About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-183566 1 (1976-04-16)

handle is hein.gao/gaobaddph0001 and id is 1 raw text is: 


        THE  COMPTROLLER GENERAL
     I  OF  THE UNITED STATES
        WASHINGTON0   D. C. 20548
I T 1


FILE:  B-183566


DATE:   APR  I197C


MATTER   OF:  Henry G. Steele - Reinstatement After Removal -
              Illness During Interim - Annual Leave


Employee was reinstated November 5, 1973, after
improper removal on Marph 20, 1969. Agency may,
at his request, charge his annual leave account for
periods during the interim between removal and
reinstatement which otherwise would be charged to
sick leave.


   This decision is in response to a request by the Department
of the Army Finance and Accounting Officer at Fort Monmouth,
New Jersey, as to whether the Department may charge annual
leave which has been treated as forfeited for periods for which
sick leave has been charged during the interim between the
removal and reinstatement of Mr. Henry G. Steele as an em-
ployee of the Department.

   The facts as stated by the Department read as follows:

         Mr. Steele was reinstated to his job at
   Fort Monmouth,  New Jersey, on 5 November
   1973 after an improper removal on 20 March
   1969.  His annual leave account was settled
   to include annual leave which would have been
   forfeited for the leave year 1973 based on Public
   Ldw  93-181. Mr. Steele's sick leave account
   was charged for 672 hours for the time hospital-
   ized in Patterson Army Hospital during the
   periods 2 Aug 70 through 18 Sep 70 and 7 F eb
   72 through 17 Apr 72. Mr. Steele, in his affi-
   davit (ncl 2) stated that had he b een actively
   employed  during the periods he was hospitalized,
   he would have used his annual leave in lieu of sick
   leave.  The annual leave in ouestion, during leave
   years 1970 and 1972, has been forfeited. *  *

   Both Mr.  Steele and his representative, Mr. Joseph Meehan,
Attorney at Law, Long Branch, New Jersey, requested that action
on the request be suspended until the Congress could take action on
H. E. 7976. That bill was enacted as Pub. L. 94-172, December 23,
1975, 89 Stat. 1025, and provides for restoration of annual leave in


DIGEST:


7109  0.5 6,
,  qq

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most