B-117272, NOVEMBER 9, 1953, 33 COMP. GEN. 209

B-117272: Nov 9, 1953

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MAY EQUAL THE ANNUAL LEAVE WHICH EMPLOYEES IN THE AGENCY TO WHICH SUCH EMPLOYEES TRANSFERRED COULD HAVE ACCUMULATED AND CURRENTLY ACCRUED AT THE DATE OF TRANSFER. MAY TRANSFER A MAXIMUM OF 60 DAYS ANNUAL LEAVE PLUS THE ANNUAL LEAVE WHICH AN EMPLOYEE IN THE AGENCY TO WHICH SUCH EMPLOYEE TRANSFERRED COULD HAVE ACCRUED AS OF THE DATE OF THE TRANSFER. MAY TRANSFER A MAXIMUM OF 30 DAYS ANNUAL LEAVE PLUS THE CURRENT ANNUAL LEAVE WHICH AN EMPLOYEE IN THE AGENCY TO WHICH SUCH EMPLOYEE TRANSFERRED COULD HAVE ACCRUED AS OF THE DATE OF THE TRANSFER. TO PROVIDE THAT AN EMPLOYEE WHO RECEIVES A LUMP-SUM LEAVE PAYMENT UPON SEPARATION FROM THE SERVICE AND WHO IS REEMPLOYED UNDER A DIFFERENT LEAVE SYSTEM PRIOR TO THE EXPIRATION OF THE PERIOD COVERED BY SUCH LEAVE PAYMENT SHALL REFUND THE PAYMENT FOR THE UNEXPIRED PORTION OF SUCH PERIOD AND THE LEAVE REPRESENTED BY ANY SUCH REFUND SHALL BE RECREDITED ON AN ADJUSTED BASIS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE CIVIL SERVICE COMMISSION.

