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B-187777 1 (1979-02-27)

handle is hein.gao/gaobadgyp0001 and id is 1 raw text is: DECISIC FILE: B- MATTER O DIGEST: N 1877 / THE COMPTROLLER GENERAL . .~ OF THE UNITED STATES WASHINGTON, 0. C. 20548 77 DATE: February 27, 1979 F Clifford Lomax - consideration of request for recredit of forfeited annual leave Former Library of Congress employee was granted extended sick leave from March 1 through December 3, 1974, when such leave was exhausted. He was on annual leave from that date until the last hour on December 31, 1974, when he was placed on leave without pay in- cident to application for disability retire- ment which was approved on March 5, 1975. Upon reconsideration, former em- ployee is entitled to lump-sum payment for 31 hours of 56 hours of forfeited annual leave since they were forfeited because of administrative error. B-187777, January 3, 1978, modified. This action concerns a request for reconsideration of decision Clifford Lomax, B-187777, January 3, 1978, which disallowed the claim by a former employee of the Library of Congress for restor- ation of and lump-sum payment for 56 hours of annual leave which were forfeited at the end of the 1974 leave year. The facts were set forth in our prior decision and will be repeated only insofar as is necessary for the purpose of reconsider- ation. Mr. Lomax was placed on sick leave on March 1, 1974, and he remained either on extended sick leave or annual leave until the next-to-last hour of his workday on December 31, 1974. He was then placed on leave without pay (LWOP) until his disability retire- ment application, which had- been submitted to the Civil Service Commission on December 12, 1974, was approved on March 5, 1975. As a result of such actions Mr. Lomax forfeited 56 hours of annual leave at the end of the 1974 leave year. He seeks to have this for- feited leave restored to his account and to be paid a lump-sum there- for under the provisions of 5 U.S. C. § 6304(d)(1) (1976). Our decision of January 3, 1978, states, in pertinent part: Under the provisions of 5 U.S. C. § 6304(d)(1) (Supp. V, 1975), annual leave which is lost by opera- tion of section 6304 may be i-estored to the employee o / 9

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