B-70424, NOVEMBER 28, 1947, 27 COMP. GEN. 300

B-70424: Nov 28, 1947

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1947: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17. IT IS UNDERSTOOD THAT THE EMPLOYEES WHO ARE THE SUBJECT OF YOUR LETTER ARE THOSE APPOINTED IN ACCORDANCE WITH SECTION 2.114 (A) OF THE CURRENT CIVIL SERVICE REGULATIONS WHICH PROVIDE. - WHENEVER THERE ARE NO ELIGIBLES UPON A REGISTER APPROPRIATE FOR FILLING A VACANCY. "COURT LEAVE" IS DEFINED IN SECTION 30.101 (E) OF THE CURRENT LEAVE REGULATIONS AS: * * * LEAVE FOR ATTENDING COURT AS A WITNESS ON BEHALF OF THE UNITED STATES OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA OR FOR JURY DUTY. SECTION 30.204 OF THE CURRENT LEAVE REGULATIONS PROVIDES: WHEN AN EMPLOYEE IS ABSENT FROM DUTY AND IN ATTENDANCE IN COURT AS A WITNESS IN BEHALF OF THE UNITED STATES OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA.

B-70424, NOVEMBER 28, 1947, 27 COMP. GEN. 300

LEAVES OF ABSENCE - COURT - TEMPORARY INDEFINITE EMPLOYEES A PERSON APPOINTED UNDER CIVIL SERVICE REGULATIONS AS A TEMPORARY INDEFINITE EMPLOYEE FOR NOT TO EXCEED 30 DAYS AFTER THE RECEIPT OF A CERTIFICATE OF ELIGIBLES, WHO MAY CONTINUE TO SERVE FOR PERIODS EXTENDING BEYOND THE USUAL TEMPORARY EMPLOYMENT OF SIX MONTHS OR LESS, MAY BE GRANTED COURT LEAVE OF ABSENCE WITH PAY UNDER THE PROVISIONS OF SECTION 30.204 OF THE ANNUAL AND SICK LEAVE REGULATIONS.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF COMMERCE, NOVEMBER 28, 1947:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17, 1947, REQUESTING DECISION WHETHER COURT LEAVE MAY BE GRANTED EMPLOYEES SERVING UNDER TEMPORARY INDEFINITE APPOINTMENT LIMITED TO 30 DAYS AFTER THE RECEIPT OF A CERTIFICATE OF ELIGIBLES.

IT IS UNDERSTOOD THAT THE EMPLOYEES WHO ARE THE SUBJECT OF YOUR LETTER ARE THOSE APPOINTED IN ACCORDANCE WITH SECTION 2.114 (A) OF THE CURRENT CIVIL SERVICE REGULATIONS WHICH PROVIDE---

WHENEVER THERE ARE NO ELIGIBLES UPON A REGISTER APPROPRIATE FOR FILLING A VACANCY, AND THE PUBLIC INTEREST REQUIRES THAT THE VACANCY BE FILLED BEFORE ELIGIBLES CAN BE CERTIFIED, THE COMMISSION MAY AUTHORIZE TEMPORARY APPOINTMENT. SUCH APPOINTMENT SHALL CONTINUE ONLY FOR SUCH PERIOD AS MAY BE NECESSARY TO MAKE APPOINTMENT THROUGH CERTIFICATION, AND IN NO CASE, WITHOUT PRIOR APPROVAL OF THE COMMISSION, SHALL EXTEND BEYOND THIRTY DAYS FROM THE DATE OF THE RECEIPT BY THE APPOINTING OFFICER OF A CERTIFICATION OF THREE OR MORE ELIGIBLES.

"COURT LEAVE" IS DEFINED IN SECTION 30.101 (E) OF THE CURRENT LEAVE REGULATIONS AS:

* * * LEAVE FOR ATTENDING COURT AS A WITNESS ON BEHALF OF THE UNITED STATES OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA OR FOR JURY DUTY.

SECTION 30.204 OF THE CURRENT LEAVE REGULATIONS PROVIDES:

WHEN AN EMPLOYEE IS ABSENT FROM DUTY AND IN ATTENDANCE IN COURT AS A WITNESS IN BEHALF OF THE UNITED STATES OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, OR FOR JURY DUTY IN ANY STATE COURT OR COURT OF THE UNITED STATES, THE ABSENCE FROM DUTY SHALL NOT BE CHANGED AGAINST ANNUAL LEAVE BUT SHOULD BE RECORDED AS "COURT LEAVE.'

SO FAR AS THE ABOVE LEAVE REGULATIONS APPLY TO THE APPEARANCE OF AN EMPLOYEE AS A WITNESS IN BEHALF OF THE UNITED STATES OR FOR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, THEY ARE BASED UPON SECTION 850 OF THE REVISED STATUTES AS AMENDED BY SECTION 2 OF THE ACT OF DECEMBER 24, 1942, 56 STAT. 1088, AND UPON THE ACT OF OCTOBER 14, 1941, 55 STAT. 737. SO FAR AS THE ABOVE LEAVE REGULATIONS APPLY TO JURY DUTY THEY ARE BASED UPON THE ACT OF JUNE 29, 1940, 54 STAT. 689.

AS STATED IN YOUR LETTER, IT WAS HELD IN 20 COMP. GEN. 133 THAT THE 1940 ACT WAS NOT APPLICABLE TO TEMPORARY AND SUBSTITUTE EMPLOYEES SO AS TO AUTHORIZE THEM TO BE ABSENT WITH PAY FOR JURY DUTY, BUT APPLIED ONLY TO THE REGULAR PERMANENT EMPLOYEES OF THE UNITED STATES. SEE, ALSO, DECISION OF JULY 31, 1947, B-67951, 27 COMP. GEN. 54.

ALSO, AS STATED IN YOUR LETTER, THE CURRENT ANNUAL AND SICK LEAVE REGULATIONS INCLUDE PERSONS SERVING UNDER TEMPORARY INDEFINITE APPOINTMENTS WITHIN THE DEFINITION OF PERMANENT EMPLOYEES FOR ANNUAL AND SICK LEAVE PURPOSES. FURTHER, BY PUBLIC LAW 153, APPROVED JULY 1, 1947, 61 STAT. 239, CONGRESS AMENDED THE LAWS RELATING TO MILITARY LEAVE OF ABSENCE SPECIFICALLY TO INCLUDE TEMPORARY INDEFINITE EMPLOYEES.

IN VIEW OF THESE RECOGNITIONS OF THE SPECIAL NATURE OF TEMPORARY INDEFINITE EMPLOYMENTS, AND HAVING IN MIND THAT TEMPORARY INDEFINITE EMPLOYEES FREQUENTLY HAVE SERVED AND MAY CONTINUE TO SERVE IN THE EMPLOYMENT OF THE UNITED STATES FOR EXTENDED PERIODS LASTING MUCH LONGER THAN THE USUAL TEMPORARY EMPLOYMENT OF SIX MONTHS OR LESS, COURT LEAVE MAY BE GRANTED PERSONS SERVING UNDER TEMPORARY INDEFINITE APPOINTMENTS, LIMITED TO 30 DAYS AFTER THE RECEIPT OF A CERTIFICATE OF ELIGIBLES.