B-174206, DEC 21, 1971

B-174206: Dec 21, 1971

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IT IS NECESSARY TO DEDUCT THE SIX HOURS OF ANNUAL LEAVE AND FOUR HOURS OF SICK LEAVE CREDITED. R. BYE: THIS WILL REFER TO YOUR REQUEST FOR AN ADVANCE DECISION WITH RESPECT TO A CLAIM FOR PAYMENT FOR ANNUAL AND SICK LEAVE IN THE CASE OF MRS. BRANDON IS THAT SHE IS REGULARLY SCHEDULED TO WORK 80 HOURS AND EARNS SIX HOURS ANNUAL LEAVE AND FOUR HOURS SICK LEAVE PER PAY PERIOD. BRANDON WAS IN A COMBINATION PAY AND NONPAY STATUS DURING THE PAY PERIOD IN QUESTION. IT IS NECESSARY TO DEDUCT THE 6 HOURS OF ANNUAL LEAVE AND 4 HOURS OF SICK LEAVE CREDITED IN ACCORDANCE WITH SUBSECTION 630.202(B). THAT IT IS THE POLICY OF YOUR AGENCY NOT TO ADVANCE ANNUAL LEAVE IN EXCESS OF THAT EARNED AND THAT NO ADVANCE OF SICK LEAVE WAS INTENDED.

B-174206, DEC 21, 1971

CIVILIAN EMPLOYEE - LEAVE WITHOUT PAY - ACCRUAL OF LEAVE DECISION REGARDING A CLAIM FOR PAYMENT OF ANNUAL AND SICK LEAVE IN THE CASE OF ALTA M. BRANDON. IN THIS CASE, THERE WOULD BE SIMULTANEOUS APPLICATION OF THE PROVISIONS OF 5 CFR 630.202(A) AND 5 CFR 630.208. THEREFORE, SINCE THE ADDITIONAL 14 HOURS OF LEAVE WITHOUT PAY (LWOP) ACCRUED BY MRS. BRANDON, COMBINED WITH THE 76 HOURS PREVIOUSLY ACCRUED, CAUSED HER HOURS IN LWOP STATUS TO EXCEED THE HOURS IN HER BASIC PAY PERIOD, IT IS NECESSARY TO DEDUCT THE SIX HOURS OF ANNUAL LEAVE AND FOUR HOURS OF SICK LEAVE CREDITED, THEREBY LEAVING THE EMPLOYEE ENTITLED TO 56 HOURS OF PAY, NO ENTITLEMENT TO PAID LEAVE, AND HER STATUS IN LWOP INCREASED TO 100 HOURS.

TO LIEUTENANT COLONEL D. R. BYE:

THIS WILL REFER TO YOUR REQUEST FOR AN ADVANCE DECISION WITH RESPECT TO A CLAIM FOR PAYMENT FOR ANNUAL AND SICK LEAVE IN THE CASE OF MRS. ALTA M. BRANDON FORWARDED TO THIS OFFICE BY THE ASSISTANT COMPTROLLER FOR ACCOUNTING AND FINANCE UNDER DATE OF SEPTEMBER 23, 1971.

AS YOUR LETTER EXPLAINS:

"THE SITUATION OF MRS. BRANDON IS THAT SHE IS REGULARLY SCHEDULED TO WORK 80 HOURS AND EARNS SIX HOURS ANNUAL LEAVE AND FOUR HOURS SICK LEAVE PER PAY PERIOD. SHE BEGAN PAY PERIOD OF 15 AUGUST THROUGH 28 AUGUST 1971 WITH 76 HOURS PRIOR LWOP ACCUMULATION, NO ANNUAL LEAVE, NO COMPENSATORY TIME, AND NO SICK LEAVE. THE TIME AND ATTENDANCE REPORT SHOWS 56 HOURS ACTUALLY WORKED, 16 HOURS ANNUAL LEAVE AND EIGHT HOURS SICK LEAVE."

YOUR FUNDAMENTAL QUESTION CONCERNS THE SIMULTANEOUS APPLICATION OF TWO PROVISIONS OF THE REGULATIONS GOVERNING MAINTENANCE OF LEAVE ACCOUNTS FOUND IN SUBSECTION 630.202(A), TITLE 5, CODE OF FEDERAL REGULATIONS (CFR) (FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-2, BOOK 630, SUBPARAGRAPH S2- 3A(2)(A)), AND SUBSECTION 630.208, TITLE 5, CFR (FEDERAL PERSONNEL MANUAL SUPRA, SUBPARAGRAPH S2-3D(1)(A)).

