B-167998, OCT. 16, 1969

B-167998: Oct 16, 1969

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CIVIL SERVICE COMMISSION'S REGULATIONS PROVIDES EMPLOYEE IS ENTITLED TO MINIMUM OF 30 AND MAXIMUM OF 90 DAYS' NOTICE IN ADVANCE OF SEPARATION. BECAUSE OF THE IMPENDING POSSIBILITY THAT THE CIVIL SERVICE RETIREMENT ACT WILL BE AMENDED TO PROVIDE FOR GREATER BENEFITS. SECTION 351.801 OF THE CIVIL SERVICE COMMISSION'S REGULATIONS COVERING REDUCTION-IN-FORCE ACTIONS PROVIDES THAT AN EMPLOYEE IS ENTITLED TO A MINIMUM OF 30 AND A MAXIMUM OF 90 FULL DAYS NOTICE IN ADVANCE OF SEPARATION FROM THE SERVICE. ASSUMING THAT SUCH ACTION WILL NOT VIOLATE OTHER PROVISIONS CONTAINED IN PART 351 OF THE COMMISSION'S REGULATIONS.

B-167998, OCT. 16, 1969

OFFICERS AND EMPLOYEES--REDUCTION-IN-FORCE--NOTICE PERIOD CONCERNING QUESTION WHETHER EMPLOYEE WHO HAS RECEIVED 30-DAY REDUCTION IN -FORCE NOTICE MAY BE RETAINED ON ROLLS BEYOND 30-DAY PERIOD AND BE GRANTED ALL OF HIS ACCUMULATED AND ACCRUED ANNUAL LEAVE PRIOR TO HIS SEPARATION FROM SERVICE SO THAT SEPARATION CAN BE EFFECTED AFTER AMENDMENT OF CIVIL SERVICE RETIREMENT ACT, AGENCY MAY EXTEND NOTICE PERIOD TO 60 OR 90 DAYS AND CARRY EMPLOYEE IN ANNUAL LEAVE STATUS DURING EXTENDED PERIOD, AS SEC. 351.801, CIVIL SERVICE COMMISSION'S REGULATIONS PROVIDES EMPLOYEE IS ENTITLED TO MINIMUM OF 30 AND MAXIMUM OF 90 DAYS' NOTICE IN ADVANCE OF SEPARATION, AND SEC. 351.807 PROVIDES AGENCY MAY PLACE EMPLOYEE ON ANNUAL LEAVE WITH OR WITHOUT HIS CONSENT DURING NOTICE PERIOD.

TO MR. HAROLD J. FARRALL:

YOUR LETTER OF SEPTEMBER 25, 1969, REQUESTS OUR DECISION WHETHER AN EMPLOYEE WHO HAS RECEIVED A 30-DAY REDUCTION-IN-FORCE NOTICE MAY BE RETAINED ON THE ROLLS BEYOND THE 30-DAY NOTICE PERIOD AND BE GRANTED ALL OF HIS ACCUMULATED AND ACCRUED ANNUAL LEAVE PRIOR TO HIS SEPARATION FROM THE SERVICE.

YOU POINT OUT THAT ORDINARILY THE EMPLOYEE WOULD BE SEPARATED UPON EXPIRATION OF THE 30-DAY NOTICE PERIOD. HOWEVER, BECAUSE OF THE IMPENDING POSSIBILITY THAT THE CIVIL SERVICE RETIREMENT ACT WILL BE AMENDED TO PROVIDE FOR GREATER BENEFITS, YOUR AGENCY DESIRES TO EXTEND THE NOTICE PERIOD TO 60 OR 90 DAYS SO THAT THE EMPLOYEE'S SEPARATION CAN BE EFFECTED AFTER THE RETIREMENT ACT HAS BEEN AMENDED.

SECTION 351.801 OF THE CIVIL SERVICE COMMISSION'S REGULATIONS COVERING REDUCTION-IN-FORCE ACTIONS PROVIDES THAT AN EMPLOYEE IS ENTITLED TO A MINIMUM OF 30 AND A MAXIMUM OF 90 FULL DAYS NOTICE IN ADVANCE OF SEPARATION FROM THE SERVICE. SECTION 351.807 OF THE REGULATIONS PROVIDES THAT AN AGENCY MAY PLACE AN EMPLOYEE ON ANNUAL LEAVE WITH OR WITHOUT HIS CONSENT DURING THE NOTICE PERIOD.

ASSUMING THAT SUCH ACTION WILL NOT VIOLATE OTHER PROVISIONS CONTAINED IN PART 351 OF THE COMMISSION'S REGULATIONS, WE PERCEIVE NO REASON WHY IN THE PRESENT CASE YOUR AGENCY MAY NOT EXTEND THE NOTICE PERIOD TO 60 OR 90 DAYS UNDER SECTION 351.801 AND CARRY THE EMPLOYEE IN AN ANNUAL LEAVE STATUS DURING THE EXTENDED NOTICE PERIOD. SEE 25 COMP. GEN. 82; 26 ID. 331.