B-114117, MARCH 17, 1953, 32 COMP. GEN. 396

B-114117, MARCH 17, 1953, 32 COMP. GEN. 396

LEAVES OF ABSENCE - LEAVE ON LEAVE - ACCRUAL WHILE ON TERMINAL LEAVE - EMPLOYEE IN NON-PAY STATUS FOR PART OF PAY PERIOD UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, AND REGULATIONS ISSUED PURSUANT THERETO, AN EMPLOYEE WHO RECEIVES A REDUCTION-IN-FORCE NOTICE AND IS PLACED ON TERMINAL LEAVE MAY ACCRUE LEAVE ON LEAVE FOR ALL FULL BIWEEKLY PAY PERIODS IN A PAY STATUS, HOWEVER LEAVE ON LEAVE MAY NOT BE ACCRUED FOR A PAY PERIOD IN WHICH THE EMPLOYEE IS IN A NON-PAY STATUS FOR A PART OF THE PAY PERIOD.

COMPTROLLER GENERAL WARREN TO T. W. CHAPPELL, OFFICE OF PRICE STABILIZATION, MARCH 17, 1953:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 27, 1953 (0400/2930), FORWARDED BY LETTER OF MARCH 6, 1953, FROM THE DIRECTOR, BUDGET AND FINANCE DIVISION (2933/LKM), REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT PAYROLL VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENT OF COMPENSATION TO MRS. ELSIE A. RANDLE IN THE AMOUNT OF $45.53. IT IS STATED THAT MRS. RANDLE RECEIVED A REDUCTION IN FORCE NOTICE DECEMBER 19, 1952, WITH THE LAST DAY OF DUTY DESIGNATED AS JANUARY 21, 1953--- HAVING BEEN "PLACED IN TERMINAL LEAVE STATUS EFFECTIVE JANUARY 22, 1953"--- AND THAT SHE HAS BEEN GRANTED AND PAID CURRENTLY FOR ANNUAL LEAVE SINCE THAT TIME RESULTING IN A LEAVE BALANCE FEBRUARY 14, 1953, OF 32 HOURS. THE PROPOSED PAYMENT IS FOR 36 HOURS APPARENTLY DUE TO CREDITING FOUR HOURS ANNUAL LEAVE AS ACCRUED DURING THE PERIOD FEBRUARY 14 TO 28, 1953--- THE EMPLOYEE HAVING BEEN PLACED IN A "FURLOUGH L.W.O.P. STATUS FOR THE REMAINDER OF THE PAY PERIOD ( FEBRUARY 20 TO 28, 1953) AND THROUGH APRIL 30, 1953," THE DATE OF "THE LIQUIDATION OF THIS AGENCY.'

PRIOR TO JANUARY 6, 1952, THE EFFECTIVE DATE OF THE ANNUAL AND SICK LEAVE ACT OF OCTOBER 30, 1951, 65 STAT. 679, THE ANNUAL AND SICK LEAVE REGULATIONS PROHIBITED THE ACCRUAL OF LEAVE ON LEAVE WITH CERTAIN EXCEPTIONS. IN THE LEAVE REGULATIONS ISSUED BY THE CIVIL SERVICE COMMISSION UNDER THE 1951 LEAVE ACT, SECTION 30.203 PROVIDES THAT: " LEAVE SHALL ACCRUE TO AN EMPLOYEE WHILE IN A PAY STATUS.' HOWEVER SECTION 203 (A) OF THE 1951 LEAVE ACT, 65 STAT. 679, PROVIDES:

SEC. 203. (A) OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL BE ENTITLED TO ANNUAL LEAVE WITH PAY WHICH SHALL ACCRUE AS FOLLOWS---

(1) ONE-HALF DAY FOR EACH FULL BIWEEKLY PAY PERIOD IN THE CASE OF OFFICERS AND EMPLOYEES WITH LESS THAN THREE YEARS OF SERVICE,

(2) THREE-FOURTHS DAY FOR EACH FULL BIWEEKLY PAY PERIOD (EXCEPT THAT ACCRUAL FOR THE LAST FULL BIWEEKLY PAY PERIOD IN THE YEAR SHALL BE ONE AND ONE-FOURTH DAYS) IN THE CASE OF OFFICERS AND EMPLOYEES WITH THREE BUT LESS THAN FIFTEEN YEARS OF SERVICE, AND

(3) ONE DAY FOR EACH FULL BIWEEKLY PAY PERIOD IN THE CASE OF OFFICERS AND EMPLOYEES WITH FIFTEEN YEARS OR MORE OF SERVICE.

ACCORDINGLY, AS IT APPEARS FROM YOUR LETTER THAT THIS EMPLOYEE HAD ONLY 32 HOURS OR FOUR DAYS ANNUAL LEAVE UNUSED ON FEBRUARY 14, 1953, SHE WOULD NOT HAVE BEEN IN A PAY STATUS FOR A FULL BIWEEKLY PAY PERIOD IN USING THE FOUR DAYS LEAVE AND, THEREFORE, NOT ENTITLED TO BE CREDITED WITH ANY LEAVE AS ACCRUING DURING THE FOUR DAYS IN A PAY STATUS, THE MINIMUM CREDIT BEING FOR A "FULL BIWEEKLY PAY PERIOD.'

WHILE NOT MENTIONED IN YOUR SUBMISSION, IT WOULD APPEAR POSSIBLE THAT YOUR DOUBT MAY HAVE ARISEN BECAUSE OF SECTION 30.204 OF THE ANNUAL AND SICK LEAVE REGULATIONS. HOWEVER, IN THE VIEW OF THIS OFFICE THAT SECTION HAS NO APPLICATION TO THE PRESENT MATTER. THE VOUCHER IS RETURNED HEREWITH AND PAYMENT THEREON IS NOT AUTHORIZED IN ITS PRESENT FORM.