B-150324, DEC. 14, 1962

B-150324, DEC. 14, 1962

TO DR. WILLIAM B. RUSSELL:

IN YOUR LETTER OF NOVEMBER 14, 1962, TO US, YOU DISCUSS THE LUMP-SUM ANNUAL LEAVE PAYMENT YOU RECEIVED INCIDENT TO YOUR SEPARATION FROM THE DISTRICT OF COLUMBIA GENERAL HOSPITAL, AND YOU SUGGEST THAT YOU SHOULD HAVE BEEN ALLOWED TO REPAY THE WHOLE SUM AND BE RECREDITED WITH ALL OF SUCH LEAVE UPON YOUR EMPLOYMENT BY THE VETERANS ADMINISTRATION.

IN THE CIRCUMSTANCES, WE REQUESTED FROM THE DIRECTOR OF THE VETERANS HOSPITAL A REPORT EXPLAINING THE SITUATION. WE HAVE THE DIRECTOR'S REPORT, DATED DECEMBER 5, 1962, WHICH, IN PERTINENT PART, IS AS FOLLOWS:

"DR. RUSSELL WAS REEMPLOYED HERE ON AUGUST 6, 1962, FOLLOWING A BREAK IN SERVICE FROM HIS LAST PERIOD OF EMPLOYMENT WITH THE DISTRICT OF COLUMBIA GENERAL HOSPITAL. ACCORDING TO THE LEAVE RECORDS RECEIVED FROM THE DISTRICT OF COLUMBIA GENERAL HOSPITAL, DR. RUSSELL WAS PAID LUMP-SUM FOR HIS ANNUAL LEAVE UPON HIS SEPARATION THERE. THE LUMP-SUM COVERED THE PERIOD JULY 1, 1962, THROUGH AUGUST 13, 1962.

"UPON HIS REEMPLOYMENT AT THIS HOSPITAL UNDER A FULL-TIME APPOINTMENT, DR. RUSSELL REFUNDED THE UNUSED PORTION OF HIS LUMP-SUM, WHICH AMOUNTED TO EIGHT (8) DAYS AND COVERED THE PERIOD AUGUST 6, 1962, THROUGH AUGUST 13, 1962. HIS ANNUAL LEAVE ACCOUNT, IN TURN, WAS RECREDITED WITH EIGHT DAYS.

"THE PERSONNEL OFFICER HAS DISCUSSED THE SITUATION WITH DR. RUSSELL AND ADVISED HIM THAT IT WOULD NOT BE POSSIBLE FOR HIM TO REFUND THE ENTIRE AMOUNT OF THE LUMP-SUM AND THAT HE WAS FREE TO CASH THE CHECK IN HIS POSSESSION.'

THE LEAVE REGULATIONS, 5 C.F.R. 30.701 (A) (FEDERAL PERSONNEL MANUAL, PAGE L-1-26.01) PROVIDES THAT WHEN AN EMPLOYEE IS SEPARATED FROM A POSITION UNDER THE 1951 LEAVE ACT, 5 U.S.C. 2061-66, AND IS REEMPLOYED IN ANOTHER POSITION UNDER THAT ACT, WITHOUT A BREAK IN SERVICE, HIS ANNUAL LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE. UPON SEPARATION ON JUNE 30, 1962, YOU WERE ENTITLED TO A LUMP-SUM PAYMENT FROM THE DISTRICT OF COLUMBIA GENERAL HOSPITAL UNDER THE PROVISIONS OF 5 U.S.C. 61B. HOWEVER, THAT SAME SECTION ALSO PROVIDES AS FOLLOWS:

"* * * IF SUCH OFFICER OR EMPLOYEE IS REEMPLOYED * * * IN THE FEDERAL SERVICE OR IN OR UNDER THE GOVERNMENT OF THE DISTRICT OF COLUMBIA PRIOR TO THE EXPIRATION OF THE PERIOD COVERED BY SUCH LEAVE PAYMENT, HE SHALL REFUND TO THE EMPLOYING AGENCY AN AMOUNT EQUAL TO THE COMPENSATION COVERING THE PERIOD BETWEEN THE DATE OF REEMPLOYMENT AND THE EXPIRATION OF SUCH LEAVE PERIOD. THE LEAVE REPRESENTED BY ANY SUCH REFUND---

"/1) IN THE CASE OF AN OFFICER OR EMPLOYEE REEMPLOYED UNDER THE SAME LEAVE SYSTEM, SHALL BE RECREDITED TO HIM IN THE EMPLOYING AGENCY IN AN AMOUNT EQUAL TO THE AMOUNT REPRESENTED BY THE REFUND;

"/2) IN THE CASE OF AN OFFICER OR EMPLOYEE REEMPLOYED UNDER A DIFFERENT LEAVE SYSTEM, SHALL BE RECREDITED TO HIM IN THE EMPLOYING AGENCY ON AN ADJUSTED BASIS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE CIVIL SERVICE COMMISSION; AND * * *.'

THEREFORE, AND SINCE THE RECORD SHOWS THAT YOU HAVE REFUNDED THAT PORTION OF THE LUMP-SUM PAYMENT WHICH REPRESENTED THE 8 DAYS NOW RECREDITED TO YOUR LEAVE ACCOUNT AT THE VETERANS HOSPITAL AS REQUIRED BY LAW, YOU ARE ENTITLED TO THE ENTIRE AMOUNT OF THE CHECK YOU RECEIVED COVERING THE LUMP- SUM PAYMENT.