B-134086, OCT. 31, 1957

B-134086: Oct 31, 1957

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"BUT DO NOT BELIEVE WE HAVE AUTHORITY TO PRORATE THE ADDITIONAL TWO WORKING DAYS 6/10/57 AND 6/11/57.'. YOUR LETTER RELATES SPECIFICALLY TO THE QUESTION AS TO WHETHER YOUR AGENCY IS PERMITTED TO PRORATE THE ADDITIONAL 2 DAYS. READS AS FOLLOWS: "WHEN AN EMPLOYEE IS SEPARATED FROM A POSITION UNDER THIS ACT AND REEMPLOYED IN ANOTHER POSITION UNDER THE ACT. YOUR SPECIFIC QUESTION IS SIMILAR TO QUESTION 7/B) CONSIDERED IN 31 COMP. MAY THE SAME PRINCIPLE BE APPLIED WHERE A SEMI-MONTHLY PAY PERIOD IS INVOLVED.'. THAT QUESTION WAS ANSWERED IN THE AFFIRMATIVE. WE ASSUME THE DEPARTMENT OF THE ARMY WILL ALSO CREDIT THE EMPLOYEE ON A PRO RATA BASIS FOR THE INITIAL PAY PERIOD THE EMPLOYEE SERVED WITH THAT AGENCY UPON TRANSFER.

B-134086, OCT. 31, 1957

TO MR. EDMUND MURPHY, AUTHORIZED CERTIFYING OFFICER, VETERANS ADMINISTRATION:

YOUR LETTER OF OCTOBER 9, 1957, FILE 2003-944, REQUESTS OUR DECISION CONCERNING YOUR AUTHORITY TO PRORATE ANNUAL LEAVE INCIDENT TO THE TRANSFER OF AN EMPLOYEE FROM YOUR AGENCY TO THE DEPARTMENT OF THE ARMY. YOU SAY THAT YOUR PAY PERIOD RAN FROM JUNE 2 TO JUNE 15, 1957, WHEREAS, THE PAY PERIOD AT THE DEPARTMENT OF THE ARMY BEGAN ON JUNE 9, 1957. THE EMPLOYEE TRANSFERRED FROM YOUR AGENCY C.O.B. JUNE 11, 1957, AND REPORTED FOR DUTY TO THE DEPARTMENT OF THE ARMY THE FOLLOWING MORNING. YOUR AGENCY BELIEVES IT HAS AUTHORITY UNDER 30COMP. GEN. 215 TO PRORATE LEAVE THROUGH JUNE 8, 1957,"BUT DO NOT BELIEVE WE HAVE AUTHORITY TO PRORATE THE ADDITIONAL TWO WORKING DAYS 6/10/57 AND 6/11/57.' YOUR LETTER RELATES SPECIFICALLY TO THE QUESTION AS TO WHETHER YOUR AGENCY IS PERMITTED TO PRORATE THE ADDITIONAL 2 DAYS, JUNE 10 AND 11.

PAGE L-1-26, SECTION 30.801/A) OF THE FEDERAL PERSONNEL MANUAL, READS AS FOLLOWS:

"WHEN AN EMPLOYEE IS SEPARATED FROM A POSITION UNDER THIS ACT AND REEMPLOYED IN ANOTHER POSITION UNDER THE ACT, WITHOUT A BREAK IN SERVICE, HIS ANNUAL LEAVE ACCOUNT SHALL BE CERTIFIED TO THE EMPLOYING AGENCY FOR CREDIT OR CHARGE.'

YOUR SPECIFIC QUESTION IS SIMILAR TO QUESTION 7/B) CONSIDERED IN 31 COMP. GEN. 215, AS FOLLOWS:

"/A) MAY PROVISION BE MADE BY REGULATION FOR PRORATE ACCRUAL OF LEAVE FOR A PERIOD OF LESS THAN TWO WEEKS IMMEDIATELY FOLLOWING JANUARY 6, 1952, FOR EMPLOYEES WHOSE BI-WEEKLY PAY PERIOD BEGINS JANUARY 13, OR ANOTHER DATE OTHER THAN JANUARY 6?

"/B) MAY SIMILAR PROVISIONS BE MADE FOR PRO-RATA ACCRUAL WHEN AN EMPLOYEE TRANSFERS BETWEEN POSITIONS WITH DIFFERENT BI-WEEKLY PAY PERIOD? MAY THE SAME PRINCIPLE BE APPLIED WHERE A SEMI-MONTHLY PAY PERIOD IS INVOLVED.' THAT QUESTION WAS ANSWERED IN THE AFFIRMATIVE. SUBSEQUENTLY, THE CIVIL SERVICE COMMISSION, BY REGULATION, AUTHORIZED THE PRO RATA CREDIT OF LEAVE FOR FRACTIONAL PAY PERIODS UPON TRANSFERS BETWEEN POSITIONS WITH DIFFERENT PAY PERIODS. SEE L-1-16, SECTION 30.207, FEDERAL PERSONNEL MANUAL.

ACCORDINGLY, WE SEE NO LEGAL OBJECTION TO YOUR AGENCY'S PRORATING THE ANNUAL LEAVE OF THIS EMPLOYEE THROUGH JUNE 11, 1957, THE LAST DAY OF DUTY WITH THE VETERANS ADMINISTRATION, NOTWITHSTANDING THE PAY PERIOD OF THE DEPARTMENT OF THE ARMY BEGAN ON JUNE 9. WE ASSUME THE DEPARTMENT OF THE ARMY WILL ALSO CREDIT THE EMPLOYEE ON A PRO RATA BASIS FOR THE INITIAL PAY PERIOD THE EMPLOYEE SERVED WITH THAT AGENCY UPON TRANSFER.