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B-192510 1 (1979-04-06)

handle is hein.gao/gaobadhcm0001 and id is 1 raw text is: r,- THE COMPTROLLER GENERAL DECISION. O= THE UNITED STATES WASHINGTON, O.C. 20548 ~,, ~. r- IL. B-192510 - uA-: Apri. b, Ly MATTER OF: 4eV7f(4rj Edward Carthy - estoration of Leave and Extended Administrative Leave DIGEST. 1. Annual leave forfeited as result of sickness but not timely scheduled in writing as required by 5 C.F.R. § 630.308 may not be restored under 5 U.S.C. § 6304(d)(1)(C). Leave not timely approved in writing is not considered to be scheduled in advance as required by subsection 6304(d)(1)(C) and therefore annual leave may not be restored under that subsection. 2. Employee who is not eligible for restoration of leave lost due to illness because leave was not scheduled-in advance as required by 5 U.S.C. 5S 6304(d)(1)(C) may not have leave restored on the basis that there .was administrative error under subsection (A) whe r -p i s Ao id y..counsel him as to scheauLnLreqirement. Generally, failure of agency to advise employee of scheduling requirement of subsection (C) does not constitute administrative error under subsection (A) as employees are charged with constructive knowledge of statutory and implementing regulatory requirements pertaining to tnen. Also, supervisor not requiring leave requests to be in writing is not administrative error as for restoration of leave under subsection 6304(d)(1) burden is on einoioyee to submit written request for annual leave. 3. E,DpIyeein~u~r~e Ai at wo -ji-s~ _nt-i-t1ed to administrative leave for ext e d. ,seces Ce TETE rom suc7 Tnquiry. In absence of specific statutory authority and if leave was not charged, employee's leave balances should be appropriately adjusted. On July 21, 1978, Ms. Sharyn Danch, Assistant Counsel for the National Treasury Em loyees Union (NTEU), as repr6sentative of Mr. Edward McCarthy, an employee of the \ A( 6005~

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