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B-201773 1 (1981-03-04)

handle is hein.gao/gaobadjee0001 and id is 1 raw text is: CIit 4A~~4 OECISION FILE: B-201773 MATTER 0 DIGEST: TECOMPTROLLE2 0~A OF THE UNITED STATES WASHINGTON. 0 C. 20546 DATE: March 4, 1981 F: Patricia J. Brown -laims for Payment for Unused Sick Leave and Tort Damages 1. Unused sick leave may be credited towards service upon retirement or it may be recredited to employee if reem- ployed within 3 years from separation. However, there are no provisions which allow for a lump-sum payment for unused sick leave upon resignation. 2. Claim for damages sounding in tort arising out of employment with the Department of Agriculture falls within purview of Federal Tort Claims Act, 28 U.S.C. §§ 2671 et seq. (1976). Head of Federal agency concerned has exclusive jurisdiction to settle claims arising under this Act; therefore, claim is not for settlement by the General Accounting Office. This is in response to a request for reconsidera- tion of the denial by our Claims Group of a claim by Patricia J. Brown for payment of unused sick leave at the time of her resignation from the United States Department of Agriculture, Forest Service, in June 1975. Also, she appeals the Claims Group's denial of her claim for $20,000 for alleged pecuniary losses and emotional strain. Vs. Brown contends that she was ill for several months prior to resigning from the Forest Service as well as for many months after she left. She was unable to find employment after she left the Forest Service and had to spend in excess of $1,400 for individual coverage health insurance premiums. Up until the time she became ill, Ms. Brown states she was happy working for the Forest Service. Ms. Brown requests payment for the 164 hours of unused sick leave which she had at the time she resigned and $20,000 for pecuniary losses and emotional strain.

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