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B-223250 1 (1987-08-27)

handle is hein.gao/gaobadmuu0001 and id is 1 raw text is: 


RThe Comptroller General
           of the United States
           Washington, D.C. 20548
           Decision




           Matterof. Jeffrey L. Hodges - Restoration of Forfeited
                    Annual Leave
           File:    B-223250

           Date:    August 27, 1987


           DIGEST

           During 1984, a Department of Energy employee was detailed to
           perform work for a Congressional Subcommittee. He was
           unable to take annual leave, a vacation to Europe, due to
           the work he was performing for the Subcommittee, and he
           forfeited 77 hours of annual leave. While the regulation,
           5 C.F.R. S 630.308 (1984), states that the use of annual
           leave must be scheduled in advance in writing, the statutory
           provision, 5 U.S.C. S 6304(d)(1)(B) (1982), does not
           specifically require that a written request be made by the
           employee. Here, the claimant was detailed to work for a
           Subcommittee of the Congress for an extended period of time.
           He scheduled the use of his annual leave, in advance, in a
           timely manner and such use was approved by Subcommittee
           officials. In these circumstances, the intent of the
           statutory requirement of advance scheduling of annual
           leave has been adequately met. The 77 hours of annual leave
           which was forfeited may be restored.


           DECISION

           This decision is in response to a request by Mr. J. M.
           Schulman, Director of Personnel, Department of Energy (DOE),
           for a determination as to whether 77 hours of annual leave
           which was forfeited by Mr. Jeffrey L. Hodges, a former
           employee of DOE, may be restored. For the reasons stated
           later in this decision, we conclude that the 77 hours of
           forfeited annual leave may be restored.


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