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B-192039 1 (1979-01-31)

handle is hein.gao/gaobadgwu0001 and id is 1 raw text is: o ~.THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, .C.aos54 FILE: B-192039 DATE: January 31, 1979 MATTER OF: Louis L. Carlson -Jetroactive substitution of sick leave for annual leave DIGEST: Employee who became ill on May 12, 1977, and did not return to work until September 6, 1977, may retroactively substitute 64 hours of annual leave for equivalent amount of sick leave. Annual leave had been scheduled for use in August prior to employee's illness and' employee made timely request for correction of leave records upon return after illness. More- over, case does not violate prohibition of substituting annual leave for sick leave pre- viously granted for sole purpose of avoiding year-end forfeiture. The Bureau of Land Management, Department of the Interior, requests ) decision as to whether its denial of substitution of 64 oursof annual leave for sick leave to Mr. Louis L. Carlson, an employee of the Bureau, during the period May 12, 1977, through September 5, 1977, was proper under the facts and circumstances hereinafter stated. The Bureau recommends that the requested con- version of annual leave for sick leave be allowed and states that it will approve the substitution providing that our Office finds such substitution permissible. The entire period of illness had been charged to sick leave, but the employee, shortly after re- turning to work requested that 64 hours of annual leave be sub- stituted for an equivalent amount of sick leave. The record indicates that Mr. Carlson suffered a heart attack which would necessitate his absence for an unpredictable duration. The office at his duty station, Anchorage, Alaska, placed him in a sick leave status on May 12, 1977, and that status continued through the time that Mr. Carlson's annual vacation had been scheduled in August. Mr. Carlson had scheduled two weeks of annual leave for August 1977, before entering onto extended sick leave. During medical treatment in August, it was decided that a rest (vacation) would be advisable before returning to work. This rest period coincided with the originally planned vacation period. It is administratively reported that Mr. Carlson's state of mind during the period was such that he did not think about his leave status. He returned to duty on a one-half day basis beginning September 6, 1977, resuming work on a full time basis on September 12, 1977. It is reported that during the pay period immediately

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