A-27041, MAY 3, 1929, 8 COMP. GEN. 584

A-27041: May 3, 1929

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TO THE CREDIT OF A RURAL CARRIER WHO WAS APPOINTED A SUBSTITUTE RAILWAY POSTAL CLERK ON AUGUST 12. SICK LEAVE DOES NOT ACCUMULATE DURING THE PERIOD THAT AN EMPLOYEE IS A SUBSTITUTE RAILWAY POSTAL CLERK AND NO LEAVE WITH PAY MAY BE TAKEN WHILE A SUBSTITUTE. 1929: I HAVE YOUR LETTER OF APRIL 25. HERR WAS APPOINTED A RURAL CARRIER AT MILAN. HE WAS APPOINTED A REGULAR CLERK IN THE DETROIT TERMINAL R.P.O. WILL YOU PLEASE INFORM ME WHETHER THE UNUSED PART OF HIS SICK LEAVE WHICH ACCUMULATED IN THE RURAL CARRIER SERVICE MAY NOW BE TAKEN IN CASE OF ILLNESS AND WHETHER ANY SICK LEAVE ACCUMULATED TO HIS CREDIT WHILE HE WAS SERVING AS A SUBSTITUTE RAILWAY POSTAL CLERK FROM AUGUST 12. PURDY WAS APPOINTED A LABORER IN THE RAILWAY MAIL SERVICE FEBRUARY 1.

A-27041, MAY 3, 1929, 8 COMP. GEN. 584

LEAVE OF ABSENCE, SICK - POSTAL SERVICE EMPLOYEES THE SICK LEAVE ACCRUED FOR THE PERIOD FROM JULY 1, 1922, TO AUGUST 11, 1924, TO THE CREDIT OF A RURAL CARRIER WHO WAS APPOINTED A SUBSTITUTE RAILWAY POSTAL CLERK ON AUGUST 12, 1924, AND A REGULAR CLERK ON DECEMBER 1, 1927, MAY NOW BE TAKEN BY HIM IN CASE OF ILLNESS. A LABORER IN THE RAILWAY MAIL SERVICE APPOINTED FEBRUARY 1, 1924, WHO MAY HEREAFTER BE APPOINTED A SUBSTITUTE RAILWAY POSTAL CLERK MAY BE CREDITED WITH THE UNUSED PART OF HIS SICK LEAVE ACCUMULATED FROM FEBRUARY 1, 1924, TO DATE OF THE APPOINTMENT AS SUBSTITUTE RAILWAY POSTAL CLERK AND THE LEAVE THUS CREDITED MAY BE TAKEN IN CASE OF ILLNESS AFTER HE ACQUIRES THE STATUS OF A REGULAR CLERK. SICK LEAVE DOES NOT ACCUMULATE DURING THE PERIOD THAT AN EMPLOYEE IS A SUBSTITUTE RAILWAY POSTAL CLERK AND NO LEAVE WITH PAY MAY BE TAKEN WHILE A SUBSTITUTE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, MAY 3, 1929:

I HAVE YOUR LETTER OF APRIL 25, 1929, REQUESTING DECISION OF TWO QUESTIONS STATED AS FOLLOWS:

ORVAL E. HERR WAS APPOINTED A RURAL CARRIER AT MILAN, MICH., AUGUST 1, 1919. THE CIVIL SERVICE COMMISSION ISSUED A CERTIFICATE AUGUST 4,1924, TRANSFERRING HIM TO THE RAILWAY MAIL SERVICE AS A SUBSTITUTE RAILWAY POSTAL CLERK AUGUST 12, 1924. HE WAS APPOINTED A REGULAR CLERK IN THE DETROIT TERMINAL R.P.O. DECEMBER 1, 1927. WILL YOU PLEASE INFORM ME WHETHER THE UNUSED PART OF HIS SICK LEAVE WHICH ACCUMULATED IN THE RURAL CARRIER SERVICE MAY NOW BE TAKEN IN CASE OF ILLNESS AND WHETHER ANY SICK LEAVE ACCUMULATED TO HIS CREDIT WHILE HE WAS SERVING AS A SUBSTITUTE RAILWAY POSTAL CLERK FROM AUGUST 12, 1924, TO DECEMBER 1, 1927?

HARRY F. PURDY WAS APPOINTED A LABORER IN THE RAILWAY MAIL SERVICE FEBRUARY 1, 1924. SINCE THAT TIME HE HAS PASSED THE RAILWAY POSTAL CLERK EXAMINATION AND WILL SOON BE APPOINTED AS A SUBSTITUTE RAILWAY POSTAL CLERK. THIS APPOINTMENT WILL IN TIME ENTITLE HIM TO A REGULAR POSITION AS RAILWAY POSTAL CLERK. WILL THE SICK LEAVE WHICH HAS ACCUMULATED TO HIS CREDIT AS A LABORER REMAIN TO HIS CREDIT TO BE TAKEN WHILE HE IS A SUBSTITUTE OR AFTER HE BECOMES A REGULAR RAILWAY POSTAL CLERK, AND WILL SICK LEAVE ACCUMULATE TO HIS CREDIT WHILE HE IS A SUBSTITUTE?

IT WAS HELD IN DECISION OF MAY 29, 1923, 2 COMP. GEN. 782, THAT SUBSTITUTE RAILWAY POSTAL CLERKS ARE NOT ENTITLED TO EITHER ANNUAL OR SICK LEAVE WITH PAY. ACCORDINGLY, IT MUST BE HELD THAT NO SICK LEAVE ACCUMULATED TO THE CREDIT OF ORVAL E. HERR WHILE HE WAS SERVING AS SUBSTITUTE RAILWAY POSTAL CLERK FROM AUGUST 12, 1924, TO NOVEMBER 30, 1927. IN DECISION OF MARCH 16, 1925, 4 COMP. GEN. 772, IT WAS HELD THAT UNUSED BALANCES OF ACCRUED SICK LEAVE DUE EMPLOYEES OF THE POSTAL SERVICE FROM THE FISCAL YEARS 1923 AND 1924 SHOULD BE CREDITED TO THEM. ACCORDANCE THEREWITH, THE UNUSED PART OF THE SICK LEAVE WHICH HAD ACCUMULATED TO THE CREDIT OF ORVAL E. HERR FROM JULY 1, 1922, TO AUGUST 11, 1924, MAY NOW BE TAKEN BY HIM AS A REGULAR RAILWAY POSTAL CLERK, IN CASE OF ILLNESS.

THE UNUSED PART OF THE SICK LEAVE WHICH HAS ACCUMULATED TO THE CREDIT OF HARRY F. PURDY FROM FEBRUARY 1, 1924, TO DATE, AND WHICH MAY ACCUMULATE FROM DATE TO THE EFFECTIVE DATE OF HIS APPOINTMENT AS A SUBSTITUTE RAILWAY POSTAL CLERK MAY REMAIN TO HIS CREDIT AND BE TAKEN AFTER HE SHALL BECOME A REGULAR RAILWAY POSTAL CLERK, BUT NO SICK LEAVE WILL ACCUMULATE TO HIS CREDIT WHILE HE IS A SUBSTITUTE NOR MAY HE BE GRANTED SICK LEAVE WITH PAY WHILE A SUBSTITUTE.