B-40831, MARCH 29, 1944, 23 COMP. GEN. 732

B-40831: Mar 29, 1944

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APPLIES TO EMPLOYEES WHOSE TENURE OF SERVICE IS INDEFINITE AND WHOSE TERMINATION OF SERVICE MUST BE FIXED AFTER SERVICE HAS BEEN RENDERED AND HAS NO APPLICATION TO DENY TEMPORARY EMPLOYEES. - WHO ARE APPOINTED FOR DEFINITE PERIODS OF TIME NOT EXCEEDING ONE YEAR. - THE ANNUAL LEAVE TO WHICH THEY ARE ENTITLED BY LAW AND REGULATIONS FOR EACH FULL MONTH OF SERVICE. 1944: REFERENCE IS MADE TO YOUR LETTER OF MARCH 17. AS FOLLOWS: THERE IS ENCLOSED PAY ROLL. DOUBT AS TO THE PROPRIETY OF CERTIFYING THE VOUCHER IN THE FULL AMOUNT IS DUE TO PROVISIONS IN EXECUTIVE ORDER NO. 9414 DATED JANUARY 13. IT IS ASSUMED THAT MONTH OF SERVICE INCLUDES BOTH ACTUAL SERVICE AND LEAVE LAWFULLY GRANTED. TERMINAL LEAVE IS DEFINED AS THE PERIOD BETWEEN THE LAST DAY OF DUTY AND THE EXPIRATION OF ANNUAL LEAVE ( SECTION 1.1 (J) ( AND SECTION 4.2 (B) STATES THAT ANNUAL LEAVE SHALL NOT ACCRUE WHILE ON TERMINAL LEAVE.

B-40831, MARCH 29, 1944, 23 COMP. GEN. 732

LEAVES OF ABSENCE - TEMPORARY EMPLOYEES - LEAVE ON LEAVE DURING TERMINAL LEAVE SECTION 4.2 (B) OF THE ANNUAL AND SICK LEAVE REGULATIONS, PROHIBITING THE GRANTING OF LEAVE ON LEAVE DURING TERMINAL LEAVE, APPLIES TO EMPLOYEES WHOSE TENURE OF SERVICE IS INDEFINITE AND WHOSE TERMINATION OF SERVICE MUST BE FIXED AFTER SERVICE HAS BEEN RENDERED AND HAS NO APPLICATION TO DENY TEMPORARY EMPLOYEES--- WHO ARE APPOINTED FOR DEFINITE PERIODS OF TIME NOT EXCEEDING ONE YEAR--- THE ANNUAL LEAVE TO WHICH THEY ARE ENTITLED BY LAW AND REGULATIONS FOR EACH FULL MONTH OF SERVICE, WHICH INCLUDES BOTH ACTIVE SERVICE AND LEAVE LAWFULLY GRANTED.

COMPTROLLER GENERAL WARREN TO O. A. ZIMMERLI, DEPARTMENT OF AGRICULTURE, MARCH 29, 1944:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 17, 1944 (A, DISBURSEMENT, VOUCHERS, PAY ROLL), AS FOLLOWS:

THERE IS ENCLOSED PAY ROLL, STANDARD FORM 1013, COVERING SALARY PAYMENT FROM MARCH 1 TO MARCH 12, INCLUSIVE FOR CLARENCE I. SNYDER, SR. ENGINEERING AIDE, SP-6, AT $2,000, WHICH VOUCHER HAS BEEN PRESENTED TO ME FOR CERTIFICATION. DOUBT AS TO THE PROPRIETY OF CERTIFYING THE VOUCHER IN THE FULL AMOUNT IS DUE TO PROVISIONS IN EXECUTIVE ORDER NO. 9414 DATED JANUARY 13, AS EXPLAINED BELOW:

SECTION 1.1 (I) DEFINES MONTH OF SERVICE AS 30 CONSECUTIVE CALENDAR DAYS. SECTION 2.1 (B) PROVIDES THAT TEMPORARY EMPLOYEES SHALL BE CREDITED WITH LEAVE OF 2 1/2 DAYS FOR EACH MONTH OF SERVICE, WHICH AFTER THE FIRST MONTH MAY BE CREDITED AT THE BEGINNING OF THE MONTH IN WHICH IT ACCRUES. IT IS ASSUMED THAT MONTH OF SERVICE INCLUDES BOTH ACTUAL SERVICE AND LEAVE LAWFULLY GRANTED. TERMINAL LEAVE IS DEFINED AS THE PERIOD BETWEEN THE LAST DAY OF DUTY AND THE EXPIRATION OF ANNUAL LEAVE ( SECTION 1.1 (J) ( AND SECTION 4.2 (B) STATES THAT ANNUAL LEAVE SHALL NOT ACCRUE WHILE ON TERMINAL LEAVE.

