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A-84992, MAY 26, 1937, 16 COMP. GEN. 1039

A-84992 May 26, 1937
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SUCH DAYS INTERVENING IN A PERIOD OF ANNUAL LEAVE OF ABSENCE WITH PAY SHOULD BE INCLUDED IN COMPUTING THE 2 1/2 DAYS TO WHICH TEMPORARY EMPLOYEES ARE ENTITLED FOR EACH MONTH OF SERVICE IF PAID ON AN ANNUAL BASIS FOR EVERY DAY IN THE YEAR. 16 COMP. ABSENT WITH LEAVE ALL OF A SATURDAY ARE CHARGEABLE WITH 1 DAY'S ANNUAL LEAVE. NO CHARGE IS REQUIRED FOR SUNDAY WHERE RETURN TO DUTY IS AT THE OPENING HOUR OF BUSINESS ON MONDAY. IS NOT FOR DETERMINATION UPON THE BASIS OF THE MEASURE OF COMPENSATION. THAT IS. IS AS FOLLOWS: REFERENCE IS MADE TO DECISION A-84992. PERSONS WHO ARE APPOINTED FOR DEFINITE PERIODS OF TIME NOT EXCEEDING SIX MONTHS SHALL BE CONSIDERED TEMPORARY EMPLOYEES.'. IN THE ANTEPENULTIMATE PARAGRAPH OF YOUR DECISION YOU POINT OUT THAT THE LEAVE REGULATIONS PROMULGATED PURSUANT TO STATUTE HAVE THE FORCE AND EFFECT OF LAW.

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A-84992, MAY 26, 1937, 16 COMP. GEN. 1039

LEAVES OF ABSENCE - ANNUAL - ACT, MARCH 14, 1936 - PERMANENT AND TEMPORARY EMPLOYEES - FRACTIONAL MONTHS AND YEARS, AND SATURDAYS, SUNDAYS, AND HOLIDAYS THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, BEING SILENT AS TO SUNDAYS AND HOLIDAYS IN THE GRANTING OF 2 1/2 DAYS' ANNUAL LEAVE FOR EACH MONTH OF SERVICE FOR TEMPORARY EMPLOYEES IN CONTRADISTINCTION TO THE 26 DAYS EACH CALENDAR YEAR,"EXCLUSIVE OF SUNDAYS AND HOLIDAYS" FOR PERMANENT EMPLOYEES, SUCH DAYS INTERVENING IN A PERIOD OF ANNUAL LEAVE OF ABSENCE WITH PAY SHOULD BE INCLUDED IN COMPUTING THE 2 1/2 DAYS TO WHICH TEMPORARY EMPLOYEES ARE ENTITLED FOR EACH MONTH OF SERVICE IF PAID ON AN ANNUAL BASIS FOR EVERY DAY IN THE YEAR. 16 COMP. GEN. 934, AFFIRMED. TEMPORARY EMPLOYEES--- BUT NOT PERMANENT EMPLOYEES--- PAID ON AN ANNUAL BASIS FOR EVERY DAY IN THE YEAR, ABSENT WITH LEAVE ALL OF A SATURDAY ARE CHARGEABLE WITH 1 DAY'S ANNUAL LEAVE, BUT NO CHARGE IS REQUIRED FOR SUNDAY WHERE RETURN TO DUTY IS AT THE OPENING HOUR OF BUSINESS ON MONDAY. UNDER THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, LEAVE OF PERMANENT EMPLOYEES MAY BE PRORATED FOR A FRACTIONAL YEAR OR MONTH OF SERVICE, BUT LEAVE FOR TEMPORARY EMPLOYEES MAY BE COMPUTED ONLY ON THE BASIS OF A FULL MONTH'S SERVICE. THE GRANTING OF LEAVE UNDER THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, IS NOT FOR DETERMINATION UPON THE BASIS OF THE MEASURE OF COMPENSATION--- PIECE WORK, PER ANNUM, PER DIEM, ETC.--- BUT UPON THE TENURE OF EMPLOYMENT, THAT IS, PERMANENT OR TEMPORARY AS DEFINED BY SECTION 14 OF THE UNIFORM ANNUAL LEAVE REGULATIONS.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, MAY 26, 1937:

YOUR LETTER OF MAY 17, 1937, IS AS FOLLOWS:

REFERENCE IS MADE TO DECISION A-84992, DATED APRIL 16. IN THIS DECISION YOU QUOTE SECTION 14 OF THE UNIFORM ANNUAL LEAVE REGULATIONS AS FOLLOWS:

"* * * FOR LEAVE PURPOSES, PERSONS WHO ARE APPOINTED FOR DEFINITE PERIODS OF TIME NOT EXCEEDING SIX MONTHS SHALL BE CONSIDERED TEMPORARY EMPLOYEES.'

