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B-193431 1 (1979-08-08)

handle is hein.gao/gaobadhlz0001 and id is 1 raw text is: p THE COMPTROLLER GENERAL DECiSION . . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: MATTER DIGEST: i V) 'T(7 B-193431 DATE: August 8, 1979 OF: obert W. Lochr'd e - rfeited annual leave j rationn 1. Employee entitled to use sick leave requested to use annual leave to avoid forfeiture at end of leave year. Request was granted. Employee may not thereafter have sick leave substituted for the annual leave used. 2. Employee who received benefits under Federal Employees Compensation Act forfeited 102 hours of annual leave. Under 5 U.S.C. § 6304(d)(1)(C), the leave may be restored because in cases of prolonged illness preceding the end of a leave year, the employee may be presumed to have requested proper scheduling of annual leave otherwise subject to forfeiture. Mr. Robert W. Lochridge equests reconsideration of his claim for the restoration of 102 hours of annual leave for- feited at the close of the 1974 leave year which was denied by our Claims Division. Additionally, he has set forth a new claim for substitution of 72 hours of sick leave for annual leave which he used in the 1973 leave year. While we find no merit in Mr. Lochridge's new claim, we agree with him that he should not have forfeited the 102 hours of annual leave at the end of the 1974 leave year. Mr. Lochridge, an employee of the National Aeronautics and Space Agency (NASA), received an on-the-job injury on October 18, 1973. Due to this injury, he initially was out of work from October 19, 1973, until February 28, 1974. After return to work on March 1, 1974, he remained in active work status until July 19, 1974. From July 20, 1974, until September 27, 1976, he was out of work because of his injury. He retired on September 28 due to disability from the injury. P L 7'-E

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