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B-194176 1 (1980-01-03)

handle is hein.gao/gaobadhvo0001 and id is 1 raw text is: a i I 7 R. 1 1 4 11r / 1 TH COMPTROLLER GENERAL DECISION * OF THE UNITED STATES WASHINGTON. D. C. 20548 UNITi FILE: B-194176 DATE: January 3, 1980 MATTER OF: Eugene M. Wiseman -Forfeiture of Annual Leave While employee's absence was improperly charged to leave without pay rather than to annual leave, and where annual leave in excess of 240 hours was forfeited at the end of the leave year, the record does not indicate that the administrative error caused him to forfeit annual leave subject to restoration under 5 U.S.C. § 36304(d)(1)(A). Since employee would have used and not forfeited the leave in question if it had been properly charged to his leave account, the annual leave was properly substituted for leave without pay and not restored under section 6304(d)(1)(A). * Mr. Eugene M. Wiseman has appealed from the settlement of our Claims Division of his claim for restoration of annual leave. The settlement provided that 60 hours of annual leave should be substituted for leave without pay (LWOP), and that Mr. Wiseman be paid for such amount. Mr. Wiseman claims that he should have been paid for 64 hours of annual leave rather than 60, and that his pay should have been computed at.$14.43 per hour instead of $6.87. For the reasons stated below, we agree with the Claims Division's settlement. The record discloses that Mr. Wiseman retired from the Defense Contract Audit Agency (DCAA). on June 30, 1973, and was immediately re-hired as a reemployed annuitant until January 26, 1974, at which time his appointment was terminated. During this period he apparently requested and was granted 200 hours of LWOP even though he had 300 hours of accumulated annual leave on January 12, 1974, the end of the 1973 leave year. Under the provisions of 5 U.S.C. § 6304(a) (1970), an employee cannot accumulate more than 240 hours of annual leave for carryover into a succeeding year. Therefore, Mr. Wiseman forfeited 60 hours of annual leave. k DIGEST:

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