A-15972, OCTOBER 16, 1926, 6 COMP. GEN. 266

A-15972: Oct 16, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

ARE TEMPORARY EMPLOYEES AND ARE NOT ENTITLED TO LEAVE OF ABSENCE UNDER SECTION 7 OF THE ACT OF MARCH 15. 1926: I HAVE YOUR LETTER OF OCTOBER 4. REQUESTING DECISION WHETHER EMPLOYEES IN THE OFFICES OF SUPERINTENDENTS OF LIGHTHOUSE DISTRICTS WHO ARE EMPLOYED PENDING CERTIFICATION OF ELIGIBLES BY THE CIVIL SERVICE COMMISSION ARE ENTITLED TO LEAVE WITH PAY. IT WAS BASED ON THE PRINCIPLE THAT A PROLONGED LEAVE OF ABSENCE WITH PAY WAS INCONSISTENT WITH TEMPORARY EMPLOYMENT. SECTION 1 OF RULE VIII SPECIFIES THAT APPOINTMENT THEREUNDER IS TEMPORARY AND IS NOT TO BE IN EXCESS OF 30 DAYS UNLESS PREVIOUSLY AUTHORIZED BY THE COMMISSION. IT APPEARS THEREFORE THAT APPOINTMENT UNDER SAID SECTION 1 IS EVEN MORE TEMPORARY IN CHARACTER THAN IF MADE UNDER SECTION 4 OF RULE VIII.

A-15972, OCTOBER 16, 1926, 6 COMP. GEN. 266

LEAVE OF ABSENCE - TEMPORARY APPOINTMENTS PENDING CERTIFICATION OF ELIGIBLES EMPLOYEES APPOINTED UNDER SECTION 1 OF RULE VIII OF THE CIVIL SERVICE RULES FOR A DEFINITE PERIOD OR SUBJECT TO A MAXIMUM LIMITATION OF ONE YEAR OR LESS, PENDING CERTIFICATION OF ELIGIBLES, ARE TEMPORARY EMPLOYEES AND ARE NOT ENTITLED TO LEAVE OF ABSENCE UNDER SECTION 7 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, OCTOBER 16, 1926:

I HAVE YOUR LETTER OF OCTOBER 4, 1926, REQUESTING DECISION WHETHER EMPLOYEES IN THE OFFICES OF SUPERINTENDENTS OF LIGHTHOUSE DISTRICTS WHO ARE EMPLOYED PENDING CERTIFICATION OF ELIGIBLES BY THE CIVIL SERVICE COMMISSION ARE ENTITLED TO LEAVE WITH PAY.

THE DECISION OF MAY 11, 1925, 5 COMP. GEN. 903, REFERRED TO IN YOUR LETTER, DEALT WITH THE APPOINTMENT OF ONE EMPLOYED UNDER A SERIES OF TEMPORARY APPOINTMENTS OF THREE MONTHS EACH UNDER SECTION 4 OF RULE VIII OF THE CIVIL SERVICE COMMISSION. IT WAS BASED ON THE PRINCIPLE THAT A PROLONGED LEAVE OF ABSENCE WITH PAY WAS INCONSISTENT WITH TEMPORARY EMPLOYMENT.

SECTION 1 OF RULE VIII SPECIFIES THAT APPOINTMENT THEREUNDER IS TEMPORARY AND IS NOT TO BE IN EXCESS OF 30 DAYS UNLESS PREVIOUSLY AUTHORIZED BY THE COMMISSION. IT APPEARS THEREFORE THAT APPOINTMENT UNDER SAID SECTION 1 IS EVEN MORE TEMPORARY IN CHARACTER THAN IF MADE UNDER SECTION 4 OF RULE VIII.

ACCORDINGLY, YOU ARE ADVISED THAT EMPLOYEES APPOINTED FOR A DEFINITE PERIOD, OR SUBJECT TO A MAXIMUM LIMITATION OF ONE YEAR OR LESS, IN ACCORDANCE WITH SECTION 1 OF RULE VIII OF THE CIVIL SERVICE COMMISSION ARE NOT ENTITLED TO LEAVE WITH PAY UNDER THE PROVISIONS OF SECTION 7 OF THE ACT OF MARCH 15, 1898, 30 STAT. 316.