A-56233, JUNE 22, 1934, 13 COMP. GEN. 460

A-56233: Jun 22, 1934

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EVEN THOUGH THE LEAVE MAY HAVE BEEN REGARDED AS "EARNED" UNDER APPOINTMENTS DESIGNATED AS "INDEFINITE" OR "PERMANENT" PRIOR TO JULY 1. ARE TO BE REGARDED AS "EMERGENCY" EMPLOYEES. AS FOLLOWS: REFERENCE IS MADE TO A RECENT CIRCULAR SENT TO THE HEADS OF EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS BY THE DIRECTOR OF THE BUREAU OF THE BUDGET. IN THIS CONNECTION I DESIRE YOUR RULING AS TO WHETHER EMPLOYEES SO APPOINTED WILL EARN ANNUAL OR SICK LEAVE FROM JULY 1. IS AS FOLLOWS: ALL APPOINTMENTS WHICH MAY HAVE BEEN MADE BY THE SEVERAL EXECUTIVE DEPARTMENTS. WITH RESPECT TO THEIR DURATION ARE DESIGNATED AS . IT IS STATED: THE GENERAL RULE IS THAT LEAVE OF ABSENCE WITH PAY MAY NOT BE GRANTED TO EMPLOYEES SERVING UNDER TEMPORARY APPOINTMENTS.

A-56233, JUNE 22, 1934, 13 COMP. GEN. 460

LEAVE OF ABSENCE - TEMPORARY AND EMERGENCY EMPLOYEES EMPLOYEES SERVING ON AND AFTER JULY 1, 1934, UNDER APPOINTMENTS DESIGNATED AS "TEMPORARY," OR UNDER APPOINTMENTS FIXED FOR A DEFINITE DURATION, AS FOR 30 DAYS, 60 DAYS, ETC., MAY NOT BE GRANTED SICK OR ANNUAL LEAVE OF ABSENCE WITH PAY, EVEN THOUGH THE LEAVE MAY HAVE BEEN REGARDED AS "EARNED" UNDER APPOINTMENTS DESIGNATED AS "INDEFINITE" OR "PERMANENT" PRIOR TO JULY 1, 1934. EMPLOYEES APPOINTED FOR THE DURATION OF EMERGENCY WORK, OR FOR SUCH PERIOD, AS THEIR SERVICES MAY BE REQUIRED ON SUCH WORK, UNDER AUTHORITY OF EMERGENCY LEGISLATION, THE OPERATION OF WHICH AND/OR THE AVAILABILITY OF FUNDS FOR WHICH TERMINATE JUNE 30, 1935, ALTHOUGH THE APPOINTMENTS MAY BE TERMINATED AT ANY TIME PRIOR TO SAID DATE AND MUST TERMINATE NOT LATER THAN SAID DATE, ARE TO BE REGARDED AS "EMERGENCY" EMPLOYEES, RATHER THAN "TEMPORARY," AND MAY BE GRANTED SICK AND ANNUAL LEAVE OF ABSENCE WITH PAY WITHIN THE LIMITATIONS PRESCRIBED BY STATUTE AND/OR ADMINISTRATIVE REGULATIONS.

COMPTROLLER GENERAL MCCARL TO THE FEDERAL EMERGENCY ADMINISTRATOR OF PUBLIC WORKS, JUNE 22, 934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JUNE 20, 1934, AS FOLLOWS:

REFERENCE IS MADE TO A RECENT CIRCULAR SENT TO THE HEADS OF EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS BY THE DIRECTOR OF THE BUREAU OF THE BUDGET, COPY ATTACHED, REQUESTING THAT ALL APPOINTMENTS HERETOFORE MADE AS "INDEFINITE" BE TERMINATED NOT LATER THAN JUNE 30, 1934, AND AFTER THAT DATE APPOINTMENTS MADE UNDER EMERGENCY FUNDS BE SPECIFICALLY DESIGNATED EITHER AS ,TEMPORARY" OR "EMERGENCY" AND THE DURATION EXPRESSLY LIMITED TO A PERIOD NOT EXTENDING BEYOND JUNE 30, 1935. IN THIS CONNECTION I DESIRE YOUR RULING AS TO WHETHER EMPLOYEES SO APPOINTED WILL EARN ANNUAL OR SICK LEAVE FROM JULY 1, 1934. IF NOT, MAY THE LEAVE WHICH HAS BEEN EARNED ALREADY BUT NOT USED UP TO JUNE 30, 1934, BE TAKEN SUBSEQUENT TO THAT DATE.

IN VIEW OF THE EARLY DATE OF THE PROPOSED CHANGE, I SHALL APPRECIATE HAVING A PROMPT RESPONSE.

CIRCULAR NO. 327, ISSUED JUNE 11, 1934, BY THE DIRECTOR OF THE BUREAU OF THE BUDGET, IS AS FOLLOWS:

ALL APPOINTMENTS WHICH MAY HAVE BEEN MADE BY THE SEVERAL EXECUTIVE DEPARTMENTS, INDEPENDENT ESTABLISHMENTS, AND EMERGENCY AGENCIES WHICH, WITH RESPECT TO THEIR DURATION ARE DESIGNATED AS ,INDEFINITE" AS DISTINGUISHED FROM "TEMPORARY" OR "EMERGENCY" SHALL BE TERMINATED NOT LATER THAN JUNE 30, 1934, AND NO FURTHER SUCH INDEFINITE APPOINTMENTS SHALL BE MADE UNDER EMERGENCY FUNDS.

