A-89680, OCTOBER 26, 1937, 17 COMP. GEN. 362

A-89680: Oct 26, 1937

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WHOSE DUTIES AND TIME OF WORK ARE SUPERVISED AND CONTROLLED BY FEDERAL OFFICERS. ARE EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14. REGARDLESS OF WHETHER A PORTION OR ALL OF THEIR SALARIES IS PAID BY THE FEDERAL GOVERNMENT. EMPLOYEES ARE UNDER THE SUPERVISION AND CONTROL OF THE FEDERAL GOVERNMENT DURING SIX MONTHS OF THE YEAR AND UNDER THE SUPERVISION AND CONTROL OF THE COOPERATING AGENCY DURING THE OTHER SIX MONTHS. ACCRUES ONLY DURING THE PERIOD THE EMPLOYEES ARE UNDER FEDERAL CONTROL. IS AS FOLLOWS: THIS SUBMISSION ADDRESSES ITSELF TO THE ANNUAL AND SICK LEAVE STATUS OF ALL SO-CALLED COOPERATIVE EMPLOYEES ON THE EMPLOYMENT ROLLS OF THE DEPARTMENT OF AGRICULTURE.

A-89680, OCTOBER 26, 1937, 17 COMP. GEN. 362

LEAVES OF ABSENCE - ANNUAL AND SICK - ACTS, MARCH 14, 1936 - COOPERATIVE EMPLOYEES EMPLOYEES APPOINTED BY THE DEPARTMENT OF AGRICULTURE IN CONNECTION WITH COOPERATIVE WORK WITH STATES, ETC., WHOSE DUTIES AND TIME OF WORK ARE SUPERVISED AND CONTROLLED BY FEDERAL OFFICERS, ARE EMPLOYEES OF THE UNITED STATES WITHIN THE MEANING OF THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162, REGARDLESS OF WHETHER A PORTION OR ALL OF THEIR SALARIES IS PAID BY THE FEDERAL GOVERNMENT, OR OTHERWISE, AND SHOULD BE REGARDED AS IN A CONTINUOUS DUTY STATUS FOR LEAVE PURPOSES. WHERE, UNDER COOPERATIVE AGREEMENTS BETWEEN THE DEPARTMENT OF AGRICULTURE AND STATES, ETC., EMPLOYEES ARE UNDER THE SUPERVISION AND CONTROL OF THE FEDERAL GOVERNMENT DURING SIX MONTHS OF THE YEAR AND UNDER THE SUPERVISION AND CONTROL OF THE COOPERATING AGENCY DURING THE OTHER SIX MONTHS, ANNUAL AND SICK LEAVE UNDER THE FEDERAL ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162, ACCRUES ONLY DURING THE PERIOD THE EMPLOYEES ARE UNDER FEDERAL CONTROL, AND ALTHOUGH SUCH EMPLOYEES MAY BE REGARDED AS IN A CONTINUOUS DUTY STATUS AND THEIR FEDERAL LEAVE CARRIED OVER FROM ONE CONTINUOUS PERIOD OF FEDERAL CONTROL OF ONE MONTH OR MORE TO ANOTHER, SUCH LEAVE MAY BE GRANTED ONLY FOR TAKING DURING FEDERAL SERVICE, AND LEAVE ACCRUED DURING SERVICE UNDER THE COOPERATING AGENCY MAY NOT BE TAKEN DURING FEDERAL SERVICE.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF AGRICULTURE, OCTOBER 26, 1937:

YOUR LETTER OF OCTOBER 13, 1937, IS AS FOLLOWS:

THIS SUBMISSION ADDRESSES ITSELF TO THE ANNUAL AND SICK LEAVE STATUS OF ALL SO-CALLED COOPERATIVE EMPLOYEES ON THE EMPLOYMENT ROLLS OF THE DEPARTMENT OF AGRICULTURE. BEFORE PROPOUNDING THE QUESTIONS ON WHICH WE DESIRE ADVICE, PERMIT US TO OUTLINE CERTAIN FACTS AND STATUTORY BACKGROUND RELATING TO SUCH EMPLOYMENT.

