About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-190533 1 (1977-12-02)

handle is hein.gao/gaobadflv0001 and id is 1 raw text is: .~L Lin4 L TI-IC COMPTlCLLER 02N:FRA'. (ig~fiifl OPTMR UNMITED OTATES r WASHINGTON. D. C. 20548 FILE: B-190533 DATE: Deze;cber 2, 1977 MATTER OF: Francis Carr - U.S. Magistrate - Administrative Leave after Approval of Disability Retirement 01D3GS T: Unitad States Magistrate who did not earn annual or sick leave was separated upon approval of disnbility retirement on November 9, 1976. He seeks comnpensation from that date to and of 1976 calendar year, contending he should have been granted ad- ministracive leave with pay during that period. Claim must be denied because once employee's separation is effected, date may not he changed to restore him to rolls, except in situations not hare applicable, and there is no authority to grant administrative leavc with pay for extended period here involved. By letter dated October 20, 1977, Conrgressman Leon E. Panetta, requests our decision as to whether retlredi United States Magistrate Francis Carr of the United States District Court for the Northern District of California may be restored retroactively to the rolls, effective as of November 9, 1976, the date he was separated for disability retirement, and whether he may be granted administrative leave with pay from that dote to the end of the calendar year, December 31, 1976. A request for such action was denied by the Administrative Office of the United States Courts and an appeal was made to the Civil Service Commission. The Commission's General Counsel recommended thit the matter be referred to this Office. Magistrate Carr was removed from the rolls immediately upon receipt of the Commission's approval of his disability retirement. It is his view that he should have been retained on the rolls until thep rnd or the calendar year, a period of nearly 2 months, in some kind of leapr with pay status. The Administrative Office states that magistrates do not earn annral or sick leave under the pro- visions of subcbhpter I of chapter 63, citle 5, United States Code. The General Courhel. 6f the Commilssion states that the Commission has no jurisdic.ion in the matter. We can find ijo authorily for granting the magistrate's request. It has long been the established rule that ance an employee's separation is n. accomplished fact, The daze of aresration may not 2

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most