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FILE: B-195042 / DATE: August 6, 1979
MATTER OF: W Stuart -Approval of Sick Leav
Employee, who was present at delivery of his
child in accordance with Lamaze method of
prepared childbirth, claims sick leave should
be substituted for annual leave granted by
agency. Sick leave is appropriate only when
circumstances specifically meet the criteria
contained in the regulations. Employee's claim
for substitution of sick leave for annual leave
is disallowed since he did not undergo medical
treatment and he was not incapacitated for duty
as required by regulations. See 5 C.F.R.
§ 630.401.
- Is an employee entitled to sick leave when he is absent from
duty to be present with his wife during labor and delivery under
the Lamaze method of prepared childbirth?
Counsel for the National Treasury Employees Unin (NTEU) C06o7f
has requested a decision on behalf of Mr. William Stuart, an D4
employee of the Internal Revenue Servic's (jRS)Brookhaven )&-G O
Service Center, foltsvfl, 'w York. Mr. Stuart claims that he
should have been granted sick leave by IRS rather than annual
leave under the circumstances stated below.
Mr. Stuart requested sick leave in advance on March 23,
1979, pursuant to Civil Service Commission (now Office of Person- Dlcgi
nel Management) regulations in title 5 of the Code of Federal
Regulations, section 630.402 (1978). The request stated that his
wife was expecting a child and that they would be using the
lamaze method of prepared childbirth, in which the husband takes
an active part in the birth process acting as a coach to the
mother. Since his presence was required during labor and
delivery, he requested sick leave for that period. The request
was supported by a doctor's certificate which stated that
Mr. Stuart will coach [his wife] through labor and delivery and
[he] must be present for the entire process.
Mr. Stuart's request for advance approval of sick leave was
denied by the IRS' Brookhaven Service Center on the ground that
\C 05
0 THE COMPTROLLER GENERAL
DECISION . OF THE UNITED STATES
:p WASHINGTON, D. C. 20548
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