B-91420, JANUARY 31, 1950, 29 COMP. GEN. 313

B-91420: Jan 31, 1950

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LEAVES OF ABSENCE - SICK - COMPENSATION ADJUSTMENT FOR EXCESS - REDUCTION IN FORCE AN EMPLOYEE WHOSE UNLIQUIDATED SICK LEAVE INDEBTEDNESS WOULD OTHERWISE HAVE BEEN EXCUSED. IS NOT REQUIRED TO MAKE COMPENSATION REFUND THEREFOR BY REASON OF HIS IMMEDIATE APPOINTMENT TO A TEMPORARY POSITION WITH THE SAME AGENCY AND HIS SUBSEQUENT SEPARATION BECAUSE OF "COMPLETION OF WORK ASSIGNMENT. " EVEN THOUGH THE UNLIQUIDATED SICK LEAVE BALANCE WAS PROPERLY CHARGED TO HIS LEAVE ACCOUNT IN THE TEMPORARY POSITION. REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19. YOU HAVE PRESENTED THE CASE OF MRS. FELTNER IS OUTLINED IN YOUR LETTER AS FOLLOWS: FEBRUARY 26. - LETTER ADVISING THAT THE WORKLOAD HAD DECLINED TO THE EXTENT THAT IT WAS FOUND NECESSARY TO REDUCE PERSONNEL AND THAT HER SERVICES WOULD BE TERMINATED NOVEMBER 18.

B-91420, JANUARY 31, 1950, 29 COMP. GEN. 313

LEAVES OF ABSENCE - SICK - COMPENSATION ADJUSTMENT FOR EXCESS - REDUCTION IN FORCE AN EMPLOYEE WHOSE UNLIQUIDATED SICK LEAVE INDEBTEDNESS WOULD OTHERWISE HAVE BEEN EXCUSED, UNDER SECTION 30.406 OF THE ANNUAL AND SICK LEAVE REGULATIONS, UPON HIS SEPARATION FROM AN INDEFINITE POSITION BY REDUCTION IN FORCE, IS NOT REQUIRED TO MAKE COMPENSATION REFUND THEREFOR BY REASON OF HIS IMMEDIATE APPOINTMENT TO A TEMPORARY POSITION WITH THE SAME AGENCY AND HIS SUBSEQUENT SEPARATION BECAUSE OF "COMPLETION OF WORK ASSIGNMENT," EVEN THOUGH THE UNLIQUIDATED SICK LEAVE BALANCE WAS PROPERLY CHARGED TO HIS LEAVE ACCOUNT IN THE TEMPORARY POSITION.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS AFFAIRS, JANUARY 31, 1950.

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19, 1949, REQUESTING ADVICE AS TO WHETHER COLLECTION SHOULD BE EFFECTED FROM CERTAIN EMPLOYEES OF THE VETERANS ADMINISTRATION FOR SICK LEAVE ADVANCES REMAINING UNLIQUIDATED UPON THE DATES OF THEIR SEPARATION FROM SERVICE WITH THE VETERANS ADMINISTRATION. YOU HAVE PRESENTED THE CASE OF MRS. WILLETTE A. FELTNER AS ILLUSTRATIVE OF THE CLASS OF CASES IN QUESTION.

THE PERSONNEL HISTORY OF MRS. FELTNER IS OUTLINED IN YOUR LETTER AS FOLLOWS: FEBRUARY 26, 1943--- APPOINTED TO THE VETERANS ADMINISTRATION UNDER

WAR SERVICE REGULATIONS FOR AN INDEFINITE PERIOD. AUGUST 30, 1949--- REDUCTION IN FORCE LETTER ADVISING THAT SHE WOULD BE

TERMINATED ON SEPTEMBER 30, 1949. SEPTEMBER 26, 1949--- OFFER OF A TEMPORARY POSITION NOT TO EXCEED 90

DAYS EFFECTIVE OCTOBER 1, 1949. OCTOBER 3, 1949--- PERSONNEL ACTION- - TERMINATION OF WAR SERVICE

INDEFINITE APPOINTMENT EFFECTIVE SEPTEMBER 30, 1949, AND TEMPORARY

APPOINTMENT UNDER CIVIL SERVICE REGULATION 2.114 (C) EFFECTIVE

OCTOBER 3, 1949. NOVEMBER 14, 1949--- LETTER ADVISING THAT THE WORKLOAD HAD DECLINED TO

THE EXTENT THAT IT WAS FOUND NECESSARY TO REDUCE PERSONNEL AND THAT

HER SERVICES WOULD BE TERMINATED NOVEMBER 18, 1949. NOVEMBER 18, 1949--- PERSONNEL ACTION EFFECTING TERMINATION ON ACCOUNT

OF " COMPLETION OF WORK ASSIGNMENT.'

