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B-199477 1 (1982-05-03)

handle is hein.gao/gaobadkgs0001 and id is 1 raw text is: 



DECISION


THUE CUMPTPDLLEF DEAPRRAL
OF TH IJNITED STATEB
WAfHINGTON. D.C. 2r)5413


B-199477


DATEi


?!:, 3, 1W32


MATTER OF; Corne Sue Freeman - Payment for unused
              sick leave

DIGEST:     Former employee of Government of Di3trict
            of Columbia sought lutip-sum payment for 5
            and one-half days accumulated sick leave
            at time of her resignation, which was
            more than 18 months after beginning
            maternity leave. We find no basis which
            would allow for a lump-sum payment for
            unused sick leave upon her reignation.
            Further, grievance hearing officer's
            decision, rendered under collective
            bargaining agreement, not to allow
            maternity leave date to be amended 18
            months later for the purpose of grant-
            ing sick leave is not arbitrary or
            capricious and, therefore, will not be
            overturned by GAO.


      The Washington Teachers' Union (Union) and the Public
 Schools of the District of Columbia (Public Schools) have
 jointly submitted to the Comptroller General for decision
 the claim of Mrs. Corne Sue Freeman, a former teacher in
 the Public Schools.  The Union conteads Mrs. Freeman is
 entitled to be compensated for the sick leave she had to
 her credit at the time of her resiqnation from the Public
 Schools.  For the reasons explained below, the claim is
 denind.

      Since the District of Columbia government is a legal
 entity separate and distinct from the United States Gov-
 ernment, this Office has no jurisdiction to settle claims
 by or against the District of Columbia. 36 Comp. Gen.
 457 (1956); 1 id. 451 (1922).  Upon request by appropriate
 officials of the District of Columbia government, the
 Comptroller General will, however, issue decisions to the
 District of Columbia government. 47 D.C. Code § 121 (1981).
 Since this request for a decision is stubmitted by an
 appropriate official of the Government of the District of
 Columbia, we will rendar a decision.


FILE;

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