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B-212294 1 (1984-01-24)

handle is hein.gao/gaobadlmw0001 and id is 1 raw text is: THE COMPTROLLER GERNERAL DECI8ION ..op TmE UNiTEC sTATEuS WASHINGTON. 0. C. 20549 FILE: B-212294 DATE: January 24, 1984 MATTER OF: Leonard J. Milewski - Forfeited Annual Leave - Restoration DIGEST: Employee of the Department of the Army who was absent from work from June 21, 1982, through January 23, 1983, due to work injury, forfeited 47 hours of annual leave in the 1982 leave year. Employees only received annual notices warning them in general to schedule annual leave in advance, and the employee was not specifi- cally notified that in his case he would forfeit the leave if it were not sched- uled. Hence, we presume that he would have scheduled leave to avoid forfeiture if he had been properly notified and the 47 hours of leave may be restored. Lieutenant Colonel D.W. Mikkelson, Finance Corps Executive, Assistant Comptroller for Finance and Accounting, Department of the Army, has requested a decision as to whether Mr. Leonard J. Milewski, a WG-08 electronics worker at the Tobyhanna Army Depot, may have 47 hours of annual leave restored to his leave account. We hold that, although Mr. Milewski did not schedule the use of the 47 hours of annual leave prior to the end of the leave year, since he was sick and absent from work for the latter half of the year, he may be recredited with the 47 hours of leave. Mr. Milewski was injured while in the performance of his duty and because of this he was absent from work from June 21, 1982 through January 23, 1983. During this period he received worker's compensation under the Federal Employees Compensation Act (5 U.S.C. Chapter 81) for his injury. Mr. Milewski states that he did not schedule the 47 hours of annual leave which exceeded the maximum accrual prior to the end of the 1982 leave year, because he could not have used any excess annual leave while receiving compensation for his injuries. Moreover, he states that he was never informed during that time that if he did not schedule the annual leave he would lose it. O~ThiO

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