A-54162, MARCH 8, 1934, 13 COMP. GEN. 237

A-54162: Mar 8, 1934

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LEAVES OF ABSENCE - EMPLOYEES AFFECTED BY REORGANIZATION AFTER EMPLOYEES AFFECTED BY REORGANIZATION OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT HAVE BEEN GIVEN PERMANENT APPOINTMENTS IN THE AGENCIES TO WHICH TRANSFERRED. REIMBURSEMENT IS AUTHORIZED FOR LEAVE WITHOUT PAY TAKEN DURING SERVICE UNDER TEMPORARY APPOINTMENT BY CHARGING A CORRESPONDING AMOUNT OF LEAVE WITH PAY. WHEN LEAVE WITH PAY COULD NOT HAVE BEEN GRANTED. PAYMENT TO THE ESTATE MAY NOT BE MADE FOR LEAVE OF ABSENCE WHICH ACCRUED BUT WAS NOT TAKEN PRIOR TO TERMINATION OF THE STATUS ENTITLING TO RECEIVE LEAVE WITH PAY. THERE WAS ESTABLISHED IN THE TREASURY DEPARTMENT ON DECEMBER 16. THE DIVISION OF DISBURSEMENT TO WHICH THERE HAVE BEEN TRANSFERRED THE FUNCTIONS OF DISBURSEMENT EXERCISED IN WASHINGTON BY CERTAIN DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS.

A-54162, MARCH 8, 1934, 13 COMP. GEN. 237

LEAVES OF ABSENCE - EMPLOYEES AFFECTED BY REORGANIZATION AFTER EMPLOYEES AFFECTED BY REORGANIZATION OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT HAVE BEEN GIVEN PERMANENT APPOINTMENTS IN THE AGENCIES TO WHICH TRANSFERRED, THEIR SERVICE MAY BE REGARDED, FOR LEAVE PURPOSES, AS THOUGH THE SERVICE UNDER THE PRECEDING TEMPORARY APPOINTMENT AND THE PERMANENT APPOINTMENT PRECEDING THE TEMPORARY APPOINTMENT HAD BEEN UNDER THE PRESENT PERMANENT APPOINTMENT, AND REIMBURSEMENT IS AUTHORIZED FOR LEAVE WITHOUT PAY TAKEN DURING SERVICE UNDER TEMPORARY APPOINTMENT BY CHARGING A CORRESPONDING AMOUNT OF LEAVE WITH PAY. IF DEATH OF AN EMPLOYEE OCCURS DURING THE PERIOD OF SERVICE UNDER A TEMPORARY APPOINTMENT MADE PURSUANT TO AN EXECUTIVE ORDER EFFECTING REORGANIZATION OF THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT, WHEN LEAVE WITH PAY COULD NOT HAVE BEEN GRANTED, PAYMENT TO THE ESTATE MAY NOT BE MADE FOR LEAVE OF ABSENCE WHICH ACCRUED BUT WAS NOT TAKEN PRIOR TO TERMINATION OF THE STATUS ENTITLING TO RECEIVE LEAVE WITH PAY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, MARCH 8, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 1, 1934, AS FOLLOWS:

PURSUANT TO THE PROVISIONS OF EXECUTIVE ORDER NO. 6166 OF JUNE 10, 1933, EXECUTIVE ORDER NO. 6224 OF JULY 27, 1933, AND EXECUTIVE ORDER NO. 6540 OF DECEMBER 28, 1933, THERE WAS ESTABLISHED IN THE TREASURY DEPARTMENT ON DECEMBER 16, 1933, THE DIVISION OF DISBURSEMENT TO WHICH THERE HAVE BEEN TRANSFERRED THE FUNCTIONS OF DISBURSEMENT EXERCISED IN WASHINGTON BY CERTAIN DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS. THE ORDERS OF THE SECRETARY OF THE TREASURY APPROVED BY THE PRESIDENT EFFECTING THESE TRANSFERS HAVE PROVIDED THAT ALL PERSONNEL EMPLOYED ON THE DATE OF TRANSFER TO CONNECTION WITH THOSE FUNCTIONS TRANSFERRED WERE REAPPOINTED AT THEIR SAME SALARIES AS EMPLOYEES OF THE DIVISION OF DISBURSEMENT FOR A TEMPORARY PERIOD OF NOT EXCEEDING FOUR MONTHS FROM AND INCLUDING THE DATE OF TRANSFER.

