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B-182005 1 (1975-02-18)

handle is hein.gao/gaobadcew0001 and id is 1 raw text is: 44 DECISION FILE: B-182005 .THE COMPTROLLER GENERAL OF THE UNITED BTATES WASHINGTON, D.C. 20548 DATE: FEB 18 1975 MATTER OF: Jacob B. Lishchiner - Recredit of accrued sick leave DIGEST: Although substitute teachers in District of Columbia do not earn sick leave under D.C. Teachers' Leave Act of 1949 or Annual and Sick Leave Act of 1951, service as substitute in D.C. is service for purpose of leave regulations which provided during period in question that sick leave could be recredited after separation from service of less than 52 continuous calendar weeks. Former substitute reemployed by HEW is, therefore, entitled to recredit of sick leave earned prior to substitute teaching, but amount for recredit is limited by Sick Leave Act of 1936 which, until 1952, limited accrued sick leave to 90-day maximum. This action is in response to a letter dated July 18, 1974, from a finance and accounting officer in the Department of the Army (forwarded to our Office as an enclosure in letter of August 5, 1974, from the Acting Executive Officer of the Office of the Comptroller, Department of the Army), requesting an ad- vance decision concerning the propriety of retroactively recrediting Mr. Jacob B. Lishchiner, presently a civilian Army employee, with accrued sick leave and sick leave allegedly earned while he was serving as a substitute teacher in the District of Columbia. From October 13, 1941, when he accepted an appointment in the United States Treasury Department, until December 26, 1952, when he left his position with the United States Air Force, Mr. Lishchiner was, except for a period from October 22, 1945, to July 29, 1946, a full-time employee of the Federal Government, allegedly accruing 875 hours of sick leave. Mr. Lishchiner then served as a substitute teacher in the District of Columbia from October 12, 1953, to January 23, 1955, and is now claiming that he accrued an additional 80 hours of sick leave during this period. (Hr. Lishchiner also was temporarily employed by the United States Post Office during part of the period from December 7, 1953, to January 10, 1954.) On January 24, 1955, he was hired by the Department of Health, Education, and Welfare (HEW) and was subsequently transferred without a break in service to a position with the Army at Picatinny Arsenal where he is presently employed. PUBLISHED DECISION S54 Comp. Gen .. .... -

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