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B-218920 1 (1986-04-02)

handle is hein.gao/gaobadmge0001 and id is 1 raw text is: 




                 C.'    THE COMPTROLLER GENERAL
OECISION                OF THE UNITED STATE8
                         WASHINGTON. 0. C. 20548




FILE:     B-218920            DATE: April 2, 1986

MATTER OF:       Joseph E. McGuire


DIGEST:

     1. Federal employees who forfeit annual
         leave because of maximum annual leave
         carryover limitations are entitled to
         restoration of annual leave which was
         properly scheduled to be taken but can-
         celled as a result of public exigency,
         and also restoration of leave lost as the
         result of administrative error. When
         unauthorized officials cancel leave based
         on their personal determination that this
         is required by public exigency, the
         affected employees become eligible on
         grounds of administrative error for
         restoration of the number of hours of
         annual leave improperly cancelled. An
         employee whose immediate supervisor
         without proper authorization cancelled
         his scheduled annual leave for reasons of
         public exigency is consequently eligible
         for restoration of the number of hours
         improperly cancelled.

     2. Under federal regulations, restored
         annual leave must generally be used by
         the end of the leave year ending 2 years
         after the date the agency restores leave
         to an employee. An employee entitled to
         restoration of leave forfeited in 1984 is
         therefore eligible to use it during the
         period lasting until the end of the leave
         year ending 2 years after the date on
         which the agency actually restores the
         leave to him, even though because of
         administrative delays in the matter the
         leave was not restored for more than
         2 years after it was originally
         forfeited.

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