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B-200855 1 (1981-03-26)

handle is hein.gao/gaobadjgh0001 and id is 1 raw text is: EC I THE COMPtrOLLER AEN L WASHINGTON. D.C. 20546 FILE: B-200855 DATE: March 26, 1981 MATTER OF: J. Paul Guedet -CRestoration of forfeited annual leavj DIGEST: Employee's annual leave ceiling was not adjusted on his Statement of Earnings and Leave when it was reduced after he returned to the United States from an overseas duty post. Absent agency regu- lation requiring annual leave ceilings to be included on earnings statements or requiring annual leave ceilings to be adjusted immediately upon departure from overseas post, the failure to show the correct annual leave ceiling does not constitute administrative error providing basis for restoration of leave under 5 U.S.C. § 6304(d)(1)(A). By letter dated September 19, 1980, Mr. J. Paul Guedet has requested reconsideration of our Claims Group's deter- mination of March 28, 1980, that he is not entitled to restoration of annual leave under 5 U.S.C. § 6304(d) (1976). In sustaining the adjudication of our Claims Group we will review Mr. Guedet's reasserted contention that an administra- tive error caused him to forfeit the annual leave. The facts giving rise to Mr. Guedet's claim are not in dispute and are briefly recounted as follows. As an employ- ee of the Agency for International Development, Mr. Guedet was assigned to the United States for long-term training from an overseas duty-post in 1975. In connection with this assignment, Mr. Guedet's annual leave ceiling shown on his Statement of Earnings and Leave was not adjusted by the agency to reflect the lower ceiling applicable to employees assigned to duty in the United States. Compare §§ 6304(a) and 6304(b) of title 5, United States Code. Following an agency audit, however, 82 hours of annual leave were treated as forfeited and deducted from his leave balance. Mr. Guedet claimed that the 82 hours should be restored because the in- correct ceiling shown on his stateraent was an administrative error and he did not have an opportunity to use the leave due to an exigency of the public business. ~ /IJ73s

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