B-166841, JUL. 16, 1969

B-166841: Jul 16, 1969

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AUTHORIZING CERTIFICATION OF ADDITIONAL LUMP-SUM PAYMENT FOR 3 DAYS ANNUAL LEAVE ON THE BASIS OF SUBSTITUTING SICK LEAVE FOR ANNUAL FOR AN EMPLOYEE WHO WAS RETIRED AFTER ANNUAL LEAVE CHARGE WAS ADMINISTRATIVELY MADE. SINCE PAYMENT DOES NOT REPRESENT AN EXCESS OF AUTHORIZED ANNUAL LEAVE CEILING FOR AVOIDING FORFEITURE AND SINCE EMPLOYEE WAS IN FACT SICK FOR EXTENSIVE PERIOD. SUBSTITUTION IS APPROVED. PRATT WAS RETIRED FEBRUARY 28. HIS ANNUAL LEAVE BALANCE AT THE END OF THE 1968 LEAVE YEAR WAS 684 HOURS. PRATT'S LEAVE WAS MADE EARLY IN DECEMBER OF 1968. AT THIS TIME IT WAS FOUND THAT MR. IT WAS ADMINISTRATIVELY DECIDED TO SHOW HIM IN ANNUAL LEAVE STATUS FOR THE PERIOD BEGINNING ON DECEMBER 12.

B-166841, JUL. 16, 1969

CIVIL PAY - ANNUAL LEAVE SUBSTITUTED FOR SICK LEAVE DECISION TO CERTIFYING OFFICER OF BUREAU OF RECLAMATION, INTERIOR, AUTHORIZING CERTIFICATION OF ADDITIONAL LUMP-SUM PAYMENT FOR 3 DAYS ANNUAL LEAVE ON THE BASIS OF SUBSTITUTING SICK LEAVE FOR ANNUAL FOR AN EMPLOYEE WHO WAS RETIRED AFTER ANNUAL LEAVE CHARGE WAS ADMINISTRATIVELY MADE. SINCE PAYMENT DOES NOT REPRESENT AN EXCESS OF AUTHORIZED ANNUAL LEAVE CEILING FOR AVOIDING FORFEITURE AND SINCE EMPLOYEE WAS IN FACT SICK FOR EXTENSIVE PERIOD, INCLUDING PERIOD OF CLAIM, SUBSTITUTION IS APPROVED.

TO MR. R. T. ERICKSON:

YOUR LETTER OF APRIL 30, 1969, REFERENCE 4-360, ASKS WHETHER AN ADDITIONAL LUMP-SUM PAYMENT FOR THREE DAYS ANNUAL LEAVE, I.E., JANUARY 16, 17, AND 20, 1969, MAY BE AUTHORIZED TO MR. KARL L. PRATT, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

