B-176933, OCT 18, 1972

B-176933, OCT 18, 1972

CIVILIAN EMPLOYEE - RESIDENT OF PUERTO RICO - HOME LEAVE DECISION DENYING THE CLAIM OF CARMEN P. CASAS FOR HOME LEAVE UNDER THE PROVISIONS OF 5 U.S.C. 6305(A) AS AN EMPLOYEE OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN VIEW OF THE FACT THAT CLAIMANT WAS TRANSFERRED FROM SAN JUAN, P.R., TO SAN ANTONIO, TEX. SINCE THE LIMITATIONS ON THE GRANT OF HOME LEAVE AND ON THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO SUCH LEAVE OR OTHER VACATION LEAVE ARE CONTAINED IN THE CONTROLLING PROVISIONS OF LAW, THE GRANTING OF SIMILAR BENEFITS TO FEDERAL EMPLOYEES WHO ARE RESIDENTS OF PUERTO RICO OR THE TERRITORIES AND POSSESSIONS OF THE UNITED STATES BUT ARE EMPLOYED IN THE 50 STATES OR THE DISTRICT OF COLUMBIA IS A MATTER FOR THE CONSIDERATION OF CONGRESS. GAO IS WITHOUT AUTHORITY TO EXTEND THESE BENEFITS TO SUCH EMPLOYEES IN THE ABSENCE OF STATUTORY AUTHORITY REGARDLESS OF ANY EQUITABLE CONSIDERATIONS WHICH MAY BE INVOLVED.

TO MRS. CARMEN P. CASAS:

WE REFER TO YOUR REQUEST FOR OUR DETERMINATION AS TO WHETHER YOU ARE ENTITLED TO HOME LEAVE UNDER THE PROVISIONS OF 5 U.S.C. 6305(A) AS AN EMPLOYEE OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN SAN ANTONIO, TEXAS, IN VIEW OF THE FACT THAT YOU WERE TRANSFERRED AS AN EMPLOYEE OF THAT DEPARTMENT FROM SAN JUAN, PUERTO RICO, TO SAN ANTONIO, TEXAS, IN SEPTEMBER 1970.

THE CITED PROVISION OF LAW - 5 U.S.C. 6305(A) - PROVIDES THAT HOME LEAVE MAY BE GRANTED TO AN EMPLOYEE "AFTER 24 MONTHS OF CONTINUOUS SERVICE OUTSIDE THE UNITED STATES." THE TERM "UNITED STATES" IS DEFINED IN SECTION 6301 AS MEANING THE SEVERAL STATES AND THE DISTRICT OF COLUMBIA. SECTION 6305(A) GOES ON TO PROVIDE, IN EFFECT, THAT LEAVE GRANTED THEREUNDER MUST BE USED IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS INCLUDING THE COMMONWEALTH OF PUERTO RICO BUT MAY NOT BE USED AT THE EMPLOYEE'S PLACE OF RESIDENCE IF HIS RESIDENCE AND DUTY STATION ARE BOTH IN A TERRITORY OR POSSESSION INCLUDING PUERTO RICO. SECTION 630.601(C) OF THE CIVIL SERVICE REGULATIONS, 5 CFR 630.601(C), DEFINES "SERVICE ABROAD" AS "SERVICE *** BY AN EMPLOYEE AT A POST OF DUTY OUTSIDE THE UNITED STATES AND OUTSIDE THE EMPLOYEE'S PLACE OF RESIDENCE IF HIS PLACE OF RESIDENCE IS IN THE COMMONWEALTH OF PUERTO RICO OR A TERRITORY OR POSSESSION OF THE UNITED STATES." THE LATTER PART OF THAT REGULATION IS MERELY CONCERNED WITH DENYING HOME LEAVE TO RESIDENTS OF PUERTO RICO OR A TERRITORY OR POSSESSION OF THE UNITED STATES WHO ARE EMPLOYED THEREIN.

ALTHOUGH NOT SPECIFICALLY MENTIONED IN YOUR LETTER WE NOTE THAT PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO VACATION LEAVE AS AUTHORIZED BY 5 U.S.C. 5728(A) APPLIES ONLY TO EMPLOYEES SERVING OUTSIDE THE CONTINENTAL UNITED STATES.

SINCE THE ABOVE LIMITATIONS ON THE GRANT OF HOME LEAVE AND ON THE PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES INCIDENT TO SUCH LEAVE OR OTHER VACATION LEAVE ARE CONTAINED IN THE CONTROLLING PROVISIONS OF LAW, THE GRANTING OF SIMILAR BENEFITS TO FEDERAL EMPLOYEES WHO ARE RESIDENTS OF PUERTO RICO OR THE TERRITORIES AND POSSESSIONS OF THE UNITED STATES BUT ARE EMPLOYED IN THE 50 STATES OR THE DISTRICT OF COLUMBIA IS A MATTER FOR THE CONSIDERATION OF CONGRESS. OUR OFFICE IS WITHOUT AUTHORITY TO EXTEND THESE BENEFITS TO SUCH EMPLOYEES IN THE ABSENCE OF STATUTORY AUTHORITY REGARDLESS OF ANY EQUITABLE CONSIDERATIONS WHICH MAY BE INVOLVED.

FOR THE REASONS STATED YOU AS A RESIDENT OF PUERTO RICO ARE NOT ENTITLED TO HOME LEAVE OR TO LEAVE TRAVEL BASED ON YOUR ASSIGNMENT TO DUTY AS A FEDERAL EMPLOYEE IN THE 50 STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA. MOREOVER, WE ARE AWARE OF NO AUTHORITY WHEREBY YOUR TRAVEL EXPENSES COULD BE PAID BACK TO PUERTO RICO IF YOU ARE SEPARATED WHILE EMPLOYED IN THE UNITED STATES.