[Request for Waiver of Erroneous Credit of Annual Leave]

In response to a request from the Bureau of Reclamation, GAO rendered a decision as to whether an employee could be granted a waiver of the Government's claim against her annual leave account for leave which had been erroneously credited to her account by the Bureau and which was subsequently removed. GAO stated that the case amounted to a request for waiver of the Government's claim against an employee arising from an overpayment of leave pay or allowances. GAO noted that a claim may be waived only when correction would result in a negative balance in the employee's annual leave account. In this case, following adjustment, there was a positive leave balance, making a waiver inappropriate. The employee argued that she should not be held accountable for the errors of the personnel office, since she questioned their figures in the first place, and alleged that the Government should be estopped from reducing her leave account. GAO stated that the doctrine of equitable estoppel is unavailable as a basis for relief and concluded that it does not bar recovery by the Government from its employees in cases where statutes and regulations control entitlements, regardless of the erroneous actions of its agents. Therefore, even if the employee had justifiably relied, to her detriment, on the erroneous computation of her annual leave, the Bureau would not be estopped from correcting the mistake. Accordingly, the request was denied.