5 CFR 202(A) PROVIDES AS FOLLOWS:

"FULL-TIME EMPLOYEES. A FULL-TIME EMPLOYEE EARNS LEAVE DURING EACH FULL BIWEEKLY PAY PERIOD WHILE IN A PAY STATUS OR IN A COMBINATION OF A PAY STATUS AND A NONPAY STATUS."

SINCE MRS. BRANDON WAS IN A COMBINATION PAY AND NONPAY STATUS DURING THE PAY PERIOD IN QUESTION, SHE EARNED 6 HOURS ANNUAL LEAVE AND 4 HOURS SICK LEAVE UNDER THIS PROVISION OF THE REGULATION. IF ADDED TO THE PERIOD OF 56 HOURS SHE WORKED, MRS. BRANDON WOULD BE ENTITLED TO PAY FOR 66 HOURS DURING THE PAY PERIOD. THE REMAINING 14 HOURS OF THE PAY PERIOD WOULD BE CHARGED TO LEAVE WITHOUT PAY IN ACCORDANCE WITH PARAGRAPH 19B OF AIR FORCE REGULATION 40-601 CITED IN YOUR LETTER.

HOWEVER, SUBSECTION 630.208(A) OF TITLE 5, CFR, REQUIRES THAT:

"WHEN THE NUMBER OF HOURS IN A NONPAY STATUS IN A FULL-TIME EMPLOYEE'S LEAVE YEAR EQUALS THE NUMBER OF BASE-PAY HOURS IN A PAY PERIOD, THE AGENCY SHALL REDUCE HIS CREDITS FOR LEAVE BY AN AMOUNT EQUAL TO THE AMOUNT OF LEAVE THE EMPLOYEE EARNS DURING THE PAY PERIOD. *** "

ACCORDINGLY, SINCE THE ADDITIONAL 14 HOURS OF LEAVE WITHOUT PAY ACCRUED BY MRS. BRANDON, COMBINED WITH THE 76 HOURS PREVIOUSLY CHARGED IN THAT STATUS, CAUSED HER HOURS IN LEAVE-WITHOUT-PAY STATUS TO EXCEED THE HOURS IN HER BASIC PAY PERIOD, IT IS NECESSARY TO DEDUCT THE 6 HOURS OF ANNUAL LEAVE AND 4 HOURS OF SICK LEAVE CREDITED IN ACCORDANCE WITH SUBSECTION 630.202(B), THEREBY LEAVING THE EMPLOYEE ENTITLED TO 56 HOURS OF PAY, NO ENTITLEMENT TO PAID LEAVE, AND HER STATUS IN LWOP INCREASED TO 100 HOURS.

THE TIME AND ATTENDANCE REPORT SHOWING MRS. BRANDON IN A STATUS OF 16 HOURS ANNUAL LEAVE AND 8 HOURS ACCRUED LEAVE SHOULD BE CORRECTED IN ACCORDANCE WITH SUBSECTION 20.9, CORRECTION OF ERRORS, TITLE 6, GAO POLICY AND PROCEDURES MANUAL, ASSUMING, OF COURSE, THAT IT IS THE POLICY OF YOUR AGENCY NOT TO ADVANCE ANNUAL LEAVE IN EXCESS OF THAT EARNED AND THAT NO ADVANCE OF SICK LEAVE WAS INTENDED.

IN ANSWER TO YOUR SPECIFIC QUESTIONS, BOTH REGULATORY PROVISIONS ARE APPLIED WITH THE NET RESULT THAT THE NUMBER OF HOURS IN WHICH THE EMPLOYEE IS IN LEAVE-WITHOUT-PAY STATUS IS INCREASED; HOWEVER, SHE IS NOT INDEBTED FOR ANNUAL OR SICK LEAVE SINCE NONE WAS ADVANCED.

THE VOUCHER, WHICH IS NOT AUTHORIZED FOR PAYMENT, WILL BE RETAINED IN OUR FILES.