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B-183804 1 (1975-11-14)

handle is hein.gao/gaobadctc0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-DATE: NOV 14 1975 -71 8-183804 MATTER OF: Franklin C. Appleby--Leave without Pay: Waiver of Erroneous Payment DIGEST: Employee seeks waiver of overpayment of pay resulting from erroneous crediting of leave account which was result of administrative error . by employee's supervisor without fraud, mis- representation, or lack of good faith, on part of employee. Supervisor directed employee to take leave and employee did not request leave for time in question. Overpayments of pay resulting from improper directive to take excessive leave are waived and any amounts repaid by employee may be refunded. See 4 C. F. R. 92. 5. This action is a response to an appeal by Mr. Franklin C. Appleby concerning his claim for payment for 152 hours of leave without pay charged to him during May and June 1973. Claimant requests reconsideration of our Transportation and Claims Division settlement dated April 3, 1975, which disallowed his claim for the reason that the leave taken was in excess of the leave entitlement limits specified in his contract and, therefore, was improperly taken. The record shows that Mr. Appleby entered into a contract to perform the duties of janitor (trades helper) a6t'he Tyndall Air Force Base Elementary School, Panama City, Florida, a so-called section 6 school, created under authority of section 6 of Public Law 81-874, 64 Stat. 1100, 20 U. S. C. S 241. The contract covered the period of July 1, 1972, through June 30, 1973, for a total of 260 days, 240 of which were designated As workdays, with the balance as nonworkdays to allow for school holidays and leave for other than sick or emergency purposes. The contract also expressly provided for 12 days of leave for sick or emergency purposes, the total days leave taken not to exceed 19 days for these purposes during the contract period, thereby allowing for a carryover of a maximum of 7 days of such leave from any prior years. The contract provided for an annual salary of $6, 739. 20. Mr. Appleby and 15 other school employees were directed by his supervisor to take 20 days leave beginning in April 1973, and was told by his supervisor that this leave was owed, to him as vacation leave with pay. Mr. Appleby took the leave as directed, but

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