About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-207672 1 (1983-09-28)

handle is hein.gao/gaobadljb0001 and id is 1 raw text is: 90LLtA C.L THE COMPTROLLER GENrERAL DECISION •.- . OP THE UNITED UTATES C ~' WASHINGTON. D.C. 20548 ~J1~ FILE: B-207672 DATE: September 28, 1983 MATTER OF: Walter R. Boehmer, Jr. - Administrative Leave Granted During Extended Period of Disability DIGEST: Employee who sustained work-related injury was placed on administrative leave by the agency for a period of almost 4 months. The agency had no authority for granting the employee administrative leave for such an extended absence resulting from injury. Accordingly, the agency should rescind the administrative leave and charge sick and annual leave for the period in question. Since the employee's leave balances were sufficient to cover only a portion of his 4-month absence from work, the agency should retroactively place him on leave without pay for the remainder of that period. Michael J. Connolly, General Counsel of the Equal Employment Opportunity Commission (EEOC), requests our decision concerning reconstruction of the pay and leave accounts of Mr. Walter R. Boehmer, Jr., a former EEOC employee who was erroneously placed on extended administra- tive leave when he suffered a recurrence of a work-related injury. Since the agency had no authority to place the employee on administrative leave for an extended period, we hold that it should now rescind the leave it erroneously granted. In reconstructing Mr. Boehmer's pay and leave accounts, the agency should charge him the sick and annual leave he had accrued prior to his absence, and retroactively place him on leave without pay for the remainder of the period in question. Mr. Boehmer was employed by the EEOC under a temporary appointment, effective December 8, 1975. On December 15, 1976, he sustained an on-the-job injury. Shortly there- after, on December 20, 1976, he filed Form CAI and 2, Federal Employee's Notice of Injury or Occupational Disease, with EEOC's Personnel Office, in accordance with the procedures set forth in the Federal Personnel Manual (FPM) Chapter 810.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most