B-156279, APR. 7, 1965

B-156279: Apr 7, 1965

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WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF FEBRUARY 2. BECAUSE YOU WERE IN A LEAVE WITHOUT PAY STATUS RECEIVING DISABILITY COMPENSATION DURING THAT PERIOD (EXCEPT FOR JANUARY 24. EMPLOYEE WHO IS RECEIVING DISABILITY COMPENSATION UNDER THE PROVISIONS OF THE FEDERAL EMPLOYEES' COMPENSATION ACT APPROVED SEPTEMBER 7. IS ENTITLED TO NO ADDITIONAL SALARY. IT HAS BEEN DETERMINED THAT THE EARNING OF LEAVE IS A TYPE OF REMUNERATION AND THAT. AN EMPLOYEE RECEIVING DISABILITY COMPENSATION IS NOT ENTITLED TO EARN LEAVE. 29 COMP. IF THE BUREAU OF EMPLOYEES' COMPENSATION DOES AWARD YOU DISABILITY COMPENSATION FOR THE PERIOD IN QUESTION THE SAME SITUATION WILL PREVAIL. THAT YOU ARE NOT ENTITLED TO ACCRUAL OF LEAVE COVERING THE SAME PERIOD.

B-156279, APR. 7, 1965

TO MR. SIDONIO L. DUBUCLET:

WE REFER TO YOUR LETTER OF FEBRUARY 21, 1965, CONCERNING YOUR CLAIM FOR AN ADDITIONAL LUMP-SUM PAYMENT FOR ANNUAL LEAVE INCIDENT TO YOUR SEPARATION FROM EMPLOYMENT WITH THE FEDERAL COMMUNICATIONS COMMISSION AT LIVERMORE, CALIFORNIA, WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF FEBRUARY 2, 1965.

THE FEDERAL COMMUNICATIONS COMMISSION HAS INFORMED US THAT YOU DID NOT EARN ANNUAL LEAVE FROM JANUARY 23 TO MARCH 31, 1963, BECAUSE YOU WERE IN A LEAVE WITHOUT PAY STATUS RECEIVING DISABILITY COMPENSATION DURING THAT PERIOD (EXCEPT FOR JANUARY 24, 1963, ON WHICH DAY YOU WORKED). EMPLOYEE WHO IS RECEIVING DISABILITY COMPENSATION UNDER THE PROVISIONS OF THE FEDERAL EMPLOYEES' COMPENSATION ACT APPROVED SEPTEMBER 7, 1916, CH. 458, 39 STAT. 742, AS AMENDED, 5 U.S.C. 751 ET SEQ., IS ENTITLED TO NO ADDITIONAL SALARY, PAY OR REMUNERATION FROM THE GOVERNMENT EXCEPT FOR WORK ACTUALLY PERFORMED. IT HAS BEEN DETERMINED THAT THE EARNING OF LEAVE IS A TYPE OF REMUNERATION AND THAT, THEREFORE, AN EMPLOYEE RECEIVING DISABILITY COMPENSATION IS NOT ENTITLED TO EARN LEAVE. 29 COMP. GEN. 73; ID. 296, COPIES ENCLOSED.

YOU NOW SAY THAT YOUR CLAIM FOR DISABILITY COMPENSATION FOR THE PERIOD JANUARY 23 TO MARCH 31, 1963, HAS NOT YET BEEN ALLOWED. HOWEVER, IF THE BUREAU OF EMPLOYEES' COMPENSATION DOES AWARD YOU DISABILITY COMPENSATION FOR THE PERIOD IN QUESTION THE SAME SITUATION WILL PREVAIL, NAMELY, THAT YOU ARE NOT ENTITLED TO ACCRUAL OF LEAVE COVERING THE SAME PERIOD. POINT OUT THAT EVEN IF YOU ARE NOT ALLOWED DISABILITY COMPENSATION FOR THAT PERIOD YOU WOULD NOT BE ENTITLED TO ADDITIONAL ANNUAL LEAVE SINCE YOU WERE IN A LEAVE WITHOUT PAY STATUS DURING THAT PERIOD (BECAUSE OF EXHAUSTION OF ANNUAL AND SICK LEAVE) AND UNDER CIVIL SERVICE REGULATION 30.204 THEN IN FORCE CREDITS FOR ANNUAL LEAVE WERE TO BE REDUCED FOR ALL PERIODS AN EMPLOYEE WAS IN A NONPAY STATUS IN PROPORTION TO THE DURATION OF SUCH NONPAY STATUS. THUS, WHETHER YOU ARE ADJUDGED ENTITLED TO DISABILITY COMPENSATION OR NOT YOU ARE NOT ENTITLED TO AN ADDITIONAL LUMP- SUM PAYMENT BECAUSE YOU WOULD NOT HAVE ACCUMULATED ANNUAL LEAVE FOR THE PERIOD IN QUESTION.

FOR THE REASONS STATED OUR SETTLEMENT OF FEBRUARY 2, 1965, DISALLOWING YOUR CLAIM FOR AN ADDITIONAL LUMP-SUM PAYMENT FOR ANNUAL LEAVE WAS CORRECT AND IS SUSTAINED.