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B-184307 1 (1975-10-21)

handle is hein.gao/gaobadcue0001 and id is 1 raw text is: O THE COMPTRO--ER GENERAL OFC. OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: '-DATE: OCT 211975 O 7 Fo 8 MATTE- -184307 LQl f MATTER OF: 0~r1o Phoebe N. Nelson-Conversion of annual Leave to sick Leave DIGEST: Employee entitled to sick leave specifically requested that 142 hours of time be charged to annual leave. Since employee actually used the 142 hours rather than forfeiting it due to the limitation on carry-over of annual leave, she is not entitled to restoration of such leave under Pub. L. 93-181. This decision is in response to a request by the United States Commission on Civil Rights to determine the effect of Public Law 93-181 of December 14, 1973 (5 U.S.C. 1 6304) on the following fact situation. In 1973, Mrs. Phoebe N. Nelson, an employee of the Commission for 14 years, suffered from a heart condition which necessitated long absences from her work. On November 30. 1973, knowing that she would not return to work before the end of the calendar year on a ice of her doctor, and knowing that she had 142 hours over and move the maximum permissible carry-over of 240 hours, Mrs. Nelson requested that 142 hours of annual leave be substituted for sick leave during December 1973. The remainder 6f the month was charged against her sick leave. Upon learning of the passage of Public Law 93-181, Mrs. Nelson in January 1974 requested that the 142 hours of annual leave be converted to sick leave. In February 1974 her request was granted by the appropriate administrative officials of the Commission. When Mrs. Nelson retired on December 31, 1974, she received a lump sum payment for accumulated annual leave which did not how- ever, include the above-mentioned 142 hours. The determination that Mrs. Nelson is not entitled to copensation for the 142 hours was made by Commission finance officers relying on General Accounting Office decisions made prior to the passage of the 1973 law. B-164346, June 10, 1968; B-142571, April 20, 1960, The decisions cited by the agency hold that sick leave may not be substituted for annual leave granted specifically at the employee's request. 5 U.S.C. I 6304(a) provides that annual leave accumulated in preceding years by an employee may not total more than 30 days at

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