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SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR ANNUAL LEAVE WHICH YOU WERE REQUIRED TO FORFEIT IN CONNECTION WITH YOUR EMPLOYMENT IN 1954. IT APPEARS TO REITERATE YOUR PREVIOUS CONTENTION THAT THE ADMINISTRATIVE ACTION IN DENYING YOU PERMISSION TO USE YOUR EXCESS ANNUAL LEAVE DURING THE YEAR 1954 WAS CONTRARY TO LAW. YOU CONTEND THAT THE EFFECT OF SUCH DENIAL OF LEAVE WAS THAT YOU WERE "REQUIRED TO WORK IN EXCESS OF 40 HOURS PER WEEK" DURING THE PERIOD INVOLVED SO AS TO BE ENTITLED TO OVERTIME COMPENSATION. IT WAS EXPLAINED IN OUR DECISION OF MARCH 9. THAT THE DENIAL OF ANNUAL LEAVE IS A PREROGATIVE OF THE PARTICULAR ADMINISTRATIVE AGENCY INVOLVED. OUR OFFICE IS WITHOUT AUTHORITY TO QUESTION THE ACTION OF AN AGENCY WHICH REFUSES TO GRANT AN EMPLOYEE ANNUAL LEAVE.

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B-126600, MAY 24, 1956

TO MR. LEROY R. BAILEY:

YOUR LETTER OF MARCH 19, 1956, REQUESTS RECONSIDERATION OF OUR DECISION OF MARCH 9, 1956, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR ANNUAL LEAVE WHICH YOU WERE REQUIRED TO FORFEIT IN CONNECTION WITH YOUR EMPLOYMENT IN 1954, AS A CIVILIAN EMPLOYEE AT FORT SAM HOUSTON, TEXAS, AND KELLY FIELD AIR FORCE BASE, TEXAS.

YOUR LETTER PRESENTS NO NEW OR MATERIAL FACTS NOT HERETOFORE CONSIDERED. RATHER, IT APPEARS TO REITERATE YOUR PREVIOUS CONTENTION THAT THE ADMINISTRATIVE ACTION IN DENYING YOU PERMISSION TO USE YOUR EXCESS ANNUAL LEAVE DURING THE YEAR 1954 WAS CONTRARY TO LAW. ALSO, YOU CONTEND THAT THE EFFECT OF SUCH DENIAL OF LEAVE WAS THAT YOU WERE "REQUIRED TO WORK IN EXCESS OF 40 HOURS PER WEEK" DURING THE PERIOD INVOLVED SO AS TO BE ENTITLED TO OVERTIME COMPENSATION.

IT WAS EXPLAINED IN OUR DECISION OF MARCH 9, 1956, TO YOU, THAT THE DENIAL OF ANNUAL LEAVE IS A PREROGATIVE OF THE PARTICULAR ADMINISTRATIVE AGENCY INVOLVED. OUR OFFICE IS WITHOUT AUTHORITY TO QUESTION THE ACTION OF AN AGENCY WHICH REFUSES TO GRANT AN EMPLOYEE ANNUAL LEAVE.

REGARDING YOUR STATEMENT THAT THE DENIAL OF LEAVE HAD THE EFFECT OF REQUIRING YOU TO WORK IN EXCESS OF 40 HOURS PER WEEK SO AS TO ENTITLE YOU TO OVERTIME COMPENSATION, YOU ARE ADVISED THAT SECTION 201 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AND THE REGULATION IN THE FEDERAL PERSONNEL MANUAL (CITED IN OUR DECISION OF MARCH 9, 1956), PROVIDING FOR OVERTIME COMPENSATION, ARE NOT SUSCEPTIBLE OF THE INTERPRETATION PLACED THEREON BY YOU. SUCH AUTHORITY CONTEMPLATES PAYMENT OF OVERTIME ONLY FOR HOURS OF ACTUAL EMPLOYMENT IN EXCESS OF 40 HOURS IN AN ADMINISTRATIVE WORKWEEK. THERE IS NOTHING IN THE RECORD TO INDICATE THAT YOU WERE REQUIRED TO WORK MORE THAN 40 HOURS PER WEEK DURING THE PERIOD INVOLVED.

ACCORDINGLY, WE MUST ADVISE YOU THAT OUR DECISION OF MARCH 9, 1956, IS CORRECT AND MUST BE SUSTAINED.

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