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B-213776 1 (1984-04-10)

handle is hein.gao/gaobadlqc0001 and id is 1 raw text is: ,. I I THE COMPTROLLER GENERAL OUCISION OP THE UNITEO STATUE WASHINGTON, 0. . 20548 FILE: B-213776 DATE: April i0, 1984 MATTER OF: Larry L. Van Eerden - Retroactive Substitution - Sick Leave for Leave Without Pay DIGEST: A retired Federal employee seeks the substitution of bought-back sick leave for leave without pay (LWOP) for the period he spent on LWOP pending a deci- sion on his workers' compensation applica- tion. Where the employee retired during the same year in which the LWOP was taken, and his request Eor the leave substitution was timely made, we conclude that the employee's agency may, in its discretion consistent with normal sick leave consid- erations, l *the. retoactive. S bstitu- tion oa his bought-back sick leave for his LWOP. Interstate Commerce Commission, 57 Comp. Gen. 535 (1978). Mr. James E. Mobley, of the Classification and Pay Group, Forest Service, United States Department of Agriculture, (the Forest Service), has requested a decision from the Comptroller General. The issue is whether sick leave bought back from the Office of Workers' Compensation Programs (OWCP) may be retroactively substituted for leave without pay (LWOP). For reasons that follow, we would not object to a retroactive substitution. FACTS Mr. Larry L. Van Eerden sustained an injury while performing his duties as an employee of the Forest Service. Pending a decision on his workers' compensation application, he went on sick leave. After a period of sick leave, Mr. Van Eerden went on LWOP. ,ventuially, the OWCP granted him workers' compensation which covered the period of the sick leave, but was insufficient to cover all of the subse- quent period of LWOP. Mr. Van Eerden then returned to work, and elected to buy back his sick leave. He retired at the end :f that year, and now wants to retroactively sabstitate his bought-back sick leave for LWOP. (ozQ51t

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