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B-214337 1 (1984-08-06)

handle is hein.gao/gaobadlvl0001 and id is 1 raw text is: L7' t 0 THU COMPTROLLER OENERAL OECISION OP THE UNITED STATES WASHINGTON. 0.C. 20549 FILE: B-214337 DATE: August 6, 1984 MATTER OF: John E. Brady - Restoration of Forfeited Annual Leave DIGEST: Employee went on sick leave on- October 23, 1981, through the end of. leave year 1981 and forfeited 104 hours of annual leave. Restoration of the forfeited leave and additional lump-sum leave are denied since the leave was not scheduled and the employee knew he was responsible to schedule the leave to avoid forfeiture. In addition, this case does not fall within our decisions which presume scheduling of the leave during an extended period of absence due to illness. Prior decisions distinguished. ISSUE The issue in this decision is whether an employee, who was on sick leave for over 2 months prior to the end of the leave year, may have 104 hours of forfeited annual leave restored to his account, so that these hours may be included in his lump-sum leave payment. We hold that the forfeited leave may not be restored since the annual leave was not scheduled prior to the end of the leave year, the employee knew it was his responsibility to schedule the leave to avoid forfeiture, and this situation does not fall within the ambit of our decisions which have presumed scheduling during an extended period of absence due to illness. BACKGROUND This decision is in response to the claim of Mr. John E. Brady for restoration of 104 hours of annual leave which were forfeited at the end of the 1981 leave year. Mr. Brady was employed by the U.S. Customs Service as a District Director, grade GS-15, in Los Angeles, California, when he went on an extended period of sick leave beginning

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