B-165593, DEC. 16, 1968

B-165593: Dec 16, 1968

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

POSTMASTER GENERAL: REFERENCE IS MADE TO THE LETTER OF YOUR DIRECTOR. UNTIEDT FOR 64 HOURS OF ANNUAL LEAVE WHICH WERE FORFEITED BECAUSE OF AN ADMINISTRATIVE ERROR. UNTIEDT COULD NOT BE COMPENSATED BY LUMP-SUM PAYMENT AND IS IN DIRECT CONTRAVENTION TO SECTION 721.342 OF THE POSTAL MANUAL. WHICH WAS DESIGNED TO PREVENT SUCH FORFEITURES BY REQUIRING THAT UNUSED CURRENT ANNUAL LEAVE IN EXCESS OF THAT FOR WHICH A LUMP-SUM PAYMENT IS AUTHORIZED "WILL BE GRANTED PRIOR TO SEPARATION.'.

B-165593, DEC. 16, 1968

TO MR. POSTMASTER GENERAL:

REFERENCE IS MADE TO THE LETTER OF YOUR DIRECTOR, EMPLOYEE BENEFITS AND SERVICES DIVISION, DATED NOVEMBER 6, 1968, WITH ENCLOSURES, REQUESTING OUR DECISION AS TO THE PROPRIETY OF EXTENDING THE EFFECTIVE SEPARATION DATE OF WAYNE L. UNTIEDT IN ORDER TO PERMIT PAYMENT TO MR. UNTIEDT FOR 64 HOURS OF ANNUAL LEAVE WHICH WERE FORFEITED BECAUSE OF AN ADMINISTRATIVE ERROR.

THE RECORD SHOWS THAT ON JUNE 24, 1968, THE DIRECTOR, POSTMASTERS, POST OFFICE CHANGES AND RURAL APPOINTMENTS DIVISION, BUREAU OF OPERATIONS, NOTIFIED MR. UNTIEDT, THEN ACTING POSTMASTER OF LUVERNE, MINNESOTA, THAT IN APPROXIMATELY 2 WEEKS A POSTAL INSPECTOR WOULD CALL TO INSTALL HIS SUCCESSOR AND INSTRUCTED HIM TO TAKE ALL ANNUAL LEAVE IN EXCESS OF 30 DAYS.

THIS MEMORANDUM REACHED MR. UNTIEDT ON JUNE 26, 1968. THAT SAME DAY HE REQUESTED AND APPARENTLY RECEIVED APPROVAL FOR ANNUAL LEAVE COMMENCING THE FOLLOWING DAY. ON JUNE 27, 1968, A POSTAL INSPECTOR CALLED HIM TO THE POSTMASTER'S OFFICE, INSTALLED HIS SUCCESSOR, AND TERMINATED HIS APPOINTMENT. THIS ACTION FORFEITED 64 HOURS OF ANNUAL LEAVE FOR WHICH MR. UNTIEDT COULD NOT BE COMPENSATED BY LUMP-SUM PAYMENT AND IS IN DIRECT CONTRAVENTION TO SECTION 721.342 OF THE POSTAL MANUAL, 1954 ED., WHICH WAS DESIGNED TO PREVENT SUCH FORFEITURES BY REQUIRING THAT UNUSED CURRENT ANNUAL LEAVE IN EXCESS OF THAT FOR WHICH A LUMP-SUM PAYMENT IS AUTHORIZED "WILL BE GRANTED PRIOR TO SEPARATION.'

WE BELIEVE, BECAUSE OF THE SIMILARITY OF CIRCUMSTANCES AND PROVISIONS FOR PREVENTING ANNUAL LEAVE FORFEITURE, THAT OUR PRIOR DECISION B-163077, JANUARY 29, 1968, COPY ENCLOSED, AUTHORIZING A CHANGE IN THE SEPARATION DATE OF AN EMPLOYEE SO AS TO CARRY OUT THE INTENT OF THE PARTIES AND TO COMPLY WITH THE AGENCY'S REGULATION, CONTROLS IN THIS INSTANCE.

FOR THE REASONS STATED WE WOULD NOT OBJECT TO THE CHANGING OF MR. UNTIEDT'S EFFECTIVE DATE OF SEPARATION SO AS TO PERMIT PAYMENT TO HIM FOR HIS 64 HOURS ANNUAL LEAVE.