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B-209958 1 (1983-03-02)

handle is hein.gao/gaobadkxr0001 and id is 1 raw text is: - ~ o.LC~>~THE COMPTROLLER GENERAL OECISION . OF THE UNITED STATES ~. WASHINGTON. 0.C. 20549 FILE: B-209958 DATE: March 2, 1983 MATTER OF: Restoration of Forfeited Annual Leave DIGEST: 1. Employee who forfeits scheduled annual leave because he cannot use it while suspended from his position due to an indictment may not have the forfeited leave restored on the basis of exi- gency of the public business. Resto- ration of annual leave lost due to an exigency was meant to encompass situa- tions where the employee could not take the leave because he was needed on the job. 2. Since forfeiture of annual leave resulted because employee could not use the time, and not because supervisors assured the employee that he would not lose it, leave may not be restored on the basis of adminis- trative error. This decision responds to an appeal by a former employee of the Internal Revenue Service (IRS), of our Claims Group's settlement dated November 1, 1982 (Z-2844291), which denied his request for restoration of and lump-sum payment for 92 hours of forfeited annual leave. At issue is whether an employee who forfeits annual leave which he cannot use because he is suspended from duty while under indictment may have such leave restored to him and receive payment for the lost hours. For the reasons which follow, we affirm our Claims Group's settlement deny- ing restoration of the forfeited hours. In October of 1981 an employee of the IRS was indicted for falsifying IRS documents. At that time the employee had 92 hours of accumulated annual leave which would be forfeited if not used before January 1982. He requested and a,'41 bl731

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