OFFICE OF ADMINISTRATIVE LAW JUDGES WASHINGTON, D.C. 20424-0001 SOCIAL SECURITY ADMINISTRATION WALNUT CREEK DISTRICT OFFICE WALNUT CREEK, CALIFORNIA Respondent and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 3171, AFL-CIO Case No. SF-CA-31205 For the General Counsel For the Respondent Before: BURTON S. STERNBURG Administrative Law Judge DECISION Statement of the Case
I have reviewed the regulations and cannot find any such requirement. Nor is her illness/injury excluded from qualifying her. However, your actions have delayed Ms. Nelson's participation in the program. I am requesting that you do a Regionwide solicitation for leave donations, and such donations be used to offset the Advanced Sick Leave, which may not have all been necessary if you had properly processed the April 29, 1993, request.
On May 20, 1993, Ms. Rodriguez responded to Mr. Codon's letter as follows:
I sent June a letter since I have not been able to reach her by phone, asking her for clarification. I also need medical certification as well. Once I receive an answer from June, I will proceed with the leave participation program.
Again, please let me know if you want to partici-pate in the program so that I can approve your request. . . . On May 27, 1993 Ms. Rodriguez telephoned Ms. Nelson at her home and discussed the LTP. According to Ms. Nelson, Ms. Rodriguez informed her that her advanced sick leave was nearly exhausted and that she was now eligible to participate in the program. She further informed Ms. Nelson that she had now accumulated about 32 hours of annual leave. Ms. Nelson informed Ms. Rodriguez that she did not want to use her annual leave since she was about to return to work. Ms. Rodriguez admits the telephone call and that she spoke about the LTP, the criteria for participation therein and asked whether Ms. Nelson wanted to use her annual leave. She denies, however, informing Ms. Nelson that she had nearly exhausted her advanced sick leave.
Now you state that you have 30 calendar days to respond. Why didn't you write to June earlier, if you intended to act on this request? However, at least you do admit now that she does not have to exhaust all her leave.
Discussion and Conclusions
Issued, Washington, DC, November 30, 1994 ______________________________ BURTON S. STERNBURG Administrative Law Judge 1. Ms. Nelson claims that she had only 9 hours of annual leave. With respect to sick leave, according to Ms. Nelson, any sick leave balance was the result of having previously secured 34 hours of advanced sick leave. In this latter context, according to the uncontradicted testimony of Ms. Austin, Respondent is only allowed to advance 240 hours of sick leave to Ms. Nelson. 2. Ms. Nelson did not submit a form SF-71 prior to her surgery covering and/or exhausting the hours that were currently in her annual leave account. 3. The record indicates that Ms. Nelson became eligible and was accepted into the LTP when she agreed to use up the 32 hours of annual leave she had accrued as of June 9, 1993. She signed a SF 71, Application For Leave, for such hours on June 21, 1993. The aforementioned SF-71 notes that the leave application was executed "under protest". According to Ms. Nelson, if Respondent had allowed her into the program prior to her operation she never would have had to use the annual leave which accrued thereafter. How do I make an appointment at the Walnut Creek Social Security office?If you do need an appointment you can schedule, reschedule, or cancel an appointment by calling us at 1-800-772-1213 (TTY 1-800-325-0778) between 8:00 am – 7:00 pm, Monday through Friday or contacting your local Social Security office.
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