B-110297, JULY 2, 1952, 32 COMP. GEN. 10

B-110297: Jul 2, 1952

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LUMP-SUM LEAVE PAYMENT - SEPARATION UPON COMPLETION OF 90 DAYS CONTINUOUS SERVICE - ANNUAL AND SICK LEAVE ACT OF 1951 AN EMPLOYEE WHO HAS COMPLETED THE 90-DAY PERIOD OF CONTINUOUS SERVICE REQUIRED BY THE ANNUAL AND SICK LEAVE ACT OF 1951 AND WHO IS SEPARATED AT THE CLOSE OF BUSINESS ON THE 90TH DAY RECEIVES CREDIT FOR ANNUAL LEAVE ACCUMULATED FOR THAT PERIOD AND IS ENTITLED TO PAYMENT FOR SUCH LEAVE UNDER THE LUMP-SUM LEAVE ACT OF DECEMBER 21. 952: REFERENCE IS MADE TO YOUR LETTER OF JUNE 13. REQUESTING DECISION WHETHER AN EMPLOYEE WHO HAS COMPLETED A 90-DAY PERIOD OF CONTINUOUS SERVICE AND IS SEPARATED AT THE CLOSE OF BUSINESS ON THE 90TH DAY IS ENTITLED TO RECEIVE CREDIT FOR ANNUAL LEAVE FOR THE 90-DAY PERIOD AND BE PAID A LUMP-SUM THEREFOR.

B-110297, JULY 2, 1952, 32 COMP. GEN. 10

LUMP-SUM LEAVE PAYMENT - SEPARATION UPON COMPLETION OF 90 DAYS CONTINUOUS SERVICE - ANNUAL AND SICK LEAVE ACT OF 1951 AN EMPLOYEE WHO HAS COMPLETED THE 90-DAY PERIOD OF CONTINUOUS SERVICE REQUIRED BY THE ANNUAL AND SICK LEAVE ACT OF 1951 AND WHO IS SEPARATED AT THE CLOSE OF BUSINESS ON THE 90TH DAY RECEIVES CREDIT FOR ANNUAL LEAVE ACCUMULATED FOR THAT PERIOD AND IS ENTITLED TO PAYMENT FOR SUCH LEAVE UNDER THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, JULY 2, 952:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1952, REQUESTING DECISION WHETHER AN EMPLOYEE WHO HAS COMPLETED A 90-DAY PERIOD OF CONTINUOUS SERVICE AND IS SEPARATED AT THE CLOSE OF BUSINESS ON THE 90TH DAY IS ENTITLED TO RECEIVE CREDIT FOR ANNUAL LEAVE FOR THE 90-DAY PERIOD AND BE PAID A LUMP-SUM THEREFOR.

THE QUESTION ARISES FROM THE PROVISIONS OF SECTION 203 (I) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, PUBLIC LAW APPROVED OCTOBER 30, 1951, 65 STAT. 681, WHICH PROVIDES:

NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A), AN OFFICER OR EMPLOYEE SHALL BE ENTITLED TO ANNUAL LEAVE UNDER THIS TITLE ONLY AFTER HAVING BEEN EMPLOYED CURRENTLY FOR A CONTINUOUS PERIOD OF NINETY DAYS UNDER ONE OR MORE APPOINTMENTS WITHOUT BREAK IN SERVICE. IN ANY CASE IN WHICH AN OFFICER OR EMPLOYEE COMPLETES A PERIOD OF CONTINUOUS EMPLOYMENT OF NINETY DAYS THERE SHALL BE CREDITED TO HIM AN AMOUNT OF ANNUAL LEAVE EQUAL TO THE AMOUNT WHICH, BUT FOR THIS SUBSECTION, WOULD HAVE ACCRUED TO HIM UNDER SUBSECTION (A) DURING SUCH PERIOD.

AS THE COMPLETION OF THE 90-DAY PERIOD OF CONTINUOUS EMPLOYMENT ENTITLES AN EMPLOYEE SIMULTANEOUSLY TO CREDIT FOR LEAVE WHICH OTHERWISE WOULD HAVE ACCRUED DURING THAT PERIOD, IT FOLLOWS THAT, UPON SEPARATION AT THE CLOSE OF THE 90TH DAY, THE EMPLOYEE HAS TO HIS CREDIT THE ACCUMULATED LEAVE FOR THAT PERIOD AND IS ENTITLED TO PAYMENT THEREFOR UNDER THE LUMP-SUM LEAVE ACT OF DECEMBER 21, 1944, 58 STAT. 845.