B-117685, DECEMBER 3, 1953, 33 COMP. GEN. 241

B-117685: Dec 3, 1953

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AN EMPLOYEE WHOSE APPOINTMENT IS TERMINATED AFTER 89 DAYS SERVICE IS NOT ENTITLED TO CREDIT FOR ANNUAL LEAVE FOR THE PERIOD OF SUCH EMPLOYMENT. 1953: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 6. KREGER COVERING PAYMENT FOR ANNUAL LEAVE WITH RESPECT TO WHICH YOU ARE IN DOUBT BECAUSE MR. KREGER WAS GIVEN AN APPOINTMENT AS LABORER NOT TO EXCEED 90 DAYS UNLESS SOONER TERMINATED. HE WAS TERMINATED AT THE CLOSE OF BUSINESS. IT IS POINTED OUT THAT THE NINETIETH DAY. HAVE ACCRUED TO HIM UNDER SUBSECTION (A) DURING SUCH PERIOD. THE LANGUAGE OF THE FOREGOING SECTION IS VERY DEFINITE AND PERMITS THE CREDITING OF ANNUAL LEAVE "ONLY AFTER HAVING BEEN EMPLOYED FOR A CONTINUOUS PERIOD OF NINETY DAYS.'.

B-117685, DECEMBER 3, 1953, 33 COMP. GEN. 241

LEAVES OF ABSENCE - ANNUAL - NINETY-DAY CONTINUOUS SERVICE REQUIREMENT - NON-WORKDAYS UNDER SECTION 203 (I) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, WHICH PROVIDES THAT AN EMPLOYE SHALL NOT BE ENTITLED TO ANNUAL LEAVE UNTIL THE COMPLETION OF 90 DAYS CONTINUOUS EMPLOYMENT, AN EMPLOYEE WHOSE APPOINTMENT IS TERMINATED AFTER 89 DAYS SERVICE IS NOT ENTITLED TO CREDIT FOR ANNUAL LEAVE FOR THE PERIOD OF SUCH EMPLOYMENT, EVEN THOUGH THE NINETIETH DAY FALLS ON SUNDAY, A NON-WORKDAY.

COMPTROLLER GENERAL WARREN TO W. RULON LEE, DEPARTMENT OF THE INTERIOR, DECEMBER 3, 1953:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 6, 1953, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED PROPOSING PAYMENT OF $37.51 TO MR. LOREN H. KREGER COVERING PAYMENT FOR ANNUAL LEAVE WITH RESPECT TO WHICH YOU ARE IN DOUBT BECAUSE MR. KREGER HAD NOT COMPLETED THE FULL 90 DAYS SERVICE REQUIRED BY SECTION 203 (I) OF THE 1951 ANNUAL AND SICK LEAVE ACT, 65 STAT. 681.

IT APPEARS THAT ON DECEMBER 2, 1952, MR. KREGER WAS GIVEN AN APPOINTMENT AS LABORER NOT TO EXCEED 90 DAYS UNLESS SOONER TERMINATED; THAT ON FEBRUARY 28, 1953, HE WAS TERMINATED AT THE CLOSE OF BUSINESS, HAVING SERVED A TOTAL OF ONLY 89 DAYS UNDER THE APPOINTMENT. IT IS POINTED OUT THAT THE NINETIETH DAY, MARCH 1, 1953, FELL ON SUNDAY, A NON-WORKDAY.

SECTION 203 (I) OF THE 1951 LEAVE ACT PROVIDES:

(I) 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.

THE LANGUAGE OF THE FOREGOING SECTION IS VERY DEFINITE AND PERMITS THE CREDITING OF ANNUAL LEAVE "ONLY AFTER HAVING BEEN EMPLOYED FOR A CONTINUOUS PERIOD OF NINETY DAYS.' THAT LANGUAGE RELATES TO A PERIOD OF EMPLOYMENT AND IT MAY NOT BE INTERPRETED TO COVER ONLY THE ACTUAL WORKDAYS THEREIN. AS MR. KREGER WOULD NOT HAVE BEEN EMPLOYED 90 DAYS UNTIL THE CLOSE OF BUSINESS MARCH 1, 1953, HE IS NOT ENTITLED TO ANY CREDIT FOR ANY ANNUAL LEAVE DURING THE PERIOD OF HIS EMPLOYMENT. CF. 28 COMP. GEN. 108, ID. 457.

THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.