B-126077, DEC. 12, 1955

B-126077: Dec 12, 1955

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

- STATED BY YOU TO HAVE BEEN ON OFFICIAL BUSINESS. IT APPEARS THAT FOR THAT ABSENCE YOU WERE CHARGED ANNUAL LEAVE. THE AMOUNT OF SUCH LEAVE IS NOT STATED. OUR DECISIONS HAVE HELD THAT UNDER THE 1936 LEAVE ACT. IT IS WITHIN ADMINISTRATIVE DISCRETION TO PLACE AN EMPLOYEE ON ANNUAL LEAVE WITH OR WITHOUT THE EMPLOYEE'S CONSENT. WHETHER A PARTICULAR ABSENCE IS TO BE CHARGED AS OFFICIAL LEAVE OR AS ANNUAL OR AS LEAVE WITHOUT PAY IS FOR ADMINISTRATIVE DETERMINATION AND ANY ADVERSE DETERMINATION IN THAT CONNECTION IS NOT SUBJECT TO REVIEW OR REVISION BY THE GENERAL ACCOUNTING OFFICE. YOUR CLAIM ESSENTIALLY IS ONE FOR RESTORATION TO YOUR ANNUAL LEAVE ACCOUNT THE TIME WHICH WAS CHARGED AGAINST YOUR ANNUAL LEAVE FOR AN ABSENCE BELIEVED BY YOU TO BE CHARGEABLE AS OFFICIAL LEAVE INSTEAD OF ANNUAL LEAVE.

B-126077, DEC. 12, 1955

TO MR. JOHN F. MCCABE:

YOUR LETTER OF NOVEMBER 9, 1955, SUBMITS FOR OUR CONSIDERATION UNDER THE ACT OF APRIL 10, 1928, 45 STAT. 413, 31 U.S.C. 236, YOUR CLAIM FOR ANNUAL LEAVE WHICH YOU ALLEGE HAS BEEN ILLEGALLY CHARGED AGAINST YOU BY YOUR IMMEDIATE SUPERIOR.

THE MATTER ABOUT WHICH YOU COMPLAIN INVOLVES AN ABSENCE AFTER LUNCH ON OCTOBER 14, 1955, WHEN YOU WENT TO THE LIBRARY OF CONGRESS--- STATED BY YOU TO HAVE BEEN ON OFFICIAL BUSINESS--- LEAVING FOR HOME AND NOT RETURNING TO YOUR OFFICE AT CLOSE OF BUSINESS. YOU SAY THAT THROUGH INADVERTENCE YOU FAILED TO NOTIFY YOUR OFFICE OF YOUR WHEREABOUTS ON THAT OCCASION. IT APPEARS THAT FOR THAT ABSENCE YOU WERE CHARGED ANNUAL LEAVE. THE AMOUNT OF SUCH LEAVE IS NOT STATED. OUR DECISIONS HAVE HELD THAT UNDER THE 1936 LEAVE ACT, 49 STAT. 1161, AND THE 1951 LEAVE ACT, 65 STAT. 679, IT IS WITHIN ADMINISTRATIVE DISCRETION TO PLACE AN EMPLOYEE ON ANNUAL LEAVE WITH OR WITHOUT THE EMPLOYEE'S CONSENT. SEE 28 COMP. GEN. 526; 31 ID. AT PAGE 326; B-70019, MARCH 23, 1948; B-104555, OCTOBER 5, 1951. ALSO, WHETHER A PARTICULAR ABSENCE IS TO BE CHARGED AS OFFICIAL LEAVE OR AS ANNUAL OR AS LEAVE WITHOUT PAY IS FOR ADMINISTRATIVE DETERMINATION AND ANY ADVERSE DETERMINATION IN THAT CONNECTION IS NOT SUBJECT TO REVIEW OR REVISION BY THE GENERAL ACCOUNTING OFFICE.

YOUR CLAIM ESSENTIALLY IS ONE FOR RESTORATION TO YOUR ANNUAL LEAVE ACCOUNT THE TIME WHICH WAS CHARGED AGAINST YOUR ANNUAL LEAVE FOR AN ABSENCE BELIEVED BY YOU TO BE CHARGEABLE AS OFFICIAL LEAVE INSTEAD OF ANNUAL LEAVE. SUCH A CLAIM IS NOT ONE COMING WITHIN THE TERMS OF THE ACT OF APRIL 10, 1928, 31 U.S.C. 236. ACCORDINGLY, YOUR REQUEST THAT THE CLAIM BE CONSIDERED UNDER THAT ACT MUST BE DENIED.