B-125537, OCT. 6, 1955

B-125537: Oct 6, 1955

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YOU DO NOT SUBMIT A VOUCHER BEFORE YOU FOR CERTIFICATION AS IS ORDINARILY REQUIRED WITH REQUESTS FOR DECISIONS BY AUTHORIZED CERTIFYING OFFICERS. YOUR LETTER DISCLOSES THAT YOU WILL HAVE A VOUCHER INVOLVING THE QUESTION FOR CERTIFICATION IN THE IMMEDIATE FUTURE DUE TO THE FACT THAT ONE OF THE EMPLOYEES IS RESIGNING EFFECTIVE OCTOBER 7. WHEN SHE WILL HAVE SERVED 95 DAYS AND QUALIFIED FOR ANNUAL LEAVE CREDIT. IN THOSE CIRCUMSTANCES THE REQUIREMENT THAT A VOUCHER ACCOMPANY YOUR SUBMISSION WILL BE WAIVED. IT IS STATED THAT THE TWO EMPLOYEES WERE PLACED ON THE ROLLS ON JULY 5. WAS A HOLIDAY. YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT THE TWO EMPLOYEES WERE NOT ON THE ROLLS AT THE BEGINNING OF THE PAY PERIOD.

B-125537, OCT. 6, 1955

TO MR. DOUGLAS G. WRIGHT, AUTHORIZED CERTIFYING OFFICER, SOUTHWESTERN POWER ADMINISTRATION, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF SEPTEMBER 14, 1955, REQUESTS A DECISION WHETHER TWO EMPLOYEES OF THE ADMINISTRATION EARNED ANNUAL AND SICK LEAVE DURING THE FIRST PAY PERIOD OF THEIR EMPLOYMENT IN THE CIRCUMSTANCES HEREINAFTER RELATED.

YOU DO NOT SUBMIT A VOUCHER BEFORE YOU FOR CERTIFICATION AS IS ORDINARILY REQUIRED WITH REQUESTS FOR DECISIONS BY AUTHORIZED CERTIFYING OFFICERS. HOWEVER, YOUR LETTER DISCLOSES THAT YOU WILL HAVE A VOUCHER INVOLVING THE QUESTION FOR CERTIFICATION IN THE IMMEDIATE FUTURE DUE TO THE FACT THAT ONE OF THE EMPLOYEES IS RESIGNING EFFECTIVE OCTOBER 7, 1955, WHEN SHE WILL HAVE SERVED 95 DAYS AND QUALIFIED FOR ANNUAL LEAVE CREDIT. IN THOSE CIRCUMSTANCES THE REQUIREMENT THAT A VOUCHER ACCOMPANY YOUR SUBMISSION WILL BE WAIVED.

IT IS STATED THAT THE TWO EMPLOYEES WERE PLACED ON THE ROLLS ON JULY 5, 1955, A TUESDAY, THE FIRST REGULARLY SCHEDULED WORKDAY IN THE PAY PERIOD BEGINNING JULY 3, 1955. MONDAY, JULY 4, WAS A HOLIDAY. YOUR DOUBT IN THE MATTER APPEARS TO ARISE FROM THE FACT THAT THE TWO EMPLOYEES WERE NOT ON THE ROLLS AT THE BEGINNING OF THE PAY PERIOD.

SECTION 203 (A) AND SECTION 204 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679 AND 681, PROVIDE THAT ANNUAL AND SICK LEAVE SHALL ACCRUE ON THE BASIS THEREIN SPECIFIED "FOR EACH FULL BIWEEKLY PAY PERIOD.' SECTION 205 (B) OF THAT ACT, 65 STAT. 681, AS AMENDED, PROVIDES:

"/B) AN EMPLOYEE SHALL BE CONSIDERED FOR THE PURPOSES OF THIS TITLE TO HAVE BEEN EMPLOYED FOR A FULL BIWEEKLY PAY PERIOD IF HE SHALL HAVE BEEN EMPLOYED DURING THE DAYS WITHIN SUCH PERIOD, EXCLUSIVE OF HOLIDAYS AND ALL NONWORKDAYS ESTABLISHED BY FEDERAL STATUTE OR BY EXECUTIVE OR ADMINISTRATIVE ORDER, WHICH FALL WITHIN HIS BASIC ADMINISTRATIVE WORKWEEK.'

UNDER THE PROVISIONS OF SECTION 205 (B) THE TWO EMPLOYEES MUST BE CONSIDERED AS HAVING BEEN EMPLOYED FOR A FULL BIWEEKLY PAY PERIOD DURING THE PERIOD JULY 3 TO JULY 16, 1955, AND ACCORDINGLY THEY WILL BE ENTITLED TO CREDIT FOR ANNUAL AND SICK LEAVE FOR THAT PERIOD UPON THE COMPLETION OF NINETY DAYS CONTINUOUS EMPLOYMENT. THE COMMENTS IN 31 COMP. GEN. AT PAGE 223, REFERRED TO BY YOU, ARE TO BE READ IN THE LIGHT OF THE QUESTIONS CONSIDERED IN THAT DECISION.