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B-170549, OCT. 16, 1970

B-170549 Oct 16, 1970
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HE WAS JUSTLY CHARGED FOR LEAVE FOR THE TIME HE WAS ABSENT FROM WORK DESPITE THE FACT THAT HE WAS NOT GIVEN ANY SPECIFIC ASSIGNMENT DURING THIS PERIOD AND WAS ENCOURAGED BY HIS SUPERIOR TO USE HIS TIME AS DESCRIBED. ENCLOSED WITH YOUR LETTER OF JULY 6 IS A COPY OF YOUR LETTER OF MARCH 19. AS FOLLOWS: "(1) I WAS GIVEN NO SPECIFIC ASSIGNMENT FOR THE FINAL TWO WEEKS OF MY TOUR. I WAS GIVEN PERMISSION TO SEEK OTHER WORK AND WAS OFFERED AID IN SO DOING. I SUBMIT THAT I SHOULD NOT HAVE BEEN CHARGED LEAVE AND THAT I SHOULD HAVE BEEN COVERED FOR 62 HOURS. EVEN THAT WAS 8 HOURS IN ERROR DUE TO THE LAST DAY BEING CLAIMED AS ILLNESS AND DISREGARDED. "(2) THE COMPTROLLER GENERAL HAS RULED. HAVE THE SEPARATION DATE CHANGED TO PERMIT PAYMENT FOR LEAVE.

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B-170549, OCT. 16, 1970

COMPENSATION - ANNUAL LEAVE DECISION DENYING CLAIM THAT EMPLOYEE OF THE BUREAU OF THE CENSUS SHOULD NOT BE CHARGED LEAVE FOR THE FINAL TWO WEEKS OF HIS TOUR. WHERE EMPLOYEE USED TIME DURING HIS LAST TWO WEEKS OF EMPLOYMENT, TO GO TO JOB INTERVIEWS, ARRANGE HIS AFFAIRS, ETC., HE WAS JUSTLY CHARGED FOR LEAVE FOR THE TIME HE WAS ABSENT FROM WORK DESPITE THE FACT THAT HE WAS NOT GIVEN ANY SPECIFIC ASSIGNMENT DURING THIS PERIOD AND WAS ENCOURAGED BY HIS SUPERIOR TO USE HIS TIME AS DESCRIBED.

TO MR. KEITH WIESLEY:

WE REFER FURTHER TO YOUR LETTERS OF JULY 6, AND JULY 21, 1970, PERTAINING TO YOUR CLAIM FOR ANNUAL LEAVE AND FOR PER DIEM AND TRAVEL MONIES AS AN EMPLOYEE OF THE BUREAU OF THE CENSUS DURING 1969 AND 1970.

ENCLOSED WITH YOUR LETTER OF JULY 6 IS A COPY OF YOUR LETTER OF MARCH 19, 1970, TO THE DEPARTMENT OF COMMERCE WHICH STATES IN PERTINENT PART:

"I AM IN DISAGREEMENT WITH THE AMOUNT OF LEAVE CALCULATED FOR ME, AS FOLLOWS:

"(1) I WAS GIVEN NO SPECIFIC ASSIGNMENT FOR THE FINAL TWO WEEKS OF MY TOUR. I WAS GIVEN PERMISSION TO SEEK OTHER WORK AND WAS OFFERED AID IN SO DOING. DUE TO THE LACK OF SPECIFIC INSTRUCTIONS FOR WORK, I SUBMIT THAT I SHOULD NOT HAVE BEEN CHARGED LEAVE AND THAT I SHOULD HAVE BEEN COVERED FOR 62 HOURS. THE FINAL CHECK NOTED 26 HOURS--EVEN THAT WAS 8 HOURS IN ERROR DUE TO THE LAST DAY BEING CLAIMED AS ILLNESS AND DISREGARDED.

"(2) THE COMPTROLLER GENERAL HAS RULED, DECISION NO. B-168739, THAT A FEDERAL EMPLOYEE NOT PAID FOR ACCRUED ANNUAL LEAVE AT THE TIME OF SEPARATION, MAY BE RESTORED TO THE ROLLS, AND HAVE THE SEPARATION DATE CHANGED TO PERMIT PAYMENT FOR LEAVE. I, HEREWITH, REQUEST THAT THIS BE DONE.

"(3) I AM STILL AWAITING AN ANSWER AS TO WHY I DID NOT RECEIVE PER DIEM STATUS IN THE SAME MANNER THAT OTHERS FROM ST. PAUL, DETROIT, ETC RECEIVED. I WAS HIRED IN AT SUITLAND, MARYLAND--NOT NEW YORK CITY. IT IS MY BELIEF THAT THE SITUATION WAS NO DIFFERENT THAN DAMMERMAN, GRAY, PETERS, ZAYACK."

THE RECORD BEFORE US SHOWS THAT YOU RECEIVED AN EXCEPTED APPOINTMENT WITH THE BUREAU OF THE CENSUS NOT TO EXCEED MAY 11, 1970, EFFECTIVE AUGUST 17, 1969. YOUR RATE OF COMPENSATION IS SHOWN AS $5.40 AN HOUR WITH PERMANENT DUTY STATION AT MANHATTAN, NEW YORK. YOUR APPOINTMENT IS SHOWN AS TERMINATED EFFECTIVE FEBRUARY 20, 1970.

