B-129944, DEC. 21, 1956

B-129944: Dec 21, 1956

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FOR 87 HOURS OF CURRENT ACCRUED ANNUAL LEAVE WHICH WAS NOT USED PRIOR TO HIS RESIGNATION JULY 27. AT THE TIME OF HIS SEPARATION HE HAD TO HIS CREDIT 528 HOURS BUT SINCE HIS MAXIMUM CARRYOVER WAS 441 HOURS HE WAS PAID A LUMP SUM FOR THE 441 HOURS. THAT HE COULD NOT HAVE OBTAINED THE LEAVE DURING THE LAST MONTH OF HIS SERVICE BECAUSE OF THE HEAVY WORK LOAD RESULTING FROM THE FCDA NATIONAL EXERCISE HELD THE LAST WEEK OF JULY 1956. WHICHEVER IS THE GREATER.'. THE FACT THAT THE PRESS OF BUSINESS OR THE LACK OF KNOWLEDGE OF THE LAW PREVENTED HIM FROM TAKING THE ANNUAL LEAVE TO HIS CREDIT IN EXCESS OF 441 HOURS IS IMMATERIAL. WE ARE WITHOUT AUTHORITY TO MAKE ANY EXCEPTION TO THE STATUTORY LIMITATION.

B-129944, DEC. 21, 1956

TO MISS DOROTHY J. AUSTIN, AUTHORIZED CERTIFYING OFFICER, FEDERAL CIVIL DEFENSE ADMINISTRATION:

YOUR LETTER OF NOVEMBER 29, 1956, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENT TO LOREN C. MATTHEWS, A FORMER EMPLOYEE OF YOUR ADMINISTRATION,FOR 87 HOURS OF CURRENT ACCRUED ANNUAL LEAVE WHICH WAS NOT USED PRIOR TO HIS RESIGNATION JULY 27, 1956. AT THE TIME OF HIS SEPARATION HE HAD TO HIS CREDIT 528 HOURS BUT SINCE HIS MAXIMUM CARRYOVER WAS 441 HOURS HE WAS PAID A LUMP SUM FOR THE 441 HOURS. MR. MATTHEWS ASSERTS A CLAIM FOR THE DIFFERENCE, NAMELY, 87 HOURS, BECAUSE HE SAYS HE HAD NOT BEEN INFORMED THAT IT WOULD BE FORFEITED IF NOT USED AT TIME OF SEPARATION, AND THAT HE COULD NOT HAVE OBTAINED THE LEAVE DURING THE LAST MONTH OF HIS SERVICE BECAUSE OF THE HEAVY WORK LOAD RESULTING FROM THE FCDA NATIONAL EXERCISE HELD THE LAST WEEK OF JULY 1956.

SECTION 5 OF THE ACT OF JULY 2, 1953, 67 STAT. 138, AMENDS SECTION 2 OF THE ACT OF AUGUST 30, 1950, TO READ, IN PERTINENT PART, AS FOLLOWS:

"* * * NO SUCH LUMP-SUM PAYMENT SHALL EXCEED COMPENSATION FOR ANY PERIOD OF SUCH LEAVE IN EXCESS OF THIRTY DAYS OR THE NUMBER OF DAYS CARRIED OVER TO HIS CREDIT AT THE BEGINNING OF THE LEAVE YEAR IN WHICH ENTITLEMENT TO PAYMENT OCCURS, WHICHEVER IS THE GREATER.'

IT APPEARS THAT THE MAXIMUM CARRYOVER OF ANNUAL LEAVE IN MR. MATTHEWS ACCOUNT HAS BEEN LIMITED TO 441 HOURS SINCE THE BEGINNING OF THE LEAVE YEAR 1954, AND HAS CONTINUED IN THAT AMOUNT THROUGH JANUARY 1, 1956. THE FACT THAT THE PRESS OF BUSINESS OR THE LACK OF KNOWLEDGE OF THE LAW PREVENTED HIM FROM TAKING THE ANNUAL LEAVE TO HIS CREDIT IN EXCESS OF 441 HOURS IS IMMATERIAL. THE STATUTE ADMITS OF NO EXCEPTION, AND WE ARE WITHOUT AUTHORITY TO MAKE ANY EXCEPTION TO THE STATUTORY LIMITATION.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.