IN THE ANTEPENULTIMATE PARAGRAPH OF YOUR DECISION YOU POINT OUT THAT THE LEAVE REGULATIONS PROMULGATED PURSUANT TO STATUTE HAVE THE FORCE AND EFFECT OF LAW. IT IS STATED "THESE EMPLOYEES (TEMPORARY) ARE ENTITLED TO TWO AND ONE-HALF DAYS' ANNUAL LEAVE, INCLUSIVE OF SUNDAYS AND HOLIDAYS, FOR EACH FULL MONTH OF SERVICE.'

IT IS RECOGNIZED THAT THE LAW AS TO REGULAR EMPLOYEES CONTAINS THE EXPRESSION "EXCLUSIVE OF SUNDAYS AND HOLIDAYS" AND DID NOT REPEAT THIS EXCLUSION AS TO THE TEMPORARY EMPLOYEES' LEAVE. HOWEVER, SECTION 11 OF THE PRESIDENT'S LEAVE REGULATIONS, WHICH YOU HAVE INDICATED WERE PROMULGATED PURSUANT TO STATUTE AND HAVE THE FORCE AND EFFECT OF LAW, STATES THAT EMPLOYEES SHALL BE CHARGED WITH ANNUAL LEAVE ONLY FOR ABSENCE ON THEIR WORK DAYS AND NO DISTINCTION IS MADE BETWEEN PERMANENT EMPLOYEES AND TEMPORARY EMPLOYEES. IN VIEW OF THIS INDICATION THAT THE REGULATIONS DO NOT CONTEMPLATE CHARGING OF SUNDAYS AND HOLIDAYS AGAINST ANY CLASS OF ANNUAL LEAVE, YOUR RECONSIDERATION OF THIS POINT IS DESIRED.

IF DECISION THAT LEAVE FOR TEMPORARY EMPLOYEES IS INCLUSIVE OF SUNDAYS AND HOLIDAYS IS AFFIRMED, FURTHER DECISION IS DESIRED WHETHER LEAVE TO TEMPORARY EMPLOYEES ON SATURDAYS WHEN STANDING ALONE (I.E., WHEN LEAVE IS NOT TAKEN ON THE FOLLOWING MONDAY), WILL BE CONSIDERED A FULL DAY OR FOUR HOURS. IT IS ASSUMED THAT THE SUNDAY IN THIS ILLUSTRATION WOULD NOT BE CHARGED AS LEAVE.

THIS DECISION ALSO STATES THAT PERSONS EMPLOYED TEMPORARILY FOR INDEFINITE PERIODS, EVEN THOUGH CONSIDERED TEMPORARY FOR OTHER PURPOSES, ARE TO BE CLASSED AS PERMANENT FOR LEAVE PURPOSES AND ARE ENTITLED TO TWO AND ONE-SIXTH DAYS ANNUAL LEAVE "FOR EACH FULL MONTH OF SERVICE.' THE EXPRESSION IN QUOTATIONS IS USED ALSO IN CONNECTION WITH THE TWO AND ONE- HALF DAYS LEAVE FOR TEMPORARY EMPLOYEES. DECISION IS DESIRED WHETHER IN BOTH THESE CASES FRACTIONAL MONTHS MUST BE OMITTED IN COMPUTING THE LEAVE EARNED; FOR EXAMPLE, IF AN EMPLOYEE HAS WORKED TWO AND ONE-HALF MONTHS IS IT REQUIRED THAT LEAVE BE COMPUTED FOR TWO MONTHS ONLY?

SECTION 19, PARAGRAPH (F) (5) OF THE ANNUAL LEAVE REGULATIONS EXCEPTS FROM THE LEAVE PRIVILEGES "EMPLOYEES ENGAGED TEMPORARILY FOR LESS THAN A MONTH ON A PIECE-PRICE BASIS," A FAIR INFERENCE BEING THAT TEMPORARY EMPLOYEES FOR LESS THAN A MONTH ON OTHER THAN PIECE-PRICE BASIS ARE ALLOWED LEAVE PRIVILEGES. IF LEAVE MAY BE COMPUTED FOR A FRACTION OF A MONTH IN A PERIOD EXCEEDING A FULL MONTH, MAY LEAVE BE ALLOWED A TEMPORARY EMPLOYEE NOT ON A PIECE-PRICE BASIS WHEN THE TOTAL SERVICE IS LESS THAN A FULL MONTH?

