B-103182, JUNE 12, 1951, 30 COMP. GEN. 508

B-103182: Jun 12, 1951

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IS REQUIRED TO BE IN AN AMOUNT EQUAL TO THE COMPENSATION AN EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN SERVICE UNTIL THE EXPIRATION OF HIS CURRENT AND ACCRUED ANNUAL LEAVE. SO THAT WHERE EMPLOYEES ARE ON A REGULAR ROTATIVE SCHEDULE IN WHICH THE WORKWEEK CHANGES REGULARLY. THE LUMP-SUM LEAVE PAYMENT IS TO BE COMPUTED UPON THE BASIS OF THE WORKDAYS. OCCURRING WITHIN THE ROTATIVE WORKWEEKS WHICH WOULD HAVE BEEN SERVED BY THE EMPLOYEE HAD HE REMAINED IN THE SERVICE DURING THE PERIOD OVER WHICH THE LEAVE IS COMPUTED. 1951: REFERENCE IS MADE TO YOUR LETTER OF MAY 2. LUMP-SUM PAYMENTS FOR ANNUAL LEAVE TO EMPLOYEES WHO ARE ON A SCHEDULED WORK WEEK OTHER THAN MONDAY THROUGH FRIDAY WILL BE COMPUTED BY USING THE SCHEDULED WORKWEEK IN EFFECT AT THE TIME OF SEPARATION FOR THE REMAINING PORTION OF THE PAY PERIOD IN WHICH THE SEPARATION OCCURS.

B-103182, JUNE 12, 1951, 30 COMP. GEN. 508

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS - ROTATIVE WORKWEEKS THE LUMP-SUM PAYMENT FOR LEAVE AUTHORIZED TO BE PAID UPON SEPARATION FROM SERVICE PURSUANT TO THE ACT OF DECEMBER 21, 1944, IS REQUIRED TO BE IN AN AMOUNT EQUAL TO THE COMPENSATION AN EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN SERVICE UNTIL THE EXPIRATION OF HIS CURRENT AND ACCRUED ANNUAL LEAVE, SO THAT WHERE EMPLOYEES ARE ON A REGULAR ROTATIVE SCHEDULE IN WHICH THE WORKWEEK CHANGES REGULARLY, THE LUMP-SUM LEAVE PAYMENT IS TO BE COMPUTED UPON THE BASIS OF THE WORKDAYS, HOLIDAYS, ETC., OCCURRING WITHIN THE ROTATIVE WORKWEEKS WHICH WOULD HAVE BEEN SERVED BY THE EMPLOYEE HAD HE REMAINED IN THE SERVICE DURING THE PERIOD OVER WHICH THE LEAVE IS COMPUTED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, JUNE 12, 1951:

REFERENCE IS MADE TO YOUR LETTER OF MAY 2, 1951, REQUESTING DECISION WITH RESPECT TO THE VALIDITY OF REGULATIONS ISSUED BY THE WEATHER BUREAU FOR COMPUTING LUMP-SUM PAYMENTS FOR ACCUMULATED AND ACCRUED ANNUAL LEAVE UNDER THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, THE REGULATIONS PROVIDING AS FOLLOWS:

EFFECTIVE WITH THE PAY PERIOD FOLLOWING JANUARY 22, 1950, LUMP-SUM PAYMENTS FOR ANNUAL LEAVE TO EMPLOYEES WHO ARE ON A SCHEDULED WORK WEEK OTHER THAN MONDAY THROUGH FRIDAY WILL BE COMPUTED BY USING THE SCHEDULED WORKWEEK IN EFFECT AT THE TIME OF SEPARATION FOR THE REMAINING PORTION OF THE PAY PERIOD IN WHICH THE SEPARATION OCCURS; AND THE REGULAR WORK WEEK OF MONDAY THROUGH FRIDAY WITH SUNDAY AND SATURDAY AS SCHEDULED DAYS OFF FOR THE REMAINDER OF THE PERIOD ON WHICH THE LUMP-SUM PAYMENT IS COMPUTED.

THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, PROVIDES IN PERTINENT PART: "SUCH LUMP-SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE.' IT IS EXPLAINED IN YOUR LETTER THAT PRIOR TO JANUARY 22, 1950, LUMP-SUM PAYMENTS WERE COMPUTED IN THE WEATHER BUREAU BY USING THE WORKWEEK THAT WAS IN FORCE AT THE TIME OF SEPARATION, BUT IT WAS ADMINISTRATIVELY DETERMINED THAT THIS PROCEDURE WAS NOT WHOLLY CORRECT IN VIEW OF THE FACT THAT EMPLOYEES OF THE WEATHER BUREAU WHO PERFORMED DUTY ON SCHEDULED WORKWEEKS OTHER THAN MONDAY THROUGH FRIDAY ARE SCHEDULED ON A ROTATIVE SHIFT BASIS, WHICH INVOLVES A CHANGE OF THE WORKWEEK AT THE END OF EACH BIWEEKLY PAY PERIOD.

AS THE REGULATION QUOTED ABOVE WOULD NOT, IN ALL CASES, RESULT IN THE EMPLOYEE'S RECEIVING AN AMOUNT EQUAL TO THE COMPENSATION WHICH WOULD HAVE BEEN RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF LEAVE, IT DOES NOT MEET FULLY THE REQUIREMENTS OF THE LUMP-SUM LEAVE ACT. WHERE EMPLOYEES ARE ON A REGULAR ROTATIVE SCHEDULE IN WHICH THE WORKWEEK CHANGES REGULARLY, IT WOULD APPEAR THAT THE ONLY CORRECT METHOD OF COMPUTING THE LUMP-SUM LEAVE WOULD BE UPON THE BASIS OF THE WORKDAYS, HOLIDAYS, ETC., OCCURRING WITHIN THE ROTATIVE WORKWEEKS WHICH WOULD HAVE BEEN SERVED BY THE EMPLOYEE HAD HE REMAINED IN THE SERVICE DURING THE PERIOD OVER WHICH THE LEAVE IS COMPUTED. B-98251, JANUARY 5, 1951; 26 COMP. GEN. 212. YOUR QUESTION IS ANSWERED ACCORDINGLY.