Forfeiture of Leave and Failure To Timely Schedule

The Director of the Administrative Office of the United States Courts requested a decision regarding the advance scheduling requirement for the restoration of forfeited annual leave. The issue was whether the requirement of advance scheduling of leave which is later forfeited due to sickness or public exigency would be satisfied by a written request submitted on the first day of the third pay period prior to the end of the leave year. Two employees of the Administrative Office orally requested leave before the end of the second quarter but did not present written requests until the first day of the third pay period prior to the end of the leave year. The requests were approved that day but the leave was later forfeited due to public exigency. Their requests for restoration were denied on the ground that they had not scheduled their annual leave within the time limits established by the appropriate laws and regulations. Since the leave was not scheduled far enough in advance to satisfy the applicable law and regulations, and since the timeliness requirement for leave scheduling cannot be waived or modified, the forfeited leave may not be restored.