B-153196, JAN. 27, 1964

B-153196: Jan 27, 1964

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WHO WERE SEPARATED ON NOVEMBER 23 AND 24. WERE SEPARATED ON NOVEMBER 23. HASH WAS SEPARATED ON NOVEMBER 24. EACH EMPLOYEE WAS ENTITLED TO LUMP SUM PAYMENT FOR ANNUAL LEAVE TO HIS CREDIT AT THE TIME OF HIS SEPARATION UNDER THE ACT OF DECEMBER 21. THE RECORD SHOWS THAT THE INTERNAL REVENUE SERVICE WAS CLOSED PURSUANT TO THE EXECUTIVE ORDER. WAS NOT TO BE CONSIDERED A HOLIDAY FOR PURPOSES OF HOLIDAY COMPENSATION BUT FOR OFFICES CLOSED ON THAT DAY WAS TO BE CONSIDERED A NONWORKDAY WITHIN THE MEANING OF SECTION 205 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951. NO ANNUAL OR SICK LEAVE IS TO BE CHARGED BY THOSE OFFICES FOR EMPLOYEE ABSENCES ON THAT DAY. IN THAT CASE JULY 3 WAS NOT DESIGNATED AS OR CONSIDERED A HOLIDAY FOR COMPENSATION PURPOSES BUT IT WAS CONSIDERED A NONWORKDAY UNDER SECTION 205 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951.

B-153196, JAN. 27, 1964

TO MR. STANLEY J. TREASURE, DIRECTOR WESTERN SERVICE CENTER INTERNAL REVENUE SERVICE:

WE REFER TO YOUR LETTER OF DECEMBER 20, 1963, YOUR REFERENCE FMO, CONCERNING THE LUMP-SUM LEAVE PAYMENT DUE CERTAIN FORMER EMPLOYEES OF THE INTERNAL REVENUE SERVICE, TREASURY DEPARTMENT, WHO WERE SEPARATED ON NOVEMBER 23 AND 24, 1963.

THE EMPLOYEES, MR. EARL V. TEARS, MRS. LELA J. SPILKER, AND MRS. JEWELL E. MENEFEE, WERE SEPARATED ON NOVEMBER 23, AND MRS. PHYLLIS M. HASH WAS SEPARATED ON NOVEMBER 24. EACH EMPLOYEE WAS ENTITLED TO LUMP SUM PAYMENT FOR ANNUAL LEAVE TO HIS CREDIT AT THE TIME OF HIS SEPARATION UNDER THE ACT OF DECEMBER 21, 1944, CH. 632, 58 STAT. 845, AS AMENDED, 5 U.S.C. 61B. SINCE THE PERIOD COVERED BY THE LUMP-SUM PAYMENT IN EACH CASE EXTENDS BEYOND NOVEMBER 25, 1963, THE QUESTION HAS ARISEN WHETHER COMPENSATION MAY BE PAID FOR THAT DAY WITHOUT A CORRESPONDING REDUCTION OF ANNUAL LEAVE IN VIEW OF EXECUTIVE ORDER NO. 11128, NOVEMBER 23, 1963, WHICH CLOSED GOVERNMENT OFFICES ON NOVEMBER 25 "AS A MARK OF RESPECT FOR PRESIDENT JOHN FITZGERALD KENNEDY.' WHILE UNDER CERTAIN CIRCUMSTANCES AGENCIES COULD REMAIN OPEN ON THAT DAY, THE RECORD SHOWS THAT THE INTERNAL REVENUE SERVICE WAS CLOSED PURSUANT TO THE EXECUTIVE ORDER.

IN OUR DECISION OF JANUARY 2, 1964, B-153107, 43 COMP. GEN. - , COPY ENCLOSED, WE HELD THAT NOVEMBER 25, 1963, WAS NOT TO BE CONSIDERED A HOLIDAY FOR PURPOSES OF HOLIDAY COMPENSATION BUT FOR OFFICES CLOSED ON THAT DAY WAS TO BE CONSIDERED A NONWORKDAY WITHIN THE MEANING OF SECTION 205 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, APPROVED OCTOBER 30, 1951, CH. 631, 65 STAT. 681, AS AMENDED, 5 U.S.C. 2064/A) . THUS, NO ANNUAL OR SICK LEAVE IS TO BE CHARGED BY THOSE OFFICES FOR EMPLOYEE ABSENCES ON THAT DAY.

A SIMILAR SITUATION AROSE UNDER EXECUTIVE ORDER NO. 10825, JUNE 12, 1959, WHICH EXCUSED EMPLOYEES FROM WORK ON JULY 3, 1959. IN THAT CASE JULY 3 WAS NOT DESIGNATED AS OR CONSIDERED A HOLIDAY FOR COMPENSATION PURPOSES BUT IT WAS CONSIDERED A NONWORKDAY UNDER SECTION 205 (A) OF THE ANNUAL AND SICK LEAVE ACT OF 1951. IN 38 COMP. GEN. 869, WE HELD THAT EMPLOYEES WHO WERE SEPARATED ON OR AFTER THE DATE OF EXECUTIVE ORDER NO. 10825 AND WHOSE LUMP-SUM LEAVE COMPENSATION CARRIED THEM THROUGH JULY 3, WERE TO BE ALLOWED COMPENSATION FOR JULY 3 WITHOUT A CORRESPONDING REDUCTION IN THEIR ANNUAL LEAVE BALANCES.

IN VIEW OF THE ABOVE THE FOUR FORMER EMPLOYEES INVOLVED IN YOUR REQUEST ARE ENTITLED TO LUMP-SUM COMPENSATION FOR NOVEMBER 25 WITHOUT DEDUCTION FROM THEIR ANNUAL LEAVE BALANCES. THEREFORE, YOU ARE AUTHORIZED TO CERTIFY VOUCHERS FOR PAYMENT OF LUMP-SUM LEAVE TO THE FOUR INDIVIDUALS NAMED ABOVE IN ACCORDANCE WITH THIS DECISION.