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B-195597 1 (1981-07-06)

handle is hein.gao/gaobadjnq0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION. 1. OF THE UNITED STATES 1'1:-1-,' AWASHINGTON. D.C. 20548 FILE: B-195597 DATE: July 6, 1981 MATTER OF: I-hvo-l-ci-ta-ry Leave and Le-ave Without Pay - Agency-Filed Application for Disability Retirement DIGEST: Agency placed employee on involuntary leave and leave without pay pending Civil Service Commission's action on agency-filed applica- tion for disability retirement. Employee claims restoration of leave and backpay since Commission denied retirement application. Agency's placing employee on involuntary annual leave and leave without pay was not an unjustified or unwarranted personnel action where the agency's action was based on results of psychiatric evaluation. Record as a whole shows no reason why agency should not have relied on such competent medical evidence. By letter dated July 9, 1980, the Naval Supply Center, Oakland, California, appealed the determination of our Claims Group dated May 16, 1980, that a civilian employee at a Naval Supply Center was entitled to back- pay together with the recredit of any annual leave used during the period November 18, 1977, through September 2, 1978, while she was on involuntary leave and leave- without-pay status pending a decision on an agency-filed application for her disability retirement. Upon con- sideration of additional facts presented by the Center, the determination by the Claims Group is reversed. The record shows that the employee, a computer operator, grade GS-7, was advised in September 1976 that she would be involuntarily reassigned from Shift II to Shift III, duty hours 11:30 p.m. to 8 a.m. The employee advised the Center that she would be unable to work on Shift III due, in part, to health problems. The agency deferred her reassignment until October 11, 1976, to provide her with the opportunity to resolve her hardship. Beginning October 12, 1976, the employee, at her request, was on extended sick leave and leave without pay for medical reasons. The employee reported for duty on April 4, 1977, and at that time presented medical information which indicated that she was able to return to duty on only the day shift. The employee had sub- mitted a letter dated March 23, 1977, from a psychiatric social worker who was involved in her treatment wherein

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