Restoration of Annual Leave

A Federal employee requested reconsideration of the determination that he was not entitled to restoration of annual leave. In disallowing the employee's claim, GAO found that he used, rather than forfeited, all but one hour of the leave in question and that the single hour was not subject to restoration. The leave and earnings statements supplied to the employee failed to reflect charges for leave used in 1966, but official leave records showed the correct yearend balance. On appeal, the claimant explained that his request was for leave forfeited in 1967 rather than 1966. He stated that the delay in deducting annual leave on his 1966 leave and earnings statements resulted in an apparent forfeiture of leave at the end of the 1966 leave year and, therefore, that the belated deduction of that leave on his 1967 leave and earnings statements had the effect of charging him twice for the same leave. He claimed that he was not permitted to take any leave during 1967 because his statements did not show that he had any use-or-lose leave and because of a demanding workload. As a result, he claimed he lost 158 hours of annual leave at the end of the 1967 leave year. He requested restoration under regulations requiring restoration of leave lost due to administrative error. The restoration request was denied by his employing agency. GAO held that the determination of administrative error was within the primary jurisdiction of the agency involved and that the agency's determination was consistent with relevant regulations. Accordingly, GAO sustained the agency decision.