B-114300, MAY 6, 1953, 32 COMP. GEN. 490

B-114300: May 6, 1953

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PROVIDES THAT PART TIME EMPLOYEES (INDEFINITE AND WHEN ACTUALLY EMPLOYED) WHO HAVE REGULARLY SCHEDULED TOURS OF DUTY FIXED IN ADVANCE SHALL ACCRUE ANNUAL LEAVE ON THE BASIS OF THE NUMBER OF HOURS IN A PAY STATUS. 1953: REFERENCE IS MADE TO YOUR LETTER OF MARCH 18. RELATIVE TO QUESTIONS ARISING WITHIN THE DEPARTMENT WITH RESPECT TO THE APPLICATION OF REGULATIONS PERTAINING TO THE ACCRUAL OF ANNUAL LEAVE FOR INDEFINITE PART- TIME AND WAE EMPLOYEES WHO HAVE REGULARLY SCHEDULED TOURS OF DUTY FIXED IN ADVANCE. IT IS STATED FURTHER THAT. IT IS INDICATED THAT SOME DOUBT HAS BEEN CAST UPON THIS VIEW BY OFFICE DECISION OF DECEMBER 4. WHICH STATES THAT LEAVE ACCRUES TO AN EMPLOYEE ONLY FOR EACH FULL BIWEEKLY PAY PERIOD AND THAT LEAVE CREDITS OF A PART-TIME EMPLOYEE ARE LIMITED TO A MINIMUM OF ONE HOUR.

B-114300, MAY 6, 1953, 32 COMP. GEN. 490

LEAVES OF ABSENCE - ANNUAL - ACCRUAL - PART TIME AND WHEN ACTUALLY EMPLOYED EMPLOYEES SECTION 30.501 OF THE ANNUAL AND SICK LEAVE REGULATIONS, ISSUED PURSUANT TO THE ANNUAL AND SICK LEAVE ACT OF 1951, PROVIDES THAT PART TIME EMPLOYEES (INDEFINITE AND WHEN ACTUALLY EMPLOYED) WHO HAVE REGULARLY SCHEDULED TOURS OF DUTY FIXED IN ADVANCE SHALL ACCRUE ANNUAL LEAVE ON THE BASIS OF THE NUMBER OF HOURS IN A PAY STATUS, AND THEREFORE, SUCH EMPLOYEES MAY CARRY OVER FROM ONE PAY PERIOD TO THE NEXT--- TO ACCUMULATE TOWARD FUTURE LEAVE CREDITS--- THOSE HOURS OF SERVICE IN A PAY STATUS WHICH DO NOT EQUAL THE NUMBER NECESSARY FOR A MINIMUM LEAVE CREDIT OF ONE HOUR.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF AGRICULTURE, MAY 6, 1953:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 18, 1953, RELATIVE TO QUESTIONS ARISING WITHIN THE DEPARTMENT WITH RESPECT TO THE APPLICATION OF REGULATIONS PERTAINING TO THE ACCRUAL OF ANNUAL LEAVE FOR INDEFINITE PART- TIME AND WAE EMPLOYEES WHO HAVE REGULARLY SCHEDULED TOURS OF DUTY FIXED IN ADVANCE.

SECTION 30.501 OF THE ANNUAL AND SICK LEAVE REGULATIONS ISSUED BY THE CIVIL SERVICE COMMISSION, AND REFERRED TO IN THE LETTER OF MARCH 18, PROVIDES AS FOLLOWS:

PART-TIME EMPLOYEES FOR WHOM THERE HAS BEEN ESTABLISHED IN ADVANCE A REGULAR TOUR OF DUTY OF ONE OR MORE DAYS DURING EACH ADMINISTRATIVE WORKWEEK, AND HOURLY EMPLOYEES IN THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT SHALL EARN ANNUAL LEAVE AS FOLLOWS:

(A) EMPLOYEES WITH LESS THAN 3 YEARS OF SERVICE SHALL EARN AND BE CREDITED WITH 1 HOUR OF ANNUAL LEAVE FOR EACH 20 HOURS IN A PAY STATUS.

(B) EMPLOYEES WITH 3 BUT LESS THAN 15 YEARS OF SERVICE SHALL EARN AND BE CREDITED WITH 1 HOUR ANNUAL LEAVE FOR EACH 13 HOURS IN A PAY STATUS.

(C) EMPLOYEES WITH 15 YEARS OR MORE OF SERVICE SHALL EARN AND BE CREDITED WITH 1 HOUR OF ANNUAL LEAVE FOR EACH 10 HOURS IN A PAY STATUS.

