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B-209652 1 (1983-08-12)

handle is hein.gao/gaobadlgk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION * * OF THE UNITED STATES WASHINGTON. 0. C. 20548 1~ FILE: B-209652 DATE: August 12, 1983 MATTER OF: Gladys W. Sutton - Administrative Leave in Lieu of Leave Without Pay DIGEST: I 1. Employee chose not to work while her dis- continued service retirement papers were being processed, even though she knew that a planned transfer of function had been postponed and that there was doubt as to her eligibility to retire. After 5 weeks, she returned to work and was placed on leave without pay (LWOP) for the 5-week period. Her request that the LWOP be changed to administrative leave is denied since there is no authority for granting administrative leave for such purpose or for such extended period. 2. Employee chose not to work while her discontinued service retirement papers were being processed, even though she knew that a planned transfer of function had been postponed and that there was doubt as to her eligibility to retire. After 5 weeks off duty, she returned to work and was placed on LWOP for the 5-week period. She is not entitled to backpay for the 5 weeks she did not work under the Back Pay Act, 5 U.S.C. S 5596, since there was no unjustified or unwarranted personnel action by the agency. The issue presented is whether an employee who was placed on leave without pay (LWOP) for an extended period of time in order to preserve her eligibility for a discontinued service retirement may have administrative leave substituted for the period of LWOP. We hold that she may not be retro- actively placed on administrative leave in lieu of LWOP since there is no authority for an agency to grant admin- istrative leave for such a purpose or for such an extended period of time. This decision is in response to a request. from Mr. David C. Zeigler, Director of Administrative Programs for the Department of Labor's Occupational Safety and Health 3Th3~i1

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