B-80824, FEBRUARY 24, 1949, 28 COMP. GEN. 479

B-80824: Feb 24, 1949

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LEAVES OF ABSENCE - MILITARY - DURING PERIOD OF ANNUAL LEAVE GRANTED AS PART OF ONE-YEAR REDUCTION IN FORCE NOTICE PERIOD THE PERIOD OF MILITARY TRAINING TO WHICH AN EMPLOYEE WAS ORDERED WHILE IN AN ANNUAL LEAVE STATUS PRECEDING HIS FURLOUGH WITHOUT PAY PERIOD GRANTED AS PART OF THE ONE-YEAR REDUCTION IN FORCE NOTICE PERIOD MAY BE REGARDED AS MERELY INTERRUPTING FOR SUCH MILITARY LEAVE PERIOD THE ANNUAL LEAVE THUS GRANTED. THE SPECIFIC QUESTIONS STATED IN THE LETTER ARE AS FOLLOWS: 1. WOULD CIVILIAN EMPLOYEES WHO ARE MEMBERS OF RESERVE COMPONENTS OF THE ARMED FORCES OR THE NATIONAL GUARD AND WHO ARE ORDERED TO REPORT FOR MILITARY TRAINING DUTY WHILE IN A NON-DUTY ANNUAL LEAVE STATUS GRANTED AS PART OF THE ONE-YEAR REDUCTION IN FORCE FURLOUGH NOTICE PRIOR TO SEPARATION BY REDUCTION IN FORCE BE ENTITLED.

B-80824, FEBRUARY 24, 1949, 28 COMP. GEN. 479

LEAVES OF ABSENCE - MILITARY - DURING PERIOD OF ANNUAL LEAVE GRANTED AS PART OF ONE-YEAR REDUCTION IN FORCE NOTICE PERIOD THE PERIOD OF MILITARY TRAINING TO WHICH AN EMPLOYEE WAS ORDERED WHILE IN AN ANNUAL LEAVE STATUS PRECEDING HIS FURLOUGH WITHOUT PAY PERIOD GRANTED AS PART OF THE ONE-YEAR REDUCTION IN FORCE NOTICE PERIOD MAY BE REGARDED AS MERELY INTERRUPTING FOR SUCH MILITARY LEAVE PERIOD THE ANNUAL LEAVE THUS GRANTED, SO AS TO PERMIT THE EMPLOYEE TO REVERT TO AN ANNUAL LEAVE STATUS AT THE TERMINATION THEREOF, INSTEAD OF REQUIRING THAT A LUMP-SUM PAYMENT FOR SUCH ANNUAL LEAVE BE DELAYED UNTIL THE DATE ADMINISTRATIVELY FIXED FOR THE EMPLOYEE'S FINAL SEPARATION UPON THE EXPIRATION OF HIS FURLOUGH WITHOUT PAY PERIOD. 27 COMP. GEN. 245, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, FEBRUARY 24, 1949:

THERE HAS BEEN CONSIDERED A LETTER OF OCTOBER 8, 1948, FROM THE EXECUTIVE ASSISTANT ADMINISTRATOR, REQUESTING A DECISION AS TO WHETHER MILITARY LEAVE MAY BE SUBSTITUTED FOR TERMINAL ANNUAL LEAVE WHICH HAS BEEN GRANTED AS PART OF THE ONE-YEAR REDUCTION IN FORCE NOTICE GIVEN PURSUANT TO SECTION 20.10 OF THE CIVIL SERVICE RETENTION PREFERENCE REGULATIONS FOR USE IN REDUCTION IN FORCE, WHICH SECTION PROVIDES AS FOLLOWS:

20.10 NOTICE OF EMPLOYEES.--- AN EMPLOYEE IN GROUP A-1 OR A-2 WITH COMPETITIVE STATUS AFFECTED BY A REDUCTION IN FORCE SHALL BE GIVEN AN INDIVIDUAL NOTICE IN WRITING ONE YEAR BEFORE THE ACTION BECOMES EFFECTIVE. HIS ONE-YEAR NOTICE PERIOD SHALL BE COMPOSED OF, WHENEVER POSSIBLE, AT LEAST 30 DAYS IN AN ACTIVE DUTY STATUS; A NON DUTY STATUS WITH PAY FOR THE DURATION OF HIS LEAVE, IF ANY; AND THE BALANCE OF THE YEAR IN A FURLOUGH OR LEAVE WITHOUT PAY STATUS.

THE SPECIFIC QUESTIONS STATED IN THE LETTER ARE AS FOLLOWS:

1. WOULD CIVILIAN EMPLOYEES WHO ARE MEMBERS OF RESERVE COMPONENTS OF THE ARMED FORCES OR THE NATIONAL GUARD AND WHO ARE ORDERED TO REPORT FOR MILITARY TRAINING DUTY WHILE IN A NON-DUTY ANNUAL LEAVE STATUS GRANTED AS PART OF THE ONE-YEAR REDUCTION IN FORCE FURLOUGH NOTICE PRIOR TO SEPARATION BY REDUCTION IN FORCE BE ENTITLED, AS A MATTER OF RIGHT, TO HAVE MILITARY LEAVE AUTHORIZED BY APPROPRIATE STATUTE, SUBSTITUTED FOR SUCH NON-DUTY ANNUAL LEAVE UP TO THE DATE PREVIOUSLY FIXED AS THE SEPARATION DATE?

2. IF THE ABOVE-STATED QUESTION IS ANSWERED IN THE AFFIRMATIVE, WOULD ANY RESULTING ANNUAL LEAVE TO THE EMPLOYEE'S CREDIT ON THE DATE OF THE SEPARATION BE REQUIRED TO BE PAID IN A LUMP SUM?

