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LEAVES OF ABSENCE - ANNUAL - ACCRUAL - MAXIMUM LIMITATION - FORFEITURE BY OPERATION OF LAW DIGEST: A PERSONNEL OFFICER OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS (ACIR) ASKS WHETHER THE ACIR EXECUTIVE DIRECTOR IS ENTITLED TO CARRY OVER FROM ONE LEAVE YEAR TO THE NEXT ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS? THE ACIR EXECUTIVE DIRECTOR IS NOT ENTITLED TO CARRY OVER FROM ONE LEAVE YEAR TO THE NEXT ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS. IN WHICH YOU ASKED WHETHER THE PRESENT INCUMBENT OF THE POSITION OF EXECUTIVE DIRECTOR OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS (ACIR) IS ENTITLED TO CARRY OVER FROM ONE LEAVE YEAR TO THE NEXT ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS.

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B-221664, APR 29, 1986, OFFICE OF GENERAL COUNSEL

LEAVES OF ABSENCE - ANNUAL - ACCRUAL - MAXIMUM LIMITATION - FORFEITURE BY OPERATION OF LAW DIGEST: A PERSONNEL OFFICER OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS (ACIR) ASKS WHETHER THE ACIR EXECUTIVE DIRECTOR IS ENTITLED TO CARRY OVER FROM ONE LEAVE YEAR TO THE NEXT ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS? WE CONCLUDE THAT 42 U.S.C. SEC. 4276 (1982), SUBJECTS THE ACIR EXECUTIVE DIRECTOR TO THE SAME 240-HOUR ANNUAL LEAVE ACCUMULATION LIMITATIONS OF 5 U.S.C. SEC. 6304 (1982) AS OTHER FEDERAL EMPLOYEES. THEREFORE, EXCEPT AS OTHERWISE PROVIDED BY SECTION 6304, THE ACIR EXECUTIVE DIRECTOR IS NOT ENTITLED TO CARRY OVER FROM ONE LEAVE YEAR TO THE NEXT ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS.

MS. ESTHER FRIED:

PERSONNEL OFFICER

ADVISORY COMMISSION ON

INTERGOVERNMENTAL RELATIONS

WASHINGTON, D.C. 20575

THIS RESPONDS TO YOUR LETTER DATED JANUARY 8, 1986, IN WHICH YOU ASKED WHETHER THE PRESENT INCUMBENT OF THE POSITION OF EXECUTIVE DIRECTOR OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS (ACIR) IS ENTITLED TO CARRY OVER FROM ONE LEAVE YEAR TO THE NEXT ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS. WE ARE NOT PROVIDING YOU WITH A FORMAL DECISION OF THE COMPTROLLER GENERAL AT THIS TIME; HOWEVER, WE BELIEVE THAT THE FOLLOWING ADVICE WILL BE DISPOSITIVE OF THE ISSUE PRESENTED.

YOU PROVIDED US WITH A COPY OF A MARCH 21, 1979, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (OPM) LETTER, WHICH FOUND THAT ACIR IS NOT-- AND CANNOT ELECT TO BE-- SUBJECT TO THE FEDERAL SENIOR EXECUTIVE SERVICE. SINCE OPM HAS DETERMINED THAT THE ACIR EXECUTIVE DIRECTOR IS NOT IN THE FEDERAL SENIOR EXECUTIVE SERVICE, THE EXCEPTION TO THE LIMITATION ON ACCUMULATION PROVIDED BY 5 U.S.C. SEC. 6304(F) (1982), FOR INDIVIDUALS IN THAT STATUS DOES NOT APPLY.

THE APPLICABILITY OF OTHER LAWS TO ACIR EMPLOYEES IS AS STATED IN 42 U.S.C. SEC. 4276(E) (1982), WHICH PROVIDES THAT: "EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, PERSONS IN THE EMPLOY OF THE COMMISSION (ACIR) UNDER SUBSECTION (C) AND (D)(1) OF THIS SECTION SHALL BE CONSIDERED TO BE FEDERAL EMPLOYEES FOR ALL PURPOSES, INCLUDING-- *** (3) ANNUAL AND SICK LEAVE." THE ACIR EXECUTIVE DIRECTOR IS "THE PERSON IN THE EMPLOY OF THE COMMISSION UNDER SUBSECTION (C)." SEE 42 U.S.C. SEC. 4276(C) (1982). SINCE THERE IS NO "PROVISION OTHERWISE IN THE CHAPTER," THE ACIR DIRECTOR IS SUBJECT TO THE SAME ANNUAL LEAVE LAWS THAT GOVERN OTHER FEDERAL EMPLOYEES.

UNDER 5 U.S.C SEC. 6304(A) (1982), A FEDERAL EMPLOYEE'S ANNUAL LEAVE IS LIMITED TO A MAXIMUM ACCUMULATION OF 30 DAYS (240 HOURS) AT THE BEGINNING OF THE FIRST FULL BIWEEKLY PAY PERIOD (OR CORRESPONDING PERIOD FOR AN EMPLOYEE NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS) OCCURRING IN A YEAR. ANY ANNUAL LEAVE FORFEITED BY OPERATION OF SECTION 6304(A) SHALL BE RESTORED TO THE EMPLOYEE UNDER 5 U.S.C. SEC. 6304(D) (1982), ONLY IF THE FORFEITURE RESULTS FROM ADMINISTRATIVE ERROR, EXIGENCIES OF PUBLIC BUSINESS WHEN THE ANNUAL LEAVE WAS SCHEDULED IN ADVANCE, OR SICKNESS OF THE EMPLOYEE WHEN THE ANNUAL LEAVE WAS SCHEDULED IN ADVANCE.

THEREFORE, WITH THE EXCEPTIONS MENTIONED ABOVE, IT DOES NOT APPEAR THAT THE ACIR EXECUTIVE DIRECTOR IS ENTITLED TO CARRY OVER FROM ONE LEAVE YEAR TO THE NEXT ANY ANNUAL LEAVE IN EXCESS OF 240 HOURS. COPIES OF THE STATUTES REFERRED TO ABOVE ARE ENCLOSED FOR YOUR CONVENIENCE. WE TRUST THAT THIS IS RESPONSIVE TO YOUR INQUIRY.

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