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B-191076 1 (1978-06-12)

handle is hein.gao/gaobadgcr0001 and id is 1 raw text is: 1 $7 DECISION ,,~ '4 ~ p -~~' - C~fl1'fl *I N I ~I~O THU COMPTROLLER DENERAL OF THU UNITED STATES WABfrINGTON, D. C. UCJ548 FILE: B-191076 MATTER OF: DIGEST: DATE: June 12, 19T3 Interstate Comerce Commission - Retroactive Substitution of Sick Leave for Annual Leave Employee entitled to use sick leave apecifically requcsted that such time be charged to annual leave. Family's timely request subsequent to employee's death that sick leave be substitute- for annual leave may in agency's eiscretion, be allowed and be basis for agency to pay additional lump-sum leave payment to survivor. The Chairman of the Interstate Commerce Commission has requested a decision as to whether an absence, which could have been charged to sick leave but was charged to annual leave at the employee's request, may after the employee's death be charged to sick leave with the recredited annual leave included in a lump-sum leeve pay- ment to the survivor of the deceased employee. The Chairman states the circumstances as follows: An employee of this Comcrission requested an- nual leave, which was'approved for the period, November 7-18. He signed the time and attendance cards before commencing the leave. He conunitted himself to a hospital on November 7, for psychiatric care and was discharged shortly before his death. He did not wish it to be kaown he was seeking prufessional care and did not inforn anyone at the Comimission that he was going to the hospital. His hcspitalization was learned only after his death, when we were informed by a member of his family. The family 'then requested that his annual leave be recredited and his absence be charge to sick leave. This request initially was denied by the Commission as the employee had requested the annual leave purposely. Further, it is administratively reported that the employee was on duty immediately prior: to the period of leave in question, and that he returned to duty on November 21, 1977, was on sick leave on November 25 and returned to duty on November 28 until his death on November 29, 1977. In 31 Comp. Gen. 524 (1952), it was recognized that absence due to illness may be charged to accrued annual leave if timely I I I

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