B-86403, JUNE 6, 1949, 28 COMP. GEN. 692

B-86403: Jun 6, 1949

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IS APPLICABLE TO ALL CIVILIAN EMPLOYEES WHEREVER STATIONED. 1949: REFERENCE IS MADE TO YOUR LETTER OF MAY 13. THAT THE MAJORITY OF YOUR EMPLOYEES ARE SUBJECT TO THE 26 DAYS A YEAR AND THE 90- DAY ACCUMULATION BECAUSE OF THE PROVISIONS OF SECTION 5 OF THE ACT OF MARCH 14. IS BY ITS TERMS APPLICABLE TO "ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHEREVER STATIONED. THERE IS NO AUTHORITY TO GRANT EMPLOYEES OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES ANY ANNUAL LEAVE RIGHTS IN EXCESS OF THOSE PROVIDED IN THE ACT OF 1936 AND THE REGULATIONS ISSUED THEREUNDER BY THE UNITED STATES CIVIL SERVICE COMMISSION. 26 COMP. IT MUST BE HELD THAT THE ADOPTION OF SUCH REGULATIONS IS NOT AUTHORIZED.

B-86403, JUNE 6, 1949, 28 COMP. GEN. 692

LEAVES OF ABSENCE - ANNUAL - FOREIGN DIFFERENTIAL - ENLARGEMENT OF LEAVE RIGHTS THE ANNUAL LEAVE ACT OF MARCH 14, 1936, WHILE PROVIDING BY SECTION 5 THEREOF FOR THE CONTINUANCE OF ANY EXISTING LEAVE DIFFERENTIAL FOR EMPLOYEES STATIONED OUTSIDE CONTINENTAL UNITED STATES, IS APPLICABLE TO ALL CIVILIAN EMPLOYEES WHEREVER STATIONED, AND DOES NOT AUTHORIZE THE GRANTING OF ANY ANNUAL LEAVE RIGHTS TO SUCH EMPLOYEES IN EXCESS OF THOSE PROVIDED IN THE ACT AND REGULATIONS ISSUED THEREUNDER, SO THAT A FOREIGN LEAVE DIFFERENTIAL ENJOYED BY EMPLOYEES OF A PARTICULAR DEPARTMENTAL BUREAU PRIOR TO MARCH 14, 1936, MAY NOT BE ENLARGED BY ADMINISTRATIVE REGULATION TO BRING THEM IN LINE WITH EMPLOYEES OF OTHER BUREAUS HAVING DIFFERENT FOREIGN SERVICE LEAVE RIGHTS.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF COMMERCE, JUNE 6, 1949:

REFERENCE IS MADE TO YOUR LETTER OF MAY 13, 1949, REQUESTING DECISION WHETHER YOU MAY PROMULGATE REGULATIONS ESTABLISHING A UNIFORM LEAVE POLICY GOVERNING ALL EMPLOYEES OF YOUR DEPARTMENT STATIONED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES AUTHORIZING 26 DAYS' ANNUAL LEAVE EACH YEAR WITH A MAXIMUM ACCUMULATION OF 90 DAYS. YOU STATE THAT AT THE PRESENT TIME ANNUAL LEAVE DIFFERENTIALS VARY AMONG THE VARIOUS BUREAUS OF YOUR DEPARTMENT; THAT THE ALLOWANCE OF LEAVE MAY BE FROM 26 TO 30 DAYS A YEAR WITH A MAXIMUM ACCUMULATION VARYING FROM 60 TO 90 DAYS; THAT THE MAJORITY OF YOUR EMPLOYEES ARE SUBJECT TO THE 26 DAYS A YEAR AND THE 90- DAY ACCUMULATION BECAUSE OF THE PROVISIONS OF SECTION 5 OF THE ACT OF MARCH 14, 1936, 49 STAT. 1161, READING AS FOLLOWS:

NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT THE CONTINUANCE OF ANY EXISTING LEAVE DIFFERENTIAL NOW OBTAINING FOR THE BENEFIT OF EMPLOYEES OF THE FEDERAL GOVERNMENT STATIONED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.

THE ACT OF MARCH 14, 1936, IS BY ITS TERMS APPLICABLE TO "ALL CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES WHEREVER STATIONED," AND, EXCEPT FOR SAVING PROVISION OF SECTION 5, SUPRA, THERE IS NO AUTHORITY TO GRANT EMPLOYEES OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES ANY ANNUAL LEAVE RIGHTS IN EXCESS OF THOSE PROVIDED IN THE ACT OF 1936 AND THE REGULATIONS ISSUED THEREUNDER BY THE UNITED STATES CIVIL SERVICE COMMISSION. 26 COMP. GEN. 168. ACCORDINGLY, IT WOULD NOT BE PERMISSIBLE TO ENLARGE BY REGULATION THE FOREIGN DIFFERENTIAL ENJOYED BY THE EMPLOYEES OF ANY PARTICULAR BUREAU OF YOUR DEPARTMENT PRIOR TO MARCH 14, 1936, AND AS THIS APPEARS THE PRINCIPAL RESULT TO BE ACCOMPLISHED BY THE PROPOSED UNIFORM REGULATIONS, IT MUST BE HELD THAT THE ADOPTION OF SUCH REGULATIONS IS NOT AUTHORIZED.