B-148557, APR. 16, 1962

B-148557: Apr 16, 1962

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THE ANNUAL LEAVE FOR WHICH PAYMENT IS NOW PROPOSED IS STATED TO REPRESENT ANNUAL LEAVE STANDING TO MR. SEELEY UPON HIS TRANSFER WITHOUT A BREAK IN SERVICE TO THE WAR DEPARTMENT WAS 94 HOURS. INFORMED HIM THAT THIS WAS A MATTER FOR DETERMINATION BY THE ADMINISTRATIVE OFFICER INVOLVED AND SUGGESTED THAT HE REQUEST THE FEDERAL WORKS AGENCY TO FURNISH THE WAR DEPARTMENT WITH A CERTIFIED REPORT OF THE ACCRUED ANNUAL LEAVE TO HIS CREDIT AS OF MARCH 31. THE RECORD FAILS TO SHOW WHETHER THIS LEAVE WAS CREDITED TO MR. THE ONLY WAY AN EMPLOYEE COULD BE COMPENSATED FOR ACCRUED LEAVE UPON SEPARATION OF TRANSFER WAS TO BE RETAINED ON THE PAYROLL IN A TERMINAL LEAVE STATUS UNTIL HE HAD RECEIVED SALARY COVERED BY THE PERIOD OF SUCH LEAVE.

B-148557, APR. 16, 1962

TO AUTHORIZED CERTIFYING OFFICER, BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR:

YOUR LETTER OF MARCH 30, 1962, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE TRANSMITTED VOUCHER IN FAVOR OF MR. EDGAR T. SEELEY, A FORMER EMPLOYEE OF THE BUREAU OF RECLAMATION, COVERING LUMP-SUM PAYMENT FOR ACCRUED ANNUAL LEAVE.

THE ANNUAL LEAVE FOR WHICH PAYMENT IS NOW PROPOSED IS STATED TO REPRESENT ANNUAL LEAVE STANDING TO MR. SEELEY'S CREDIT ON APRIL 1, 1943, THE DATE HE TRANSFERRED FROM THE FEDERAL WORKS AGENCY, NEBRASKA WORK PROJECTS ADMINISTRATION TO THE WAR DEPARTMENT, NOW THE DEPARTMENT OF THE ARMY.

THE UNUSED ANNUAL LEAVE ACCRUAL DUE MR. SEELEY UPON HIS TRANSFER WITHOUT A BREAK IN SERVICE TO THE WAR DEPARTMENT WAS 94 HOURS.

MR. SEELEY'S LETTER OF OCTOBER 20, 1947, TO OUR OFFICE TO WHICH YOU REFER REQUESTED THAT WE FURNISH A STATEMENT TO EITHER HIMSELF OR THE WAR DEPARTMENT THAT THE BALANCE OF ANNUAL LEAVE TO HIS CREDIT AS OF APRIL 1, 1947, HAD NOT BEEN PAID TO HIM AND SHOULD BE CREDITED TO HIS LEAVE ACCOUNT BY THE CIVILIAN PERSONNEL OFFICER, HEADQUARTERS FIFTEENTH AIR FORCES, COLORADO SPRINGS, COLORADO. WE REPLIED TO THAT LETTER UNDER DATE OF MARCH 9, 1948, AND INFORMED HIM THAT THIS WAS A MATTER FOR DETERMINATION BY THE ADMINISTRATIVE OFFICER INVOLVED AND SUGGESTED THAT HE REQUEST THE FEDERAL WORKS AGENCY TO FURNISH THE WAR DEPARTMENT WITH A CERTIFIED REPORT OF THE ACCRUED ANNUAL LEAVE TO HIS CREDIT AS OF MARCH 31, 1943. THE RECORD FAILS TO SHOW WHETHER THIS LEAVE WAS CREDITED TO MR. SEELEY'S ACCOUNT BY THE WAR DEPARTMENT.

YOU NOW PROPOSE A LUMP-SUM PAYMENT TO MR. SEELEY OF 94 HOURS ACCRUED ANNUAL LEAVE TO HIS CREDIT UPON TRANSFER.

PRIOR TO THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AS AMENDED, THE ONLY WAY AN EMPLOYEE COULD BE COMPENSATED FOR ACCRUED LEAVE UPON SEPARATION OF TRANSFER WAS TO BE RETAINED ON THE PAYROLL IN A TERMINAL LEAVE STATUS UNTIL HE HAD RECEIVED SALARY COVERED BY THE PERIOD OF SUCH LEAVE. HOWEVER, AS LONG AS HE WAS BEING CARRIED IN SUCH LEAVE STATUS HE COULD NOT BE EMPLOYED BY ANOTHER AGENCY BECAUSE OF THE DUAL COMPENSATION AND DUAL EMPLOYMENT STATUTES. UNDER LEAVE REGULATIONS ISSUED PURSUANT TO THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161, 1162, ANNUAL AND SICK LEAVE COULD BE TRANSFERRED WHEN AN EMPLOYEE WAS TRANSFERRED OR REAPPOINTED WITHOUT A BREAK IN SERVICE FROM ONE PERMANENT POSITION TO ANOTHER PERMANENT POSITION. ON THE BASIS OF THE RECORD BEFORE US THE ANNUAL LEAVE IN QUESTION SHOULD HAVE BEEN CREDITED TO MR. SEELEY'S ACCOUNT IN THE WAR DEPARTMENT PROVIDED THAT AGENCY HAD SUFFICIENT EVIDENCE TO SHOW THAT THERE ACTUALLY WAS AN ANNUAL LEAVE BALANCE OF 94 HOURS ON APRIL 1, 1943.

EVEN IF THE 94 HOURS OF ANNUAL LEAVE BE CREDITED TO MR. SEELEY'S ACCOUNT IN THE DEPARTMENT OF THE ARMY (WAR DEPARTMENT) THE ONLY WAY HE COULD NOW RECEIVE PAYMENT FOR SAME WOULD BE BY RECONSTRUCTING HIS LEAVE RECORD FROM APRIL 1943 UP TO DATE OF RETIREMENT. IT IS POSSIBLE THAT SUCH A RECONSTRUCTION WOULD RESULT IN FORFEITURE OF THE 94 HOURS BECAUSE OF THE APPLICATION OF LIMITATIONS ON THE AMOUNT OF ANNUAL LEAVE WHICH COULD BE CARRIED OVER FROM YEAR TO YEAR.

THEREFORE, ON THE PRESENT RECORD, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT; AND IT IS RETURNED TOGETHER WITH RELATED PAPERS.