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B-188284 1 (1978-03-07)

handle is hein.gao/gaobadfsn0001 and id is 1 raw text is: I D, ef1skopf 194 .tasuaw DECIUION.. S kt1 FILE: B-188284 THU COMPTROLLERN OP THE UNITEL Cv.Pera. uAL Two WASH-INGTON. O.t0 . '548 DATE: arch T# .1978 MATT:R OF: William D. Norsworthy - Restoration of Forfetted Annual Leave DIGEST: IRS employee on AugUst 26, 1975, sub- mitted a Standard Form 71 application Tor annual leave which was denied by his supervisor due to an exigency of public business. Employee rot feited 152 hours of annual leave at close of 1975 leave year. Leave may be restored under 5 U.S.C. 6304(d)(1)(A) (Supp. III, 1973) because the employee timely re- quested the leave and the agency failed to approve and schedule the leave or present case to proper official for deterednation of a publicexigency. This administra ive error caused the loss of leave whic-i, but for the error, could have been restored .inder 6304(d)(1)(B), as caused by exigencies of public.business. This responds to a request by the Director, Personnel Division, Internal Revenue Service (IRS), for an advance decision as to whether IRS may restore 152 hours of annual leave forfeited by Mr. William D. oraworthy, an IRS employee, at the end of the 1975 leave year. Mr. Norsworthy, Special Agent, Intelligence Division, Chicago District, was assigned to a high priority investigation throughout the 1915 leave year. On August 26, 1975. he submitted a Standard Form 71 (Application for Leave) requesting annual leave from September 2, 1975, through September 26, 1975, a period encompassing 152 hOurs. '!is request was denied by his group manager due to an exigency of thea public service, namely, the need ror timely com- pletion of Mr. Iorsworthy's Lnvestigation. An oral agreement was reached with his group manager that Mr. Norsworthy could take his leave upon completion of the investigation, which was expected to be in mid-October. However, the investigation was not, completed until December 6, 1975, at which time Mr. Norsworthy orally requested leave for the remainder of December, a period encompassing only 136 hours. '/ ---------------------------------------------- S p.' q * 'F

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