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B-212548 1 (1984-01-24)

handle is hein.gao/gaobadlmt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION o rsP THE UNITEO STATE SWASHINGTON, 0 C. 20548 FILE: B-212548 DATE: January 24, 1984 MATTER OF: George A. Raub DIGEST: An employee of the Merit Systems Pro- tection Board submitted a written and timely request for use of 204 hours of annual leave subject to forfeiture at the end of the leave year. The Board denied use of leave due to work- load without scheduling it. The Board's failure to schedule the annual leave or request an exigency determination by the designated official constituted administrative error under 5 U.S.C. S 6304(d)(1)(A), and the leave may be restored. By letter of July 26, 1983, we were asked by the Merit Systems Protection Board to determine whether its former em- ployee, George A. Raub, is entitled to have annual leave forfeited at the end of the 1982 leave year restored under the provisions of 5 U.S.C. S 6304(d). We find that Mr. Raub is entitled to restoration of the forfeited leave. On November 4, 1982 (more than three pay periods before the end of the 1982 leave year), Mr. Raub, then an employee of the Board's Office of Merit Review and Studies, requested in writing that he be allowed to schedule 204 hours of use or lose leave from November 23 to December 31, 1982. On November 5, 1982, his supervisor denied the request due to the office workload. On January 9, 1983, Mr. Raub requested that the 204 hours of forfeited leave be restored. The Board states that the leave has not been restored because of its understanding that the statute and imple- menting regulations require that the leave actually be scheduled in advance. Since Mr. Raub's leave request was denied by his supervisor and the leave was never scheduled, the Board asks whether it may restore the 204 hours of leave forfeited by Mr. Raub. Subsection 6304(d)(1) of title 5 of the United States Code provides for restoration of annual leave lost by the operation of that section because of: 0-1-(03 9

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