A-52433, DECEMBER 13, 1933, 13 COMP. GEN. 170

A-52433: Dec 13, 1933

Additional Materials:

Contact:

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

 

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

THERE HAS ARISEN THE FOLLOWING QUESTION ON WHICH IT IS DESIRED TO HAVE YOUR DEFINITE RULING. IT HAS BEEN HELD THAT THE EFFECTIVE DATE OF RESIGNATION OR TERMINATION OF SERVICES OF AN EMPLOYEE IN THE FOREIGN SERVICE IS THAT DATE ON WHICH SUCH EMPLOYEE DEPARTS FROM HIS OR HER POST OF DUTY EN ROUTE TO THE UNITED STATES. IT HAS ALSO BEEN HELD BY YOUR OFFICE THAT IN CONNECTION WITH THE GRANTING OF LEAVE OF ABSENCE TO AN EMPLOYEE WHOSE RESIGNATION IS TO BE ACCEPTED OR WHOSE SERVICES ARE TO BE TERMINATED. IT IS DESIRABLE IN SOME CASES TO MAKE AVAILABLE TO A RESIGNING EMPLOYEE THE LEAVE OF ABSENCE PROPERLY ALLOWABLE UNDER THE LAW. AS A RESULT OF WHICH THE DATE ON WHICH THE VACANCY BECOMES EFFECTIVE IS NECESSARILY DEFERRED.

A-52433, DECEMBER 13, 1933, 13 COMP. GEN. 170

OFFICERS AND EMPLOYEES - TWO HOLDING ONE POSITION - LEAVE OF ABSENCE THE APPOINTMENT OF ANOTHER PERSON, EITHER ON A TEMPORARY OR PERMANENT BASIS, TO A POSITION OCCUPIED BY AN EMPLOYEE ON LEAVE OF ABSENCE AUTOMATICALLY TERMINATES THE APPOINTMENT OF THE PRIOR INCUMBENT AND NO COMPENSATION COULD BE PAID TO HIM FOR THE LEAVE OF ABSENCE AFTER THE NEW APPOINTEE HAD QUALIFIED AND ENTERED UPON THE DUTIES OF THAT POSITION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, DECEMBER 13, 1933:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 2, 1933, AS FOLLOWS:

IN CONNECTION WITH THE FILLING OF CLERICAL VACANCIES IN THE FOREIGN SERVICE BY APPOINTMENT OF PERSONS RESIDING WITHIN THE UNITED STATES, WHICH REQUIRES PRESIDENTIAL APPROVAL IN EACH INDIVIDUAL CASE, THERE HAS ARISEN THE FOLLOWING QUESTION ON WHICH IT IS DESIRED TO HAVE YOUR DEFINITE RULING.

IT HAS BEEN HELD THAT THE EFFECTIVE DATE OF RESIGNATION OR TERMINATION OF SERVICES OF AN EMPLOYEE IN THE FOREIGN SERVICE IS THAT DATE ON WHICH SUCH EMPLOYEE DEPARTS FROM HIS OR HER POST OF DUTY EN ROUTE TO THE UNITED STATES. IT HAS ALSO BEEN HELD BY YOUR OFFICE THAT IN CONNECTION WITH THE GRANTING OF LEAVE OF ABSENCE TO AN EMPLOYEE WHOSE RESIGNATION IS TO BE ACCEPTED OR WHOSE SERVICES ARE TO BE TERMINATED, SUCH LEAVE MAY BE AVAILED OF EITHER AT THE POST OF DUTY BEFORE DEPARTURE, WHILE EN ROUTE TO THE UNITED STATES, OR AFTER ARRIVAL IN THE UNITED STATES. IT IS DESIRABLE IN SOME CASES TO MAKE AVAILABLE TO A RESIGNING EMPLOYEE THE LEAVE OF ABSENCE PROPERLY ALLOWABLE UNDER THE LAW, AS A RESULT OF WHICH THE DATE ON WHICH THE VACANCY BECOMES EFFECTIVE IS NECESSARILY DEFERRED.

YOU ARE REQUESTED TO INFORM THE DEPARTMENT WHETHER, IN THAT CIRCUMSTANCE, IT WOULD BE POSSIBLE UNDER THE LAW IMMEDIATELY TO FILL THE POSITION TO BECOME VACANT BY APPOINTMENT OF A PERSON RESIDING WITHIN THE UNITED STATES ON A TEMPORARY BASIS PENDING THE ACTUAL EFFECTIVE DATE OF THE VACANCY, FROM WHICH DATE THE NEW APPOINTMENT WOULD BE CONSIDERED PERMANENT.

THE APPOINTMENT OF ANOTHER PERSON, EITHER ON A TEMPORARY OR PERMANENT BASIS, TO A FIELD POSITION OCCUPIED BY AN EMPLOYEE ON LEAVE OF ABSENCE WOULD AUTOMATICALLY TERMINATE THE APPOINTMENT OF THE PRIOR INCUMBENT AND NO COMPENSATION COULD THEN BE PAID TO HIM FOR THE LEAVE OF ABSENCE AFTER THE NEW APPOINTEE HAD QUALIFIED AND ENTERED UPON THE DUTIES OF THAT POSITION. SEE 4 COMP. GEN. 729.