B-130499, FEBRUARY 15, 1957, 36 COMP. GEN. 596
Highlights
CIVILIAN EMPLOYEES - LEAVES OF ABSENCE - ANNUAL - MAXIMUM ACCRUAL - FAILURE OF AGENCY TO GIVE EMPLOYEE PROPER CREDIT THE THIRTY DAYS MAXIMUM ANNUAL LEAVE ACCUMULATION LIMITATION FOR EMPLOYEES WHO DID NOT HAVE THIRTY DAYS ANNUAL LEAVE ACCUMULATED BY THE END OF 1952 PRECLUDES THE PAYMENT FOR ANNUAL LEAVE OR THE RECREDITING OF LEAVE WHICH WAS FORFEITED BY OPERATION OF LAW. NOTWITHSTANDING THE FORFEITURE RESULTED FROM AN ADMINISTRATIVE ERROR IN CREDITING AN EMPLOYEE WITH 20 DAYS INSTEAD OF 26 DAYS OF ANNUAL LEAVE TO WHICH HE WAS ENTITLED. WAS CREDITED WITH TWENTY DAYS ANNUAL LEAVE PER YEAR INSTEAD OF THE TWENTY-SIX DAYS TO WHICH HE WAS ENTITLED. WHICH IS NOT USED BY AN OFFICER OR EMPLOYEE. OR CORRESPONDING PERIOD IN THE CASE OF AN OFFICER OR EMPLOYEE WHO IS NOT PAID ON THE BASIS OF BIWEEKLY PAY PERIOD.
B-130499, FEBRUARY 15, 1957, 36 COMP. GEN. 596
CIVILIAN EMPLOYEES - LEAVES OF ABSENCE - ANNUAL - MAXIMUM ACCRUAL - FAILURE OF AGENCY TO GIVE EMPLOYEE PROPER CREDIT THE THIRTY DAYS MAXIMUM ANNUAL LEAVE ACCUMULATION LIMITATION FOR EMPLOYEES WHO DID NOT HAVE THIRTY DAYS ANNUAL LEAVE ACCUMULATED BY THE END OF 1952 PRECLUDES THE PAYMENT FOR ANNUAL LEAVE OR THE RECREDITING OF LEAVE WHICH WAS FORFEITED BY OPERATION OF LAW, NOTWITHSTANDING THE FORFEITURE RESULTED FROM AN ADMINISTRATIVE ERROR IN CREDITING AN EMPLOYEE WITH 20 DAYS INSTEAD OF 26 DAYS OF ANNUAL LEAVE TO WHICH HE WAS ENTITLED.
TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, FEBRUARY 15, 1957:
YOUR LETTER OF JANUARY 28, 1957, REQUESTS OUR DECISION WHETHER, UNDER THE FACTS AND CIRCUMSTANCES RELATED BELOW, ADMINISTRATIVE ACTION MAY BE TAKEN TO CREDIT LEAVE TO AN EMPLOYEE IN EXCESS OF THE THIRTY DAY LIMITATION FIXED BY THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED 5 U.S.C. 2062 (C).
THE CASE CONCERNS AN EMPLOYEE OF THE U.S. NAVAL TORPEDO STATION, KEYPORT, WASHINGTON, WHO, THROUGH ADMINISTRATIVE ERROR, WAS CREDITED WITH TWENTY DAYS ANNUAL LEAVE PER YEAR INSTEAD OF THE TWENTY-SIX DAYS TO WHICH HE WAS ENTITLED. A COPY OF A LETTER FROM THE COMMANDING OFFICER OF THE NAVAL STATION SHOWS THE LEAVE COMPUTATION--- THE CORRECTNESS OF WHICH HAS NOT BEEN VERIFIED BY US--- AS FOLLOWS:
BEFORE RECOMPUTATION AFTER RECOMPUTATION EXCESS OVER 240
HOURS
1952--- 149 HOURS 195 HOURS
1953--- 182 HOURS 279 HOURS 39 HOURS
1954--- 225 HOURS 330 HOURS 90 HOURS
129 HOURS
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.
THE ABOVE-QUOTED PROVISION WAS AMENDED BY SECTION 3 OF THE ACT OF JULY 2, 1953, 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 TOTALS 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.
THE 1953 ACT ESTABLISHED THIRTY DAYS AS THE MAXIMUM ANNUAL LEAVE ACCUMULATION FOR USE IN SUCCEEDING YEARS FOR THOSE EMPLOYEES WHO HAD NOT ACCUMULATED THIRTY DAYS ANNUAL LEAVE BY THE END OF THE YEAR 1952. THEREFORE, ASSUMING THE LEAVE COMPUTATION OF 195 HOURS SHOWN FOR THE YEAR 1952 IS CORRECT, THE EMPLOYEE'S MAXIMUM ANNUAL LEAVE ACCUMULATION IS LIMITED TO THIRTY DAYS (240 HOURS) AS FIXED BY THE 1953 ACT. IN VIEW OF THAT LIMITATION, THERE IS NO LEGAL BASIS TO MAKE PAYMENT FOR THE LEAVE WHICH WAS FORFEITED BY OPERATION OF LAW--- NOTWITHSTANDING THE FORFEITURE RESULTED FROM AN ADMINISTRATIVE ERROR--- OR FOR THE ADMINISTRATIVE OFFICE NOW TO GRANT SUCH LEAVE OR TO CREDIT HIS LEAVE ACCOUNT WITH THE EXCESS LEAVE.