SINCE NEW YORK CITY WAS YOUR PERMANENT DUTY STATION YOU COULD NOT UNDER THE APPLICABLE REGULATIONS BE PAID PER DIEM. SEE SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. THE LETTER OF APRIL 14, 1970, FROM MR. MCPIKE, THE CHIEF OF FIELD DIVISION, BUREAU OF THE CENSUS, TO YOU IS TO THE SAME EFFECT.

WITH RESPECT TO YOUR USE OF ANNUAL LEAVE A LETTER DATED APRIL 22, 1970, FROM THE REGIONAL DIRECTOR, BUREAU OF THE CENSUS, TO YOU STATES IN PERTINENT PART:

"THIS IS AN ADDITIONAL RESPONSE TO YOUR QUESTIONS REGARDING THE AMOUNT OF LEAVE TAKEN AND PAID FOR THE PAY PERIOD 2/8/70 TO 2/21/70. YOUR SPECIFIC ASSIGNMENT DURING THIS PERIOD WAS FLEXIBLE TO GIVE YOU THE OPPORTUNITY TO GET YOUR AFFAIRS IN ORDER. YOU WERE TO REPORT TO THE DEPUTY REGIONAL DIRECTOR AND YOU WERE ACCORDED USE OF ANNUAL LEAVE WHENEVER YOU REQUESTED IT FOR INTERVIEWS OR OTHER MATTERS OF A PERSONAL NATURE. THE RECORDS SHOW YOU WERE ABSENT AND SIGNED FOR ANNUAL LEAVE FOR THE FOLLOWING DATES:

"2/10 - 8 HRS

2/11 - 7 HRS 9:30AM TO 5:00PM

2/13 - 7 HRS 9:30AM TO 5:00PM

2/16 - 6 HRS 10:30AM TO 5:00PM

2/17 - 1 HR 4:00PM TO 5:00PM

2/18 - 2 HRS 3:00PM TO 5:00PM

"YOUR PAYCHECK WAS GIVEN TO YOU AT 9:00AM ON 2/19 (THURSDAY), YOU LEFT THE OFFICE AT 9:30AM (INFORMING THE STAFF IN WRITING YOU WERE GOING TO THE PORT AUTHORITY FOR AN EMPLOYMENT INTERVIEW) AND YOU DID NOT RETURN TO THE REGIONAL OFFICE ON 2/19 AND YOU DID NOT REPORT TO THE REGIONAL OFFICE ON 2/20. WE CHARGED YOU FOR ANNUAL LEAVE ON 2/19 AND 2/20 ALTHOUGH YOU DID NOT SIGN FOR THE LEAVE. HAD YOU CONTACTED THE REGIONAL OFFICE ON 2/20/70 AND CLAIMED ILLNESS, SICK LEAVE WOULD HAVE BEEN GRANTED FOR THIS DATE. YOUR ACCRUED ANNUAL LEAVE, AT TIME OF SEPARATION, WOULD HAVE BEEN PAID TO YOU ON 2/20/70 HAD YOU REPORTED TO THE REGIONAL OFFICE, THIS WAS THE EFFECTIVE DATE OF SEPARATION."

A REVIEW OF A COPY OF YOUR LEAVE RECORDS CONFIRMS THE DATA SET FORTH ABOVE. WE SEE NO REASON WHY THE AGENCY SHOULD NOT HAVE CHARGED YOU ANNUAL LEAVE IN THE MANNER INDICATED, REGARDLESS OF THE FACT THAT YOU HAD NO SPECIFIC ASSIGNMENT DURING SUCH PERIOD.

YOUR LETTER OF MAY 5, 1970, TO MR. CULLINANE INDICATED THAT YOU WERE GETTING A CONFIRMATION COPY FROM WESTERN UNION OF A TWX REQUEST FOR SICK LEAVE ON FEBRUARY 20, 1970, TO PORTER RICKLEY. THE ADMINISTRATIVE OFFICE REPORTS THAT THE NEW YORK REGIONAL OFFICE HAS NOT RECEIVED A COPY OF SUCH TELEGRAM.

ON THE RECORD WE FIND NO BASIS TO SUPPORT A CLAIM BY YOU. ADDITIONALLY, THE ADMINISTRATIVE OFFICE REPORTS THAT YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $14.50 FOR AN UNLIQUIDATED BALANCE OF A TRAVEL ADVANCE. IT IS STATED THAT YOU WERE GIVEN $150 TRAVEL ADVANCE INCIDENT TO A CONTINUOUS TRAVEL ORDER WHICH WAS PARTIALLY LIQUIDATED IN THE AMOUNT OF $135.50 ON A TRAVEL VOUCHER FOR THE PERIOD OF OCTOBER 22 TO DECEMBER 30, 1969. YOU SHOULD TAKE STEPS TO SETTLE THE OUTSTANDING DIFFERENCE.

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