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B-186197 1 (1976-07-28)

handle is hein.gao/gaobaddjw0001 and id is 1 raw text is: THE COMPTROLL.ER GENERAL OECI'S1(2N OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: JUL 2 9y oO MATTER OF: Claudia M. Ferguson - Recredit of Sick and Annual Leave DIGEST: Because of change in workload, day-shift employees of one shipyard shop, were to be loaned to another shop for night-shift work, on board ship. Claimant presented medical certificate from her personal physician, stating that she should not be assigned night work or duties involving climbing. Agency placed claimant on sick and annual leave until both were exhausted. Claim for recredit of leave is denied, because agency may involuntarily place employee on leave when employee is incapacitated for the performance of assigned duties. This matter arises from a request for reconsideration of Settle- ment Certificate Z-2584033, issued January 30, 1976, by our Claims Division, disallowing Mrs. Claudia K. Ferguson's claim for recredit of sick and annual leave. In July 1974, Mrs. Ferguson was an employee of the Norfolk Naval Shipyard, assigned to day-shift work in Electronics Shop 67. In late July, because of a decrease in workload for Shop 67 and an increase in work for Electrical Shop 51, employees from Shop 67, including Mrs. Ferguson, were to be loaned to Shop 51. The work to be done in Shop 51 was to be night-shift work, aboard ship, requirin a significant amount of climbing. On or about July 17, 1974, Mrs. Ferguson requested leave without pay (LWOP) for the period August 1, to September 1, 1974. Because of the continuing workload for Shop 67 employees, even though the work was to be performed in Shop 51, Mrs. Ferguson's request was denied. Following the disapproval of her request for LWOP, Mrs. Ferguson presented a medical certificate from her personal physician to the effect that she should not work nights, and that she should avoid climbing. These restrictions are found in a Medical Evaluation of Work Status form, signed by Dr. Bernard H1. Miller, apparently on July 23, 1974, and they precluded Mrs. Ferguson from performing the work to be assigned when she was loaned to Shop 51. According to the record before us, attempts were made to find work which Mrs. Ferguson could perform within her physical restrictions, but none was available until August 20, 1974. oc4 V;_(% ()

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