B-125882, NOV. 9, 1955

B-125882: Nov 9, 1955

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ATTORNEY AT LAW: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 28. UNTIL HE COULD PRODUCE SATISFACTORY PROOF THAT HE WAS CURED AND ABLE TO RETURN TO WORK. THAT HE WAS GRANTED HIS ACCRUED SICK LEAVE AND ANNUAL LEAVE. REQUESTED AND WAS GRANTED 30 DAYS ADVANCE SICK LEAVE EXPIRING OCTOBER 12. AT WHICH TIME HE WAS PLACED ON LEAVE WITHOUT PAY UNTIL NOVEMBER 19. UPON APPEAL TO THE CIVIL SERVICE COMMISSION IT WAS HELD THAT THE ADMINISTRATIVE OFFICE HAD COMMITTED A PROCEDURAL ERROR IN SUSPENDING MR. RIEMEYER WITHOUT PAY AND HE WAS ORDERED RESTORED RETROACTIVELY FROM OCTOBER 12. RIEMEYER RECEIVED HIS REGULAR COMPENSATION FOR THE PERIOD CHARGED TO HIS ANNUAL AND SICK LEAVE THERE IS NOTHING FURTHER DUE HIM FOR THAT PERIOD.

B-125882, NOV. 9, 1955

TO M. ROSS BIGELOW, ATTORNEY AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 28, 1955, FORWARDED TO US BY LETTER OF OCTOBER 19, 1955, FROM THE COMMANDING OFFICER, U.S. NAVAL STATION AT LONG BEACH, IN BEHALF OF MR. WILLIAM R. RIEMEYER. YOU REQUEST CORRECTIVE ACTION BY OUR OFFICE IN THE MATTER OF 61 HOURS OF ANNUAL LEAVE, 4 HOURS SICK LEAVE AND 30 DAYS ADVANCE SICK LEAVE GRANTED MR. RIEMEYER UPON HIS OWN REQUEST.

IT APPEARS THAT BECAUSE OF A SUSPECTED LUNG CONDITION WHICH MIGHT ENDANGER THE HEALTH OF FELLOW EMPLOYEES THE MEDICAL OFFICER ORDERED MR. RIEMEYER OFF THE JOB AUGUST 26, 1954, UNTIL HE COULD PRODUCE SATISFACTORY PROOF THAT HE WAS CURED AND ABLE TO RETURN TO WORK; THAT HE WAS GRANTED HIS ACCRUED SICK LEAVE AND ANNUAL LEAVE, AND REQUESTED AND WAS GRANTED 30 DAYS ADVANCE SICK LEAVE EXPIRING OCTOBER 12, 1954, AT WHICH TIME HE WAS PLACED ON LEAVE WITHOUT PAY UNTIL NOVEMBER 19, 1954. UPON APPEAL TO THE CIVIL SERVICE COMMISSION IT WAS HELD THAT THE ADMINISTRATIVE OFFICE HAD COMMITTED A PROCEDURAL ERROR IN SUSPENDING MR. RIEMEYER WITHOUT PAY AND HE WAS ORDERED RESTORED RETROACTIVELY FROM OCTOBER 12, 1954. HE HAS BEEN PAID HIS COMPENSATION FOR THE PERIOD OF SUSPENSION WITHOUT PAY.

AS MR. RIEMEYER RECEIVED HIS REGULAR COMPENSATION FOR THE PERIOD CHARGED TO HIS ANNUAL AND SICK LEAVE THERE IS NOTHING FURTHER DUE HIM FOR THAT PERIOD; HENCE, THERE IS NOTHING OVER WHICH OUR OFFICE MAY EXERCISE JURISDICTION IN REGARD TO THE MATTER AT THIS TIME. THE GRANTING OF ANNUAL AND SICK LEAVE IS A MATTER SUBJECT TO ADMINISTRATIVE JURISDICTION AND LIKEWISE ANY CHANGE IN THE RECORDS OF ANNUAL AND SICK LEAVE IS FOR ADMINISTRATIVE CONSIDERATION. IN THE CIRCUMSTANCES WE ARE WITHOUT AUTHORITY TO GRANT YOUR REQUEST FOR THE RESTORATION OF THE LEAVE IN QUESTION.