B-133813, OCT. 22, 1957

B-133813, OCT. 22, 1957

TO MRS. ELIZABETH B. GRESHAM:

YOUR LETTER OF SEPTEMBER 5, 1957, REQUESTS OUR ADVICE CONCERNING THE PROPER METHOD OF ADJUSTING YOUR LEAVE RECORD AS A RESULT OF EXCESS ANNUAL LEAVE HAVING BEEN GRANTED ERRONEOUSLY TO YOU THROUGH AN INCORRECT COMPUTATION OF YOUR YEARS OF FEDERAL SERVICE.

THE INFORMATION FURNISHED IN YOUR LETTER, AND ENCLOSURES, INDICATES THAT YOU WERE EMPLOYED BY THE WORKS PROJECT ADMINISTRATION IN NEW YORK CITY, (PROJECT 6063B) FROM OCTOBER 21, 1935, TO JULY 28, 1939; JANUARY 17, 1940, TO SEPTEMBER 18, 1941, AND JANUARY 9, 1942, TO SEPTEMBER 28, 1942. THE UNITED STATES CIVIL SERVICE COMMISSION HAS ADVISED YOUR ADMINISTRATIVE OFFICE THAT THIS SERVICE IS NOT CREDITABLE FOR RETIREMENT PURPOSES. THE ERROR IN GRANTING THE EXCESS ANNUAL LEAVE TO YOU APPEARS TO HAVE OCCURRED BY INCORRECTLY INCLUDING THIS SERVICE IN THE COMPUTATION OF YOUR YEARS OF FEDERAL SERVICE FOR PURPOSES OF FIXING YOUR ANNUAL LEAVE CATEGORY.

THE ADVICE OF THE CIVIL SERVICE COMMISSION IS IN AGREEMENT WITH NUMEROUS DECISIONS OF OUR OFFICE WHICH HELD THAT WORK-RELIEF PROJECT WORKERS AND CIVILIAN CONSERVATION CORPS ENROLLEES ARE NOT EMPLOYEES OF THE FEDERAL GOVERNMENT. SEE 15 COMP. GEN. 1058; ID. 1129; 16 ID. 181; ID. 394; 17 ID. 179; ID. 276; ID. 351; ID. 359; ID. 904; 19 ID. 383; 20 ID. 443. ALSO, IT MAKES NO DIFFERENCE IN THEIR STATUS IN THIS RESPECT THAT THEY MAY BE ASSIGNED TO "WHITE COLLAR" OR SUPERVISORY WORK AND PAID ON A DIFFERENT SCALE THAN THOSE PERFORMING MECHANICAL OR OTHER WORK. 15 COMP. GEN. 1129.

WE ARE ENCLOSING A COPY OF OUR DECISION B-132829, OCTOBER 2, 1957, 37 COMP. GEN. - , TO THE VETERANS ADMINISTRATOR WHICH SHOWS THE PROPER METHOD OF ADJUSTING AN EMPLOYEE'S LEAVE RECORD IN A CASE SIMILAR TO YOURS. SUGGEST THAT YOU DIRECT THE ATTENTION OF YOUR ADMINISTRATIVE OFFICE TO THIS DECISION SO THAT YOUR LEAVE RECORD MAY BE ADJUSTED CORRECTLY.