THE RECORD SHOWS THAT MR. PRATT WAS RETIRED FEBRUARY 28, 1969, FROM HIS GRADE GS-9 STEP 5 POSITION ($9,590 PER ANNUM). HIS ANNUAL LEAVE BALANCE AT THE END OF THE 1968 LEAVE YEAR WAS 684 HOURS. A LETTER DATED FEBRUARY 20, 1969, REFERENCE CUPO-300, FROM THE ADMINISTRATIVE OFFICER TO THE REGIONAL DIRECTOR CONTAINS THE FOLLOWING INFORMATION: "A REVIEW OF MR. PRATT'S LEAVE WAS MADE EARLY IN DECEMBER OF 1968. AT THIS TIME IT WAS FOUND THAT MR. PRATT HAD 153 HOURS OF UNUSED CURRENT ANNUAL LEAVE TO HIS CREDIT FOR LEAVE YEAR 1968 AND THAT HE WOULD ACCRUE AN ADDITIONAL 48 HOURS THROUGH APRIL 11, IN THE 1969 LEAVE YEAR. IN ORDER TO PERMIT MR. PRATT TO USE THE CURRENT ANNUAL LEAVE ACCRUALS, IT WAS ADMINISTRATIVELY DECIDED TO SHOW HIM IN ANNUAL LEAVE STATUS FOR THE PERIOD BEGINNING ON DECEMBER 12, 1968, AND EXTENDED THROUGH JANUARY 20, 1969. THIS DECISION WAS MADE WITHOUT CONSULTING WITH MR. PRATT ALTHOUGH HE WAS INFORMED OF IT. THE DECISION TO SHOW MR. PRATT IN ANNUAL LEAVE STATUS DURING THE FIRST SIX DAYS OF THE 1969 LEAVE YEAR WAS MADE FOR CONVENIENCE IN ADMINISTRATING THE LEAVE AND IN ACCORDANCE WITH THE LEAVE REGULATIONS THAT PERMIT AN EMPLOYEE TO USE ALL OF THE ANNUAL LEAVE THAT WOULD ACCRUE TO HIS CREDIT DURING THE CURRENT LEAVE YEAR AT ANY TIME DURING THE YEAR. ALSO, AT THE TIME THAT THIS DECISION WAS MADE, IT WAS NOT ANTICIPATED BY EITHER MR. PRATT OR THE PERSONNEL INVOLVED IN MAKING THIS DECISION THAT MR. PRATT WOULD DECIDE WHETHER OR NOT HE WOULD RETIRE OR RETURN TO WORK PRIOR TO APRIL 11.'SINCE MR. PRATT IS RETIRING ON FEBRUARY 28, HIS ANNUAL LEAVE ACCRUAL FOR LEAVE YEAR 1969 WILL BE ONLY 24 HOURS RATHER THAN THE 48 HOURS THAT HAD BEEN ANTICIPATED HAD HE REMAINED ON THE PAYROLL UNTIL 11. THIS EARLIER RETIREMENT DATA HAS RESULTED IN OUR ALLOWING MR. PRATT TO USE 24 HOURS OF ANNUAL LEAVE IN EXCESS OF HIS CURRENT ACCRUAL.'SINCE MR. PRATT WAS PHYSICALLY UNABLE TO WORK DURING THE TIME THAT HE WAS CHARGED FOR ANNUAL LEAVE, HAS UNUSED SICK LEAVE TO HIS CREDIT, AND BECAUSE THE TIMING OF THE CHARGE TO ANNUAL LEAVE WAS NOT HIS BUT AN ADMINISTRATIVE DECISION, HE REQUESTS THAT THE 24 HOURS ANNUAL LEAVE CHARGED HIM ON JANUARY 16, 17, AND 20, 1969, BE CHANGED TO SICK LEAVE: AND THE 24 HOURS OF ANNUAL LEAVE CHARGED HIM IN ERROR BE INCLUDED IN HIS TERMINAL LEAVE PAYMENT.'WE FEEL THAT MR. PRATT'S REQUEST IS JUSTIFIED AND THAT IT SHOULD BE GRANTED IF LEGALLY POSSIBLE.'

MR. PRATT HAS REQUESTED THAT THE 24 HOURS OF ANNUAL LEAVE CHARGED FOR JANUARY 16, 17, AND 20, 1969, BE CHANGED TO SICK LEAVE WHICH REQUEST IS ADMINISTRATIVELY APPROVED. IT IS SHOWN THAT HE HAD SICK LEAVE TO HIS CREDIT AND WAS IN FACT SICK FOR AN EXTENSIVE PERIOD WHICH INCLUDED THOSE DATES. FURTHER, THAT SUCH CHARGE TO ANNUAL LEAVE WAS ADMINISTRATIVELY MADE WITHOUT MR. PRATT'S APPROVAL ALTHOUGH HE KNEW ABOUT IT. THE PAYMENT AS PROPOSED BY YOU WOULD NOT EXCEED HIS AUTHORIZED ANNUAL LEAVE CEILING NOR WOULD THERE BE INVOLVED A QUESTION OF AVOIDING FORFEITURE OF ANNUAL LEAVE (31 COMP. GEN. 524). UNDER THE CIRCUMSTANCES RELATED, THE SUBSTITUTION OF SICK LEAVE FOR ANNUAL LEAVE IS APPROVED AND PAYMENT AUTHORIZED FOR THE 24 ADDITIONAL HOURS OF ANNUAL LEAVE RESULTING THEREFROM. WE NOTE SUCH ACTION WILL NOT EXTEND THE EXISTING SEPARATION DATE.