THE DECISION OF WHICH RECONSIDERATION IS REQUESTED INVOLVED TEMPORARY EMPLOYEES WHO ARE PAID ON AN ANNUAL BASIS FOR EVERY DAY IN THE YEAR AND IT IS ASSUMED THAT YOUR SUBMISSION RELATES ONLY TO THAT CLASS.

THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, PROVIDES THAT EMPLOYEES COMING WITHIN THE PURVIEW OF THE ACT, EXCEPT TEMPORARY EMPLOYEES "SHALL BE ENTITLED TO 26 DAYS' ANNUAL LEAVE WITH PAY EACH CALENDAR YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS," AND THAT "TEMPORARY EMPLOYEES, EXCEPT TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES, SHALL BE ENTITLED TO 2 1/2 DAYS' LEAVE FOR EACH MONTH OF SERVICE.' THUS THE STATUTE SPECIFICALLY REQUIRES THAT SUNDAYS AND HOLIDAYS SHALL BE EXCLUDED IN COMPUTING THE 26 DAYS' ANNUAL LEAVE OF ABSENCE GRANTED TO PERMANENT EMPLOYEES, BUT IS SILENT AS TO SUNDAYS AND HOLIDAYS IN COMPUTING THE 2 1/2 DAYS' ANNUAL LEAVE FOR EACH MONTH OF SERVICE GRANTED TO TEMPORARY EMPLOYEES.

IN CONSTRUING ALL LEAVE STATUTES IN THE PAST, THE DECISIONS OF THE ACCOUNTING OFFICERS OF THE UNITED STATES AND THE OPINIONS OF THE ATTORNEY GENERAL HAVE CONSISTENTLY HELD THAT UNLESS A STATUTE SPECIFICALLY EXCLUDED SUNDAYS AND HOLIDAYS SUCH DAYS ARE TO BE INCLUDED IN COMPUTING THE LEAVE PERIOD OF EMPLOYEES WHO ARE PAID ON AN ANNUAL BASIS FOR EVERY DAY OF THE YEAR. THE LEAVE ACTS OF MARCH 3, 1883, 22 STAT. 563; MARCH 3, 1893, 27 STAT. 715; MARCH 15, 1898, 30 STAT. 316; AND JULY 7, 1898, 30 STAT. 653, APPLICABLE TO EMPLOYEES IN THE EXECUTIVE DEPARTMENTS, DID NOT SPECIFICALLY EXCLUDE SUNDAYS AND HOLIDAYS FROM THE 30-DAY PERIOD OF ANNUAL OR SICK LEAVE AUTHORIZED TO BE ALLOWED THE EMPLOYEES IN ANY 1 YEAR. NOTWITHSTANDING CERTAIN OPINIONS OF THE ATTORNEY GENERAL EXPRESSING THE VIEW THAT SUNDAYS AND HOLIDAYS SHOULD BE INCLUDED IN COMPUTING THE PERIOD OF ANNUAL OR SICK LEAVE UNDER THE CITED STATUTES, THE PRACTICE IN THIS REGARD IN THE SEVERAL DEPARTMENTS AND ESTABLISHMENTS WAS NOT UNIFORM. DECISION OF FEBRUARY 1, 1899, 5 COMP. DEC. 436-444, THE COMPTROLLER OF THE TREASURY CONSIDERED THE SEVERAL LEAVE STATUTES AS WELL AS THE OPINIONS OF THE ATTORNEY GENERAL, AND CONCLUDED AS FOLLOWS:

* * * I AM COMPELLED TO DECIDE THAT WHEN THE HEAD OF A DEPARTMENT GRANTS THIRTY RUNNING DAYS TO A CLERK OR EMPLOYEE AS ANNUAL LEAVE, OR THIRTY RUNNING DAYS AS SICK LEAVE, IN ANY ONE YEAR, HE HAS EXHAUSTED THE POWER CONFERRED UPON HIM TO GRANT LEAVES OF ABSENCE WITH PAY; AND THAT ALL DAYS OF LEAVE GRANTED BY HIM ARE NECESSARILY RUNNING DAYS, AND INCLUDE ANY INTERVENING SUNDAYS OR HOLIDAYS.

