B-143140, JUN. 27, 1960

B-143140: Jun 27, 1960

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WAS FIXED AS THE DATE OF TERMINATION. WILLIS WAS SEPARATED FROM THE SERVICE AT THE CLOSE OF BUSINESS FRIDAY. WAS IN ACCORD WITH HER APPOINTMENT. IT WAS LEGAL AND PROPER. SHE IS NOT ENTITLED TO ANY COMPENSATION UNDER THAT APPOINTMENT AFTER THAT DATE. WILLIS' TEMPORARY APPOINTMENT IN THE INTERNAL REVENUE SERVICE WAS EFFECTIVE FEBRUARY 23. THERE IS THEREFORE NO AUTHORITY IN LAW TO PAY HER ANY COMPENSATION UNDER THAT APPOINTMENT PRIOR TO THAT DATE. NO ADDITIONAL COMPENSATION IS DUE MRS. THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT LEGALLY BE CERTIFIED. WOULD HAVE ACCRUED TO HIM UNDER SUBSECTION (2) OF THIS SECTION DURING SUCH PERIOD.'. THE LANGUAGE OF THE STATUTE IS DEFINITE AND PERMITS THE CREDITING OF ANNUAL LEAVE "ONLY AFTER HAVING BEEN EMPLOYED CURRENTLY FOR A CONTINUOUS PERIOD OF NINETY DAYS.'.

B-143140, JUN. 27, 1960

TO MRS. B. C. SCARIOT, INTERNAL REVENUE SERVICE:

ON JUNE 8, 1960, THE ADMINISTRATIVE ASSISTANT SECRETARY, TREASURY DEPARTMENT, FORWARDED TO US YOUR LETTER OF MAY 20, 1960, REFERENCE C:F, TOGETHER WITH ENCLOSURES, CONCERNING THE CASE OF MRS. YVONNE F. WILLIS (FORMERLY MORROW).

THE RECORD PRESENTED SHOWS THAT MRS. WILLIS' TEMPORARY APPOINTMENT IN THE INTERSTATE COMMERCE COMMISSION, EFFECTIVE NOVEMBER 23, 1959, FIXED FEBRUARY 19, 1960, AS THE DATE OF TERMINATION. EFFECTIVE FEBRUARY 23, 1960, MRS. WILLIS RECEIVED A TEMPORARY APPOINTMENT IN THE INTERNAL REVENUE SERVICE IN WHICH JUNE 30, 1960, WAS FIXED AS THE DATE OF TERMINATION. YOU REQUEST AN ADVANCE DECISION CONCERNING MRS. WILLIS' ENTITLEMENT (1) TO ONE DAY'S COMPENSATION, FEBRUARY 22, 1960, AND (2) TO AN ACCRUAL OF LEAVE CREDIT AT THE DATE OF ENTRANCE ON DUTY WITH THE INTERNAL REVENUE SERVICE.

SINCE THE ADMINISTRATIVE ACTION WHEREBY MRS. WILLIS WAS SEPARATED FROM THE SERVICE AT THE CLOSE OF BUSINESS FRIDAY, FEBRUARY 19, 1960, WAS IN ACCORD WITH HER APPOINTMENT, IT WAS LEGAL AND PROPER, AND SHE IS NOT ENTITLED TO ANY COMPENSATION UNDER THAT APPOINTMENT AFTER THAT DATE. MRS. WILLIS' TEMPORARY APPOINTMENT IN THE INTERNAL REVENUE SERVICE WAS EFFECTIVE FEBRUARY 23, 1960. THERE IS THEREFORE NO AUTHORITY IN LAW TO PAY HER ANY COMPENSATION UNDER THAT APPOINTMENT PRIOR TO THAT DATE. CONSEQUENTLY, NO ADDITIONAL COMPENSATION IS DUE MRS. WILLIS UNDER EITHER APPOINTMENT. THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT LEGALLY BE CERTIFIED.

SECTION 203 (I) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, 5 U.S.C. 2062 (I), PROVIDES AS FOLLOWS:

"NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION, AN OFFICER OR EMPLOYEE SHALL BE ENTITLED TO ANNUAL LEAVE UNDER THIS CHAPTER ONLY AFTER HAVING BEEN EMPLOYED CURRENTLY FOR A CONTINUOUS PERIOD OF NINETY DAYS UNDER ONE OR MORE APPOINTMENTS WITHOUT BREAK IN SERVICE. ANY CASE IN WHICH AN OFFICER OR EMPLOYEE COMPLETES A PERIOD OF CONTINUOUS EMPLOYMENT OF NINETY DAYS THERE SHALL BE CREDITED TO HIM AN AMOUNT OF ANNUAL LEAVE EQUAL TO THE AMOUNT WHICH, BUT FOR THIS SUBSECTION, WOULD HAVE ACCRUED TO HIM UNDER SUBSECTION (2) OF THIS SECTION DURING SUCH PERIOD.'

THE LANGUAGE OF THE STATUTE IS DEFINITE AND PERMITS THE CREDITING OF ANNUAL LEAVE "ONLY AFTER HAVING BEEN EMPLOYED CURRENTLY FOR A CONTINUOUS PERIOD OF NINETY DAYS.' MRS. WILLIS WOULD NOT HAVE BEEN EMPLOYED 90 DAYS UNTIL THE CLOSE OF BUSINESS FEBRUARY 20, 1960. SINCE SHE WAS SEPARATED FROM THE SERVICE ON FEBRUARY 19, 1960, SHE IS NOT ENTITLED TO ANY CREDIT AT INTERNAL REVENUE SERVICE FOR ANNUAL LEAVE ACCRUAL FOR THE PERIOD OF HER EMPLOYMENT IN THE INTERSTATE COMMERCE COMMISSION. 33 COMP. GEN. 241.