Claim for Restoration of Leave for Period of Involuntary Sick Leave

B-192956: Apr 9, 1979

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A government employee requested reconsideration of his claim for restoration of leave during which time he was involuntarily placed on sick leave by the Veterans Administration (VA) pending a determination of his fitness for duty. The claimant alleged that the VA's action procedurally and substantively violated appropriate statutes and regulations. Also, the claimant contended that even if the VA's initial action was proper, he should be credited with some portion of the sick leave because the VA took an unreasonable amount of time in making its final determination. The initial letter to the VA employee putting him on involuntary sick leave pending medical examination was proper notice since it had been approved by the hospital director before it was issued. In addition, the claimant complained that he was given erroneous information on several points by the hospital Personnel Office. A review of the record indicated that the erroneous information consisted solely of misinformation regarding the filing of a grievance which was inappropriate to contest this type of agency action. The facts clearly demonstrate that VA's final determination was made within a reasonable time. Thus, there was no basis for recrediting any of the sick leave to the claimant. The prior disallowance of the claim was affirmed.