B-111028, AUGUST 7, 1952, 32 COMP. GEN. 82

B-111028: Aug 7, 1952

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LEAVES OF ABSENCE - SICK - APPLICATION NECESSITY PRIOR TO SEPARATION FROM SERVICE AN EMPLOYEE WHOSE RESIGNATION FAILS TO INDICATE THAT IT WAS NECESSITATED BY ILLNESS OR PREGNANCY AND WHO FAILED TO FILE AN APPLICATION FOR SICK LEAVE PRIOR TO SEPARATION FROM THE SERVICE IS NOT ENTITLED TO PAYMENT FOR UNUSED SICK LEAVE WHICH. 1952: REFERENCE IS MADE TO YOUR LETTER OF JULY 12. THE DISALLOWANCE WAS FOR THE REASON THAT YOU HAD EXHAUSTED YOUR ANNUAL LEAVE WHEN YOU WERE SEPARATED AND HAD NOT APPLIED FOR NOR BEEN GRANTED SICK LEAVE. CONSEQUENTLY THERE WAS NO BASIS UPON WHICH YOU COULD BE PAID FOR THE UNUSED SICK LEAVE AT THIS TIME. YOU STATE THAT YOU INFORMED THE OFFICIAL GOVERNMENT REPRESENTATIVE OF THE REASON FOR YOUR RESIGNATION WHICH WAS DUE TO PREGNANCY AND THAT THE CLERK WAS NEGLIGENT IN MAKING THE PAPERS OUT THE WAY SHE DID.

B-111028, AUGUST 7, 1952, 32 COMP. GEN. 82

LEAVES OF ABSENCE - SICK - APPLICATION NECESSITY PRIOR TO SEPARATION FROM SERVICE AN EMPLOYEE WHOSE RESIGNATION FAILS TO INDICATE THAT IT WAS NECESSITATED BY ILLNESS OR PREGNANCY AND WHO FAILED TO FILE AN APPLICATION FOR SICK LEAVE PRIOR TO SEPARATION FROM THE SERVICE IS NOT ENTITLED TO PAYMENT FOR UNUSED SICK LEAVE WHICH, UNDER THE ACT OF MARCH 14, 1936, COULD BE GRANTED IN KIND ONLY PRIOR TO SEPARATION.

COMPTROLLER GENERAL WARREN TO SYLVIA F. FISHER, AUGUST 7, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JULY 12, 1952, REQUESTING REVIEW OF THE SETTLEMENT OF MAY 16, 1952, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT FOR SICK AND ANNUAL LEAVE AS AN EMPLOYEE OF THE OFFICE OF WAR INFORMATION, OFFICE OF FACTS AND FIGURES, BUREAU OF INTELLIGENCE, SOURCES DIVISION, COVERING THE PERIOD FEBRUARY 14, 1942 TO JULY 14, 1942. THE DISALLOWANCE WAS FOR THE REASON THAT YOU HAD EXHAUSTED YOUR ANNUAL LEAVE WHEN YOU WERE SEPARATED AND HAD NOT APPLIED FOR NOR BEEN GRANTED SICK LEAVE. CONSEQUENTLY THERE WAS NO BASIS UPON WHICH YOU COULD BE PAID FOR THE UNUSED SICK LEAVE AT THIS TIME.

IN YOUR REQUEST FOR REVIEW, YOU STATE THAT YOU INFORMED THE OFFICIAL GOVERNMENT REPRESENTATIVE OF THE REASON FOR YOUR RESIGNATION WHICH WAS DUE TO PREGNANCY AND THAT THE CLERK WAS NEGLIGENT IN MAKING THE PAPERS OUT THE WAY SHE DID. THERE IS ON FILE WITH YOUR CLAIM, A PHOTOSTATIC COPY OF YOUR RESIGNATION DATED JUNE 26, 1942, THE ONLY REASON THEREFOR BEING " RESIGNING FROM THE GOVERNMENT SERVICE.' IT WAS ALSO STATED THEREIN THAT YOUR LAST WORK DAY WOULD BE JULY 2, 1942. NO MENTION IS MADE OF ILLNESS OR PREGNANCY AND APPARENTLY NO APPLICATION FOR SICK LEAVE WAS EVER FILED BY YOU.

SICK LEAVE UNDER THE ACT OF MARCH 14, 1936, 49 STAT. 1162, COULD BE GRANTED IN KIND, ONLY, THAT IS, BY PERMISSION TO BE ABSENT FROM DUTY WITHOUT LOSS OF PAY WHILE STILL ON THE ROLLS OF THE EMPLOYING AGENCY AND ANY SICK LEAVE NOT SO GRANTED AND TAKEN PRIOR TO SEPARATION FROM THE SERVICE IS FORFEITED. THERE IS NO REQUIREMENT THAT THE ADMINISTRATIVE OFFICIALS INFORM AN EMPLOYEE WHO IS RESIGNING THAT SHE MIGHT BE ENTITLED TO SICK LEAVE SHOULD SHE FILE FOR APPLICATION THEREFOR ACCOMPANIED BY THE NECESSARY MEDICAL EVIDENCE. ACCORDINGLY, NO NEGLIGENCE WAS INVOLVED IN ACCEPTING YOUR RESIGNATION AS TENDERED WITHOUT NOTICE OF POSSIBLE RIGHTS UNDER THE SICK LEAVE LAWS AND REGULATIONS.

WITH RESPECT TO YOUR REQUEST FOR INFORMATION AS TO WHAT AGENCY YOU MAY APPEAL FROM A DECISION OF THIS OFFICE YOU MAY BE ADVISED THAT DECISIONS BY THE COMPTROLLER GENERAL OF THE UNITED STATES ARE FINAL AND CONCLUSIVE ON ALL OFFICERS OR EMPLOYEES IN THE EXECUTIVE BRANCH OF THE GOVERNMENT, AND ARE NOT APPEALABLE TO ANY OFFICER OF THE GOVERNMENT. OF COURSE, THIS DOES NOT PRECLUDE YOU FROM FILING A SUIT IN A COURT OF COMPETENT JURISDICTION IF YOU WISH TO PURSUE THAT COURSE.

UPON REVIEW, THE DISALLOWANCE OF YOUR CLAIM APPEARS PROPER, AND SAID ACTION MUST BE AND IS SUSTAINED.