B-108999, APRIL 18, 1952, 31 COMP. GEN. 527

B-108999, APRIL 18, 1952, 31 COMP. GEN. 527

LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - TEMPORARY EMPLOYEES - REPEAL OF 20-DAY LIMITATION IN INDEPENDENT OFFICERS APPROPRIATION ACT, 1951 INASMUCH AS THE 20-DAY LIMITATION ON ANNUAL LEAVE IMPOSED AFTER JULY 1, 1951, BY SECTION 601 OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR 1952, WAS REPEALED AND RENDERED INOPERATIVE BY THE ANNUAL AND SICK LEAVE ACT OF 1951, TEMPORARY EMPLOYEES, WHO UPON SEPARATION RECEIVED A LUMP-SUM PAYMENT WHICH INCLUDED PAYMENT FOR ANNUAL LEAVE ACCRUED SINCE JULY 1, 1951, ON THE 20-DAY PER ANNUM BASIS, ARE ENTITLED TO ADDITIONAL COMPENSATION TO COVER THE DIFFERENCE IN THE AMOUNT OF LEAVE PAID FOR AND THE AMOUNT WHICH WOULD HAVE ACCRUED AT THE RATE OF 30 DAYS A YEAR.

ACTING COMPTROLLER GENERAL YATES TO SHIRLEY F. THOMAS, PUBLIC HOUSING ADMINISTRATION, APRIL 18, 1952:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 2, 1952, REQUESTING DECISION WHETHER BECAUSE OF ENACTMENT OF PUBLIC LAW 233, APPROVED OCTOBER 30, 1951, 65 STAT. 672, YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED PROPOSING AN ADDITIONAL LUMP-SUM LEAVE PAYMENT TO MARY LEE THORP FOR 20 HOURS ANNUAL LEAVE. IT APPEARS THAT BEGINNING JUNE 19, 1951, THE PAYEE HELD A SERIES OF TEMPORARY APPOINTMENTS (NOT EXCEEDING ONE MONTH EACH) IN THE RICHMOND FIELD OFFICE OF THE PUBLIC HOUSING ADMINISTRATION, AND RESIGNED COB SEPTEMBER 21, 1951, AND WAS PAID FOR 40 HOURS OF ANNUAL LEAVE BASED UPON THE 20-DAY ANNUAL LEAVE RESTRICTION IMPOSED BY THE SO- CALLED, " DOUGLAS RIDER" IN SECTION 601 OF THE INDEPENDENT OFFICES APPROPRIATION ACT FOR 1952, APPROVED AUGUST 31, 1951, PUBLIC LAW 137, 65 STAT. 291.

THE SAID SECTION 601 WAS REPEALED AS OF THE DATE OF ITS ENACTMENT BY SECTION 207 (A) (7) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 682, APPROVED OCTOBER 30, 1951, PUBLIC LAW 233. IN THE DECISION OF NOVEMBER 20, 1951, B-106348, 31 COMP. GEN. 182, REFERRED TO BY YOU, IT WAS HELD THAT A PERMANENT EMPLOYEE WHO HAD BEEN SEPARATED AND PAID FOR ACCRUED ANNUAL LEAVE UPON THE BASIS OF 20 DAYS A YEAR SINCE JULY 1, 1951, WAS ENTITLED TO ADDITIONAL COMPENSATION COVERING DAYS OF LEAVE WHICH WOULD HAVE ACCRUED UPON THE BASIS OF 26 DAYS A YEAR. THE REFERENCES TO "PERMANENT" EMPLOYEE AND TO "26 DAYS" A YEAR IN THAT DECISION WERE BECAUSE OF THE FACT THAT IT WAS A PERMANENT EMPLOYEE THAT WAS INVOLVED IN THAT CASE. THE HOLDING IN THAT DECISION IS EQUALLY APPLICABLE TO TEMPORARY EMPLOYEES WHO ARE SEPARATED BETWEEN JULY 1, 1951, AND OCTOBER 30, 1951, AND PAID FOR ACCRUED LEAVE UPON THE BASIS OF 20 DAYS A YEAR--- TEMPORARY EMPLOYEES BEING ENTITLED TO THE DIFFERENCE BETWEEN THE LEAVE COMPUTED AT 20 DAYS A YEAR AND THAT AT 30 DAYS A YEAR TO WHICH ENTITLED AT THAT TIME BY VIRTUE OF REPEAL OF THE SO-CALLED " DOUGLAS RIDER.'

ACCORDINGLY, IF OTHERWISE PROPERLY COMPUTED, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.