B-181363, AUG 23, 1974

B-181363, AUG 23, 1974

EMPLOYEE, WHO PERFORMED TEMPORARY DUTY IN CALIFORNIA ON THURSDAY, DEPARTED AT 7:30 P.M. AND ARRIVED AT HIS RESIDENCE IN VIRGINIA AT 11:15 A.M. FRIDAY, WAS CHARGED 4 HOURS OF ANNUAL LEAVE BECAUSE HE DID NOT REPORT FOR WORK ON FRIDAY AFTERNOON. HE IS ENTITLED TO THE RESTORATION OF ANNUAL LEAVE CHARGED SINCE, BEING ENTITLED TO A NORMAL PERIOD OF REST, HE COULD HAVE REMAINED OVER-NIGHT IN CALIFORNIA AND RETURNED TO HIS OFFICIAL STATION DURING NORMAL WORKING HOURS ON FRIDAY.

FELIX H. CAUDILL - REST PERIOD FOLLOWING LONG PERIOD OF TRAVEL:

BY LETTER OF MAY 10, 1974, A REQUEST WAS MADE BY AN ACCOUNTING AND FINANCE OFFICER FOR A DECISION CONCERNING THE ENTITLEMENT OF MR. FELIX H. CAUDILL, AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, TO THE RESTORATION OF 4 HOURS OF ANNUAL LEAVE CHARGED FOR HIS ABSENCE FROM REGULAR DUTY ON FRIDAY AFTERNOON, APRIL 12, 1974.

MR. CAUDILL WAS ORDERED TO TRAVEL FROM HIS RESIDENCE IN COLONIAL HEIGHTS, VIRGINIA, TO MONTEREY, CALIFORNIA, AND RETURN, TO ATTEND THE DEFENSE MANAGEMENT SYSTEM COURSE. THE COURSE WAS COMPLETED ON THURSDAY, APRIL 11, 1974, ONE DAY EARLIER THAN WAS ANTICIPATED. THE EMPLOYEE CHOSE TO DEPART FROM MONTEREY THAT DAY, LEAVING AT 7:30 P.M. AND ARRIVING AT HIS RESIDENCE IN COLONIAL HEIGHTS, VIRGINIA, AT 11:15 A.M. THE FOLLOWING DAY, FRIDAY, APRIL 12. SINCE APRIL 12 WAS IN HIS NORMAL TOUR OF DUTY, HE WAS ADMINISTRATIVELY CHARGED FOR 4 HOURS OF ANNUAL LEAVE FOR THE AFTERNOON OF THAT DAY WHEN HE DID NOT PERFORM HIS REGULAR DUTIES. MR. CAUDILL REQUESTS THE RESTORATION OF THE 4 HOURS OF ANNUAL LEAVE.

ALTHOUGH CHARGES OF LEAVE ARE PRIMARILY MATTERS FOR THE AGENCY'S ADMINISTRATIVE OFFICE, OUR OFFICE WILL IN AN APPROPRIATE FACTUAL SITUATION DISAPPROVE AN UNWARRANTED CHARGE OF ANNUAL LEAVE. 39 COMP. GEN. 250 251. REGARDING THE TIME OF TRAVEL 5 CFR 610.123 PROVIDES THAT INSOFAR AS PRACTICABLE TRAVEL DURING NONDUTY HOURS WILL NOT BE REQUIRED OF AN EMPLOYEE. IN THIS CONNECTION WE HELD IN 51 COMP. GEN. 364 (1971), THAT AN EMPLOYEE ATTENDING A CONFERENCE IN CHICAGO WHICH ENDED AT 4 P.M. ON A FRIDAY COULD DELAY HIS RETURN TRIP TO LOS ANGELES UNTIL THE NEXT MORNING WHERE THE TRAVEL WOULD REQUIRE 6 HOURS. MOREOVER, IT HAS BEEN HELD THAT THE TRAVEL REGULATIONS ARE NOT ORDINARILY REGARDED AS REQUIRING TRAVEL DURING PERIODS OF REST IF SLEEPING ACCOMMODATIONS ARE NOT AVAILABLE. 164709, AUGUST 1, 1968.

IN CASES INVOLVING LONG FLIGHTS AND THE RIGHT TO REASONABLE HOURS OF REST, EACH CASE MUST BE DECIDED ON ITS OWN MERITS. B-164709, SUPRA. IN THE INSTANT CASE MR. CAUDILL PERFORMED TEMPORARY DUTY AT MONTEREY, CALIFORNIA, ON APRIL 11 AND TRAVELED HOME DURING THE NIGHT WITHOUT THE BENEFIT OF SLEEPING ACCOMMODATIONS. ALSO, THE RECORD INDICATES THAT MR. CAUDILL COULD HAVE STAYED IN CALIFORNIA THE NIGHT OF APRIL 11 AT GOVERNMENT EXPENSE AND TRAVELED HOME ON APRIL 12. IF HE HAD DONE SO, IT APPEARS THAT HE WOULD HAVE BEEN IN TRAVEL STATUS DURING HIS NORMAL WORKING HOURS. UNDER THE CIRCUMSTANCES OF THIS CASE THE REST PERIOD ON FRIDAY AFTERNOON MAY BE CONSIDERED TO BE IN PLACE OF THE OVERNIGHT STAY IN CALIFORNIA TO WHICH MR. CAUDILL WAS ENTITLED. THEREFORE, THE 4 HOURS OF ANNUAL LEAVE CHARGED TO HIM SHOULD BE RESTORED.