B-144922, MAR. 14, 1961

B-144922: Mar 14, 1961

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JENNINGS' RESIGNATION WAS SUBMITTED BECAUSE OF ILLNESS. THE SEPARATION DATE SHOULD HAVE BEEN EFFECTIVE AFTER THE EXPIRATION OF THE UNUSED SICK LEAVE TO HER CREDIT RATHER THAN TERMINATED AS OF HER LAST WORK DAY AS SHOWN IN HER RESIGNATION. JENNINGS' RESIGNATION AS OF HER LAST WORK DAY WAS DUE TO AN ADMINISTRATIVE ERROR SINCE IT IS AN ADMINISTRATION POLICY PURSUANT TO DEPARTMENT OF LABOR. IV B 1 B (7) THAT WHEN EMPLOYEES RESIGN BECAUSE OF ILLNESS OR INJURY WHICH PREVENTS THEIR RETURN TO DUTY THEY "MAY BE GRANTED SICK LEAVE NOT IN EXCESS OF THE SICK LEAVE TIME WHICH HAS ACCRUED THROUGH THE LAST FULL PAY PERIOD FOR WHICH LEAVE TIME WAS CREDITABLE UPON RECEIPT OF APPLICATION SUPPORTED BY APPROPRIATE MEDICAL CERTIFICATE.'.

B-144922, MAR. 14, 1961

TO FISCAL OFFICER, BUREAU OF EMPLOYEES' COMPENSATION:

YOUR LETTER OF JANUARY 24, 1961, REQUESTS OUR DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER FOR $172.20 COVERING ADDITIONAL COMPENSATION FOR SICK LEAVE, IN FAVOR OF MRS. NANCY P. JENNINGS, A FORMER EMPLOYEE OF THE BUREAU OF EMPLOYEES' COMPENSATION AT NORFOLK, VIRGINIA.

THE RECORD SHOWS THAT ON THE EFFECTIVE DATE OF MRS. JENNINGS' RESIGNATION, SEPTEMBER 2, 1960, SHE HAD UNUSED SICK LEAVE TO HER CREDIT FOR 84 HOURS. YOU SAY THAT SINCE MRS. JENNINGS' RESIGNATION WAS SUBMITTED BECAUSE OF ILLNESS, THE SEPARATION DATE SHOULD HAVE BEEN EFFECTIVE AFTER THE EXPIRATION OF THE UNUSED SICK LEAVE TO HER CREDIT RATHER THAN TERMINATED AS OF HER LAST WORK DAY AS SHOWN IN HER RESIGNATION. YOU FURTHER SAY THE ACCEPTANCE OF MRS. JENNINGS' RESIGNATION AS OF HER LAST WORK DAY WAS DUE TO AN ADMINISTRATIVE ERROR SINCE IT IS AN ADMINISTRATION POLICY PURSUANT TO DEPARTMENT OF LABOR, PERSONNEL INSTRUCTION NUMBER 27, IV B 1 B (7) THAT WHEN EMPLOYEES RESIGN BECAUSE OF ILLNESS OR INJURY WHICH PREVENTS THEIR RETURN TO DUTY THEY "MAY BE GRANTED SICK LEAVE NOT IN EXCESS OF THE SICK LEAVE TIME WHICH HAS ACCRUED THROUGH THE LAST FULL PAY PERIOD FOR WHICH LEAVE TIME WAS CREDITABLE UPON RECEIPT OF APPLICATION SUPPORTED BY APPROPRIATE MEDICAL CERTIFICATE.'

AT OUR INFORMAL REQUEST WE HAVE RECEIVED A STATEMENT FROM MRS. LUCILLE E. MCMILLIAN WHO APPARENTLY WAS A SUPERVISOR IN THE OFFICE AT NORFOLK. SHE SAYS SHE DISCUSSED THE MATTER OF SICK LEAVE WITH MRS. JENNINGS PRIOR TO THE LATTER'S RESIGNATION, AND INFORMED HER THAT UPON HER RESIGNATION DUE TO PREGNANCY SHE "AUTOMATICALLY WOULD BE PAID FOR HER UNUSED SICK LEAVE.'

IT APPEARS THAT MRS. JENNINGS RELIED UPON THE STATEMENT OF MRS. MCMILLIAN THAT PAYMENT OF SICK LEAVE WOULD BE MADE UPON HER IMMEDIATE RESIGNATION; AND WE ASSUME THAT AFTER HER INQUIRY SHE BELIEVED SHE HAD TAKEN THE NECESSARY STEPS TO RECEIVE SUCH PAYMENT.

SINCE THE ACTION IN SEPARATING MRS. JENNINGS WITHOUT THE GRANTING OF SICK LEAVE WAS CONTRARY TO THE BUREAU'S POLICY IN PREGNANCY CASES, AND IN VIEW OF THE ERRONEOUS INFORMATION GIVEN TO MRS. JENNINGS PRIOR TO HER RESIGNATION, WE HAVE NO OBJECTION TO A CORRECTION OF HER SEPARATION DATE TO AUTHORIZE A PROPER PAYMENT OF THE UNUSED SICK LEAVE TO HER CREDIT.

THEREFORE, THE VOUCHER, WHICH TOGETHER WITH RELATED PAPERS IS RETURNED, MAY BE CERTIFIED FOR PAYMENT UPON CORRECTION OF THE SEPARATION DATE AS INDICATED ABOVE.