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LEAVES OF ABSENCE - ANNUAL - SUBSTITUTION FOR SICK LEAVE TO AVOID FORFEITURE THERE IS NO AUTHORITY UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951. 1952: REFERENCE IS MADE TO LETTER DATED MARCH 18. THE PRACTICE IS STATED TO BE AS FOLLOWS: AT THE REQUEST OF THE EMPLOYEE ABSENCES WHICH WERE DUE TO SICKNESS AND HAD BEEN CHARGED ON THE RECORDS AS SICK LEAVE HAVE BEEN CHANGED TO ANNUAL LEAVE WHICH WAS TO BE FORFEITED AT THE END OF THE CALENDAR YEAR. AN EMPLOYEE HAS FIVE DAYS OF ANNUAL LEAVE WHICH WILL BE FORFEITED. AT THAT POINT HE IS PERMITTED TO CHANGE FIVE DAYS OF SICK LEAVE AND CHARGE THE ABSENCE TO ANNUAL LEAVE. WHEN PROPERLY APPROVED BY THE ADMINISTRATIVE OFFICE CONCERNED AN EMPLOYEE IS ENTITLED TO USE ANNUAL LEAVE ACCRUED TO HIS CREDIT TO COVER ABSENCES FROM DUTY FOR ANY REASON.

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B-108632, APRIL 18, 1952, 31 COMP. GEN. 524

LEAVES OF ABSENCE - ANNUAL - SUBSTITUTION FOR SICK LEAVE TO AVOID FORFEITURE THERE IS NO AUTHORITY UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, OR REGULATIONS ISSUED PURSUANT THERETO, TO SUBSTITUTE ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT FOR SICK LEAVE PREVIOUSLY GRANTED, FOR THE SOLE PURPOSE OF AVOIDING A FORFEITURE OF ANNUAL LEAVE AT THE END OF A CALENDAR YEAR.

ACTING COMPTROLLER GENERAL YATES TO THE ACTING ATTORNEY GENERAL, APRIL 18, 1952:

REFERENCE IS MADE TO LETTER DATED MARCH 18, 1952, FROM THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL REQUESTING A DECISION AS TO THE PROPRIETY OF CONTINUING A PRACTICE NOW BEING FOLLOWED IN THE DEPARTMENT OF JUSTICE WITH RESPECT TO CHARGES AGAINST LEAVE. THE PRACTICE IS STATED TO BE AS FOLLOWS:

AT THE REQUEST OF THE EMPLOYEE ABSENCES WHICH WERE DUE TO SICKNESS AND HAD BEEN CHARGED ON THE RECORDS AS SICK LEAVE HAVE BEEN CHANGED TO ANNUAL LEAVE WHICH WAS TO BE FORFEITED AT THE END OF THE CALENDAR YEAR. AS AN EXAMPLE, AT THE END OF THE CALENDAR OR LEAVE YEAR, AN EMPLOYEE HAS FIVE DAYS OF ANNUAL LEAVE WHICH WILL BE FORFEITED. AT THAT POINT HE IS PERMITTED TO CHANGE FIVE DAYS OF SICK LEAVE AND CHARGE THE ABSENCE TO ANNUAL LEAVE.

WHEN PROPERLY APPROVED BY THE ADMINISTRATIVE OFFICE CONCERNED AN EMPLOYEE IS ENTITLED TO USE ANNUAL LEAVE ACCRUED TO HIS CREDIT TO COVER ABSENCES FROM DUTY FOR ANY REASON, OR SUBJECT TO ADMINISTRATIVE APPROVAL HE HAS THE RIGHT TO HAVE ANY ABSENCE BECAUSE OF ILLNESS CHARGED TO HIS ACCRUED SICK LEAVE. HOWEVER, WHILE THE SUBSTITUTION OF ANNUAL LEAVE FOR SICK LEAVE PREVIOUSLY GRANTED OR VICE VERSA HAS BEEN AUTHORIZED UNDER CERTAIN CIRCUMSTANCES, A SUBSTITUTION FOR THE SOLE PURPOSE OF AVOIDING A FORFEITURE OF LEAVE AT THE END OF THE CALENDAR YEAR DOES NOT APPEAR TO HAVE BEEN CONTEMPLATED BY THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, OR THE REGULATIONS ISSUED THEREUNDER. ACCORDINGLY, IN THE ABSENCE OF ANY PROVISION OF LAW OR REGULATION AUTHORIZING THE PRACTICE REFERRED TO IN YOUR LETTER, IT MAY NOT BE APPROVED BY THIS OFFICE.

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