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B-207139 1 (1982-09-29)

handle is hein.gao/gaobadkql0001 and id is 1 raw text is: 4.THL' COMAPTROLLER c3WJPAL DIECISION . OF THE UNITEC BTATEB 3 ~ ., ASHINGTON, D. C. 20040 FILE: 207139 DATE: Septenber 29, 1982 MATTER OF: William 14. Gualtieri - Restoration of Forfeited Annual Leave DIGEST: An employee of the Office of Personnel :anagement (01t), on approved leave for the remairdrer of the 1981 eave year, forfeited 4 hours of annual leave as it rest'; of the President granting 4 hours of administrative leave on December 24, 1981. The employee's annual leave account exce,.iled the maximum carryover .)f 240 hours. The railure of OP1 to counsel employee-(-0 holding in Josepi, A. Seyrn3ur, B-182549, Augusc 22, 1975, doe3 not constitute admlinistrative error. No authority exists for restoration of such fcrfeiterl annual leave under 5 U.S.C. 5 6304(d)(1)(A) hase-'! upon administirative error by the *jenuy since O.'1P does not havc a reg1ItaLIon which requires that its employees be counseled concir'icrJg possible forfelture. 1lr. William i. Gualtieri, an employee of the Office of Per'sonnel lanagement (OPI), has appealed Settlement Certificae Z-2837506, dated March 16, 1932, issued by olir Claims Group, which denied his claia for restoration of .1 hours of anniual leave that lie forfeited durin- the 1981 leave year. The issue on appeal is whether the failure of an aglency to advise its employees how to scledule the use of their annual leave to take into account tlhe possibility that the Pre-ident iould deczee± that ethpioyees on approved l.ave would- n1ot hVe charged leave for the last half of the workday on .w I1 . *, • I I I

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