IT WAS RECOGNIZED YEARS AGO THAT CERTAIN PHASES OF THE WORK OF THIS DEPARTMENT COULD BE MORE EFFICIENTLY, EXPEDITIOUSLY, AND ECONOMICALLY PROMOTED BY OUR ENTERING INTO COOPERATIVE AGREEMENTS WITH VARIOUS INDIVIDUALS, AGENCIES AND STATES. ON JULY 24, 1919, THERE WAS ENACTED, THEREFORE, THE FOLLOWING STATUTE EMPOWERING THE DEPARTMENT TO ENTER INTO COOPERATIVE AGREEMENTS:

"THAT HEREAFTER IN CARRYING ON THE ACTIVITIES OF THE DEPARTMENT OF AGRICULTURE INVOLVING COOPERATION WITH STATE, COUNTY, AND MUNICIPAL AGENCIES, ASSOCIATIONS OF FARMERS, INDIVIDUAL FARMERS, UNIVERSITIES, COLLEGES, BOARDS OF TRADE, CHAMBERS OF COMMERCE, OR OTHER LOCAL ASSOCIATIONS OF BUSINESS MEN, BUSINESS ORGANIZATIONS, AND INDIVIDUALS WITHIN THE STATE, TERRITORY, DISTRICT OR INSULAR POSSESSION IN WHICH SUCH ACTIVITIES ARE TO BE CARRIED ON, MONEYS CONTRIBUTED FROM SUCH OUTSIDE SOURCES, EXCEPT IN THE CASE OF THE AUTHORIZED ACTIVITIES OF THE FOREST SERVICE, SHALL BE PAID ONLY THROUGH THE SECRETARY OF AGRICULTURE OR THROUGH STATE, COUNTY OR MUNICIPAL AGENCIES, OR LOCAL FARM BUREAUS OR LIKE ORGANIZATIONS, COOPERATING FOR THE PURPOSE WITH THE SECRETARY OF AGRICULTURE.' (41 STAT. 270).

IN ADDITION TO THE GENERAL AUTHORIZATION OF THE FOREGOING STATUTE, THE DEPARTMENT HAS OTHER LEGISLATION EMPOWERING VARIOUS OF ITS BUREAUS AND AGENCIES TO ENTER INTO COOPERATIVE AGREEMENTS. FOR EXAMPLE, PUBLIC, NO. 46, 74TH CONGRESS, AN ACT TO PROVIDE FOR THE PROTECTION OF LAND RESOURCES AGAINST SOIL EROSION, AND FOR OTHER PURPOSES, CONTAINS A SECTION AUTHORIZING THE SECRETARY OF AGRICULTURE "TO COOPERATE OR ENTER INTO AGREEMENTS WITH, OR TO FURNISH FINANCIAL OR OTHER AID TO, ANY AGENCY, GOVERNMENTAL OR OTHERWISE, OR ANY PERSON, SUBJECT TO SUCH CONDITIONS AS HE MAY DEEM NECESSARY, FOR THE PURPOSE OF THIS ACT.'

THE VARIOUS BUREAU ITEMS OF THE CURRENT DEPARTMENT OF AGRICULTURE APPROPRIATION ACT, PUBLIC, NO. 173, 75TH CONGRESS, CONTAIN AUTHORITY FOR ENTERING INTO COOPERATIVE AGREEMENTS.

