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B-211881 1 (1983-12-09)

handle is hein.gao/gaobadllk0001 and id is 1 raw text is: DECISION FILE: B-211881 THE COMPTROLLER gENERAL OP THE INITED UTATE- WASHINGTON, O.C. 20548 DATE: December 9, 1983 MATTER OF: Thomas C. James DIGEST: An employee who was credited excess annual leave because of administrative error must restore that leave to the extent that repay- ment does not result in a negative leave bal- ance at the end of any leave year. If the employee used erroneously credited leave, repayment of the resulting overpayment of pay may be waived if it appears he did not know, or have reason to know, of the error. If records sufficient to establish the em- ployee's leave record are not available for any peridd of time it may not be assumed that he used excess leave for purposes of estab- lishing a debt and considering waiver. This action responds to the request of the Director of Personnel, Department of the Treasury, for an advance decision concerning whether the overpayment of an em- ployee through erroneously credited annual leave may be waived or, alternatively, what is the proper means for recoupment of erroneously credited leave in this instance. Unless reduction of his known leave balance at the end of any leave year by the number of hours of overcredited leave would result in a negative balance the employee is not indebted and waiver may not be consid- ered. The excess leave should be deducted from his leave account. Excess leave credited to the employee's account as a result of administrative error during years for which his leave record is no longer available should not be the basis for establishing a debt and the considera- tion of waiver since it cannot be determined whether he used any excess leave hours. In January 1969 when Thomas C. James entered on duty, his service computation date was improperly designated because of an erroneous crediting of certain military service. As a result, he was placed in leave- earning category 3 (8 hours annual leave accrual per pay period) in September 1974, which was 1 year, 11 months, and 15 days, or 48 pay periods, in advance of the date he M-7r1 3,Q

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