B-159277, JUN. 7, 1966
Highlights
BAILEY WHO CLAIMS HE IS ENTITLED TO SICK LEAVE AS AN EMPLOYEE OF THE PHILADELPHIA MINT. BAILEY WAS SEPARATED IN A REDUCTION-IN-FORCE PROCEEDING FROM THE NAVAL ORDNANCE PLANT ON FEBRUARY 24. SUBSEQUENTLY HE APPLIED FOR A POSITION AT THE PHILADELPHIA MINT AND WAS ORDERED TO REPORT FOR DUTY AT THE MINT AT 8 A.M. ON FEBRUARY 21 AT WHICH TIME A CARD WAS PUNCHED AND HE WAS INSTRUCTED AS TO HOW TO CLOCK IN AND WAS GIVEN CERTAIN ADVICE CONCERNING HOW TO CONDUCT HIMSELF ON HIS FIRST DAY OF WORK. BAILEY HAD EARNED ABOUT 588 HOURS OF SICK LEAVE UNDER HIS FORMER JOB WITH THE NAVAL ORDNANCE PLANT BUT THAT WHEN HIS REQUEST FOR SICK LEAVE WAS SUBMITTED TO THE U.S. MINT IT WAS DENIED BECAUSE HE HAD NOT BEEN OFFICIALLY PLACED ON THE ROLLS AT THE TIME HIS ILLNESS OCCURRED.
B-159277, JUN. 7, 1966
TO SUPERINTENDENT, UNITED STATES MINT:
BY LETTER OF MAY 25, 1966, A MEMBER OF THE SENATE REFERRED CERTAIN CORRESPONDENCE TO OUR OFFICE CONCERNING MR. STEWART V. BAILEY WHO CLAIMS HE IS ENTITLED TO SICK LEAVE AS AN EMPLOYEE OF THE PHILADELPHIA MINT.
IT APPEARS FROM THE INFORMATION RECEIVED THAT MR. BAILEY WAS SEPARATED IN A REDUCTION-IN-FORCE PROCEEDING FROM THE NAVAL ORDNANCE PLANT ON FEBRUARY 24, 1964. SUBSEQUENTLY HE APPLIED FOR A POSITION AT THE PHILADELPHIA MINT AND WAS ORDERED TO REPORT FOR DUTY AT THE MINT AT 8 A.M. ON FEBRUARY 21, 1966. HE DID SO REPORT FOR DUTY AT 7:40 A.M. ON FEBRUARY 21 AT WHICH TIME A CARD WAS PUNCHED AND HE WAS INSTRUCTED AS TO HOW TO CLOCK IN AND WAS GIVEN CERTAIN ADVICE CONCERNING HOW TO CONDUCT HIMSELF ON HIS FIRST DAY OF WORK. HOWEVER, PRIOR TO REPORTING TO THE ACTUAL WORK SITE HE SUFFERED A HEART ATTACK WHICH PREVENTED HIS PERFORMING ANY OTHER DUTIES ON THAT DAY AS WELL AS HIS TAKING THE OATH OF OFFICE. WE UNDERSTAND THAT MR. BAILEY HAD EARNED ABOUT 588 HOURS OF SICK LEAVE UNDER HIS FORMER JOB WITH THE NAVAL ORDNANCE PLANT BUT THAT WHEN HIS REQUEST FOR SICK LEAVE WAS SUBMITTED TO THE U.S. MINT IT WAS DENIED BECAUSE HE HAD NOT BEEN OFFICIALLY PLACED ON THE ROLLS AT THE TIME HIS ILLNESS OCCURRED.
AFTER GIVING FULL CONSIDERATION TO ALL THE FACTS IN THIS CASE WE ARE OF THE VIEW THAT MR. BAILEY'S REPORTING ON FEBRUARY 21, WHEN HE RECEIVED CERTAIN INSTRUCTIONS AND ORIENTATION IN CONNECTION WITH HIS NEW JOB, CONSTITUTED AN ACCEPTANCE OF THE POSITION UNDER THE U.S. MINT DESPITE THE FACT THAT HE FAILED TO TAKE THE OATH OF OFFICE OR PERFORM ANY PRODUCTIVE WORK PRIOR TO HIS ILLNESS. IN SUCH CONNECTION THE TAKING OF THE OATH OF OFFICE IS NOT A CONDITION PRECEDENT TO HOLDING THE POSITION BUT MERELY IS A CONDITION PRECEDENT TO THE PAYMENT OF ANY COMPENSATION UNDER SUCH POSITION. ACCORDINGLY, IF REPRESENTATIVES OF YOUR AGENCY WILL ARRANGE FOR MR. BAILEY TO TAKE THE OATH OF OFFICE HE MAY BE REGARDED AS ON YOUR ROLLS AS OF FEBRUARY 21, 1966, AND THEN MAY BE GRANTED ANY SICK LEAVE (BEGINNING ON FEBRUARY 21, 1966) WHICH OTHERWISE IS TRANSFERABLE FROM HIS PRIOR EMPLOYMENT.