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B-233428 1 (1989-10-06)

handle is hein.gao/gaobadnpp0001 and id is 1 raw text is: %A, The Comptroller General of the United States Washington, D.C. 20548 C4 # Decision Matterof: Marquerite D. Roberts - Workers' Compensation - Forfeiture of Annual Leave After Leave Adjustment File: B-233428 Date: October 6, 1989 DIGEST An employee who used annual and sick leave in leave years 1979, 1980, 1984, and 1985 incident to a work-related illness, elected to buy back leave used and accept workers' compensation. Upon reconstruction of the employee's leave record to show the recredit of the leave as of the time it was used, there is a loss of accrual of leave for the period changed. Further, annual leave reinstated in excess of the maximum carryover stated in 5 U.S.C. S 6304(a) is subject to forfeiture and may not be restored under 5 U.S.C. S 6304(d)(1). DECISION This is in response to a request by Ms. Marguerite D. Roberts for reconsideration of our Claims Group's settle- ment Z-2864724, June 23, 1988, which sustained the action by the National Park Service, Department of the Interior, disallowing her claim for additional payment of lump-sum leave incident to her retirement. The issue is whether annual leave recredited to Ms. Roberts as a result of her buy-back of leave used incident to a work-related illness was subject to forfeiture under 5 U.S.C. 5 6304(a) (1982) and can not be restored to her under 5 U.S.C. S 6304(d)(1). Ms. Roberts also requests payment for the accrued leave lost when her leave records were reconstructed to reflect the change from paid leave status to leave without pay. For the reasons stated below, we sustain the Claims Group's settlement. BACKGROUND Ms. Roberts was employed by the Rocky Mountain Regional Office of the National Park Service before her retirement on March 30, 1985. While employed there, Ms. Roberts suffered a work-related illness on two separate occasions.

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