B-175742, JUN 20, 1972

B-175742: Jun 20, 1972

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CREDIT FOR LEAVE IS THE PRIMARY RESPONSIBILITY OF THE EMPLOYING AGENCY AND THE COMP. WOULD HAVE NO OBJECTION TO CREDITING MR. NAVAL ORDNANCE SYSTEMS COMMAND: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 21. ADDRESSED TO THE CLAIMS DIVISION OF OUR OFFICE IN WHICH ADVICE IS REQUESTED RELATIVE TO THE CLAIM OF MR. REQUEST A DECISION AS TO THE PRESENT APPLICABILITY OF THE STATEMENT THEREIN THAT SINCE RECREDIT OF SICK LEAVE DOES NOT INVOLVE A MONEY PAYMENT IT IS NOT A PROPER SUBJECT FOR SETTLEMENT IN OUR OFFICE AS A CLAIM. WE DO NOT VIEW THE ABOVE-CITED LEGISLATION AS CHANGING THE PRINCIPLE THAT THE DETERMINATION AS TO WHETHER AN EMPLOYEE SHOULD BE CREDITED WITH LEAVE IS THE PRIMARY RESPONSIBILITY OF THE AGENCY WHERE HE IS PRESENTLY EMPLOYED.

B-175742, JUN 20, 1972

CIVILIAN EMPLOYEE - RECREDIT OF SICK LEAVE CONCERNING THE CLAIM OF MICHAEL S. LOZINSKI, AN EMPLOYEE OF THE NAVAL ORDANCE SYSTEMS COMMAND, FOR RECREDIT OF SICK LEAVE EARNED DURING THE PERIOD MARCH 16, 1939, THROUGH AUGUST 18, 1943. CREDIT FOR LEAVE IS THE PRIMARY RESPONSIBILITY OF THE EMPLOYING AGENCY AND THE COMP. GEN. WOULD HAVE NO OBJECTION TO CREDITING MR. LOZINSKI'S SICK LEAVE ACCOUNT AS ADMINISTRATIVELY RECOMMENDED.

TO COMMANDER, NAVAL ORDNANCE SYSTEMS COMMAND:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 21, 1971, REFERENCE ORD- 01E:RKP, AND ENCLOSURES, ADDRESSED TO THE CLAIMS DIVISION OF OUR OFFICE IN WHICH ADVICE IS REQUESTED RELATIVE TO THE CLAIM OF MR. MICHAEL S. LOZINSKI, AN EMPLOYEE OF THE NAVAL ORDNANCE SYSTEMS COMMAND, FOR RECREDIT OF SICK LEAVE EARNED DURING THE PERIOD MARCH 16, 1939, THROUGH AUGUST 18, 1943. YOU CITE OUR DECISION B-145621, JUNE 14, 1961, AND REQUEST A DECISION AS TO THE PRESENT APPLICABILITY OF THE STATEMENT THEREIN THAT SINCE RECREDIT OF SICK LEAVE DOES NOT INVOLVE A MONEY PAYMENT IT IS NOT A PROPER SUBJECT FOR SETTLEMENT IN OUR OFFICE AS A CLAIM.

YOUR QUESTION ARISES IN VIEW OF THE PASSAGE OF RECENT LEGISLATION, 5 U.S.C. 8339, AS AMENDED BY SECTION 203(5) OF PUBLIC LAW 91-93, WHICH ALLOWS RETIREMENT SERVICE CREDIT FOR UNUSED SICK LEAVE ON THE DATE OF RETIREMENT.

WE DO NOT VIEW THE ABOVE-CITED LEGISLATION AS CHANGING THE PRINCIPLE THAT THE DETERMINATION AS TO WHETHER AN EMPLOYEE SHOULD BE CREDITED WITH LEAVE IS THE PRIMARY RESPONSIBILITY OF THE AGENCY WHERE HE IS PRESENTLY EMPLOYED. SEE IN THIS CONNECTION DECISION B-171290, DECEMBER 3, 1970, COPY ENCLOSED, WHEREIN IT WAS POINTED OUT IN A CASE INVOLVING CREDITING OF SICK LEAVE THAT A CERTIFYING OFFICER WOULD NOT BE ENTITLED TO A DECISION IN THE MATTER PRESENTED SINCE A MONEY PAYMENT WAS NOT INVOLVED. THAT CASE LIKEWISE AROSE INCIDENT TO 5 U.S.C. 8339.

IT IS REPORTED THAT LEAVE RECORDS IN THE INSTANT CASE HAVE BEEN DESTROYED IN ACCORDANCE WITH APPLICABLE REGULATIONS. THE EMPLOYEE TRANSFERRED TO THE PANAMA CANAL COMPANY IN 1943 WHERE HE WAS EMPLOYED UNTIL 1946, AT WHICH TIME HE RETURNED TO WORK FOR THE DEPARTMENT OF THE NAVY. UPON RETURN THE SICK LEAVE HE HAD ACCRUED PRIOR TO TRANSFER TO THE PANAMA CANAL COMPANY WAS NOT RECREDITED. IN ATTEMPTING TO MAKE A DETERMINATION IN THIS MATTER, YOU STATE THAT YOU HAVE OBTAINED AND UTILIZED OFFICIALLY APPROVED LEAVE REQUESTS WHICH YOUR AGENCY HAS ACCEPTED AS EVIDENCE OF THE USAGE OF SICK LEAVE BY THE EMPLOYEES AND, SECONDLY, A SWORN STATEMENT BY MR. LOZINSKI CERTIFYING THAT THESE REQUESTS REPRESENT THE ONLY SICK LEAVE HE USED DURING THE PERIOD IN QUESTION. THE TOTAL AMOUNT OF SICK LEAVE USED WAS 167 HOURS. THE CLAIMANT IS REQUESTING A RECREDIT OF 434 HOURS OF SICK LEAVE. IN RECONSTRUCTING HIS LEAVE ACCOUNT, IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE RECREDIT OF SICK LEAVE SHOULD BE 363 HOURS.

THE ADMINISTRATIVE DETERMINATION IS BASED UPON CRITERIA CONSISTENT WITH THE DECISION B-145621, JUNE 14, 1961, CITED BY YOU, AND 32 COMP. GEN. 310. WE SEE NO OBJECTION TO YOUR OFFICE CREDITING MR. LOZINSKI'S SICK LEAVE ACCOUNT WITH 363 HOURS AS ADMINISTRATIVELY DETERMINED.