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B-221265 1 (1986-06-02)

handle is hein.gao/gaobadmim0001 and id is 1 raw text is: AW 0%LLN Ce 0 THE COMPTROLLER GENERAL OECISION . . OP THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-221265 DATE: June 2, 1986 MATTER OF: Virginia A. Gibson - Retroactive Substitution of Sick Leave for Annual Leave DIGEST: An employee timely requested and had approved the use of 72 hours of annual leave at the end of a leave year in order to avoid for- feiture. Shortly thereafter, the employee was involved in a non-job related accident and went on sick leave. Due to a lengthy recuperation period, the employee request- ed that a portion of the absence be charged to the annual leave subject to forfeiture, rather than sick leave. Such request was granted. In June or July of the succeed- ing leave year, the employee requested retroactive substitution of sick leave for the excess annual leave used at the end of the preceeding leave year. The request is denied. After annual leave is granted in lieu of sick leave as a matter of choice, thereby avoiding forfeiture of that leave at the end of the leave year under 5 U.S.C. S 6304, the employee may not thereafter have sick leave retroactively substituted for such annual leave and have that annual leave recredited solely for the purpose of enhancing the lump-sum leave payment upon separation for retirement nearly a year later. This decision is in response to a request from the Director, Headquarters Personnel Operations Division, Department of Energy. It concerns the entitlement of Ms. Virginia A. Gibson to substitute sick leave for annual leave which was used in the calendar year prior to the year in which she retired. For the reasons set forth below, we hold that the retroactive leave substitu- tion requested may not be granted. BACKGROUND Ms. Gibson was an employee of the Energy Information Administration, Department of Energy. On October 24, 1984,

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