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B-177057 1 (1973-01-23)

handle is hein.gao/gaobadtus0001 and id is 1 raw text is:                                                                        660

                COMPTROLLER GENERAL OFTHE UNITED' STATES
                           WAS14INGrONrDC._ 20148...


 B- 177057                                        JAN 23 4973


 No. Lola E. Rowe
 Chief. Branch of Personnel-Operations (B)
 Office of the Secretary
 United StatesDepartment of the Interior

 Dear Ms. Rowe:

     This refers to the claim of. for payment of 72 hours
of unused annual leave and for 25 hpurs of coinpensatory Mia~e allegedly
forfeited at time of separation, You ftirnished a .report on the claim by
letter dated August 24, 1972..

     The record shows that mr.         was separated from his position
 as an employee of the Trust Territory o .the PaCific .Islands on June 25,
 1971, due to a reduction in. orce. Mr.         states that on April 2,
 1971, a letter of: separation was. forwtrded to *him. He also, states that
 he was aware at that time of the regulation limiting annual leave payable
 to 45 days. 1However, when.he.checked'with the Matshalls District Person-
 nel as to the sta *tus of anni'at'leavi that he'had- accumulated above 45
 days, he was alegodly advised by the Headquartars Personnel 'Department
 in Saipan that-he would be paid for all annual leave on the books the
 first pay per-&0 after his separa4ti.on..if.it did ot extend into the next
 calendar year. He also states that he .ci.ecked this ruling on June 10,
 1971, with the Assistant .Personnel Director at $aipan who allegedly told
 him that if he '~d been nformed by the Personnel Director .that he would
 be paid forall his annual leave then• such must have .been correct.
 Mr,.       claims that in .reliane on this -he did not use his excess
 leave, which the. record s.hows to be. 72 hours, and- as a result it was
 forfeited, at the time of his separa-tion,:.A11e requests an extension of the
 date of his separation sothat he'may'be-paid for1the excessa   al leave
 on the basis that it was agency policy to notify employees that, they had
 to either-use annual leave or lose it and that he. was not so notified.

     The High Commissioner of the Trust Territories of the Pacific Islands,
 in his letter of August 7, 1972, stateshtbat it-is. the standard practice
 of their personnel office to notify'separating employees that excess annual
 leave and copi.nsatory time -will be lost. if not used prior to separation.
 However. they will not refute. Mr.         contention that he-was mis-
 Informed and they are willing-to admit that, possibly, they were in error.

     Since an employee ordinarily would not villingly forfeit annual leave,
.it is concluded in view of the above St tement .at' .Mr.         separa-
tion was effected Vithout advance notice £f a-possible forfeiture. This


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