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B-206515 1 (1982-04-23)

handle is hein.gao/gaobadkgg0001 and id is 1 raw text is: ft £ DECIBION B-20651.5 MATTER OF; 1iCEST: /9 James Isaak - Terminal Leave - Accrual Sick and Annual Leave An employee en sict leave at the time his disability retirement was approvod should be afforded the opportunity to select a separation date which is most adv ,ncageous to him tn accordance with Office of Personnel Management regula- ticns, He is also entitled to be credited with sick and annual leave accrued while on sic% leave prior to his separation date, Section 402 of Pub. L, No, 96-499 does not affect an employee's right to holiday pay before his separation date. The issujes c.onsidered are whether an employee may continue on leave with pay after his disability retirement application has been approved and whether he accrues sic% and annual leave during this period9 Also, we are asked to decide whether such an em- ployee is entitled to receive credit for holidays falling within the leave with pay period in view of section 402 of Pub, L. No, 9C-499, 94 Stat, 2605, December 5, 1980, which eliminates payment for holi- days that occur after an employee separates but within the period covered by the employee's lump-sum leave payment. For the reasons stated below, we hold that an employee, whose disability retirement application has been approved by the office of Personnel Management, is entitled to (1) remain on sick leave with pay in accordance with (JPM regulations; (2) to continue to accrue annual and sick leave during such period: and (3) to receive pay for holidays during the name period. These questions were presented in a letter of February 17, 1982, from the Chief, Payroll Branch, Bonneville Power Administration, Department of Energy, Portland, Oregon. The employee in question is Mr. James Isaak. Mr. Isaak suffered a heart attack on July 29, 1981, and has been on sick leave, 171 1'~'~*~ . ~ Ic* '-r ~ ~ ''44 f 1~ FILEs of F T- rcV!!1tdtta oE t R IVIENERAL, OF TH UNITIID *TATES WASHINGTON* 0, C-- Q0540 DATE: April 23, 1982

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