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B-183178 1 (1975-07-22)

handle is hein.gao/gaobadcli0001 and id is 1 raw text is: T1 !E COMPTROLLER GENERAL DECISION W( !7 OF THE UNITED STATES WASHINGTON, D.C. 20548 15-0 31 q -7 3Y2 FILE: DATE: JUL 2 2 1975 5*183178 MATTER OF: Mr. Albert R. Martin-*Denial of Sick Leave- Optional Retirement DIG EST: Employee who Is optionally retired may not be restored to the payroll in order to be granted accumulated sick leave at the time of retirement since there is no au- thority for restoring an employee to the rolls of his former agency for the purpose of granting such leave unless there was a bona fide error or a violation of a valid regulation in effecting the separation. This action is a review of an agency dental of sick leave pending application by an employee for disability retirement. The record shows that Mr. Albert R. Martin was employed as the Chief of the Quality Assurance Branch (W.S. 12) of the Maintenance Division, Directorate of Industrial Operations, Department of the Army, at Fort Sill, Oklahoma. He was placed on extended sick leave beginning September 6, 1973, after he submitted a report from his physician stating that he was allergic to certain enviroanental elements such as fumes and dust which he was exposed to while performing duties and that such exposure would aggravate existing respiratory problems. On January 22, 1974, his agency requested Mr. Martin to return to duty to be detailed to the position of Electronic Equipment Adviser in a different work location after preventive medicine personnel from the installation hospital had deter- mined that the new location was essentially free of objectionable environmental elements. It is stated that Mr. Martin's physician agreed Mr. Martin could work under the conditions described. Mr. Martin filed a Standard Form 52 requesting disability retirement on January 17, 1974. Mfr. Martin was advised on January 22, 1974, that sick leave no longer would be approved since he was not in- capacitated to perform the duties assigned to him. Additionally, the agency states that its representatives explained in detail the alternatives open to Mr. Martin, including an explanation that the Civil Service Commission regulations**Subchapter SlOi, FPM Supplement 831*1--provided employees a virtual right to use ac- cumulated sick leave upon approval by the Commission of disa- bility retirement; but that otherwise, management had the right to detail employees to duties within their physical capabilities and to deny the use of sick leave. Mr. Martin then filed a Form I ( - , I,

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