B-94991, MAY 24, 1950, 29 COMP. GEN. 478

B-94991: May 24, 1950

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LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS - JUSTICE DEPARTMENT EMPLOYEES TRANSFERRED TO POSITIONS WITH FEDERAL JUDGES WHENEVER IT IS EVIDENT. 1950: REFERENCE IS MADE TO YOUR LETTER OF APRIL 26. WHO IS STATED TO HAVE RESIGNED. IT IS FURTHER STATED THAT AT THE TIME OF HER RESIGNATION SHE HAD TO HER CREDIT 90 DAYS' ANNUAL LEAVE. DISCLOSE THAT RECOMMENDATIONS WITH RESPECT TO ANNUAL LEAVE RECORDS WERE ADOPTED BY THE JUDICIAL CONFERENCE OF SEPTEMBER 22 TO 24. - THE CONFERENCE WAS ADVISED THAT UNDER THE RULINGS OF THE COMPTROLLER GENERAL OF THE UNITED STATES IT IS NECESSARY. IT WAS THE VIEW OF THE COMMITTEE THAT BECAUSE OF THE VARIANT AND PECULIAR CIRCUMSTANCES INCIDENT TO EMPLOYMENT OF THIS TYPE.

B-94991, MAY 24, 1950, 29 COMP. GEN. 478

LEAVES OF ABSENCE - ANNUAL - LUMP-SUM PAYMENTS - JUSTICE DEPARTMENT EMPLOYEES TRANSFERRED TO POSITIONS WITH FEDERAL JUDGES WHENEVER IT IS EVIDENT, AT THE TIME AN EMPLOYEE OF THE DEPARTMENT OF JUSTICE TRANSFERS TO THE JUDICIAL BRANCH OF THE GOVERNMENT, AS A CLERK OR SECRETARY TO A FEDERAL JUDGE, THAT THE JUDGE DOES NOT INTEND TO KEEP LEAVE RECORDS OF SUCH EMPLOYEE, THE TRANSFERRED EMPLOYEE SHOULD BE PAID A LUMP SUM UNDER THE ACT OF DECEMBER 21, 1944, FOR ACCUMULATED ANNUAL LEAVE FROM FUNDS AVAILABLE TO THE DEPARTMENT OF JUSTICE.

COMPTROLLER GENERAL WARREN TO THE ATTORNEY GENERAL, MAY 24, 1950:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 26, 1950, PRESENTING FOR DECISION CERTAIN QUESTIONS ARISING UNDER THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, AS AMENDED, AND THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, 846, WITH RESPECT TO THE TRANSFER OF ACCUMULATED ANNUAL LEAVE, OR TO THE LUMP-SUM PAYMENT THEREFOR, IN CONNECTION WITH THE TRANSFER OF EMPLOYEES OF THE DEPARTMENT OF JUSTICE TO POSITIONS IN THE JUDICIAL BRANCH AS CLERKS OR SECRETARIES TO FEDERAL JUDGES. YOUR LETTER REFERS PARTICULARLY TO THE CASE OF MRS. MAE W. LONG, FORMER STENOGRAPHER IN THE OFFICE OF THE UNITED STATES ATTORNEY, NEW YORK, NEW YORK, WHO IS STATED TO HAVE RESIGNED, EFFECTIVE JANUARY 7, 1950, TO ACCEPT A POSITION AS SECRETARY TO UNITED STATES DISTRICT JUDGE JOHN F. X. MCGOHEY, ON JANUARY 9, 1950. IT IS FURTHER STATED THAT AT THE TIME OF HER RESIGNATION SHE HAD TO HER CREDIT 90 DAYS' ANNUAL LEAVE.

