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B-201093 1 (1981-07-15)

handle is hein.gao/gaobadjof0001 and id is 1 raw text is: A DECISION FILE: B-201093 MATTER DIGEST: THE CMPTROLLER .ENERAL OF THE UNITEO STATES WASHINGTON. 0. C. 20548 OATE:JUL 1 5 1981 OF: George J. DiGiulio - Restoration of Forfeited Annual leave Employee of Department of Navy scheduled 40 hours annual leave in writing for December 1979, but he forfeited 16 hours of such leave at end of 1979 leave year because he performed jury duty. He is entitled to have such annual leave re- stored since performance of jury duty constitutes an exigency of the public --business under 5 U.S.C. § 6304(d)(1)(B) (1976). See 5 U.S.C. § 6322 (1976), which prohibits loss of or reduction in annual leave where employee is summoned to perform jury service. The issue for determination is whether jury duty performed by an employee constitutes an exigency of the public business so as to allow restoration of for- feited scheduled annual leave. For the reasons stated below, we conclude that annual leave which is forfeited by an employee on those days when he performs jury ser- vice may be restored and credited to a separate leave account-for his use. Mr. Daniel K. Silverton, Business Manager, Local No. 2145, International Brotherhood of Electrical Workers (IBEW), appeals, on behalf of Mr. George J. DiGiulio, a civilian employee of the Mare Island Naval Shipyard, Department of the Navy, from the settle- ment action issued by our Claims Group, (Z-2822798), dated May 14, 1980. The settlement action denied the employee's claim for restoration of 16 hours of annual leave which he forfeited at the end of the 1979 leave year. In March 1979, Mr. DiGiulio scheduled 40 hours of annual leave to be used between December 24 and 31, 1979, since he would accumulate 40 hours of annual leave in excess of the 240-hour ceiling which a Federal employee may carry forward into a new leave Xe F 71A 3 .T

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