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B-205709 1 (1983-03-16)

handle is hein.gao/gaobadkya0001 and id is 1 raw text is: C_  L4-1;.D


                        THE COMPTROLLER GENERAL
OECIBION                 OF THE UNITEO       STATES
                         WA SHINGTON. 0. C. 20548




FILE:  B-205709               DATE: March 16, 1983

MATTER OF:     Edmond Godfrey - Buy Back of Annual
               Leave - Workers' Compensation

DIGEST:
           1. Employee who used restored 1977
               annual leave and regular annual
               leave in 1978 to recuperate from
               work-related illness accepted
               workers' compensation and bought
               back leave used. Upon recon-
               struction of the employee's leave
               record to show the recredit of
               the leave as of the time it was
               used, regular annual leave rein-
               stated in excess of the maximum
               carry-over stated in 5 U.S.C.
               S 6304(a) is subject to forfeiture
               and may not be restored under
               5 U.S.C. § 6304(d). Previously
               restored leave recredited to
               leave year 1978 was subject to
               forfeiture at the end of leave
               year 1979 and therefore is not
               eligible for further restoration.

           2. Employee who used restored 1977
               annual leave and regular annual
               leave in 1978 to recuperate from
               work-related illness accepted
               workers' compensation and bought
               back leave used. Upon recon-
               struction of the employee's leave
               records to show recredit of the
               leave as of the time it was used,
               66 hours of repurchased restored
               and regular annual leave were
               subject to forfeiture. Since
               the employing agency failed to
               apprise the employee of the
               possibility of forfeiture, the
               employee at his election may
               choose to be placed on annual
               leave for 1978 to avoid any or
               all of the forfeiture.

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