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Office of the General Counsel

Matter of: [claimant]
Date: June 1, 2000
File Number: 00-4329

OPM Contact: xxxx

The claimant, a xxxx in the Senior Executive Service with the [agency], seeks restoration of one day of annual leave, eight hours, which he forfeited at the end of the 1999 leave year. See 5 U.S.C. ' 6304(a), 5 U.S.C. ' 6304(f)(1)(A), 5 U.S.C. ' 6304(f)(2)(A), and 56 Comp. Gen. 470 (1977). For the reasons discussed herein, the claim is granted.

As explained by the agency, while the claimant requested leave, his request was not scheduled and approved in writing prior to November 20, 1999 (the end of the 23rd bi-weekly pay period) as required by regulation, 5 C.F.R. ' 630.308(a). The agency acknowledges that the claimant's leave had been orally approved prior to November 20, 1999, and the agency does not dispute the claimant's assertion that he was unable to use the leave as a result of exigencies of the public business. See 5 U.S.C. ' 6304(d)(1)(B).

The Comptroller General has determined that while the leave restoration regulation states that the use of annual leave must be scheduled in advance and be in writing, this is not a statutory requirement. See Jeffrey L. Hodges, B-223250, August 27, 1987. The claim is, therefore, granted, and the Justice Department is directed to restore 8 hours of leave to the claimant's account.

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