B-165619, DEC. 31, 1968

B-165619: Dec 31, 1968

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REQUESTED OUR DECISION WITH REGARD TO THE CHARGING OF MILITARY LEAVE AS AUTHORIZED BY 5 U.S.C. 6323 (A) TO RAILWAY POST OFFICE AND HIGHWAY POST OFFICE EMPLOYEES WHO WORK UNUSUAL TOURS OF DUTY AND WHO ARE PAID ON THE BASIS OF PREDETERMINED WORK CREDIT FOR ASSIGNED TOURS OF DUTY RATHER THAN ON THE BASIS OF ASSIGNMENT TO DAILY TOURS OF 8 HOURS. EACH 6-DAY TOUR IS EQUAL TO 9.675 DAYS OF WORK CREDIT. THE EMPLOYEE IN THE EXAMPLE WAS ORDERED TO MILITARY DUTY DURING HIS SCHEDULED TOURS OF DUTY AS FOLLOWS: MILITARY DUTY CIVILIAN DUTY TOURS MAY 21 JUNE 3. 1967 IN VIEW OF THE ABOVE FACTS AND THE REGULATIONS WHICH REQUIRE ANNUAL AND SICK LEAVE TO BE CHARGED AN EMPLOYEE WORKING SCHEDULED TOURS OF THE TYPE HERE INVOLVED ON THE BASIS OF THE WORK CREDIT VALUE OF THE TOUR DURING WHICH HE IS ABSENT.

B-165619, DEC. 31, 1968

TO MR. POSTMASTER GENERAL:

ON NOVEMBER 8, 1968, THE DIRECTOR, EMPLOYEE BENEFITS AND SERVICES DIVISION, BUREAU OF PERSONNEL, POST OFFICE DEPARTMENT, REQUESTED OUR DECISION WITH REGARD TO THE CHARGING OF MILITARY LEAVE AS AUTHORIZED BY 5 U.S.C. 6323 (A) TO RAILWAY POST OFFICE AND HIGHWAY POST OFFICE EMPLOYEES WHO WORK UNUSUAL TOURS OF DUTY AND WHO ARE PAID ON THE BASIS OF PREDETERMINED WORK CREDIT FOR ASSIGNED TOURS OF DUTY RATHER THAN ON THE BASIS OF ASSIGNMENT TO DAILY TOURS OF 8 HOURS.

THE DIRECTOR PRESENTS THE EXAMPLE OF AN EMPLOYEE WHO HAS A WORK SCHEDULE OF 6 DAYS ON DUTY FOLLOWED BY 8 DAYS OFF DUTY. EACH 6-DAY TOUR IS EQUAL TO 9.675 DAYS OF WORK CREDIT. THE EMPLOYEE IN THE EXAMPLE WAS ORDERED TO MILITARY DUTY DURING HIS SCHEDULED TOURS OF DUTY AS FOLLOWS:

MILITARY DUTY CIVILIAN DUTY TOURS MAY 21 JUNE 3, 1967 MAY 29 - JUNE 3, 1967 AUGUST 2 - AUGUST 12, 1967 AUGUST 7 - AUGUST 12, 1967 AUGUST 21 - AUGUST 26, 1967 AUGUST 21 - AUGUST 26, 1967

IN VIEW OF THE ABOVE FACTS AND THE REGULATIONS WHICH REQUIRE ANNUAL AND SICK LEAVE TO BE CHARGED AN EMPLOYEE WORKING SCHEDULED TOURS OF THE TYPE HERE INVOLVED ON THE BASIS OF THE WORK CREDIT VALUE OF THE TOUR DURING WHICH HE IS ABSENT, THE FOLLOWING QUESTIONS ARE PRESENTED:

"1. SHOULD MILITARY LEAVE FOR MOBIL UNIT EMPLOYEES BE CHARGED ON A ROUND- TRIP VALUE BASIS SIMILAR TO THE METHOD OF CHARGING SICK AND ANNUAL LEAVE?

"2. SHOULD MILITARY LEAVE BE CHARGED ON A CALENDAR-DAY BASIS? IF SO, IS IT PROPER TO CHARGE MILITARY LEAVE FOR SCHEDULED LAYOFF DAYS INTERVENING BETWEEN PERIODS OF WORK?

MILITARY LEAVE IS GRANTED IN AN AMOUNT OF 15 DAYS EACH CALENDAR YEAR BY 5 U.S.C. 6323 (A) EXCEPT IN THE CASE OF SUBSTITUTE EMPLOYEES IN THE POSTAL FIELD SERVICE WHO EARN AND ARE CREDITED WITH MILITARY LEAVE ON THE BASIS OF ACTUAL TIME WORKED UNDER 5 U.S.C. 6323 (B). IT HAS BEEN DETERMINED THAT MILITARY LEAVE GRANTED UNDER SUBSECTION (A) MUST BE CHARGED ON A CALENDAR DAY BASIS. SEE 27 COMP. GEN. 245, 252.

THEREFORE, MILITARY LEAVE SHOULD BE CHARGED REGULAR RAILWAY POST OFFICE AND HIGHWAY POST OFFICE EMPLOYEES ON A CALENDAR DAY BASIS FOR EACH DAY THEY ARE ABSENT FROM THEIR REGULAR DUTIES PERFORMING APPROPRIATE MILITARY DUTY AND FOR NONWORKDAYS FALLING BETWEEN SUCH DAYS OF ABSENCE, BUT NOT FOR NONWORKDAYS WHICH FALL BETWEEN THE EMPLOYEE'S LAST DAY OF CIVILIAN DUTY AND HIS FIRST DAY OF MILITARY SERVICE. 27 COMP. GEN. 245, 253.

YOUR FIRST QUESTION IS ANSWERED IN THE NEGATIVE AND BOTH PARTS OF YOUR SECOND QUESTION IN THE AFFIRMATIVE. IN THE EXAMPLE GIVEN, IT APPEARS THAT THE EMPLOYEE SHOULD HAVE BEEN CHARGED 6 DAYS MILITARY LEAVE FOR HIS ABSENCE FROM MAY 29 TO JUNE 3, 6 DAYS MILITARY LEAVE FOR HIS ABSENCE FROM AUGUST 7 THROUGH 12, AND HIS REMAINING 3 DAYS MILITARY LEAVE PLUS 3 DAYS ANNUAL LEAVE FOR HIS ABSENCE FROM AUGUST 21 THROUGH 26.