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B-182549 1 (1975-08-22)

handle is hein.gao/gaobadcnm0001 and id is 1 raw text is: 



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         THE   COMPTROLLER GENERAL
.4 ~~IOF THE UNITED STATES
       $i/WASHINGTON, D.C. 20548
           _41o'


FILE:  B-182549


DATE:


AUG  2 2 ITS


q  ?Vrk


MATTER OF: Jossph A. Seymour - Claim for floliday Pay,
               or  Pestoration of Fort eite. nnual Leave


DIGEST:


Vhera em ploye tskes tnnual leava for remainder of
leave year (13 dzys) but is echzred for only 11 days
because 2 additioaal holidays were declared by
Executiv~e order during that period, there is no
authority to restore 6 hours of forfeited ar-nual
leava in excess of statutory limit of 240 houra for
carry over in~to next lea~ve yaar. In addition, there
is no &uthority to nuthorize ho~lida~y pay tfo 2 ad-
ditional holidays if criployea did not perfotn work
on those daya.


     This action is a recoznidoration of the denUi  on Septem-ar 4,
1974, b7 the ITTansPortaticn ruld Claiizs Divizion of ouy Office, of
the claira of 11r. Josph A. Scy-Mur for either holiday pay or
recreditings ot annual leave for 2 additional holidnys dcalarad by
LOCUtiye  ordcr t.hilo PC! Its euus-. le-!  n  -.ct! e of the
Veteraris t.6iaictrction (W.). Tha clan  -for recredit-Znc. annual
I-cave w'as 6iscalioued beu..un-e such recreditirn1 %.,ould exccead tho
statutory limit for annuanl leave carry over from oae Icave year to
the next.

     Hlr. Se~mour, an etu-mloyea of the VA  hoptl  ines, lllirnois,
vao granted anuual lcunve frcm Dfaccmbcr 16, 1973, throur-a january 5,
1.974. D)uring this period of ti=,u 2 additional holidays were cla-
cl.ared by Executive Order 11750, dated' 1D ce:;-bar 14, 1973, for
R-onday, Dcember 24, and 11onday, Becet~bcr 31, 19-73. UJpon his
return to wrork, 11r. Seytnour says he vas iniorcd thnst he had
lost 16 1hotlrz of, oarinua1 leave becausa of the 2 additional
holidays.  7-he cj~r_.-.at also notes that thosec ~ployaas cheduled
to wovrk thosa 2 holidv,-a rccaivcd holiday pny, and ho asks that
he bo givan son'a coan-idcrntion for these 2 hol-idays,

     The 71i haa reported tha.t HIr. Saym-ur had a balance of 238 1hourn
of annual leave at the end of leave yenr 1972 and that he accrued
200 hourro during lenve year 1971. T1he cdministrativc report in.-
dicatots that 1Mr. Seytnour vas char~r od with uzling 200 hoors of anial
leave durir.-, leaV0 VC31: 1973, but: M1r. Scyr~iur arguns, in his letter
of Septc-,ber 24, 1974, that ha UJsed 216 hours. The diacrepancy in


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