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B-190662 1 (1978-07-07)

handle is hein.gao/gaobadgej0001 and id is 1 raw text is: II a I 60 . ,0r. -A DECISION F.LF: 6-190662 THE COMPTRDLLEM GENERAL . . OF THE UNITED STATES ' WASHIN'TULN. D.C. 2054 DATE: July 7, 1978 MATTER OF: Hugh J. Daly - Annual Leave Used in Lieu of Sick Leave - Restoration Denied DIGELT: Employee was injured on tie job Octobe 3, 1974. He used 200 hours of annual leave in 1i-t of sick leave to avoid forfeiture r end of 1974 leave year. Employee never returned to duty after injury and retired on disability A-'ril 22, 1976. Request for restoration of sick leave is denied, there being no loss of leave. Captain W. H. Morse, U.S. Air Force Accounting and Finance Officer, Crand rurks Air Force Base, North Dakota, seeks an advance decision as to whether 200 hours of annual leave used by Hugh J. Daly while an employee of the Department of the Air Force may be reitored under Pub. L. No. 93-181, 5 U.S.C. 6304(J) (Supp. V, 1975). According to the data submitted, Mr. Daly uns injured on the Job October 3, 1974. fie iac not returned to duty since the injury. ie elected to use sick leave in lieu of being placed in a nonpay starus to claim compensation under Office of Workerb' Comtuonsation Program (OWCP). When he was advised of his use-or-lose status, Ie elected to take annual leave between November 25 and Decembvr 31, 1974, and resImed sick leave January 2 through January 10, 1975. On January 11, 1975, Hr. Daly elected to claim OWCP benefits anti entered into a nonpay status. He used 200 licurs of annual leave in lieu of sick leave to avoid forfeiture at the end of the 1974 leave year. The record does not show that Mr. Daly's annual leave was scheduled in advance although the agency states he normally took annual leave during the latter part of each year. On February 26, 1976, Mr. Daly sought restoration of the 200 hours and requested that sick leave be substituted for the time on the thesis that the statutory changes brought about by Pub. L. No.93-181 made it unnecessary for him to use or lose annual leave under the circumstanr.c3 of his case. It is stated that 1r. Daly retired on disability offective April 22, 1976. The agLncy reports he had 336 hours of unused sick leave at that time which was reported !o the Civil Service Commission. The record before us is not clear as to whtther Mr. Daly is still receiving OWCP benefits or civil service annity. 60 I I I I I

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