B-119303, MARCH 31, 1954, 33 COMP. GEN. 422

B-119303: Mar 31, 1954

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954: REFERENCE IS MADE TO YOUR LETTER OF MARCH 12. WHICH WAS AT THAT TIME AND IS CURRENTLY IN PROCESS OF LIQUIDATION. WAS NOTIFIED BY LETTER OF OCTOBER 12. THE EFFECTIVE DATE OF THE REDUCTION-IN FORCE NOTICE WAS ADVANCED TO DECEMBER 11. THEN IN ANNUAL LEAVE STATUS INFORMED HIS SUPERVISOR BY TELEPHONE THAT HE HAD BEEN ADVISED BY HIS PHYSICIAN AN IMMEDIATE OPERATION TO CORRECT A HERNIA WAS NECESSARY. THAT TIME HE HAD NOT YET BEEN ABLE TO FINALIZE ARRANGEMENTS TO OBTAIN HOSPITAL FACILITIES BUT WAS TAKING STEPS TO DO SO. HE WAS ADVISED THAT HIS REQUEST WOULD BE TAKEN UNDER CONSIDERATION AND INQUIRY WOULD BE MADE TO DETERMINE THE SUFFICIENCY OF FUNDS TO PERMIT SUCH ACTION. 4. WAS FINALIZED.

B-119303, MARCH 31, 1954, 33 COMP. GEN. 422

LEAVES OF ABSENCE - SICK - SEPARATION FROM SERVICE - RESTORATION TO DUTY FOR PERIOD SUBSEQUENT TO SEPARATION FOR PURPOSE OF GRANTING SICK LEAVE AN EMPLOYEE MAY NOT BE RESTORED TO A PAY STATUS FOR ANY PERIOD SUBSEQUENT TO THE DATE OF SEPARATION FOR THE PURPOSE OF GRANTING SICK LEAVE IN THE ABSENCE OF ADMINISTRATIVE ERROR OR OVERSIGHT IN THE MATTER OF PROCESSING A SEPARATION ACTION.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR, HOUSING AND HOME FINANCE AGENCY, MARCH 31, 954:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1954, REQUESTING DECISION WHETHER THE DATE OF SEPARATION OF AN EMPLOYEE FROM THE SERVICE MAY BE EXTENDED (AFTER THE DATE OF SEPARATION) IN ORDER TO GRANT HIM SICK LEAVE UNDER THE FOLLOWING STATED FACTS AND CIRCUMSTANCES:

1. AN EMPLOYEE OF THE DIVISION OF HOUSING RESEARCH, WHICH WAS AT THAT TIME AND IS CURRENTLY IN PROCESS OF LIQUIDATION, WAS NOTIFIED BY LETTER OF OCTOBER 12, 1953, OF HIS PENDING REDUCTION-IN-FORCE TO BE EFFECTIVE NOVEMBER 23, 1953.

2. ON NOVEMBER 4, 1953, THE EFFECTIVE DATE OF THE REDUCTION-IN FORCE NOTICE WAS ADVANCED TO DECEMBER 11, 1953, BECAUSE THE EARLIER DATE HAD NOT ALLOWED SUFFICIENT INTERVENING TIME TO PERMIT THE EMPLOYEE TO TAKE THE CURRENT ANNUAL LEAVE STANDING TO HIS CREDIT.

3. ON DECEMBER 10, 1953 THE EMPLOYEE, THEN IN ANNUAL LEAVE STATUS INFORMED HIS SUPERVISOR BY TELEPHONE THAT HE HAD BEEN ADVISED BY HIS PHYSICIAN AN IMMEDIATE OPERATION TO CORRECT A HERNIA WAS NECESSARY. THAT TIME HE HAD NOT YET BEEN ABLE TO FINALIZE ARRANGEMENTS TO OBTAIN HOSPITAL FACILITIES BUT WAS TAKING STEPS TO DO SO. DURING THE CONVERSATION THE EMPLOYEE REQUESTED THAT HE BE PLACED IN SICK LEAVE STATUS FOR THE DURATION OF THE HOSPITALIZATION AND THE SUBSEQUENT PERIOD OF CONVALESCENCE. HE WAS ADVISED THAT HIS REQUEST WOULD BE TAKEN UNDER CONSIDERATION AND INQUIRY WOULD BE MADE TO DETERMINE THE SUFFICIENCY OF FUNDS TO PERMIT SUCH ACTION.

4. UNDER DATE OF DECEMBER 14, 1953, THE PERSONNEL ACTION SEPARATING THE EMPLOYEE, EFFECTIVE DECEMBER 11, 1953, WAS FINALIZED, IT HAVING BEEN BELIEVED AT THAT TIME THAT SUFFICIENT FUNDS WOULD NOT BE AVAILABLE TO CARRY THE CHARGES FOR BOTH THE LEAVE PAYMENT AND THE REMAINING REQUIREMENTS FOR LIQUIDATING THE RESEARCH FUNCTION.

5. DECEMBER 16, 1953, THE EMPLOYEE HAVING BEEN SUCCESSFUL IN OBTAINING HOSPITALIZATION, THE OPERATION WAS PERFORMED.

6. ON JANUARY 19, 1954, THE EMPLOYEE VISITED THE PERSONNEL OFFICE OF THE AGENCY TO ENTER AN OBJECTION TO THE ACTION TERMINATING HIS EMPLOYMENT WITHOUT HAVING GRANTED HIS REQUEST FOR SICK LEAVE TO WHICH HE BELIEVED HE WAS JUSTLY ENTITLED.

YOUR LETTER FAILS TO DISCLOSE ANY ADMINISTRATIVE ERROR OR OVERSIGHT IN THE MATTER OF PROCESSING THE SEPARATION ACTION; ON THE CONTRARY, THE DATE OF SEPARATION OF THE EMPLOYEE IN THIS CASE WAS FIXED INTENTIONALLY, AND WAS WITH FULL KNOWLEDGE OF THE FACTS AND CIRCUMSTANCES OF THE EMPLOYEE'S ILLNESS. ACCORDINGLY, HE MAY NOT BE RESTORED TO PAY STATUS FOR ANY PERIOD SUBSEQUENT TO THE DATE OF SEPARATION FOR THE PURPOSE OF GRANTING SICK LEAVE. 24 COMP. GEN. 27; 27 ID. 686; 32 ID. 82.