THE WEATHER BUREAU ITEM, FOR INSTANCE, PROVIDES "FOR OBSERVATIONS AND REPORTS RELATING TO ROPS; AND FOR OTHER NECESSARY OBSERVATIONS AND REPORTS, INCLUDING COOPERATION WITH OTHER BUREAUS OF THE GOVERNMENT AND SOCIETIES AND INSTITUTIONS OF LEARNING FOR THE DISSEMINATION OF METEOROLOGICAL INFORMATION.' THE BUREAU OF ANIMAL INDUSTRY ITEM PROVIDES FOR "* * * COOPERATION WITH STATE AUTHORITIES IN THE ADMINISTRATION OF REGULATIONS FOR THE IMPROVEMENT OF POULTRY, POULTRY PRODUCTS, AND HATCHERIES, * * *" AND FOR EXPENDITURES FOR HOG CHOLERA CONTROL "* * * EITHER INDEPENDENTLY OR IN COOPERATION WITH FARMERS' ASSOCIATIONS, STATE OR COUNTY AUTHORITIES.' THE FOREST SERVICE ITEM PROVIDES FOR THE "COOPERATION WITH THE VARIOUS STATES OR OTHER APPROPRIATE AGENCIES IN FOREST FIRE PREVENTION AND SUPPRESSION AND THE PROTECTION OF TIMBERED AND CUT-OVER LANDS * * *," AND "FOR COOPERATION WITH THE VARIOUS STATES IN THE PROCUREMENT, PRODUCTION, AND DISTRIBUTION OF FOREST TREE SEEDS AND PLANTS IN ESTABLISHING WINDBREAKS, SHELTER BELTS, AND FARM WOOD LOTS UPON DENUDED OR NONFORESTED LANDS WITHIN SUCH COOPERATING STATES * * *.' SIMILAR PROVISIONS ARE EMBRACED BY THE ITEMS OF THE BUREAU OF CHEMISTRY AND SOILS, THE BUREAU OF ENTOMOLOGY AND PLANT QUARANTINE, THE BUREAU OF BIOLOGICAL SURVEY, THE BUREAU OF PUBLIC ROADS, THE BUREAU OF AGRICULTURAL ENGINEERING, THE BUREAU OF AGRICULTURAL ECONOMICS, AND THE FOOD AND DRUG ADMINISTRATION. THE COOPERATING INDIVIDUALS AND AGENCIES NAMED IN THESE ITEMS INCLUDE STATE AGRICULTURAL EXPERIMENT STATIONS, UNIVERSITIES AND OTHER STATE AGENCIES AND INSTITUTIONS, COUNTIES, MUNICIPALITIES, BUSINESS OR OTHER ORGANIZATIONS AND CORPORATIONS, ASSOCIATIONS, SCIENTIFIC SOCIETIES, FOREIGN GOVERNMENTS, STATE HIGHWAY DEPARTMENTS, FARM BUREAUS, PURCHASING AND CONSUMING ORGANIZATIONS, PERSONS ENGAGED IN THE MARKETING, HANDLING, UTILIZATION, GRADING, TRANSPORTATION, AND DISTRIBUTING OF FARM AND FOOD PRODUCTS, BOARDS OF TRADE, CHAMBERS OF COMMERCE, OTHER ASSOCIATIONS OF BUSINESSMEN OR TRADE ORGANIZATIONS, AND PERSONS OR CORPORATIONS ENGAGED IN THE PRODUCTION, TRANSPORTATION, MARKETING, AND DISTRIBUTION OF FARM AND FOOD PRODUCTS, WHETHER OPERATING IN ONE OR MORE JURISDICTIONS.

THE FOREGOING STATUTORY AUTHORIZATIONS INDICATE THE WIDE RAMIFICATIONS OF THE COOPERATIVE WORK OF THE DEPARTMENT. THE MULTIPLE PROVISIONS OF THE COOPERATIVE AGREEMENTS THAT ARE ENTERED INTO PURSUANT TO THE AUTHORIZATIONS ENUMERATED ABOVE, OBVIOUSLY, ARE NOT POSSIBLE TO STANDARDIZE. THIS IS PARTICULARLY TRUE WITH RESPECT TO THE ADMINISTRATIVE AND FUNCTIONARY PERSONNEL PROVISIONS OF THE AGREEMENTS. IT IS, THEREFORE, IMPOSSIBLE FOR US TO OUTLINE A SET OF FACTS WHICH WOULD COVER THE EMPLOYMENT STATUS OF ALL EMPLOYEES ENGAGED UNDER SUCH COOPERATIVE AGREEMENTS. THERE ARE, HOWEVER, CERTAIN BASIC PERSONNEL PRINCIPLES WHICH WE BELIEVE ARE APPLICABLE TO SUCH EMPLOYEES REGARDLESS OF THE DISTINCTIONS IN THE NATURE OF THEIR EMPLOYMENT.

