B-137245, OCTOBER 1, 1958, 38 COMP. GEN. 261

B-137245, OCTOBER 1, 1958, 38 COMP. GEN. 261

CIVILIAN PERSONNEL - EMPLOYEES IN ALASKA - ANNUAL LEAVE - ALASKA STATEHOOD WHEN ALASKA BECOMES A STATE OF THE UNITED STATES AND IS ADMITTED TO THE UNION, EMPLOYEES WHO ARE STATIONED IN ALASKA AND ENTITLED TO THE 45 DAY MAXIMUM ACCUMULATION OF ANNUAL LEAVE MAY NO LONGER BE REGARDED AS EMPLOYEES "STATIONED OUTSIDE THE SEVERAL STATES AND THE DISTRICT OF COLUMBIA" WITHIN THE EXPLICIT TERMS OF SECTION 302 (D) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 5 U.S.C. 2062 (D) AND, THEREFORE, ARE AUTOMATICALLY SUBJECT TO THE 30-DAY ANNUAL LEAVE ACCUMULATION LIMITATION IN SECTION 203 (C) OF THE ACT, 5 U.S.C. 2062 (C).

TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, OCTOBER 1, 1958:

ON AUGUST 27, 1958, YOUR ACTING CHAIRMAN REQUESTED OUR DECISION UPON THE QUESTION WHETHER EMPLOYEES STATIONED IN ALASKA WHO PRESENTLY ARE SUBJECT TO THE 45-DAY MAXIMUM ACCUMULATION OF ANNUAL LEAVE UNDER SECTION 203 (D) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 5 U.S.C. 2062 (D), WOULD BECOME SUBJECT TO THE 30-DAY MAXIMUM ACCUMULATION UNDER SECTION 203 (C), 5 U.S.C. 2062 (C), WHEN ALASKA BECOMES A STATE OF THE UNITED STATES.

THE ACTING CHAIRMAN'S LETTER SAYS:

WE DO NOT BELIEVE THAT THE CHANGE IN ALASKA'S STATUS SHOULD HAVE SUCH AN EFFECT. THE 45-DAY MAXIMUM WAS PROVIDED IN LANGUAGE WHICH INCLUDED ALASKA AT THE TIME IT WAS ENACTED, BUT THE REASON FOR SUCH INCLUSION WAS NOT THE FACT OF NON-STATEHOOD, BUT THE RELATIVE INACCESSIBILITY OF THE LOCALITY AND THE REASONABLENESS OF SAVING ANNUAL LEAVE FOR LESS FREQUENT HOME VACATIONS. THAT CONDITION WILL REMAIN THE SAME FOR EMPLOYEES RECRUITED FROM THE OTHER STATES OR THE DISTRICT OF COLUMBIA. IN OUR OPINION THE LANGUAGE OF SECTION 203 (D) WAS MERELY A MEANS OF IDENTIFYING ALASKA AS WELL AS THE OTHER LOCALITIES AFFECTED, AND SHOULD CONTINUE TO BE APPLIED TO THE AREAS TO WHICH IT APPLIED WHEN ENACTED, REGARDLESS OF CHANGES IN THE POLITICAL STATUS OF THOSE AREAS. WE DO NOT BELIEVE THAT CONGRESSIONAL APPROVAL OF STATEHOOD FOR ALASKA INDICATES ANY INTENTION OF CHANGING EMPLOYMENT CONDITIONS FOR FEDERAL EMPLOYEES STATIONED THERE.

IN GENERAL, SECTION 203 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, PLACES A MAXIMUM LIMITATION OF 30 DAYS ON THE AMOUNT OF ANNUAL LEAVE THAT MAY BE ACCUMULATED UNDER THAT ACT. SECTION 203 (D) INCREASES THAT LIMITATION TO 45 DAYS WHEN EMPLOYEES ARE "STATIONED OUTSIDE THE SEVERAL STATES AND THE DISTRICT OF COLUMBIA.' UPON THE ADMISSION OF THE STATE OF ALASKA INTO THE UNION, EMPLOYEES STATIONED IN ALASKA HENCEFORTH WILL BE STATIONED IN ONE OF THE SEVERAL STATES OF THE UNITED STATES AND NO LONGER COULD THEY BE REGARDED AS "STATIONED OUTSIDE THE UNITED STATES AND THE DISTRICT OF COLUMBIA" WITHIN THE MEANING OF SECTION 203 (D) OF THE LEAVE ACT. UNDER THE PLAIN WORDING OF THAT ACT, THEY AUTOMATICALLY BECOME SUBJECT TO THE 30-DAY LIMITATION ON THE ACCUMULATION OF ANNUAL LEAVE AS PROVIDED FOR IN SECTION 203 (C).

THE IMPLICATIONS OF THE ADMISSION OF THE STATE OF ALASKA INTO THE UNION REGARDING OTHER LAWS OF THE UNITED STATES ARE, OF COURSE, BOUND TO BE FAR REACHING. THOSE IMPLICATIONS ARE RECOGNIZED IN THE PRESIDENT'S LETTER OF JULY 18, 1958, TO THE DIRECTOR, BUREAU OF THE BUDGET AND IN BULLETIN NO. 59-1 OF THE BUREAU OF THE BUDGET DATED AUGUST 4, 1958, TO WHICH THE PRESIDENT'S LETTER IS AN ATTACHMENT, AND MAY REQUIRE THE PRESENTATIONS OF FURTHER LEGISLATIVE PROPOSALS TO THE CONGRESS.

THE LEAVE PROVISIONS HERE INVOLVED ARE VERY EXPLICIT AND WE WILL NOT PRESUME A DIFFERENT INTENT OF CONGRESS IN RESPECT OF THE APPLICATION OF THOSE PROVISIONS TO THE STATE OF ALASKA AFTER ITS ADMISSION INTO THE UNION, HAVING FOUND NO INDICATION OF SUCH AN INTENT IN THE LEGISLATIVE HISTORY OF EITHER PERTINENT ACT.

THEREFORE, WE MUST CONCLUDE THAT EFFECT MUST BE GIVEN TO THE PLAIN LANGUAGE OF SUBSECTIONS (C) AND (D) OF SECTION 203, AND THAT WE MUST AWAIT THE ENACTMENT OF LEGISLATION TO DETERMINE THE POLICY OF WHETHER THE 45-DAY LEAVE LIMITATION WILL CONTINUE TO APPLY TO ALASKA UPON ITS ADMISSION INTO THE UNION.