B-166909, JUN. 18, 1969

B-166909, JUN. 18, 1969

TO MR. HAROLD J. FARRALL:

WE REFER TO YOUR LETTER OF MAY 6, 1969, REFERENCE 7-360, REQUESTING OUR DECISION WHETHER AN EMPLOYEE SHOULD BE CHARGED ANNUAL LEAVE FOR THE TIME SPENT ON A HOUSE HUNTING TRIP, AUTHORIZED UNDER SECTION 2.4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, WHEN THE EMPLOYEE DECLINES THE TRANSFER AFTER PERFORMING SUCH TRAVEL.

INITIALLY WE POINT OUT THAT THE QUESTION OF CHARGING ANNUAL LEAVE TO AN EMPLOYEE IN A GIVEN SITUATION HAS LONG BEEN VIEWED BY OUR OFFICE AS A MATTER PRIMARILY FOR ADMINISTRATIVE DETERMINATION. HOWEVER, IN AN APPROPRIATE FACTUAL SITUATION OUR OFFICE WILL DISAPPROVE A CHARGE TO ANNUAL LEAVE IF THE ADMINISTRATIVE ACTION IS UNWARRANTED. SEE 39 COMP. GEN. 250.

SECTION 2.4C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES, IN PERTINENT PART, AS FOLLOWS:

"/1) A TRIP FOR FINDING RESIDENCE QUARTERS WILL NOT BE PERMITTED AT GOVERNMENT EXPENSE UNTIL AFTER AN EMPLOYEE HAS AGREED TO THE TRANSFER AND THE DATE OF THE TRANSFER HAS BEEN ESTABLISHED, AND SHALL NOT BE AUTHORIZED UNDER CIRCUMSTANCES WHERE A PURPOSE OF THE TRIP IS TO PERMIT THE EMPLOYEE TO DECIDE WHETHER HE WILL ACCEPT THE TRANSFER. IF AN EMPLOYEE ACCEPTS A TRANSFER AND, AFTER MAKING A TRIP TO THE NEW STATION FOR THE PURPOSE OF FINDING PERMANENT QUARTERS, OR AFTER THE SPOUSE HAS MADE SUCH A TRIP, DECLINES THE TRANSFER, HE IS LIABLE UNDER THE PROVISIONS OF SUBSECTION 1.3C (1).

"/3) A PERMANENT CHANGE OF STATION TRAVEL ORDER SHOULD BE ISSUED WHICH INCLUDES AUTHORIZATION FOR THE ADVANCE ROUND TRIP, MODE OF TRANSPORTATION AND PERIOD OF TIME ALLOWED FOR THE TRIP. THE TRIP SHALL NOT BE MADE AT GOVERNMENT EXPENSE UNLESS THE TRAVEL ORDER INCLUDES THE DUTY REPORTING DATE AT THE NEW OFFICIAL STATION AND INDICATES THAT THE EMPLOYEE HAS SIGNED THE REQUIRED AGREEMENT. AN EMPLOYEE WILL BE IN A DUTY STATUS DURING THE AUTHORIZED OR APPROVED ROUND TRIP PERIOD OF ABSENCE.'

THE ABOVE-QUOTED REGULATION REQUIRES THAT THE EMPLOYEE ACTUALLY AGREE TO THE TRANSFER BEFORE A HOUSE HUNTING TRIP IS AUTHORIZED AT GOVERNMENT EXPENSE. THAT REQUIREMENT ACCORDS WITH THE GENERAL INTENT OF THE REGULATIONS TO ELIMINATE WASTEFUL OR UNNECESSARY TRAVEL. SEE SECTION 2.4A OF CIRCULAR NO. A-56.

WHEN AN EMPLOYEE PERFORMS ROUND TRIP TRAVEL FOR THE PURPOSE OF SEEKING RESIDENCE QUARTERS AND THEREAFTER, FOR REASONS UNACCEPTABLE TO THE AGENCY CONCERNED, DECLINES THE TRANSFER, IT IS OBVIOUS THAT THE PURPOSE OF SUCH TRAVEL HAS BEEN TOTALLY DEFEATED AND THAT THE INTEREST OF THE GOVERNMENT HAS IN NO WAY BEEN SERVED. IN SUCH CIRCUMSTANCES WE BELIEVE THAT THE EMPLOYING AGENCY, IN THE EXERCISE OF ITS DISCRETIONARY AUTHORITY, MAY PROPERLY CHARGE THE EMPLOYEE WITH ANNUAL LEAVE FOR THE TIME INVOLVED IN PERFORMING SUCH TRAVEL.