B-45517, NOVEMBER 11, 1944, 24 COMP. GEN. 373

B-45517: Nov 11, 1944

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FROM BEING CREDITED TO AN EMPLOYEE WHO IS IN A TERMINAL LEAVE STATUS AT THE END OF A QUARTER IF HE WAS IN A PAY STATUS DURING THE ENTIRE QUARTER. 23 COMP. 1944: I HAVE YOUR LETTER OF OCTOBER 31. THE PERTINENT PORTION OF THE EXECUTIVE ORDER IN QUESTION IS AS FOLLOWS: "/B) ANNUAL LEAVE SHALL NOT ACCRUE TO AN EMPLOYEE WHILE ON TERMINAL LEAVE * * *. IN SUCH CASES THE ACCRUAL OF LEAVE SHALL CEASE AT THE CLOSE OF THE LAST DAY ON WHICH HE WAS PRESENT FOR DUTY * * *.'. IS ON THE ROLLS OF THE DEPARTMENT OR AGENCY WHETHER ON ACTIVE DUTY OR LEAVE STATUS? THE SPECIFIC QUESTION HAS BEEN RAISED FOR ADVICE FROM THIS OFFICE AS TO WHETHER YOUR DECISION CONSTITUTES AN EXCEPTION TO THE SPECIFIC TERMS OF THE ABOVE-QUOTED PORTION OF EXECUTIVE ORDER NO. 9414 IN THOSE INSTANCES WHERE AN EMPLOYEE IS IN TERMINAL LEAVE STATUS AT THE END OF A QUARTER.

B-45517, NOVEMBER 11, 1944, 24 COMP. GEN. 373

LEAVES OF ABSENCE - ANNUAL - ACCRUAL - ONE-HALF DAY QUARTERLY CREDIT - EFFECT OF TERMINAL LEAVE STATUS AT END OF QUARTER THE PROHIBITION IN SECTION 2.1 (A) OF THE ANNUAL LEAVE REGULATIONS AGAINST THE ACCRUAL OF ANNUAL LEAVE DURING TERMINAL LEAVE DOES NOT PRECLUDE THE ONE-HALF DAY QUARTERLY ANNUAL LEAVE CREDIT, AUTHORIZED UNDER SECTION 2.1 (A) OF THE REGULATIONS, FROM BEING CREDITED TO AN EMPLOYEE WHO IS IN A TERMINAL LEAVE STATUS AT THE END OF A QUARTER IF HE WAS IN A PAY STATUS DURING THE ENTIRE QUARTER. 23 COMP. GEN. 837, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, NOVEMBER 11, 1944:

I HAVE YOUR LETTER OF OCTOBER 31, 1944, AS FOLLOWS:

THE DEPARTMENT HAS BEEN REQUESTED TO INTERPRET FOR ITS FIELD CERTIFYING OFFICERS THE APPLICATION OF YOUR DECISION DATED MAY 2, 1944 (B-41468) WITH RESPECT TO SECTION 4.2 (B) OF EXECUTIVE ORDER NO. 9414.

THE PERTINENT PORTION OF THE EXECUTIVE ORDER IN QUESTION IS AS FOLLOWS:

"/B) ANNUAL LEAVE SHALL NOT ACCRUE TO AN EMPLOYEE WHILE ON TERMINAL LEAVE * * *. IN SUCH CASES THE ACCRUAL OF LEAVE SHALL CEASE AT THE CLOSE OF THE LAST DAY ON WHICH HE WAS PRESENT FOR DUTY * * *.'

THE ANSWER TO QUESTION 2 IN THE DECISION CITED ABOVE PROVIDES AN AFFIRMATIVE REPLY TO THE FOLLOWING INQUIRY:

"MAY THE ADDITIONAL QUARTERLY CREDIT UNDER SECTION 2.1 (A) OF THE REGULATIONS BE GIVEN TO AN EMPLOYEE WHO, UPON COMPLETION OF A QUARTER, IS ON THE ROLLS OF THE DEPARTMENT OR AGENCY WHETHER ON ACTIVE DUTY OR LEAVE STATUS?

