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B-193709 1 (1979-11-28)

handle is hein.gao/gaobadhtp0001 and id is 1 raw text is: DEC13:0N FILE: MATTER DIGEST: B-19 OF: THE COMPTROLLER GENERAL OF THE UNITED STATES o WASHINGTON, D.C. 20548 rATr: November 28 1Q79 A- 1 V-ta m oEmployees Receiving Premium P -Absences on Holidays 1. Veterans Administration employee receiving standby premium pay under 5 U.S. C. § 5545(c)(1) was excused from performing his regular duties at the Medical Center on holidays within his regular tour of duty, but was required instead to remain at his residence in a standby status. Requirement that he standby at home was proper exercise of VA's dis- cretion under 56 Comp. Gen. 551 (1977) to determine extent to which employee's services are needed on holidays. However, since employee was not relieved from duty on those holidays, he should not have been charged leave while in a standby status. 2. Veterans Administration employees whose leave accounts were not recredited with leave charged for absences on holidays pursuant to 54 Comp. Gen. 662 (1975) prior to the date that decision was over- ruled by 56 Comp. Gen. 551 (1977) are not entitled to recredit of the leave charged. The determination in 56 Comp. Gen. 551 to forego collection action for lump-sum payments made for leave recredited and not to require correction of leave records for leave recredited pursuant to 54 Comp. Gen. 662 did not validate all claims that arose or were pre- sented for payment between the. dates of the two decisions. See 58 Comp. Gen. 345 (1979). This decision involves requests for recrediting of annual leave submitted by five employees of the Veterans Administration (VA) Medical Center, Martinez, California, and a similar request received from Curtis P. Curry, an employee of the VA Medical Center, Bonham, Texas. The five Martinez Medical Center employees are Obdulio Eutler, Olivia Gill, Dorothy M. Hicks, Dover Price and Linda Talken. They have appealed from our Claims Division's settlements dated September 21, 1978, denying their requests for recrediting of leave. Although Mr. Curry's request for restor- ation of leave has not previously been considered by this Office, the VA has cited the September 1978 settlements in the other five -7WJ C C V W111T

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