B-84147, APRIL 6, 1949, 28 COMP. GEN. 555

B-84147: Apr 6, 1949

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STATING THAT THERE IS IN EFFECT IN THE DIFFERENT BUREAUS OF YOUR DEPARTMENT A LEAVE DIFFERENTIAL UNDER WHICH PERMANENT EMPLOYEES STATIONED OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES MAY ACCUMULATE A MAXIMUM OF 720 HOURS' ANNUAL LEAVE. ADVICE IS REQUESTED AS TO WHETHER THE MAXIMUM ACCUMULATION SHOULD BE SET AT (A). REFERENCE IS MADE TO THE CASE OF AN EMPLOYEE WHO WAS ASSIGNED TO SWAN ISLANDS IN THE CARIBBEAN AREA FOR THE PERIOD SEPTEMBER 22. IT IS STATED THAT HIS LEAVE BALANCES. WERE AS FOLLOWS: JANUARY 1. YOUR SUBMISSION FAILS TO STATE WHETHER THE EMPLOYEES ENTITLED TO THE FOREIGN LEAVE DIFFERENTIAL IN THE MATTER OF ACCUMULATION ARE REQUIRED OTHERWISE TO COMPLY WITH THE ANNUAL AND SICK LEAVE REGULATIONS PROMULGATED UNDER THE 1936 LEAVE ACTS BUT.

B-84147, APRIL 6, 1949, 28 COMP. GEN. 555

LEAVES OF ABSENCE - ANNUAL - MAXIMUM ACCRUAL - TRANSFER FROM FOREIGN LEAVE DIFFERENTIAL POSITION TO POSITION IN U.S. AN EMPLOYEE STATIONED OUTSIDE CONTINENTAL UNITED STATES AND HAVING AN ACCUMULATION OF ANNUAL LEAVE IN EXCESS OF THE 480-HOUR MAXIMUM ACCRUAL ALLOWABLE IN THE UNITED STATES BY VIRTUE OF A FOREIGN LEAVE DIFFERENTIAL PERMITTING A MAXIMUM ACCRUAL OF 720 HOURS WOULD BE ENTITLED, UPON TRANSFER TO A POSITION WITHIN THE UNITED STATES ON DECEMBER 20, 1947, TO BE CREDITED WITH THE AMOUNT OF LEAVE TO HIS CREDIT ON JANUARY 1, 1947, PLUS ANY UNUSED ACCRUALS UP TO THE DATE OF TRANSFER (SUBJECT TO THE 720-HOUR MAXIMUM), BUT SUCH ACCUMULATION CANNOT BE INCREASED WHILE IN THE UNITED STATES BY SUBSEQUENT ACCRUALS. SEE 27 COMP. GEN. 120.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, APRIL 6, 1949:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 1, 1949, STATING THAT THERE IS IN EFFECT IN THE DIFFERENT BUREAUS OF YOUR DEPARTMENT A LEAVE DIFFERENTIAL UNDER WHICH PERMANENT EMPLOYEES STATIONED OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES MAY ACCUMULATE A MAXIMUM OF 720 HOURS' ANNUAL LEAVE, AND REQUESTING A DECISION RESPECTING THE PROPER HANDLING OF SUCH LEAVE ACCOUNTS UPON AN EMPLOYEE'S TRANSFER TO A POSITION WITHIN THE UNITED STATES. IN THAT CONNECTION, ADVICE IS REQUESTED AS TO WHETHER THE MAXIMUM ACCUMULATION SHOULD BE SET AT (A), 480 HOURS, (B), HIS ACCUMULATION AT TIME OF REASSIGNMENT, (C), HIS ACCUMULATION PLUS ACCRUAL AT TIME OF REASSIGNMENT, OR (D), HIS ACCUMULATION AT THE BEGINNING OF THE CALENDAR YEAR FOLLOWING WHICH REASSIGNED.

IN YOUR LETTER, REFERENCE IS MADE TO THE CASE OF AN EMPLOYEE WHO WAS ASSIGNED TO SWAN ISLANDS IN THE CARIBBEAN AREA FOR THE PERIOD SEPTEMBER 22, 1946, TO DECEMBER 20, 1947, AND IT IS STATED THAT HIS LEAVE BALANCES, SO FAR AS HERE PERTINENT, WERE AS FOLLOWS: JANUARY 1, 1947, 474 HOURS; JULY 25, 1947, 591 HOURS; DECEMBER 20, 1947, 676 HOURS; AND JANUARY 1, 1948, 682 HOURS.

