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B-238800 1 (1991-04-19)

handle is hein.gao/gaobadnwi0001 and id is 1 raw text is: Comptroller Genenl of the United States Waingan, DC, 20048 Decision Matter of: Mary Dawson - Leave Transfer - Death of Leave Recipient File: B-238800 Date: April 19, 1991 DOIr Under the Voluntary Leave Transfer Program, donated leave may not be transferred to the recipient or used after the medical emergency terminates and any unused transferred leave must be restored to the leave donors. Therefore, the retroactive substitution of a recipient's unused donated leave for the recipient's leave-without-pay after the death of the recipient was improper, and the payment of compensation resulting from the retroactive substitution was erroneous. The erroneous payment, however( may be subjecz to waiver. DECISION The question in this case is whether, under the Voluntary Leave Transfer Program, annual leave that was donated by leave donors to a leave recipient, but not yet credited to her account at the time of her death, was properly credited to her account after her death and substituted retroactively for her periods of leave-without-pay.1/ We conclude that the leave donations were improperly credited to the recipient's account after her death and were required to be returned to the donors. BACKGROUND On May 5, 1989, Ms. Mary Dawson, an Army employee at Fort Sam Houston, Texas, entered into te Voluntary Leave Transfer Program, as authorized by the Federal Employees Leave Sharing Act of 1988, Pub. L. No. 100-566 (1988), codified at 5 U.S.C. §§ 6331-6340 (1988), which generally allows federal employees to transfer their annual leave to another employee who has a 1/ The question arose at Fort Sam Houston, Texas, and was forwarded to us by Colonel Garry D. Foster, Finance Corps, Office of the Assistant Secretary of the Army for Finance and Accounting.

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