B-47112, JANUARY 23, 1945, 24 COMP. GEN. 549

B-47112: Jan 23, 1945

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LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - QUARTERLY LEAVE CREDITS THE ONE-HALF DAY ANNUAL LEAVE CREDIT AUTHORIZED UNDER SECTION 2.1 (A) OF THE ANNUAL LEAVE REGULATIONS FOR EMPLOYEES WHO HAVE CONTINUOUSLY EMPLOYED FOR AN ENTIRE QUARTER MAY NOT BE CREDITED TO AN EMPLOYEE WHO WAS SEPARATED FROM SERVICE PRIOR TO THE END OF THE QUARTER AND PAID A LUMP-SUM UNDER THE ACT OF DECEMBER 21. EVEN THOUGH THE LEAVE PERIOD OVER WHICH THE LUMP-SUM PAYMENT WAS COMPUTED WOULD EXPIRE AFTER THE END OF THE QUARTER. 1945: I HAVE YOUR LETTER OF JANUARY 16. AS FOLLOWS: THERE ARE. WILL RECEIVE LUMP- SUM PAYMENT FOR ANNUAL LEAVE EXPIRING AFTER DECEMBER 30. DECEMBER TO EMPLOYEES WHO WERE CONTINUOUSLY EMPLOYED FOR THE ENTIRE QUARTER-YEAR ENDING IN SUCH MONTHS.'.

B-47112, JANUARY 23, 1945, 24 COMP. GEN. 549

LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - QUARTERLY LEAVE CREDITS THE ONE-HALF DAY ANNUAL LEAVE CREDIT AUTHORIZED UNDER SECTION 2.1 (A) OF THE ANNUAL LEAVE REGULATIONS FOR EMPLOYEES WHO HAVE CONTINUOUSLY EMPLOYED FOR AN ENTIRE QUARTER MAY NOT BE CREDITED TO AN EMPLOYEE WHO WAS SEPARATED FROM SERVICE PRIOR TO THE END OF THE QUARTER AND PAID A LUMP-SUM UNDER THE ACT OF DECEMBER 21, 1944, FOR ALL ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE, EVEN THOUGH THE LEAVE PERIOD OVER WHICH THE LUMP-SUM PAYMENT WAS COMPUTED WOULD EXPIRE AFTER THE END OF THE QUARTER.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR OF CENSORSHIP, JANUARY 23, 1945:

I HAVE YOUR LETTER OF JANUARY 16, 1945, AS FOLLOWS:

THERE ARE, IN THIS AGENCY, A NUMBER OF EMPLOYEES WHO HAVING RESIGNED DURING THE PERIOD DECEMBER 21 TO 29, 1944, INCLUSIVE, WILL RECEIVE LUMP- SUM PAYMENT FOR ANNUAL LEAVE EXPIRING AFTER DECEMBER 30, 1944. A QUESTION HAS ARISEN AS TO WHETHER OR NOT THIS PAYMENT SHOULD INCLUDE COMPENSATION FOR THE QUARTERLY CREDIT DUE ON DECEMBER 30, 1944.

SECTION 2.1 (A) OF EXECUTIVE ORDER 9414 (AMENDED JANUARY 1, 1945) PROVIDES FOR AN ADDITIONAL HALF-DAY OF ANNUAL LEAVE "IN MARCH, JUNE, SEPTEMBER, AND DECEMBER TO EMPLOYEES WHO WERE CONTINUOUSLY EMPLOYED FOR THE ENTIRE QUARTER-YEAR ENDING IN SUCH MONTHS.' YOUR DECISION B 41468, DATED MAY 2, 1944 (23 COMP. GEN. 837) HELD THAT, UNDER SECTION 2.1 (A) OF THE LEAVE REGULATIONS, THE ADDITIONAL QUARTERLY CREDIT MAY BE GIVEN TO AN EMPLOYEE WHO, UPON COMPLETION OF A QUARTER, IS ON THE ROLLS OF AN AGENCY WHETHER ON ACTIVE DUTY OR LEAVE STATUS. THEREFORE, AN EMPLOYEE WHO RESIGNED PRIOR TO DECEMBER 21, 1944 AND WAS IN TERMINAL LEAVE STATUS AT THE COMPLETION OF THE QUARTER YEAR RECEIVED THE QUARTERLY CREDIT.

PUBLIC LAW 525, 78TH CONGRESS SPECIFIES THAT "SUCH LUMP-SUM PAYMENT SHALL EQUAL THE COMPENSATION THAT SUCH EMPLOYEE WOULD HAVE RECEIVED HAD HE REMAINED IN THE SERVICE UNTIL THE EXPIRATION OF THE PERIOD OF SUCH ANNUAL OR VACATION LEAVE.' IN VIEW OF THE FOREGOING, MAY AN EMPLOYEE BE GIVEN THE QUARTERLY LEAVE CREDIT WHICH BECOMES DUE DURING THE PERIOD FOR WHICH HE RECEIVES LUMP-SUM PAYMENT?

THE LAST DAY OF ACTIVE DUTY ON OR AFTER DECEMBER 21, 1944, OF EMPLOYEES WHO RECEIVE A LUMP-SUM PAYMENT FOR ACCUMULATED AND CURRENT ACCRUED LEAVE UNDER THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, PUBLIC LAW 525, IS THE DATE OF SEPARATION FROM THE SERVICE, AND THE PERIOD THEREAFTER OVER WHICH THE LEAVE IS COMPUTED IS NOT TO BE REGARDED AS SERVICE. SEE ANSWER TO QUESTION 5, DECISION OF JANUARY 11, 1945, B 46683, 24 C.G. 511, TO YOU; ANSWER TO QUESTION 1, DECISION OF JANUARY 13, 1945, B-46790, 24 C.G. 526; AND ANSWER TO QUESTION 5 (B), DECISION OF JANUARY 17, 1945, B-46891, 24 C.G. 532. HENCE, AS THE EMPLOYEES TO WHOM YOU REFER IN THE FIRST PARAGRAPH OF YOUR LETTER WERE NOT IN THE SERVICE AT THE END OF THE QUARTER, DECEMBER 21, 1944, AND, THEREFORE, WERE NOT "CONTINUOUSLY EMPLOYED FOR THE ENTIRE QUARTER-YEAR" (QUOTING FROM THE CITED LEAVE REGULATION), THEY ARE NOT ENTITLED TO THE QUARTERLY LEAVE CREDIT OF ONE- HALF DAY WHICH WOULD HAVE BEEN DUE THEM HAD THEY BEEN IN THE SERVICE DECEMBER 31, 1944.