B-147450, DEC. 1, 1961

B-147450: Dec 1, 1961

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NICHOLS WHO WAS ASSIGNED TO THE MEAT GRADING BRANCH. THE REASON STATED FOR THE RESIGNATION WAS "TO ENTER PRIVATE BUSINESS.'. A FINAL PAYROLL VOUCHER FOR $828.32 WAS PREPARED PAYING MR. THE COMPUTATION OF THE FINAL SALARY PAYMENT WAS AS FOLLOWS: TABLE ANNUAL LEAVE CARRY OVER JANUARY 7. IT WAS LEARNED THAT MR. NICHOLS WAS ASKED. YOU SAY THE PRACTICE AND POLICY OF THE AGRICULTURAL MARKETING SERVICE IS TO ALLOW EMPLOYEES ALL OF THEIR ANNUAL LEAVE UPON SEPARATION. YOU POINT OUT THAT AS A MEAT GRADER THE TRUST FUND FROM WHICH THE EMPLOYEE'S SALARY WAS PAID HAS BEEN REIMBURSED BY THE INDUSTRY ON THE BASIS OF HOURLY RATES AND THAT IN COMPUTING THESE RATES THE COST OF ALL LEAVE IS INCLUDED. THE INTENTION OF THE AGRICULTURAL MARKETING SERVICES TO PERMIT THE PAYMENT IS EVIDENT.

B-147450, DEC. 1, 1961

TO MISS LILLY M. GREATHOUSE:

YOUR LETTER OF OCTOBER 13, 1961, WITH ENCLOSURES, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER THEREWITH TRANSMITTED FOR $240.48, IN FAVOR OF JOHN H. NICHOLS, A FORMER EMPLOYEE OF THE AGRICULTURAL MARKETING SERVICE, COVERING REIMBURSEMENT FOR 72 HOURS OF UNUSED ANNUAL LEAVE.

THE INFORMATION SUBMITTED SHOWS THAT MR. NICHOLS WHO WAS ASSIGNED TO THE MEAT GRADING BRANCH, LIVESTOCK DIVISION, IN CLEVELAND, OHIO, DATED AND SUBMITTED HIS RESIGNATION ON JUNE 20 TO BE EFFECTIVE AT THE CLOSE OF BUSINESS, JUNE 24, 1961. THE REASON STATED FOR THE RESIGNATION WAS "TO ENTER PRIVATE BUSINESS.' ON THE BASIS OF A PROPERLY PREPARED SF-50 FORM, NOTIFICATION OF PERSONNEL ACTION, A FINAL PAYROLL VOUCHER FOR $828.32 WAS PREPARED PAYING MR. NICHOLS A LUMP-SUM PAYMENT FOR 248 HOURS REPRESENTING 240 OF ANNUAL LEAVE PLUS 8 HOURS FOR THE JULY 4TH HOLIDAY. THE COMPUTATION OF THE FINAL SALARY PAYMENT WAS AS FOLLOWS:

TABLE

ANNUAL LEAVE CARRY OVER JANUARY 7, 1961 240 HOURS

ANNUAL LEAVE ACCRUED JAN. 8 TO JUNE 24, 1961 72

312

LUMP-SUM PAYMENT 240

ANNUAL LEAVE USED THROUGH JUNE 24, 1961 0

FORFEITED 72 HOURS

YOU SAY THAT, AFTER PROCESSING THE LUMP-SUM PAYMENT, IT WAS LEARNED THAT MR. NICHOLS, IN DISCUSSING HIS RESIGNATION WITH HIS IMMEDIATE SUPERVISOR, WANTED TO MAKE JUNE 10 HIS LAST DAY OF DUTY AND USE HIS CURRENT LEAVE MAKING THE EFFECTIVE DATE OF RESIGNATION AT CLOSE OF BUSINESS JUNE 24, 1961. HOWEVER, MR. NICHOLS WAS ASKED, BECAUSE OF A SHORTAGE OF MEAT GRADING PERSONNEL, TO WORK THROUGH JUNE 24, 1961, AND HE AGREED TO DO SO. IN MAKING THIS REQUEST, THE SUPERVISOR INFORMED MR. NICHOLS THAT HE WOULD BE PAID FOR THE ANNUAL LEAVE TO HIS CREDIT AS OF THE LAST DAY OF DUTY.

YOU SAY THE PRACTICE AND POLICY OF THE AGRICULTURAL MARKETING SERVICE IS TO ALLOW EMPLOYEES ALL OF THEIR ANNUAL LEAVE UPON SEPARATION. YOU POINT OUT THAT AS A MEAT GRADER THE TRUST FUND FROM WHICH THE EMPLOYEE'S SALARY WAS PAID HAS BEEN REIMBURSED BY THE INDUSTRY ON THE BASIS OF HOURLY RATES AND THAT IN COMPUTING THESE RATES THE COST OF ALL LEAVE IS INCLUDED.

ALTHOUGH THE EMPLOYEE'S OFFER OF RESIGNATION SHOWS AN EFFECTIVE DATE OF JUNE 24--- WHICH ORDINARILY WOULD PRECLUDE TERMINAL LEAVE EXTENDING BEYOND THAT DATE--- IT WOULD BE UNREASONABLE TO CONCLUDE FROM THE ENTIRE RECORD THAT THE EMPLOYEE HAD ANY INTENTION OF FORECLOSING AN ENTITLEMENT TO RECEIVE PAYMENT OF THE CURRENT ANNUAL LEAVE. LIKEWISE, THE INTENTION OF THE AGRICULTURAL MARKETING SERVICES TO PERMIT THE PAYMENT IS EVIDENT. THUS, THE RECORD ADEQUATELY ESTABLISHES THAT IT WAS THE INTENTION OF THE EMPLOYEE AND THE GOVERNMENT THAT HE RECEIVE PAYMENT FOR THE CURRENT ANNUAL LEAVE DUE AT THE TIME OF SEPARATION.

IN THE CIRCUMSTANCES, YOU ARE AUTHORIZED TO CERTIFY THE VOUCHER FOR PAYMENT IF OTHERWISE PROPER.