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B-247196 1 (1992-04-13)

handle is hein.gao/gaobadoaw0001 and id is 1 raw text is: 1 /omp ro Uer General 1- of the United ShameVAL'4j WkJngto. D, 2064 Decision Matter of: Dr. James A. Majeski--Restoration of forfeited annual leave. File: B-247196 Date: April 13, 1992 DIGEST An employee failed to use restored forfeited leave within the required 2-year period and the leave again was forfeited, Although the employee alleges that the agency erred in advising him regarding the rules for using.'restored leave, the leave may not be restored again. The 2-year requirement, which is contained in a regulation issued by OPM, has the force and effect of law and may not be waived or modified by this Office, 5 C.F.R, § 630.306 (1991). DECISION Dr. James A, Majeski appeals our Claims Group settlementt denying his claim to have 91-1/2 hours of forfeited annual leave restored to his credit, For the reasons stated below, we affirm the Claims Group's settlement, Dr. Majeski is a surgeon at the Veterans Administration (VA) Hospital in Charleston, South Carolina, In 1986 ,-the VA restored 91-1/2 'hours of annual leave to' Dr. Majeski that had been forfeited at the end of the 1985 leave' year, However, he did not use the restored leave within the required 2-year period, and the leave again was forfeited. Dr. Majeski alleges that the VA failed to prop$rly counsel him regarding the requirement that the', restoredL leave be used within the 2-year period. He further alleges thatethe agency took annual leave used'.during the 2-yeat' period from his regular accrued leave instead of the account containing his restored leave. In response, the agency notes that when Dr. Majeski first sought to have the leave restored in 1985, he requested to have it restofed for use in 1986, well within the 2-year requirement. The agency, states that the leave was restored to a separate account for use within the prescribed 2-year period. Further, the agency contends that if there was an error regarding the charging of annual leave, this would have been reflected on Dr. Majeski's 'Z-2862430, Nov. 6, 1991./

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