EACH APPOINTMENT MADE UNDER EMERGENCY FUNDS, AS DISTINGUISHED FROM THE APPROPRIATIONS FOR THE REGULAR ACTIVITIES OF THE GOVERNMENT, SHALL BE MADE AND SPECIFICALLY DESIGNATED EITHER AS A TEMPORARY OR AN EMERGENCY APPOINTMENT, AND SHALL EXPRESSLY LIMIT ITS DURATION TO A PERIOD NOT EXTENDING BEYOND JUNE 30, 1935.

IN DECISION OF SEPTEMBER 20, 1933, 13 COMP. GEN. 85, IT IS STATED:

THE GENERAL RULE IS THAT LEAVE OF ABSENCE WITH PAY MAY NOT BE GRANTED TO EMPLOYEES SERVING UNDER TEMPORARY APPOINTMENTS, THAT IS, EMPLOYEES SERVING UNDER APPOINTMENTS OF A DEFINITE DURATION. (3 COMP. GEN. 382; 4 ID. 650; 5 ID. 903; 6 ID. 175, 266, 275.)

THEREFORE, EMPLOYEES SERVING ON AND AFTER JULY 1, 1934, UNDER APPOINTMENTS DESIGNATED AS ,TEMPORARY," OR UNDER APPOINTMENTS FIXED FOR A DEFINITE DURATION, AS FOR 30 DAYS, 60 DAYS, ETC., MAY NOT BE GRANTED SICK OR ANNUAL LEAVE OF ABSENCE WITH PAY, EVEN THOUGH THE LEAVE MAY HAVE BEEN REGARDED AS "EARNED" UNDER APPOINTMENTS DESIGNATED AS "INDEFINITE" OR "PERMANENT" PRIOR TO JULY 1, 1934.

HOWEVER,"EMERGENCY" APPOINTMENTS ARE NOT NECESSARILY TO BE REGARDED AS "TEMPORARY" WITHIN THE MEANING OF THE ABOVE QUOTED RULE PROHIBITING THE GRANTING OF LEAVE OF ABSENCE WITH PAY. EMPLOYEES APPOINTED FOR THE DURATION OF EMERGENCY WORK, OR FOR SUCH PERIOD AS THEIR SERVICES MAY BE REQUIRED ON SUCH WORK, UNDER AUTHORITY OF EMERGENCY LEGISLATION THE OPERATION OF WHICH AND/OR THE AVAILABILITY OF FUNDS FOR WHICH TERMINATE JUNE 30, 1935, ALTHOUGH THE APPOINTMENTS MAY BE TERMINATED AT ANY TIME PRIOR TO SAID DATE AND MUST TERMINATE NOT LATER THAN SAID DATE, ARE NOT TO BE REGARDED AS "TEMPORARY" WITHIN THE MEANING OF THE DECISIONS OF THIS OFFICE, HOLDING THAT LEAVE OF ABSENCE WITH PAY MAY NOT BE GRANTED TO TEMPORARY EMPLOYEES. EMPLOYEES MAY BE SERVING UNDER AN EMERGENCY APPOINTMENT READING IN SUBSTANCE AS FOLLOWS:

EFFECTIVE ON DATE OF OATH, YOU HAVE BEEN (OR ARE HEREBY) APPOINTED A (DESIGNATION), GRADE ------ AT $ ------ PER ANNUM LESS THE SAME PERCENTAGE DEDUCTION AS THAT APPLICABLE TO REGULAR EMPLOYEES UNDER THE PROVISIONS OF SECTIONS 2 AND 3 OF TITLE II OF THE ACT OF MARCH 20, 1933, AS AMENDED, FOR EMERGENCY WORK IN THE (NAME OF OFFICE, BUREAU, ETC.) FOR SUCH PERIOD OF TIME AS YOUR SERVICES MAY BE REQUIRED ON SUCH WORK AND FUNDS ARE AVAILABLE THEREFOR, BUT NOT TO EXTEND BEYOND JUNE 30, 1955.

THE EMPLOYEES SO SERVING MAY BE REGARDED AS "EMERGENCY" RATHER THAN "TEMPORARY" EMPLOYEES, AND THE GRANTING TO SUCH EMPLOYEES OF SICK AND ANNUAL LEAVE OF ABSENCE WITH PAY, WITHIN THE LIMITATIONS PRESCRIBED BY STATUTE AND/OR ADMINISTRATIVE REGULATIONS, WOULD NOT BE IN CONTRAVENTION OF THE DECISIONS OF THIS OFFICE. IN COMPUTING LEAVE OF ABSENCE ALLOWABLE IN SUCH CASES, THE LEAVE EARNED PRIOR TO SUCH APPOINTMENT MAY BE TAKEN THEREAFTER.