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Propriety of Annual Leave Charge Which Is Subject of Grievance

B-127474 Feb 09, 1979
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Highlights

Incident to Washington's Birthday holiday on Monday, February 20, 1978, an agency designated Tuesday, February 21st, as the day the holiday would be observed by employees whose workweek was Tuesday through Saturday. The employees observed this, but filed a grievance stating that the last workday of the previous week should have been the designated holiday. The employees claimed that they should be paid holiday premium pay for the last workday of the previous week and that they should be granted administrative leave for Tuesday, February 21. The Civil Service Commission agreed with the employees and stated that the agency was in error. The issue was whether the charge of annual leave for Tuesday, February 21st, may be restored to the employees' leave accounts, since there appeared to be no authority to support a charge to annual leave for the employees' required absence on Tuesday. GAO held that the charge of annual leave constitutes an unwarranted personnel action under the Back Pay Act. The agency should restore the annual leave which was charged to the employee leave accounts for Tuesday due to the agency's error in designating the "in lieu of" holiday for employees on a Tuesday through Saturday workweek. The agency may not charge an employee for annual leave to correct a management error in designating the employee's holiday.

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