL LEAVE IN QUESTION. SINCE THE FAILURE TO PERFORM SERVICES WAS NOT DUE TO ANY FAULT ON HIS PART. IT IS PROPER TO TAKE ADMINISTRATIVE ACTION TO CANCEL THE SICK AND ANNUAL LEAVE SO GRANTED AND TO RECREDIT SUCH LEAVE TO HIS ACCOUNT.
A-55907, MARCH 30, 1951, 30 COMP. GEN. 390
LEAVES OF ABSENCE - RECREDIT - LEAVE INVOLUNTARILY IMPOSED IN ANTICIPATION OF RETIREMENT AN EMPLOYEE WHO REPORTED FOR DUTY EACH DAY, ALTHOUGH INVOLUNTARILY PLACED IN A LEAVE STATUS UPON CIVIL SERVICE COMMISSION APPROVAL OF AN ADMINISTRATIVE APPLICATION FOR HIS DISABILITY RETIREMENT, MAY BE RECREDITED WITH THE LEAVE CHARGED TO HIS ACCOUNT, UPON RESTORATION TO DUTY AFTER THE BOARD OF APPEALS AND REVIEW DENIED THE ADMINISTRATIVE APPLICATION.
COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, FEDERAL POWER COMMISSION, MARCH 30, 1951:
REFERENCE IS MADE TO THE LETTER OF THE ACTING CHAIRMAN OF YOUR COMMISSION DATED MARCH 9, 1951, REQUESTING DECISION WHETHER SICK AND ANNUAL LEAVE GRANTED TO FAYETTE S. WARNER, AN EMPLOYEE OF YOUR COMMISSION, FROM 8:30 A.M., JULY 14, 1950, TO THE CLOSE OF BUSINESS, JULY 28, 1950, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH, MAY BE CANCELED AND THE CORRESPONDING AMOUNT OF SICK AND ANNUAL LEAVE RESTORED TO HIS CREDIT.
IT APPEARS THAT YOUR COMMISSION INITIATED AN APPLICATION TO THE CIVIL SERVICE COMMISSION FOR THE RETIREMENT OF THIS EMPLOYEE FOR DISABILITY; THAT THE NOTICE OF MEDICAL APPROVAL OF RETIREMENT DISABILITY CLAIM, DATED JULY 5, 1950, WAS SIGNED BY THE CHIEF, DIVISION OF PERSONNEL AND ADMINISTRATIVE SERVICES, JULY 14, 1950, AND STATES THAT THE LAST DAY OF THE EMPLOYEE'S PAY WILL BE JULY 28, 1950. A MEMORANDUM DATED JULY 13, 1950, FROM THE PERSONNEL DIVISION TO THE ACTING CHIEF, BUREAU OF POWER, ADVISED THAT THE EMPLOYEE SHOULD BE ASSIGNED NO FURTHER OFFICIAL DUTIES AND SHOULD BE PLACED ON SICK LEAVE BEGINNING ON FRIDAY, JULY 14, 1950. THE EMPLOYEE DID NOT ACQUIESCE IN HIS BEING PLACED ON SICK LEAVE AND CLAIMED THE RIGHT TO CONTINUE AT WORK. NOTWITHSTANDING HIS DESIRE TO REMAIN AT WORK, HE WAS PLACED ON SICK LEAVE FROM 8:30 A.M., JULY 14, UNTIL 4 P.M., JULY 27, 1950, WHEN HIS SICK LEAVE WAS EXHAUSTED AND HE WAS PLACED ON ANNUAL LEAVE FROM THAT HOUR UNTIL THE CLOSE OF BUSINESS JULY 28, 1950. NEVERTHELESS, THE EMPLOYEE REPORTED FOR DUTY EACH DAY AND REMAINED AVAILABLE FOR DUTY UNTIL THE CLOSE OF BUSINESS, BUT NO WORK WAS ASSIGNED TO HIM. IT FURTHER APPEARS THAT, PENDING CONSIDERATION OF AN APPEAL BY THE EMPLOYEE TO THE BOARD OF APPEALS AND REVIEW REGARDING HIS DISABILITY RETIREMENT STATUS, THE EMPLOYEE WAS PLACED ON A SPECIAL DUTY STATUS JULY 31, 1950, AND WAS FINALLY RESTORED TO HIS REGULAR DUTIES NOVEMBER 10, 1950, UPON FINAL ADJUDICATION OF HIS APPEAL WHICH DENIED THE ADMINISTRATIVE APPLICATION FOR THE EMPLOYEE'S DISABILITY RETIREMENT.
AS THE EMPLOYEE WAS AVAILABLE FOR DUTY AT ALL TIMES DURING THE SICK AND ANNUAL LEAVE IN QUESTION, AND SINCE THE FAILURE TO PERFORM SERVICES WAS NOT DUE TO ANY FAULT ON HIS PART, HE CANNOT BE HELD RESPONSIBLE FOR HIS FAILURE TO RENDER SERVICES ON THE DAYS IN QUESTION. ACCORDINGLY, UNDER THE STATED FACTS AND CIRCUMSTANCES, IT IS PROPER TO TAKE ADMINISTRATIVE ACTION TO CANCEL THE SICK AND ANNUAL LEAVE SO GRANTED AND TO RECREDIT SUCH LEAVE TO HIS ACCOUNT.