B-150497, FEB. 1, 1963

B-150497: Feb 1, 1963

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IS NOT ENTIRELY CARRIED OUT BY THE PRESENT LANGUAGE OF SECTION 30.203. QUOTING FROM THE SYLLABUS: "AN EMPLOYEE WHO IS IN A NONPAY STATUS FOR A PART OF A BIWEEKLY PAY PERIOD AND WHO DOES NOT RETURN TO DUTY FOR ANY REASON IS NOT ENTITLED. WE UNDERSTAND FROM YOUR LETTER THAT THE INTENTION IS. THE EFFECT OF SUBSECTION 30.204 (A) GENERALLY IS THAT AN EMPLOYEE'S ABSENCE IN NONPAY STATUS COMPLETELY COVERING A SINGLE PAY PERIOD WOULD RESULT IN AN OFF-SET OF THE CREDIT BY THE DEDUCTION APPLICABLE TO THAT PAY PERIOD. WE LEARNED THAT THE PROPOSED REVISION ALSO CONCERNS THE POLICY OF SOME OF THOSE AGENCIES WHICH DO NOT CREDIT LEAVE ACCRUALS UNTIL THE EXPIRATION OF EACH PAY PERIOD AND WHICH OCCASIONALLY HAVE MADE A DOUBLE DEDUCTION.

B-150497, FEB. 1, 1963

TO CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF DECEMBER 14, 1962, REQUESTS OUR VIEWS CONCERNING A PROPOSED REVISION OF SECTION 30.203 OF THE LEAVE REGULATIONS SO AS TO REFLECT THE ORIGINAL INTENTION, WHICH, YOU SAY, IS NOT ENTIRELY CARRIED OUT BY THE PRESENT LANGUAGE OF SECTION 30.203. THAT SECTION NOW PROVIDES "LEAVE SHALL ACCRUE TO AN EMPLOYEE WHILE IN A PAY STATUS.'

YOU REFER TO OUR DECISION IN 32 COMP. GEN. 526, WHICH HELD AS FOLLOWS, QUOTING FROM THE SYLLABUS:

"AN EMPLOYEE WHO IS IN A NONPAY STATUS FOR A PART OF A BIWEEKLY PAY PERIOD AND WHO DOES NOT RETURN TO DUTY FOR ANY REASON IS NOT ENTITLED, UNDER THE LEAVE CREDITING PROVISION OF SECTION 203 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951 OR UNDER THE LEAVE ADJUSTMENT PROVISION OF SECTION 30.204 OF THE ANNUAL AND SICK LEAVE REGULATIONS, TO A CREDIT OR ADJUSTMENT OF LEAVE FOR SUCH PAY PERIOD. 32 COMP. GEN. 396, AMPLIFIED.'

THE PROPOSED REVISION OF SECTION 30.203 WOULD CAUSE THAT SECTION TO READ AS FOLLOWS:

"ANNUAL AND SICK LEAVE SHALL ACCRUE TO AN EMPLOYEE DURING EACH FULL BIWEEKLY PAY PERIOD WHILE IN A PAY STATUS OR IN A COMBINATION OF PAY AND NONPAY STATUS.'

WE UNDERSTAND FROM YOUR LETTER THAT THE INTENTION IS, AND HAS ALWAYS BEEN, TO TREAT THE PAY STATUS AND NONPAY STATUS IN EACH PAY PERIOD ALIKE SO FAR AS CONCERNS THE CREDITING OF ACCRUALS OF LEAVE, AND THAT ANY LOSS OF LEAVE CREDIT BECAUSE OF A NONPAY STATUS BE EFFECTED SOLELY UNDER SECTION 30.204. THAT SECTION PROVIDES, IN PERTINENT PART (SUBSECTION (A) (, THAT WHENEVER A FULL-TIME EMPLOYEE'S NONPAY STATUS WITHIN A LEAVE YEAR TOTALS THE EQUIVALENT OF THE BASE PAY HOURS OF ONE PAY PERIOD, THE CREDITS FOR LEAVE (SICK AND ANNUAL) SHALL BE REDUCED ACCORDING TO THE EMPLOYEE'S LEAVE-EARNING CATEGORY. AS YOU SAY, THE EFFECT OF SUBSECTION 30.204 (A) GENERALLY IS THAT AN EMPLOYEE'S ABSENCE IN NONPAY STATUS COMPLETELY COVERING A SINGLE PAY PERIOD WOULD RESULT IN AN OFF-SET OF THE CREDIT BY THE DEDUCTION APPLICABLE TO THAT PAY PERIOD, AS EXPLAINED IN FEDERAL PERSONNEL MANUAL TRANSMITTAL SHEET NO. 448 DATED NOVEMBER 14, 1953. FURTHER, IN A DISCUSSION OF THIS MATTER WITH A REPRESENTATIVE OF YOUR GENERAL COUNSEL'S OFFICE, WE LEARNED THAT THE PROPOSED REVISION ALSO CONCERNS THE POLICY OF SOME OF THOSE AGENCIES WHICH DO NOT CREDIT LEAVE ACCRUALS UNTIL THE EXPIRATION OF EACH PAY PERIOD AND WHICH OCCASIONALLY HAVE MADE A DOUBLE DEDUCTION--- ONE DEDUCTION BEING BASED UPON THE LITERAL WORDS OF SECTION 30.203, THE EMPLOYEE HAVING BEEN IN A PAY STATUS FOR ONLY PART OF A PARTICULAR PAY PERIOD; PLUS ANOTHER DEDUCTION AT THAT TIME UNDER SECTION 30.204 BECAUSE THE NONPAY STATUS IN THAT PAY PERIOD, WHEN ADDED TO HIS NONPAY STATUS PARTLY IN PRIOR PAY PERIODS, AGGREGATED THE EQUIVALENT OF THE BASE PAY HOURS IN ONE PAY PERIOD.

WE SEE NO LEGAL OBJECTION TO THE ISSUANCE OF THE PROPOSED REVISION OF THE REGULATIONS AND WHEN SO ISSUED WE WILL REGARD 32 COMP. GEN. 526, AS NO LONGER FOR APPLICATION.