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B-195562 1 (1980-06-06)

handle is hein.gao/gaobadiid0001 and id is 1 raw text is: 0ECIS-IO, FILE: B-19556 MATTER DIGEST: TSCMPI LLE 1EERL W AS H1 NG0N, 0.'C. 20548 2 DATE: June 6, 1980 OF: Laurence H. Holmes - LRestoration of annual leave Employee who was on notice that leave and earnings statements reflected erroneously reduced annual leave balance is not enti- tled to restoration of leave forfeited at end of leave year. Determination of administrative error is within primary jurisdiction of agency involved and AID's finding that forfeiture was not attribut- able to error in leave and earnings state- ments is consistent with requirement of 5 U.S.C. 6304(d)(1)(A) for restoration of leave that administrative error caused the forfeiture. By letter dated February 28, 1979, Mr. Laurence H. Holmes has requested reconsideration of our Claims Division's determination of January 4, 1979, that he is not entitled to-restoration of annual leave under 5 U.S.C. 6304(d). In disallowing Mr. Holmes' claim for restoration of 163 hours of annual leave, which he claimed to have forfeited at the end of the 1966 leave year, our Claims Division found that he used rather than forfeited all but one hour of the leave in question, and that that single hour of leave was not subject to restoration. The leave and earnings statements (Form 7-193) furnished to Mr. Holmes failed to reflect charges for 168 hours of annual leave taken in the fall and winter of that year and thus incorrectly indicated. ayear-endleave balance in excess of the 360 hours he was entitled to carry forward into the next leave year. However, because official leave records (Form FS-411) properly reflected charges to leave for the 1966 leave year and showed a year-end balance of 361 hours, our Claims Division found that Mr. Holmes forfeited only one hour at the year's end and found no merit to his request for restoration of leave. On appeal, Mr. Holmes has explained that his request for restoration of-annual leave in fact pertains to leave forfeited at the end of the 1967 leave year. Mr. Holmes states that the delay in deducting annual leave on his 1966 leave and earnings . I -W. .

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