A-85965, MAY 10, 1937, 16 COMP. GEN. 993

A-85965: May 10, 1937

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1936 - TEMPORARY EMPLOYEES TEMPORARY EMPLOYEES ARE NOT ENTITLED TO ANNUAL LEAVE WITH PAY UNDER THE ACT OF MARCH 14. IS AS FOLLOWS: THE ACT OF MARCH 14. WILL YOU PLEASE ADVISE THE SOCIAL SECURITY BOARD WHETHER THE LEAVE AUTHORIZED MAY BE GRANTED PROPORTIONATELY FOR THE TIME ACTUALLY EMPLOYED OR ONLY IN MULTIPLES OF TWO AND ONE-HALF DAYS FOR EACH FULL MONTH OF SERVICE? IT WAS HELD THAT TEMPORARY EMPLOYEES ARE ENTITLED TO 2 1/2 DAYS' ANNUAL LEAVE OF ABSENCE WITH PAY INCLUSIVE OF SUNDAYS AND HOLIDAYS FOR EACH FULL MONTH OF SERVICE. THE STATUTORY GRANT OF ANNUAL LEAVE TO TEMPORARY EMPLOYEES IS CLEARLY ON A MONTHLY BASIS. THAT IS. THIS IS NOT A GRANT OF LEAVE "FOR" EACH YEAR OF SERVICE BUT ENTITLES PERMANENT EMPLOYEES TO 26 DAYS' ANNUAL LEAVE "EACH CALENDAR YEAR.'.

A-85965, MAY 10, 1937, 16 COMP. GEN. 993

LEAVES OF ABSENCE - ANNUAL - ACT, MARCH 14, 1936 - TEMPORARY EMPLOYEES TEMPORARY EMPLOYEES ARE NOT ENTITLED TO ANNUAL LEAVE WITH PAY UNDER THE ACT OF MARCH 14, 1936, 49 STAT. 1161, FOR A FRACTIONAL MONTH'S SERVICE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE CHAIRMAN, SOCIAL SECURITY BOARD, MAY 10, 1937:

YOUR LETTER OF APRIL 29, 1937, IS AS FOLLOWS:

THE ACT OF MARCH 14, 1936,"TO PROVIDE FOR VACATIONS TO GOVERNMENT EMPLOYEES, AND FOR OTHER PURPOSES," PRESCRIBES THAT "TEMPORARY EMPLOYEES, EXCEPT TEMPORARY EMPLOYEES ENGAGED ON CONSTRUCTION WORK AT HOURLY RATES, SHALL BE ENTITLED TO TWO AND ONE-HALF DAYS LEAVE FOR EACH MONTH OF SERVICE.' SECTION 14 OF EXECUTIVE ORDER NO. 7409, DATED JULY 9, 1936, PRESCRIBING LEAVE REGULATIONS IN PURSUANCE OF THE ACT REFERRED TO ABOVE, PROVIDES AS FOLLOWS:

"TEMPORARY EMPLOYEES SHALL BE GRANTED 2 1/2 DAYS LEAVE FOR EACH MONTH OF SERVICE BEGINNING JANUARY 1, 1936.'

WILL YOU PLEASE ADVISE THE SOCIAL SECURITY BOARD WHETHER THE LEAVE AUTHORIZED MAY BE GRANTED PROPORTIONATELY FOR THE TIME ACTUALLY EMPLOYED OR ONLY IN MULTIPLES OF TWO AND ONE-HALF DAYS FOR EACH FULL MONTH OF SERVICE?

IN DECISION OF APRIL 16, 1937, A-84992, 16 COMP. GEN. 934, IT WAS HELD THAT TEMPORARY EMPLOYEES ARE ENTITLED TO 2 1/2 DAYS' ANNUAL LEAVE OF ABSENCE WITH PAY INCLUSIVE OF SUNDAYS AND HOLIDAYS FOR EACH FULL MONTH OF SERVICE. THE STATUTORY GRANT OF ANNUAL LEAVE TO TEMPORARY EMPLOYEES IS CLEARLY ON A MONTHLY BASIS, THAT IS,"FOR EACH MONTH OF SERVICE.' COMPARE THIS WITH THE TERMS OF THE STATUTORY GRANT OF ANNUAL LEAVE TO PERMANENT EMPLOYEES, TO WIT,"26 DAYS' ANNUAL LEAVE WITH PAY EACH CALENDAR YEAR, EXCLUSIVE OF SUNDAYS AND HOLIDAYS.' THIS IS NOT A GRANT OF LEAVE "FOR" EACH YEAR OF SERVICE BUT ENTITLES PERMANENT EMPLOYEES TO 26 DAYS' ANNUAL LEAVE "EACH CALENDAR YEAR.'

ACCORDINGLY, TEMPORARY EMPLOYEES ARE NOT ENTITLED TO ANNUAL LEAVE FOR A FRACTIONAL MONTH'S SERVICE.