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B-187055 1 (1977-03-04)

handle is hein.gao/gaobadedi0001 and id is 1 raw text is: S THE COMPTROLLER GENERAL C W Dcimicri . * OF THU UNITED STATE a , ;WAeHINOTON, 0.C. ECUaE LITIP FILE: B-187055 DATE; Horch 4, 1977 MATTER OF: Samuel Bernstein - Forfeiture of Aznual Leave DIGEST: Employee did not use approved use-or-lose annual leave because of alleged delays in processing disability retirement application. Absent agency regulation requiring counsel- ing on impending forfeiture of annual leave, possible minunderstanding arising from in- formal discussion with agency personnel as to forfeiture does not provide administrative error basis for restoration of leave. -Mr. DuWayne D. Brown, an authrrized certifying officer of the United States Government Printing Office (GPO), asks whether the situation described below constitutes an administra- tive error for purposes of restoration of annual leave. It is stated that Mr. Samuel Bernstein, a GPO contract specialist, grade GS-13, made a timely application in early November 1975 which was approved for 80 hours of use-or-lose annual leave for the period December 18. 1975, to Januairy 2, 1976. He did not use the annual lhave as scheduled, rather, he worked- the entire period eicept for 1 day of sick leave. On January 5. 1976, Mr. Bernstein requested restoration of the 80 hours leave because of delays encountered in processing my application for disability retirement. Additionally, on Jahnuary 5, 1976, the beginning of the new leave year, Mr. Bernstein reported himself on sick leave. Ap- parently, he ccintinued in a sick leave status through January 4, 1977, when all available sick leave to hin was exhausted and his disability retireinent became effective. Mr. Bernstein had applied for disability retirement on November 10, 1975; the Civil Service Commission apparently gave its notice of approval as to disability retirement on January 12, 1976, it is iated that GPO,: in a Yrittenjoftice to all employees dated O'ctober 22, 1975, dvis dU$'hem that use-or-lose annual leave had to be sCheduled and approved in advance in writihig and pointed out that if such leave is cancelled due to public exigency, or if a period of sick leave prevented rescht-duling of approved leave, the employee's leave could be restcred. L - -~ i * ,dja.,. ~ 00 C CD I

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