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B-193567 1 (1979-05-24)

handle is hein.gao/gaobadhgo0001 and id is 1 raw text is: I DIGEST:(1) Employee did not schedule leave in advance as required by 5 C.F.R. S 630.308. He forfeited annual leave due to exigencies of the public business and may not have it restored under 5 U.S.C. § 6304(d)(1) (B) as the leave was not scheduled in advance within the meaning of subsection (B). The statutory scheduling requirement may not be waived or modified even where extenu- ating circumstances may exist. (2) In the absence of an agency regulation requiring the counseling of an employee with regard to forfeiture of leave, the failure to advise the employee of the scheduling requirement for the restora- tion of leave under 5 U.S.C. § 6304(d) (1)(B) is not administrative error under subsection (A). Employees are charged with constructive knowledge of statutory requirements pertaining to them and of implementing regulations issued pursuant to statute. A 0 0 By letter dated October 18, 1978, Dr. W. Newlin Hewson, an employee of the Department of Housing and Urban Develop- ment, appealed the disallowance of our Claims Division of his claim for the restoration of 93 hours of annual leave forfeited at the close of the 1976 leave year. The record shows that on December 13, 1976, Dr. Hewson requested in writing 93 hours of annual leave which were in excess of his maximum permissible...carryover under 5 U.S.C. § 6304(a). His Branch Chief immediately denied the leave request because he wanted Dr. Hewson to partici- pate in a work project. Dr. Hewson then upon the advice of the Branch Chief requested that the 93 hours of annual leave be restored. A memorandum of N'ovember 19, 1976, from the Assistant Secretary tor Housing, Federal Housing Commissioner, THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-193567 DATE: May 2h, 1979 ATTER OF:Dr. W. Newlin Hewson -Restoration of Leavje

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