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B-218666 1 (1986-04-29)

handle is hein.gao/gaobadmhm0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL OKCISION OP THE UNITEO STATES ~314'WASHINGTON. 0. C. 20548 FILE: B-218666 DATE: April 29, 1986 MATTER OF: Paul C. Smith - Claim for Recredit of Involuntary Sick Leave DIGEST: 1. Former air traffic controller was placed on involuntary sick leave pending his placement into second career training program and eventual retirement on disability. The employee is entitled to restoration of the involuntary sick leave since the determination to place him on sick leave was not based on competent medical evidence, and was contrary to agency procedures. 2. Former air traffic controller seeks to change his separation date in order to exhaust 159 hours of restored sick leave. The agency, in accordance with its own regulations concerning the use of sick leave prior to retirement, is required to adjust the employee's separation date to permit use of this restored leave. ISSUES The issues in this decision involve an employee's claim for recredit of involuntary sick leave, and his claim for use of that recredited sick leave prior to his retirement for reasons of disability. We hold that the involuntary sick leave must be restored since the agency's determination to place the employee on involuntary sick leave was contrary to agency regulations and was not supported by competent medical evidence. In addition, we hold that the agency is required to follow its own regulations to allow the employee to exhaust his sick leave account prior to his separation date. BACKGROUND This decision is in response to the claim of Mr. Paul C. Smith, a former air traffic controller employed with the Federal Aviation Administration (FAA) at the Knoxville Airport Traffic Control Tower.

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