B-144062, MAR. 28, 1961

B-144062, MAR. 28, 1961

TO AUTHORIZED CERTIFYING OFFICER, HEADQUARTERS, U.S. AIR FORCE, DEPARTMENT OF THE AIR FORCE:

ON JANUARY 12, 1961, MISS RUTH E. TEUNIS REQUESTED US TO RECONSIDER OUR DECISION OF OCTOBER 10, 1960, TO YOU. THAT DECISION WAS TO THE EFFECT THAT 48 DAYS AND 2 HOURS SICK LEAVE ACCUMULATED BY HER DURING HER EMPLOYMENT WITH THE DEPARTMENT OF THE INTERIOR, PUBLIC WORKS ADMINISTRATION, UNDER AN EMERGENCY APPOINTMENT (WHICH WAS PERMANENT FOR LEAVE PURPOSES) COULD NOT BE TRANSFERRED UNDER THE LEAVE REGULATIONS IN EFFECT WHEN SHE ACCEPTED A TEMPORARY APPOINTMENT WITH THE DEPARTMENT OF AGRICULTURE ON AUGUST 7, 1940, AND THAT SUCH LEAVE, THEREFORE, WAS FORFEITED. MISS TEUNIS REQUESTED RECONSIDERATION ON THE BASIS THAT SHE WAS PLACED ON FURLOUGH BY THE PUBLIC WORKS ADMINISTRATION FOR ONE YEAR, BECAUSE OF LACK OF FUNDS, WHICH ACTION SHE UNDERSTOOD PROTECTED HER CONCERNING THE TRANSFER OF SICK LEAVE REGARDLESS OF THE TYPE OF APPOINTMENT SHE ACCEPTED WITHIN THE FURLOUGH PERIOD.

ALTHOUGH WE DO NOT, GENERALLY, RECONSIDER A DECISION TO A CERTIFYING OFFICER ON THE CLAIMANT'S REQUEST, WE FEEL JUSTIFIED TO DO THAT HERE IN VIEW OF CERTAIN INFORMATION WHICH WAS NOT EMPHASIZED IN YOUR SUBMISSION OF SEPTEMBER 21, 1960, AND WHICH WE DID NOT SPECIFICALLY CONSIDER IN OUR ORIGINAL DECISION, NAMELY, WHAT EFFECT THE ACCEPTANCE OF A TEMPORARY APPOINTMENT DURING A FURLOUGH PERIOD HAD UPON THE FURLOUGH ITSELF SO FAR AS CONCERNED LEAVE CREDITING RIGHTS.

A TEMPORARY APPOINTMENT MAY, BUT DOES NOT NECESSARILY, TERMINATE AN ADMINISTRATIVE FURLOUGH. 16 COMP. GEN. 720; 32 COMP. GEN. 310, AND DECISIONS CITED THEREIN. MISS TEUNIS' FURLOUGH WAS PURPORTEDLY TERMINATED EFFECTIVE AUGUST 6, 1940. IT APPEARS, HOWEVER, FROM A LETTER DATED MAY 16, 1941, FROM THE FEDERAL WORKS AGENCY, PUBLIC WORKS ADMINISTRATION, TO THE DIRECTOR OF PERSONNEL, DEPARTMENT OF AGRICULTURE, THAT HER FURLOUGH WAS RETROACTIVELY TERMINATED (AFTER HER PERMANENT APPOINTMENT FOR LEAVE PURPOSES). CONSEQUENTLY, THE ACTION TO TERMINATE HER FURLOUGH ON THE DAY PRECEDING HER TEMPORARY APPOINTMENT WAS NOT EFFECTIVE. THEREFORE, SHE REMAINED ON FURLOUGH FROM THE FEDERAL WORKS AGENCY UNTIL THE FURLOUGH WAS AUTOMATICALLY TERMINATED BY HER ACCEPTANCE FOR AN INDEFINITE APPOINTMENT WITH THE DEPARTMENT OF AGRICULTURE ON DECEMBER 7, 1940, WHICH WAS PERMANENT FOR LEAVE PURPOSES.

SINCE SHE WAS ON FURLOUGH DURING THE TEMPORARY APPOINTMENT, THERE WAS NO BREAK IN HER SERVICE AS A PERMANENT EMPLOYEE FOR LEAVE PURPOSES PRIOR TO HER INDEFINITE APPOINTMENT. THEREFORE, THE 48 DAYS AND 2 HOURS SICK LEAVE TO HER CREDIT WHEN SHE WAS FURLOUGHED FROM THE PUBLIC WORKS ADMINISTRATION WAS NOT FORFEITED; HENCE, THAT LEAVE MAY NOW BE RECREDITED TO HER ACCOUNT.