B-104570, JULY 27, 1951, 31 COMP. GEN. 16

B-104570, JULY 27, 1951, 31 COMP. GEN. 16

LUMP-SUM LEAVE PAYMENTS - SEPARATION FROM TEMPORARY POSITION AN EMPLOYEE WHO IS EMPLOYED CONTINUOUSLY UNDER SEVERAL TEMPORARY APPOINTMENTS--- NOT IN EXCESS OF ONE YEAR--- UNDER WHICH HE EARNS LEAVE IS ENTITLED, UPON TERMINATION OF SUCH APPOINTMENTS AND REEMPLOYMENT FOR INTERMITTENT SERVICE UNDER AN APPOINTMENT IN WHICH NO LEAVE IS EARNED, TO BE PAID A LUMP-SUM PAYMENT FOR ALL ANNUAL LEAVE TO HIS CREDIT AND UNUSED AT THE TERMINATION OF SAID TEMPORARY APPOINTMENTS.

ACTING COMPTROLLER GENERAL YATES TO JOHN N. LEEBRICK, NATIONAL PRODUCTION AUTHORITY, DEPARTMENT OF COMMERCE, JULY 27, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JULY 13, 1951, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF JAMES J. NAJJUM FOR 300 HOURS' ANNUAL LEAVE AS OF THE CLOSE OF BUSINESS JUNE 30, 1951. IT APPEARS THAT MR. NAJJUM WAS ORIGINALLY APPOINTED APRIL 1, 1950, IN THE NATIONAL SECURITY RESOURCES BOARD AS AN EXPERT AT $28 PER DAY UNDER A TEMPORARY APPOINTMENT NOT TO EXTEND BEYOND MARCH 31, 1951, AND THAT HE WAS TRANSFERRED TO THE DEFENSE PRODUCTION ADMINISTRATION BY MASS TRANSFER FEBRUARY 18, 1951, AND CONTINUED UNDER THE SAME APPOINTMENT UNTIL MARCH 31, 1951; THAT ON MARCH 30, 1951, HE WAS GIVEN ANOTHER EXCEPTED APPOINTMENT EFFECTIVE APRIL 1, 1951, NOT TO EXTEND BEYOND JUNE 30, 1951. THIS WAS FOLLOWED BY ANOTHER EXCEPTED APPOINTMENT EFFECTIVE JULY 1, 1951, NOT TO EXCEED JULY 31, 1951, THE LAST BEING FOR INTERMITTENT SERVICE AND IT BEING STATED IN THE LAST APPOINTMENT THAT HE WOULD NOT BE ENTITLED TO EARN LEAVE THEREUNDER PURSUANT TO SECTION 30.201 (C) OF THE ANNUAL AND SICK LEAVE REGULATIONS.

AS THE AGGREGATE PERIOD OF THE SEVERAL TEMPORARY APPOINTMENTS EXCEEDS ONE YEAR, THERE IS SOME DOUBT WITH RESPECT TO THE LEGALITY OF THE TEMPORARY APPOINTMENTS BEGINNING APRIL 1, 1950--- IT HAVING BEEN HELD BY THIS OFFICE THAT APPOINTMENTS UNDER SECTION 15 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 810, MAY NOT EXCEED ONE YEAR. 28 COMP. GEN. 670. HOWEVER, AS THE TEMPORARY SERVICE RENDERED UNDER THE DEFENSE PRODUCTION ADMINISTRATION UP TO JUNE 30, 1951, DID NOT EXCEED ONE YEAR, THIS OFFICE WILL NOT BE REQUIRED TO RAISE ANY OBJECTIONS THERETO AT THIS TIME. THE SERVICE UNDER THE RESPECTIVE TEMPORARY APPOINTMENTS HAVING BEEN CONTINUOUS, IT APPARENTLY WAS PERMISSIBLE TO TRANSFER ANY ACCUMULATED LEAVE BETWEEN THE TEMPORARY APPOINTMENTS, EXCEPT THE LAST ONE UNDER WHICH NO LEAVE IS EARNED. 20 COMP. GEN. 661 AND 21 COMP. GEN. 101. ACCORDINGLY, UPON TERMINATION OF THE TEMPORARY APPOINTMENT JUNE 30, 1951, AND REEMPLOYMENT FOR INTERMITTENT SERVICE UNDER WHICH NO LEAVE WAS EARNED, IT APPEARS PROPER ON THE PRESENT RECORD TO MAKE A LUMP-SUM PAYMENT TO THE EMPLOYEES FOR ALL ANNUAL LEAVE TO HIS CREDIT AND UNUSED UP TO THE CLOSE OF BUSINESS JUNE 30, 1951. SEE 27 COMP. GEN. 126; 30 ID. 150; B-98570, JUNE 15, 1951, 30 ID. 513.

ACCORDINGLY, IF OTHERWISE PROPERLY COMPUTED THE VOUCHER MAY BE CERTIFIED FOR PAYMENT.