B-121757, OCT. 13, 1955
Highlights
RICHARD HELLMAN: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 18. THAT THESE WERE LOSSES OF LEAVE ACTUALLY EARNED BUT WHICH WERE NOT IN EXCESS ON THE DATES NOTED. PURSUANT THERETO YOU POSE THE QUESTION WHETHER THE COMPTROLLER GENERAL HAS THE DISCRETION TO MODIFY SUCH DECISION SO AS TO GIVE YOU A REASONABLE TIME THEREAFTER TO USE THE 11 1/2 DAYS OF ANNUAL LEAVE WHICH ARE OTHERWISE LOST. ANY LEAVE UNUSED AT THE END OF THE LEAVE YEAR WHICH IS IN EXCESS OF THAT MAXIMUM ACCUMULATION IS FORFEITED.
B-121757, OCT. 13, 1955
TO MR. RICHARD HELLMAN:
REFERENCE IS MADE TO YOUR LETTER OF AUGUST 18, 1955, STATING THAT OUR DECISION OF MARCH 16, 1955, TO MRS. MURIEL B. SCOTT, AUTHORIZED CERTIFYING OFFICER, CONCERNING YOUR CASE HAS RESULTED IN THE RESTORATION OF 23 DAYS OF ANNUAL LEAVE TO YOU RETROACTIVE TO JULY 1, 1953, BUT THAT BECAUSE OF THE CONSIDERABLE DELAY IN TIME YOU LOST APPROXIMATELY 7 DAYS OF ANNUAL LEAVE IN EXCESS OF THE ALLOWED CARRY OVER OF 30 DAYS ON DECEMBER 31, 1953, AND ANOTHER 4 1/2 DAYS FOR THE SAME REASON ON DECEMBER 31, 1953 (DECEMBER 31, 1954), AND THAT THESE WERE LOSSES OF LEAVE ACTUALLY EARNED BUT WHICH WERE NOT IN EXCESS ON THE DATES NOTED. PURSUANT THERETO YOU POSE THE QUESTION WHETHER THE COMPTROLLER GENERAL HAS THE DISCRETION TO MODIFY SUCH DECISION SO AS TO GIVE YOU A REASONABLE TIME THEREAFTER TO USE THE 11 1/2 DAYS OF ANNUAL LEAVE WHICH ARE OTHERWISE LOST.
SECTION 203 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 67 STAT. 137, 5 U.S.C. 2062 (C), PROVIDES THAT ANNUAL LEAVE SHALL ACCUMULATE UNTIL IT TOTALS NOT TO EXCEED THIRTY DAYS AT THE BEGINNING OF THE FIRST COMPLETE BIWEEKLY PAY PERIOD OCCURRING IN ANY YEAR. ANY LEAVE UNUSED AT THE END OF THE LEAVE YEAR WHICH IS IN EXCESS OF THAT MAXIMUM ACCUMULATION IS FORFEITED, AND WHEN SO FORFEITED IT CANNOT BE RECREDITED TO THE EMPLOYEE, IRRESPECTIVE OF THE REASON FOR THE FAILURE TO MAKE USE OF SUCH LEAVE. 32 COMP. GEN. 162.