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WAS DECLARED A DAY OF MOURNING FOR THE LATE PRESIDENT HARRY S. REQUIRES THE FORFEITURE OF ALL ANNUAL LEAVE AT THE CLOSE OF A LEAVE YEAR WHICH IS IN EXCESS OF THE MAXIMUM PERMITTED BY LAW REGARDLESS OF THE REASON FOR THE EMPLOYEE'S FAILURE TO USE SUCH EXCESS LEAVE. 32 COMP. 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, MAR 15, 1973

CIVILIAN PAY - DAY OF MOURNING FOR PRESIDENT TRUMAN - FORFEITURE OF ANNUAL LEAVE CONCERNING THE FORFEITURE OF 8 HOURS ANNUAL LEAVE BY ISIDORE MENDELOWITZ AND MONTAGUE P. WHITE AS A RESULT OF THE FACT THAT DECEMBER 28, 1972, WAS DECLARED A DAY OF MOURNING FOR THE LATE PRESIDENT HARRY S. TRUMAN. SECTION 6304(A) OF TITLE 5 U.S.C. REQUIRES THE FORFEITURE OF ALL ANNUAL LEAVE AT THE CLOSE OF A LEAVE YEAR WHICH IS IN EXCESS OF THE MAXIMUM PERMITTED BY LAW REGARDLESS OF THE REASON FOR THE EMPLOYEE'S FAILURE TO USE SUCH EXCESS LEAVE. 32 COMP. GEN. 162 (1952).

TO MR. ISIDORE MENDELOWITZ:

WE REFER TO YOUR LETTER OF JANUARY 17, 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.

WITH RESPECT TO THE ACCUMULATION OF ANNUAL LEAVE 5 U.S.C. 6304(A) PROVIDES:

(A) EXCEPT AS PROVIDED BY SUBSECTION (B) OF THIS SECTION, ANNUAL LEAVE PROVIDED BY SECTION 6303 OF THIS TITLE, WHICH IS NOT USED BY AN EMPLOYEE, ACCUMULATES FOR USE IN SUCCEEDING YEARS UNTIL IT TOTALS NOT MORE THAN 30 DAYS AT THE BEGINNING OF THE FIRST FULL BIWEEKLY PAY PERIOD, OR CORRESPONDING PERIOD FOR AN EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS, OCCURRING IN A YEAR.

OUR OFFICE HAS CONSISTENTLY HELD THAT THE ABOVE-QUOTED PROVISION OF LAW REQUIRES THE FORFEITURE OF ALL ANNUAL LEAVE AT THE CLOSE OF A LEAVE YEAR WHICH IS IN EXCESS OF THE MAXIMUM PERMITTED BY LAW REGARDLESS OF THE REASON FOR THE EMPLOYEE'S FAILURE TO USE SUCH EXCESS LEAVE. 32 COMP. GEN. 162 (1952); 36 ID. 596 (1957).

THEREFORE, EVEN THOUGH YOUR ACCUMULATED ANNUAL LEAVE EXCEEDED THE MAXIMUM OF 240 HOURS BY 8 HOURS BECAUSE OF CIRCUMSTANCES BEYOND YOUR CONTROL, AS INDICATED ABOVE, THERE IS NO AUTHORITY TO PERMIT YOU TO USE THAT EXCESS LEAVE IN THE NEXT LEAVE YEAR.

WE REGRET THAT WE ARE UNABLE TO PROVIDE A MORE FAVORABLE ANSWER IN RESPONSE TO YOUR INQUIRY.

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