MR. SNYDER WAS A TEMPORARY EMPLOYEE APPOINTED FOR A PERIOD OF 60 DAYS BEGINNING ON JANUARY 13, EXPIRING CLOSE OF SUNDAY, MARCH 12. HE WAS GRANTED ANNUAL LEAVE OF 5 DAYS FROM MARCH 7 TO 11 INCLUSIVE. WHILE 5 DAYS ANNUAL LEAVE IS EARNED BY A TEMPORARY EMPLOYEE DURING A PERIOD OF TWO MONTHS' SERVICE, QUESTION ARISES WHETHER SUCH LEAVE TAKEN AT THE CLOSE OF THE WORK MUST BE CONSIDERED AS TERMINAL LEAVE UNDER SECTION 1.1 (J) SO AS TO PREVENT THE ACCUMULATION OF LEAVE FOR THE SECOND MONTH OF SERVICE UNDER 4.2 (B). IF CLASSED AS TERMINAL LEAVE, IT APPEARS THAT THE EMPLOYEES COULD BE ALLOWED ONLY 2 1/2 DAYS LEAVE FOR THE FULL PERIOD OF EMPLOYMENT SINCE NO LEAVE COULD BE EARNED BEYOND THE FIRST MONTH. IN OTHER WORDS, IF LEAVE IS NOT EARNED DURING THE FIVE DAYS FROM MARCH 7 TO 11, THERE WILL HAVE BEEN EARNED ONLY THE 2 1/2 DAYS ATTACHING TO THE FIRST MONTH OF SERVICE AND THE EMPLOYEE WOULD BE ENTITLED TO PAY ONLY TO NOON OF MARCH 9.

DECISION IS DESIRED AS TO WHETHER UNDER THESE CIRCUMSTANCES THE PAY ROLL MAY BE APPROVED FOR THE PERIOD MARCH 1 TO 12 OR FOR THE PERIOD TO AND INCLUDING ONE-HALF OF MARCH 9.

SECTION 1.1 (C) OF THE NEW LEAVE REGULATIONS DEFINES "TEMPORARY EMPLOYEES" AS THOSE WHO ARE ,APPOINTED FOR DEFINITE PERIODS OF TIME NOT EXCEEDING ONE YEAR.' UNDER SUCH AN APPOINTMENT, THE TERMINATION OF SERVICE OF A TEMPORARY EMPLOYEE IS DETERMINED IN ADVANCE BY HIS APPOINTMENT. IN OTHER WORDS, THE APPOINTMENT IS MADE FOR A DEFINITE NUMBER OF MONTHS OF SERVICE DURING EACH OF WHICH MONTHS OF SERVICE THE EMPLOYEE EARNS 2 1/2 DAYS OF ANNUAL LEAVE UNDER SECTION 1 OF THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161 AND SECTION 2.1 (B) OF THE REGULATIONS. SECTION 4.2 (B) OF THE NEW LEAVE REGULATIONS, PROHIBITING THE GRANTING OF LEAVE ON LEAVE DURING TERMINAL ANNUAL LEAVE, APPLIES TO EMPLOYEES WHOSE TENURE OF SERVICE IS INDEFINITE AND WHOSE TERMINATION OF SERVICE MUST BE FIXED AFTER SERVICE HAS BEEN RENDERED, AND ACCORDINGLY HAS NO APPLICATION TO DENY TEMPORARY EMPLOYEES THE ANNUAL LEAVE TO WHICH THEY ARE ENTITLED BY LAW AND REGULATIONS FOR EACH FULL MONTH OF SERVICE, WHICH INCLUDES BOTH ACTIVE SERVICE AND LEAVE LAWFULLY GRANTED.

SINCE MR. SNYDER WAS APPOINTED FOR 60 DAYS BEGINNING JANUARY 13, HE IS ENTITLED TO 60 DAYS PAY INCLUDING 5 DAYS ANNUAL LEAVE TERMINATING WITH SUNDAY, MARCH 12, 1944.

THE VOUCHER, IF OTHERWISE CORRECT, MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER IS RETURNED HEREWITH.