B-153913, MAY 26, 1964

B-153913: May 26, 1964

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POINTS OUT THAT YOU HAVE PENDING IN YOUR OFFICE THE CASE OF MR. HE WAS NOTIFIED ON DECEMBER 3. HAYES AND THE CIVILIAN PERSONNEL OFFICER AT THE INSTALLATION ARE OF THE OPINION THAT AN ADJUSTMENT SHOULD BE MADE IN THE LEAVE RECORDS WHEREAS YOU FEEL THAT OUR DECISION 37 COMP. GEN. 213 IS FOR APPLICATION. WHEN IT WAS DISCOVERED THAT AN ADMINISTRATIVE ERROR WAS MADE IN PLACING THE EMPLOYEE IN THE WRONG LEAVE CATEGORY. IS REQUIRED BY THE AUTOMATIC LEAVE REDUCTION PROVISIONS OF SECTION 208 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951. TO HAVE THE ACCUMULATED LEAVE BALANCE REDUCED ON THE BASIS OF THE CORRECTED RECONSTRUCTION OF THE LEAVE RECORD AND THERE IS NO BASIS BY WHICH THE EXCESS ANNUAL LEAVE USED IN PRIOR YEARS MAY BE CHARGED TO THE CURRENT LEAVE EVEN THOUGH IT WILL RESULT IN A FORFEITURE OF ANNUAL LEAVE.'.

B-153913, MAY 26, 1964

TO MAJOR W. B. ANDRESEN:

YOUR LETTER OF MARCH 26, 1964, POINTS OUT THAT YOU HAVE PENDING IN YOUR OFFICE THE CASE OF MR. ROBERT W. HAYES, APPOINTED JULY 16, 1957. HE WAS NOTIFIED ON DECEMBER 3, 1963, THAT AN ADMINISTRATIVE ERROR MADE IN PLACING HIM IN THE 6-HOUR CATEGORY INSTEAD OF THE 4-HOUR CATEGORY FOR ANNUAL LEAVE ACCRUAL PURPOSES HAD RESULTED IN OVERDRAWN ANNUAL LEAVE AT THE END OF THE 1957 AND 1959 LEAVE YEARS FOR WHICH REFUND WOULD BE REQUIRED.

THE RECORD SHOWS THAT MR. HAYES AND THE CIVILIAN PERSONNEL OFFICER AT THE INSTALLATION ARE OF THE OPINION THAT AN ADJUSTMENT SHOULD BE MADE IN THE LEAVE RECORDS WHEREAS YOU FEEL THAT OUR DECISION 37 COMP. GEN. 213 IS FOR APPLICATION. YOU ASK, IN EFFECT, THAT THE MATTER BE RESOLVED.

37 COMP. GEN. 213 HELD AS FOLLOWS:

"AN EMPLOYEE WHO HAD A MAXIMUM ACCUMULATED ANNUAL LEAVE BALANCE OF 480 HOURS, WHEN IT WAS DISCOVERED THAT AN ADMINISTRATIVE ERROR WAS MADE IN PLACING THE EMPLOYEE IN THE WRONG LEAVE CATEGORY, IS REQUIRED BY THE AUTOMATIC LEAVE REDUCTION PROVISIONS OF SECTION 208 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 5 U.S.C. 2066, TO HAVE THE ACCUMULATED LEAVE BALANCE REDUCED ON THE BASIS OF THE CORRECTED RECONSTRUCTION OF THE LEAVE RECORD AND THERE IS NO BASIS BY WHICH THE EXCESS ANNUAL LEAVE USED IN PRIOR YEARS MAY BE CHARGED TO THE CURRENT LEAVE EVEN THOUGH IT WILL RESULT IN A FORFEITURE OF ANNUAL LEAVE.'

YOU WILL NOTE FROM THE ABOVE DECISION THAT THE AUTOMATIC LEAVE REDUCTION PROVISIONS OF SECTION 208 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 5 U.S.C. 2066, GOVERNED THE SITUATION PRESENTED THEREIN. IN THE MATTER PRESENTED BY YOU NO ACCUMULATED ANNUAL LEAVE BALANCE OR CEILING IS INVOLVED.

THE RECORDS PRESENTED BY YOU SHOW THAT THE EMPLOYEE HAD A BALANCE OF 9 HOURS OF ANNUAL LEAVE BEGINNING JANUARY 1, 1959, AND BY DECEMBER 31, 1959, HAD USED 79 HOURS IN EXCESS OF THE ANNUAL LEAVE TO WHICH HE WAS ENTITLED ON A RECONSTRUCTIVE BASIS. SINCE IT IS REPORTED THAT AT THE END OF 1963, MR. HAYES' RECONSTRUCTED ANNUAL LEAVE AMOUNTED TO 181 HOURS (NO REDUCTION PREVIOUSLY HAVING BEEN MADE FOR THE 79 HOURS EXCESS ANNUAL LEAVE USED IN 1959) WE SEE NO OBJECTION TO NOW DEDUCTING THE 79 HOURS FROM THAT BALANCE.

WE NOTE THAT THE LEAVE COMPUTATIONS SUBMITTED BY YOU HAVE BEEN PREDICATED ON A CALENDAR YEAR BASIS WHEREAS SECTIONS 203 (C), 203 (D) AND 208 OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 5 U.S.C. 2062 AND 2066, IN EFFECT, ESTABLISHED A "LEAVE YEAR" WHICH BEGINS ON THE FIRST DAY OF THE FIRST COMPLETE PAY PERIOD OCCURRING IN ANY YEAR. SEE 31 COMP. GEN. 581, ANSWER TO QUESTION 1, WHICH ANSWER HAS BEEN MODIFIED TO THE EXTENT OF THE CHANGES IN THE LANGUAGE OF SECTIONS 203 (C), 203 (D), AND 208, BY THE AMENDMENT OF THE ACT OF JULY 2, 1953, TO SUCH SECTIONS.