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B-230644 1 (1988-08-08)

handle is hein.gao/gaobadndw0001 and id is 1 raw text is: iLZ ~The Comptroller General of the United States Washington, D.C. 20548 Decision Marion R. Clark - Retroactive Substitution of Sick Matterof. Leave for Leave Without Pay File: B-230644 Date: August 8, 1988 DIGEST After separation from his employment with the government, a former employee seeks to have a portion of his period of leave without pay (LWOP) converted to sick leave because he was not previously informed that sick leave might be available to him while he held outside employment. We hold that sick leave may not be substituted retroactively after separation in the absence of a bona fide error or violation of a regulation governing the empoye-'s separation. DECISION This decision is in response to a request by Mr. Charles R. Coffee, Acting Chief, Accounting and Finance Division, Office of the Comptroller, Defense Logistics Agency (DLA), for an advance decision concerning substitution of sick leave for leave without pay (LWOP) for Mr. Marion R. Clark, a former employee of DLA in Memphis, Tennessee. For the reasons that follow, we hold that substitution of the sick leave for Mr. Clark is not authorized. BACKGROUND Mr. Clark was on sick leave from November 1985 until May 1986 due to hypertension from job stress. In May 1986, Mr. Clark secured employment with a private sector computer firm. Therefore, he requested LWOP effective May 12, 1986, while he pursued an application with the Office of Personnel Management (OPM) for disability retirement. His request for disability retirement was unsuccessful, and the agency proposed his separation on grounds of disability on September 11, 1986. He did not reply to the proposed separation, and he was separated effective November 14, 1986. Subsequently, he received $35,261.63 in severance pay payments.

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