B-169332, MAR. 26, 1970

B-169332: Mar 26, 1970

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REEMPLOYMENT WITHOUT CREDITING LEAVE BALANCE IF IT CAN REASONABLY BE DETERMINED EMPLOYEE CLAIMING RECREDITING OF 685 HOURS' SICK LEAVE WAS NOT SO CREDITED AT TIME OF REEMPLOYMENT IN 1947 (PRESUMABLY IN PERMANENT POSITION) AND DELAY IN CLAIMING RECREDIT IS SATISFACTORILY EXPLAINED. PRESENT RECREDITING WILL NOT BE OBJECTED TO SINCE RECORD EVIDENCES EMPLOYEE HAD CREDIT CLAIMED AT TIME OF SEPARATION MAY 16. 1947 AND CIVIL SERVICE REGULATIONS AT THAT TIME PERMITTED RECREDITING OF SICK LEAVE UP TO 90 DAYS TO EMPLOYEE SEPARATED BY REDUCTION -IN-FORCE WHO WAS REEMPLOYED WITHIN 1 YEAR AFTER NOTICE OF PROPOSED SEPARATION. TO COMMANDING OFFICER: REFERENCE IS MADE TO LETTER OF YOUR OFFICE DATED MARCH 13.

B-169332, MAR. 26, 1970

LEAVES OF ABSENCE--SICK--RECREDIT OF PRIOR LEAVE--REEMPLOYMENT WITHOUT CREDITING LEAVE BALANCE IF IT CAN REASONABLY BE DETERMINED EMPLOYEE CLAIMING RECREDITING OF 685 HOURS' SICK LEAVE WAS NOT SO CREDITED AT TIME OF REEMPLOYMENT IN 1947 (PRESUMABLY IN PERMANENT POSITION) AND DELAY IN CLAIMING RECREDIT IS SATISFACTORILY EXPLAINED, PRESENT RECREDITING WILL NOT BE OBJECTED TO SINCE RECORD EVIDENCES EMPLOYEE HAD CREDIT CLAIMED AT TIME OF SEPARATION MAY 16, 1947 AND CIVIL SERVICE REGULATIONS AT THAT TIME PERMITTED RECREDITING OF SICK LEAVE UP TO 90 DAYS TO EMPLOYEE SEPARATED BY REDUCTION -IN-FORCE WHO WAS REEMPLOYED WITHIN 1 YEAR AFTER NOTICE OF PROPOSED SEPARATION.

TO COMMANDING OFFICER:

REFERENCE IS MADE TO LETTER OF YOUR OFFICE DATED MARCH 13, 1970, WITH ENCLOSURES, REFERENCE BCRF, CONCERNING THE RECREDITING OF SICK LEAVE TO MISS MARY W. SHAUGHNESSY, AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE AT WESTOVER AIR FORCE BASE, MASSACHUSETTS.

THE INFORMATION FURNISHED SHOWS THAT EFFECTIVE MAY 16, 1947, MISS SHAUGHNESSY WAS SEPARATED DUE TO A REDUCTION IN FORCE FROM THE MASSACHUSETTS STATE HEADQUARTERS FOR SELECTIVE SERVICE. SHE RECEIVED AN APPOINTMENT TO THE WESTOVER AIR FORCE BASE EFFECTIVE SEPTEMBER 2, 1947. BY LETTER OF JULY 1, 1947, SHE WAS ADVISED BY THE MASSACHUSETTS STATE HEADQUARTERS, SELECTIVE SERVICE, THAT THE AMOUNT OF SICK LEAVE REMAINING TO HER CREDIT AT THE TIME OF HER SEPARATION WAS 685 HOURS. THE LETTER ALSO ADVISED HER THAT IF SHE IS APPOINTED, REAPPOINTED, OR TRANSFERRED WITHIN ONE YEAR FROM THE DATE OF HER SEPARATION TO A PERMANENT POSITION IN A GOVERNMENT AGENCY OPERATIONG UNDER THE SAME LEAVE SYSTEM AS THAT USED BY THE SELECTIVE SERVICE SYSTEM, SHE WOULD BE ENTITLED TO BE CREDITED WITH THE SICK LEAVE.

MISS SHAUGHNESSY CLAIMS THAT AT THE TIME OF HER APPOINTMENT AT WESTOVER AIR FORCE BASE ON SEPTEMBER 2, 1947, HER LEAVE ACCOUNT WAS NOT RECREDITED WITH THE 685 HOURS OF SICK LEAVE AND SINCE SHE WILL BE SEPARATED BY A REDUCTION IN FORCE EFFECTIVE MARCH 31, 1970, REQUESTS THAT HER LEAVE RECORD BE CREDITED WITH THE SICK LEAVE.

A COPY OF A LETTER IN THE FILE DATED JANUARY 28, 1970, TO BCRF-3, FROM THE PERSONNEL STAFFING & EMPLOYEE RELATIONS SPECIALIST OF WESTOVER AIR FORCE BASE READS IN PART AS FOLLOWS:

"2. A REVIEW OF MISS SHAUGHNESSY'S OFFICIAL PERSONNEL FOLDER SHOWS SHE WAS AFFECTED BY REDUCTION IN FORCE 16 MAY 1947 WITH 75 1/2 DAYS ACCRUED ANNUAL LEAVE AND WAS REHIRED AT WESTOVER AFB ON 2 SEPTEMBER 1947." NOTHING IS SAID IN THIS LETTER CONCERNING THE EMPLOYEE'S SICK LEAVE ACCOUNT. THEREFORE, WE ASSUME THAT HER PERSONNEL FOLDER CONTAINS NO REFERENCE THERETO.

THE CIVIL SERVICE REGULATIONS IN EFFECT AT THE TIME OF MISS SHAUGHNESSY'S APPOINTMENT ON SEPTEMBER 2, 1947, PROVIDED FOR A CEILING OF 90 DAYS AT THE END OF ANY MONTH ON THE ACCUMULATION OF SICK LEAVE AND AN EMPLOYEE APPOINTED OR REAPPOINTED WITHIN ONE YEAR AFTER NOTICE OF A PROPOSED SEPARATION BY REDUCTION IN FORCE WAS ENTITLED TO HAVE HIS OR HER SICK LEAVE ACCOUNT CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT TO THE EMPLOYEE'S ACCOUNT. IN VIEW THEREOF AND SINCE THE RECORD CLEARLY SHOWS THAT THE EMPLOYEE HAD A CREDIT OF 685 HOURS OF SICK LEAVE AT THE TIME OF HER SEPARATION ON MAY 16, 1947, SHE WAS ENTITLED UNDER THE REGULATIONS TO RECREDIT THEREOF UPON HER REEMPLOYMENT ON SEPTEMBER 2, 1947, ASSUMING SUCH REEMPLOYMENT WAS IN A PERMANENT POSITION.

THE ONLY QUESTION REMAINING IS WHETHER OR NOT THERE IS A SUFFICIENT BASIS FOR CONCLUDING THAT THE SICK LEAVE WAS NOT RECREDITED TO MISS SHAUGHNESSY'S SICK LEAVE ACCOUNT AT THE TIME OF HER EMPLOYMENT WITH THE WESTOVER AIR FORCE BASE ON OR AFTER SEPTEMBER 2, 1947.

IT IS OF SOME CONCERN AS TO WHY MISS SHAUGHNESSY WAITED SO LONG BEFORE CLAIMING RECREDIT OF THE SICK LEAVE. HOWEVER, ASSUMING THAT SHE CAN SATISFACTORILY EXPLAIN SUCH DELAY AND THAT AFTER CONSIDERING ALL FACTORS IT CAN REASONABLY BE DETERMINED SHE SHOULD BE RECREDITED WITH THE SICK LEAVE, WE WOULD NOT BE INCLINED TO OBJECT THERETO. TO ASSIST IN SUCH A DETERMINATION IT MIGHT BE HELPFUL TO ASCERTAIN HER SICK LEAVE BALANCE AS FAR BACK AS SHOWN BY EXISTING RECORDS AND THEN ATTEMPT TO ASCERTAIN HER RECORD OF SICK LEAVE TAKEN BETWEEN 1947 AND THAT DATE. PERHAPS FELLOW EMPLOYEES COULD ASSIST IN THIS RESPECT.

FOR YOUR INFORMATION THE 90-DAY LIMIT ON THE ACCUMULATION OF SICK LEAVE WAS NOT REMOVED UNTIL ENACTMENT OF THE ANNUAL AND SICK LEAVE ACT OF 1961, EFFECTIVE JANUARY 6, 1952.