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B-182608 1 (1979-04-23)

handle is hein.gao/gaobadhdy0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .J)OF THE UNITED STATES WASHINGTON, 0. C. 20548 Cd FILE: B-182608 DATE: April 23 1979 MATTER OF: eForfeit aof Annual Leave OIGESTEmployee scheduled use of annual leave which was subject to forfeiture prior to his retirement. However, he did not use scheduled annual leave as he was on extended sick leave pending dis- ability retirement. Forfeited leave may be restored under 5 U.S.C. § 6304(d)(l)(C), since neither statutory language nor legislative history indicates that annual leave which is nof extended sick leave pending disability retirement may not be restored under 5 U.S.C. 5 6304(d)(1)(C). By letter dated September 13, 1978, Mr. Thomas S. McFee, Assistant Secretary for Personnel Administration De artment 007- 2-of Health, Education, and Welfare (HEW) has e s an advance decision as townener an employee o -th ocial min oore forfeited annualR_in und e r U.S.C. 6304(d)(1)(C) ih½re sucn leave was schedui dpendivg the effective date of the employee's approved di s.1itretirBS r. In the case presented, the\-Eivil Service Commission (Commission) approved the disability retirement application of the employee on October 27, 1976. Subsequently, on November 15, 1976, the employee began a period of approved sick leave prior to his disability retirement which was not to be effective until more than a year later, i.e. January 17, 1978. The agency counseled the employee to schedule in advance the annual leave he would earn during the 1977 leave year in order to avoid forfeiture of accrued annual eave in excess of the maximum permissible carryover under 5 U.S.C. S 6304(a). This was accomplished on November 17, 1.976. After the employee retired ne filed a claim for the restoration of the scheduled 208 hours of annual leave which he had forfeited. Forfeited annual leave can be restored under the circum- stances set frth in 5 U.S.C. 5 6304(d)(1) as added /y section 3 of ' ublic Law 93-181, December 14, 1973,87 Stat. 705 which provides: to

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