THE ACT OF FEBRUARY 24, 1899, 30 STAT. 890, PROVIDED FOR THE FIRST TIME "THAT THE 30 DAYS' ANNUAL LEAVE OF ABSENCE WITH PAY IN ANY ONE YEAR TO CLERKS AND EMPLOYEES IN THE SEVERAL EXECUTIVE DEPARTMENTS AUTHORIZED BY EXISTING LAW SHALL BE EXCLUSIVE OF SUNDAYS AND LEGAL HOLIDAYS.' THIS STATUTE APPLIED ONLY TO ANNUAL LEAVE, BUT WITH RESPECT TO SICK LEAVE NO CHANGE HAS BEEN MADE IN ANY LAW--- INCLUDING THE SICK LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1162--- EITHER SPECIFICALLY EXCLUDING OR INCLUDING SUNDAYS AND HOLIDAYS FROM SICK LEAVE. CONSEQUENTLY, UNDER THE GENERAL RULE STATED IN 5 COMP. DEC. 436, SUPRA, SICK LEAVE HAS BEEN AND NOW IS COMPUTED ON THE BASIS OF RUNNING DAYS OR STRAIGHT TIME INCLUDING SUNDAYS AND HOLIDAYS. IN PARI MATERIA WITH THIS IT IS PARTICULARLY SIGNIFICANT TO NOTE THE PRIOR POSTAL EMPLOYEES' LEAVE ACT OF OCTOBER 1, 1890, 26 STAT. 648, AS CONSTRUED IN DECISION OF JANUARY 17, 1905, 11 COMP. DEC. 357, 358, WHEREIN IT WAS STATED:

UNLESS THERE IS AN EXPRESSED INTENTION TO EXCLUDE THEM, THE GENERALLY ACCEPTED RULE IS THAT IN THE COMPUTATION OF TIME THE INTERVENING SUNDAYS OR HOLIDAYS WILL BE INCLUDED. (THE MARY E. BAIRD, 97 FED.REP., 977; YORK'S CASE, 1 ABB., U.S., 503; PRESSED STEEL CAR CO. V. EASTERN RAILWAY CO., OF MINNESOTA, 121 FED.REP., 609; THE TUG E.W. CORGAS, 10 BEN. U.S., 474; 92 N.W. REP., 1069; AM. AND ENG. ENCYCLOPEDIA OF LAW, 2D.ED., VOL. 28, P. 222; 20 OP.ATT.GEN. 718.)

THE CLAUSE "NOT EXCEEDING FIFTEEN DAYS IN ANY ONE FISCAL YEAR" IN THE ACT OF OCTOBER 1, 1890, SUPRA, INTERPRETED IN ITS ORDINARY SENSE, AS DEFINED BY THE COURTS, MEANS FIFTEEN DAYS INCLUSIVE OF INTERVENING SUNDAYS AND HOLIDAYS.

LEAVE LAWS IN PARI MATERIA WITH THIS, SILENT AS TO SUNDAYS AND HOLIDAYS, HAVE BEEN SO CONSTRUED.

THE LEAVE OF ABSENCE OF "NOT EXCEEDING FIFTEEN DAYS IN ANY ONE FISCAL YEAR" ALLOWED TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE BY THE ACT OF JUNE 30, 1886 (24 STAT. 91), AFTERWARDS EXTENDED TO THIRTY DAYS (ACT OF AUGUST 1, 1888, 25 STAT., 352), WAS COMPUTED AND CONSTRUED AS INCLUSIVE OF SUNDAYS. (HARRISON V. UNITED STATES, 26 CT.CLS. 259.)

SEE, ALSO, DECISION OF SEPTEMBER 22, 1916, 23 COMP. DEC. 192, CONSTRUING THE LEAVE ACT OF AUGUST 29, 1916, 39 STAT. 617, APPLICABLE TO EMPLOYEES OF NAVY YARDS, GUN FACTORIES, NAVAL STATIONS, AND ARSENALS.

