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B-180134 1 (1975-02-20)

handle is hein.gao/gaobadcek0001 and id is 1 raw text is: DECISION %olt. R r,. Ilk FILE: B-180134 THE COM TROLLk-A GENERAL OF TH UIITED STATES WASHINGTON. D. . 20548 DATE: FEB 9 n 1975 MATTER OF: Adjustment of compensatory time and annual leave accounts DIGEST: Claim that 1970 regulation requiring use of compensatory time prior to annual leave was applied retroactively and without notice, thus depriving employee of 70 hours leave is without foundation. Adjustment in leave account prior to effective date of that regulation was made based on previously effective regulation requiring use of compensatory time off within leave year in which it is earned. Adjustment in leave account based on 1970 regulation resulted only in reallocation of hours of leave between annual and compensatory time accounts without loss of any leave. By letter of April 8, 1974, Mr. MichaelJ. Bottigliero requests reconsideration of the action of our Transpo tation and Claims Division denying him reinstatement of or compensation for 70 hours of annual leave and compensatory time which he claims.was wrong- fully taken from him in the course of a leave audit performed in 1971. The leave audit in question covered the period from the end of the 1966 leave year, December 31, 1966, through September 18, 1971, and revealed that the Office of Economic Opportunity (OEO) had not maintained Mr. Bottigliero's leave account in accordance with applicable OEO instructions governing the taking of compen- satory time off. By Claims Settlement Certificate Z-2533742, dated March 12, 1974, M.r. Bottigliero was denied the requested reinstatement of or payment for leave. That determination by our Transportation and Claims Division was based on OEO instructions in effect after June 3, 1965. OEO Instruction No. 35,, dated June 3, 1965, provides in pertinent part that work officially directed and performed in excess of the basic 40 hours each week be compensated by overtime pay or compensatory time off and requires that all compensatory time off be taken within the leave year in which it is earned and will not normally exceed 80 hours accumulation at any time. While not superseding that instruction, OEO Instruction No. 2305-1, dated April 3, 1970, reiterates its requirement that compensatory time off may not be accumulated in excess of 80 hours at the end ( I

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