B-159606, JUL. 26, 1966

B-159606: Jul 26, 1966

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NATIONAL LABOR RELATIONS BOARD: THIS IS IN REPLY TO YOUR LETTER OF JUNE 30. THROUGH OVERSIGHT THIS LEAVE INFORMATION WAS NOT FORWARDED BY THE ARMY AT THE TIME SHE ENTERED ON DUTY WITH THE NATIONAL LABOR RELATIONS BOARD (NLRB) ON OCTOBER 12. YOU POINT OUT THAT IT ALSO WAS AN OVERSIGHT ON THE PART OF THE NLRB IN NOT REQUESTING THE LEAVE INFORMATION AT THAT TIME. WAS OBLIGED TO USE ANNUAL LEAVE FROM 6 HOURS APRIL 2. CHESTER WAS SEPARATED BY RESIGNATION FROM THE NLRB ON MARCH 26. AT WHICH TIME THE INFORMATION AS TO THE SICK LEAVE STILL WAS NOT AVAILABLE FROM THE DEPARTMENT OF THE ARMY EVEN THOUGH THE NLRB HAD REQUESTED IT ON MARCH 10. CHESTER WAS REQUIRED TO USE DURING HER CONFINEMENT. YOU POINT OUT SPECIFICALLY THAT IF THE SICK LEAVE INFORMATION HAD BEEN AVAILABLE AT THE TIME THE ANNUAL LEAVE AND LEAVE WITHOUT PAY WERE TAKEN.

B-159606, JUL. 26, 1966

TO AUTHORIZED CERTIFYING OFFICER, NATIONAL LABOR RELATIONS BOARD:

THIS IS IN REPLY TO YOUR LETTER OF JUNE 30, 1966, REQUESTING A DECISION AS TO WHETHER THE ENCLOSED PAYROLL FOR EVELYN J. CHESTER MAY BE CERTIFIED FOR PAYMENT.

THE RECORD SHOWS THAT MRS. CHESTER HAD 222 HOURS OF SICK LEAVE TO HER CREDIT AT THE TIME OF HER RESIGNATION FROM THE DEPARTMENT OF THE ARMY IN FEBRUARY 1962. HOWEVER, THROUGH OVERSIGHT THIS LEAVE INFORMATION WAS NOT FORWARDED BY THE ARMY AT THE TIME SHE ENTERED ON DUTY WITH THE NATIONAL LABOR RELATIONS BOARD (NLRB) ON OCTOBER 12, 1964. YOU POINT OUT THAT IT ALSO WAS AN OVERSIGHT ON THE PART OF THE NLRB IN NOT REQUESTING THE LEAVE INFORMATION AT THAT TIME.

SINCE THIS SICK LEAVE CREDIT DID NOT APPEAR ON HER RECORD, MRS. CHESTER, IN THE COURSE OF A CONFINEMENT FOR PREGNANCY, WAS OBLIGED TO USE ANNUAL LEAVE FROM 6 HOURS APRIL 2, 1965, TO 2 HOURS APRIL 19, 1965, AND TO BE IN A LEAVE WITHOUT PAY STATUS FROM 2 HOURS APRIL 19, 1965, THROUGH MAY 7, 1965. MRS. CHESTER WAS SEPARATED BY RESIGNATION FROM THE NLRB ON MARCH 26, 1966, AT WHICH TIME THE INFORMATION AS TO THE SICK LEAVE STILL WAS NOT AVAILABLE FROM THE DEPARTMENT OF THE ARMY EVEN THOUGH THE NLRB HAD REQUESTED IT ON MARCH 10, 1966. UPON HER SEPARATION SHE RECEIVED A LUMP- SUM PAYMENT FOR 109 HOURS ANNUAL LEAVE.

YOU INQUIRE AS TO WHETHER A PORTION OF THE SICK LEAVE CREDIT OF 222 HOURS SUBSEQUENTLY FORWARDED BY THE ARMY MAY BE SUBSTITUTED FOR THE ANNUAL LEAVE THAT MRS. CHESTER WAS REQUIRED TO USE DURING HER CONFINEMENT, THUS ENTITLING HER TO AN ADDITIONAL LUMP-SUM LEAVE PAYMENT OF 86 HOURS. YOU ALSO INQUIRE AS TO WHETHER SICK LEAVE COULD BE SUBSTITUTED FOR THE PERIOD OF LEAVE WITHOUT PAY FROM 2 HOURS APRIL 19, 1965, THROUGH MAY 7, 1965. THE VOUCHER SHOWS THAT THESE PAYMENTS IN GROSS WOULD TOTAL $433.48. YOU POINT OUT SPECIFICALLY THAT IF THE SICK LEAVE INFORMATION HAD BEEN AVAILABLE AT THE TIME THE ANNUAL LEAVE AND LEAVE WITHOUT PAY WERE TAKEN, THE ABSENCE WOULD HAVE BEEN CHARGED TO SICK LEAVE.

ALSO, AS INDICATED ABOVE, THE ADMINISTRATIVE VIEW, WHICH IS SUPPORTED BY THE RECORD, IS THAT THE NONAVAILABILITY OF MRS. CHESTER'S SICK LEAVE CREDIT DURING HER EMPLOYMENT AT THE NLRB FROM OCTOBER 12, 1964, TO MARCH 26, 1966, WAS DUE TO ADMINISTRATIVE ERROR ON THE PART OF BOTH THE DEPARTMENT OF THE ARMY AND THE BOARD.

IN ACCORDANCE WITH SECTION 630.502 OF CIVIL SERVICE COMMISSION REGULATIONS AN EMPLOYEE UPON SEPARATION FROM FEDERAL EMPLOYMENT AND RESTORATION THERETO WITHIN THREE YEARS IS ENTITLED TO RECREDIT OF HIS SICK LEAVE. FPM SUPP. 990-1, PAGE 111-171.

UNDER THE CIRCUMSTANCES AND IN VIEW OF THE BOARD'S WILLINGNESS TO RECOGNIZE MRS. CHESTER'S SICK LEAVE CREDIT AT THIS TIME THERE DOES NOT APPEAR TO BE ANY OBJECTION TO SUBSTITUTING SICK LEAVE FOR THE ANNUAL LEAVE THAT SHE USED BETWEEN 6 HOURS APRIL 2, 1965, TO 2 HOURS APRIL 19, 1965, THUS INCREASING HER LUMP-SUM LEAVE ENTITLEMENT BY 86 HOURS, AND TO SUBSTITUTING SICK LEAVE FOR LEAVE WITHOUT PAY FROM 2 HOURS ON APRIL 19, 1965, THROUGH MAY 7, 1965. SEE B-144922, MARCH 14, 1961; B 138926, MAY 21, 1959; B-123655, DECEMBER 6, 1955.

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