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B-192956 1 (1979-04-09)

handle is hein.gao/gaobadhcr0001 and id is 1 raw text is: _THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-192956 TE: April 9, 1979 MATTER OF: Jeff E. Titu - Involuntary Leave DIGEST: 1. Initial letter to VA employee putting employee on involuntary sick leave pending medical examina- tion is proper notice since it had been approved by Hospital Director before it was issued and set forth reasons for action pending medical exami- nation to determine his fitness for performing duties. 2. Initial administrative action to place VA hospital police officer on involuntary sick leave pending fitness- for-duty examination is justified where conduct of employee, after on-the-job injury, raises question concerning his ability to perform duties of position without disrupting hospital patients and personnel. Sick leave may not be restored since, after scheduled medical examina- tion, employee was found not fit to perform duties of position and VA Central Office concurred with such finding after thorough review of file. 3. Less than 7-week period for agency to make final determination sustaining initial action of placing employee on involuntary sick leave was not an unreasonable period of time where agency had to schedule various medical tests and examinations when initial tests were inconclusive, necessitating additional tests. Mr. Jeff E. Titus, through his attorney, requests reconsider- ation of his claim for restcration of leave for the period August 5 through September 25, 1977, during which time he was involun- tarily placed on sick leave by the Veterans Administration (VA) pending a determination of his fitness for duty. The claim was disallowed by our Claims Division on August 17, 1978. The basis of Mr. Titus' request for reconsideration is that the VA's action procedurally and substantively violated appropriate statutes and regulations. Also, Mr. Titus believes that even if the VA's initial action was proper, he should be credited with some portion of the sick leave because the VA took an unreasonable amount of time in making its final determination.

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