B-171947, AUG 30, 1972
Highlights
MAY NOT HAVE FORFEITED ANNUAL LEAVE RECREDITED TO HIS ACCOUNT NOR MAY HE BE PAID A LUMP SUM PAYMENT FOR SUCH LEAVE. THERE IS NO AUTHORITY FOR PAYMENT FOR. THIS IS SO WHETHER THE FORFEITURE OCCURRED BY REASON OF ADMINISTRATIVE ERROR. SAUVAGE IS NOT ENTITLED TO A RECREDIT OF THE LEAVE IN QUESTION NOR WOULD HE BE ENTITLED TO A LUMP-SUM PAYMENT FOR SUCH LEAVE. HIS LEAVE HISTORY WAS TRANSFERRED TO ACTION IN DECEMBER OF 1971 AND ENTERED IN THE LEAVE FILES. THE TIMEKEEPER IN THE SEATTLE OFFICE WAS INFORMED BY THE ACTION PAYROLL OFFICE OF A CORRECTION IN THE LEAVE BALANCE FOR MR. SAUVAGE QUESTIONED THE TIMEKEEPER IN LATE DECEMBER ON HIS LEAVE BALANCE AND HE WAS ASSURED THAT HE WAS NOT OVER THE CEILING AND WOULD NOT FORFEIT ANY LEAVE.
B-171947, AUG 30, 1972
CIVILIAN EMPLOYEE - ANNUAL LEAVE - FORFEITURE DECISION THAT CHARLES SAUVAGE, A FORMER EMPLOYEE OF ACTION, MAY NOT HAVE FORFEITED ANNUAL LEAVE RECREDITED TO HIS ACCOUNT NOR MAY HE BE PAID A LUMP SUM PAYMENT FOR SUCH LEAVE. THERE IS NO AUTHORITY FOR PAYMENT FOR, OR RECREDIT OF, ANNUAL LEAVE WHICH MAY BE FORFEITED BY REASON OF THE OPERATION OF 5 U.S.C. 6304. THIS IS SO WHETHER THE FORFEITURE OCCURRED BY REASON OF ADMINISTRATIVE ERROR, SUCH AS HERE, OR OTHERWISE. THEREFORE, MR. SAUVAGE IS NOT ENTITLED TO A RECREDIT OF THE LEAVE IN QUESTION NOR WOULD HE BE ENTITLED TO A LUMP-SUM PAYMENT FOR SUCH LEAVE.
TO MR. JOSEPH H. BLATCHFORD:
THIS REFERS TO LETTER OF JULY 25, 1972, FROM MR. DENIS WORLEY, DIRECTOR, ACCOUNTING DIVISION OF ACTION, REQUESTING A DECISION FROM OUR OFFICE WHETHER YOUR AGENCY MAY RECREDIT FORFEITED ANNUAL LEAVE TO THE LEAVE ACCOUNT OF A FORMER EMPLOYEE AND PAY HIM A LUMP-SUM PAYMENT FOR SUCH LEAVE.
THE INFORMATION FURNISHED SHOWS THAT MR. CHARLES SAUVAGE, AN EMPLOYEE IN YOUR SEATTLE REGIONAL OFFICE, TRANSFERRED IN A MASS TRANSFER FROM THE OFFICE OF ECONOMIC OPPORTUNITY TO ACTION IN JULY 1971. HIS LEAVE HISTORY WAS TRANSFERRED TO ACTION IN DECEMBER OF 1971 AND ENTERED IN THE LEAVE FILES. SHORTLY BEFORE THE CALENDAR YEAR, THE TIMEKEEPER IN THE SEATTLE OFFICE WAS INFORMED BY THE ACTION PAYROLL OFFICE OF A CORRECTION IN THE LEAVE BALANCE FOR MR. SAUVAGE. THE TIMEKEEPER FAILED BOTH TO INFORM MR. SAUVAGE OF THE CHANGE AND FAILED TO MAKE THE CORRECTION IN THE RECORDS. MR. SAUVAGE QUESTIONED THE TIMEKEEPER IN LATE DECEMBER ON HIS LEAVE BALANCE AND HE WAS ASSURED THAT HE WAS NOT OVER THE CEILING AND WOULD NOT FORFEIT ANY LEAVE. IT WAS NOT UNTIL MR. SAUVAGE WAS BEING PROCESSED FOR TERMINATION IN MAY 1972 THAT IT WAS DISCOVERED THAT HE HAD BEEN OVER THE LIMIT OF 240 HOURS ON JANUARY 8, 1972, AND HAD FORFEITED 21 HOURS ANNUAL LEAVE.
5 U.S.C. 6304 PERTAINING TO THE ACCUMULATION OF ANNUAL LEAVE PROVIDES THAT:
"(A) EXCEPT AS PROVIDED BY SUBSECTION (B) OF THIS SECTION, ANNUAL LEAVE PROVIDED BY SECTION 6303 OF THIS TITLE, WHICH IS NOT USED BY AN EMPLOYEE, ACCUMULATES FOR USE IN SUCCEEDING YEARS UNTIL IT TOTALS NOT MORE THAN 30 DAYS AT THE BEGINNING OF THE FIRST FULL BIWEEKLY PAY PERIOD, OR CORRESPONDING PERIOD FOR AN EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS, OCCURRING IN A YEAR."
WE HAVE HELD THAT THERE IS NO AUTHORITY FOR PAYMENT FOR, OR RECREDIT OF, ANNUAL LEAVE WHICH MAY BE FORFEITED BY REASON OF THE OPERATION OF THE ABOVE PROVISION OF LAW. THIS IS SO WHETHER THE FORFEITURE OCCURRED BY REASON OF ADMINISTRATIVE ERROR, SUCH AS HERE, OR OTHERWISE. THEREFORE, MR. SAUVAGE IS NOT ENTITLED TO A RECREDIT OF THE LEAVE IN QUESTION NOR WOULD HE BE ENTITLED TO A LUMP-SUM PAYMENT FOR SUCH LEAVE.