B-144513, JUL. 5, 1967
Highlights
HELD THAT EVEN THOUGH CLAIMANT WOULD HAVE BEEN ENTITLED TO 3 1/4 DAYS ONCE LEAVE IS FORFEITED BY REASON OF MAXIMUM ANNUAL LEAVE LIMITATION THERE IS NO AUTHORITY FOR RECREDIT OF LEAVE REGARDLESS OF FACT THAT FORFEITURE RESULTED FROM ADMINISTRATIVE ERROR. WHICH WAS FORWARDED TO OUR OFFICE BY CONGRESSMAN JACK EDWARDS. AS YOU WERE ADVISED IN OUR OFFICE LETTER OF JUNE 1. MILITARY SERVICE MAY BE CREDITED FOR PURPOSES OF DETERMINING THE RATE AT WHICH ANNUAL LEAVE IS EARNED BY CIVILIAN EMPLOYEES. YOU INDICATE IN YOUR LETTER OF JUNE 12 THAT YOU WERE EMPLOYED BY THE GOVERNMENT IN 1941 AND THAT YOU HAD ACCUMULATED ANNUAL LEAVE IN EXCESS OF THE MAXIMUM ACCUMULATION ALLOWABLE UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951.
B-144513, JUL. 5, 1967
LEAVES OF ABSENCE - ANNUAL - FORFEITURE DECISION TO CLAIMANT DENYING ENTITLEMENT TO ADDITIONAL LEAVE CREDIT FOR MILITARY SERVICE IN 1918-1919. HELD THAT EVEN THOUGH CLAIMANT WOULD HAVE BEEN ENTITLED TO 3 1/4 DAYS ONCE LEAVE IS FORFEITED BY REASON OF MAXIMUM ANNUAL LEAVE LIMITATION THERE IS NO AUTHORITY FOR RECREDIT OF LEAVE REGARDLESS OF FACT THAT FORFEITURE RESULTED FROM ADMINISTRATIVE ERROR. C.G. 596.
TO MR. CONDIE N. MATHEWS:
WE REFER TO YOUR LETTER OF JUNE 12, 1967, WHICH WAS FORWARDED TO OUR OFFICE BY CONGRESSMAN JACK EDWARDS, CONCERNING YOUR ENTITLEMENT TO ADDITIONAL PAYMENTS FOR ANNUAL LEAVE AS A FORMER FEDERAL EMPLOYEE BY REASON OF THE MILITARY SERVICE YOU PERFORMED IN 1918 AND 1919.
AS YOU WERE ADVISED IN OUR OFFICE LETTER OF JUNE 1, 1967, MILITARY SERVICE MAY BE CREDITED FOR PURPOSES OF DETERMINING THE RATE AT WHICH ANNUAL LEAVE IS EARNED BY CIVILIAN EMPLOYEES. HOWEVER, UNTIL THE EFFECTIVE DATE OF THE ANNUAL AND SICK LEAVE ACT OF 1951, APPROVED OCTOBER 30, 1951, CH. 631, 65 STAT. 679, FEDERAL EMPLOYEES EARNED ANNUAL LEAVE AT THE SAME RATE REGARDLESS OF THEIR YEARS OF SERVICE. YOU INDICATE IN YOUR LETTER OF JUNE 12 THAT YOU WERE EMPLOYED BY THE GOVERNMENT IN 1941 AND THAT YOU HAD ACCUMULATED ANNUAL LEAVE IN EXCESS OF THE MAXIMUM ACCUMULATION ALLOWABLE UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951. YOU ALSO INDICATE THAT YOU WERE ALLOWED TO RETAIN YOUR ACCUMULATED ANNUAL LEAVE BUT WERE REQUIRED TO USE ALL THE ANNUAL LEAVE EARNED EACH YEAR OR IT WOULD BE FORFEITED.
THUS, EVEN IF YOUR EMPLOYING AGENCY HAD CREDITED YOU WITH THE MILITARY SERVICE IN QUESTION THERE COULD HAVE BEEN NO INCREASE IN THE AMOUNT OF ANNUAL LEAVE TO WHICH YOU WERE ENTITLED TO ACCUMULATE. IN OTHER WORDS, SINCE YOU APPARENTLY HAD AN ANNUAL LEAVE CEILING IN EXCESS OF THAT GENERALLY PERMITTED UNDER THE 1951 LEAVE ACT YOU WERE PRECLUDED FROM ADDING TO THAT CEILING (MAXIMUM AMOUNT OF ANNUAL LEAVE WHICH COULD BE CARRIED OVER FROM YEAR TO YEAR). OF COURSE, THE CREDITING OF YOUR MILITARY SERVICE WOULD APPARENTLY HAVE PLACED YOU IN A HIGHER LEAVE EARNING CATEGORY AT AN EARLIER DATE, THAT IS, TO THE EXTENT OF SUCH MILITARY SERVICE OR APPROXIMATELY SIX MONTHS. THAT ACTION WOULD HAVE PERMITTED YOU TO EARN AN ADDITIONAL 1/4 DAY OF ANNUAL LEAVE PER PAY PERIOD WHICH YOU WOULD HAVE BEEN REQUIRED TO USE IN THE YEAR IN WHICH EARNED BECAUSE OF THE CEILING PREVIOUSLY REFERRED TO. IT WOULD SEEM THAT AT THE MOST YOU MIGHT HAVE BEEN DEPRIVED OF THE USE OF APPROXIMATELY 3 1/4 DAYS OF ANNUAL LEAVE ( 1/4 DAY X 13 PAY PERIODS EQUALS 3 1/4 DAYS). HOWEVER, WE HAVE HELD THAT ONCE SUCH LEAVE IS FORFEITED BY REASON OF THE OPERATION OF THE MAXIMUM ANNUAL LEAVE ACCUMULATION LIMITATION THERE IS NO AUTHORITY FOR RECREDITING THE LEAVE REGARDLESS OF THE FACT THAT THE FORFEITURE RESULTED FROM ADMINISTRATIVE ERROR. 36 COMP.
FOR THE REASONS STATED WE FIND NO BASIS FOR AUTHORIZING AN ADDITIONAL PAYMENT TO YOU FOR ACCUMULATED ANNUAL LEAVE.