B-128618, AUG. 1, 1956

B-128618: Aug 1, 1956

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APPEARS THAT THE 4 HOURS' ANNUAL LEAVE IS IN SUBSTITUTION FOR 4 HOURS' LEAVE WITHOUT PAY GRANTED THIS EMPLOYEE APRIL 9. YOUR LETTER STATES THAT THE EMPLOYEE WILL COMPLETE 15 YEARS' SERVICE DURING THE PAY PERIOD DECEMBER 16. WILL BE ENTITLED TO 8 HOURS' ANNUAL LEAVE BEGINNING WITH THE PAY PERIOD DECEMBER 30. SHE WAS CREDITED WITH 164 HOURS AT THE BEGINNING OF THE LEAVE YEAR COMPUTED AT 26 PAY PERIODS AT 6 HOURS PER PERIOD ENDING DECEMBER 29. WHICH GOVERN THE POINT AT WHICH ACCUMULATION OF ANNUAL LEAVE OCCURS AND EXCESS ANNUAL LEAVE IS FORFEITED. WERE AMENDED BY THE ACT OF JULY 2. HOLLEMBEAK WAS ENTITLED TO A TENTATIVE CREDIT FOR 1 1/4 DAYS OR 10 HOURS FOR THE PERIOD DECEMBER 16. AS IT APPEARS FROM YOUR SUBMISSION THAT IT IS THE PRACTICE IN YOUR DEPARTMENT TO PLACE THE ENTIRE YEAR'S ESTIMATED LEAVE ACCUMULATION TO THE CREDIT OF THE EMPLOYEE AT THE BEGINNING OF THE YEAR AND HAD THIS BEEN DONE THE EMPLOYEE WOULD HAVE HAD CREDIT FOR 4 HOURS' ANNUAL LEAVE IN LIEU OF 4 HOURS WITHOUT PAY APRIL 9.

B-128618, AUG. 1, 1956

TO MR. LEROY B. AFDEM, AUTHORIZED CERTIFYING OFFICER, POST OFFICE DEPARTMENT:

YOUR LETTER OF JULY 10, 1956, REQUESTS OUR DECISION WHETHER THE PAYROLL THEREWITH ENCLOSED MAY BE CERTIFIED FOR PAYMENT TO COVER 4 HOURS' ANNUAL LEAVE TO MRS. MERTIS B. HOLLEMBEAK, AN EMPLOYEE OF YOUR DEPARTMENT. APPEARS THAT THE 4 HOURS' ANNUAL LEAVE IS IN SUBSTITUTION FOR 4 HOURS' LEAVE WITHOUT PAY GRANTED THIS EMPLOYEE APRIL 9, 1956.

YOUR LETTER STATES THAT THE EMPLOYEE WILL COMPLETE 15 YEARS' SERVICE DURING THE PAY PERIOD DECEMBER 16, TO DECEMBER 29, 1956, AND WILL BE ENTITLED TO 8 HOURS' ANNUAL LEAVE BEGINNING WITH THE PAY PERIOD DECEMBER 30, 1956, TO JANUARY 12, 1957. SHE WAS CREDITED WITH 164 HOURS AT THE BEGINNING OF THE LEAVE YEAR COMPUTED AT 26 PAY PERIODS AT 6 HOURS PER PERIOD ENDING DECEMBER 29, 1956, AND ONE PAY PERIOD AT 8 HOURS PER PERIOD FOR THE PERIOD DECEMBER 30, 1956, TO JANUARY 12, 1957.

IN 33 COMP. GEN. 85, REFERRED TO BY YOU, WE HELD, QUOTING FROM THE SYLLABUS---

"WHILE SECTIONS 203 (C), 203 (D), AND 208 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, WHICH GOVERN THE POINT AT WHICH ACCUMULATION OF ANNUAL LEAVE OCCURS AND EXCESS ANNUAL LEAVE IS FORFEITED, WERE AMENDED BY THE ACT OF JULY 2, 1953, TO ESTABLISH THAT POINT AS THE BEGINNING OF THE FIRST COMPLETE PAY PERIOD IN ANY YEAR INSTEAD OF THE END OF THE LAST COMPLETE PAY PERIOD IN ANY YEAR, SECTION 203 (A) (2) OF THE 1951 ACT WHICH PRESCRIBES IN ADDITIONAL LEAVE ACCRUAL TO CERTAIN EMPLOYEES FOR THE LAST FULL PAY PERIOD IN THE YEAR HAS NOT BEEN AMENDED, AND THEREFORE SUCH EMPLOYEES MAY CONTINUE TO BE GIVEN THIS ADDITIONAL LEAVE ACCRUAL FOR THE LAST FULL PAY PERIOD IN THE CALENDAR YEAR.'

YOU EXPRESS SOME DOUBT WHETHER THAT DECISION, OR WHETHER OUR ANSWER TO QUESTION ONE IN 31 COMP. GEN. 581, SHOULD APPLY TO THE CASE PRESENTED.

QUESTION AND ANSWER ONE IN THE LATTER DECISION HAS REFERENCE TO THE COMPUTATION OF THE MAXIMUM ACCUMULATION OF ANNUAL LEAVE WHICH MAY BE CARRIED OVER TO THE SUCCEEDING LEAVE YEAR PURSUANT TO SECTION 203 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, AND AS INDICATED IN THE ABOVE QUOTED SYNOPSIS THAT SECTION DOES NOT CHANGE THAT PROVISION IN SECTION 203 (A) (2) REGARDING THE CREDITING OF 1 1/4 DAYS' ACCRUAL "FOR THE LAST FULL BIWEEKLY PAY PERIOD IN THE YEAR.' ACCORDINGLY, MRS. HOLLEMBEAK WAS ENTITLED TO A TENTATIVE CREDIT FOR 1 1/4 DAYS OR 10 HOURS FOR THE PERIOD DECEMBER 16, 1956, TO DECEMBER 29, 1956, THE CREDIT TO BECOME FINAL WHEN SHE HAS HAD THE NECESSARY SERVICE TO EARN SUCH ACCRUALS.

AS IT APPEARS FROM YOUR SUBMISSION THAT IT IS THE PRACTICE IN YOUR DEPARTMENT TO PLACE THE ENTIRE YEAR'S ESTIMATED LEAVE ACCUMULATION TO THE CREDIT OF THE EMPLOYEE AT THE BEGINNING OF THE YEAR AND HAD THIS BEEN DONE THE EMPLOYEE WOULD HAVE HAD CREDIT FOR 4 HOURS' ANNUAL LEAVE IN LIEU OF 4 HOURS WITHOUT PAY APRIL 9, 1956, THE PAYROLL MAY BE CERTIFIED FOR PAYMENT. HOWEVER, THE EMPLOYEE SHOULD BE WARNED THAT SHOULD SHE FAIL TO EARN SUCH LEAVE CREDITS BY THE END OF THE YEAR SOME REFUND MAY BE NECESSARY. THE PAYROLL VOUCHER IS RETURNED HEREWITH.