B-104611, AUGUST 2, 1951, 31 COMP. GEN. 19

B-104611: Aug 2, 1951

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LEAVES OF ABSENCE - EMPLOYEES UNDER PERMANENT LEAVE SYSTEM - TEMPORARY UP -GRADING THE TEMPORARY UP-GRADING FOR ADMINISTRATIVE REASONS OF A TEMPORARY INDEFINITE EMPLOYEE FROM HIS REGULAR POSITION WHICH WAS PERMANENT FOR LEAVE PURPOSES TO TEMPORARY "CONCURRENT" EMPLOYMENT UNDER A DIFFERENT LEAVE SYSTEM DOES NOT TERMINATE HIS PERMANENT STATUS. SUCH EMPLOYEE IS ENTITLED TO CONTINUE IN RECEIPT OF COMPENSATION FOR ANNUAL AND SICK LEAVE AND HOLIDAY PAY AS IN A PERMANENT STATUS. 1951: REFERENCE IS MADE TO YOUR LETTER OF JULY 11. A HOLIDAY WHEN NO WORK WAS PERFORMED. NOVEMBER 24 AND 27 WHEN HE WAS ON ANNUAL LEAVE. DECEMBER 8 WHEN HE WAS ON SICK LEAVE. BECAUSE OF A SHORTAGE OF PERSONNEL IT WAS NECESSARY TO TRANSFER HIM TEMPORARILY FROM HIS REGULAR WORK ON FOREST TRAILS TO TIMBER WORK.

B-104611, AUGUST 2, 1951, 31 COMP. GEN. 19

LEAVES OF ABSENCE - EMPLOYEES UNDER PERMANENT LEAVE SYSTEM - TEMPORARY UP -GRADING THE TEMPORARY UP-GRADING FOR ADMINISTRATIVE REASONS OF A TEMPORARY INDEFINITE EMPLOYEE FROM HIS REGULAR POSITION WHICH WAS PERMANENT FOR LEAVE PURPOSES TO TEMPORARY "CONCURRENT" EMPLOYMENT UNDER A DIFFERENT LEAVE SYSTEM DOES NOT TERMINATE HIS PERMANENT STATUS--- ONLY THE UP GRADING BEING TEMPORARY--- AND THEREFORE, SUCH EMPLOYEE IS ENTITLED TO CONTINUE IN RECEIPT OF COMPENSATION FOR ANNUAL AND SICK LEAVE AND HOLIDAY PAY AS IN A PERMANENT STATUS. COMPARE 28 COMP. GEN. 730.

COMPTROLLER GENERAL WARREN TO W. LEROY STILES, DEPARTMENT OF AGRICULTURE, AUGUST 2, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JULY 11, 1951, YOUR REFERENCE A, DISBURSEMENT, VOUCHERS, CUMBERLAND, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED IN FAVOR OF TROY N. ANDERSON, AN EMPLOYEE OF THE FOREST SERVICE, IN THE AMOUNT OF $38.10, AS COMPENSATION FOR NOVEMBER 23, A HOLIDAY WHEN NO WORK WAS PERFORMED, NOVEMBER 24 AND 27 WHEN HE WAS ON ANNUAL LEAVE, AND DECEMBER 8 WHEN HE WAS ON SICK LEAVE. IT APPEARS THAT MR. ANDERSON HELD AN INDEFINITE TEMPORARY APPOINTMENT AT $2,450 PER ANNUM, WAE; THAT ON NOVEMBER 1, 1950, BECAUSE OF A SHORTAGE OF PERSONNEL IT WAS NECESSARY TO TRANSFER HIM TEMPORARILY FROM HIS REGULAR WORK ON FOREST TRAILS TO TIMBER WORK, PURSUANT TO WHICH HE WAS GIVEN TEMPORARY "CONCURRENT" EMPLOYMENT IN GS-3 AT $2,650 PER ANNUM, EFFECTIVE NOVEMBER 1, 1950. HE WAS AUTHORIZED TO BE ABSENT ON THE DATES MENTIONED BUT PAYMENT THEREFOR WAS DELETED FROM THE CURRENT PAY ROLL BECAUSE OF DOUBT AS TO HIS RIGHT THERETO BECAUSE OF THE TEMPORARY NATURE OF HIS POSITION IN GS-3.

UNDER THE CIRCUMSTANCES, THE EMPLOYEE'S TEMPORARY UP-GRADING FOR ADMINISTRATIVE REASONS DID NOT TERMINATE HIS PERMANENT STATUS--- ONLY THE UP-GRADING BEING TEMPORARY--- ACCORDINGLY, HE WAS ENTITLED TO CONTINUE IN RECEIPT OF COMPENSATION FOR ANNUAL AND SICK LEAVE AND HOLIDAY PAY AS IN A PERMANENT STATUS. COMPARE 28 COMP. GEN. 730.

THE VOUCHER WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IN THE ABSENCE OF OTHER OBJECTION.