IN DECISION OF OCTOBER 27, 1947, 27 COMP. GEN. 245, REFERRED TO IN SAID LETTER, INVOLVING A MATTER SUBSTANTIALLY IDENTICAL WITH THAT HERE INVOLVED, IT WAS HELD THAT, WHERE AN EMPLOYEE IS ORDERED TO REPORT FOR MILITARY TRAINING DUTY WHILE ON ANNUAL LEAVE GRANTED AS PART OF THE 30 DAY NOTICE PERIOD PRIOR TO SEPARATION BY REDUCTION IN FORCE, MILITARY LEAVE IS REQUIRED TO BE SUBSTITUTED FOR ANNUAL LEAVE GRANTED AS PART OF SUCH 30-DAY NOTICE PERIOD, BUT NOT FOR ANY PERIOD BEYOND THE PREVIOUSLY FIXED SEPARATION DATE. IN LINE WITH THAT RULING THE FIRST QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.

WITH RESPECT TO THE SECOND QUESTION, IT APPEARS THAT THE EMPLOYEE HERE INVOLVED WAS GIVEN A WRITTEN REDUCTION IN FORCE NOTICE*ON MAY 22, 1948; THAT HE REMAINED IN AN ACTIVE-DUTY STATUS FROM JUNE 2 TO JULY 2, 1948; THAT AT THE EXPIRATION OF SUCHB PERIOD HE WAS PLACED IN A NON DUTY STATUS WITH PAY FOR THE DURATION OF HIS ACCUMULATED AND ACCRUED ANNUAL LEAVE WHICH EXPIRED ON AUGUST 11, 1948; THAT THE EMPLOYEE WAS PLACED ON REDUCTION IN FORCE FURLOUGH THROUGH JULY 1, 1949; AND THAT THE EMPLOYEE REQUESTED MILITARY LEAVE FOR TRAINING FOR THE PERIOD JULY 10 TO JULY 24, 1948. THAT PORTION OF THE SAID DECISION OF OCTOBER 27, 1947, WHICH HELD THAT ANY RESULTING ANNUAL LEAVE TO THE CREDIT OF THE EMPLOYEE ON THE DATE ADMINISTRATIVELY FIXED FOR HIS SEPARATION IS TO BE PAID IN A LUMP SUM CLEARLY HAS REFERENCE TO A SITUATION WHERE THE EMPLOYEE ELECTS TO RECEIVE PAYMENT FOR HIS ANNUAL LEAVE IN A LUMP SUM UNDER THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AT THE TIME OF SEPARATION FROM THE SERVICE BECAUSE OF REDUCTION IN FORCE, RATHER THAN TO A SITUATION, SUCH AS HERE, WHERE THE EMPLOYEE IS CARRIED IN A FURLOUGH WITHOUT PAY STATUS FOR THE BALANCE OF HIS ONE-YEAR REDUCTION IN FORCE NOTICE BEFORE BEING FINALLY AND COMPLETELY SEPARATED FROM THE SERVICE. SEE 26 COMP. GEN. 331, 333.

SINCE THE EMPLOYEE HERE INVOLVED IS TO BE CARRIED ON THE ROLLS THROUGH JULY 1, 1949, AS AN EMPLOYEE OF YOUR AGENCY, IT IS APPARENT THAT AUGUST 11, 1948--- THE EXPIRATION DATE OF THE PERIOD COVERED BY HIS ACCUMULATED AND ACCRUED ANNUAL LEAVE--- WAS NOT THE PROPOSED DATE OF SEPARATION, BUT, RATHER, WAS THE DATE ON WHICH THE EMPLOYEE WAS TO BE REMOVED FROM THE ROLLS FOR PAY PURPOSES ONLY.

SECTION 30.203 OF THE ANNUAL AND SICK LEAVE REGULATIONS PROVIDES IN PERTINENT PART AS FOLLOWS:

ANNUAL LEAVE SHALL BE GRANTED TO AN EMPLOYEE AT SUCH TIMES AS THE HEADS OF THE DEPARTMENTS AND AGENCIES MAY PRESCRIBE: PROVIDED, THAT AN EMPLOYEE WHO IS TO BE PLACED ON FURLOUGH IN CONTEMPLATION OF SEPARATION BY REDUCTION OF FORCE SHALL BE GRANTED IMMEDIATELY PRIOR TO FURLOUGH, UPON HIS REQUEST, ANY ANNUAL LEAVE TO WHICH HE IS ENTITLED. * * *

THE PERIOD OF MILITARY LEAVE HEREIN INVOLVED MAY BE CONSIDERED AS HAVING THE EFFECT OR MERELY INTERRUPTING, FROM JULY 10 TO JULY 24, 1948, THE ANNUAL LEAVE GRANTED UNDER THE REGULATION, SUPRA, THUS PERMITTING THE EMPLOYEE TO REVERT TO AN ANNUAL LEAVE STATUS AT THE TERMINATION OF THE MILITARY LEAVE, RATHER THAN AS REQUIRING THAT A LUMP SUM PAYMENT FOR RESULTING LEAVE TO THE EMPLOYEE'S CREDIT BE DELAYED UNTIL JULY 1, 1949--- THE DATE ADMINISTRATIVELY FIXED FOR THE EMPLOYEE TO BE FINALLY AND COMPLETELY SEPARATED FROM THE SERVICE UPON THE EXPIRATION OF THE FURLOUGH WITHOUT PAY PERIOD. ACCORDINGLY, THE EMPLOYEE MAY BE RESTORED TO THE ROLLS IN AN ANNUAL LEAVE STATUS AS OF THE EXPIRATION OF HIS MILITARY LEAVE OF ABSENCE.