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THERE IS NO AUTHORITY TO PERMIT THE USE OF ANNUAL LEAVE DURING THE 1973 LEAVE YEAR WHICH RESULTED FROM THE FACT THAT DECEMBER 28 WAS TREATED AS A HOLIDAY. WAS DECLARED A DAY OF MOURNING AS A MARK OF RESPECT FOR THE LATE PRESIDENT HARRY S. SINCE FEDERAL EMPLOYEES WERE GIVEN A HOLIDAY ON THURSDAY. YOU WERE NOT CHARGED LEAVE FOR THAT DAY. YOU WERE NOT ABLE TO USE THE ADDITIONAL 8 HOURS OF ANNUAL LEAVE WHICH RESULTED BEFORE THE END OF THE LEAVE YEAR BECAUSE YOU HAD ALREADY SCHEDULED ANNUAL LEAVE FOR THE BALANCE OF THAT YEAR AND SINCE YOU WERE TO CARRY OVER A MAXIMUM BALANCE OF ANNUAL LEAVE INTO THE 1973 LEAVE YEAR UNDER YOUR ORIGINAL SCHEDULE THAT ADDITIONAL 8 HOURS OF ANNUAL LEAVE WAS FORFEITED.

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B-177850, APR 4, 1973

CIVILIAN EMPLOYEE - FORFEITURE OF ANNUAL LEAVE - DAY OF MOURNING FOR PRESIDENT TRUMAN CONCERNING THE FORFEITURE OF 8 HOURS ANNUAL LEAVE BY AARON FELDMAN AS A RESULT OF THE DECLARING OF DECEMBER 28, 1972 AS A DAY OF MOURNING FOR THE LATE PRESIDENT HARRY S. TRUMAN. THERE IS NO AUTHORITY TO PERMIT THE USE OF ANNUAL LEAVE DURING THE 1973 LEAVE YEAR WHICH RESULTED FROM THE FACT THAT DECEMBER 28 WAS TREATED AS A HOLIDAY. SEE B-177850, MARCH 15, 1973.

TO MR. AARON FELDMAN:

WE REFER TO YOUR LETTER RECEIVED FEBRUARY 20, 1973, CONCERNING YOUR FORFEITURE OF 8 HOURS ANNUAL LEAVE AT THE BEGINNING OF THE CURRENT LEAVE YEAR AS A RESULT OF THE FACT THAT DECEMBER 28, 1972, WAS DECLARED A DAY OF MOURNING AS A MARK OF RESPECT FOR THE LATE PRESIDENT HARRY S. TRUMAN IN THE CIRCUMSTANCES SET OUT BELOW.

YOU INDICATE THAT AS AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY, DEPARTMENT OF DEFENSE, NEW YORK, NEW YORK, YOU SCHEDULED YOUR ANNUAL LEAVE FOR THE 1972 LEAVE YEAR SO THAT YOU WOULD BE OFF THE LAST WEEK OF THAT YEAR AND FOR AT LEAST PART OF THE PRECEDING WEEK. HOWEVER, SINCE FEDERAL EMPLOYEES WERE GIVEN A HOLIDAY ON THURSDAY, DECEMBER 28, YOU WERE NOT CHARGED LEAVE FOR THAT DAY. YOU WERE NOT ABLE TO USE THE ADDITIONAL 8 HOURS OF ANNUAL LEAVE WHICH RESULTED BEFORE THE END OF THE LEAVE YEAR BECAUSE YOU HAD ALREADY SCHEDULED ANNUAL LEAVE FOR THE BALANCE OF THAT YEAR AND SINCE YOU WERE TO CARRY OVER A MAXIMUM BALANCE OF ANNUAL LEAVE INTO THE 1973 LEAVE YEAR UNDER YOUR ORIGINAL SCHEDULE THAT ADDITIONAL 8 HOURS OF ANNUAL LEAVE WAS FORFEITED.

IN RECENT DECISIONS TO TWO INDIVIDUALS ALSO EMPLOYED BY THE DEFENSE SUPPLY AGENCY IN NEW YORK WE HELD THAT THERE WAS NO AUTHORITY TO PERMIT THE USE OF EXCESS ANNUAL LEAVE WHICH RESULTED FROM THE FACT THAT DECEMBER 28, 1972, WAS TREATED AS A HOLIDAY, DURING THE 1973 LEAVE YEAR. SEE B- 177850, MARCH 15, 1973, COPY ENCLOSED. SINCE YOUR CASE INVOLVES THE SAME CIRCUMSTANCES AS WERE CONSIDERED IN THOSE DECISIONS THERE IS NO AUTHORITY UNDER WHICH YOU MAY NOW RECEIVE CREDIT FOR THE FORFEITED ANNUAL LEAVE.

WE REGRET THAT WE ARE UNABLE TO PROVIDE A MORE FAVORABLE ANSWER TO YOUR REQUEST.

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