B-153127, FEB 4, 1964

B-153127: Feb 4, 1964

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THE CASE WAS SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION. GEN. 874 IT WAS ADMINISTRATIVELY DETERMINED FROM THE SUBMISSION OF THE APPLICATION FOR DISABILITY RETIREMENT THAT THE EMPLOYEE WOULD NOT RETURN TO A DUTY STATUS AND. THE ADVANCED LEAVE APPROVED FOR THE PAY PERIOD WAS CANCELED AND THE EMPLOYEE PAID ONLY FOR THE 27 HOURS OF EARNED ANNUAL LEAVE PLUS ONE HOLIDAY. WHEN THE DISABILITY RETIREMENT WAS APPROVED. THE 72 HOURS OF ADVANCED ANNUAL LEAVE FOR THE 9 PAY PERIODS REMAINING IN THE LEAVE YEAR AT 8 HOURS EACH WAS DEDUCTED FROM THE EMPLOYEE'S 99-HOUR ANNUAL LEAVE CREDIT AS OF AUGUST 30. GEN. 874 CONCERNED AN EMPLOYEE WHOSE LAST DAY OF DUTY WAS DECEMBER 7. THE BASIC QUESTION PRESENTED WAS WHETHER AT THE BEGINNING OF THE NEXT CALENDAR YEAR.

B-153127, FEB 4, 1964

TO MR. LEROY P. AFDEM, BUREAU OF FINANCE, POST OFFICE DEPARTMENT:

YOUR LETTER OF DECEMBER 23, 1963, SUBMITTING A VOUCHER IN THE AMOUNT OF $91.54, FOR ADDITIONAL SALARY FOR 29 HOURS ANNUAL LEAVE FOR THE PAY PERIOD AUGUST 31 TO SEPTEMBER 13, 1963, ASKS WHETHER THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.

YOU STATE THAT FOR THE PAY PERIOD ENDING AUGUST 30, 1963, THE EMPLOYEE HAD EXHAUSTED HIS SICK LEAVE BUT HE HAD A CREDIT OF 99 HOURS OF ANNUAL LEAVE INCLUDING ANNUAL LEAVE ADVANCED AT THE BEGINNING OF THE LEAVE YEAR IN ACCORDANCE WITH THE POLICY OF THE DEPARTMENT CONTAINED IN SECTION 721.313 OF THE POSTAL MANUAL. THE EMPLOYEE HAD REQUESTED ANNUAL LEAVE AND THE POSTMASTER AT BIRMINGHAM, ALABAMA, HAD ADMINISTRATIVELY APPROVED SUCH LEAVE FOR THE NEXT PAY PERIOD ENDING SEPTEMBER 13, 1963. BUT WHEN THE EMPLOYEE SUBMITTED HIS APPLICATION FOR DISABILITY RETIREMENT TO THE POSTMASTER ON SEPTEMBER 12, 1963, THE CASE WAS SUBMITTED TO THE DEPARTMENT FOR CONSIDERATION. APPLYING DECISION 25 COMP. GEN. 874 IT WAS ADMINISTRATIVELY DETERMINED FROM THE SUBMISSION OF THE APPLICATION FOR DISABILITY RETIREMENT THAT THE EMPLOYEE WOULD NOT RETURN TO A DUTY STATUS AND, THEREFORE, SHOULD NOT BE GRANTED ANNUAL LEAVE HE WOULD NOT EARN. THE ADVANCED LEAVE APPROVED FOR THE PAY PERIOD WAS CANCELED AND THE EMPLOYEE PAID ONLY FOR THE 27 HOURS OF EARNED ANNUAL LEAVE PLUS ONE HOLIDAY, A TOTAL OF 35 HOURS. THIS CARRIED HIM ON ANNUAL LEAVE THROUGH 3 HOURS SEPTEMBER 6 AND ON LEAVE WITHOUT PAY UNTIL OCTOBER 10, 1963, WHEN THE DISABILITY RETIREMENT WAS APPROVED. THE 72 HOURS OF ADVANCED ANNUAL LEAVE FOR THE 9 PAY PERIODS REMAINING IN THE LEAVE YEAR AT 8 HOURS EACH WAS DEDUCTED FROM THE EMPLOYEE'S 99-HOUR ANNUAL LEAVE CREDIT AS OF AUGUST 30, 1963.

YOU POINT OUT THAT THE POSTMASTER FEELS THAT THE EMPLOYEE SHOULD BE PAID FOR 56 HOURS OF ANNUAL LEAVE, I.E., 35 HOURS ALREADY PAID (27 HOURS EARNED AND 1 HOLIDAY) PLUS THE 29 HOURS OF ADVANCED ANNUAL LEAVE REPRESENTED BY THE VOUCHER, OR A TOTAL OF 64 HOURS. THIS WOULD CARRY THE EMPLOYEE THROUGH SEPTEMBER 11, 1963.

THE DECISION REPORTED IN 25 COMP. GEN. 874 CONCERNED AN EMPLOYEE WHOSE LAST DAY OF DUTY WAS DECEMBER 7, 1945, AND WHO TENDERED HIS RESIGNATION ON DECEMBER 29, 1945, TO BE EFFECTIVE AT THE CLOSE OF BUSINESS ON THAT DAY. HE FILED APPLICATION FOR DISABILITY RETIREMENT ON MARCH 23, 1946. THE BASIC QUESTION PRESENTED WAS WHETHER AT THE BEGINNING OF THE NEXT CALENDAR YEAR, WHICH WAS AFTER THE DATE OF SEPARATION SET IN HIS RESIGNATION, HE COULD BE CREDITED WITH 26 DAYS OF ANNUAL LEAVE AND ALSO WHETHER HE COULD BE GRANTED 30 DAYS OF ADVANCE SICK LEAVE. WE CONCLUDED THAT UNDER THE CIRCUMSTANCES HE COULD NOT BE CREDITED WITH OR GRANTED SUCH LEAVE.

HERE THE EMPLOYEE HAD BEEN CREDITED AT THE BEGINNING OF THE LEAVE YEAR WITH THE AMOUNT OF LEAVE THAT WOULD ACCRUE TO HIM DURING THAT PERIOD, AS PRESCRIBED BY 5 U.S.C. 2062 (H) AND THE POLICY OF THE DEPARTMENT REFERRED TO ABOVE. HE HAD REQUESTED ANNUAL LEAVE FOR THE PERIOD COVERED BY THE VOUCHER AND THE LEAVE HAD BEEN ADMINISTRATIVELY APPROVED, AND IT HAD BEEN TAKEN PRIOR TO THE DATE OF THE APPLICATION FOR RETIREMENT DISABILITY.

THE VOUCHER, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.