B-200170 L/M, OCT 7, 1982

B-200170 L/M, OCT 7, 1982

PRECIS-UNAVAILABLE

EDWIN B. FORSYTHE, HOUSE OF REPRESENTATIVES:

WE REFER FURTHER TO YOUR LETTER DATED AUGUST 30, 1982, CONCERNING THE ACCRUAL OF ANNUAL AND SICK LEAVE BY EMPLOYEES OF THE ECONOMIC REGULATORY ADMINISTRATION, DEPARTMENT OF ENERGY, WHOSE EMPLOYMENT WILL BE TERMINATED EFFECTIVE SEPTEMBER 30, 1982, BY A REDUCTION IN FORCE. IN YOUR LETTER YOU ADVISED US OF YOUR UNDERSTANDING THAT THE EMPLOYEES WHO WILL BE TERMINATED AT THE END OF THE NEXT TO LAST WORKDAY OF THE BIWEEKLY PAY PERIOD WILL NOT BE ENTITLED TO THE ACCRUAL OF ANY ANNUAL LEAVE OR SICK LEAVE FOR THAT PAY PERIOD. YOU ASK WHETHER ANY EXCEPTIONS CAN BE MADE SO AS TO PROVIDE LEAVE ON A PRO RATA BASIS FOR EMPLOYEES WHO ARE SEPARATED DUE TO A REDUCTION IN FORCE.

SECTIONS 6303 AND 6307 OF TITLE 5, U.S.C. (1976), RESPECTIVELY, PROVIDE FOR THE ACCRUAL OF ANNUAL AND SICK LEAVE ON THE BASIS SPECIFIED THEREIN FOR EACH "FULL BIWEEKLY PAY PERIOD." UNDER THE PROVISIONS FROM WHICH THESE SECTIONS WERE DERIVED, RESPECTIVELY SECTIONS 203 AND 204 OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679-81, WE HAVE HELD THAT THE MINIMUM CREDIT FOR LEAVE IS FOR EMPLOYMENT DURING A FULL BIWEEKLY PAY PERIOD. SEE B-136235, JUNE 26, 1958, AND 39 COMP.GEN. 151 (1959), COPIES ENCLOSED. THIS INTERPRETATION OF THE REQUIREMENT FOR LEAVE ACCRUAL IS CONSISTENT WITH THE LEGISLATIVE HISTORY OF SECTION 203. AS STATED IN S.CONF.REPT. NO. 1210, 82D CONG., 1ST SESS. 20 (1951):

"THERE IS NO CREDIT OF ANNUAL LEAVE FOR FRACTIONAL PARTS OF BIWEEKLY PAY PERIODS EITHER AT THE BEGINNING OR END OF AN EMPLOYEE'S PERIOD OF SERVICE."

FURTHERMORE, SUBCHAPTER S2-3A OF CHAPTER 630 OF THE FEDERAL PERSONNEL MANUAL PROVIDES WITH REGARD TO THE ACCRUAL OF LEAVE:

"A. FULL BIWEEKLY PAY PERIODS. TO EARN LEAVE, AN EMPLOYEE MUST BE EMPLOYED DURING A FULL BIWEEKLY PAY PERIOD. HE IS CONSIDERED TO HAVE BEEN EMPLOYED FOR A FULL PERIOD, IF HE IS ON THE ROLLS ON ALL DAYS FALLING WITHIN THE PAY PERIOD, EXCLUSIVE OF HOLIDAYS AND NONWORKDAYS."

WE ARE NOT AWARE OF ANY LAW OR REGULATION WHICH WOULD ALLOW AN EXCEPTION IN REDUCTION-IN-FORCE SITUATIONS TO THE RULE THAT AN EMPLOYEE MUST BE EMPLOYED BY THE GOVERNMENT FOR A FULL BIWEEKLY PAY PERIOD IN ORDER TO ACCRUE ANNUAL LEAVE AND SICK LEAVE FOR THAT PAY PERIOD. WE NOTE THAT THE RULE THAT EMPLOYEES MUST BE EMPLOYED FOR A FULL PAY PERIOD IN ORDER TO ACCRUE LEAVE APPLIES NOT ONLY TO FULL-TIME EMPLOYEES BUT ALSO TO PART-TIME EMPLOYEES WHO WOULD OTHERWISE ACCRUE LEAVE ON A PRO RATA BASIS. SEE 32 COMP.GEN. 490 (1953) AND FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-2, BOOK 630, SUBCH. S2-3A(4), COPIES ENCLOSED.

WE TRUST THAT THE ABOVE INFORMATION WILL SERVE THE PURPOSE OF YOUR INQUIRY.