YOUR LETTER STATES THAT, IN PROVIDING FOR LEAVE CREDIT FOR ELIGIBLE PART- TIME EMPLOYEES ON THE BASIS OF THE NUMBER OF HOURS IN A PAY STATUS, AS DISTINGUISHED FROM THE NUMBER OF HOURS IN A PAY PERIOD, IT WOULD APPEAR THAT THE CIVIL SERVICE COMMISSION HAS GIVEN EFFECT TO THE REQUIREMENTS OF SECTION 205 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 681, THAT PART-TIME EMPLOYEES, UNLESS OTHERWISE EXEMPTED, SHALL BE ENTITLED ON A PRO RATA BASIS TO THE BENEFITS PROVIDED IN SECTION 203 OF THE SAID ACT, 65 STAT. 679. IT IS STATED FURTHER THAT, ON THIS BASIS, LEAVE WOULD ACCRUE TO AN OTHERWISE ELIGIBLE PART-TIME EMPLOYEE IN THE BASIS OF THE NUMBER OF HOURS IN A PAY STATUS WITHOUT REGARD TO THE NUMBER OF HOURS IN A BIWEEKLY PAY PERIOD. HOWEVER, IT IS INDICATED THAT SOME DOUBT HAS BEEN CAST UPON THIS VIEW BY OFFICE DECISION OF DECEMBER 4, 1952, B-112731, WHICH STATES THAT LEAVE ACCRUES TO AN EMPLOYEE ONLY FOR EACH FULL BIWEEKLY PAY PERIOD AND THAT LEAVE CREDITS OF A PART-TIME EMPLOYEE ARE LIMITED TO A MINIMUM OF ONE HOUR. THE LETTER POINTS OUT THAT THE DECISION OF DECEMBER 4, 1952, PERHAPS MAY BE INTERPRETED TO MEAN THAT THERE IS NO CREDIT OF ANNUAL LEAVE FOR FRACTIONAL PARTS OF BIWEEKLY PAY PERIODS EITHER AT THE BEGINNING OR END OF AN EMPLOYEE'S PERIOD OF SERVICE, AND ALSO, THAT, WHERE AN EMPLOYEE IN A TRANSITION FROM PART-TIME TO FULL TIME EMPLOYMENT DOES NOT SERVE IN THE BIWEEKLY PAY PERIOD OF THE TRANSITION AN EXACT MULTIPLE OF THE HOURS FOR HIS LEAVE CATEGORY, HE WOULD NOT RECEIVE CREDIT FOR THE FRACTIONAL HOURS OF SERVICE WHICH DID NOT EQUAL THE MINIMUM CREDIT OF ONE HOUR. IN VIEW OF THE DOUBT AS TO WHETHER OR NOT AN EMPLOYEE MUST SERVE ENOUGH HOURS IN EACH BIWEEKLY PAY PERIOD TO ENTITLE HIM TO HOURLY LEAVE CREDITS, DECISION IS REQUESTED ON THE FOLLOWING QUESTIONS:

1. IF A PART-TIME EMPLOYEE ELIGIBLE TO EARN LEAVE HAS A TOUR OF DUTY INVOLVING 48 HOURS PER PAY PERIOD, MAY THE PAY STATUS HOURS IN EXCESS OF THE MULTIPLE OF 20, 13, OR 10, AS THE CASE MAY BE, BE CARRIED OVER FROM ONE PAY PERIOD TO THE NEXT TO ACCUMULATE TOWARDS FUTURE UNITS OF 20,13, OR 10 FOR EARNING LEAVE?

2. IF THE ANSWER TO QUESTION 1 IS IN THE NEGATIVE, MAY AN EMPLOYEE SUCH AS CITED ABOVE BE CREDITED WITH THE FRACTIONAL PART OF LEAVE EARNED DURING EACH FULL BI-WEEKLY PAY PERIOD, SO THAT HE WILL NOT BE DENIED FULL PRO RATA BENEFITS OF THE LAW, THAT IS 2 2/5 HOURS IN THE CASE OF AN EMPLOYEE WITH LESS THAN 3 YEARS SERVICE, 3 9/13 HOURS FOR AN EMPLOYEE WITH MORE THAN 3 BUT LESS THAN 15 YEARS SERVICE, AND 4 4/5 HOURS FOR AN EMPLOYEE WITH SERVICE OF 15 YEARS OR OVER?

SECTION 203 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, PROVIDES, IN EFFECT, THAT EMPLOYEES SHALL ACCRUE ANNUAL LEAVE ON THE BASIS OF EACH FULL BIWEEKLY PAY PERIOD, AND OBVIOUSLY REFERS TO FULL-TIME EMPLOYEES, UNLESS OTHERWISE EXCEPTED, SHALL BE ENTITLED ON A PRO RATA BASIS TO THE BENEFITS PROVIDED BY SECTIONS 203 * * * OF THIS TITLE.' FOLLOWS THAT TO BENEFIT FROM THE LEAVE ACT, A PART-TIME EMPLOYEE MUST SERVE UNDER AN ESTABLISHED TOUR OF DUTY FOR EACH OF THE TWO ADMINISTRATIVE WORK WEEKS IN EACH BIWEEKLY PAY PERIOD. SEE 32 COMP. GEN. 206.

IN OFFICE DECISION OF DECEMBER 4, 1952, THE EMPLOYEE INVOLVED WAS NOT ON THE ROLLS DURING THE FIRST ADMINISTRATIVE WORK WEEK OF THE BIWEEKLY PAY PERIOD SO AS TO ENTITLE HIM TO ANY LEAVE CREDIT FOR THE HOURS WORKED IN HIS ESTABLISHED TOUR OF DUTY IN THE SECOND WEEK OF THE PERIOD. WITH REFERENCE TO THE PART-TIME SERVICE PERFORMED DURING THE PAY PERIOD DURING WHICH THE EMPLOYEES' STATUS CHANGED FROM PART-TIME TO FULL-TIME SERVICE, CREDIT FOR THE PART-TIME SERVICE TOWARD EARNING OF LEAVE, BEING INSUFFICIENT TO EARN THE MINIMUM OF ONE HOUR, WAS LOST SOLELY BECAUSE OF THE STATUS CHANGE. THERE WAS NOT INTENTION IN THE SAID DECISION TO DENY CREDIT TOWARD LEAVE ACCRUAL FOR HOURS ACCUMULATED IN EXCESS OF THOSE HOURS IN A PAY STATUS FOR WHICH A PART-TIME EMPLOYEE OTHERWISE WOULD BE ENTITLED TO ONE HOUR OR MORE OF LEAVE.

ON THE BASIS OF THE FOREGOING QUESTION NO. 1 IS ANSWERED IN THE AFFIRMATIVE THUS RENDERING UNNECESSARY ANY ANSWER TO QUESTION 2.