SECTION 11 OF THE UNIFORM ANNUAL LEAVE REGULATIONS TO WHICH YOU REFER AS A POSSIBLE BASIS FOR EXCLUDING SUNDAYS AND HOLIDAYS FROM THE LEAVE GRANTED TEMPORARY EMPLOYEES, PROVIDES AS FOLLOWS:

EMPLOYEES SHALL BE CHARGED WITH ANNUAL LEAVE ONLY FOR ABSENCE ON THEIR WORK DAYS. SUNDAYS, LEGAL HOLIDAYS, AND HOLIDAYS DECLARED BY EXECUTIVE ORDER AND NON-WORK DAYS ESTABLISHED BY ADMINISTRATIVE ORDER IN ACCORDANCE WITH LAW OCCURRING WITHIN A PERIOD OF ANNUAL LEAVE SHALL NOT BE CHARGED AS ANNUAL LEAVE. PERSONS EMPLOYED ON THE BASIS OF A 5 DAY WORK WEEK, WHOSE DUTIES REQUIRE SERVICE ON SATURDAY OR SUNDAY, SHALL BE CHARGED A FULL DAY'S ANNUAL LEAVE FOR ABSENCE ON ANY SATURDAY OR SUNDAY THEY ARE REQUIRED TO WORK.

THE LAST SENTENCE WOULD SEEM TO INDICATE THAT THIS REGULATION HAD REFERENCE TO PER DIEM AND OTHER EMPLOYEES WHO ARE NOT PAID FOR SUNDAYS AND HOLIDAYS AND NONWORK DAYS ON WHICH THEY ARE NOT REQUIRED TO WORK, EXCEPT, IN CERTAIN INSTANCES, HOLIDAY PAY AS A GRATUITY. APPARENTLY, THERE WOULD HAVE BEEN NO OCCASION TO PROVIDE SUCH A REGULATION FOR PERMANENT EMPLOYEES WHO ARE PAID FOR EVERY DAY OF THE YEAR, THE STATUTE CLEARLY EXCLUDING SUNDAYS AND HOLIDAYS, AND THE REGULATION MAKING NO REFERENCE WHATEVER TO TEMPORARY EMPLOYEES. HOWEVER, EVEN IF THE REGULATION WERE INTENDED TO AUTHORIZE THE EXCLUSION OF SUNDAYS AND HOLIDAYS FROM THE LEAVE OF TEMPORARY EMPLOYEES--- BUT IT DOES NOT SO APPEAR--- THE REGULATION TO THAT EXTENT WOULD BE IN CONFLICT WITH THE LAW, AND, AS SUCH, WOULD NOT HAVE THE FORCE AND EFFECT OF LAW. 16 COMP. GEN. 611.

AS PREVIOUSLY STATED HEREIN THE LEAVE STATUTE EXPRESSLY EXCLUDES SUNDAYS AND HOLIDAYS IN THE COMPUTATION OF ANNUAL LEAVE REGARDING PERMANENT EMPLOYEES, BUT IS SILENT WITH RESPECT TO THE EXCLUSION OF SUCH DAYS IN THE COMPUTATION OF LEAVE FOR TEMPORARY EMPLOYEES. AND, ASIDE FROM THE FOREGOING CONSIDERATION GIVEN THE MATTER, IT IS A GENERAL RULE OF STATUTORY CONSTRUCTION THAT THE EXPRESS MENTION OF ONE THING OR CONSEQUENCE IS TANTAMOUNT TO AN EXPRESSED EXCLUSION OF ALL OTHERS--- EXPRESSED IN THE LEGAL MAXIM EXPRESSIO UNIUS EST EXCLUSIO ALTERIUS. THUS, WHEN A STATUTE ENUMERATES THE THINGS TO BE AFFECTED BY ITS PROVISIONS, THERE IS AN IMPLIED EXCLUSION OF OTHERS, THAT IS TO SAY, THERE IS THEN A NATURAL INFERENCE THAT ITS APPLICATION WAS NOT INTENDED TO BE GENERAL.

ACCORDINGLY, THE RULE STATED IN DECISION OF APRIL 16, 1937, SUPRA, THAT TEMPORARY EMPLOYEES ,ARE ENTITLED TO 2 1/2 DAYS' ANNUAL LEAVE INCLUSIVE OF SUNDAYS AND HOLIDAYS FOR EACH FULL MONTH OF SERVICE" IS AFFIRMED.

