B-130906, MAR. 6, 1958
Highlights
THE RECORD SHOWS THAT YOU WERE PAID IN FULL. ARE LIMITED TO 30 DAYS OR THE ACCUMULATION BROUGHT FORWARD AT THE BEGINNING OF THE YEAR. WHICHEVER IS GREATER. YOU HAVE ALREADY RECEIVED A LUMP-SUM PAYMENT FOR YOUR LEAVE CEILING OF 261 HOURS. YOU ARE INFORMED THAT THE AMOUNT OF SICK LEAVE TO BE GRANTED UPON TERMINATION OF YOUR SERVICES WAS WITHIN THE DISCRETION OF THE DEPARTMENT OF JUSTICE. THE RULE IS WELL ESTABLISHED THAT WHEN THE DATE OF SEPARATION IS SET INTENTIONALLY AND THE SEPARATION BECOMES AN ACCOMPLISHED FACT AN EMPLOYEE MAY NOT BE RESTORED TO A PAY STATUS FOR ANY PERIOD SUBSEQUENT TO THE DATE OF SEPARATION FOR THE PURPOSE OF GRANTING SICK LEAVE. THE RECORD SHOWS THAT YOU WERE SEPARATED EFFECTIVE JANUARY 8.
B-130906, MAR. 6, 1958
TO MR. JOSEPH F. O-BRIEN:
ON JANUARY 20, 1958, YOU REQUESTED REVIEW OF OUR DECISION OF JULY 25, 1957, B-130906 (37 COMP. GEN. 55), WHICH CONCERNED YOUR CLAIM FOR ADDITIONAL LUMP-SUM PAYMENT INCIDENT TO THE TERMINATION OF YOUR EMPLOYMENT WITH THE DEPARTMENT OF JUSTICE ON JANUARY 8, 1954. YOU ALSO NOW CLAIM PAYMENT FOR UNUSED SICK LEAVE FOR WHICH YOU SAY YOU HAD APPLIED PRIOR TO SEPARATION. YOU COMMUNICATED WITH US FURTHER CONCERNING THIS CLAIM ON FEBRUARY 7, 1958.
THE RECORD SHOWS THAT YOU WERE PAID IN FULL--- BUT CHARGED ANNUAL LEAVE-- - FOR SEPTEMBER 8, 9, 10, AND 11, 1953, AND OCTOBER 8, 9, 12, AND 13, 1953, THE DAYS FOR WHICH YOU NOW CLAIM AN ADDITIONAL LUMP-SUM PAYMENT.
UNDER 5 U.S.C. 61B, LUMP-SUM PAYMENTS FOR ACCRUED ANNUAL LEAVE IN SEPARATIONS AFTER AUGUST 31, 1953, ARE LIMITED TO 30 DAYS OR THE ACCUMULATION BROUGHT FORWARD AT THE BEGINNING OF THE YEAR, WHICHEVER IS GREATER. YOU HAVE ALREADY RECEIVED A LUMP-SUM PAYMENT FOR YOUR LEAVE CEILING OF 261 HOURS. THEREFORE, EVEN IF YOU COULD BE RECREDITED WITH ANNUAL LEAVE FOR THE EIGHT DAYS CLAIMED, THE FOREGOING PROVISION OF LAW WOULD PRECLUDE ANY FURTHER LUMP-SUM PAYMENT BEING MADE ON THAT ACCOUNT. SEE, GENERALLY, 35 COMP. GEN. 520.
REGARDING YOUR CLAIM FOR UNUSED SICK LEAVE FOR WHICH YOU HAD APPLIED PRIOR TO SEPARATION, YOU ARE INFORMED THAT THE AMOUNT OF SICK LEAVE TO BE GRANTED UPON TERMINATION OF YOUR SERVICES WAS WITHIN THE DISCRETION OF THE DEPARTMENT OF JUSTICE. THE RULE IS WELL ESTABLISHED THAT WHEN THE DATE OF SEPARATION IS SET INTENTIONALLY AND THE SEPARATION BECOMES AN ACCOMPLISHED FACT AN EMPLOYEE MAY NOT BE RESTORED TO A PAY STATUS FOR ANY PERIOD SUBSEQUENT TO THE DATE OF SEPARATION FOR THE PURPOSE OF GRANTING SICK LEAVE. THE RECORD SHOWS THAT YOU WERE SEPARATED EFFECTIVE JANUARY 8, 1954, AND FAILS TO ESTABLISH THE EXISTENCE OF AN ADMINISTRATIVE INTENTION TO SEPARATE YOU AT A LATER DATE.
THEREFORE, NO PROPER BASIS EXISTS FOR ALLOWANCE OF YOUR CLAIM FOR THE ADDITIONAL SICK LEAVE PAYMENT.