B-154283, JUN. 9, 1964

B-154283, JUN. 9, 1964

TO CHAIRMAN, UNITED STATES ATOMIC ENERGY COMMISSION:

A LETTER DATED MAY 25, 1964, FROM THE ACTING ASSISTANT GENERAL MANAGER OF THE ATOMIC ENERGY COMMISSION REQUESTS OUR DECISION AS TO WHETHER MR. WILLIAM T. WINDER, AN AEC EMPLOYEE AT LOS ALAMOS, NEW MEXICO, IS ENTITLED TO RECREDIT OF 408 HOURS OF SICK LEAVE EARNED WHILE EMPLOYED IN A PERMANENT POSITION BY THE CHARLESTON, SOUTH CAROLINA, NAVY YARD FROM AUGUST 8, 1939, TO DECEMBER 27, 1943.

THE RECORD DISCLOSES THAT MR. WINDER WAS ON ANNUAL LEAVE UNTIL MARCH 23, 1944, THAT HE ENTERED THE MILITARY SERVICE ON JANUARY 21, 1944, AND WAS SEPARATED ON SEPTEMBER 2, 1949. HE THEN ACCEPTED A TEMPORARY APPOINTMENT FOR 180 DAYS IN THE POST OFFICE AS A SUBSTITUTE CARRIER ON SEPTEMBER 12, 1949, AND WAS SEPARATED ON JANUARY 15, 1950. ON JANUARY 30, 1950, HE WAS GIVEN A PROBATIONAL APPOINTMENT BY THE ATOMIC ENERGY COMMISSION AND IS STILL IN ITS EMPLOY.

SECTION 30.410 OF THE ANNUAL AND SICK LEAVE REGULATIONS, TITLE V, CODE OF FEDERAL REGULATIONS, 1949 EDITION, PAGE 179, IN EFFECT AT THE TIME OF HIS APPOINTMENT BY THE ATOMIC ENERGY COMMISSION, PROVIDED AS FOLLOWS:

"30.410 TRANSFER FROM POSITION NOT WITHIN PURVIEW OF LEAVE ACTS TO POSITION WITHIN PURVIEW OF LEAVE ACTS. (A) ANY EMPLOYEE WHO IS OR HAS BEEN APPOINTED, REAPPOINTED, OR TRANSFERRED FROM A POSITION UNDER THE SICK LEAVE ACT OF MARCH 14, 1936, TO A POSITION NOT UNDER THE ACT, SHALL BE RECREDITED UPON REAPPOINTMENT TO A POSITION UNDER THE ACT WITH THE SICK LEAVE HE HAD TO HIS CREDIT AT THE TIME OF HIS LEAVING THE POSITION UNDER THE ACT OF MARCH 14, 1936: PROVIDED, THAT UPON SUCH REAPPOINTMENT, HE HAS HAD NO BREAK IN SERVICE, OR A BREAK OR BREAKS OF LESS THAN:

"90 DAYS IMMEDIATELY PRECEDING ANY REAPPOINTMENT WHICH OCCURRED ON OR AFTER MARCH 1, 1946. * * *"

MR. WINDER WAS SEPARATED FROM A POSITION WITH THE CHARLESTON NAVY YARD (WHICH WAS UNDER A LEAVE SYSTEM PRESCRIBED BY THE SICK LEAVE ACT OF MARCH 14, 1936) AND WAS REAPPOINTED TO A POSITION IN THE POSTAL SERVICE (WHICH WAS UNDER A DIFFERENT LEAVE SYSTEM, THE POSTAL SERVICE LEAVE SYSTEM) WITHOUT A BREAK IN SERVICE OF 90 DAYS AS SPECIFIED IN THE CIVIL SERVICE REGULATIONS. UPON APPOINTMENT TO THE ATOMIC ENERGY COMMISSION ON JANUARY 30, 1950 (WHICH WAS UNDER A LEAVE SYSTEM PRESCRIBED BY THE SICK LEAVE ACT OF MARCH 14, 1936, WITH A BREAK IN SERVICE OF LESS THAN 90 DAYS IMMEDIATELY PRECEDING HIS REAPPOINTMENT, HE BECAME ENTITLED TO RECREDIT OF THE SICK LEAVE EARNED AND UNUSED AT THE TIME OF HIS SEPARATION FROM HIS POSITION WITH THE CHARLESTON NAVY YARD.