Restoration of Forfeited Annual Leave

An employee of the National Aeronautics and Space Administration (NASA) requested reconsideration of the disallowance of his claim for restoration of 102 hours of annual leave forfeited at the close of the 1974 leave year. The claimant received an on-the-job injury in October 1973. Due to this injury, he was in and out of work and later retired in September 1976 due to disability from the injury. During his initial period of convalescence, the claimant used both sick and annual leave to remain in pay status. The claimant requested that sick leave be substituted for the 72 hours of annual leave on the basis of forfeiture regulations. The claimant alleged administrative error because NASA approved his request to use annual leave instead of sick leave for an illness and did not counsel him relative to the provisions of law requiring leave forfeiture and compensation for the job injury. The employee should not have forfeited the 102 hours of annual leave in 1974 and should have received pay for 342 hours of accrued leave upon retirement. Accordingly, the claimant should receive payment for 102 hours of accrued leave.