B-146543, AUG. 8, 1961

B-146543: Aug 8, 1961

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THE RECORD SHOWS THAT YOU WERE SEPARATED FROM YOUR POSITION WITH THE DEPARTMENT OF THE ARMY ON JANUARY 29. AS FOLLOWS: "UPON REEMPLOYMENT OF AN EMPLOYEE SUBJECT TO THIS ACT WHO WAS SEPARATED ON OR AFTER JANUARY 6. CPR L1.9-9-3 ARE TO THE SAME EFFECT. SINCE THE RECORD SHOWS YOU WERE SEPARATED JANUARY 29. WERE NOT REEMPLOYED UNTIL FEBRUARY 1. IT IS EVIDENT THAT 52 CONTINUOUS CALENDAR WEEKS HAD ELAPSED. YOU CONTEND THAT THE FORFEITURE WAS DUE TO ADMINISTRATIVE OVERSIGHT OR DELAY. THE ADMINISTRATIVE OFFICE CONCERNED INFORMS US THAT AN INVESTIGATIVE REPORT FROM THE SECURITY OFFICER WAS REQUIRED PRIOR TO EFFECTING REEMPLOYMENT AND THAT SUCH REPORT WAS RECEIVED ON FEBRUARY 1. THE DATE YOU WERE REEMPLOYED.

B-146543, AUG. 8, 1961

TO MR. HOWARD F. GOTTSCHALK:

YOUR LETTER OF APRIL 28, 1961, ADDRESSED TO US THROUGH THE COMMANDING GENERAL, UNITED STATES ARMY, HAWAII, REQUESTS THAT WE GIVE FAVORABLE CONSIDERATION TO THE RECREDIT OF YOUR FORFEITED ACCUMULATED SICK LEAVE UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

THE RECORD SHOWS THAT YOU WERE SEPARATED FROM YOUR POSITION WITH THE DEPARTMENT OF THE ARMY ON JANUARY 29, 1960, AND REEMPLOYED AT THE SAME HEADQUARTERS ON FEBRUARY 1, 1961. AT THE TIME OF YOUR SEPARATION YOU HAD ACCUMULATED 626 HOURS OF SICK LEAVE.

SECTION 30.702 (A), PAGE Z1-356.02, FEDERAL PERSONNEL MANUAL, PROVIDES, AS FOLLOWS:

"UPON REEMPLOYMENT OF AN EMPLOYEE SUBJECT TO THIS ACT WHO WAS SEPARATED ON OR AFTER JANUARY 6, 1952, WITHOUT A BREAK IN SERVICE, OR A BREAK OF NOT MORE THAN 52 CONTINUOUS CALENDAR WEEKS, THE EMPLOYEE'S SICK LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE TO HIS ACCOUNT.'

THE PROVISIONS OF C-1, CPR L1.9-9-3 ARE TO THE SAME EFFECT.

SINCE THE RECORD SHOWS YOU WERE SEPARATED JANUARY 29, 1960, AND WERE NOT REEMPLOYED UNTIL FEBRUARY 1, 1961, IT IS EVIDENT THAT 52 CONTINUOUS CALENDAR WEEKS HAD ELAPSED. YOU CONTEND THAT THE FORFEITURE WAS DUE TO ADMINISTRATIVE OVERSIGHT OR DELAY. THE ADMINISTRATIVE OFFICE CONCERNED INFORMS US THAT AN INVESTIGATIVE REPORT FROM THE SECURITY OFFICER WAS REQUIRED PRIOR TO EFFECTING REEMPLOYMENT AND THAT SUCH REPORT WAS RECEIVED ON FEBRUARY 1, 1961, THE DATE YOU WERE REEMPLOYED. FURTHER, THE ADMINISTRATIVE OFFICE REPORTS THAT AT NO TIME PRIOR TO THE DATE OF YOUR REEMPLOYMENT WAS THE MATTER OF YOUR SICK LEAVE ACCOUNT DIRECTED TO ITS ATTENTION; ALSO, SUCH OFFICE INDICATES THAT HAD THIS SITUATION BEEN KNOWN IN ADVANCE, IT MIGHT HAVE BEEN POSSIBLE TO HAVE EXPEDITED THE PREEMPLOYMENT PROCESSING TO PREVENT THE BREAK IN SERVICE OF MORE THAN 52 CONTINUOUS CALENDAR WEEKS. IN ANY EVENT WE HAVE NO AUTHORITY TO MAKE EXCEPTIONS TO THE PLAIN TERMS OF THE REGULATION REGARDLESS OF THE REASON FOR THE DELAY IN THE EFFECTIVE DATE OF YOUR APPOINTMENT.

THEREFORE, NO BASIS EXISTS UPON WHICH WE CAN AUTHORIZE RECREDIT OF THE FORFEITED ACCUMULATED SICK LEAVE. SEE 38 COMP. GEN. 421, A COPY OF WHICH WE ENCLOSE.