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B-194576 1 (1980-01-10)

handle is hein.gao/gaobadhwg0001 and id is 1 raw text is: o eTHE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES Z WASHINGTON. 0.C. 20548 UNITE FILE: B-194576 DATE: January 10, 1980 MATTER OF: Ricardo S. Morado -LExcused Absence DIGEST: Employee informally learned that his agency had completed termination action and was going to sep- arate him for cause on March 10, 1979. His super- visor authorized him to leave work on March 5, 1979. The separation date was later changed to March 16, but employee did not return to work. He may be compensated for period March 5 through 10, 1979, because he was authorized to leave pending separation with understanding that his absence was excused. However, he may not be compensated for period after March 10, 1979, since he had no reason to believe that he would be on rolls after that date. This decision responds to a request y R. J. White, a cer- tifying officer of the Comiunity Services Administraation (CSA), dCo:9(77 concerning its authority to grant 80 hours of administrative leave to an employee immediately prior to his removal from the service for cause. Pursuant to his authority under CSA Delega- tion of Authority Orders 77-6 and 77-7, the Regional Director has approved 80 hours of administrative leave for Mr. Ricardo S. Morada covering the period from March 5 through 16, 1979. The ertifying officer has withheld payment for the 80 hours pending our decision. For the reasons stated below, we hold that Mr. Morado may be compensated for 40 hours excused absence from March 5 through 10, 1979, but not for the additional 40 hours between March 10 and March 16, 1979. On March 2, 1979, incident to its prior termination pro- posal, the Regional Office of CSA received a copy of a final decision letter separating Mr. Morado for cause on March 10, 1979. Mr. Morado, on March 5 through informal channels, learned that he was to be terminated on March 10. He went to his immediate supervisor and, after a discussion, the super- visor authorized.him to leave work without specifying the type of leave to be charged. The Regional Director supports the supervisor's action and states that, if he had been notified on March 5, he would have

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