B-131792, JUN. 14, 1957

B-131792, JUN. 14, 1957

TO MR. LEROY P. AFDEM, AUTHORIZED CERTIFYING OFFICER, BUREAU OF FINANCE:

YOUR LETTER OF MAY 3, 1957, REFERENCE AEU:LPA, ASKS WHETHER THE BENEFICIARIES OF TWO DECEASED EMPLOYEES MAY BE PAID CERTAIN AMOUNTS REPRESENTING UNEARNED ANNUAL LEAVE AND ADVANCED SICK LEAVE UNDER THE PROVISIONS OF SECTION 30.206 OF THE CIVIL SERVICE REGULATIONS EVEN THOUGH IT IS KNOWN THE AMOUNTS WILL BE UNCOLLECTIBLE THEREUNDER. WITH YOUR REQUEST YOU SUBMIT PAYROLLS COVERING FINAL PAY FOR BOTH EMPLOYEES WHICH INCLUDE PAYMENT FOR THE UNEARNED ANNUAL LEAVE AND THE ADVANCED SICK LEAVE.

THE RECORD SHOWS THAT ON FEBRUARY 25 AND 26, 1957, ONE OF THE EMPLOYEES WAS GRANTED SICK LEAVE. THE NEXT DAY HE WAS GRANTED FOUR HOURS SICK LEAVE AND FOUR HOURS ANNUAL LEAVE, APPARENTLY BECAUSE HIS SICK LEAVE WAS EXHAUSTED. ON FEBRUARY 28 HE WAS GRANTED ANNUAL LEAVE, AND ON MARCH 1 HE WAS GRANTED FIVE HOURS ANNUAL LEAVE AND THREE HOURS LEAVE WITHOUT PAY BECAUSE ALL OF HIS ANNUAL LEAVE, INCLUDING CURRENT ANNUAL LEAVE FOR 1957, HAD BEEN USED. THE EMPLOYEE DIED ON MARCH 2, 1957. HAD HE LIVED HE WOULD HAVE BEEN PAID FOR 37 HOURS FOR THE PAY PERIOD ENDING MARCH 8, 1957, AS REPRESENTED BY THE PAYROLL, WHICH PAYMENT INCLUDES 17 HOURS UNEARNED ANNUAL LEAVE. THE RECORD ALSO SHOWS THAT THE OTHER EMPLOYEE HAD BEEN GRANTED 30 DAYS ADVANCED SICK LEAVE WHICH ENDED ON MARCH 21, 1957. SHE WAS GRANTED ANNUAL LEAVE FOR MARCH 22, 1957. ON MARCH 23, 1957, SHE DIED. HAD SHE LIVED PAYMENT WOULD HAVE BEEN MADE FOR 80 HOURS (72 HOURS ADVANCED SICK LEAVE AND EIGHT HOURS ANNUAL LEAVE), AS REPRESENTED BY THE OTHER PAYROLL.

YOU SAY THE ANNUAL LEAVE WAS GRANTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 203 (H) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 5 U.S.C. 2062, IN ADVANCE, AS AUTHORIZED BY THE LEAVE REGULATIONS OF THE DEPARTMENT. THE ADVANCE OF SICK LEAVE WAS AUTHORIZED UNDER THE PROVISIONS OF SECTION 204 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 5 U.S.C. 2063.

SECTION 30.206 OF THE ANNUAL AND SICK LEAVE REGULATIONS ISSUED BY THE CIVIL SERVICE COMMISSION, Z1-353 FEDERAL PERSONNEL MANUAL READS, IN PERTINENT PART, AS FOLLOWS:

"IN CASE OF THE SEPARATION OF AN EMPLOYEE WHO IS INDEBTED FOR UNEARNED LEAVE, THE EMPLOYEE SHALL REFUND THE AMOUNT PAID HIM FOR THE PERIOD OF SUCH EXCESS, OR DEDUCTION THEREFOR SHALL BE MADE FROM ANY SALARY DUE HIM. THIS SECTION SHALL NOT APPLY IN CASES OF DEATH, * * *.'

SINCE THE ADVANCE LEAVE INVOLVED IN THE TWO CASES SUBMITTED BY YOU WAS ADMINISTRATIVELY AUTHORIZED PAYMENT THEREFOR IS WARRANTED. AND BECAUSE SUCH LEAVE REPRESENTS UNEARNED LEAVE AT TIME OF DEATH OF EACH EMPLOYEE NO REFUND OR DEDUCTION THEREFOR IS TO BE MADE FROM THE SALARY DUE. SEE SECTION 30.206. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE AND THE PAYROLLS, WHICH ARE RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.