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B-213849 1 (1984-05-14)

handle is hein.gao/gaobadlrr0001 and id is 1 raw text is: THE COMPTROLLER ENUNRAL DECISION * OP THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-213849 DATE: May 14, 1984 MATTER OF: Wallie Breig- Forfeiture of Annual Leave DIGEST: An employee who transferred from the Social Security Administration (SSA) to the Department of Labor was errone- ously given a lump sum leave payment. He returned the payment, but his leave balance from SSA was not credited to his account until 2 years later. Even though it was an error not to have promptly credited the annual leave upon his transfer, since the employee had sufficient time to schedule and use the excess leave after it was credited, he may not be recredited with the leave which he forfeited at the end of the leave year. Mr. Thomas A. Komarek, Assistant Secretary for Administration and Management, Department of Labor (DOL), has requested our decision as to whether Mr. Wallie Breig, a DOL employee, must forfeit 61 hours of annual leave., Since administrative error was not the direct cause of Mr. Breig's failure to use 61 hours of excess leave prior to its forfeiture, he may not have this leave recredited to his account. Mr. Komarek states that Mr. Breig transferred from the Social Security Administration (SSA), to the Department of Labor in September 1980. Upon his departure from SSA Mr. Breig was issued a check covering 144 hours of accrued annual leave. Mr. Breig, realizing that the lump sum pay- ment was made in error, returned the payment to SSA. From September 1980 until September 1982, Mr. Breig and DOL's Regional Personnel Office (Kansas City, Missouri), tried repeatedly to obtain a Record of Leave Data (SF-1150) from the SSA. In late September or early October 1982, the SF-1150 was received and Mr. Breig's leave records were adjusted with a credit of 144 hours of annual leave to reflect his correct leave balance during pay period 22, ending October 16, 1982. From the time of the adjustment COLO :y~

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