B-207248 L/M, MAY 24, 1982, OFFICE OF GENERAL COUNSEL
Highlights
EMPLOYEES AT HIS ACTIVITY FORFEITED LEAVE AT THE END OF THE 1981 LEAVE YEAR BECAUSE THEY WERE ALLOWED A HALF DAY OFF ON CHRISTMAS EVE WHEN THEY WERE SCHEDULED TO BE ON LEAVE. THE UNION PRESIDENT IS ADVISED OF PREVIOUS COMPTROLLER GENERAL DECISIONS WHICH HAVE REQUIRED THE FORFEITURE OF ANNUAL LEAVE IN SIMILAR SITUATIONS. YOU STATE THAT SOME EMPLOYEES AT YOUR ACTIVITY EXCEEDED THE MAXIMUM ANNUAL LEAVE CARRYOVER AT THE END OF THE 1981 LEAVE YEAR BECAUSE THEY WERE GIVEN A HALF DAY OFF WITHOUT CHARGE TO LEAVE ON DECEMBER 24. A DAY THEY WERE SCHEDULED TO BE ON ANNUAL LEAVE. THE FOLLOWING IS PROVIDED FOR YOUR INFORMATION. SECTION 6304 OF TITLE 5 OF THE UNITED STATES CODE PROVIDES THAT EMPLOYEES MUST FORFEIT ANNUAL LEAVE IN EXCESS OF THE MAXIMUM CARRYOVER ALLOWED UNLESS THE FORFEITURE WAS CAUSED BY: 1) ADMINISTRATIVE ERROR WHEN THE ERROR CAUSES A LOSS OF ANNUAL LEAVE OTHERWISE ACCRUABLE AFTER JUNE 30.
B-207248 L/M, MAY 24, 1982, OFFICE OF GENERAL COUNSEL
DIGEST: PRESIDENT OF UNION LOCAL REQUESTS CLARIFICATION OF THE ANNUAL LEAVE FORFEITURE PROVISIONS. EMPLOYEES AT HIS ACTIVITY FORFEITED LEAVE AT THE END OF THE 1981 LEAVE YEAR BECAUSE THEY WERE ALLOWED A HALF DAY OFF ON CHRISTMAS EVE WHEN THEY WERE SCHEDULED TO BE ON LEAVE. THE UNION PRESIDENT IS ADVISED OF PREVIOUS COMPTROLLER GENERAL DECISIONS WHICH HAVE REQUIRED THE FORFEITURE OF ANNUAL LEAVE IN SIMILAR SITUATIONS. SEE B-182549, AUGUST 22, 1975 AND B-177850, APRIL 4, 1973.
MR. ARTHUR T. VALDEZ, INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS:
THIS REFERS TO YOUR LETTER OF APRIL 19, 1982, IN WHICH YOU REQUEST CLARIFICATION OF THE FEDERAL PERSONNEL MANUAL PROVISIONS WHICH REQUIRE FORFEITURE OF ANNUAL LEAVE IN EXCESS OF THE MAXIMUM BALANCE ALLOWED.
YOU STATE THAT SOME EMPLOYEES AT YOUR ACTIVITY EXCEEDED THE MAXIMUM ANNUAL LEAVE CARRYOVER AT THE END OF THE 1981 LEAVE YEAR BECAUSE THEY WERE GIVEN A HALF DAY OFF WITHOUT CHARGE TO LEAVE ON DECEMBER 24, A DAY THEY WERE SCHEDULED TO BE ON ANNUAL LEAVE. YOU STATE THAT YOUR ACTIVITY HAS DECLARED THIS LEAVE AS HAVING BEEN FORFEITED.
THE FOLLOWING IS PROVIDED FOR YOUR INFORMATION. SECTION 6304 OF TITLE 5 OF THE UNITED STATES CODE PROVIDES THAT EMPLOYEES MUST FORFEIT ANNUAL LEAVE IN EXCESS OF THE MAXIMUM CARRYOVER ALLOWED UNLESS THE FORFEITURE WAS CAUSED BY: 1) ADMINISTRATIVE ERROR WHEN THE ERROR CAUSES A LOSS OF ANNUAL LEAVE OTHERWISE ACCRUABLE AFTER JUNE 30, 1960; 2) EXIGENCIES OF THE PUBLIC BUSINESS WHEN THE ANNUAL LEAVE WAS SCHEDULED IN ADVANCE; OR 3) SICKNESS OF THE EMPLOYEE WHEN THE ANNUAL LEAVE WAS SCHEDULED IN ADVANCE. FEDERAL PERSONNEL MANUAL (FPM) SUPPLEMENT 990-1, CHAPTER 63, SUBCHAPTER 1, SEPTEMBER 12, 1980.
IN INTERPRETING THIS LAW, THE COMPTROLLER GENERAL HAS HELD THAT THERE IS NO AUTHORITY TO PERMIT THE CREDITING OR USE OF THE EXCESS LEAVE WHICH IS FORFEITED BECAUSE A DAY OFF WAS GRANTED ON THE DAY THAT LEAVE WAS TO HAVE BEEN USED. JOSEPH A. SEYMOUR, B-182549, AUGUST 22, 1975. SEE ALSO B-177850, APRIL 4, 1973. THE FORFEITED ANNUAL LEAVE IN SUCH SITUATIONS IS NOT WITHIN THE SCOPE OF THE STATUTE OR THE FPM AND, THEREFORE, MAY NOT BE RESTORED.
I TRUST THIS IS HELPFUL IN ANSWERING YOUR QUESTIONS. ENCLOSED ARE COPIES OF THE CITED DECISIONS. IF AFTER CONSIDERING THE ABOVE ANY OF THE EMPLOYEES WHO LOST LEAVE WISH TO FILE A CLAIM, THEY MAY DO SO BY WRITING TO THE ASSOCIATE DIRECTOR, AFMD, AT THE ABOVE ADDRESS.