B-149836, SEP. 20, 1962

B-149836: Sep 20, 1962

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SCHOENBERG WAS ON SICK LEAVE MAY 31. IT ALSO APPEARS FROM YOUR LETTER THAT HAD HE LIVED HE WOULD HAVE BEEN CARRIED ON SICK LEAVE FOR THE ENTIRE DAY ON WHICH DEATH OCCURRED. SINCE THE EMPLOYEE WAS A SUBSTITUTE AND WORKED ONLY WHEN CALLED YOU HAVE SOME DOUBTS WHETHER THERE IS FOR APPLICATION THE WELL ESTABLISHED RULE THAT COMPENSATION OF A REGULAR EMPLOYEE MAY BE PAID FOR THE DATE OF DEATH WITHOUT CHARGE TO LEAVE IF THE EMPLOYEE WAS IN A PAY STATUS ON THE PRECEDING DAY. WE HELD THAT WHERE AN EMPLOYEE WAS IN A PAY STATUS IMMEDIATELY PRIOR TO HIS DEATH. IT WAS REASONABLE TO ASSUME THAT HAD NOT DEATH INTERVENED HE WOULD HAVE CONTINUED IN A PAY STATUS AND. PAYMENT FOR THE DATE OF DEATH WAS AUTHORIZED.

B-149836, SEP. 20, 1962

TO MR. LEROY P. AFDEM, AUTHORIZED CERTIFYING OFFICER, POST OFFICE DEPARTMENT:

ON SEPTEMBER 4, 1962, YOU REQUESTED OUR DECISION WHETHER A VOUCHER COVERING PAYMENT FOR THE DATE OF DEATH MAY BE CERTIFIED FOR PAYMENT TO THE BENEFICIARY OF WOLF WINTON SCHOENBERG, LATE EMPLOYEE OF THE POST OFFICE DEPARTMENT.

IT APPEARS THAT MR. SCHOENBERG WAS ON SICK LEAVE MAY 31, 1962, AND DIED THE FOLLOWING DAY. IT ALSO APPEARS FROM YOUR LETTER THAT HAD HE LIVED HE WOULD HAVE BEEN CARRIED ON SICK LEAVE FOR THE ENTIRE DAY ON WHICH DEATH OCCURRED. HOWEVER, SINCE THE EMPLOYEE WAS A SUBSTITUTE AND WORKED ONLY WHEN CALLED YOU HAVE SOME DOUBTS WHETHER THERE IS FOR APPLICATION THE WELL ESTABLISHED RULE THAT COMPENSATION OF A REGULAR EMPLOYEE MAY BE PAID FOR THE DATE OF DEATH WITHOUT CHARGE TO LEAVE IF THE EMPLOYEE WAS IN A PAY STATUS ON THE PRECEDING DAY.

IN THE DECISION TO WHICH YOU REFER, 25 COMP. GEN. 366 (B-52981, OCTOBER 31, 1945), WE HELD THAT WHERE AN EMPLOYEE WAS IN A PAY STATUS IMMEDIATELY PRIOR TO HIS DEATH, IT WAS REASONABLE TO ASSUME THAT HAD NOT DEATH INTERVENED HE WOULD HAVE CONTINUED IN A PAY STATUS AND, ACCORDINGLY, PAYMENT FOR THE DATE OF DEATH WAS AUTHORIZED. WHILE MR. SCHOENBERG WAS A SUBSTITUTE EMPLOYEE AND ONLY WORKED WHEN CALLED HE WAS IN A PAY (SICK LEAVE) STATUS ON MAY 31 AND YOU SAY HE WOULD HAVE BEEN SO CARRIED ON JUNE 1 HAD NOT DEATH INTERVENED. UNDER THOSE CIRCUMSTANCES SALARY MAY BE ALLOWED FOR THE FULL DAY WITHOUT REGARD TO LEAVE.

THEREFORE, THE VOUCHER, WHICH IS RETURNED, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.