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B-182804 1 (1975-07-25)

handle is hein.gao/gaobadcld0001 and id is 1 raw text is: SLER0 THE COMPTROLLER GENERAL DEC2ISION OF THE UNITED STATES WASHINGTON, D.C. 20548 LN E FILE: DATE: JUN 251979 3*182804 MATTER OF: Bagene W. Whitwa Change of annual leave to sick leave * retroactive DIGEST: Baployee entitled to use sick leave specifically requested that such time be charged to annual leave. After annual leave is granted, employee may not thereafter have such leave charged to sick leave and be recredited with the amount of annual leave previously charged for purposes of lamp-sum payment upon separation for retirement. The Federal Bureau of Investigation, Department of Justice, requests a decision as to whether absence which could have been charged to sick leave but was charged to annual leave at employee's request may there- after be chana.ed to sick leave with the annual leave included in a lump* sum payment upon separation for retirement. The agency states the circumstances to be as followas On July 1, 1974, Mr. Whitwam suffered injuries In an automobile accident which required his absence from duty on sick leave until August 5, 1974. Thereafter, through October 9, 1974, it was necessary for him to be absent due to his injuries at irregular intervals. At his request, certain of this sick leave was charged to annual leave although he had several hundred hours of accrued sick leave to his credit. Specifically, annual leave was used in lieu of sick leave on the following datess 4 hours on August 16, 1974 32 hours from August 20 through August 23, 1974 8 hours on October 1, 1974 8 hours on October 9, 1974 After making application for retirement, Mr. Whitwsa requested that the above 52 hours of annual leave which had been taken in lieu of sick leave be recharged to sick leave and such annual leave be 4ECISION

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