A-50200, AUGUST 12, 1933, 13 COMP. GEN. 47

A-50200: Aug 12, 1933

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ETC. - SCHEDULE A POSITIONS THE CIVIL SERVICE RULES AND REGULATIONS DO NOT LIMIT SCHEDULE A POSITIONS TO TEMPORARY APPOINTMENTS AND THE FACT THAT EMPLOYEES WERE APPOINTED TO EXCEPTED POSITIONS UNDER THAT SCHEDULE HAS NO BEARING UPON THEIR STATUS WITH RESPECT TO ANNUAL LEAVE WITH PAY. OR SIMILAR BODY WITHOUT ANY LIMIT AS TO THE PERIOD FOR WHICH APPOINTED ARE PERMANENT EMPLOYEES AND ARE NOT PRECLUDED FROM RECEIVING LEAVE WITH PAY OTHERWISE ALLOWABLE. EMPLOYEES APPOINTED TO TEMPORARY COMMISSIONS ARE TEMPORARY EMPLOYEES IRRESPECTIVE OF THE LENGTH OF TIME SUCH EMPLOYMENT MAY CONTINUE AND ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY. THE APPOINTMENTS ARE MADE FOR THE DURATION OF THE CONFERENCE.

A-50200, AUGUST 12, 1933, 13 COMP. GEN. 47

LEAVES OF ABSENCE - INTERNATIONAL COMMISSIONS, CONGRESSES, ETC. - SCHEDULE A POSITIONS THE CIVIL SERVICE RULES AND REGULATIONS DO NOT LIMIT SCHEDULE A POSITIONS TO TEMPORARY APPOINTMENTS AND THE FACT THAT EMPLOYEES WERE APPOINTED TO EXCEPTED POSITIONS UNDER THAT SCHEDULE HAS NO BEARING UPON THEIR STATUS WITH RESPECT TO ANNUAL LEAVE WITH PAY. EMPLOYEES APPOINTED TO A PERMANENT INTERNATIONAL COMMISSION, CONGRESS, OR SIMILAR BODY WITHOUT ANY LIMIT AS TO THE PERIOD FOR WHICH APPOINTED ARE PERMANENT EMPLOYEES AND ARE NOT PRECLUDED FROM RECEIVING LEAVE WITH PAY OTHERWISE ALLOWABLE, BUT EMPLOYEES APPOINTED TO TEMPORARY COMMISSIONS ARE TEMPORARY EMPLOYEES IRRESPECTIVE OF THE LENGTH OF TIME SUCH EMPLOYMENT MAY CONTINUE AND ARE NOT ENTITLED TO LEAVE OF ABSENCE WITH PAY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, AUGUST 12, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 26, 1933, AS FOLLOWS:

A QUESTION HAS ARISEN AS TO WHETHER PERSONS APPOINTED UNDER SCHEDULE A--- POSITIONS EXCEPTED FROM EXAMINATION UNDER RULE II, SECTION 3 OF THE CIVIL SERVICE RULES, AMENDED TO MARCH 15, 1932, MAY BE GRANTED LEAVE OF ABSENCE WITH PAY.

THE APPOINTMENTS ARE MADE FOR THE DURATION OF THE CONFERENCE, CONGRESS, OR COMMISSION AS THE CASE MAY BE, AND AS YOU ARE AWARE THE TIME VARIES FROM A FEW DAYS IN SOME INSTANCES TO MANY MONTHS AND OVER A YEAR IN OTHERS.

IT SEEMS TO BE WELL ESTABLISHED THAT TEMPORARY EMPLOYEES APPOINTED UNDER CERTAIN SECTIONS OF THE CIVIL SERVICE RULES MAY NOT BE GRANTED LEAVE OF ABSENCE WITH PAY; HOWEVER, THERE DOES NOT APPEAR TO HAVE BEEN ANY DECISION RENDERED BEARING UPON THE QUESTION AS IT RELATES TO EMPLOYEES APPOINTED UNDER RULE II, SECTION 3, SCHEDULE A, II, STATE DEPARTMENT, 3.

IT WOULD APPEAR TO BE ONLY JUST TO GRANT LEAVE TO SUCH EMPLOYEES WHO HAVE SERVED OVER A YEAR AS IN THE CASE OF SOME OF THOSE ON THE DISARMAMENT CONFERENCE AT GENEVA WHO HAVE BEEN ON DUTY OVER A YEAR AND A HALF.

AN EXPRESSION OF YOUR OPINION WOULD BE APPRECIATED.

RULE II, SECTION 3 OF THE CIVIL SERVICE RULES AND REGULATIONS PROVIDES AS FOLLOWS:

3. APPOINTMENT WITHOUT EXAMINATION.---APPOINTMENTS TO THE EXCEPTED POSITIONS NAMED IN SCHEDULE A OF THESE RULES MAY BE MADE WITHOUT EXAMINATION OR UPON NONCOMPETITIVE EXAMINATION; BUT THE PROPER APPOINTING OFFICER MAY FILL AN EXCEPTED POSITION AS COMPETITIVE POSITIONS ARE FILLED, IN WHICH CASE THE PERSON APPOINTED WILL RECEIVE ALL THE RIGHTS OF A COMPETITIVE EMPLOYEE.

SCHEDULE A, II, STATE DEPARTMENT, 3, AUTHORIZES THE APPOINTMENT UNDER RULE II, SECTION 3, SUPRA, OF "ALL EMPLOYEES OF INTERNATIONAL COMMISSIONS, CONGRESSES, CONFERENCES, AND BOARDS.'

THERE IS NOTHING IN THE CIVIL-SERVICE RULES REQUIRING SCHEDULE A POSITIONS TO BE TEMPORARY ONLY AND ACCORDINGLY THE FACT THAT THE EMPLOYEES IN QUESTION WERE APPOINTED TO EXCEPTED POSITIONS UNDER RULE II, SECTION 2, HAS NO BEARING WHATEVER UPON THEIR STATUS WITH RESPECT TO ANNUAL LEAVE WITH PAY. SEE 12 COMP. GEN. 431. IN MANY CASES PERMANENT INTERNATIONAL COMMISSIONS AND SIMILAR BODIES HAVE BEEN ESTABLISHED AND APPOINTMENTS TO SUCH COMMISSIONS, MADE WITHOUT ANY LIMITATION AS TO THE PERIOD FOR WHICH EMPLOYED, WOULD BE PERMANENT APPOINTMENTS AND THE EMPLOYEES WOULD NOT BE PRECLUDED FROM RECEIVING LEAVE WITH PAY OTHERWISE ALLOWABLE. HOWEVER, IF APPOINTMENTS ARE FOR SERVICE WITH A CONGRESS, COMMISSION, OR CONFERENCE WHICH IS TEMPORARY IN CHARACTER, THE EXISTENCE OF WHICH WILL TERMINATE UPON THE COMPLETION OF THE PARTICULAR OBJECTS FOR WHICH CONVENED, APPOINTMENTS TO SUCH BODY WOULD BE CONSIDERED TEMPORARY IRRESPECTIVE OF LENGTH OF TIME THEY MAY CONTINUE, AND SUCH OFFICERS AND EMPLOYEES WOULD NOT BE ENTITLED TO ANY LEAVE OF ABSENCE WITH PAY (4 COMP. GEN. 650, 5 ID. 903, 6 ID. 266).