Review of Decisions Regarding Restoration of Forfeited Annual Leave

B-197438(JAB): Published: Mar 12, 1980. Publicly Released: Mar 12, 1980.

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A review was requested of certain Comptroller General decisions on the restoration of forfeited annual leave. It was felt that these decisions were based upon an erroneous interpretation of the law, and on a definition of administrative error that was not intended by Congress. GAO based the decisions on the congressional intention that restoration of leave would be authorized if the leave were lost through no fault of the employee, but would not be authorized if the leave were lost because the employee chose of his own volition not to use the leave. In light of that intention, GAO does not believe that an agency may cause an employee to forfeit leave by failing to schedule it or to present the matter to the proper official for a public exigency determination. An agency's failure to take one of these actions is properly considered an administrative error. Additionally, such failure to act is in derogation of an employee's statutory right to restoration of leave.

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