Excused Absence

GAO was requested to render a decision concerning an agency's authority to grant 80 hours of administrative leave to an employee immediately prior to his removal from the agency for cause. Upon learning that he was to be terminated, the employee was authorized to leave work, but the type of leave to be charged was not specified. When the employee left work he believed he was to be separated for cause 5 days later. However, final termination was delayed because of a defect in the termination letter. After an unsuccessful attempt to serve the employee personally, the agency obtained authority from its headquarters to change the termination date and serve the termination letter by certified mail. At that time, the Regional Director of the agency approved an additional 40 hours administrative leave for the employee to cover the work period until the effective termination date. Although GAO has recognized that in the absence of statute, agency heads are authorized to excuse employees for brief periods of time without charge to leave or loss of pay, agencies are limited in their rights to place employees on enforced leave. Placing an employee on leave without his consent constitutes a suspension requiring the use of suspension procedures. The agency stated that placing the employee on enforced leave without pay is tantamount to invoking the termination action in advance of the prescribed effective date. GAO agreed, but only as to the period ending at the first intended date of termination. The employee understood that he was to be separated for cause on that date, and had no reason to believe that he would be retained on the rolls after that date. He did not return to work and made no attempt to do so. Accordingly, he was not entitled to compensation after that date. GAO held that he may be compensated for the 40 hours of excused absence during that period.