IT IS STATED FURTHER IN YOUR LETTER THAT MRS. FELTNER RECEIVED A LUMP-SUM PAYMENT FOR 29 HOURS' ANNUAL LEAVE TO HER CREDIT AS OF SEPTEMBER 30, 1949, AT WHICH TIME SHE WAS INDEBTED FOR 200 HOURS OF ADVANCED SICK LEAVE, WHICH INDEBTEDNESS WAS TRANSFERRED AS A CHARGE TO HER SICK LEAVE ACCOUNT IN THE TEMPORARY POSITION. AT THE TIME OF HER FINAL SEPARATION FROM SERVICE WITH THE VETERANS ADMINISTRATION--- NOVEMBER 18, 1949--- THE 200-HOUR UNLIQUIDATED SICK LEAVE CHARGE HAD BEEN REDUCED TO 190 HOURS BY REASON OF SUBSEQUENT ACCRUALS OF SICK LEAVE AND, IN ADDITION, THERE WAS TO HER CREDIT ON THAT DATE A TOTAL OF 9 HOURS' ACCRUED ANNUAL LEAVE.

SECTIONS 30.406 AND 30.408 (A) OF THE ANNUAL AND SICK LEAVE REGULATIONS PROVIDE:

SEPARATION OF EMPLOYEES INDEBTED FOR UNEARNED LEAVE. IN CASE OF THE SEPARATION OF AN EMPLOYEE WHO IS INDEBTED FOR UNEARNED LEAVE, THE EMPLOYEE SHALL REFUND THE AMOUNT PAID HIM FOR THE PERIOD OF SUCH EXCESS, OR DEDUCTION THEREFOR SHALL BE MADE FROM ANY SALARY DUE HIM. EFFECTIVE JULY 1, 1946, THIS SECTION SHALL NOT APPLY IN CASES OF DEATH, RETIREMENT FOR DISABILITY, REDUCTION OF FORCE, OR TERMINATION BY DISPLACEMENT ORDER OF THE CIVIL SERVICE COMMISSION, OR IN CASE AN EMPLOYEE IS UNABLE TO RETURN TO DUTY BECAUSE OF DISABILITY, EVIDENCE OF WHICH SHALL BE SUPPORTED BY AN ACCEPTABLE MEDICAL CERTIFICATE.

DISPOSITION OF SICK LEAVE ACCOUNT ON TRANSFER. WHEN AN EMPLOYEE IS APPOINTED, OR REAPPOINTED, OR TRANSFERRED TO ANOTHER POSITION WITH NO BREAK IN SERVICE, OR A BREAK OF LESS THAN 90 DAYS, OR WITHIN ONE YEAR AFTER NOTICE OF PROPOSED SEPARATION BY REDUCTION IN FORCE OR DISPLACEMENT ORDER OF THE CIVIL SERVICE COMMISSION, HIS SICK LEAVE ACCOUNT SHALL BE DISPOSED OF AS FOLLOWS:

(A) IF THE POSITION IS WITHIN THE PURVIEW OF THE LEAVE ACTS OF MARCH 14, 1936, THE SICK LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE TO THE EMPLOYEE.

IN VIEW OF THOSE REGULATIONS, THE SICK LEAVE CHARGE IN THE AMOUNT OF 200 HOURS PROPERLY WAS PLACED AGAINST THE SICK LEAVE ACCOUNT OF MRS. FELTNER IN THE TEMPORARY POSITION. HOWEVER, A CONCLUSION THAT WOULD REQUIRE HER, UPON SEPARATION FROM THE TEMPORARY POSITION, TO LIQUIDATE THE SICK LEAVE INDEBTEDNESS INCURRED IN THE PRIOR INDEFINITE POSITION, OTHER THAN TO THE EXTENT TO WHICH SICK LEAVE ACCRUED TO HER CREDIT IN THE TEMPORARY POSITION, WOULD BE INCONSISTENT WITH AND DEFEAT THE APPARENT PURPOSE OF THAT PART OF SECTION 30.406 OF THE ANNUAL AND SICK LEAVE REGULATIONS WHICH EXCEPTS EMPLOYEES SEPARATED FROM SERVICE BY REASON OF REDUCTION IN FORCE FROM LIABILITY FOR LIQUIDATION OF LEAVE INDEBTEDNESS EXISTING UPON THE DATES OF THEIR SEPARATIONS. CF. 26 COMP. GEN. 939. THEREFORE, THE EMPLOYEE INVOLVED NEED NOT BE CONSIDERED AS INDEBTED FOR THE UNLIQUIDATED SICK LEAVE AND PAYMENT TO HER FOR THE 9 HOURS' ANNUAL LEAVE TO HER CREDIT ON NOVEMBER 18, 1949, WOULD APPEAR PROPER.