IN CONNECTION WITH THE GENERAL QUESTION AS TO THE LEAVE RIGHTS OF SUCH EMPLOYEES IT SHOULD BE STATED THAT INSOFAR AS THE CONTROL OVER THE WORK COVERED BY THE AGREEMENTS IS CONCERNED, IN MOST INSTANCES, THE FEDERAL GOVERNMENT RETAINS THE SOLE RIGHT TO SUPERVISE THE EMPLOYEES. IN MANY INSTANCES, HOWEVER, THE RIGHT OF CONTROL IS WAIVED SO THAT THE FEDERAL GOVERNMENT EXERCISES SUPERVISORY CONTROL ONLY OVER ITS APPOINTEES AND THE COOPERATING AGENCY OR INDIVIDUAL GOVERNS ITS OWN EMPLOYEES. WITH RESPECT TO THE APPOINTMENTS OF EMPLOYEES UNDER THE AGREEMENTS IT CAN BE SAID THAT THEY ARE OF TWO GENERAL TYPES, THOSE MADE BY THE FEDERAL GOVERNMENT AND THOSE APPOINTED BY THE COOPERATING INDIVIDUAL, STATE, OR AGENCY. IN SOME INSTANCES, EMPLOYEES SERVE PART TIME AS FEDERAL APPOINTEES AND PART TIME AS COOPERATING AGENCY APPOINTEES UNDER THE SAME AGREEMENT. THE SALARIES OF EMOLUMENTS OF THE PERSONNEL ENGAGED UNDER THE COOPERATIVE AGREEMENTS MAY BE PAID IN FULL BY THE FEDERAL GOVERNMENT, IN FULL BY THE COOPERATING AGENCY, OR MAY BE SHARED ON A DEFINITE PRO RATA BASIS BY BOTH, AND SALARY PAYMENT MAY BE MADE BY CHECKS FROM EITHER OR BOTH OF THE COOPERATING PARTIES. THESE ARE THE FACTORS THAT MAKE DECISIONS RELATING TO THE LEAVE STATUS OF SUCH EMPLOYEES DIFFICULT TO RENDER.

THE ACTS OF MARCH 14, 1936, PUBLIC, NOS. 471 AND 472, 74TH CONGRESS, RELATING TO ANNUAL AND SICK LEAVE FOR GOVERNMENT EMPLOYEES, AND THE EXECUTIVE ORDER PRESCRIBING REGULATIONS RELATING TO ANNUAL AND SICK LEAVE DO NOT SPECIFICALLY TAKE INTO CONSIDERATION COOPERATIVE EMPLOYEES. NEITHER DO WE FIND ANY DECISIONS THAT HAVE EMANATED FROM YOUR OFFICE, OR OTHER CONTROLLING OR INFORMATIVE SOURCES, RELATING TO THE RIGHTS OF SUCH EMPLOYEES AS ARE DESCRIBED ABOVE UNDER THE NEW LEAVE LAWS AND REGULATIONS. CONSEQUENTLY, WHENEVER A QUESTION HAS ARISEN WITH RESPECT TO THE LEAVE STATUS OF COOPERATIVE EMPLOYEES, A DECISION WITH RESPECT THERETO BASED ON GENERAL PRINCIPLES NECESSARILY HAS BEEN REACHED IN THIS DEPARTMENT. FURTHERMORE, WE ARE NOT ADVISED WHETHER THE COMMITTEE ON ANNUAL AND SICK LEAVE OF THE CIVIL SERVICE COMMISSION, WHICH COMMITTEE HAS NOW UNDER CONSIDERATION A LARGE NUMBER OF DISPUTED QUESTIONS RELATING TO LEAVE, IS PREPARED TO ISSUE REGULATIONS COVERING COOPERATIVE EMPLOYEES. IN ANY EVENT, DURING THE INTERVAL THAT WILL NECESSARILY ELAPSE BEFORE SUCH REGULATIONS MAY BE ISSUED, IT IS DESIRABLE TO HAVE ADVICE FROM YOUR OFFICE WITH RESPECT TO THE LEAVE RIGHTS OF SUCH EMPLOYEES.

THIS DEPARTMENT HAS BEEN ADJUSTING THE LEAVE OF SUCH EMPLOYEES ON THE THEORY THAT THE NATURE OF FUNDS FROM WHICH THE EMPLOYEES ARE PAID DOES NOT NECESSARILY CONTROL THEIR LEAVE STATUS, BUT THAT THE NATURE OF THE APPOINTMENTS OF THE EMPLOYEES AND THE SUPERVISORY CONTROL EXERCISED OVER THEM ARE THE CONTROLLING FACTORS. IN OTHER WORDS, THE FACT THAT SUCH AN EMPLOYEE MAY BE PAID IN PART OR ENTIRELY FROM FUNDS CONTRIBUTED BY THE NONGOVERNMENTAL COOPERATING PARTY WOULD NOT FORESTALL LEAVE ALLOWANCES BEING MADE TO HIM SO LONG AS HE WAS UNDER A FEDERAL APPOINTMENT AND GOVERNMENTAL SUPERVISION. SPECIFICALLY, WE HOLD THAT IF SUCH EMPLOYEES HAVE FEDERAL APPOINTMENTS UNDER WHICH THEY WORK FOR SUBSTANTIALLY INDEFINITE PERIODS OF TIME, AND ARE SOLELY UNDER THE SUPERVISION OF THE FEDERAL GOVERNMENT AS TO THEIR DUTIES, THEY ARE ENTITLED TO THE LEAVE RIGHTS AND PRIVILEGES OF REGULAR GOVERNMENT EMPLOYEES. WE HAVE, HOWEVER, TAKEN THE UNQUALIFIED POSITION THAT SUCH EMPLOYEES ARE NOT ENTITLED TO BOTH FEDERAL LEAVE AND LEAVE GRANTED BY THE COOPERATIVE AGENCY UNDER THE AGREEMENT.

