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B-213380 1 (1984-08-20)

handle is hein.gao/gaobadlvw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OP THE UNITE STATE WA6HINQTON. O.C. 2054U FILE: B-213380 DATE: August 20, 1984 MATTER OF: William Corcoran -- Forfeiture of Restored Annual Leave DIGEST: An employee has no rights to further restoration and lump-sum payment of unused forfeited and restored 1977 leave, which was forfeited again at the end of the 1980 leave year. Although agency personnel gave him erroneous advice concerning his restored leave and failed to fix the date, as required by the regu- lations, for the running of the 2 years in which to use-or-lose his restored leave, no legal authority exists for further restoration of leave once forfeited a second time. Mr. William Corcoran, a retired employee of the Department of Energy (DOE), has appealed Claims Settlement No. Z-2837607, dated April 23, 1982, issued by our Claims Group, which denied his request for lump-sum payment of 184 hours of restored leave. The issue on appeal is whether the 2-year time limit in which the employee must use-or-lose his restored leave may be waived when agency personnel repeatedly gave him erroneous advice and failed to specify the time limits for use of the restored leave. We hold that no legal authority exists to permit retention or payment of restored leave after the 2-year period runs since employees are charged with constructive knowledge of statutory provisions and of their implementing regula- tions. Failure of an agency to counsel their employees properly regarding their rights to restored leave is not administrative error, absent a specific agency regulation requiring such counseling. BACKGROUND The facts, drawn from the record, are as follows. In November 1977, Mr. Corcoran scheduled 200 hours of annual leave from November 17, 1977 to December 30, 1977. When it appeared that major programmatic requirements required Mr. Corcoran's continued presence at the agency,

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