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B-195687(RJH) 1 (1979-08-29)

handle is hein.gao/gaobactzg0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICEt WASHINGTON, DC, 20548 OPme or .GENERALCOUNSEL 'o; B-195687 (RJU) August 29, 1979 Patrick F. Smith, AssistarioCounsel National Treasury Employaes I toavoo 1730 K Street, NW., Suite 1101 b WashIngton, D.C. 20006 o Dear Ilr. Smith: We refer to your latter of July 31, 1979, on behalf of Mr. Robyirt Dawson, an employee of the Internal Pevenue Service, Des Hotntds District, You state that Mr. Dawson was forced to pay for medical certificates substantiating visits to his doctor, and . that such action constitutes an unwarranted personnel action. Therefore, y6u request that Mr, Dawson be reimbursed the montes he was required to expend in accordance with the provisions of 5 U.SC. 5 5596 (1976). The following Information is provided in lieu of a formal decision at this time. Civil Service Commission (CSC) regulations (now Office of Personnel Kana\ ement) require that nn agency may grant sick leave only when supported by administratively acceptable evidence. In addition, an agency may require a medical certificate for an absence of more than 3 wurkdays, or for a lesser perIod when it is determined to be necessary. Thus, thib requirement is entirely discretionary wikh the agency. 5 C.F.R. § 630.403 (1978). You base your claim on behalf of Mr. Dawson on the Back Pay AMt, 5 U.s.C. § 55'96, Regulations promulgated by the CSC in title 5, Code of Federal Regulations, define an unjustified or unwarranted personnel action a.: II * * anact of commission (i.e., on action taken under authority granted to an authorized official) or of omission (i.e,, nonexercise of proper authority by an authorized official) which it is subsequently determined violated or improperly applind the requirements of a non- discretionary provision, as defined herein,and thereby resulted in the withdrawal, reduction, or denial of all or any part of thepay. allowancs, I I I i

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