B-44221, SEPTEMBER 11, 1944, 24 COMP. GEN. 215

B-44221: Sep 11, 1944

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MUST HAVE BEEN RENDERED AS A PERMANENT EMPLOYEE. 1944: I HAVE YOUR LETTER OF AUGUST 29. DECEMBER TO EMPLOYEES WHO WERE CONTINUOUSLY EMPLOYED FOR THE ENTIRE QUARTER-YEAR ENDING IN SUCH MONTHS * * *" SECTION 1.1 (B) OF THE SAME EXECUTIVE ORDER STATES THAT: " "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 ORDER FOR AN EMPLOYEE TO RECEIVE CREDIT FOR THE ADDITIONAL 1/2 DAY DAY OF ANNUAL LEAVE AS SET FORTH IN SECTION 2.1 (A) IS IT NECESSARY FOR HIM TO BE A "PERMANENT EMPLOYEE" AS DEFINED IN SECTION 1.1 (B) FOR THE ENTIRE CALENDAR QUARTER?

B-44221, SEPTEMBER 11, 1944, 24 COMP. GEN. 215

LEAVES OF ABSENCE - QUARTERLY LEAVE CREDIT - TRANSFER FROM TEMPORARY TO PERMANENT POSITIONS THE CONTINUOUS EMPLOYMENT "FOR THE ENTIRE QUARTER-YEAR," REQUIRED BY SECTION 2.1 (A) OF THE ANNUAL LEAVE REGULATIONS AS A CONDITION TO GRANTING PERMANENT EMPLOYEES THE QUARTERLY LEAVE CREDIT AUTHORIZED BY SAID SECTION, MUST HAVE BEEN RENDERED AS A PERMANENT EMPLOYEE, WITHOUT REGARD TO EMPLOYMENT IN A TEMPORARY POSITION IMMEDIATELY PRIOR TO TRANSFER OR APPOINTMENT TO A PERMANENT STATUS.

COMPTROLLER GENERAL WARREN TO THE FEDERAL SECURITY ADMINISTRATOR, SEPTEMBER 11, 1944:

I HAVE YOUR LETTER OF AUGUST 29, 1944, AS FOLLOWS:

SECTION 2.1 (A) OF EXECUTIVE ORDER NO. 9414 STATES IN PERTINENT PART AS FOLLOWS:

"PERMANENT EMPLOYEES SHALL BE CREDITED WITH LEAVE AT THE RATE OF TWO DAYS PER CALENDAR MONTH PLUS AN ADDITIONAL 1/2 DAY IN MARCH, JUNE, SEPTEMBER, AND DECEMBER TO EMPLOYEES WHO WERE CONTINUOUSLY EMPLOYED FOR THE ENTIRE QUARTER-YEAR ENDING IN SUCH MONTHS * * *"

SECTION 1.1 (B) OF THE SAME EXECUTIVE ORDER STATES THAT:

" "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 ORDER FOR AN EMPLOYEE TO RECEIVE CREDIT FOR THE ADDITIONAL 1/2 DAY DAY OF ANNUAL LEAVE AS SET FORTH IN SECTION 2.1 (A) IS IT NECESSARY FOR HIM TO BE A "PERMANENT EMPLOYEE" AS DEFINED IN SECTION 1.1 (B) FOR THE ENTIRE CALENDAR QUARTER? OR, IS IT SUFFICIENT FOR HIM TO HAVE BEEN CONTINUOUSLY EMPLOYED FOR THE QUARTER, EVEN THOUGH PART OF SUCH EMPLOYMENT WAS NOT UNDER A ,PERMANENT" APPOINTMENT, PROVIDED HE IS A "PERMANENT EMPLOYEE" AS OF THE LAST DAY OF THE QUARTER?

PERMANENT EMPLOYEES ARE CREDITED WITH LEAVE ON A CALENDAR MONTH BASIS (SECTION 2.1 (A) OF THE REGULATIONS), WHEREAS TEMPORARY EMPLOYEES ARE CREDITED WITH LEAVE ON A SERVICE MONTH BASIS (SECTION 2.1 (B) OF THE REGULATIONS). THE FORMER ARE ENTITLED TO TWO DAYS' ANNUAL LEAVE CREDIT PER CALENDAR MONTH WITH AN ADDITIONAL CREDIT OF ONE-HALF DAY AT THE END OF THE CALENDAR QUARTER, AND THE LATTER ARE ENTITLED TO TWO AND ONE-HALF DAYS' ANNUAL LEAVE CREDIT PER SERVICE MONTH WITHOUT REGARD TO THE CALENDAR MONTH OR QUARTER. WHEN AN EMPLOYEE IS TRANSFERRED OR REAPPOINTED FROM A TEMPORARY TO A PERMANENT STATUS FOR LEAVE PURPOSES (SEE SECTION 1.1 (B) (C) OF THE REGULATIONS), CREDITS FOR LEAVE AS A PERMANENT EMPLOYEE FOR THE INITIAL FRACTIONAL CALENDAR MONTH'S SERVICE, OR INITIAL FRACTIONAL CALENDAR QUARTER'S SERVICE WOULD BE FOR ADJUSTMENT ON THE SAME BASIS AS THOUGH THE EMPLOYEE HAD RECEIVED INITIAL APPOINTMENT AS A PERMANENT EMPLOYEE, WITHOUT REGARD TO HIS SERVICE AS A TEMPORARY EMPLOYEE. COURSE, LEAVE EARNED FOR EACH FULL MONTH OF SERVICE AS A TEMPORARY EMPLOYEE WOULD BE FOR CREDITING TO THE EMPLOYEE IN HIS PERMANENT POSITION (SECTION 4.11 OF THE REGULATIONS). SEE DEPARTMENT CIRCULAR NO. 471 OF THE CIVIL SERVICE COMMISSION DATED FEBRUARY 26, 1944, AND THE TABLE ISSUED IN CONNECTION THEREWITH. HENCE, THE WORDS,"EMPLOYEES WHO WERE CONTINUOUSLY EMPLOYED FOR THE ENTIRE QUARTER-YEAR ENDING IN SUCH MONTHS," APPEARING IN SECTION 2.1 (A) OF THE LEAVE REGULATIONS QUOTED IN THE FIRST PARAGRAPH OF YOUR LETTER, CLEARLY MEAN CONTINUOUS SERVICE FOR AN ENTIRE CALENDAR QUARTER AS A PERMANENT EMPLOYEE FOR WHOM THE REGULATION HAS BEEN PRESCRIBED. OTHERWISE, THE EMPLOYEE WOULD RECEIVE A DOUBLE CREDIT FOR LEAVE AT THE END OF THE QUARTER FOR THE SAME PERIOD OF TIME, ONE AS A TEMPORARY EMPLOYEE AND THE OTHER AS A PERMANENT EMPLOYEE.

ACCORDINGLY, THE PRIME QUESTION POSED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER IS ANSWERED IN THE AFFIRMATIVE, AND THE ALTERNATIVE, IN THE NEGATIVE.