B-135877, JUN. 12, 1958

B-135877: Jun 12, 1958

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THE MATTER WAS THE SUBJECT OF A REPORT DATED JUNE 3. THAT WAS 184 HOURS IN EXCESS OF HIS LEAVE CEILING. UPON SEPARATION HIS LUMP-SUM PAYMENT WAS LIMITED TO 240 HOURS BECAUSE OF SECTION 4 OF THE ACT OF JULY 2. PAYMENT FOR 184 HOURS' LEAVE WAS DENIED. THE RECORD FURTHER DISCLOSES THAT IT WAS NOT ONLY HIS INTENTION BUT THAT OF THE OFFICIALS OF THE GENERAL SERVICES ADMINISTRATION IN NEW ORLEANS. SHOWS THAT THE ACTION TAKEN WAS NOT IN ACCORD WITH THE POLICY OF THE GENERAL SERVICES ADMINISTRATION. THAT ADMINISTRATIVELY IT WOULD HAVE BEEN FEASIBLE TO HAVE CARRIED THE EMPLOYEE ON THE ROLLS FOR AN ADDITIONAL PERIOD TO PERMIT HIS USE OF THE CURRENT ACCRUED LEAVE WHICH UNDER THE LAW COULD NOT BE INCLUDED IN THE LUMP-SUM LEAVE PAYMENT.

B-135877, JUN. 12, 1958

TO HONORABLE FRANKLIN FLOETE, ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION:

THIS REFERS TO THE CASE OF MR. WALTER A. DUPLANTIER, SR., WHO FORFEITED 23 DAYS OF ANNUAL LEAVE UPON HIS SEPARATION AND RETIREMENT FROM THE GENERAL SERVICES ADMINISTRATION. THE MATTER WAS THE SUBJECT OF A REPORT DATED JUNE 3, 1958, FROM YOUR AGENCY BY THE ASSISTANT COMPTROLLER, ACCOUNTING, REFERENCE CAC, RE: B-135877.

THE RECORD DISCLOSES THAT MR. DUPLANTIER, AT THE TIME OF HIS RESIGNATION FOR RETIREMENT PURPOSES, HAD 424 HOURS OF ANNUAL LEAVE TO HIS CREDIT. THAT WAS 184 HOURS IN EXCESS OF HIS LEAVE CEILING. UPON SEPARATION HIS LUMP-SUM PAYMENT WAS LIMITED TO 240 HOURS BECAUSE OF SECTION 4 OF THE ACT OF JULY 2, 1953, 67 STAT. 136, 5 U.S.C. 61B,AND PAYMENT FOR 184 HOURS' LEAVE WAS DENIED. THE RECORD FURTHER DISCLOSES THAT IT WAS NOT ONLY HIS INTENTION BUT THAT OF THE OFFICIALS OF THE GENERAL SERVICES ADMINISTRATION IN NEW ORLEANS, THAT HIS SEPARATION BE SO AFFECTED AS TO GRANT HIM FULL BENEFIT OF ALL ACCRUED ANNUAL LEAVE.

THE REPORT OF JUNE 3, 1958, SHOWS THAT THE ACTION TAKEN WAS NOT IN ACCORD WITH THE POLICY OF THE GENERAL SERVICES ADMINISTRATION; THAT ADMINISTRATIVELY IT WOULD HAVE BEEN FEASIBLE TO HAVE CARRIED THE EMPLOYEE ON THE ROLLS FOR AN ADDITIONAL PERIOD TO PERMIT HIS USE OF THE CURRENT ACCRUED LEAVE WHICH UNDER THE LAW COULD NOT BE INCLUDED IN THE LUMP-SUM LEAVE PAYMENT; AND THAT THE RETIREMENT APPLICATION WAS NOT ACCEPTED IN THE TERMS TENDERED.

THEREFORE, UNDER THE FACTS AND CIRCUMSTANCES PRESENT IN THIS CASE, OUR OFFICE WOULD INTERPOSE NO OBJECTION TO YOUR TAKING CORRECTIVE ACTION TO EXTEND THE DATE OF SEPARATION FOR 23 DAYS IN ORDER TO PERMIT THE PAYMENT OF THE CURRENT ACCRUED ANNUAL LEAVE DUE MR. DUPLANTIER, WHICH COULD NOT BE INCLUDED IN THE LUMP-SUM LEAVE PAYMENT. SEE 21 COMP. GEN. 517; AND 33 ID. 85 (QUESTION AND ANSWER 1/B) AT PAGES 86 AND 87).