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B-229228 1 (1988-01-21)

handle is hein.gao/gaobadnal0001 and id is 1 raw text is: The Comptroller General of the United States3 Washington, D.C. 20548 Decision Rikka pulliam - Restoration of Annual Leave - Matter of- Scheduling Requirement File: B-229228 Date: January 21, 1988 DIGEST An employee did not schedule annual leave in advance and in writing as required by 5 U.S.C. S 6304(d)(1) (1982) and the implementing regulations. The annual leave forfeited due to the exigencies of public business may not be restored under the statute and regulations since the leave was not scheduled in advance. The statutory scheduling requirement is not met by informal notification or verbal request, and the requirement may not be waived or modified even where extenuating circumstances may exist. DECISION This decision is in response to a request by Ms. Rikka Pulliam for review of a Claims Group settlement denying her claim for restoration of forfeited annual leave. Her claim was denied because the forfeited leave was not scheduled in advance and in writing under the requirements of 5 U.S.C. S 6304(d)(1)(B) (1982) and the applicable regulations. For the reasons stated below, we affirm our Claims Group settlement. BACKGROUND Ms. Pulliam, a former deputy clerk of the U.S. Bankruptcy Office, Houston, Texas, claims reimbursement for 129 hours of annual leave which were forfeited in 1983, apparently due to the press of work in her office. In 1984, Ms. Pulliam resigned her position as deputy clerk and requested a lump- sum payment for the annual leave she believed should be restored. Ms. Pulliam claims that she had verbally requested use of the leave prior to the end of the leave year, although the record does not contain any affidavits by her supervisors to this effect. Further, there is no written documentation of this request indicating the amount of leave or specific dates she wished to schedule.

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