B-149961, NOV. 28, 1962

B-149961: Nov 28, 1962

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WHICH WAS THE SUBJECT OF OUR OFFICE LETTER OF OCTOBER 3. NICHOLLS WAS DENIED MILITARY LEAVE FOR HIS ABSENCE IN JUNE 1962. HE WAS ALLOWED 32 HOURS OF MILITARY LEAVE DURING THE PART OF HIS ABSENCE WHICH OCCURRED IN JULY. NICHOLLS WAS GRANTED 80 HOURS OF MILITARY LEAVE FOR HIS ABSENCE BETWEEN SEPTEMBER 2 AND 16. WE UNDERSTAND HE WAS PAID AT THE SUBSTITUTE RATE OF $2.16 FOR THE MILITARY LEAVE. NICHOLLS WAS ENTITLED TO ONLY 63 HOURS OF MILITARY LEAVE. SINCE MILITARY LEAVE IS GRANTED ON A DAILY BASIS HE WAS NOT ENTITLED TO 15 DAYS MILITARY LEAVE ON THE BASIS OF THE REGULAR POSITION HE HAD HELD THE DAY PRIOR TO HIS FIRST DAY OF MILITARY DUTY. 41 COMP. BE LIMITED TO PAYMENT FOR THE NUMBER OF HOURS OF MILITARY LEAVE TO WHICH HE WAS ENTITLED AS A SUBSTITUTE EMPLOYEE.

B-149961, NOV. 28, 1962

TO THE POSTMASTER GENERAL:

WE REFER TO THE CLAIM OF MR. BERTRAM G. NICHOLLS, 638 BEECH STREET, ROSLINDALE 31, MASSACHUSETTS, A SUBSTITUTE POSTAL FIELD SERVICE EMPLOYEE, FOR ADDITIONAL COMPENSATION DURING HIS ABSENCE ON MILITARY DUTY FROM JUNE 23 THROUGH JULY 7, 1962, WHICH WAS THE SUBJECT OF OUR OFFICE LETTER OF OCTOBER 3, 1962, B-149961, TO THE DIRECTOR, ACCOUNTING DIVISION, BUREAU OF FINANCE, POST OFFICE DEPARTMENT, AND HIS REPLY, DATED OCTOBER 19, 1962, REFERENCE AIR:LPA:LAL.

MR. NICHOLLS WAS DENIED MILITARY LEAVE FOR HIS ABSENCE IN JUNE 1962, BECAUSE HE HAD ALREADY BEEN GRANTED MILITARY LEAVE IN FISCAL YEAR 1962, BUT HE WAS ALLOWED 32 HOURS OF MILITARY LEAVE DURING THE PART OF HIS ABSENCE WHICH OCCURRED IN JULY.

IN HIS REPORT THE DIRECTOR, BUREAU OF FINANCE, SAYS THAT MR. NICHOLLS WAS GRANTED 80 HOURS OF MILITARY LEAVE FOR HIS ABSENCE BETWEEN SEPTEMBER 2 AND 16, 1961, BASED ON HIS REGULAR SERVICE, BUT THAT HE BECAME A SUBSTITUTE EMPLOYEE ON SEPTEMBER 2, 1961, HAVING BEEN PROMOTED FROM A REGULAR PFS-3 POSITION TO A SUBSTITUTE PFS-4 POSITION. WE UNDERSTAND HE WAS PAID AT THE SUBSTITUTE RATE OF $2.16 FOR THE MILITARY LEAVE. AS A SUBSTITUTE EMPLOYEE MR. NICHOLLS WAS ENTITLED TO ONLY 63 HOURS OF MILITARY LEAVE. SINCE MILITARY LEAVE IS GRANTED ON A DAILY BASIS HE WAS NOT ENTITLED TO 15 DAYS MILITARY LEAVE ON THE BASIS OF THE REGULAR POSITION HE HAD HELD THE DAY PRIOR TO HIS FIRST DAY OF MILITARY DUTY. 41 COMP. GEN. 321, 327. MUST, THEREFORE, BE LIMITED TO PAYMENT FOR THE NUMBER OF HOURS OF MILITARY LEAVE TO WHICH HE WAS ENTITLED AS A SUBSTITUTE EMPLOYEE. SINCE MR. NICHOLLS WAS IN A PAY STATUS FOR 1,653 HOURS DURING FISCAL YEAR 1961, HE SHOULD HAVE BEEN PAID FOR 63 HOURS OF MILITARY LEAVE DURING HIS ABSENCE IN SEPTEMBER 1961, RATHER THAN 80 HOURS.

MR. NICHOLLS WAS PROPERLY DENIED MILITARY LEAVE DURING JUNE 1962 UNDER OUR DECISION OF MAY 23, 1962, B-148839, 41 COMP. GEN. - . HE WAS, HOWEVER, ENTITLED TO MILITARY LEAVE AFTER JULY 1, 1962, ON THE BASIS OF HIS HOURS IN PAY STATUS DURING THE PERIOD JULY THROUGH DECEMBER 1961, AS SET OUT IN THAT DECISION. YOUR DEPARTMENT HAS REPORTED TO US THAT MR. NICHOLLS WAS IN A PAY STATUS FOR 1,124 HOURS DURING THE PERIOD JULY THROUGH DECEMBER 1961. WE AGREE THAT MR. NICHOLLS SHOULD NOT HAVE BEEN LIMITED TO MILITARY LEAVE PAYMENTS FOR 8 HOURS ON EACH REGULAR WORK-DAY WHICH OCCURRED DURING HIS ABSENCE FROM JULY 1-7 (32 HOURS), BUT THAT IN ACCORDANCE WITH YOUR USUAL PRACTICE, HE SHOULD HAVE BEEN ALLOWED 8 HOURS OF MILITARY LEAVE FOR EACH CALENDAR DAY HE WAS ABSENT UNDER MILITARY ORDERS NOT TO EXCEED THE NUMBER OF HOURS OF MILITARY LEAVE TO WHICH HE WAS ENTITLED. THEREFORE, UNLESS THE HOURS IN A PAY STATUS IS REDUCED BECAUSE OF THE 17 HOURS OF MILITARY LEAVE LIMITATION IN SEPTEMBER 1961, ABOVE, MR. NICHOLLS IS ENTITLED TO BE PAID THE ADDITIONAL 11 HOURS MILITARY LEAVE INCIDENT TO HIS MILITARY DUTY IN JULY 1962, RESULTING FROM PAYMENT BEING ALLOWED FOR SUBSTITUTES ON A CALENDAR DAY BASIS.

APPROPRIATE ADJUSTMENTS SHOULD BE MADE ADMINISTRATIVELY IN ACCORDANCE WITH THE FOREGOING.