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B-194187 1 (1979-05-09)

handle is hein.gao/gaobadhfc0001 and id is 1 raw text is: 41 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON D C 20548 FILE: B-194187 DATE: Mpy 9, 1979 MATTER OF: Walter E. Blank -4Restoration of Annual Leave DIGEST: NASA employee elected to be carried on continuation-of-pay status for 45-day period after job-related injury pursuant to Pub. L. No. 93-416. Contrary to 20 C. F. R. § 10, 200 et seq., NASA refused to continue his pay but required him to take leave to cover the periods of his absence attributable to the injury. Upon correction of his leave accounts, annual leave subject to forfeiture may be restored under 5 U.S. C. § 6304(d)(1)(A) (1976) as leave lost because of administrative error. Patrick F. O'Brien, an authorized certifying officer of the National Aeronautics and Space Administration (NASA), Washington, D. C., seeks an advance decision as to whether 34 hours of annual leave may be restored to Walter E. Blank, a NASA Headquarters employee, under Pub. L. No. 93-181, 87 Stat. 705 (1973), 5 U. S. C. § 6304(d)(1)(A) (1976). The certifying officer asks: (a) Upon the determination of administrative error by a responsible authority, may forfeited annual leave be restored by operation of 5 U.S. C. 6304(d)(2) if there is also a finding of fault on the part of the employee. (b) May a finding of fault be made in a case where the employee acknowledged the annual leave taken by initialling his Time and Attendance Record and where he has been regularly advised through the issuance of biweekly Earning and Leave Statements which reflects the amount and type of leave charged to his account during each pay period. The record shows that Mr. Blank was injured on the job February 2, 1977. He applied for workmen's compensation and his claim, controverted by NASA, was forwarded to the Office of Workmen's Compensation Programs (OWCP), Department of Labor, on April 7, 1977, under the provisions of the Federal Employees' Compensation Act, 5 U. S. C. § 8101 et seq. (1976). .4

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