IN ORDER TO ASSIST YOU IN REDUCING YOUR ANSWER TO THIS SUBMISSION TO CONCRETE TERMS, IN THE LIGHT OF THE FOREGOING GENERAL DISCUSSION, PERMIT US TO CITE SEVERAL SPECIFIC CASES WHEREIN THE LEAVE RIGHTS OF COOPERATIVE EMPLOYEES ARE INVOLVED:

1. THE BUREAU OF BIOLOGICAL SURVEY HAS A NUMBER OF AGENTS (HUNTERS) BOTH UNDER FORMAL APPOINTMENT, AND LETTER OF AUTHORIZATION APPOINTMENT, WHO ARE EMPLOYED IN PREDATORY ANIMAL CONTROL WORK UNDER COOPERATIVE AGREEMENTS, WITH STATES AND OTHER AGENCIES. THE HUNTERS ARE SHIFTED FROM ONE PAY ROLL TO ANOTHER (STATE OR FEDERAL) DEPENDING UPON THE AVAILABILITY OF RESPECTIVE FUNDS. THESE PAY-ROLL SHIFTS ARE ACCOMPLISHED WITHOUT ANY BREAK IN THE SERVICE OF THE EMPLOYEES AND THE HUNTERS REMAIN AT ALL TIMES UNDER THE SUPERVISION AND CONTROL OF SUPERIOR FEDERAL OFFICERS. THE HUNTERS ARE NEVER, UNDER ANY CONDITIONS,REGARDED AS STATE EMPLOYEES. IS NOT ALWAYS CONVENIENT TO GRANT SUCH HUNTERS ACCUMULATED FEDERAL LEAVE AT THE TIME THEY ARE SHIFTED TO STATE OR AGENCY PAY ROLL WITHOUT GREATLY INTERFERING WITH THE WORK. UNDER THE TERMS OF SECTION 10 OF THE EXECUTIVE ORDER RELATING TO ANNUAL LEAVE, IS THE BUREAU REQUIRED TO GRANT AND ARE THE HUNTERS REQUIRED TO TAKE ACCUMULATED LEAVE AT THE TIME THEY ARE TRANSFERRED FROM FEDERAL TO COOPERATIVE FUND PAY ROLLS, OR MAY SUCH HUNTERS BE REGARDED AS IN A CONTINUOUS PAY STATUS SO FAR AS LEAVE IS CONCERNED, AND BE ALLOWED TO RETAIN SUCH ACCUMULATED LEAVE TO THEIR CREDIT TO BE TAKEN AT A CONVENIENT TIME, TOGETHER WITH SUCH LEAVE AS THEY ACCRUE WHILE ON COOPERATIVE AGENCY PAY ROLLS?

