B-42062, MAY 29, 1944, 23 COMP. GEN. 904

B-42062: May 29, 1944

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LEAVES OF ABSENCE - ANNUAL - EFFECT OF CHANGE IN DEFINITION OF "PERMANENT EMPLOYEES" IN THE CASE OF AN EMPLOYEE WHO WAS APPOINTED FOR ONE YEAR ON DECEMBER 1. WAS A "PERMANENT EMPLOYEE" AS DEFINED IN THE ANNUAL LEAVE REGULATIONS THEN IN EFFECT. HAVE THE EFFECT OF CHANGING THE STATUS OF THE EMPLOYEE FROM PERMANENT TO TEMPORARY FOR LEAVE ACCRUAL PURPOSES ON AND AFTER JANUARY 1. 1944: I HAVE YOUR LETTER OF MAY 13. PROVIDES: " "PERMANENT EMPLOYEES" ARE THOSE APPOINTED WITHOUT LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS IN EXCESS OF 6 MONTHS.'. PROVIDES: " "PERMANENT EMPLOYEES" ARE THOSE APPOINTED WITHOUT LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS IN EXCESS OF ONE YEAR.

B-42062, MAY 29, 1944, 23 COMP. GEN. 904

LEAVES OF ABSENCE - ANNUAL - EFFECT OF CHANGE IN DEFINITION OF "PERMANENT EMPLOYEES" IN THE CASE OF AN EMPLOYEE WHO WAS APPOINTED FOR ONE YEAR ON DECEMBER 1, 1943, AND, HENCE, HAVING BEEN APPOINTED FOR A DEFINITE PERIOD IN EXCESS OF SIX MONTHS, WAS A "PERMANENT EMPLOYEE" AS DEFINED IN THE ANNUAL LEAVE REGULATIONS THEN IN EFFECT, THE REVISED LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1944, DEFINING "PERMANENT EMPLOYEES" AS THOSE, AMONG OTHERS, APPOINTED FOR DEFINITE PERIODS IN EXCESS OF ONE YEAR, HAVE THE EFFECT OF CHANGING THE STATUS OF THE EMPLOYEE FROM PERMANENT TO TEMPORARY FOR LEAVE ACCRUAL PURPOSES ON AND AFTER JANUARY 1, 1944.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, DIVISION OF CENTRAL ADMINISTRATIVE SERVICES, OFFICE FOR EMERGENCY MANAGEMENT, MAY 29, 1944:

I HAVE YOUR LETTER OF MAY 13, 1944 (REFERENCE FI-13) AS FOLLOWS:

SECTION 1 (B) OF EXECUTIVE ORDER 8384, DATED MARCH 29, 1940, PROVIDES:

" "PERMANENT EMPLOYEES" ARE THOSE APPOINTED WITHOUT LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS IN EXCESS OF 6 MONTHS.'

SECTION 1.1 (B) OF EXECUTIVE ORDER 9414, EFFECTIVE JANUARY 1, 1944, PROVIDES:

" "PERMANENT EMPLOYEES" ARE THOSE APPOINTED WITHOUT LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS IN EXCESS OF ONE YEAR, OR FOR THE DURATION OF THE PRESENT WAR AND FOR SIX MONTHS THEREAFTER.'

IN VIEW OF THE CHANGE CONTAINED IN THE LATTER EXECUTIVE ORDER IN THE DEFINITION OF A PERMANENT EMPLOYEE, I WOULD APPRECIATE YOUR ADVISING ME WHETHER AN EMPLOYEE APPOINTED FOR ONE YEAR ON DECEMBER 1, 1943 IS SUBSEQUENT TO DECEMBER 31, 1943, ENTITLED TO TWO DAYS ANNUAL LEAVE FOR EACH MONTH OF SERVICE, PLUS AN ADDITIONAL ONE-HALF DAY FOR THE MONTHS OF MARCH, JUNE AND SEPTEMBER, OR WHETHER HE WOULD BE ENTITLED TO TWO AND ONE- HALF DAYS ANNUAL LEAVE FOR EACH FULL MONTH OF SERVICE AS A TEMPORARY EMPLOYEE.

THE SECOND REGULATION QUOTED IN YOUR LETTER HAS THE EFFECT OF CHANGING THE STATUS OF THE EMPLOYEE FROM PERMANENT TO TEMPORARY FOR LEAVE PURPOSES ON AND AFTER JANUARY 1, 1944. HENCE, PURSUANT TO THE PROVISIONS OF SECTION 4.10 (A) OF THE NEW LEAVE REGULATIONS THE EMPLOYEE SHOULD BE CREDITED WITH 2 1/6 DAYS LEAVE (THAT IS, WITH THE HOURLY EQUIVALENT THEREOF) FOR THE MONTH OF DECEMBER, 1943, AS A PERMANENT EMPLOYEE (SEE SECTION 4.1 (C) OF THE NEW LEAVE REGULATIONS), AND WITH 2 1/2 DAYS FOR EACH MONTH OF SERVICE DURING THE CALENDAR YEAR 1944 AS A TEMPORARY EMPLOYEE).M* ..END :