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B-194459 1 (1979-08-22)

handle is hein.gao/gaobadhno0001 and id is 1 raw text is: DECISION FILE: B-194459 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 CATE:August 22, 1979 OF: Administrative Office of U.S. Courts j Forfeiture of Leave ailure to Timely Schedule Two employees submitted written requests for annual leave on first day of third pay period before end of leave year, but they later forfeited annual leave. Civil Service Regulation (5 C.F.R. § 630.308) requires that leave be scheduled before start of third biweekly pay period prior to end of leave year. Employees failed to satisfy this requirement; hence forfeited leave may not be restored. This decision is in response to the request from William E. Foley, Director, Administrative Office of the United States Courts, concerning the advance scheduling requirement for restoration of for- feited annual leave. The issue presented for decision is whether a written request for leave submitted on the first day of the third pay period before the end of the leave year satisfies the requirement that forfeited leave which is restored due to sickness or public exigency be scheduled in advance. The letter from the Administrative Office states that two employees have requested that annual leave which they forfeited be restored to them. Prior to the third pay period before the end of the leave year the employees orally requested annual leave, but their written requests for annual leave were not submitted until the first day of the third pay period before the end of the leave year. The request wassapproved that day but the leave was later forfeited due to public exigency. The Administrative Office denied their requests for restoration of the forfeited annual leave on the ground that they had not scheduled their annual leave within the time limits established under the applicable law and regulation. Under the provisions of 5 U.S.C. § 6304(a), except otherwise specifically provided, an employee may not carry over more than 30 days (240 hours) of annual leave into a new leave year, and any ex- cess annual leave is forfeited. However, section 6304(d) provides as follows: (d)(1) Annual leave which is lost by operation of this section because of-- I 0/ 4,

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