THE SPECIFIC QUESTION HAS BEEN RAISED FOR ADVICE FROM THIS OFFICE AS TO WHETHER YOUR DECISION CONSTITUTES AN EXCEPTION TO THE SPECIFIC TERMS OF THE ABOVE-QUOTED PORTION OF EXECUTIVE ORDER NO. 9414 IN THOSE INSTANCES WHERE AN EMPLOYEE IS IN TERMINAL LEAVE STATUS AT THE END OF A QUARTER. THE REGULATIONS ISSUED BY THIS DEPARTMENT PROHIBIT THE ACCRUAL OF THE ADDITIONAL HALF-DAY OF LEAVE CREDIT UNDER THOSE CIRCUMSTANCES. THIS INTERPRETATION IS BASED ON THE REASONING THAT IF AN EMPLOYEE CEASES TO ACCRUE THE NORMAL MONTHLY LEAVE CREDIT UPON ENTERING INTO TERMINAL LEAVE STATUS, HE WOULD ALSO FORFEIT THE RIGHT TO ANY QUARTERLY CREDIT WHICH MIGHT ACCRUE TO OTHER EMPLOYEES DURING THE SAME PERIOD.

IN VIEW OF THE FACT THAT THE SPECIFIC QUESTION HAS BEEN RAISED AND IN ORDER THAT FUTURE PAYMENTS FOR TERMINAL ANNUAL LEAVE MAY BE CORRECTLY COMPUTED, YOUR DECISION IS REQUESTED AS TO THE APPLICABILITY OF YOUR DECISION TO THIS SITUATION.

ON THE BASIS OF QUESTION AND ANSWER 2 IN THE DECISION OF MAY 2, 1944 (B- 41468), 23 COMP. GEN. 837, TO WHICH YOU REFER, THERE WAS STATED THE FOLLOWING RULE (QUOTING THE FOURTH PARAGRAPH OF THE SYLLABUS):

THE ONE-HALF DAY ANNUAL LEAVE CREDIT AUTHORIZED UNDER SECTION 2.1 (A) OF THE ANNUAL LEAVE REGULATIONS FOR EMPLOYEES WHO HAVE BEEN CONTINUOUSLY EMPLOYED FOR AN ENTIRE QUARTER MAY BE CREDITED TO AN EMPLOYEE WHO IS ON THE ROLLS OF A DEPARTMENT OR AGENCY AT THE END OF THE QUARTER, IRRESPECTIVE OF WHETHER HE IS IN AN ACTIVE DUTY OR A LEAVE STATUS.

ON THE BASIS OF QUESTION AND ANSWER 4 IN DECISION OF APRIL 15, 1944 (B- 41136), 23 COMP. GEN. 789, THE FOLLOWING RULE WAS STATED (QUOTING THE THIRD PARAGRAPH OF THE SYLLABUS):

WHERE PROPER REDUCTIONS IN ANNUAL LEAVE CREDIT HAVE BEEN MADE PURSUANT TO SECTION 4.4 OF THE ANNUAL AND SICK LEAVE REGULATIONS FOR A PERIOD OF SUSPENSION FOR DISCIPLINARY REASONS WHICH IS IN EXCESS OF THREE DAYS, OR PURSUANT TO SECTION 4.3 ON ACCOUNT OF LEAVE OF ABSENCE WITHOUT PAY OR 15 OR MORE DAYS DURING A CALENDAR YEAR, THE REQUIREMENTS OF THE REGULATIONS IN THIS RESPECT HAVE BEEN SATISFIED, AND, THEREFORE, TO DENY, IN ADDITION THERETO, THE ONE-HALF DAY QUARTERLY LEAVE CREDIT AUTHORIZED UNDER SECTION 2.1 (A), FOR EMPLOYEES WHO WERE CONTINUOUSLY EMPLOYED FOR AN ENTIRE QUARTER, WOULD RESULT IN A DOUBLE REDUCTION IN LEAVE CREDIT AND IS UNAUTHORIZED.

UNDER THE PROVISIONS OF SECTION 2.1 (A) OF THE LEAVE REGULATIONS, THE QUARTERLY CREDIT OF ONE-HALF DAY IS BASED UPON A PAY STATUS DURING AN ENTIRE QUARTER, NOT MERELY UPON A PAY STATUS DURING TERMINAL ANNUAL LEAVE. WHILE IT IS PROVIDED BY SECTION 4.2 (B) OF THE LEAVE REGULATIONS THAT NO LEAVE MAY BE EARNED DURING TERMINAL ANNUAL LEAVE, THE APPLICATION OF THAT REGULATION DOES NOT REQUIRE A FORFEITURE OF THE QUARTERLY CREDIT OF ONE-HALF DAY'S LEAVE EARNED DURING THE ENTIRE QUARTER, AND NEITHER IS THERE ANY OTHER PART OF THE REGULATIONS REQUIRING SUCH FORFEITURE SIMPLY BECAUSE THE END OF THE QUARTER HAPPENS TO BE WITHIN A PERIOD OF TERMINAL LEAVE.

ACCORDINGLY, THE RULE STATED IN THE DECISION OF MAY 2, 1944, B 41468, ABOVE QUOTED, SHOULD BE APPLIED AS THERE STATED.