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B-187104 1 (1978-09-28)

handle is hein.gao/gaobadglb0001 and id is 1 raw text is: 

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DECISION


FILE.    B-1871

MATrER   OF:


DIGEST:


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04


DATE:  September 28, 1918


Josepb Hanyok, at al. - Restoration of
Forfeit-id Annual Leave


Ten employees of Fedj ral Communications Commission
were  aidvised on November 4, 1976, that use of annual
leave might be reotricted because of exigency of public
business. Later they were restricted to use of 2 days
of leave for remainder of year. Agency, which had
approved restoration of forfeited leave, later revoked
restoradon on basis of 56 Comp. Gen. 470,`April 1,
1977;, as leave'had not been first.'4Ptoved and then
cancelled. Since here was deternration of eiigency
and'leave could not have been rescheiiled during leave
year, employees who had tidiely reqated leavein
Vriting 'may have forfeited leave restored. However,
employeds whu did not request.leave: in Standard Form
71, or otherwise in writing, may not have forfeited
leave restored since doiumentation requirement has
not been met.


     This action is in response to a request from the Honorable
  Richard E. Wiley, Chairman of the Federal Communications
  Comnission  (FCC). for our dec.Aion as to whether annual leave
  forfeited by ten employees at the end of the 1976 leave year because
  of an exigency of the public business may be restored.

     In Noveihber 1976, the Laboratory Divisiozi of the F2C wac
  confronted with an extraordinarily heavy Wdrklotd which i-equired
  completion before January 1, 1977. By meniiorajhdum dated Novem-
  ber 4, 1976, the Chief of the Laboratory Division advised the m-
  ployees that it might be necessary to restrict annual leave during
  the remainder'of the year.. The enitloyees were requested to ad-
  vise Mrs. Smith (apparertly the kiimekeeler) if they were intereited
  in taking leave andto submit S.andard Forms 71. Later, in order
  to assure coiiipletion of the project, he advised 'the staffW4n a
  memorandum   datedNovember  16, 1976, that they wouldnot be
  pertnttted to take More than 2 days of aiinual. liave for the balance
  of the' leave year. On November 10, 1976, the FCC Chif Engineer
  sizigd a meinorandum to the Executiye Directcr listing the ten
  employees vWho would torfeit leave unless restoration was granted.
  The meinorandum  stated that the employees would have scheduled
- annual leave for this time-period and re4uested that the ten en-
  ployece be allowed to ca*ry-over their excess leave,  Although


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