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B-187104 1 (1978-03-08)

handle is hein.gao/gaobadfso0001 and id is 1 raw text is: DECISION FILE: B-1 MATTER C UIGE,!AT: ta'r THES COMWPTROLLER IEEA K2I Ttrn UNJSTEO UTATMID WAT 0NfTO. .C. 2*013 4E I%lIrt 87104 DATE: March 80, 1978 I=: George D. Simpson and Olin C. Stewart - Restoration of annual leave 1. Annual leave forfeited at end of leave year by employee, who was to be mandatorily retired for age, but kept on rolls without break in service, under exigency certifi- cation, may not be restored to employee's lcave account under 5 U.S.C. 6304(d)(1). since advance scheduling requirement was not met and may not be waived. 56 Comp. Gen. 470 (1977). 2. Employee being compensated for work related idjury and cn rolis of Offic & of Workman's Compensation Program (OWCP), n ay not have excess annual leave forfeited at end of leave year restored to credit, since controlling law makes no provision for restoring such leave without advance scheduling requirement. This action is in i-esponse to a .etter dated June 20, 1977, from James B. Hammett, Acting'Administrator, Southwestern Power Administration, United States Department of the Interior, request- ing our decision concerning the propriety of the restoration of annual leave in the cases of two employees, in circumstances stated as follows: Case No. 1 - George D. Simpson Mr. Simpson was scheduled to retire mandatorily due to ageon December 31, 1975. However, as shown in.the,attached letter from the U. S. Ciril.Service Commission dated June 28, 1976, Mr. Simpson was exempted ftom mandatory separation for age retirement until December 31, 1976. Mr. Simpson did hot schedule 112 hours of annual leave accrued during leave year 1976, in light of his pending mandatory retirement at the end of the year. Instead, he opted to be paid a lump-sum for 240 hours carryover plus the 112 hours accrued during the year. Since the conditions which prompted Mr. Simpson's exemption from mahdatory retirement still existed at the time he was to be separated, the former Administrator, * ....................................... i- - -

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