UNDER DATE OF SEPTEMBER 20, 1933, YOU HELD IN YOUR DECISION A-50911 THAT EMPLOYEES OF THE IMMIGRATION AND NATURALIZATION SERVICE WHO HAD BEEN REAPPOINTED ON A TEMPORARY BASIS OF NOT TO EXCEED FOUR MONTHS COULD, WHEN PERMANENTLY APPOINTED, BE CREDITED WITH AND GRANTED ANNUAL AND SICK LEAVE EARNED PRIOR TO THE DATE OF THEIR TEMPORARY APPOINTMENTS AND ACCRUED ANNUAL AND SICK LEAVE DURING SUCH TEMPORARY APPOINTMENTS.

IN CONNECTION WITH THIS DECISION I AM NOW REQUESTING YOUR DECISION ON THE FOLLOWING QUESTIONS:

(A)MAY EMPLOYEES WHOSE PERMANENT APPOINTMENTS IN THE SERVICE WERE TERMINATED WHEN THEY WERE TRANSFERRED TO THE DIVISION OF DISBURSEMENT AND GIVEN TEMPORARY APPOINTMENTS BE COMPENSATED FOR DEDUCTIONS MADE IN THEIR PAY DURING THEIR TEMPORARY APPOINTMENTS BY REASON OF ABSENCE ON ACCOUNT OF ACCRUED ANNUAL OR SICK LEAVE, AFTER BEING PERMANENTLY APPOINTED IN THE DIVISION OF ISBURSEMENT?

(B) A PERMANENT EMPLOYEE OF THE TREASURY DEPARTMENT WHO WAS GIVEN A TEMPORARY APPOINTMENT IN THE DIVISION OF DISBURSEMENT ON DECEMBER 16, 1933, UNDER THE ORDER OF THE SECRETARY APPROVED BY THE PRESIDENT NOVEMBER 29, 1933, WAS SICK FROM JANUARY 16, 1934, TO FEBRUARY 16, 1934, WHEN HE DIED. FOR THIS PERIOD OF ABSENCE HE RECEIVED NO COMPENSATION. IS HIS ESTATE ENTITLED TO RECEIVE COMPENSATION FOR THAT PERIOD PROVIDED THE EMPLOYEE HAD SUFFICIENT ACCRUED ANNUAL OR SICK LEAVE TO HIS CREDIT TO COVER THE PERIOD OF ABSENCE?

QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE. AFTER THESE EMPLOYEES RECEIVED PERMANENT APPOINTMENTS IN THE DIVISION OF DISBURSEMENT THEIR SERVICES MAY BE REGARDED, FOR LEAVE PURPOSES, AS THOUGH THE SERVICE UNDER THE TEMPORARY APPOINTMENT AND THE PRECEDING REGULAR APPOINTMENT HAD BEEN UNDER THE PRESENT PERMANENT APPOINTMENT. SEE 8 COMP. GEN. 463, AND DECISIONS THEREIN CITED, AND 12 ID. 621.

QUESTION (B) IS ANSWERED IN THE NEGATIVE. AS DEATH OCCURRED DURING THE PERIOD OF SERVICE UNDER TEMPORARY APPOINTMENT WHEN LEAVE WITH PAY COULD NOT HAVE BEEN GRANTED, PAYMENT MAY NOT BE MADE FOR LEAVE OF ABSENCE WHICH ACCRUED BUT WAS NOT TAKEN PRIOR TO SEPARATION FROM A STATUS ENTITLING TO RECEIVE LEAVE WITH PAY. SEE 12 COMP. GEN. 602; 13 ID. 179, INVOLVING EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE.