B-160504, JAN. 6, 1967

B-160504: Jan 6, 1967

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WHICH IS NOT USED BY AN OFFICER OR EMPLOYEE. OR CORRESPONDING PERIOD IN THE CASE OF AN OFFICER OR EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS. OUR OFFICE CONSISTENTLY HAS HELD THAT THE QUOTED PROVISION OF LAW REQUIRES THE FORFEITURE OF ALL ANNUAL LEAVE CREDITED TO AN EMPLOYEE AT THE CLOSE OF A LEAVE YEAR WHICH IS IN EXCESS OF THE CEILING ESTABLISHED THEREIN REGARDLESS OF THE REASON FOR THE EMPLOYEE'S FAILURE TO USE SUCH EXCESS ANNUAL LEAVE. 32 COMP. BECAUSE OF THE MANDATORY NATURE OF THE STATUTORY RESTRICTION AND ITS CONSISTENT CONSTRUCTION AS AN ABSOLUTE PROHIBITION AGAINST THE CARRYING FORWARD OF EXCESS ANNUAL LEAVE CREDITS WE WOULD NOT BE LEGALLY WARRANTED IN MAKING AN EXCEPTION IN YOUR CASE IRRESPECTIVE OF WHETHER YOU WERE AFFORDED ADEQUATE OPPORTUNITY TO USE EXCESS ANNUAL LEAVE CREDITS PRIOR TO THE END OF THE RESPECTIVE LEAVE YEARS.

B-160504, JAN. 6, 1967

TO MISS RUTH H. PROCTOR:

WE REFER TO YOUR UNDATED LETTER RECEIVED IN OUR OFFICE NOVEMBER 29, 1966, CONCERNING YOUR CLAIM FOR COMPENSATION FOR THE ANNUAL LEAVE WHICH YOU FORFEITED AT THE CLOSE OF LEAVE YEARS 1963, 1964 AND 1965 AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, FORT DEVENS, MASSACHUSETTS, THE SAID CLAIM HAVING BEEN DISALLOWED BY SETTLEMENT OF OUR OFFICE DATED NOVEMBER 21, 1966.

THE DEPARTMENT OF THE ARMY HAS REPORTED TO US THAT YOU HAD ANNUAL LEAVE IN EXCESS OF YOUR CEILING OF 240 HOURS TO YOUR CREDIT IN THE FOLLOWING AMOUNTS; 14 HOURS IN 1963, 40 HOURS IN 1964 AND 162 HOURS IN 1965, FOR A TOTAL OF 216 HOURS.

SECTION 203 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 5 U.S.C. (1964 ED.) 2062 (C), NOW SUPERSEDED BY 5 U.S.C. 6304 (A), PROVIDED:

"/C) THE ANNUAL LEAVE PROVIDED FOR IN THIS SECTION, WHICH IS NOT USED BY AN OFFICER OR EMPLOYEE, SHALL ACCUMULATE FOR USE IN SUCCEEDING YEARS UNTIL IT TOTALS NOT TO EXCEED THIRTY DAYS AT THE BEGINNING OF THE FIRST COMPLETE BIWEEKLY PAY PERIOD, OR CORRESPONDING PERIOD IN THE CASE OF AN OFFICER OR EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS, OCCURRING IN ANY YEAR.'

OUR OFFICE CONSISTENTLY HAS HELD THAT THE QUOTED PROVISION OF LAW REQUIRES THE FORFEITURE OF ALL ANNUAL LEAVE CREDITED TO AN EMPLOYEE AT THE CLOSE OF A LEAVE YEAR WHICH IS IN EXCESS OF THE CEILING ESTABLISHED THEREIN REGARDLESS OF THE REASON FOR THE EMPLOYEE'S FAILURE TO USE SUCH EXCESS ANNUAL LEAVE. 32 COMP. GEN. 162; 36 ID. 596. BECAUSE OF THE MANDATORY NATURE OF THE STATUTORY RESTRICTION AND ITS CONSISTENT CONSTRUCTION AS AN ABSOLUTE PROHIBITION AGAINST THE CARRYING FORWARD OF EXCESS ANNUAL LEAVE CREDITS WE WOULD NOT BE LEGALLY WARRANTED IN MAKING AN EXCEPTION IN YOUR CASE IRRESPECTIVE OF WHETHER YOU WERE AFFORDED ADEQUATE OPPORTUNITY TO USE EXCESS ANNUAL LEAVE CREDITS PRIOR TO THE END OF THE RESPECTIVE LEAVE YEARS.