B-130687, MAR. 15, 1957

B-130687, MAR. 15, 1957

TO MR. JOHN VRTJAK:

THIS REFERS TO A LETTER DATED DECEMBER 29, 1956, FROM MR. ANDREW VRTJAK, TO OUR CLAIMS DIVISION, CONCERNING YOUR CLAIM FOR 46 HOURS ANNUAL LEAVE AS AN EMPLOYEE OF THE UNITED STATES GOVERNMENT PRINTING OFFICE.

THE INFORMATION FURNISHED OUR OFFICE IN CONNECTION WITH YOUR CLAIM SHOWS THAT YOU WORKED TWO HOURS ON AUGUST 3, 1954, AND FOR THE BALANCE OF THAT DAY (SIX HOURS) YOU WERE CARRIED AS SICK INJURED. YOUR STATUS CONTINUED AS "SICK INJURED" THROUGH FIVE HOURS ON SEPTEMBER 7, 1954, AT WHICH TIME YOU EXHAUSTED THE SICK LEAVE TO YOUR CREDIT. YOU THEN WERE CARRIED AS "INJURED" AND THIS ABSENCE WAS CHARGED TO YOUR ANNUAL LEAVE UNTIL IT WAS EXHAUSTED (THREE HOURS ON SEPTEMBER 7 THROUGH SIX HOURS ON SEPTEMBER 14, 1954). THEREAFTER, YOU WERE CARRIED AS "INJURED" IN A LEAVE WITHOUT PAY STATUS FROM TWO HOURS ON SEPTEMBER 14 THROUGH DECEMBER 6, 1954. THE INFORMATION FURNISHED ALSO SHOWS THAT YOU MADE APPLICATION FOR THE SICK LEAVE WITH PAY WHICH WAS GRANTED AND THERE IS NO RECORD OF ANY REQUEST FROM YOU TO BE PLACED IN A LEAVE WITHOUT PAY STATUS AFTER YOUR SICK LEAVE WAS EXHAUSTED. IN FACT, THE LETTERS WRITTEN IN YOUR BEHALF BY MR. ANDREW VRTJAK SHOW THAT IT WAS NOT UNTIL SEVERAL MONTHS AFTER YOU WERE PAID FOR YOUR ANNUAL LEAVE THAT ANY QUESTION WAS RAISED CONCERNING THE ADMINISTRATIVE AUTHORITY TO PLACE YOU ON ANNUAL LEAVE RATHER THAN LEAVE WITHOUT PAY.

THE GRANTING OR DENIAL OF ANNUAL AND SICK LEAVE ARE MATTERS PRIMARILY FOR ADMINISTRATIVE DETERMINATION AND WHEN SUCH LEAVES HAVE BEEN GRANTED TO EMPLOYEES AND COMPENSATION HAS BEEN PAID THEREFOR, THE GENERAL ACCOUNTING OFFICE IS WITHOUT JURISDICTION TO DIRECT ANY CHANGE IN THE ADMINISTRATIVE RECORDS ON THE STATEMENT OF AN EMPLOYEE THAT HE OR SHE SHOULD HAVE BEEN CHARGED A DIFFERENT LEAVE FOR SUCH PERIODS OF ABSENCE FROM DUTY. HOWEVER, OUR OFFICE WOULD NOT BE REQUIRED TO OBJECT SHOULD THE ADMINISTRATIVE OFFICE ON YOUR REQUEST TAKE THE NECESSARY STEPS TO SHOW YOU IN A LEAVE WITHOUT PAY STATUS FOR ALL, OR ANY PART OF THE PERIODS PREVIOUSLY CHARGED TO ANNUAL AND SICK LEAVE AFTER THE OCCURRENCE OF YOUR INJURY AND WHICH IT FINDS WAS ATTRIBUTABLE THERETO. 30 COMP. GEN. 185 AT PAGE 188. IN THAT CONNECTION WE MAY POINT OUT THAT NO ANNUAL OR SICK LEAVE ACCRUES FOR PERIODS FOR WHICH AN EMPLOYEE IS IN RECEIPT OF DISABILITY COMPENSATION. 29 COMP. GEN. 73 AND 296.

SHOULD A SUBSTITUTION OF LEAVE WITHOUT PAY BE AUTHORIZED FOR THE 46 HOURS OF ANNUAL LEAVE IN QUESTION FOR THE PURPOSE OF HAVING YOUR DISABILITY COMPENSATION COMMENCE AT THE TIME YOUR SICK LEAVE BECAME EXHAUSTED ON OR ABOUT SEPTEMBER 7, 1954, NO ADDITIONAL PAYMENT FOR THE ANNUAL LEAVE SO RESTORED TO YOUR LEAVE ACCOUNT WOULD BE PROPER BECAUSE YOU ALREADY HAVE RECEIVED PAYMENT THEREFOR CURRENTLY. AS A MATTER OF FACT, IT IS POSSIBLE THAT A RECONSTRUCTION OF YOUR LEAVE ACCOUNT BECAUSE OF THE REQUESTED SUBSTITUTION OF LEAVE WITHOUT PAY FOR THE 46 HOURS OF ANNUAL LEAVE MIGHT RESULT IN SOME OVERPAYMENT WHICH WOULD HAVE TO BE REFUNDED. THAT POSSIBILITY LIES IN THE FACT THAT YOU MAY HAVE BEEN CREDITED WITH LEAVE DURING THE PERIOD COVERED BY YOUR ANNUAL LEAVE PAYMENT. THIS WOULD BE IMPROPER IF LEAVE WITHOUT PAY WAS SUBSTITUTED FOR THE ANNUAL LEAVE.