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B-182608 1 (1975-02-27)

handle is hein.gao/gaobadcdz0001 and id is 1 raw text is: '4,. THE COMPTRULLER GENERAL ECISIom .OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-182608 DATE: FEB 2 7 1975 MATTER OF: Arden D. Raeffner - Annual leave restoration - Administrative error DIGEST: Employee resigned August 18, 1973, and forfeited 93 hours of annual leave in excess of maximum amount payable in lump sum under 5 U.S.C. 55551(a). Claim for payment for lost leave on basis that agency failure to inform employee of limitation is administrative error under Public Law No. 93-181, is denied since act provides relief only for annual leave lost by operation of 5 U.S.C. §6304, which limits annual leave carryover to new leave year. Hlowever, if employee's separation is determined by his agency not to be in conformance with established agency policy, applicable regulations, or intent of parties, no objection would be made to employee's restoration to rolls for purposes of payment of leave. This action is in response to a letter of Nlovember 1, 1974, from Orris C. 1uet, an authorized certifying officer of the United States Department of A-riculture, forwarding a memorandum from the Forest Service, Rocky Mountain Forest and Range Experiment Station, concerning the claim of 1r. Arden D. Hfaeffner, a former Forest Service employee. Mr. Haeffner claims reimbursement for that portion of his accrued annual leave balance not included in the lump-sum leave payment he received upon his resination on August 18, 1973. While he received reimbursement for 240 of the 333 hours of accrued annual leave to his credit at the time of his separation, he was required to forfeit 93 hours of annual leave pursuant to 5 U.S.C. §5551(a) (1970), which prohibits a lunp-sum payment for any accrued annual leave in excess of 30 days (240 hours) or the number of days carried over to an employee's credit at the beginning of the leave year. The Forest Service states that Mr. Haeffner was not informed of the above provision of law. Mr. Haeffner has maintained that he was unaware that he would not be reimbursed for all accrued annual leave to his credit upon his separation. Mr. Huet questions whether the failure of the Forest Service to so inform Mr. iaeffner constitutes an administrative error within the meaning of Public Law 21o. 93-131, 87 Stat. 705, approved December 14, 1973. If the answer to the preceding question is in the ne-ative, it is asked whether there is any reneral authority whereby the 93 hours of forfeited leave may be restored.

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