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B-197438(JAB) 1 (1980-03-12)

handle is hein.gao/gaobabjry0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply Referto: B-197438 (JAB) March 12, 1980 Mr. Alvin Schlossman 12608 Montclair Drive Silver Spring, Maryland 20904 - Dear Mr. Schlossman: Your letter of January 2, 1980, to Mr. E mer B. Staats, Comptroller General of the United States, as been forwarded to us by Congressman Michael S. Barnez_ Y6u have requested that we reviewc -YeI- ain Comptroller General~ ecisions regarding restoration of forfeited annual leavelwhich you believe are based upon an erroneous interpretation of law. The decisions you cited are William D. Norsworthy, B-188284, 57 Comp. Gen. 325 (1978) and John Connor, B-189085, April 3, 1978. In those decisions we held that when an employee submits a formal and timely request for leave the agency must approve the leave either at the time requested by the employee, or, if that is not possible because of the agency's work load, at some other time. Where the leave is denied due to a public exigency we held that the agency must submit the matter to the designated official for his determination that an exigency in fact exists. We stated that agency failure to schedule the requested leave or to present the case to the proper official for a determination of a public exigency is administrative error and, that if an employee dem- onstrates that but for such administrative error he would be entitled to restoration of forfeited leave under 5 U.S.C. 6304(d)(1)(B), such leave may be restored under 5 U.S.C. 6304(d)(1)(A). Section 6304(d)(1) of Title 5 provides that: Annual leave which is lost by operation of this section because of (A) administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960; @ oo03<

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