A-25273, DECEMBER 5, 1928, 8 COMP. GEN. 283

A-25273: Dec 5, 1928

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THE FACT THAT AN EMPLOYEE MAY HAVE BEEN RECENTLY APPOINTED DOES NOT AFFECT HIS RIGHTS TO THE LEAVE BENEFITS UNDER THE ACT. IS CONCERNED. 1928: I HAVE YOUR LETTER OF NOVEMBER 26. THE MATTER IS PRESENTED TO YOU WITH THE REQUEST FOR YOUR DECISION WHETHER EITHER ANNUAL LEAVE OR SICK LEAVE. MAY BE GRANTED AN EMPLOYEE TO THE FULL EXTENT AUTHORIZED BY LAW WITHOUT REGARD TO THE FACT THAT THE EMPLOYEE MAY HAVE BEEN RECENTLY APPOINTED. THERE IS NOTHING IN SECTION 11 OF THE ACT OF FEBRUARY 28. THE FACT THAT AN EMPLOYEE MAY HAVE BEEN RECENTLY APPOINTED WOULD NOT PRECLUDE THE GRANTING OF THE FULL PERIODS OF LEAVE AUTHORIZED. SICK LEAVE ACCRUES AND IS CUMULATIVE AT THE RATE OF 10 DAYS A YEAR WITH A LIMITATION UNDER THE LAW OF 1925 TO 30 DAYS IN ANY ONE FISCAL YEAR AND TO SIX MONTHS UNDER THE ACT OF 1928.

A-25273, DECEMBER 5, 1928, 8 COMP. GEN. 283

POSTAL SERVICE EMPLOYEES - SICK AND ANNUAL LEAVE UNDER THE ACT OF MAY 17, 1928, 45 STAT. 595, PROVIDING FOR THE GRANTING OF SICK AND ANNUAL LEAVE TO EMPLOYEES OF THE POSTAL SERVICE, THE FACT THAT AN EMPLOYEE MAY HAVE BEEN RECENTLY APPOINTED DOES NOT AFFECT HIS RIGHTS TO THE LEAVE BENEFITS UNDER THE ACT, EXCEPT AS MAY BE PROVIDED BY ADMINISTRATIVE REGULATIONS. IN SO FAR AS SICK LEAVE, UNDER THE ACT OF MAY 17, 1928, 45 STAT. 595, IS CONCERNED, SUCH LEAVE SHALL BE CUMULATIVE AT THE RATE OF 10 DAYS A YEAR, AND AN EMPLOYEE ENTITLED TO UNUSED SICK LEAVE UNDER SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, MAY BE GIVEN CREDIT ON JULY 1, 1928, THE EFFECTIVE DATE OF THE ACT OF MAY 17, 1928, FOR SUCH ACCRUED UNUSED SICK LEAVE NOT IN EXCESS OF 30 DAYS AND THEREAFTER 10 DAYS A YEAR AS PROVIDED BY THE NEW LAW. (AMPLIFIED BY 8 COMP. GEN. 348).

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, DECEMBER 5, 1928:

I HAVE YOUR LETTER OF NOVEMBER 26, 1928, AS FOLLOWS:

THE ACT OF MAY 17, 1928, PROVIDES THAT---

"EMPLOYEES IN THE POSTAL SERVICE SHALL BE GRANTED FIFTEEN DAYS' LEAVE OF ABSENCE WITH PAY EXCLUSIVE OF SUNDAYS AND HOLIDAYS, EACH FISCAL YEAR, AND SICK LEAVE WITH PAY AT THE RATE OF TEN DAYS A YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, TO BE CUMULATIVE, BUT NO SICK LEAVE WITH PAY IN EXCESS OF SIX MONTHS SHALL BE GRANTED DURING ANY ONE FISCAL YEAR. SICK LEAVE SHALL BE GRANTED ONLY UPON SATISFACTORY EVIDENCE OF ILLNESS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE POSTMASTER GENERAL.'

AS THE ACT OF MAY 17, 1928, AS QUOTED IN PART DOES NOT CONTAIN THE PROVISION INCLUDED IN THE ACT OF FEBRUARY 28, 1925, THAT "THE FIFTEEN DAYS' LEAVE SHALL BE CREDITED AT THE RATE OF ONE AND ONE-QUARTER DAYS FOR EACH MONTH OF ACTUAL SERVICE," AND AS NEITHER OF THE ACTS HAS ANY SPECIFIC STIPULATION WHETHER SICK LEAVE MUST ACCRUE BEFORE IT MAY BE GRANTED, THE MATTER IS PRESENTED TO YOU WITH THE REQUEST FOR YOUR DECISION WHETHER EITHER ANNUAL LEAVE OR SICK LEAVE, OR BOTH, MAY BE GRANTED AN EMPLOYEE TO THE FULL EXTENT AUTHORIZED BY LAW WITHOUT REGARD TO THE FACT THAT THE EMPLOYEE MAY HAVE BEEN RECENTLY APPOINTED.

THERE IS NOTHING IN SECTION 11 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1064, AS AMENDED BY THE ACT OF MAY 17, 1928, 45 STAT. 595, REQUIRING ANY PARTICULAR LENGTH OF SERVICE TO ENTITLE AN EMPLOYEE OF THE POSTAL SERVICE TO EITHER ANNUAL OR SICK LEAVE PROVIDED FOR THEREIN. THEREFORE, IN THE ABSENCE OF ADMINISTRATIVE REGULATION ON THE SUBJECT, THE FACT THAT AN EMPLOYEE MAY HAVE BEEN RECENTLY APPOINTED WOULD NOT PRECLUDE THE GRANTING OF THE FULL PERIODS OF LEAVE AUTHORIZED. HOWEVER, UNDER BOTH THE ACT OF 1925 AND THAT OF 1928, SICK LEAVE ACCRUES AND IS CUMULATIVE AT THE RATE OF 10 DAYS A YEAR WITH A LIMITATION UNDER THE LAW OF 1925 TO 30 DAYS IN ANY ONE FISCAL YEAR AND TO SIX MONTHS UNDER THE ACT OF 1928. IN THE CASE OF AN APPOINTMENT SUBSEQUENT TO JULY 1, 1928, NO SICK LEAVE ACCRUED UNDER THE LAW OF 1925, AND THE EMPLOYEE WOULD BE ENTITLED UNDER THE ACT OF 1928, TO ONLY 10 DAYS A YEAR BEGINNING FROM THE DATE OF HIS APPOINTMENT; BUT WHERE AN EMPLOYEE WAS IN THE SERVICE PRIOR TO JULY 1, 1928, AND IS ENTITLED TO UNUSED ACCRUED SICK LEAVE UNDER THE ACT OF 1925, SUCH UNUSED PORTION NOT IN EXCESS OF 30 DAYS MAY BE CREDITED TO THE EMPLOYEE TOGETHER WITH THE 10 DAYS FOR THE YEAR BEGINNING JULY 1, AND, THEREAFTER, SICK LEAVE WOULD ACCRUE AT THE RATE OF 10 DAYS A YEAR CUMULATIVE EXCEPT THAT NOT MORE THAN SIX MONTHS' SICK LEAVE WITH PAY MAY BE GRANTED IN ANY ONE FISCAL YEAR. SEE DECISION OF MARCH 16, 1925, A-8394.