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[Restoration of Annual Leave]

B-205709 Mar 16, 1983
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Highlights

The Department of Labor requested a decision as to whether a Federal employee may have regular and restored annual leave recredited to his account since he had bought it back upon his acceptance of compensation under the Federal Employee's Compensation Act. The employee was absent from work due to an extended illness; he had bought back regular and restored annual leave time, which had been forfeited from the previous year, and used it to compensate for the lost time at his job. Subsequent to a ruling that the employee had been eligible for Workmen's Compensation, he requested that the leave time be restored to his account. However, Labor informed him that he had forfeited the leave time. The employee contended that he would not have bought back the leave time had he been apprised of the possibility that it would be forfeited. GAO held that, although employees are not normally allowed restoration of bought leave time, it is the responsibility of Labor to inform an employee of the possible forfeiture. Accordingly, the employee was entitled to receive the amount of annual leave that was forfeited. GAO also recommended that the Office of Personnel Management provide Federal agencies with detailed guidance pertaining to the administration of buy back of leave.

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