B-129860, DEC. 26, 1956

B-129860: Dec 26, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

COVERING CURRENT ACCRUED ANNUAL LEAVE WHICH WAS NOT GRANTED IN KIND PRIOR TO HIS SEPARATION FROM THE SERVICE. WHO WAS EMPLOYED BY THE GENERAL SERVICES ADMINISTRATION AT BUTTE. HE RESIGNED BECAUSE HE WAS UNABLE TO ACCEPT A TRANSFER TO HIS NEW DUTY STATION AT NYE. THE RESIGNATION WAS PROCESSED EFFECTIVE C.O.B. NO FORFEITURE OF EXCESS LEAVE WOULD HAVE OCCURRED. THE ADVERSE TREATMENT OF THE EMPLOYEE UNDER THE ESTABLISHED POLICY IS STATED TO HAVE BEEN UNINTENTIONAL AND IT IS NOW DESIRED TO ADMINISTRATIVELY AMEND BY PERSONNEL ACTION THE EFFECTIVE DATE OF MR. THE DATE RESIGNATION WAS SUBMITTED. TO HAVE USED UP HIS CURRENT ACCRUED LEAVE BUT FAILED TO AVAIL HIMSELF OF THAT OPPORTUNITY. - NO SHOWING THAT IT WAS APPLIED FOR AND DENIED.

B-129860, DEC. 26, 1956

TO MR. D. C. LYNCH, AUTHORIZED CERTIFYING OFFICER, GENERAL SERVICES ADMINISTRATION:

YOUR LETTER OF NOVEMBER 19, 1956 (FILE CAC) REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE ENCLOSED SUPPLEMENTAL PAYROLL IN FAVOR OF MR. SIDNEY A. BROWN, COVERING CURRENT ACCRUED ANNUAL LEAVE WHICH WAS NOT GRANTED IN KIND PRIOR TO HIS SEPARATION FROM THE SERVICE.

ON APRIL 11, 1956, MR. SIDNEY A. BROWN, WHO WAS EMPLOYED BY THE GENERAL SERVICES ADMINISTRATION AT BUTTE, MONTANA, AS A METAL MINING ENGINEER, SUBMITTED HIS RESIGNATION, SPECIFYING MAY 1, 1956, AS THE EFFECTIVE DATE. HE RESIGNED BECAUSE HE WAS UNABLE TO ACCEPT A TRANSFER TO HIS NEW DUTY STATION AT NYE, MONTANA. THE RESIGNATION WAS PROCESSED EFFECTIVE C.O.B. MAY 1, 1956. AS OF THAT DATE, MR. BROWN'S ANNUAL LEAVE AMOUNTED TO 506 HOURS, CONSISTING OF 458 HOURS WHICH HAD BEEN CARRIED OVER FROM THE 1955 LEAVE YEAR AND 48 HOURS OF CURRENT YEAR ACCRUAL. HE RECEIVED A LUMP-SUM PAYMENT FOR THE ACCUMULATED LEAVE WHICH HAD BEEN CARRIED OVER FROM THE PREVIOUS YEAR BUT IN ACCORDANCE WITH THE PRESENT LEAVE ACT THE LUMP-SUM LEAVE PAYMENT COULD NOT INCLUDE THE LEAVE ACCRUED DURING THE CURRENT YEAR. HOWEVER, HAD THE EFFECTIVE DATE OF MR. BROWN'S RESIGNATION BEEN ADVANCED TO MAY 10, 1956, SO AS TO ALLOW PRIOR LIQUIDATION OF THE CURRENT YEAR'S UNUSED ANNUAL LEAVE IN ACCORDANCE WITH ADMINISTRATION POLICY AS STATED IN GSA MANUAL GS-2-3, SECTION 602.02C, NO FORFEITURE OF EXCESS LEAVE WOULD HAVE OCCURRED.

THE ADVERSE TREATMENT OF THE EMPLOYEE UNDER THE ESTABLISHED POLICY IS STATED TO HAVE BEEN UNINTENTIONAL AND IT IS NOW DESIRED TO ADMINISTRATIVELY AMEND BY PERSONNEL ACTION THE EFFECTIVE DATE OF MR. BROWN'S RESIGNATION TO MAY 10, 1956, AND ADJUST THE FINAL SETTLEMENT BY PAYMENT OF THE ENCLOSED SUPPLEMENTAL PAYROLL.

IN VIEW OF THE FACT THAT THE PRESENT RECORD INDICATES THAT THE EMPLOYEE'S RESIGNATION CONTAINED NO LIMITATION OR QUALIFICATION REGARDING ITS ACCEPTANCE, AND THAT HE HAD AMPLE TIME BETWEEN APRIL 11, 1956, THE DATE RESIGNATION WAS SUBMITTED, AND MAY 1, 1956, THE EFFECTIVE DATE OF SEPARATION, TO HAVE USED UP HIS CURRENT ACCRUED LEAVE BUT FAILED TO AVAIL HIMSELF OF THAT OPPORTUNITY--- NO SHOWING THAT IT WAS APPLIED FOR AND DENIED--- WE MUST CONCLUDE THAT THE CASE COMES WITHIN THE GENERAL RULE THAT ONCE AN EMPLOYEE'S SEPARATION FROM THE SERVICE BECOMES EFFECTIVE, HE CANNOT THEREAFTER BE RESTORED TO THE ROLLS FOR THE PURPOSE OF GRANTING LEAVE. 32 COMP. GEN. 111; B-120003, JULY 23, 1954.

ACCORDINGLY, THE PROPOSED PERSONNEL ACTION WOULD NOT BE PROPER AND THE SUPPLEMENTAL PAYROLL, WHICH IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.