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B-201156 1 (1981-03-16)

handle is hein.gao/gaobacuuj0001 and id is 1 raw text is: 




United States General Accounting Office         Office of
Washington, DC 20548                               General Counsel
                                                   In Reply
                                    MAR6   f       Referto: B-201156



   Dr. Omer K. Petty
   Route 9, Carrie Ann  Circle
   Poplar Bluff, Missouri  63901

   Dear Dr. Petty:

        We refer  to your correspondence dated October 21, 1980,
   concerning the  scheduling and use of your annual leave.

        Your submission  shows that you are employed as Chief,
   Dental Service,  at the Veterans Administration (VA) Medical
   Center  in Poplar Bluff, Missouri.0o You advise that you have
   been denied  annual leave on numerous occasions on the basis
   that your presence  at the hospital is required for patient
   care needs  and you question the hospital Director's authority
   to require you  to use your annual leave in minimum amounts
   of 4 days.

        *You ask for our views on the Limitations placed on yetar
   use of annual  leave. You cite Comptroller General decisions
   B-188284, March   ,1978,  57 Comp. Gen. 325; and B-189085,
   April 3,  1978, which you understand protect an employee's
   right to  use annual leave at his discretion.

        Your  appointment as a dentist with the VA was apparently
   pursuant  to 38 U.S.C. 9 4104, which in pertinent part provides
   the Administrator  of the VA authority to appoint physicians,
   dentists,  and nurses for the medical care of veterans.
   Subsection  4108(a) of title 38, United States Code, provides
   in pertinent  part as follows:

              (a) Notwithstanding any law, Executive
         order, or regulation, the Administrator shall
         prescribe by regulation the hours and conditions
         of employment and leaves of absence of physicians,
         dentists * * * appointed to the Department of
         Medicine and Surgery.

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