YOUR SUBMISSION FAILS TO STATE WHETHER THE EMPLOYEES ENTITLED TO THE FOREIGN LEAVE DIFFERENTIAL IN THE MATTER OF ACCUMULATION ARE REQUIRED OTHERWISE TO COMPLY WITH THE ANNUAL AND SICK LEAVE REGULATIONS PROMULGATED UNDER THE 1936 LEAVE ACTS BUT, FOR THE PURPOSES OF THIS DECISION, IT IS ASSUMED THAT THEY ARE SO REQUIRED. UPON THE TRANSFER TO THIS COUNTRY OF AN EMPLOYEE HAVING AN ACCUMULATION OF LEAVE UNDER A FOREIGN DIFFERENTIAL, A SITUATION ARISES VERY SIMILAR TO THAT OCCASIONED BY THE ACT OF JULY 25, 1947, 61 STAT. 451, 453, WHICH REDUCED THE MAXIMUM ACCUMULATION OF ANNUAL LEAVE UNDER THE 1936 ACT, AS AMENDED, FROM 90 TO 60 DAYS. IN THAT SITUATION IT WAS HELD IN OFFICE DECISION OF AUGUST 25, 1947, 27 COMP. GEN. 120, AS FOLLOWS. (QUOTING FROM THE SYLLABUS):

APPLYING THE 90-DAY MAXIMUM ANNUAL LEAVE ACCUMULATION PROVISIONS OF THE ACT OF DECEMBER 17, 1942, AS AFFECTED BY TERMINATION THEREOF BY SECTION 3 OF THE ACT OF JULY 25, 1947, THUS RESTORING THE PREVIOUSLY EXISTING 60-DAY LIMITATION, THE MAXIMUM ANNUAL LEAVE WHICH MAY BE CREDITED AT THE BEGINNING OF THE CALENDAR YEAR 1948 (SUBJECT TO THE 90 DAY LIMITATION) TO EMPLOYEES WHO HAD 60 OR MORE DAYS OF LEAVE CREDIT AS OF JULY 24, 1947, IS THE TOTAL LEAVE ACCUMULATED ON JANUARY 1, 1947, PLUS AN ACCRUAL THEREAFTER TO JULY 24, 1947, WHICH HAD NOT BEEN USED TO THE DATE. 25 COMP. GEN. 341, AMPLIFIED. ( AMPLIFIED BY 27 COMP. GEN. 301; ID. 373.)

APPLYING THE REASONING OF THAT DECISION TO THE SITUATION PRESENTED BY YOU, THE EMPLOYEE UPON HIS TRANSFER TO THE UNITED STATES, DECEMBER 20, 1947, WOULD BE ENTITLED TO TRANSFER TO HIS CREDIT IN THE NEW POSITION THE AMOUNT OF LEAVE TO HIS CREDIT JANUARY 1, 1947, PLUS ANY ACCRUALS UP TO DECEMBER 20, 1947, WHICH HAD NOT BEEN USED (SUBJECT, OF COURSE, TO THE 720 -HOUR MAXIMUM), WHICH, IN THE CASE OF THE SWAN ISLANDS EMPLOYEE REFERRED TO ABOVE, APPARENTLY WAS 676 HOURS. AS THAT AMOUNT EXCEEDS THE ACCUMULATION ALLOWABLE IN THE UNITED STATES IT CAN NOT BE INCREASED WHILE IN THIS COUNTRY BY SUBSEQUENT ACCRUALS AND ACCORDINGLY HIS LEAVE BALANCE AS OF JANUARY 1, 1948, WOULD BE 676 HOURS AND NOT 682 HOURS AS STATED BY YOU.

WITH RESPECT TO YOUR QUESTION AS TO THE LEAVE ACCUMULATION IF THIS EMPLOYEE HAD BEEN REASSIGNED AS OF FEBRUARY 21, 1948, INSTEAD OF DECEMBER 20, 1947, IT MAY BE STATED THAT IF THE EMPLOYEE HAD TO HIS CREDIT AT HIS FOREIGN STATION AS OF FEBRUARY 21, 1948, A TOTAL OF 712 HOURS, AS STATED IN YOUR SUBMISSION, THAT TOTAL CREDIT WOULD HAVE BEEN TRANSFERABLE TO HIS CREDIT IN THIS COUNTRY AND WOULD HAVE CONSTITUTED HIS MAXIMUM LEAVE ACCUMULATION CREDIT WHILE REMAINING IN THE UNITED STATES.