B-123655, DEC. 6, 1955

B-123655: Dec 6, 1955

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REPORTED THAT THE EMPLOYEE WAS IN A SICK LEAVE STATUS FROM JULY 30. EXCEPT FOR 109 HOURS FROM OCTOBER 10 THROUGH FIVE HOURS OF OCTOBER 28 WHICH WERE CHARGED TO ANNUAL LEAVE. THE 109 HOURS WERE RECREDITED TO ANNUAL LEAVE AND CHARGED TO SICK LEAVE UPON A LATER ADMINISTRATIVE DETERMINATION THAT THE CHARGE TO ANNUAL LEAVE WAS ERRONEOUS. THE DOCUMENTS ACCOMPANYING YOUR LETTER OF NOVEMBER 2 ESTABLISH THAT SICK LEAVE APPLICATIONS COVERING THE PERIOD IN QUESTION WERE PROPERLY CERTIFIED AND PRESENTED AND THAT NO APPLICATION FOR ANNUAL LEAVE WAS EITHER SUBMITTED OR APPROVED. THAT ANNUAL LEAVE WAS NEITHER REQUESTED NOR AUTHORIZED. ON THE CONTRARY THAT SICK LEAVE FOR THE 109 HOURS WAS PROPERLY APPLIED FOR AND GRANTED.

B-123655, DEC. 6, 1955

TO MR. M. R. SCOTT, AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF AGRICULTURE:

YOUR LETTER OF NOVEMBER 2, 1955 (YOUR REFERENCE A, DISBURSEMENT, VOUCHERS (ADVANCE DECISIONS) ( REQUESTS OUR DECISION WHETHER A SUPPLEMENTAL VOUCHER THEREWITH TRANSMITTED COVERING A DISPUTED PERIOD OF ANNUAL LEAVE TO THE CREDIT OF THE ACCOUNT OF A DECEASED EMPLOYEE MAY BE CERTIFIED FOR PAYMENT. YOUR ORIGINAL SUBMISSION ON THE MATTER DATED APRIL 15, 1955, REPORTED THAT THE EMPLOYEE WAS IN A SICK LEAVE STATUS FROM JULY 30, 1954, THROUGH NOVEMBER 25, 1954, THE DAY OF HIS DEATH, EXCEPT FOR 109 HOURS FROM OCTOBER 10 THROUGH FIVE HOURS OF OCTOBER 28 WHICH WERE CHARGED TO ANNUAL LEAVE. THE 109 HOURS WERE RECREDITED TO ANNUAL LEAVE AND CHARGED TO SICK LEAVE UPON A LATER ADMINISTRATIVE DETERMINATION THAT THE CHARGE TO ANNUAL LEAVE WAS ERRONEOUS. IN OUR DECISION OF MAY 16, 1955, WE SUGGESTED THAT YOU SUBMIT A SUPPLEMENTAL VOUCHER TO COVER THE 109 HOURS OF ANNUAL LEAVE IN QUESTION TOGETHER WITH A DETAILED STATEMENT BY THE ADMINISTRATIVE OFFICIALS INVOLVED SHOWING THE NATURE OF THE ALLEGED ADMINISTRATIVE ERROR.

THE DOCUMENTS ACCOMPANYING YOUR LETTER OF NOVEMBER 2 ESTABLISH THAT SICK LEAVE APPLICATIONS COVERING THE PERIOD IN QUESTION WERE PROPERLY CERTIFIED AND PRESENTED AND THAT NO APPLICATION FOR ANNUAL LEAVE WAS EITHER SUBMITTED OR APPROVED, VERBALLY OR OTHERWISE, AS REQUIRED BY YOUR ESTABLISHED PROCEDURES. IT THUS APPEARS, THAT ANNUAL LEAVE WAS NEITHER REQUESTED NOR AUTHORIZED, BUT ON THE CONTRARY THAT SICK LEAVE FOR THE 109 HOURS WAS PROPERLY APPLIED FOR AND GRANTED. THUS, THE ALLEGATION OF ADMINISTRATIVE ERROR MADE IN YOUR PREVIOUS LETTER OF CHARGING 109 HOURS TO ANNUAL LEAVE INSTEAD OF TO SICK LEAVE IS CORROBORATED BY THE PAPERS ACCOMPANYING YOUR PRESENT SUBMISSION. ACCORDINGLY, THE SUPPLEMENTAL VOUCHER MAY BE CERTIFIED FOR PAYMENT.