2. A CLERICAL STENOGRAPHIC FIELD EMPLOYEE IN THE BUREAU OF BIOLOGICAL SURVEY HAS BEEN EMPLOYED CONTINUOUSLY SINCE SEPTEMBER 1927 IN BUREAU ACTIVITY. DURING THAT TIME SHE HAS BEEN CONSTANTLY UNDER THE SUPERVISION AND CONTROL OF THE BUREAU, AND, EXCEPT FOR BRIEF INTERVALS IN 1928 AND 1929, AND FROM OCTOBER 1936 TO THE PRESENT DATE, AT WHICH TIMES SHE WAS AND IS UNDER AN AGENT APPOINTMENT WITH THE BUREAU, HER SALARY WAS PAID WHOLLY BY THE STATE OF TEXAS UNDER A COOPERATIVE AGREEMENT. DURING THE TENURE OF HER SERVICE AS AN "AGENT" SHE HAS RECEIVED TWO CHECKS, ONE FROM THE STATE, AND ONE FROM THE FEDERAL GOVERNMENT. THE NATURE OF HER WORK HAS NEVER VARIED. THE LEAVE LAWS OF THE STATE OF TEXAS ALLOW 12 DAYS ANNUAL LEAVE TO ALL STATE EMPLOYEES. IS THIS EMPLOYEE ENTITLED TO LEAVE UNDER FEDERAL REGULATIONS OR SHOULD HER LEAVE BE CONFINED TO THAT GRANTED TO HER BY THE STATE OF TEXAS AND IF SO, FOR WHAT RESPECTIVE PERIODS?

3. THE BUREAU OF AGRICULTURAL ECONOMICS HAS ENTERED INTO COOPERATIVE AGREEMENTS WITH SEVERAL STATES UNDER THE TERMS OF WHICH CERTAIN EMPLOYEES ARE PAID ENTIRELY FROM FEDERAL FUNDS OF ONE-HALF OF THE FISCAL YEAR, AND FROM STATE FUNDS FOR THE OTHER HALF OF THE FISCAL YEAR. THE WORK OF THESE EMPLOYEES IS STRICTLY UNDER FEDERAL CONTROL DURING THE PORTION OF THE YEAR THEIR SALARIES ARE PAID FROM FEDERAL FUNDS AND UNDER STATE CONTROL DURING THE PORTION OF THE YEAR THEIR SALARIES ARE PAID FROM STATE FUNDS. DURING THE LATTER PERIOD THE COOPERATIVE WORKER IS CARRIED ON THE FEDERAL EMPLOYMENT REGISTER AS A COLLABORATOR WITHOUT FEDERAL COMPENSATION. THESE COOPERATIVE AGENTS ACCRUE LEAVE IN ACCORDANCE WITH FEDERAL LEAVE REGULATIONS DURING THE TIME THEY ARE UNDER APPOINTMENT WITH COMPENSATION FROM THE FEDERAL GOVERNMENT, AND ALSO DURING THE TIME THAT THEY ARE UNDER APPOINTMENT WITHOUT COMPENSATION AND PAID WHOLLY BY THE COOPERATING AGENCY, AND UNDER ITS CONTROL? IF NO LEAVE ACCRUES DURING THE PERIOD OF EMPLOYMENT AS COLLABORATOR WITHOUT FEDERAL COMPENSATION, CAN THE LEAVE ACCRUED AS A COOPERATIVE AGENT WITH FEDERAL COMPENSATION BE CARRIED OVER TO THE APPOINTMENT AS COLLABORATOR AND BE GRANTED DURING A SUBSEQUENT APPOINTMENT STATUS AS COOPERATIVE AGENT WITH FEDERAL COMPENSATION?

THE THREE CASES CONCERNING WHICH QUESTIONS ARE ASKED ABOVE, OBVIOUSLY DO NOT COVER ALL LEAVE CIRCUMSTANCES THAT ARISE INCIDENT TO COOPERATIVE AGREEMENTS, BUT WE BELIEVE THAT IN ANSWERING THESE SPECIFIC QUESTIONS YOU WILL EITHER ENDORSE THE GOVERNING PRINCIPLES ENUNCIATED IN THE GENERAL DISCUSSION PRECEDING THE CASES, OR THAT YOU WILL ANNOUNCE THE CORRECT PRINCIPLES FOR APPLICATION. IT WILL THEREUPON BECOME POSSIBLE FOR THIS DEPARTMENT TO DETERMINE AND ADJUST FURTHER CASES AS THEY ARISE WITH THE CONCURRENCE OF YOUR OFFICE. THE FEDERAL LEAVE STATUTES (ACTS MARCH 14, 1936, 49 STAT. 1161 AND 1162) ARE APPLICABLE TO ,CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHEREVER STATIONED * * * REGARDLESS OF THEIR TENURE" WITH CERTAIN EXCEPTIONS NOT HERE INVOLVED. THOSE WHO ARE APPOINTED BY THE FEDERAL GOVERNMENT AND WHOSE DUTIES AND TIME OF WORK ARE SUPERVISED AND CONTROLLED BY FEDERAL OFFICERS ARE "EMPLOYEES OF THE UNITED STATES" WITHIN THE MEANING OF THE LEAVE LAWS REGARDLESS OF THE SOURCE FROM WHICH THEIR SALARIES ARE PAID. 15 COMP. GEN. 852; ID. 1129; 16 ID. 51. THE LEAVE STATUTES REGULATE THE GRANTING OF THE RIGHT TO BE ABSENT FROM DUTY WITH PAY AND UNLESS THE PERIOD OF DUTY THE EMPLOYEES ARE REQUIRED TO WORK IS CONTROLLED AND REGULATED BY FEDERAL OFFICERS, THE FEDERAL LEAVE LAWS CANNOT APPLY.