ONE DAY'S ANNUAL LEAVE SHOULD BE CHARGED TEMPORARY EMPLOYEES FOR ABSENCE FROM DUTY ALL OF SATURDAY. IF THE TEMPORARY EMPLOYEE WHO IS ON AUTHORIZED ANNUAL LEAVE ON SATURDAY RETURNS TO DUTY AT THE OPENING HOUR OF BUSINESS ON MONDAY, NO LEAVE IS REQUIRED TO BE CHARGED FOR SUNDAY. IT IS ONLY ON THE THEORY THAT SATURDAY AFTERNOON IS A HOLIDAY THAT PERMANENT AND EMERGENCY EMPLOYEES, WHOSE ANNUAL LEAVE IS EXCLUSIVE OF HOLIDAYS, ARE CHARGED ONLY 4 HOURS' ANNUAL LEAVE FOR AN ABSENCE ALL DAY SATURDAY. AND SINCE THE ANNUAL LEAVE OF TEMPORARY EMPLOYEES IS NOT EXCLUSIVE OF HOLIDAYS THEY MUST BE CHARGED A FULL DAY'S LEAVE FOR AN ABSENCE ALL DAY SATURDAY. SEE 11 COMP. GEN. 119.

IN DECISION OF MAY 10, 1937, A-85965, 16 COMP. GEN. 993, IT WAS HELD AS FOLLOWS:

IN DECISION OF APRIL 16, 1937, A-84992, 16 COMP. GEN. 934, IT WAS HELD THAT TEMPORARY EMPLOYEES ARE ENTITLED TO TWO AND ONE-HALF DAYS' ANNUAL LEAVE OF ABSENCE WITH PAY INCLUSIVE OF SUNDAYS AND HOLIDAYS FOR EACH FULL MONTH OF SERVICE. THE STATUTORY GRANT OF ANNUAL LEAVE TO TEMPORARY EMPLOYEES IS CLEARLY ON A MONTHLY BASIS, THAT IS,"FOR EACH MONTH OF SERVICE.' COMPARE THIS WITH THE TERMS OF THE STATUTORY GRANT OF ANNUAL LEAVE TO PERMANENT EMPLOYEES, TO WIT,"TWENTY-SIX DAYS" ANNUAL LEAVE WITH PAY EACH CALENDAR YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS.' THIS IS NOT A GRANT OF LEAVE "FOR" EACH YEAR OF SERVICE BUT ENTITLES PERMANENT EMPLOYEES TO TWENTY-SIX DAYS' ANNUAL LEAVE "EACH CALENDAR YEAR.'

ACCORDINGLY, TEMPORARY EMPLOYEES ARE NOT ENTITLED TO ANNUAL LEAVE FOR A FRACTIONAL MONTH'S SERVICE.

HOWEVER, AS THE 26 DAYS OF ANNUAL LEAVE TO WHICH PERMANENT EMPLOYEES ARE ENTITLED IS UPON AN ANNUAL RATHER THAN A MONTHLY BASIS, AND WHICH MAY BE GRANTED AT ANY TIME DURING THE CALENDAR YEAR, THE LEAVE OF PERMANENT EMPLOYEES MAY BE PRORATED FOR A FRACTIONAL YEAR OR MONTH OF SERVICE. REFERRING TO THE QUESTION IN THE NEXT TO THE LAST PARAGRAPH OF YOUR LETTER, LEAVE FOR A TEMPORARY EMPLOYEE SERVING 2 1/2 MONTHS SHOULD BE COMPUTED ON THE BASIS OF 2 MONTHS, EXCLUDING THE FRACTIONAL PART OF THE MONTH, MAKING A LEAVE CREDIT OF 5 DAYS, AND LEAVE FOR A PERMANENT EMPLOYEE SERVING THE SAME LENGTH OF TIME, ON THE BASIS OF 2 1/2 MONTHS, INCLUDING THE FRACTIONAL MONTH'S SERVICE, MAKING A LEAVE CREDIT OF 5 5/12 DAYS.

WITH REFERENCE TO THE QUESTION STATED IN THE LAST PARAGRAPH, THE MATTER OF WHETHER LEAVE IS TO BE GRANTED AS FOR A PERMANENT OR A TEMPORARY EMPLOYEE, IS NOT FOR DETERMINING UPON THE BASIS OF THE MEASURE OF COMPENSATION, THAT IS, PIECE WORK, PER ANNUM, PER DIEM, ETC., BUT UPON THE TENURE OF EMPLOYMENT, THAT IS, WHETHER PERMANENT, OR TEMPORARY, AS DEFINED BY SECTION 14 OF THE UNIFORM ANNUAL LEAVE REGULATIONS.

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