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B-207444 1 (1982-10-20)

handle is hein.gao/gaobadkrm0001 and id is 1 raw text is: ~THE COMPTROLLER GENERAL OECISION O...J1 oF THE UNITED STATES WAUHINGTON, O.C. 20548 FILE: B-207444 DATE: October 20, 1982 MATTER OF: Michael J. DeLeo DIGEST: It was within the discretion of the appropriate officials of the Defense Investigative Service to decide that one of its employees who requested sick leave was entitled to it, based on evidence that the employee was absent due to a severe and physically incapacitating emotional injury following the death of his wife. This is in response to a request from the Accounting and Finance Officer, 76th Airlift Division, Bolling Air Force Base, for an ad- vance decision concerning the propriety of approving sick leave for an employee of the Defense Investigative Service, Mr. Michael J. DeLeo. For the reasons set forth below, we conclude that Mr. DeLeo's request for sick leave was properly approved by Defense Investigative Service officials, and that the period in question should be charged as sick leave. The record indicates that Mr. DeLeo was absent from work from April 16 until May 8, 1981. Mr. DeLeo requested that his absence be charged to sick leave rather than annual leave because his absence was due to extreme mental anguish which he suffered after the pro- tracted illness and death of his wife. The request for sick leave was reviewed and approved by the employee's immediate supervisor, his second-level supervisor, and the agency's Regional Director. Upon his return to work Mr. DeLeo submitted a certificate signed by a doctor of osteopathy to support his sick leave request. This certificate states: This note is to certify that the above named [Michael DeLeol was absent from work due to the* emotional and physical traumatic stress caused by the prolonged illness and subsequent death of his wife, Vivian DeLeo. Michael was absent from work during the period of April 16, 1981 until May 8, 1981. He will be returning to work May 11, 1981. Although the Defense Investigative Service is a separate agency of the Department of Defense and is independent of the Air Force, the Accounting and Finance Officer at Bolling Air Force Base pro- vides payroll support (including leave record maintenance) for

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