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B-187104 1 (1977-04-01)

handle is hein.gao/gaobadeel0001 and id is 1 raw text is: 1 DECISON %7 Nort' FILE: B-J.87104 MATTER OF: DIGEST: THE COMPTROLLER OMNEMIAL OP THU UNITFO BTATEU WAUH INGTON. D.C. 1084M DATE: 4rfl 3., igr' ichael Dana at al. - Restoration of forfeited annual leave Annual leave forfeited at end of 1974 leave year allegedly due to exigencies of the public business but not scheduled in advance may not be restored under 5 U.S.C. 6304(d)(1), even if employees did not have actnal notice of sched- uling requirement and it was known in advance that leave would not be granted if scheduled. Scheduling is a statutory requirement which may not be waived and failure to give actzal notice of this requirement is not administrative error since employees are charged with constructive notice of it. By letter dated August 2. 1976, from its Assistant Administrator, General Counsel, Mr, Thomas J. Madden,'the Law Enforcement As- sistance Administration (LEAA), United States Department of Justice, .equests our opinion as to whether annual leave forfeited at the end of the 1974 leave year by five of its employees.may be restored under the provisions 5 U.S.C. 6304(d)(1). The agency's letter, in pertitnent part, reads as follows: The five applicants are Michael Dana, Alison Eliason, Luke G. Galant, Rufus Johnson, and Michael Favicchio. The latter four employees participated in a LEAA sponsored aix-week training program starting on or about April 6, 1974. At the conclusion of the training pro- gram, each of the four was immediately detailcd as a LEAA Field Service Representative to local units of general government participating in the LEAA sponsored In tiative.Oriented Technical As-. 'sistaUce (IOTA) program. The four participated in the IOTA program through January 1975 for the purpose of providing the trainees with practical experience relating to the reality of .the State and local criminal justice system structures and an opportunity to apply the previous six-week training to an on-site work experience. Partic- ipaition by the four employous in the six-week i_- C LI( 0

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