B-131398, MAY 14, 1957

B-131398, MAY 14, 1957

TO MISS DOROTHY J. AUSTIN, AUTHORIZED CERTIFYING OFFICER, FEDERAL CIVIL DEFENSE ADMINISTRATION:

YOUR LETTER OF APRIL 3, 1957, REQUESTS OUR DECISION WHETHER PAYMENT FOR SICK LEAVE MAY BE MADE TO MRS. BEULAH D. LISIC UNDER THE CONDITIONS THEREIN SET FORTH. MRS. LISIC WAS SEPARATED ON AUGUST 24, 1956. AS OF THAT DATE SHE HAD 104 HOURS ACCRUED SICK LEAVE TO HER CREDIT. SINCE HER RESIGNATION WAS DUE TO PREGNANCY SHE WAS INFORMED AT THAT TIME THAT UPON PRESENTATION OF A DOCTOR'S CERTIFICATE SHE COULD USE THIS SICK LEAVE AND THAT HER RESIGNATION COULD THEN BE MADE EFFECTIVE SEPTEMBER 14, 1956. HOWEVER, NO DOCTOR'S CERTIFICATE WAS FURNISHED AS THE DOCTOR WAS NOT CERTAIN OF HER CONDITION AT THAT TIME. MRS. LISIC HAS NOW FURNISHED A CERTIFICATE BY ANOTHER DOCTOR DATED FEBRUARY 12, 1957, STATING THAT THEY ARE CARING FOR HER FOR PREGNANCY, CONCEPTION DATE JULY 1, 1956. THIS CERTIFICATE WAS ENCLOSED WITH A LETTER FROM MRS. LISIC STATING THAT BECAUSE OF THE TREATMENT SHE RECEIVED FROM HER FIRST DOCTOR SHE BECAME VERY ILL AND ON OCTOBER 24, 1956, LEFT THE CARE OF THE FIRST DOCTOR AND CONSULTED HER FAMILY DOCTOR WHO STATED THAT HE WAS SURE SHE WAS PREGNANT AND HAS TREATED HER FROM THAT TIME.

AUTHORIZED CERTIFYING OFFICERS ARE ENTITLED TO ADVANCE DECISIONS ONLY ON QUESTIONS SPECIFICALLY INVOLVED IN VOUCHERS BEFORE THEM FOR CERTIFICATION, AND IT IS THE USUAL REQUIREMENT THAT SUCH VOUCHER MUST ACCOMPANY THE REQUEST FOR DECISION. 21 COMP. GEN. 1128; 23 ID. 793. HOWEVER, AS THE PRESENTATION OF A VOUCHER APPARENTLY WOULD RESULT FROM A FAVORABLE DECISION UPON THE QUESTION SUBMITTED THAT REQUIREMENT WILL NOT BE INSISTED UPON HERE.

UNDER THE SICK LEAVE REGULATIONS, SECTION 30.401, FEDERAL PERSONNEL MANUAL, SICK LEAVE MAY BE GRANTED EMPLOYEES "WHEN THEY ARE INCAPACITATED FROM PERFORMANCE OF THEIR DUTIES BY SICKNESS, INJURY, OR PREGNANCY AND CONFINEMENT, OR FOR MEDICAL, DENTAL, OR OPTICAL EXAMINATION OR EATMENT.'

PREGNANCY DOES NOT IPSO FACTO CONSTITUTE SICKNESS. B-123516, MAY 10, 1955, AND B-111223, AUGUST 11, 1952. ACCORDINGLY, THE DOCTOR'S CERTIFICATE STATING ONLY THAT A PATIENT WAS PREGNANT DOES NOT ESTABLISH THE FACT OF INCAPACITY TO PERFORM THE DUTIES OF HER POSITION. FURTHERMORE, THE PRESENT DOCTOR WAS NOT CONSULTED UNTIL NEARLY TWO MONTHS AFTER HER RESIGNATION, MAKING IT IMPRACTICAL FOR HIM TO CERTIFY AS TO HER INCAPACITY DURING THE PERIOD HERE INVOLVED.

AS THE EMPLOYEE PROPERLY WAS SEPARATED UPON HER RESIGNATION IT WOULD NOT BE PROPER AT THIS TIME TO CHANGE THE EFFECTIVE DATE OF HER SEPARATION FOR THE PURPOSE OF GRANTING SICK LEAVE AND MAKING PAYMENT THEREFOR. 27 COMP. GEN. 686, 688.