B-154706, JUL. 22, 1964

B-154706, JUL. 22, 1964

TO MR. VICTOR H. BARR:

YOUR LETTER OF JULY 4, 1964, REFERS FURTHER TO YOUR CLAIM FOR COMPENSATION COVERING 2 DAYS, JUNE 11 AND 12, 1963, ON WHICH YOU WERE PLACED IN A LEAVE WITHOUT PAY STATUS DURING YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE NAVY.

YOUR INITIAL CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 25, 1964, ON THE BASIS OF A REPORT FROM THE DEPARTMENT OF THE NAVY THAT YOU WERE NOT IN A DUTY STATUS ON JUNE 11 AND 12, 1963, AND THAT YOU HAD NO LEAVE TO YOUR CREDIT AT THE TIME. THE DEPARTMENT SUBSEQUENTLY INFORMED US THAT AS A MATTER OF FACT YOU ACTUALLY HAD IN YOUR LEAVE ACCOUNT CREDITS OF 16 HOURS ANNUAL AND 4 HOURS SICK LEAVE WHICH WOULD HAVE PERMITTED YOUR BEING CARRIED IN A PAY STATUS ON THOSE 2 DAYS. YOU WERE SO ADVISED BY OUR CLAIMS DIVISION LETTER OF MAY 26, 1964. FURTHER, YOU WERE INFORMED THAT YOU LATER WERE CREDITED WITH THE LEAVE REFERRED TO BY AUTHORIZED ABSENCE ON SICK LEAVE WITH PAY, AND BY THE LUMP-SUM PAYMENT ALLOWED YOU FOR ANNUAL LEAVE UPON YOUR SEPARATION BY RETIREMENT.

WE HAVE AUDITED YOUR LEAVE ACCOUNT AND FOUND THAT YOU WERE SUBSEQUENTLY PAID FOR THE LEAVE IN QUESTION. YOU NOW EXPRESS THE VIEW THAT YOU SHOULD HAVE BEEN CARRIED IN A DUTY STATUS ON JUNE 11 AND 12, AND SHOULD NOT HAVE BEEN CHARGED WITH LEAVE OF ANY TYPE.

THE RECORD SHOWS THAT ON JUNE 11, 1963, YOU REPORTED FOR DUTY AFTER AN EXTENDED ILLNESS. IN SUCH SITUATIONS NAVY CIVILIAN PERSONNEL INSTRUCTION 792.3-5 REQUIRES THAT AN EMPLOYEE OBTAIN FROM THE MEDICAL FACILITY OF THE INSTALLATION A CLEARANCE BEFORE HE IS PERMITTED TO RESUME DUTY. NAVY CIVILIAN PERSONNEL INSTRUCTION 630.9-5J (4) PROVIDES, IN THAT REGARD, THAT THE TIME REQUIRED IN OBTAINING THE MEDICAL CLEARANCE FOR RETURN TO DUTY SHALL BE EXCUSED. THE REGULATION PROVIDES FURTHER, HOWEVER, THAT IF THE EMPLOYEE IS NOT CLEARED FOR RETURN TO DUTY HIS ABSENCE, INCLUDING THE TIME SPENT AT THE MEDICAL FACILITY, SHALL BE CHARGED TO LEAVE.

IT IS UNDERSTOOD THAT YOUR MEDICAL CLEARANCE WAS DELAYED UNTIL JUNE 13, BECAUSE OF THE ABSENCE OF ADEQUATE MEDICAL DOCUMENTATION REQUIRED FROM YOUR PERSONAL PHYSICIAN. THE ADMINISTRATIVE DETERMINATION REGARDING YOUR MEDICAL CLEARANCE PATENTLY IS ONE OVER WHICH WE WOULD HAVE NO JURISDICTION AND SINCE YOU WERE NOT CLEARED FOR RETURN TO DUTY UNTIL JUNE 13, YOUR ABSENCES ON JUNE 11 AND 12 NECESSARILY WERE CHARGED TO LEAVE UNDER THE CONTROLLING REGULATION. HOWEVER, IN THE LIGHT OF SUBSEQUENTLY DISCOVERED FACTS IT IS CLEAR THAT YOU COULD HAVE BEEN PLACED IN A LEAVE WITH PAY STATUS ON THOSE DAYS INSTEAD OF LEAVE WITHOUT PAY.

WE POINT OUT, HOWEVER, ANY ADJUSTMENT NOW TO SHOW YOU AS HAVING BEEN CARRIED IN A LEAVE WITH PAY STATUS ON JUNE 11 AND 12, 1963, WOULD OPERATE TO YOUR FINANCIAL DISADVANTAGE. THE 102 HOURS OF ANNUAL LEAVE TO YOUR CREDIT ON THE DATE OF YOUR SEPARATION PROPERLY WERE COMPUTED TO CARRY YOU IN A PAY STATUS FROM DECEMBER 9 THROUGH 6 HOURS ON DECEMBER 26, 1963. THUS, YOU WERE PAID FOR DECEMBER 25, AS A HOLIDAY WITHOUT A CHARGE TO LEAVE. IF THE 4 HOURS OF SICK LEAVE AND 12 HOURS OF THE ANNUAL LEAVE TO YOUR CREDIT ON JUNE 11 WERE APPLIED TO THE ABSENCES ON THAT DAY AND JUNE 12, THE ANNUAL LEAVE TO YOUR CREDIT ON THE DATE OF YOUR SEPARATION WOULD BE REDUCED TO 90 HOURS. THAT AMOUNT OF ANNUAL LEAVE WOULD HAVE CARRIED YOU IN A PAY STATUS ONLY THROUGH 2 HOURS ON DECEMBER 24, 1963, AND THUS YOU WOULD LOSE THE ENTITLEMENT TO HOLIDAY PAY FOR DECEMBER 25, 1963, WHICH IS NOT CHARGEABLE TO LEAVE.

IN THE CIRCUMSTANCES, WE BELIEVE YOU WILL AGREE THAT OUR OFFICE SETTLEMENT AS MODIFIED BY OFFICE LETTER OF MAY 26, 1964, IS PROPER AND SHOULD NOT BE DISTURBED.