B-106132, NOVEMBER 21, 1951, 31 COMP. GEN. 185

B-106132: Nov 21, 1951

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BY STUDENTS EMPLOYED IN THE BUREAU OF RECLAMATION AS ENGINEER TRAINEES DURING THE SUMMER VACATION MONTHS WHO WERE CARRIED IN A LEAVE WITHOUT PAY STATUS DURING THE SCHOOL SESSION 1950- 1951 IS NOT FORFEITED UNDER THE PROVISIONS OF SECTION 1212 OF THE GENERAL APPROPRIATION ACT. 1951: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 11. WAS NOT USED BY JUNE 30. BOYLE WAS ONE OF A GROUP OF ENGINEER TRAINEES WORKING DURING THE SUMMER VACATION MONTHS BUT WHO. WAS CARRIED IN A LEAVE WITHOUT PAY STATUS DURING THE SCHOOL SESSION. THAT THE LEAVE IN QUESTION WAS EARNED DURING JULY TO SEPTEMBER 1950: AND THAT HE. WERE REDUCED AT THE CLOSE OF BUSINESS JUNE 30. AS THE LEAVE IN QUESTION COULD HAVE BEEN USED BY THIS EMPLOYEE AT ANY TIME DURING THE PERIOD OF LEAVE WITHOUT PAY DURING THE SCHOOL SESSION 1950 1951.

B-106132, NOVEMBER 21, 1951, 31 COMP. GEN. 185

LEAVES OF ABSENCE - ANNUAL - ACCUMULATION RESTRICTIONS - GENERAL APPROPRIATION ACT, 1951 - SUBSTITUTION OF ANNUAL LEAVE FOR LEAVE WITHOUT PAY ANNUAL LEAVE EARNED DURING THE CALENDAR YEAR 1950 AND NOT USED PRIOR TO THE CLOSE OF BUSINESS ON JUNE 30, 1951, BY STUDENTS EMPLOYED IN THE BUREAU OF RECLAMATION AS ENGINEER TRAINEES DURING THE SUMMER VACATION MONTHS WHO WERE CARRIED IN A LEAVE WITHOUT PAY STATUS DURING THE SCHOOL SESSION 1950- 1951 IS NOT FORFEITED UNDER THE PROVISIONS OF SECTION 1212 OF THE GENERAL APPROPRIATION ACT, 1951, AND MAY BE SUBSTITUTED FOR A CORRESPONDING PERIOD OF SAID LEAVE WITHOUT PAY AND PAYMENT MADE THEREFOR AS HAVING BEEN TAKEN PRIOR TO JUNE 30, 1951.

COMPTROLLER GENERAL WARREN TO WILLIAM E. FRANK, DEPARTMENT OF THE INTERIOR, NOVEMBER 21, 1951:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 11, 1951, FORWARDED HERE BY LETTER OF OCTOBER 15, 1951, FROM THE OFFICE OF DIRECTOR OF PROGRAMS AND FINANCE, BUREAU OF RECLAMATION, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED PROPOSING GROSS PAYMENT OF $83.44 TO WILLIAM F. BOYLE, JR. FOR 56 HOURS ANNUAL LEAVE EARNED DURING THE CALENDAR YEAR 1950, BUT WHICH, UNDER THE FACTS HEREINAFTER RELATED, WAS NOT USED BY JUNE 30, 1951.

IT APPEARS THAT MR. BOYLE WAS ONE OF A GROUP OF ENGINEER TRAINEES WORKING DURING THE SUMMER VACATION MONTHS BUT WHO, LIKE THE REST OF THE TRAINEES, WAS CARRIED IN A LEAVE WITHOUT PAY STATUS DURING THE SCHOOL SESSION; THAT THE LEAVE IN QUESTION WAS EARNED DURING JULY TO SEPTEMBER 1950: AND THAT HE, LIKE THE REST OF THE STUDENTS, HAD ELECTED TO ALLOW HIS ANNUAL LEAVE WHICH ACCRUED DURING THE SUMMER MONTHS REMAIN TO HIS CREDIT AS HAD BEEN DONE IN THE PAST. HOWEVER, PURSUANT TO SECTION 1212 OF THE GENERAL APPROPRIATION ACT OF 1951, PUBLIC LAW 759, 64 STAT. 768, ALL LEAVE BALANCES IN YOUR BUREAU, INCLUDING THOSE OF THE STUDENTS, WERE REDUCED AT THE CLOSE OF BUSINESS JUNE 30, 1951, TO THE EXTENT OF THE UNUSED ANNUAL LEAVE WHICH HAD ACCRUED DURING THE CALENDAR YEAR 1950.

ORDINARILY, THE 1950 ANNUAL LEAVE NOT USED BY THE CLOSE OF BUSINESS JUNE 30, 1951, WOULD, UNDER THE STATUTE, SUPRA, BE FORFEITED AND COULD NOT BE RECREDITED TO THE EMPLOYEES NOR PAID FOR IN CASH. HOWEVER, AS THE LEAVE IN QUESTION COULD HAVE BEEN USED BY THIS EMPLOYEE AT ANY TIME DURING THE PERIOD OF LEAVE WITHOUT PAY DURING THE SCHOOL SESSION 1950 1951, IT NOW MAY BE SUBSTITUTED FOR A CORRESPONDING PERIOD OF SUCH LEAVE WITHOUT PAY AND PAYMENT MADE THEREFOR AS HAVING BEEN TAKEN PRIOR TO JUNE 30, 1951.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT, IN ACCORDANCE WITH THE FOREGOING.