B-207085 L/M, MAY 21, 1982, OFFICE OF GENERAL COUNSEL
Highlights
DIGEST: A REEMPLOYED ANNUITANT IN A TEMPORARY POSITION ASKS WHETHER HIS 38 YEARS OF SERVICE IS CREDITABLE FOR PURPOSES OF ACCRUING ANNUAL LEAVE. CIVILIAN SERVICE IN THE FEDERAL GOVERNMENT IS CREDITABLE. ONLY SOME MILITARY SERVICE IS CREDITABLE. 5 U.S.C. YOU HAVE ACCEPTED A TEMPORARY POSITION AT THE MARE ISLAND NAVAL SHIPYARD. WE ARE UNABLE TO RENDER A FORMAL DECISION TO YOU AT THIS TIME. THE FOLLOWING INFORMATION IS PROVIDED FOR YOUR ASSISTANCE. THERE ARE VARIOUS CLASSES OF EMPLOYEES THAT ARE EXCLUDED FROM THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACT. SINCE YOU STATE THAT YOU ARE TO RECEIVE 4 HOURS SICK LEAVE. WE ASSUME THAT YOU ARE NOT EXCLUDED FROM ITS PROVISIONS. IT APPEARS THAT YOU WOULD BE ENTITLED TO 1 DAY OF ANNUAL LEAVE FOR EACH FULL BIWEEKLY PAY PERIOD IF YOU HAVE 15 OR MORE YEARS OF CREDITABLE SERVICE.
B-207085 L/M, MAY 21, 1982, OFFICE OF GENERAL COUNSEL
DIGEST: A REEMPLOYED ANNUITANT IN A TEMPORARY POSITION ASKS WHETHER HIS 38 YEARS OF SERVICE IS CREDITABLE FOR PURPOSES OF ACCRUING ANNUAL LEAVE. UNDER THE LAWS GOVERNING ANNUAL LEAVE FOR FEDERAL EMPLOYEES, 5 U.S.C. SECS. 6301- 6304 (1976), TEMPORARY EMPLOYEES WHOSE CURRENT EMPLOYMENT HAS BEEN FOR MORE THAN 90 DAYS MAY RECEIVE CREDIT FOR PAST SERVICE. UNDER 5 U.S.C. SEC. 6303(A)(3), AN EMPLOYEE WITH 15 OR MORE YEARS OF CREDITABLE SERVICE WOULD BE ENTITLED TO ONE DAY OF ANNUAL LEAVE FOR EACH FULL BIWEEKLY PAY PERIOD. CIVILIAN SERVICE IN THE FEDERAL GOVERNMENT IS CREDITABLE, BUT ONLY SOME MILITARY SERVICE IS CREDITABLE. 5 U.S.C. SEC. 6303 (1976).
MR. RENO CAVALIERI:
YOUR LETTER DATED APRIL 8, 1982, TO THE COMPTROLLER GENERAL HAS BEEN REFERRED TO OUR OFFICE FOR REPLY. YOU STATE THAT AFTER A 3 YEAR RETIREMENT, YOU HAVE ACCEPTED A TEMPORARY POSITION AT THE MARE ISLAND NAVAL SHIPYARD. YOU ASK WHETHER A RETIRED ANNUITANT STARTS AS A NEW EMPLOYEE CONCERNING ACCUMULATION OF ANNUAL LEAVE, OR WHETHER YOUR PREVIOUS EMPLOYMENT OF 38 YEARS GIVES YOU CREDIT TO EARN 26 DAYS A YEAR.
IN VIEW OF THE STATUTES RELATING TO OUR DECISION-MAKING AUTHORITY, WE ARE UNABLE TO RENDER A FORMAL DECISION TO YOU AT THIS TIME. SEE 31 U.S.C. SECS. 74 AND 82D (1976). HOWEVER, THE FOLLOWING INFORMATION IS PROVIDED FOR YOUR ASSISTANCE.
UNDER THE LAWS GOVERNING ANNUAL LEAVE FOR FEDERAL EMPLOYEES, 5 U.S.C. SECS. 6301-6304 (1976), TEMPORARY EMPLOYEES WHOSE CURRENT EMPLOYMENT HAS BEEN FOR MORE THAN 90 DAYS MAY RECEIVE CREDIT FOR PAST SERVICE (5 U.S.C. SECS. 6301 AND 6303). THERE ARE VARIOUS CLASSES OF EMPLOYEES THAT ARE EXCLUDED FROM THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACT. HOWEVER, SINCE YOU STATE THAT YOU ARE TO RECEIVE 4 HOURS SICK LEAVE, WE ASSUME THAT YOU ARE NOT EXCLUDED FROM ITS PROVISIONS. THEREFORE, UNDER 5 U.S.C. SEC. 6303(A)(3), IT APPEARS THAT YOU WOULD BE ENTITLED TO 1 DAY OF ANNUAL LEAVE FOR EACH FULL BIWEEKLY PAY PERIOD IF YOU HAVE 15 OR MORE YEARS OF CREDITABLE SERVICE. CIVILIAN SERVICE IN THE FEDERAL GOVERNMENT IS CREDITABLE, BUT ONLY SOME ACTIVE MILITARY SERVICE IS CREDITABLE. 5 U.S.C. SEC. 6303 (1976).
THIS INFORMATION RELATES ONLY TO THE MAJOR PROVISIONS OF THE LAW THAT WE BELIEVE MAY BE IMPORTANT FOR YOUR SITUATION. THERE ARE NUMEROUS OTHER PROVISIONS THAT MAY ALSO BE RELEVANT. IT WOULD BE NECESSARY FOR YOU TO RESORT TO 5 U.S.C. SECS. 6301-6304 TO DETERMINE THE APPLICABILITY OF ANY OTHER PROVISIONS TO YOUR SITUATION. ADDITIONAL INFORMATION MAY ALSO BE FOUND IN PART 630 OF TITLE 5 OF THE CODE OF FEDERAL REGULATIONS, SUBCHAPTER S-210 OF APPENDIX B OF FEDERAL PERSONNEL MANUAL SUPPLEMENT 296- 31, AND SUBCHAPTERS S2 AND S3 OF BOOK 630 OF FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-2. ALSO, THE HEAD OF AN AGENCY IS RESPONSIBLE FOR THE PROPER ADMINISTRATION OF LEAVE AND FOR MAINTAINING AN ACCOUNT OF LEAVE FOR EACH EMPLOYEE. SEE 5 C.F.R. SEC. 630.101 (1982). THEREFORE, WE BELIEVE THAT YOUR LOCAL CIVILIAN PERSONNEL OFFICE SHOULD BE ABLE TO DETERMINE YOUR LEAVE STATUS BASED ON YOUR YEARS OF SERVICE.
WE TRUST THAT THIS INFORMATION WILL BE USEFUL TO YOU.