B-7007, NOVEMBER 18, 1939, 19 COMP. GEN. 510

B-7007, NOVEMBER 18, 1939, 19 COMP. GEN. 510

LEAVES OF ABSENCE - SICK - ACT, MARCH 14, 1936 - TRANSFER EFFECTIVE IMMEDIATELY AFTER LEAVE-WITHOUT-PAY STATUS WHERE AN EMPLOYEE WAS GRANTED HIS ACCRUED ANNUAL LEAVE AND, THEREAFTER, LEAVE WITHOUT PAY ENDING ON THE DATE IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF HIS TRANSFER TO ANOTHER PERMANENT POSITION IN ANOTHER GOVERNMENT AGENCY, THERE WAS NO "BREAK IN SERVICE" WITHIN THE MEANING OF SECTION 9 OF THE SICK LEAVE REGULATIONS, AS AMENDED BY EXECUTIVE ORDER NO. 7880, DATED MAY 9, 1938, AND IF THE POSITIONS FROM WHICH, AND TO WHICH, TRANSFERRED OTHERWISE MEET THE PROVISIONS OF SAID SECTION, HIS ACCUMULATED UNUSED SICK LEAVE MAY BE TRANSFERRED TO HIS CREDIT IN THE NEW POSITION.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE INTERIOR, NOVEMBER 18, 1939:

I HAVE YOUR LETTER OF NOVEMBER 2, 1939, AS FOLLOWS:

A QUESTION HAS ARISEN IN CONNECTION WITH THE TRANSFER OF SICK LEAVE TO ANOTHER DEPARTMENT FOR AN EMPLOYEE WHO, AT DATE OF TRANSFER, WAS CARRIED ON THE ROLLS OF THIS DEPARTMENT IN A NONPAY STATUS.

THE EMPLOYEE IN QUESTION WAS GRANTED HIS ACCRUED ANNUAL LEAVE IN VIEW OF HIS PENDING TRANSFER AND IT WAS FOUND THAT SUCH ACCRUED ANNUAL LEAVE WAS SUFFICIENT TO CARRY HIM ON THE ROLLS IN A PAY STATUS THROUGH JULY 22, 1939. IN ORDER THAT THERE COULD BE A CONTINUITY OF HIS SERVICE HE WAS GRANTED LEAVE WITHOUT PAY BEGINNING JULY 23 TO THE EFFECTIVE DATE OF HIS TRANSFER, AUGUST 3, 1939, TO ANOTHER PERMANENT POSITION IN ANOTHER GOVERNMENT AGENCY.

WE HAVE BEEN REQUESTED TO FURNISH A RECORD OF HIS LEAVE STATUS AT DATE OF TRANSFER AND THE QUESTION NOW PRESENTED IS WHETHER HE IS ENTITLED TO ANY ACCRUED AND UNUSED SICK LEAVE AS OF THE DATE OF TERMINATION OF HIS SERVICES, AUGUST 2, 1939.

SECTION 9 OF THE SICK LEAVE REGULATIONS, AS AMENDED BY EXECUTIVE ORDER NO. 7880, DATED MAY 9, 1938, IS AS FOLLOWS:

AN EMPLOYEE TRANSFERRED OR REAPPOINTED WITHOUT BREAK IN SERVICE FROM ONE PERMANENT, EMERGENCY, OR INDEFINITE POSITION TO ANOTHER PERMANENT, EMERGENCY, OR INDEFINITE POSITION WITHIN THE SAME OR A DIFFERENT GOVERNMENTAL AGENCY SHALL BE CREDITED WITH ACCUMULATED SICK LEAVE AND CHARGED WITH SICK LEAVE PREVIOUSLY ADVANCED IN EXCESS OF THAT ACCUMULATED AT THE TIME OF TRANSFER OR REAPPOINTMENT. "BREAK IN SERVICE" MEANS SEPARATION FROM THE SERVICE FOR A PERIOD OF ONE OR MORE WORK DAYS.

THERE IS PARTICULARLY FOR NOTING THE LAST SENTENCE OF THE REGULATION DEFINING THE TERM,"BREAK IN SERVICE.' AS THE EMPLOYEE IN QUESTION REMAINED ON THE ROLLS OF THE DEPARTMENT OF THE INTERIOR TO AND INCLUDING AUGUST 2, 1939, THE DAY BEFORE THE EFFECTIVE DATE OF HIS TRANSFER TO THE OTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT, AUGUST 3, 1939, EVEN THOUGH IN A NONPAY STATUS, THERE WAS NO "BREAK IN SERVICE" AND IF THE POSITION FROM WHICH, AND TO WHICH, TRANSFERRED OTHERWISE MEETS THE ABOVE QUOTED PROVISION OF SECTION 9 OF THE LEAVE REGULATIONS, HE IS ENTITLED UNDER THE QUOTED REGULATION TO HAVE HIS ACCUMULATED UNUSED SICK LEAVE TRANSFERRED TO HIS CREDIT IN THE OTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT.