MITCHELL J. SABAGH- RESTORATION OF FORFEITED ANNUAL LEAVE UNDER PUBLIC LAW 93-181

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00357R000600050028-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: May 3, 2001
• Sequence Number: 28
• Publication Date: February 13, 1975
• Content Type: MISC

THE COMPTR'-LLEP GENERAL
I P> W 67E0gWA ( W8!? TAT E S
W A S H I N G T O N . D. C. 2 0 5 4 0
FILE: .B-176168
DATE: FEB 13 1975
OF: Mitchell J. Sabagh - Restoration' of forfeited annual
leave' under Public Law 93-181-`
Employee who received lump-sum leave payment upon
separation was reemployed priortoexpiration of period
covered by-leave. Agency withheld recredit of such
leave until installment paymints 'covering excess lump-
sum payment was completed and employee forfeited 89,
hours of leave when his leave record was reconstructed
as of date of reemployment. Agency's determination not
to restore leave is affirmed since it was held in?
A-176168,`September 1, 1972, that leave was primarily
forfeited through employee's delay in refunding excess
lump-sum leave payment and there is no additional
evidence to show administrative error warranting
recrediting under provisions of Public Law 93-181.
DECISION
FILE: B-182608
THE COMPTRULLER GENERAL
OF THE UNITED STATES
.WASHINGTON. 0. C. 2054B
DATE: FEB 2 7 1975
MATTER OF: Arden D. Haeffner - Annual leave restoration -
Administrative error
DIGEST: Employee resigned August 18, 1973, and forfeited 93
hours of annual leave in excess of maximum amount Claim
payable in lump sum under 5 U.S.C. ?5551(a) , failure
for payment for lost leave on basis that agency
to inform employee of limitation is administrative
error under Public Lai No. 93-131,-is denied since act
provides relief only for annual leave lost by operation
of 5 U.S.C. ?6304, which limits annual leave carryover
to new leave year. ;:o-xever, if employee's separation
is determined by his agency not to be in conformance
with established agency policy, applicable regulations,
or intent of parties, no objection would be made to
employee's restoration to rolls for purposes of payment
of leave.
Approved For Release 2001/08/02 : CIA-RDP82-00357R000600050028-5 ,
This action is in response to a l otter of rover er ?., 1974
from Orris C. Iluet, ran authorized certifying, officer.ofthe United
_ _ .. frn t?
 Approved For Release 2001/08/02 : CIA-RDP82-00357R000600050028-5
STATINTL
STATINTL
SENDER WILL CHECK CLASS[ ATION TOP AND BOTTOM
"NCLASSIFIED CONFIDENTIAL SECRET
OFFICIAL ROUTING SLIP
TO
NAME AND ADDRESS
DATE
INITIALS
1
Chief, Review Staff
2
Attn
'`-
3
626 Chamber of Commerce
4
5
6
ACTION
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
RECOMMENDATION
COMMENT
FILE
RETURN
CONCURRENCE
INFORMATION
SIGNATURE
Remarks :
Attached for your perusal are digests of some
fairly recent opinions of the Comptroller General
dealing primarily with administrative error and
P .L . 93-181 (restoration of annual leave). (Code
sections cited are 5 U . S . C . 5344, 5551 and 6304.)
1 have the full opinions and will be glad to send you
copies of any one - or all - if you so desire.
Assis an a era Counsel
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS AND PHONE NO.
DATE
OGC 7D07 Hqs. ext. 7541
6Oct75
UNCLASSIFIED CONFIDENTIAL
SECRET
FORM No. 237 Use previous editions
1-67 L 237
Approved For Release 2001/08/02 : CIA-RDP82-00357R000600050028-5