B-70406, OCTOBER 31, 1947, 27 COMP. GEN. 264

B-70406: Oct 31, 1947

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FAILED TO WORK AND RECEIVE COMPENSATION FOR THE LAST DAY OF HIS SERVICE MONTH BECAUSE IT WAS A HOLIDAY ON WHICH NO SERVICES WERE REQUIRED. LONDON WAS A WAE EMPLOYEE WHO HAD BEEN APPOINTED JUNE 5. THE DATE HIS FIRST MONTH OF SERVICE WOULD HAVE BEEN COMPLETED. YOU ARE IN DOUBT WHETHER THE FAILURE TO WORK AND RECEIVE COMPENSATION FOR THE 4TH OF JULY. BROKE THE CONTINUITY OF SERVICE SO THAT HE WAS NOT IN A PAY STATUS FOR ONE MONTH AS REQUIRED BY THE LEAVE REGULATIONS TO ENTITLE HIM TO LEAVE BENEFITS. IN WHICH THE MONTH OF SERVICE IS DEFINED AS "A PERIOD IN A PAY STATUS COVERING A FULL CALENDAR MONTH.'. WITH REFERENCE TO APPLYING THE RULE THAT LEAVE COULD NOT BE GRANTED TO INDEFINITE EMPLOYEES ON A WAE BASIS EXCEPT FOR PERIODS OF CONTINUOUS SERVICE OF ONE MONTH OR MORE IT WAS STATED "CONTINUOUS SERVICE OF SUCH EMPLOYEES MEANS AN ACTUAL PAY OR DUTY STATUS DURING THE ENTIRE DAILY TOUR OF DUTY ON EVERY WORK DAY OF THE MONTH.'.

B-70406, OCTOBER 31, 1947, 27 COMP. GEN. 264

LEAVES OF ABSENCE - ANNUAL - ACCRUAL - "WHEN ACTUALLY EMPLOYED" EMPLOYEES - HOLIDAY AS AFFECTING CONTINUITY OF MONTH OF SERVICE AN EMPLOYEE APPOINTED ON A "WHEN ACTUALLY EMPLOYED" BASIS FOR A DEFINITE PERIOD OF TIME WHO RENDERED SERVICE ON EVERY WORKDAY OF HIS FIRST MONTH OF SERVICE, BUT FAILED TO WORK AND RECEIVE COMPENSATION FOR THE LAST DAY OF HIS SERVICE MONTH BECAUSE IT WAS A HOLIDAY ON WHICH NO SERVICES WERE REQUIRED, NEED NOT BE REGARDED AS HAVING BROKEN THE CONTINUITY OF HIS MONTH OF SERVICE, A ,PERIOD IN A PAY STATUS," AS DEFINED BY CIVIL SERVICE REGULATIONS, SO AS TO PRECLUDE THE ACCRUAL OF ANNUAL LEAVE FOR SUCH MONTH OF SERVICE.

COMPTROLLER GENERAL WARREN TO BETTY E. JOHNSON, DEPARTMENT OF COMMERCE, OCTOBER 31, 1947:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF OCTOBER 15, 1947, REQUESTING TO BE INFORMED WHETHER, IN VIEW OF THE FACTS AND CIRCUMSTANCES HEREINAFTER STATED, YOU PROPERLY MAY CERTIFY THE VOUCHER THEREWITH ENCLOSED IN FAVOR OF DAVID LONDON, COVERING LUMP-SUM LEAVE PAYMENT FOR 20 HOURS' ACCRUED LEAVE.

IT APPEARS FROM YOUR SUBMISSION THAT MR. LONDON WAS A WAE EMPLOYEE WHO HAD BEEN APPOINTED JUNE 5, 1947, AND SERVED THROUGH JULY 15, BUT ACTUALLY DID NOT WORK ON JULY 4, THE DATE HIS FIRST MONTH OF SERVICE WOULD HAVE BEEN COMPLETED, AND YOU ARE IN DOUBT WHETHER THE FAILURE TO WORK AND RECEIVE COMPENSATION FOR THE 4TH OF JULY, A HOLIDAY, BROKE THE CONTINUITY OF SERVICE SO THAT HE WAS NOT IN A PAY STATUS FOR ONE MONTH AS REQUIRED BY THE LEAVE REGULATIONS TO ENTITLE HIM TO LEAVE BENEFITS. YOU QUOTE FROM Z1, SECTION 451, OF THE FEDERAL PERSONNEL MANUAL, IN WHICH THE MONTH OF SERVICE IS DEFINED AS "A PERIOD IN A PAY STATUS COVERING A FULL CALENDAR MONTH.'

IN 18 COMP. GEN. 400, AT PAGE 402, WITH REFERENCE TO APPLYING THE RULE THAT LEAVE COULD NOT BE GRANTED TO INDEFINITE EMPLOYEES ON A WAE BASIS EXCEPT FOR PERIODS OF CONTINUOUS SERVICE OF ONE MONTH OR MORE IT WAS STATED "CONTINUOUS SERVICE OF SUCH EMPLOYEES MEANS AN ACTUAL PAY OR DUTY STATUS DURING THE ENTIRE DAILY TOUR OF DUTY ON EVERY WORK DAY OF THE MONTH.'

THE INCLUSION IN THE CIVIL SERVICE DEFINITION OF A MONTH AS CONSTITUTING "A PERIOD IN A PAY STATUS" REASONABLY MAY NOT BE VIEWED AS REQUIRING THAT THE EMPLOYEE RECEIVE COMPENSATION FOR EVERY DAY OF THE MONTH AS NO PAYMENTS ARE MADE FOR SATURDAYS, OR SUNDAYS, UNDER THE FEDERAL EMPLOYEES PAY ACTS OF 1945 AND 1946, UNLESS THE EMPLOYEE ACTUALLY IS REQUIRED TO WORK ON THOSE DAYS. ACCORDINGLY, THE RULING IN 18 COMP. GEN. 400, 402, SUPRA, APPEARS EQUALLY APPLICABLE AT THIS TIME AND UNDER THAT RULING THE EMPLOYEE IN QUESTION NEED NOT BE VIEWED AS HAVING BROKEN THE CONTINUITY OF HIS MONTH OF SERVICE BY HIS FAILURE TO WORK OR RECEIVE COMPENSATION FOR JULY 4, A HOLIDAY, ON WHICH NO SERVICES WERE REQUIRED.

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