B-117272, NOVEMBER 9, 1953, 33 COMP. GEN. 209

LEAVES OF ABSENCE - TRANSFERS - POSITIONS UNDER DIFFERENT LEAVE SYSTEM - ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED UNDER SECTION 205 OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED BY SECTION 4 (B) OF THE ACT OF JULY 2, 1953, THE AMOUNT OF ANNUAL LEAVE PERMITTED TO BE TRANSFERRED BY AN EMPLOYEE WHO TRANSFERS TO A POSITION UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, FROM A POSITION UNDER DIFFERENT LEAVE SYSTEM, MAY EQUAL THE ANNUAL LEAVE WHICH EMPLOYEES IN THE AGENCY TO WHICH SUCH EMPLOYEES TRANSFERRED COULD HAVE ACCUMULATED AND CURRENTLY ACCRUED AT THE DATE OF TRANSFER, SUBJECT TO SUBSEQUENT REDUCTION AS REQUIRED BY LIMITATIONS UPON EMPLOYEES OF THE AGENCY TO WHICH TRANSFERRED. AN EMPLOYEE WHO TRANSFERS TO A POSITION UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, FROM A POSITION UNDER ANOTHER LEAVE SYSTEM, PRIOR TO THE BEGINNING OF THE FIRST COMPLETE BIWEEKLY PAY PERIOD IN 1954 ( JANUARY 3, 1954), MAY TRANSFER A MAXIMUM OF 60 DAYS ANNUAL LEAVE PLUS THE ANNUAL LEAVE WHICH AN EMPLOYEE IN THE AGENCY TO WHICH SUCH EMPLOYEE TRANSFERRED COULD HAVE ACCRUED AS OF THE DATE OF THE TRANSFER, HOWEVER ANY ANNUAL LEAVE IN EXCESS OF 60 DAYS NOT USED BY SUCH EMPLOYEE BY JANUARY 3, 1954, WOULD BE FORFEITED. AN EMPLOYEE WHO TRANSFERS TO A POSITION UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, FROM A POSITION UNDER ANOTHER LEAVE SYSTEM, AFTER THE BEGINNING OF THE FIRST COMPLETE BIWEEKLY PAY PERIOD IN 1954 ( JANUARY 3, 1954), MAY TRANSFER A MAXIMUM OF 30 DAYS ANNUAL LEAVE PLUS THE CURRENT ANNUAL LEAVE WHICH AN EMPLOYEE IN THE AGENCY TO WHICH SUCH EMPLOYEE TRANSFERRED COULD HAVE ACCRUED AS OF THE DATE OF THE TRANSFER. SECTION 4 (A) OF THE ACT OF JULY 2, 1953, AMENDS THE LUMP-SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944, TO PROVIDE THAT AN EMPLOYEE WHO RECEIVES A LUMP-SUM LEAVE PAYMENT UPON SEPARATION FROM THE SERVICE AND WHO IS REEMPLOYED UNDER A DIFFERENT LEAVE SYSTEM PRIOR TO THE EXPIRATION OF THE PERIOD COVERED BY SUCH LEAVE PAYMENT SHALL REFUND THE PAYMENT FOR THE UNEXPIRED PORTION OF SUCH PERIOD AND THE LEAVE REPRESENTED BY ANY SUCH REFUND SHALL BE RECREDITED ON AN ADJUSTED BASIS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE CIVIL SERVICE COMMISSION, SUCH RECREDITED LEAVE BEING SUBJECT TO THE SAME LIMITATIONS AS TRANSFERS OF LEAVE UNDER SECTION 4 (B) OF THE 1953 ACT. THE DISTRICT OF COLUMBIA TEACHERS LEAVE ACT IS ESSENTIALLY A SICK LEAVE ACT, AND THEREFORE UNDER THE LEAVE TRANSFER PROVISIONS OF SECTION 205 OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED BY SECTION 4 (B) OF THE ACT OF JULY 2, 1953, A FEDERAL EMPLOYEE WHO, WITHOUT IN SERVICE, TRANSFERS TO A POSITION UNDER THE DISTRICT OF COLUMBIA TEACHERS LEAVE ACT MAY TRANSFER SICK LEAVE UPON AN ADJUSTED BASIS IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE CIVIL SERVICE COMMISSION, BUT NO ANNUAL LEAVE MAY BE TRANSFERRED. AN EMPLOYEE WHO TRANSFERS WITHOUT A BREAK IN SERVICE FROM A POSITION UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, TO A POSITION WHICH IS NOT UNDER AN ANNUAL LEAVE SYSTEM AND WHICH IS NOT A POSITION EXEMPTED BY SUBSECTIONS (B), (C), OR (H) OF SECTION 202 (B) (1) OF THE 1951 ACT, MAY NOT BE PAID A LUMP-SUM PAYMENT FOR ANNUAL LEAVE; HOWEVER, SUCH LEAVE THAT IS NOT TRANSFERABLE WOULD BE FOR HOLDING IN ABEYANCE IN ACCORDANCE WITH THE REGULATIONS ISSUED BY THE CIVIL SERVICE COMMISSION. AN EMPLOYEE SEPARATED FROM THE SERVICE WHO IS REEMPLOYED, PRIOR TO THE EXPIRATION OF THE PERIOD FOR WHICH LUMP-SUM LEAVE PAYMENT HAS BEEN MADE, IN A POSITION WHICH HAS NO ANNUAL LEAVE SYSTEM CANNOT BE CREDITED WITH ANNUAL LEAVE IN THE NEW POSITION AND IS NOT REQUIRED TO REFUND ANY OF THE LUMP-SUM LEAVE PAYMENT. AN EMPLOYEE SEPARATED FROM THE SERVICE WHO IS REEMPLOYED IN A POSITION UNDER A DIFFERENT LEAVE SYSTEM PRIOR TO THE EXPIRATION OF THE PERIOD FOR WHICH LUMP-SUM LEAVE PAYMENT HAS BEEN MADE AND WHOSE UNEXPIRED PERIOD OF LEAVE COVERS A LARGER AMOUNT OF LEAVE THAN CAN BE TRANSFERRED TO THE DIFFERENT LEAVE SYSTEM IS ONLY REQUIRED TO MAKE A REFUND COVERING THE AMOUNT OF RECREDITABLE ANNUAL LEAVE. THE CIVIL SERVICE COMMISSION MAY PROVIDE BY APPROPRIATE REGULATION A SPECIFIC PERIOD OF TIME WITHIN WHICH A TRANSFER OF SICK LEAVE CAN BE MADE IN THE CASE OF AN EMPLOYEE SEPARATED FROM THE SERVICE WHO IS REEMPLOYED IN A POSITION UNDER A DIFFERENT LEAVE SYSTEM AFTER A BREAK IN SERVICE.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, NOVEMBER 9, 1953:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1953, REQUESTING DECISION UPON A NUMBER OF QUESTIONS, HEREINAFTER SET FORTH, ARISING UNDER SECTIONS 4 (A) AND 4 (B) OF PUBLIC LAW 102, APPROVED JULY 2, 1953, 67 STAT. 136. THE QUESTIONS WILL BE QUOTED AND ANSWERED IN THE ORDER PRESENTED.

QUESTION 1

1. IN DECISION B-116314 OF AUGUST 20, 1953, QUESTION 4 (B), YOU RULED THAT THE AMOUNT OF LEAVE PERMITTED TO BE TRANSFERRED UNDER SECTION 4 (B) OF PUBLIC LAW 102 SHOULD, IN NO EVENT, EXCEED THE AGGREGATE AMOUNT OF LEAVE WHICH THE EMPLOYEES IN THE AGENCY TO WHICH TRANSFERRED ARE PERMITTED TO ACCUMULATE. (A) DOES THIS MEAN THAT THE AMOUNT TRANSFERRED IS LIMITED LITERALLY TO THE FIGURE WHICH IS PRESCRIBED AS THE MAXIMUM ACCUMULATION IN THE SYSTEM TO WHICH TRANSFERRED? FOR EXAMPLE, DOES IT MEAN THAT AN EMPLOYEE TRANSFERRING FROM ANOTHER SYSTEM TO A POSITION UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951 MAY TRANSFER ONLY 30 DAYS OF ANNUAL LEAVE? (B) DOES IT MEAN THAT THE LIMIT IS THE AMOUNT WHICH AN EMPLOYEE IN THE SYSTEM TO WHICH TRANSFERRED COULD HAVE ACCUMULATED AND CURRENTLY ACCRUED ON THE DATE OF THE TRANSFER? (C) IF THE ANSWER TO (B) IS IN THE AFFIRMATIVE, DOES THIS MEAN THAT THE LIMIT DURING THE 1953 LEAVE YEAR IS 60 DAYS PLUS THE AMOUNT WHICH SUCH AN EMPLOYEE COULD HAVE CURRENTLY ACCRUED ON THE DATE OF TRANSFER, SINCE AN EMPLOYEE UNDER THE 1951 SYSTEM COULD HAVE ACCUMULATED 60 DAYS AT THE BEGINNING OF 1953?

SECTION 203 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 680, PROVIDES, AS FOLLOWS:

(C) THE ANNUAL LEAVE PROVIDED FOR IN THIS SECTION, WHICH IS NOT USED BY AN OFFICER OR EMPLOYEE, SHALL ACCUMULATE FOR USE IN SUCCEEDING YEARS UNTIL IT TOTALS NOT TO EXCEED SIXTY DAYS AT THE END OF THE LAST COMPLETE BIWEEKLY PAY PERIOD, OR CORRESPONDING PERIOD IN THE CASE OF AN OFFICER OR EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIOD, OCCURRING IN ANY YEAR. ( ITALICS SUPPLIED.)

THE ABOVE-QUOTED PROVISION WAS AMENDED BY SECTION 3 OF THE ACT OF JULY 2, 1953, PUBLIC LAW 102, 67 STAT. 137, TO READ AS FOLLOWS:

(C) THE ANNUAL LEAVE PROVIDED FOR IN THIS SECTION, WHICH IS NOT USED BY AN OFFICER OR EMPLOYEE, SHALL ACCUMULATE FOR USE IN SUCCEEDING YEARS UNTIL IT TOTAL NOT TO EXCEED THIRTY DAYS AT THE BEGINNING OF THE FIRST COMPLETE BIWEEKLY PAY PERIOD, OR CORRESPONDING PERIOD IN THE CASE OF AN OFFICER OR EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIODS, OCCURRING IN ANY YEAR. ( ITALICS SUPPLIED.)

IN ANSWER TO QUESTION 1, THE AMOUNT OF LEAVE PERMITTED TO BE TRANSFERRED MAY EQUAL THE LEAVE WHICH EMPLOYEES IN THE AGENCY TO WHICH TRANSFERRED COULD HAVE ACCUMULATED AND CURRENTLY ACCRUED AT THE DATE OF TRANSFER; SUBJECT, OF COURSE, TO SUCH SUBSEQUENT REDUCTION AS IS REQUIRED BY LIMITATIONS ATTACHING TO THE EMPLOYEES OF THAT AGENCY. THUS, IN THE EXAMPLE CITED IN YOUR QUESTION, IF THE EMPLOYEE TRANSFERRED PRIOR TO THE BEGINNING OF THE FIRST COMPLETE BIWEEKLY PAY PERIOD IN 1954 ( JANUARY 3, 1954), HE COULD TRANSFER 60 DAYS PLUS THE CURRENT LEAVE WHICH AN EMPLOYEE IN THE AGENCY TO WHICH THE EMPLOYEE TRANSFERRED COULD HAVE ACCRUED AS OF THE DATE OF TRANSFER. ANY LEAVE IN EXCESS OF 60 DAYS NOT USED BY JANUARY 3, 1954, WOULD BE FORFEITED. HOWEVER, IN THE CASE OF A TRANSFER AF JANUARY 3, 1954, THE LIMITATION IN SECTION 3 OF THE ACT OF JULY 2, 1953 PUBLIC LAW 102, QUOTED ABOVE, WOULD BE APPLICABLE AND THE AMOUNT PERMITTED TO BE TRANSFERRED WOULD BE LIMITED TO 30 DAYS PLUS THE CURRENT LEAVE WHICH AN EMPLOYEE IN THE AGENCY TO WHICH TRANSFERRED COULD HAVE ACCRUED AS OF THE DATE OF TRANSFER.

ACCORDINGLY, SUBJECT TO THE FOREGOING QUALIFICATIONS, SUBPART (A) IS ANSWERED IN THE NEGATIVE; SUBPARTS (B) AND (C) IN THE AFFIRMATIVE.

QUESTION 2

2. SECTION 4 (A) OF PUBLIC LAW 102 AMENDS THE LUMP SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944, TO PROVIDE THAT AN EMPLOYEE WHO RECEIVES A LUMP SUM PAYMENT UPON SEPARATION AND WHO IS REEMPLOYED UNDER A DIFFERENT LEAVE SYSTEM SHALL REFUND THE PAYMENT FOR THE UNEXPIRED PORTION, AND THAT THE LEAVE REPRESENTED BY ANY SUCH REFUND SHALL BE RECREDITED TO HIM ON AN ADJUSTED BASIS IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE COMMISSION. WE ASSUME THAT THE "ADJUSTED BASIS" CONTEMPLATES PROVIDING A FORMULA FOR CONVERTING WORK DAYS TO CALENDAR DAYS OR VICE VERSA WHERE NECESSARY, AND HAVE SO PROVIDED IN REGULATIONS ISSUED IN THE FEDERAL REGISTER OF SEPTEMBER 24.

(A) ARE THE REFUND AND CONSEQUENT RECREDIT UNDER SECTION 4 (A) SUBJECT TO THE SAME LIMIT AS TRANSFER OF LEAVE UNDER SECTION 4 (B/? (B) OR IS THE ENTIRE UNEXPIRED PORTION OF LEAVE REQUIRED TO BE REFUNDED FOR AND RECREDITED, REGARDLESS OF ACCUMULATION LIMITS?

(A) THE REFUND AND CONSEQUENT RECREDIT ARE GOVERNED BY THE MAXIMUM ACCUMULATION AND ACCRUAL LIMITATIONS PROVIDED IN THE ANSWER TO QUESTION 1; HENCE, QUESTION 2 (A) IS ANSWERED IN THE AFFIRMATIVE. THIS ANSWER RENDERS UNNECESSARY ANY ANSWER TO THE ALTERNATE SUBPART (B).

QUESTION 3

3. A FURTHER QUESTION ARISES WHEN AN EMPLOYEE TRANSFERS TO OR IS REEMPLOYED IN A POSITION FOR WHICH THERE IS APPARENTLY NO LEAVE SYSTEM TO WHICH ANNUAL LEAVE CAN BE TRANSFERRED. FOR EXAMPLE, IN SEVERAL INSTANCES INDIVIDUALS HAVE RECENTLY LEFT FEDERAL POSITIONS TO ACCEPT POSITIONS AS TEACHERS IN THE DISTRICT OF COLUMBIA PUBLIC SCHOOLS. THE DISTRICT OF COLUMBIA TEACHERS' LEAVE ACT OF 1949, AS AMENDED ( PUBLIC LAW 353, 81ST CONGRESS, 63 STAT. 842, AS AMENDED BY PUBLIC LAW 226, 82D CONGRESS, 65 STAT. 660), PROVIDES FOR "CUMULATIVE LEAVE" OF ONE DAY FOR EACH MONTH FROM SEPTEMBER THROUGH JUNE, WHICH MAY BE USED FOR PERSONAL ILLNESS, PRESENCE OF CONTAGIOUS DISEASE OR DEATH IN THE HOME, OR PRESSING PERSONAL EMERGENCY, AND THREE DAYS OF WHICH IN ANY SCHOOL YEAR MAY BE USED FOR ANY PURPOSE, SUBJECT TO REGULATIONS OF THE BOARD OF EDUCATION. IT APPEARS TO BE COMMONLY ASSUMED THAT THIS IS NOT AN ANNUAL LEAVE SYSTEM TO WHICH ANNUAL LEAVE MAY BE TRANSFERRED. THERE MAY BE OTHER SUCH INSTANCES.

(A) MAY EITHER ANNUAL LEAVE OR SICK LEAVE BE TRANSFERRED TO A POSITION WHICH IS SUBJECT TO THE DISTRICT OF COLUMBIA TEACHER'S LEAVE ACT?

THE DISTRICT OF COLUMBIA TEACHERS LEAVE ACT IS ESSENTIALLY A SICK LEAVE ACT--- SEE SEC. 4 OF THE ACT OF OCTOBER 29, 1951, PUBLIC LAW 226, 65 STAT. 660, AUTHORIZING THE TRANSFER OF SICK LEAVE WHEN A TEACHER TRANSFERS TO POSITIONS UNDER THE SICK LEAVE ACT OF MARCH 14, 1936. FOLLOWING THE ANSWER TO QUESTION 4 (A) IN DECISION OF AUGUST 20, 1953, B-116314, SICK LEAVE (BUT NO ANNUAL LEAVE) MAY BE TRANSFERRED TO A POSITION UNDER THE DISTRICT OF COLUMBIA TEACHERS LEAVE ACT UPON AN ADJUSTED BASIS IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION. QUESTION 3 (A) IS ANSWERED ACCORDINGLY.

(B) IF ANNUAL LEAVE IS NOT TRANSFERABLE IN THIS INSTANCE, OR IN ANY OTHER INSTANCE OF A POSITION WHICH IS NOT UNDER AN ANNUAL LEAVE SYSTEM, SHOULD LUMP SUM PAYMENT BE MADE?

WITH CERTAIN EXCEPTIONS NOT HERE PERTINENT, THE ONLY BASIS FOR A LUMP-SUM PAYMENT FOR ANNUAL LEAVE UNDER THE ACT OF DECEMBER 21, 1944, AS AMENDED BY PUBLIC LAW 102, APPROVED JULY 2, 1953, 67 STAT. 138, IS THE FACT THAT THE EMPLOYEE HAS "SEPARATED FROM THE SERVICE.' SINCE THAT FACTOR IS NOT PRESENT HERE, THIS QUESTION MUST BE ANSWERED IN THE NEGATIVE. OF COURSE, SUCH LEAVE THAT IS NOT TRANSFERABLE WOULD APPEAR TO BE FOR HOLDING IN ABEYANCE IN ACCORDANCE WITH THE REGULATIONS ISSUED BY THE COMMISSION UNDER DATE OF SEPTEMBER 24, 1953.

(C) IF THE EMPLOYEE HAS BEEN SEPARATED FROM THE FORMER POSITION FOR ONE WORK DAY OR MORE, THUS BECOMING ENTITLED TO LUMP SUM PAYMENT, DOES REEMPLOYMENT IN A POSITION WHICH HAS NO ANNUAL LEAVE SYSTEM, WITHIN THE PERIOD COVERED BY THE LUMP SUM PAYMENT, REQUIRE A REFUND AND RECREDIT OF LEAVE IN THE NEW POSITION?

SINCE, UPON REEMPLOYMENT IN THIS INSTANCE, NO LEAVE CAN BE CREDITED TO THE EMPLOYEE IN HIS NEW POSITION THERE APPEARS NO REQUIREMENT FOR REFUND.

