B-168415, DEC. 9, 1969

B-168415: Dec 9, 1969

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DIRECTED TO RETURN TO OFFICIAL STATION EMPLOYEE WHO WAS PERMITTED TO PROCEED ON ANNUAL LEAVE TO FLORIDA WITH UNDERSTANDING IF HEARING WERE HELD IN HARTFORD HEADQUARTERS AS SCHEDULED (DURING LEAVE PERIOD). MAY BE REIMBURSED AIRPLANE FARE BETWEEN PLACE OF LEAVE AND HEADQUARTERS AND RETURN SINCE IF EMPLOYEE WHOSE AUTHORIZED LEAVE OF ABSENCE IS INTERRUPTED FOR TEMPORARY DUTY AT HIS OFFICIAL HEADQUARTERS IS PERMITTED TO RESUME LEAVE STATUS AT PLACE WHERE LEAVE WAS INTERRUPTED. KIERNAN WHOSE HEADQUARTERS WAS AT HARTFORD. REQUESTED AND WAS GRANTED ANNUAL LEAVE FOR THE PERIOD SEPTEMBER 2 THROUGH SEPTEMBER 15. KIERNAN WAS ADVISED THAT A HEARING WAS SCHEDULED FOR SEPTEMBER 15. HE WAS SUBSEQUENTLY ADVISED BY HIS SUPERVISOR THAT IT WOULD BE NECESSARY THAT HE ATTEND THIS HEARING.

B-168415, DEC. 9, 1969

TRAVEL EXPENSES--LEAVES OF ABSENCE--TEMPORARY DUTY--AFTER DEPARTURE ON LEAVE--DIRECTED TO RETURN TO OFFICIAL STATION EMPLOYEE WHO WAS PERMITTED TO PROCEED ON ANNUAL LEAVE TO FLORIDA WITH UNDERSTANDING IF HEARING WERE HELD IN HARTFORD HEADQUARTERS AS SCHEDULED (DURING LEAVE PERIOD), HE WOULD BE REQUIRED TO ATTEND, MAY BE REIMBURSED AIRPLANE FARE BETWEEN PLACE OF LEAVE AND HEADQUARTERS AND RETURN SINCE IF EMPLOYEE WHOSE AUTHORIZED LEAVE OF ABSENCE IS INTERRUPTED FOR TEMPORARY DUTY AT HIS OFFICIAL HEADQUARTERS IS PERMITTED TO RESUME LEAVE STATUS AT PLACE WHERE LEAVE WAS INTERRUPTED, HE MAY BE REIMBURSED EXPENSES OF ROUND TRIP TO AND FROM HEADQUARTERS.

TO MRS. MARGUERITE B. CASEY:

THIS REFERS TO YOUR LETTER OF NOVEMBER 14, 1969, WITH ENCLOSURES, REQUESTING A DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER OF MR. DAVID J. KIERNAN IN THE AMOUNT OF $132.30 REPRESENTING TRAVELING EXPENSES (AIRPLANE FARE) BETWEEN HIS PLACE OF LEAVE TO HIS HEADQUARTERS AND RETURN.

THE INFORMATION FURNISHED SHOWS THAT IN JULY 1969 MR. KIERNAN WHOSE HEADQUARTERS WAS AT HARTFORD, CONNECTICUT, REQUESTED AND WAS GRANTED ANNUAL LEAVE FOR THE PERIOD SEPTEMBER 2 THROUGH SEPTEMBER 15, 1969. HAD MADE RESERVATIONS FOR ACCOMMODATIONS AT DAYTONA BEACH, FLORIDA, INCLUDING A DEPOSIT. ON AUGUST 6, 1969, MR. KIERNAN WAS ADVISED THAT A HEARING WAS SCHEDULED FOR SEPTEMBER 15, 1969, AT HARTFORD INVOLVING MATTERS WHICH OFFICIALLY CONCERNED HIM. HE WAS SUBSEQUENTLY ADVISED BY HIS SUPERVISOR THAT IT WOULD BE NECESSARY THAT HE ATTEND THIS HEARING. VIEW OF THE FREQUENCY OF CANCELLATIONS AND POSTPONEMENTS OF COMMISSION PROCEEDINGS, MR. KIERNAN WAS PERMITTED TO PROCEED ON LEAVE WITH THE UNDERSTANDING THAT IF THE HEARING WAS HELD AS SCHEDULED, HE WOULD BE REQUIRED TO ATTEND. THE TRAVEL HAS BEEN APPROVED AND APPROPRIATE TRAVEL ORDERS ISSUED.

WE HAVE HELD GENERALLY THAT IF AN EMPLOYEE'S AUTHORIZED LEAVE OF ABSENCE IS INTERRUPTED FOR TEMPORARY DUTY AT HIS OFFICIAL HEADQUARTERS AND HE IS PERMITTED TO RESUME THE LEAVE STATUS AT THE PLACE WHERE THE LEAVE WAS INTERRUPTED, HE MAY BE REIMBURSED THE EXPENSES OF THE ROUND TRIP TO AND FROM HIS HEADQUARTERS. SEE THE SECOND CASE INVOLVED IN OUR DECISION OF MARCH 31, 1966, B-158681, COPY ENCLOSED. IN VIEW OF THE CIRCUMSTANCES SET FORTH ABOVE, WE SEE NO REASON WHY THAT RULE WOULD NOT BE APPLICABLE HERE.

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