B-149978, OCT. 15, 1962

B-149978: Oct 15, 1962

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REQUESTS RECONSIDERATION OF YOUR REQUEST TO HAVE SICK LEAVE FORFEITED RECREDITED TO YOUR ACCOUNT. WHICH REQUEST WAS DENIED IN OUR CLAIMS DIVISION LETTER TO YOU OF AUGUST 31. YOU WERE EMPLOYED BY THE CIVILIAN PRODUCTION ADMINISTRATION FROM WHICH YOU RECEIVED A REDUCTION-IN-FORCE NOTICE DATED JANUARY 28. YOU WERE CARRIED ON THE ROLLS IN A PAY STATUS UNTIL JUNE 28. AT WHICH TIME YOU WERE SEPARATED. YOU WERE REINSTATED WITH THE OFFICE OF INTERNATIONAL TRADE. WHEN AN EMPLOYEE IS APPOINTED. HIS SICK LEAVE ACCOUNT SHALL BE DISPOSED OF AS FOLLOWS: "/A) IF THE POSITION IS WITHIN THE PURVIEW OF THE LEAVE ACT OF MARCH 14. YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT THE SICK LEAVE MAY NOT BE RECREDITED.

B-149978, OCT. 15, 1962

TO MR. THOMAS A. MANNING:

YOUR LETTER OF SEPTEMBER 13, 1962, REQUESTS RECONSIDERATION OF YOUR REQUEST TO HAVE SICK LEAVE FORFEITED RECREDITED TO YOUR ACCOUNT, WHICH REQUEST WAS DENIED IN OUR CLAIMS DIVISION LETTER TO YOU OF AUGUST 31, 1962.

YOU WERE EMPLOYED BY THE CIVILIAN PRODUCTION ADMINISTRATION FROM WHICH YOU RECEIVED A REDUCTION-IN-FORCE NOTICE DATED JANUARY 28, 1947. YOU SAY THAT YOU RECEIVED A NOTICE DATED SOMETIME BETWEEN FEBRUARY 20 AND FEBRUARY 25, 1947, THAT EXTENDED YOUR DUTY STATUS TO MARCH 22, 1947, AND THAT THIS NOTICE CANCELED THE JANUARY 28TH NOTICE. YOU WERE CARRIED ON THE ROLLS IN A PAY STATUS UNTIL JUNE 28, 1947, AT WHICH TIME YOU WERE SEPARATED. FEBRUARY 16, 1948, YOU WERE REINSTATED WITH THE OFFICE OF INTERNATIONAL TRADE.

SECTION 30.408 OF THE ANNUAL AND SICK LEAVE REGULATIONS IN EFFECT AT THAT TIME PROVIDED:

"SEC. 30.408 DISPOSITION OF SICK LEAVE ACCOUNT ON TRANSFER. WHEN AN EMPLOYEE IS APPOINTED, REAPPOINTED, OR TRANSFERRED TO ANOTHER POSITION WITH NO BREAK IN SERVICE, OR A BREAK OF LESS THAN 90 DAYS, OR WITHIN ONE YEAR AFTER NOTICE OF PROPOSED SEPARATION BY REDUCTION IN FORCE, HIS SICK LEAVE ACCOUNT SHALL BE DISPOSED OF AS FOLLOWS:

"/A) IF THE POSITION IS WITHIN THE PURVIEW OF THE LEAVE ACT OF MARCH 14, 1936, THE SICK LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE TO THE EMPLOYEE.'

SINCE MORE THAN A YEAR HAD ELAPSED BETWEEN THE DATE OF THE NOTICE OF JANUARY 28 AND YOUR REINSTATEMENT, YOU WERE ADVISED BY OUR CLAIMS DIVISION THAT THE SICK LEAVE MAY NOT BE RECREDITED.

THE COPY OF THE PERSONNEL ACTION PERTAINING TO YOUR SEPARATION ON JUNE 28, 1947, SPECIFIES ,FURLOUGH AND SEPARATION BECAUSE OF REDUCTION IN FORCE, PURSUANT TO WRITTEN NOTICE OF JANUARY 28, 1947. END OF NOTICE PERIOD MARCH 22, 1947.' THEREFORE, IT WOULD APPEAR THAT ANY NOTICE RECEIVED BY YOU BETWEEN JANUARY 28, 1947, AND THE DATE OF YOUR SEPARATION MUST HAVE BEEN A NOTICE OF EXTENSION RATHER THAN RESCISSION OF THE NOTICE OF PROPOSED SEPARATION BY REDUCTION IN FORCE DATED JANUARY 28, 1947. INQUIRY BY THE DEPARTMENT OF COMMERCE OF THE FEDERAL RECORDS CENTER FAILED TO DISCOVER A COPY OF THE NOTICE REFERRED TO BY YOU. SINCE SECTION 30.408 OF THE CONTROLLING REGULATIONS REQUIRED THAT REAPPOINTMENT MUST OCCUR WITHIN 90 DAYS OF SEPARATION OR WITHIN ONE YEAR AFTER NOTICE OF PROPOSED SEPARATION BY REDUCTION IN FORCE, NEITHER OF WHICH CONDITIONS WERE MET IN YOUR CASE, THE FACT THAT YOU WERE REINSTATED WITHIN A YEAR FROM THE LAST DAY OF ACTIVE DUTY CREATES NO RIGHT TO RECREDIT OF THE SICK LEAVE. THEREFORE, WE MUST CONCLUDE THAT THE GENERAL ACCOUNTING OFFICE ACTION OF AUGUST 31, 1962, DISALLOWING YOUR CLAIM IS CORRECT AND IT IS HEREBY SUSTAINED.

CONCERNING THE FURTHER INQUIRIES IN YOUR LETTER OF SEPTEMBER 13, 1962, YOU ARE ADVISED THAT THE LEAVE REGULATIONS ARE, BY VIRTUE OF AUTHORITY CONFERRED BY STATUTE, PROMULGATED BY THE CIVIL SERVICE COMMISSION AND ARE BEYOND OUR JURISDICTION.

WE ARE UNABLE TO EXPLAIN WHY YOUR SICK LEAVE RECORDS WERE NOT FORWARDED BY THE CIVILIAN PRODUCTION ADMINISTRATION TO THE OFFICE OF TEMPORARY CONTROLS, BUT AS POINTED OUT ABOVE, EVEN IF THE RECORD ESTABLISHED THAT YOU HAD THE CREDIT UPON YOUR SEPARATION FROM THE GOVERNMENT SERVICE ..END