B-65662, MAY 7, 1947, 26 COMP. GEN. 856

B-65662, MAY 7, 1947, 26 COMP. GEN. 856

LEAVES OF ABSENCE - ANNUAL - ACCRUAL DURING PERIOD OF ANNUAL LEAVE PRIOR TO REDUCTION IN FORCE AN EMPLOYEE WHO, WHILE ON AUTHORIZED LEAVE WITHOUT PAY FOLLOWING A PERIOD DURING WHICH SHE WAS GRANTED ALL HER ACCUMULATED ANNUAL AND SICK LEAVE, WAS NOTIFIED THAT SHE HAD BEEN REACHED FOR REDUCTION IN FORCE IS ENTITLED TO BE CREDITED WITH THE ANNUAL LEAVE WHICH ACCRUED DURING THE PERIOD OF LEAVE WITH PAY, IN VIEW OF SECTION 4.2 (A) OF THE ANNUAL AND SICK LEAVE REGULATIONS PROVIDING FOR ACCRUAL OF LEAVE WHILE IN A LEAVE WITH-PAY STATUS EVEN THOUGH THERE IS NO RETURN TO DUTY, IF THE "FAILURE TO RETURN TO DUTY IS DUE TO * * * REDUCTION IN FORCE.'

COMPTROLLER GENERAL WARREN TO A. L. ROHAN, DEPARTMENT OF AGRICULTURE, MAY 7, 1947:

I HAVE YOUR LETTER OF APRIL 16, 1947 (REFERENCE FI-410-CEM), AS FOLLOWS:

IN ACCORDANCE WITH SECTION 3 OF THE ACT APPROVED DECEMBER 29, 1941, 44 STATUTES, 876, THERE IS SUBMITTED FOR YOUR CONSIDERATION PAY ROLL VOUCHER IN THE AMOUNT OF $88.06, COVERING A PROPOSED PAYMENT TO MRS. MARGARET F. MONTEMORANO.

ON JULY 1, 1946, MRS. MONTEMORANO WAS AUTHORIZED TO USE ALL ACCUMULATED SICK AND ANNUAL LEAVE TO HER CREDIT, WHICH EXTENDED TO OCTOBER 4, 1946 AT 10 A.M., AFTER WHICH SHE WAS PLACED ON MATERNITY LEAVE WITHOUT PAY TO TERMINATE ON MARCH 3, 1947. PRIOR TO THE EXPIRATION OF LEAVE WITHOUT PAY MRS. MONTEMORANO WAS NOTIFIED THAT SHE HAD BEEN REACHED ON THE REDUCTION IN FORCE REGISTER AND WOULD BE GIVEN ONE YEAR'S LEAVE WITHOUT PAY EFFECTIVE JANUARY 31, 1947 WHICH WOULD TERMINATE AT THE CLOSE OF BUSINESS JANUARY 30, 1948. THIS PAY ROLL COVERS FIFTY-TWO HOURS REPRESENTING ANNUAL LEAVE EARNED FOR THE PERIOD JULY 1, 1946 TO OCTOBER 4, 1946, DURING WHICH THE EMPLOYEE WAS IN A LEAVE WITH PAY STATUS.

SECTION 4.2 (A), PART IV, CHAPTER Z1, OF THE CIVIL SERVICE REGULATIONS PROVIDES THAT " LEAVE SHALL ACCRUE TO AN EMPLOYEE WHILE IN A LEAVE-WITH- PAY STATUS, PROVIDED HE RETURNS TO DUTY, OR PROVIDED THAT FAILURE TO RETURN TO DUTY IS DUE TO DEATH, DISABILITY (EVIDENCE OF WHICH SHALL BE SUPPORTED BY AN ACCEPTABLE MEDICAL CERTIFICATE), RETIREMENT FOR DISABILITY, OR REDUCTION IN RCE.' IT APPEARS THAT IF AN EMPLOYEE RESIGNED WHILE ON ANNUAL LEAVE OR LEAVE WITHOUT PAY AFTER LAST DAY OF ACTIVE DUTY, HIS FAILURE TO RETURN TO DUTY WOULD STILL BE DUE TO REDUCTION IN FORCE FOR THE REASON THAT HE WOULD NOT HAVE THE PRIVILEGE OF RETURNING TO DUTY IF HE SO DESIRED.

IT WILL BE APPRECIATED IF YOU WILL ADVISE ME WHETHER THE PAY ROLL MAY BE CERTIFIED AT THE PRESENT TIME WITHOUT WAITING UNTIL THE EXPIRATION OF THE FURLOUGH PERIOD.

AS THE REDUCTION IN FORCE NOTICE WAS ISSUED AND BECAME EFFECTIVE BEFORE THE TERMINATION OF THE LEAVE WITHOUT PAY PREVIOUSLY GRANTED, THE EMPLOYEE'S FAILURE TO RETURN TO DUTY AFTER RECEIPT OF NOTICE OF ONE YEAR'S FURLOUGH, MAY BE STATED TO BE DUE TO THE REDUCTION IN FORCE AND, ACCORDINGLY, IT IS PROPER UNDER THE CITED LEAVE REGULATION TO CREDIT THIS EMPLOYEE WITH ANNUAL LEAVE WHICH ACCRUED DURING THE PERIOD OF LEAVE WITH PAY, JULY 1, 1946, TO OCTOBER 4, 1946, AND TO MAKE PAYMENT THEREFOR. 62866, JANUARY 17, 1947, 26 COMP. GEN. 504.

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