B-168739, FEB. 3, 1970

B-168739: Feb 3, 1970

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EMPLOYEE WHO CONTRARY TO ESTABLISHED PRACTICE OF DEPARTMENT OF THE ARMY WAS NOT GRANTED ACCRUED LEAVE FOR WHICH SHE COULD NOT BE PAID AT TIME OF SEPARATION MAY BE RESTORED TO ROLLS AND HAVE SEPARATION DATE CHANGED TO PERMIT COMPENSATION FOR EXCESS ACCRUED ANNUAL LEAVE. PRIOR TO SEPARATION SHE WAS NOT ADVISED THAT SHE COULD ONLY RECEIVE A LUMP -SUM PAYMENT FOR THE 240 HOURS OF ACCUMULATED ANNUAL LEAVE AND AS A RESULT SHE FAILED TO SET HER RESIGNATION DATE SO AS TO PERMIT USE OF THE 72 HOURS IN EXCESS OF HER ANNUAL LEAVE CEILING. DEPARTMENT OF THE ARMY CPR 630.3-4B (2) (A) PROVIDES AS FOLLOWS: "ANNUAL LEAVE ACCRUED AND UNUSED DURING THE CURRENT LEAVE YEAR AND WHICH MAY NOT BE INCLUDED IN THE LUMP-SUM LEAVE PAYMENT WILL BE GRANTED ON A PAY -PERIOD BASIS PRIOR TO THE SEPARATION.".

B-168739, FEB. 3, 1970

CIVIL PAY--RESTORATION TO ROLLS FOR LEAVE PURPOSES DECISION TO CERTIFYING OFFICER, DEPARTMENT OF THE ARMY AUTHORIZING RESTORATION OF SEPARATED EMPLOYEE TO ROLLS FOR PAYMENT OF FORFEITED ACCRUED ANNUAL LEAVE. EMPLOYEE WHO CONTRARY TO ESTABLISHED PRACTICE OF DEPARTMENT OF THE ARMY WAS NOT GRANTED ACCRUED LEAVE FOR WHICH SHE COULD NOT BE PAID AT TIME OF SEPARATION MAY BE RESTORED TO ROLLS AND HAVE SEPARATION DATE CHANGED TO PERMIT COMPENSATION FOR EXCESS ACCRUED ANNUAL LEAVE.

TO MRS. MEREDITH GHIORSE:

THIS REFERS TO LETTER OF DECEMBER 17, 1969, CSSCPD-RF, WITH ENCLOSURES, FROM MR. SAMUEL G. MCDONALD, CIVILIAN PERSONNEL OFFICER, DEPARTMENT OF THE ARMY, REQUESTING THAT WE RENDER A DECISION TO YOU AS TO WHETHER THE SEPARATION DATE OF MRS. LOIS B. CATHA, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, MAY BE CHANGED IN ORDER TO EFFECT PAYMENT TO HER FOR 72 HOURS OF ACCRUED ANNUAL LEAVE WHICH SHE LOST UPON SEPARATION.

AT THE TIME OF HER SEPARATION MRS. CATHA HAD AN ACCRUED ANNUAL LEAVE BALANCE IN EXCESS OF HER ANNUAL LEAVE CEILING OF 240 HOURS. HOWEVER, PRIOR TO SEPARATION SHE WAS NOT ADVISED THAT SHE COULD ONLY RECEIVE A LUMP -SUM PAYMENT FOR THE 240 HOURS OF ACCUMULATED ANNUAL LEAVE AND AS A RESULT SHE FAILED TO SET HER RESIGNATION DATE SO AS TO PERMIT USE OF THE 72 HOURS IN EXCESS OF HER ANNUAL LEAVE CEILING.

WITH RESPECT TO THE FORFEITURE OF ANNUAL LEAVE, DEPARTMENT OF THE ARMY CPR 630.3-4B (2) (A) PROVIDES AS FOLLOWS:

"ANNUAL LEAVE ACCRUED AND UNUSED DURING THE CURRENT LEAVE YEAR AND WHICH MAY NOT BE INCLUDED IN THE LUMP-SUM LEAVE PAYMENT WILL BE GRANTED ON A PAY -PERIOD BASIS PRIOR TO THE SEPARATION." IT APPEARS FROM THE ABOVE THAT IT IS THE DEPARTMENT OF THE ARMY'S PRACTICE TO ENSURE THAT EMPLOYEES UPON SEPARATION BE AFFORDED THE OPPORTUNITY TO USE ALL ACCRUED LEAVE FOR WHICH THEY CANNOT BE PAID A LUMP SUM. THE RECORD INDICATES THAT THIS PROCEDURE WAS NOT FOLLOWED IN EFFECTING MRS. CATHA'S SEPARATION. ALSO, THE DEPARTMENT OF THE ARMY IN A LETTER DATED NOVEMBER 12, 1969, TO MRS. CATHA, STATED THAT IT IS THE POLICY OF THE DEPARTMENT OF THE ARMY TO EXTEND THE EFFECTIVE DATE OF SEPARATION, WHENEVER POSSIBLE, TO THE EXTENT NECESSARY TO ELIMINATE ANY FORFEITURE OF ACCRUED ANNUAL LEAVE UPON SEPARATION. SINCE IT IS THE ESTABLISHED PRACTICE OF THE DEPARTMENT OF THE ARMY TO GRANT ALL OF THE ACCRUED ANNUAL LEAVE TO AN EMPLOYEE'S CREDIT FOR WHICH HE OR SHE CANNOT BE PAID A LUMP-SUM PAYMENT PRIOR TO SEPARATION, ANY SEPARATION WHICH FAILS TO PROVIDE FOR SUCH WOULD APPEAR TO BE INEFFECTIVE. SEE B 163077, JANUARY 29, 1968.

THEREFORE, WE WOULD NOT OBJECT TO A RESTORATION OF MRS. CATHA TO THE ROLLS AND HER SEPARATION DATE CHANGED TO PERMIT HER TO USE AND BE COMPENSATED FOR HER EXCESS ACCRUED ANNUAL LEAVE.