A-14157, MAY 11, 1926, 5 COMP. GEN. 903

A-14157: May 11, 1926

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LEAVE OF ABSENCE - TEMPORARY EMPLOYEES AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR WHO HAS BEEN EMPLOYED UNDER A SERIES OF TEMPORARY APPOINTMENTS OF THREE MONTHS EACH UNDER THE PROVISIONS OF SECTION 4 OF RULE VIII OF THE CIVIL SERVICE COMMISSION IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY UNDER THE PROVISIONS OF SECTION 7 OF THE ACT OF MARCH 15. 1926: I HAVE YOUR LETTERS OF APRIL 28 AND MAY 4. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO GRANT LEAVE WITH PAY TO A CERTAIN EMPLOYEE OF YOUR DEPARTMENT. IT HAS BEEN HELD IN SEVERAL DECISIONS THAT TEMPORARY EMPLOYEES ARE NOT ENTITLED TO LEAVE WITH PAY. THE PRINCIPLE UPON WHICH THE DECISIONS CITED WERE BASED. THAT A PROLONGED LEAVE OF ABSENCE WITH PAY IS INCONSISTENT WITH TEMPORARY EMPLOYMENT.

A-14157, MAY 11, 1926, 5 COMP. GEN. 903

LEAVE OF ABSENCE - TEMPORARY EMPLOYEES AN EMPLOYEE OF THE DEPARTMENT OF THE INTERIOR WHO HAS BEEN EMPLOYED UNDER A SERIES OF TEMPORARY APPOINTMENTS OF THREE MONTHS EACH UNDER THE PROVISIONS OF SECTION 4 OF RULE VIII OF THE CIVIL SERVICE COMMISSION IS NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY UNDER THE PROVISIONS OF SECTION 7 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, MAY 11, 1926:

I HAVE YOUR LETTERS OF APRIL 28 AND MAY 4, 1926, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO GRANT LEAVE WITH PAY TO A CERTAIN EMPLOYEE OF YOUR DEPARTMENT.

IT APPEARS THAT THE EMPLOYEE IN QUESTION HAS BEEN EMPLOYED UNDER A SERIES OF TEMPORARY APPOINTMENTS OF THREE MONTHS EACH UNDER SECTION 4 OF RULE VIII OF THE CIVIL SERVICE COMMISSION, WHICH PROVIDES FOR APPOINTMENT FOR WORK OF A TEMPORARY CHARACTER.

IT HAS BEEN HELD IN SEVERAL DECISIONS THAT TEMPORARY EMPLOYEES ARE NOT ENTITLED TO LEAVE WITH PAY. SEE 4 COMP. GEN. 650 AND THE DECISIONS THEREIN CITED. THE CASES CITED HAD ARISEN UNDER THE PROVISIONS OF THE ACT OF AUGUST 29, 1916, 39 STAT. 617, WHICH APPLIES TO EMPLOYEES OF NAVY YARDS, NAVAL STATIONS, GUN FACTORIES AND ARSENALS, AND UNDER THE ACTS OF MARCH 2, 1911, 36 STAT. 966, AND FEBRUARY 22, 1921, 41 STAT. 1144, WHICH RELATE TO EMPLOYEES OF THE DISTRICT OF COLUMBIA.

THE PRINCIPLE UPON WHICH THE DECISIONS CITED WERE BASED, NAMELY, THAT A PROLONGED LEAVE OF ABSENCE WITH PAY IS INCONSISTENT WITH TEMPORARY EMPLOYMENT, IS EQUALLY APPLICABLE IN THE ADMINISTRATION OF THE PROVISIONS OF SECTION 7 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316, RELATIVE TO THE GRANTING OF LEAVES OF ABSENCE TO EMPLOYEES IN THE DEPARTMENTS AT WASHINGTON.

ACCORDINGLY, YOU ARE ADVISED THAT THE GRANTING OF LEAVE OF ABSENCE WITH PAY TO THE EMPLOYEE IN QUESTION IS NOT AUTHORIZED.