B-132671, AUG. 23, 1957

B-132671: Aug 23, 1957

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YOU CONTEND THAT THROUGH AN ADMINISTRATIVE ERROR YOU WERE NOT PERMITTED TO LIQUIDATE THE CURRENT YEAR'S UNUSED ANNUAL LEAVE PRIOR TO YOUR SEPARATION. WAS ACCEPTED BY THE ADMINISTRATIVE OFFICE IN THE TERMS TENDERED. THAT IS EFFECTIVE THE CLOSE OF BUSINESS APRIL 19. THERE IS NO LAW AUTHORIZING PAYMENT AFTER SEPARATION FROM THE SERVICE. IT IS SETTLED LAW IN GOVERNMENT EMPLOYMENT THAT A VOLUNTARY RESIGNATION WHICH IS ACCEPTED IN THE TERMS TENDERED IS EFFECTIVE TO SEPARATE THE EMPLOYEE FROM THE SERVICE ON THE MUTUALLY ESTABLISHED DATE. ONCE AN EMPLOYEE'S SEPARATION HAS BECOME AN ACCOMPLISHED FACT IT IS EQUALLY ESTABLISHED THAT NO ACTION ON THE PART OF THE EMPLOYEE. DISALLOWING YOUR CLAIM IS SUSTAINED.

B-132671, AUG. 23, 1957

TO MR. SIDNEY A. COVEN:

YOUR LETTER OF JULY 18, 1957, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT OF JULY 11, 1957, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL LUMP-SUM PAYMENT FOR ANNUAL LEAVE ALLEGED TO BE DUE UPON YOUR RESIGNATION FROM A POSITION WITH THE NATIONAL LABOR RELATIONS BOARD.

THE RECORDS SHOW THAT AT THE TIME YOU SUBMITTED YOUR RESIGNATION EFFECTIVE AT THE CLOSE OF BUSINESS APRIL 19, 1957, YOUR ANNUAL LEAVE AMOUNTED TO 436 HOURS, REPRESENTING 380 HOURS CARRIED OVER FROM THE 1956 LEAVE YEAR AND 56 HOURS OF CURRENT YEAR ACCRUAL. YOU 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. SUCH LEAVE CAN BE GRANTED IN KIND ONLY. YOU CONTEND THAT THROUGH AN ADMINISTRATIVE ERROR YOU WERE NOT PERMITTED TO LIQUIDATE THE CURRENT YEAR'S UNUSED ANNUAL LEAVE PRIOR TO YOUR SEPARATION.

YOUR WRITTEN RESIGNATION DATED APRIL 8, 1957, WAS ACCEPTED BY THE ADMINISTRATIVE OFFICE IN THE TERMS TENDERED, THAT IS EFFECTIVE THE CLOSE OF BUSINESS APRIL 19, 1957. THERE IS NO LAW AUTHORIZING PAYMENT AFTER SEPARATION FROM THE SERVICE, FOR LEAVE ACCRUED BUT NOT TAKEN PRIOR TO SUCH SEPARATION. SEE 16 COMP. GEN. 28; ID. 899. IT IS SETTLED LAW IN GOVERNMENT EMPLOYMENT THAT A VOLUNTARY RESIGNATION WHICH IS ACCEPTED IN THE TERMS TENDERED IS EFFECTIVE TO SEPARATE THE EMPLOYEE FROM THE SERVICE ON THE MUTUALLY ESTABLISHED DATE. ONCE AN EMPLOYEE'S SEPARATION HAS BECOME AN ACCOMPLISHED FACT IT IS EQUALLY ESTABLISHED THAT NO ACTION ON THE PART OF THE EMPLOYEE, THE EMPLOYER, OR BOTH CAN THEREAFTER CHANGE THAT DATE. SEE 16 COMP. GEN. 953; 19 ID. 236; 32 ID. 111. THEREFORE, WE MUST CONCLUDE THAT YOUR 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.

ACCORDINGLY, UPON REVIEW, THE ACTION TAKEN IN THE SETTLEMENT OF JULY 11, DISALLOWING YOUR CLAIM IS SUSTAINED.