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B-193559 1 (1981-05-05)

handle is hein.gao/gaobabjci0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 91'/ WASHINGTON D.C. 20548 B-193559 may 5, 1981 The Honorable Jesse Helms o be United States Senate !Wan Dear Senator Helms: We refer further to your Submission on behalf of y constituent, Mr. William Odell Garrison, concerning histliaim for th-e recredit of involuntary sick and annual leave charged to him during the period August 30 through November 7, 1976. In our decision 2-193559, April 27, 1979, this Office determined that Mr. Garrison was not entitled to the recredit of leave since an agency may place an employee on involuntary leave when competent medical evidence indicates that he is incapacitated for the performance of his assigned duties. The fact's in this matter are fully set out in our determination of April 27, 1979, and were briefly restated in B-193559, July 17, 1980, which denied a request that the decision of April 27, 1979, be reconsidered and reversed. In brief, the administrative report shows that the personnel working in the paint shop at the Naval Air Rework Facility, Marine Corps Air Station, Cherry Point, North Carolina, were required to wear safety goggles. An agency medical evaluation of August 26, 1976, concluded that Mr. Garrison was not physically qualified to safely perform his duties because of his eyesight until he received the appropriate prescription safety glasses. The agency advised that since there was no suitable vacancy in the Production Department to which Mr. Garrison could be assigned, he was placed on sick leave beginning August 30, 1976. The agency report states that on November 8, 1976, he was returned to duty and detailed to the position of preservation packager pending receipt of new prescription safety glasses which the agency had ordered. He was returned to his position as a painter on December 9, 1976, after receipt of the prescription safety glasses. We have long held that an employee may be involuntarily placed on sick leave when the cognizant administrative offi- cials determine, based upon competent medical evidence, that the employee is incapacitated for the performance of his assigned duties and that the involuntary leave, under 6 k,3 P

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