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Request for Restoration of Sick Leave

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Highlights

After a required physical examination, an employee was notified that his agency's medical officer had found him to be incapable of performing the duties of his position. He was placed on sick leave and carried on the agency's rolls in a leave status. He subsequently filed an application for disability retirement which was disallowed on the basis that the medical disorder did not render him totally disabled for useful and efficient service in his position. Thereafter, the employee was returned to active duty status. The employee filed an appeal alleging that the action taken placing him on sick leave was tantamount to suspension. He requested that his sick leave be recredited to his leave account. The agency denied the appeal on the basis that, since he was not ready, willing, and able to perform all of his assigned duties as of the date his agency first placed him on leave status until his application for disability retirement was disapproved, he was not entitled to have his sick leave recredited. There is no evidence that the employee contested his agency's evaluation of his physical condition or the determination to place him on sick leave. There is also no evidence to show that he attempted to return to work during the period in question. GAO could not conclude that the employee's placement on sick leave was involuntary or that he was ready, willing, and able to perform his duties. Therefore, his claim for restoration of sick leave may not be allowed.

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Shirley A. Jones
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