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B-226927 1 (1987-09-25)

handle is hein.gao/gaobadmvz0001 and id is 1 raw text is: EThe Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Robert J. Stacklin - Restoration of Annual Leave File: B-226927 Date: September 25, 1987 DIGEST Employee of the Defense Logistics Agency in September 1986 scheduled use of annual leave to avoid forfeiture at end of leave year. In November 1986 employee suffered cardiac trauma resulting in absence from work until January 1987. Because employee was in a sick leave status he forfeited the annual leave in excess of 240 hours. That annual leave was restored by the agency to the employee's account under 5 U.S.C. S 6304(d)(1)(C), with the exception of 8 hours of annual leave scheduled for December 26, 1986, an administra- tively declared holiday. Those 8 hours of annual leave may be restored, because in cases of prolonged illness preced- ing the end of a leave year the employee is presumed to have requested proper scheduling of annual leave to avoid forfeiture, and proper scheduling in this case would have avoided forfeiture for December 26. DECISION Robert J. Stacklin, an employee of the Defense Logistics Agency requests a decision requiring the agency to restore 8 hours of annual leave to his account which was forfeited because it could not be used as a result of a prolonged illness at the end of the 1986 leave year. The agency allowed restoration of scheduled but unused annual leave totalling 81 hours which was forfeited, but disallowed restoration of 8 hours of annual leave covering the legal holiday of December 26, 1986. The 8 hours of forfeited annual leave may be restored to Mr. Stacklin's account under 5 U.S.C. S 6304(d)(1)(C), since in cases of pro- longed illness preceding the end of a leave year, the employee is presumed to have requested proper scheduling of annual leave otherwise subject to forfeiture, and the presumption of proper scheduling would not have permitted forfeiture of 8 hours of annual leave for the legal holiday on December 26, 1986. O'4OcR

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