ACCORDINGLY, DURING ANY PERIOD THE DUTIES OF COOPERATIVE EMPLOYEES ARE SUPERVISED AND THE TIME THAT DUTY IS REQUIRED TO BE PERFORMED IS CONTROLLED BY THE FEDERAL GOVERNMENT, LEAVE ACCRUES UNDER THE FEDERAL STATUTES, BUT DURING ANY PERIOD THEIR DUTIES ARE SUPERVISED AND THE TIME OF PERFORMANCE IS CONTROLLED BY THE STATE OR OTHER COOPERATIVE AGENCY, LEAVE DOES NOT ACCRUE UNDER THE FEDERAL STATUTES. THIS OFFICE IS IN AGREEMENT WITH THE GENERAL POSITION THE DEPARTMENT OF AGRICULTURE TAKES AS EXPRESSED IN YOUR LETTER IMMEDIATELY PRECEDING THE STATEMENT OF THE THREE SPECIFIC QUESTIONS.

ON THE BASIS OF THE FACTS STATED, THE HUNTERS MENTIONED IN QUESTION 1 ARE FEDERAL EMPLOYEES DURING THE ENTIRE PERIOD OF THEIR SERVICE AND SHOULD BE REGARDED AS IN A CONTINUOUS-DUTY STATUS SO FAR AS LEAVE IS CONCERNED, WHETHER PAID BY THE FEDERAL GOVERNMENT OR THE STATE.

REFERRING TO QUESTION 2, IT IS UNDERSTOOD THE DUTIES AND THE TIME THIS EMPLOYEE IS REQUIRED TO WORK IS UNDER THE SUPERVISION AND CONTROL OF THE BIOLOGICAL SURVEY; THAT IS, THE BUREAU RATHER THAN THE STATE OF TEXAS HAS THE AUTHORITY TO EXCUSE THE EMPLOYEE FROM DUTY. IF SO, SHE IS A FEDERAL EMPLOYEE EXCLUSIVELY FOR LEAVE PURPOSES ALTHOUGH A PORTION OR ALL OF HER SALARY MAY BE PAID BY THE STATE.

IT IS UNDERSTOOD THAT THE DUTIES AND THE TIME OF PERFORMANCE OF THE EMPLOYEES MENTIONED IN QUESTION 3 ARE UNDER THE SUPERVISION AND CONTROL OF THE FEDERAL GOVERNMENT DURING 6 MONTHS OF THE YEAR AND UNDER SUPERVISION AND CONTROL OF A STATE DURING THE OTHER 6 MONTHS OF THE YEAR. LEAVE UNDER THE FEDERAL STATUTES ACCRUES ONLY DURING THE 6 MONTHS THE EMPLOYEES ARE UNDER FEDERAL CONTROL, THAT IS, DURING THE PERIOD THE EMPLOYEES ARE IN THE STATUS OF "CIVILIAN * * * EMPLOYEES OF THE UNITED STATES.' HOWEVER, SUCH EMPLOYEES MAY BE REGARDED AS IN A CONTINUOUS-DUTY STATUS AND FEDERAL LEAVE MAY BE CARRIED OVER FROM ONE CONTINUOUS PERIOD OF FEDERAL CONTROL OF 1 MONTH OR MORE TO ANOTHER. 16 COMP. GEN. 865. LEAVE WHICH ACCRUES DURING FEDERAL SERVICE NECESSARILY MAY BE GRANTED ONLY FOR TAKING DURING FEDERAL SERVICE. LEAVE WHICH ACCRUES DURING SERVICE UNDER THE COOPERATIVE AGENCY MAY NOT BE TAKEN DURING FEDERAL SERVICE.