B-163194, FEB. 5, 1968

B-163194: Feb 5, 1968

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EMPLOYEE WHO TRAVELED FROM HAWAII ON EMERGENCY LEAVE TO TAKE HIS FATHER'S REMAINS FOR INTERMENT IN OREGON MAY HAVE THE TRAVEL APPROVED AS VACATION LEAVE TRAVEL TO WHICH HE WAS ENTITLED UPON EXECUTION OF A NEW EMPLOYMENT AGREEMENT. THE COSTS PAYABLE TO A LOCATION OTHER THAN THE EMPLOYEE'S RESIDENCE ARE LIMITED TO COST ACTUALLY INCURRED NOT TO EXCEED CONSTRUCTIVE COST TO PLACE OF RESIDENCE. 37 COMP. MCKEE: THIS IS IN REPLY TO YOUR LETTER OF DECEMBER 29. REQUESTING OUR DECISION AS TO WHETHER THE FEDERAL AVIATION ADMINISTRATION MAY APPROVE HOME LEAVE TRAVEL FOR AN EMPLOYEE TO AN ALTERNATE LOCATION WHERE A NEW AGREEMENT WAS NOT SIGNED BEFORE HIS DEPARTURE. IN YOUR LETTER YOU HAVE SET FORTH THE FACTS AS FOLLOWS: "AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION WHO IS STATIONED AT HILO.

B-163194, FEB. 5, 1968

TRAVEL EXPENSES - HOME LEAVE - APPROVAL AFTER EMERGENCY TRAVEL TO OTHER THAN HOME DECISION TO ADMINISTRATOR OF FEDERAL AVIATION ADMINISTRATION, DOT, AUTHORIZING ADMINISTRATIVE APPROVAL OF HOME LEAVE TRAVEL TO AN ALTERNATE LOCATION WHEN NEW SERVICE AGREEMENT HAD NOT BEEN SIGNED. EMPLOYEE WHO TRAVELED FROM HAWAII ON EMERGENCY LEAVE TO TAKE HIS FATHER'S REMAINS FOR INTERMENT IN OREGON MAY HAVE THE TRAVEL APPROVED AS VACATION LEAVE TRAVEL TO WHICH HE WAS ENTITLED UPON EXECUTION OF A NEW EMPLOYMENT AGREEMENT. HOWEVER, THE COSTS PAYABLE TO A LOCATION OTHER THAN THE EMPLOYEE'S RESIDENCE ARE LIMITED TO COST ACTUALLY INCURRED NOT TO EXCEED CONSTRUCTIVE COST TO PLACE OF RESIDENCE. 37 COMP. GEN. 113.

TO MR. MCKEE:

THIS IS IN REPLY TO YOUR LETTER OF DECEMBER 29, 1967, REQUESTING OUR DECISION AS TO WHETHER THE FEDERAL AVIATION ADMINISTRATION MAY APPROVE HOME LEAVE TRAVEL FOR AN EMPLOYEE TO AN ALTERNATE LOCATION WHERE A NEW AGREEMENT WAS NOT SIGNED BEFORE HIS DEPARTURE.

IN YOUR LETTER YOU HAVE SET FORTH THE FACTS AS FOLLOWS: "AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION WHO IS STATIONED AT HILO, HAWAII, AND COVERED BY AN AGREEMENT DATED MARCH 14, 1959, HAS NEVER TRAVELLED UNDER PUBLIC LAW 737, 83RD CONGRESS, 5 U.S.C. 5728, BUT IT WAS HIS INTENTION TO TAKE VACATION LEAVE DURING THIS FISCAL YEAR. HIS PLACE OF ACTUAL RESIDENCE FOR VACATION LEAVE TRAVEL PURPOSES IS FARMINGTON, NEW MEXICO. IN SEPTEMBER 1967, THIS EMPLOYEE'S DEPENDENT FATHER DIED AND HE LEFT ON EMERGENCY LEAVE TO TAKE HIS FATHER'S REMAINS FOR INTERMENT IN OREGON. TIME DID NOT PERMIT AN ADMINISTRATIVE DETERMINATION AS TO WHETHER HOME LEAVE TRAVEL COULD SIMULTANEOUSLY BE TAKEN. UPON RETURN TO HIS POST OF DUTY IN HAWAII, THE EMPLOYEE REQUESTED THAT SUCH TRAVEL BE APPROVED AS HOME LEAVE TRAVEL AND THAT HE BE REIMBURSED FOR TRANSPORTATION COSTS.'

IN CONNECTION WITH THE FOREGOING FACTS YOU ASK THE FOLLOWING QUESTION: "WHETHER IT WOULD BE PROPER TO APPROVE VACATION LEAVE TRAVEL TO ANOTHER LOCATION AFTER TRAVEL HAS BEEN PERFORMED BY AN EMPLOYEE WHO WOULD OTHERWISE HAVE BEEN ENTITLED TO THIS TRAVEL BENEFIT IF APPROVAL HAD BEEN OBTAINED PRIOR TO SUCH TRAVEL?

IN B-148591, APRIL 18, 1962 (COPY ENCLOSED), WE HELD THAT AN EMPLOYEE STATIONED IN ALASKA FOR THE NORMAL PERIOD OF DUTY WITHOUT AN EMPLOYMENT AGREEMENT COULD BE REIMBURSED FOR THE TRANSPORTATION EXPENSES OF HIMSELF AND HIS FAMILY TO HIS HOME IN COLORADO PROVIDED THAT THE TRAVEL EXPENSES WERE SUBSEQUENTLY APPROVED AND A NEW EMPLOYMENT AGREEMENT BY THE EMPLOYEE EXECUTED ON HIS RETURN.

THE SAME RULE IS FOR APPLICATION IN THIS CASE. SEE ALSO B 147722,JANUARY 9, 1962 (COPY ENCLOSED). HOWEVER, THE COSTS PAYABLE BY THE GOVERNMENT FOR TRAVEL TO THE ALTERNATE LOCATION ARE RESTRICTED TO THE COSTS ACTUALLY INCURRED AND MAY NOT EXCEED CONSTRUCTIVE COST TO THE ACTUAL PLACE OF RESIDENCE. 37 COMP. GEN. 113. ACCORDINGLY, YOUR QUESTION IS ANSWERED IN THE AFFIRMATIVE.