B-166469, JAN. 26, 1970
Highlights
TRAINING DECISION TO CLAIMANT CONCLUDING THAT MATTER OF GRANTING LEAVE TO EMPLOYEE DURING HOLIDAY PERIODS WHILE IN A TRAINING COURSE IS AN ADMINISTRATIVE MATTER. IN THE ENCLOSURES WITH YOUR LETTER IS A COPY OF A LETTER FROM THE CIVIL SERVICE COMMISSION DATED DECEMBER 18. WHICH APPARENTLY IS A REPLY TO A LETTER FROM YOU CONCERNING THE CHARGING OF ANNUAL LEAVE WHILE YOU WERE ATTENDING THE TRAINING COURSE AT SYRACUSE. THE LETTER STATES THAT THE COMMISSION HAS NOT REGULATED SPECIFICALLY IN THE AREA COMPLAINED OF NOR DO THEY FEEL THAT ADDITIONAL REGULATIONS ARE REALLY NECESSARY. THAT ACTION IS BEING TAKEN TO INCORPORATE SOME GUIDANCE IN THE FEDERAL PERSONNEL MANUAL SYSTEM. IT IS NOTED THAT THE COMMISSION STATES THAT THE BASIC PROBLEM DESCRIBED THEREIN IS STILL ONE FOR RESOLUTION BETWEEN YOU AND YOUR EMPLOYING AGENCY.
B-166469, JAN. 26, 1970
CIVIL PAY--LEAVE--TRAINING DECISION TO CLAIMANT CONCLUDING THAT MATTER OF GRANTING LEAVE TO EMPLOYEE DURING HOLIDAY PERIODS WHILE IN A TRAINING COURSE IS AN ADMINISTRATIVE MATTER.
TO MR. REINALDO E. RIVERA:
THIS REFERS TO YOUR LETTER OF DECEMBER 23, 1969, WITH ENCLOSURES, REQUESTING THAT WE RENDER A DECISION CONCERNING THE CHARGE OF ANNUAL LEAVE BY THE DEPARTMENT OF THE NAVY DURING HOLIDAY PERIODS WHILE PURSUING A TRAINING COURSE AT SYRACUSE, NEW YORK, DURING THE PERIOD SEPTEMBER 8, 1966, TO JULY 22, 1967.
IN THE ENCLOSURES WITH YOUR LETTER IS A COPY OF A LETTER FROM THE CIVIL SERVICE COMMISSION DATED DECEMBER 18, 1969, WHICH APPARENTLY IS A REPLY TO A LETTER FROM YOU CONCERNING THE CHARGING OF ANNUAL LEAVE WHILE YOU WERE ATTENDING THE TRAINING COURSE AT SYRACUSE. THE LETTER STATES THAT THE COMMISSION HAS NOT REGULATED SPECIFICALLY IN THE AREA COMPLAINED OF NOR DO THEY FEEL THAT ADDITIONAL REGULATIONS ARE REALLY NECESSARY. ALSO, THAT ACTION IS BEING TAKEN TO INCORPORATE SOME GUIDANCE IN THE FEDERAL PERSONNEL MANUAL SYSTEM. IT IS NOTED THAT THE COMMISSION STATES THAT THE BASIC PROBLEM DESCRIBED THEREIN IS STILL ONE FOR RESOLUTION BETWEEN YOU AND YOUR EMPLOYING AGENCY. AS YOU ARE AWARE IT IS A FUNCTION OF THE COMMISSION TO PRESCRIBE REGULATIONS NECESSARY FOR THE ADMINISTRATION OF THE ANNUAL AND SICK LEAVE ACT OF 1951. 5 U.S.C. 6311. THE COMMISSION IN ITS LETTER OF DECEMBER 18, 1969, STATED THAT "GENERALLY, APPLICATION OF THE ANNUAL AND SICK LEAVE PROVISIONS OF THE LAW AND REGULATIONS DO NOT BECOME INOPERATIVE IN SITUATIONS WHERE EMPLOYEES PARTICIPATE IN FULL-TIME TRAINING FOR EXTENDED PERIODS.
AS POINTED OUT IN OUR LETTER OF SEPTEMBER 25, 1969, TO YOU, THE GRANTING OF LEAVE WITHIN THE LIMITATION OF APPLICABLE LAWS AND REGULATIONS IS AN ADMINISTRATIVE MATTER. THEREFORE UNLESS YOU ARE ABLE TO CONVINCE THE DEPARTMENT OF THE NAVY THAT YOU SHOULD NOT BE CHARGED ANNUAL LEAVE DURING THE PERIODS IN QUESTION, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN OUR PREVIOUS ACTIONS IN YOUR CASE.