s004347

Office of the General Counsel

Date: April 13, 2000
Matter of: [xxx]
File Number: S004347

OPM Contact: Murray M. Meeker

The claimant, an employee with the [xxx], seeks restoration of 28.2 hours of annual leave which he forfeited at the end of the 1999 leave year. For the reasons discussed herein, the claim is denied.

As explained by the claimant, 1999 was an exceptional year for [xxx]. Indeed, the claimant reported that in December 1999, he and many other [xxx] employees worked 60-hour workweeks, and that toward the end of 1999, there was a [xxx] which resulted in the cancellation of all annual leave for [xxx] employees. The claimant acknowledges, however, that he did not schedule his leave until after the start of the third biweekly pay period prior to the end of the 1999 leave year. See 5 C.F.R.  630.308(a). Having failed to schedule his leave prior to the regulatory deadline, the claimant's forfeited leave may not be restored. See William K. Knotts, B-248232, September 22, 1992. The scheduling requirement may not be waived or modified even though extenuating circumstances may have been present. See George H. Mikos, B-245117, January 21, 1992.

This settlement is final. No further administrative review is available within the Office of Personnel Management. Nothing in this settlement limits the employee's right to bring an action in an appropriate United States Court.