B-136235, JUN. 26, 1958

B-136235: Jun 26, 1958

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU SAY THAT AN EMPLOYEE WAS APPOINTED ON APRIL 28. WHICH WAS THE END OF THE PAYROLL PERIOD. THE EMPLOYEE WAS NOT CREDITED WITH LEAVE BECAUSE SHE HAD BEEN EMPLOYED FOR ONLY 40 HOURS. ON MAY 14 SHE TOOK FOUR HOURS' SICK LEAVE WHICH WAS CHARGED TO LEAVE WITHOUT PAY BECAUSE SHE HAD NO SICK LEAVE TO HER CREDIT. YOU ASK WHETHER THE CLAIMANT MAY HAVE THIS ABSENCE CHARGED AGAINST THE FOUR HOURS' SICK LEAVE EARNED AND CREDITED ON MAY 17. YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE AND THE VOUCHER. WHICH IS RETURNED. CONCERNING A SECOND QUESTION WHICH YOU ASK BUT WHICH IS NOT INVOLVED IN THE VOUCHER PRESENTED. YOUR ATTENTION IS DIRECTED TO OUR DECISION. WHEREIN WE HELD THERE IS NO AUTHORITY FOR A CERTIFYING OFFICER TO PRESENT OR OBTAIN A DECISION ON A GENERAL QUESTION NOT INVOLVED IN THE PARTICULAR VOUCHER FOR CERTIFICATION.

B-136235, JUN. 26, 1958

TO MISS GERALDINE GOREE, AUTHORIZED CERTIFYING OFFICER, UNITED STATES DEPARTMENT OF THE NTERIOR:

ON MAY 19, 1958, YOU SUBMITTED A VOUCHER IN THE AMOUNT OF $6.99 ASKING WHETHER IT COULD BE CERTIFIED FOR PAYMENT UNDER THE FACTS HEREINAFTER RELATED.

YOU SAY THAT AN EMPLOYEE WAS APPOINTED ON APRIL 28, 1958, AT GRADE GS-4, $3,415 PER ANNUM, WITHOUT PREVIOUS GOVERNMENT SERVICE. FOR THE PERIOD APRIL 28 THROUGH MAY 3, 1958, WHICH WAS THE END OF THE PAYROLL PERIOD, THE EMPLOYEE WAS NOT CREDITED WITH LEAVE BECAUSE SHE HAD BEEN EMPLOYED FOR ONLY 40 HOURS. ON MAY 14 SHE TOOK FOUR HOURS' SICK LEAVE WHICH WAS CHARGED TO LEAVE WITHOUT PAY BECAUSE SHE HAD NO SICK LEAVE TO HER CREDIT.

YOU ASK WHETHER THE CLAIMANT MAY HAVE THIS ABSENCE CHARGED AGAINST THE FOUR HOURS' SICK LEAVE EARNED AND CREDITED ON MAY 17, 1958, AFTER COMPLETING A FULL 80-HOUR BIWEEKLY PAY PERIOD. SECTION 204 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 681, PROVIDES AS FOLLOWS:

"OFFICERS AND EMPLOYEES TO WHOM THIS TITLE APPLIES SHALL BE ENTITLED TO SICK LEAVE WITH PAY, WHICH SHALL ACCRUE ON THE BASIS OF ONE-HALF DAY FOR EACH FULL BIWEEKLY PAY PERIOD.'

SINCE THE LANGUAGE OF THE STATUTE PROVIDES THAT OFFICERS AND EMPLOYEES SHALL BE ENTITLED TO SICK LEAVE WHICH SHALL ACCRUE AT THE RATE OF ONE-HALF DAY FOR EACH FULL BIWEEKLY PAY PERIOD, IT FOLLOWS THAT A FULL BIWEEKLY PAY PERIOD MUST BE COMPLETED BEFORE THE ACCRUAL MAY BE CREDITED AND USED BY THE EMPLOYEE. ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE AND THE VOUCHER, WHICH IS RETURNED, MAY NOT BE CERTIFIED FOR PAYMENT.

CONCERNING A SECOND QUESTION WHICH YOU ASK BUT WHICH IS NOT INVOLVED IN THE VOUCHER PRESENTED, YOUR ATTENTION IS DIRECTED TO OUR DECISION, 26 COMP. GEN. 797, WHEREIN WE HELD THERE IS NO AUTHORITY FOR A CERTIFYING OFFICER TO PRESENT OR OBTAIN A DECISION ON A GENERAL QUESTION NOT INVOLVED IN THE PARTICULAR VOUCHER FOR CERTIFICATION. THEREFORE, YOUR SECOND QUESTION MAY NOT BE ANSWERED.