B-173632, AUG 3, 1971

B-173632, AUG 3, 1971

CIVILIAN PERSONNEL - ACCRUED LEAVE - "FORFEITURE" AT RETIREMENT DECISION ALLOWING CLAIM OF MR. WILLIAM S. HAWLEY FOR ANNUAL LEAVE ALLEGEDLY FORFEITED AT HIS RETIREMENT AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY. SINCE CLAIMANT'S SEPARATION WAS EFFECTED WITHOUT ADVANCE NOTICE OF THE POSSIBLE FORFEITURE AND WAS CONTRARY TO ESTABLISHED AGENCY POLICY DIRECTING THAT CURRENT ACCRUED ANNUAL LEAVE BE GRANTED IN KIND ON SEPARATION, THE COMP. GEN. WOULD NOT OBJECT IF CLAIMANT WAS RESTORED TO ROLL, PAID ACCRUED LEAVE, AND SEPARATION DATE ADJUSTED ACCORDINGLY.

TO FINANCE CENTER:

THIS WILL REFER TO LETTER OF YOUR OFFICE DATED JULY 1, 1971, YOUR REFERENCE FINCS-AF, WHICH FURNISHED THE REPORT OF THE COMMANDING OFFICER, 18TH FINANCE SECTION, APO NY 09757, CONCERNING THE CLAIM OF MR. WILLIAM S. HAWLEY FOR ANNUAL LEAVE ALLEGEDLY FORFEITED AT HIS RETIREMENT AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY STATIONED IN EUROPE.

THE RECORD SHOWS THAT AS OF JUNE 20, 1970, MR. HAWLEY HAD 96 HOURS OF CURRENTLY ACCRUED AND 360 HOURS OF ACCUMULATED ANNUAL LEAVE TO HIS CREDIT. IT IS ALSO INDICATED THAT AT THE TIME OF HIS "RETIREMENT" ON JUNE 30, 1970, MR. HAWLEY WAS AUTHORIZED A LUMP-SUM PAYMENT FOR THE 360 HOURS PLUS ONE HOLIDAY (JULY 3, 1970), BUT THE 96 HOURS WAS CONSIDERED AS "FORFEITED." ALTHOUGH REQUESTED TO COMMENT ON WHETHER MR. HAWLEY WAS ADVISED OF THE EXCESSIVE ACCRUED ANNUAL LEAVE, THE REPORT STATED: "THERE IS NO INFORMATION AS TO NOTIFICATION OF FORFEITURE PRIOR TO MR. HAWLEY'S SEPARATION." CONSEQUENTLY, WE MUST ACCEPT HIS ALLEGATION THAT SUCH NOTICE WAS NOT FURNISHED.

THE GENERAL POLICY OF THE ARMY IS EXPRESSED BY THE ARMY CIVILIAN PERSONNEL REGULATIONS 630.3-B(1)(A) AND (2)(A) WHICH STATE IN SUBSTANCE THAT EMPLOYEES WILL NOT NORMALLY BE DENIED THE USE OF ANNUAL LEAVE IN SITUATIONS WHERE THEY WOULD OTHERWISE LOSE CURRENT ACCRUALS BECAUSE OF FORFEITURE RULES. FURTHERMORE, CURRENT ACCRUED ANNUAL LEAVE WILL BE GRANTED IN KIND WHERE IT CANNOT BE INCLUDED IN A LUMP-SUM PAYMENT AT THE TIME OF SEPARATION FROM GOVERNMENT EMPLOYMENT. WHERE SEPARATIONS HAVE BEEN EFFECTED CONTRARY TO THIS POLICY, WE HAVE ALLOWED RESTORATION TO THE ROLLS AND THE ADJUSTMENT OF SEPARATION DATES TO PERMIT PAYMENT FOR ANNUAL LEAVE OTHERWISE FORFEITED. SEE B-163077, JANUARY 29, 1968; B-168739, FEBRUARY 3, 1970; AND B-172997, JUNE 23, 1971; COPIES ENCLOSED.

SINCE MR. HAWLEY'S SEPARATION WAS EFFECTED WITHOUT ADVANCE NOTICE OF THE POSSIBLE FORFEITURE AND WAS CONTRARY TO ESTABLISHED AGENCY POLICY DIRECTING THAT CURRENT ACCRUED ANNUAL LEAVE BE GRANTED IN KIND BEFORE SEPARATION IF IT COULD NOT BE PROPERLY INCLUDED IN A LUMP-SUM PAYMENT, SUCH SEPARATION WOULD APPEAR TO BE INEFFECTIVE. ACCORDINGLY, WE WOULD NOT OBJECT TO MR. HAWLEY'S RESTORATION TO THE ROLLS AND A CHANGE IN THE EFFECTIVE DATE OF HIS RETIREMENT FOR THE PURPOSE OF PERMITTING PAYMENT FOR 96 HOURS OF CURRENT ACCRUED ANNUAL LEAVE IN HIS ACCOUNT AS OF JUNE 20, 1970, TOGETHER WITH THE ACCRUALS THEREON INCIDENT TO AN EXTENSION OF HIS PAY STATUS. IT APPEARS THAT THE CORRECTED SEPARATION DATE WILL ALSO RESULT IN HIS ENTITLEMENT TO 8 HOURS FOR A HOLIDAY (LABOR DAY, SEPTEMBER 7, 1970).

ADVICE OF THE ABOVE CHANGES SHOULD BE FORWARDED TO THE CIVIL SERVICE COMMISSION FOR CORRESPONDING ADJUSTMENTS IN HIS RETIREMENT ACCOUNT. MR. HAWLEY HAS BEEN FURNISHED A COPY OF THIS LETTER.