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B-189085 1 (1978-04-03)

handle is hein.gao/gaobadfvf0001 and id is 1 raw text is: 0. h i1 I D. Aczarian OMCISION FILE: B-189085 MATTER DIGEST: I.E OF: John Connor - Restoration of Forfeited Annual Leave Employee of Securities and Exchange Commission requested annual leave and timely submitted SF 71, Application for Leave, to supervisor who denied request due to exigency of public business. Supervisor did not sched- ule,1eave and as result agency deter- mined employee was not entitled to leave restoration under 5 U.S.C. 630A(d)(1)(B). Leave may be restored under 5 U.S.C. 6304(d)(1)(A) as agency failure to properly schedule leave, which prevented restoration of leave due to exigency of public aervice, constitutes administrative error. See 8-188284, March 7, 1978. This matter concerns the request of Mr. Lawrence H. Haynes, an authorized certifying officer of the Securities arid Exchange Commission (Commission), requesting a decision as to whether annual leave forfeited by Mr. 'John Connor, an investigator with the Commission, at the end of the 1976 leave period may be re- stored under the provisions of 5 U.S.C. 6304(d)(1) (Supp. III, 15-73). The record shows that in the summer and early fall of 1976 Mr. Connor informally informed his supervisor. the Assistant Director, Division of Enforcement, that he would be taking annual leave in December an that his supervisor orally indicated that he would approve the use of annual leave. Apparently for some 10 years 11r. Connor has taken substantial amounts of leave during December. On November 20, 1976, Mr. Connor submitted to his super- visor a Standard Form 71 -SF 71), Application for Leave, in which he requested the use of 125 hours of annual leave for the period December 8 to December 30, 1976. The requested annual leave was .7--i -j 141 Civ.Per Tm CoMPTFlOLLUR CENWRAL =F THE UNITED UTATE WASHiNGTON, D.C. 20549 DATE: April 3, 1978 I. 0' A'-

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