(D) IF AN EMPLOYEE WHO HAS RECEIVED A LUMP SUM PAYMENT UPON SEPARATION IS REEMPLOYED, WITHIN THE PERIOD COVERED BY THE PAYMENT, IN A POSITION UNDER A DIFFERENT ANNUAL LEAVE SYSTEM, AND THE UNEXPIRED PERIOD COVERS A LARGER AMOUNT OF LEAVE THAN COULD HAVE BEEN TRANSFERRED TO THE DIFFERENT LEAVE SYSTEM, (A) SHOULD THE ENTIRE UNEXPIRED PORTION BE REFUNDED FOR AND RECREDITED, OR (B) ARE THE REFUND AND RECREDIT LIMITED TO THE AMOUNT WHICH COULD HAVE BEEN DIRECTLY TRANSFERRED?

THE ANSWERS GIVEN IN REPLY TO QUESTION 1 AND 2, ABOVE APPEAR TO GOVERN HERE. THEREFORE, THE REFUND AND RECREDIT IS LIMITED TO THE AMOUNT WHICH COULD HAVE BEEN DIRECTLY TRANSFERRED. THUS, SUBPART (A) IS ANSWERED IN THE NEGATIVE AND SUBPART (B) IN THE AFFIRMATIVE.

QUESTION 4

4. SECTION 4 (B) AUTHORIZES TRANSFER OF BOTH ANNUAL AND SICK LEAVE BETWEEN DIFFERENT LEAVE SYSTEMS, IN ACCORDANCE WITH REGULATIONS TO BE PRESCRIBED BY THE COMMISSION, WHEN AN EMPLOYEE TRANSFERS WITHOUT A BREAK IN SERVICE. SECTION 4 (A), REQUIRING REFUNDS OF LUMP SUM PAYMENTS FOR ANNUAL LEAVE WHEN A FORMER EMPLOYEE IS REEMPLOYED UNDER A DIFFERENT LEAVE SYSTEM AFTER A BREAK IN SERVICE, AND CONSEQUENT RECREDIT OF THE ANNUAL LEAVE, MAKES NO MENTION OF SICK LEAVE. WE HAVE ASSUMED THAT PROVISION FOR TRANSFER OF SICK LEAVE TO A DIFFERENT LEAVE SYSTEM AFTER A BREAK IN SERVICE IS THEREFORE NOT AUTHORIZED. IS THIS ASSUMPTION CORRECT?

SECTION 30.702, SUBPART G, OF THE UNIFORM ANNUAL AND SICK LEAVE REGULATIONS, PROVIDES AS OLLOWS:

SICK LEAVE RECREDIT. UPON REEMPLOYMENT OF AN EMPLOYEE SUBJECT TO THIS ACT WHO WAS SEPARATED ON OR AFTER JANUARY 6, 1952, WITHOUT A BREAK IN SERVICE, OR A BREAK OF NOT MORE THAN 52 CONTINUOUS CALENDAR WEEKS, THE EMPLOYEE'S SICK LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE TO HIS ACCOUNT.

SAID SECTION IS UNDERSTOOD TO APPLY ONLY TO AN EMPLOYEE WHO LEFT A POSITION UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 67 STAT. 136, AND IS REEMPLOYED IN A POSITION THEREUNDER. WHILE, AS POINTED OUT BY YOU, NO MENTION IS MADE OF SICK LEAVE IN SECTION 4 (A) OF THE ACT OF JULY 2, 1953, 67 STAT. 137, SINCE IT APPEARS THAT, SO FAR AS SICK LEAVE IS CONCERNED, THERE IS VERY LITTLE LANGUAGE IN THE ACT WITH RESPECT THERETO EXCEPT THE AUTHORIZATION OF SUCH LEAVE, THE BASIS OF ACCRUAL, AND THE ACCUMULATION THEREOF, AND SINCE THE COMMISSION, UNDER ITS AUTHORITY IN SECTION 206 OF THE 1951 ACT HAS PRESCRIBED THE DISPOSITION OF SICK LEAVE UPON REEMPLOYMENT UNDER THE SAME LEAVE SYSTEM, I.E., SECTION 30.702 ABOVE, NO REASON IS APPARENT WHY THE COMMISSION MAY NOT BY APPROPRIATE REGULATION PROVIDE SOME SPECIFIC PERIOD OF TIME WITHIN WHICH A TRANSFER OF SICK LEAVE COULD BE MADE BEFORE SUCH LEAVE WOULD BE FORFEITED.