EXCERPTS FROM BULLETIN NO. 382, DECEMBER 29, 1949, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, DISCLOSE THAT RECOMMENDATIONS WITH RESPECT TO ANNUAL LEAVE RECORDS WERE ADOPTED BY THE JUDICIAL CONFERENCE OF SEPTEMBER 22 TO 24, 1949, AS FOLLOWS:

LAW CLERKS AND SECRETARIES--- ANNUAL AND SICK LEAVE--- THE CONFERENCE WAS ADVISED THAT UNDER THE RULINGS OF THE COMPTROLLER GENERAL OF THE UNITED STATES IT IS NECESSARY, IN ORDER FOR THESE EMPLOYEES TO BE ELIGIBLE TO RECEIVE LUMP-SUM PAYMENTS FOR THEIR ACCUMULATED ANNUAL LEAVE, THAT PROPER RECORDS SHOWING THE NUMBER OF HOURS WORKED, THE AMOUNT OF LEAVE EARNED, THE AMOUNT OF LEAVE TAKEN, ETC., BE MAINTAINED ON A CURRENT BASIS. IT WAS THE VIEW OF THE COMMITTEE THAT BECAUSE OF THE VARIANT AND PECULIAR CIRCUMSTANCES INCIDENT TO EMPLOYMENT OF THIS TYPE, IT WAS NOT DESIRABLE TO INAUGURATE A SYSTEM WHEREBY RIGID HOURS MUST BE ADHERED TO, BUT, IF THESE EMPLOYEES ARE TO RECEIVE SUCH BENEFITS, COMPLIANCE WITH THE RULINGS OF THE COMPTROLLER GENERAL IS A PRIME REQUISITE, AND, THEREFORE, PROPER LEAVE RECORDS, KEPT ON A CURRENT BASIS, MUST BE MAINTAINED.

PURSUANT TO THE RECOMMENDATIONS OF THE COMMITTEE, WHICH WERE ADOPTED BY THE CONFERENCE, THE DIRECTOR WAS INSTRUCTED NOT TO APPROVE CLAIMS FOR ACCUMULATED LEAVE BENEFITS UNLESS THE CLAIMS ARE SUPPORTED BY PROPER RECORDS, KEPT IN THE REGULAR COURSE OF BUSINESS, AND SUCH RECORDS ARE PRODUCED FROM TIME TO TIME FOR INSPECTION BY THE EXAMINERS OF THE OFFICES OF THE COURTS.

THE CONFERENCE FURTHER DIRECTED THAT THE DIRECTOR INFORM THE VARIOUS JUDGES CONCERNED THAT CLAIMS FOR LUMP-SUM PAYMENTS FOR FUTURE ACCUMULATIONS OF LEAVE WILL NOT BE APPROVED BY HIM WHERE THE REQUIRED RECORDS ARE NOT MAINTAINED.

YOUR LETTER DISCLOSES THAT JUSTICE MCGOHEY HAS STATED THAT LEAVE RECORDS WILL NOT BE KEPT FOR HIS SECRETARY, MRS. LONG, AND THAT THERE ARE OTHER CASES IN WHICH JUDGES HAVE NOT YET DECIDED WHETHER RECORDS WILL BE KEPT IN ACCORDANCE WITH THE RECOMMENDATIONS ADOPTED BY THE CONFERENCE. IN VIEW THEREOF, THERE ARE SUBMITTED THE FOLLOWING QUESTIONS:

1. IN THE CIRCUMSTANCES OF THE LONG CASE, IS THE EMPLOYEE ENTITLED TO PAYMENT FOR HER ACCUMULATED ANNUAL LEAVE AT THIS TIME?

2. IF SO, SHOULD PAYMENT BE MADE BY THIS DEPARTMENT OR BY THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURT?

3. WHAT COURSE SHOULD BE FOLLOWED WHEN A JUDGE DEFERS UNTIL A LATER TIME HIS DECISION AS TO WHETHER OR NOT HE WILL KEEP RECORDS?

4. WHAT COURSE SHOULD BE FOLLOWED WHEN THE JUDGE DECIDES AT THE OUTSET THAT "FOR THE TIME EING" HE WILL NOT KEEP RECORDS?

WHENEVER IT IS EVIDENT, AT THE TIME OF TRANSFER OF AN EMPLOYEE OF THE DEPARTMENT OF JUSTICE TO THE JUDICIAL BRANCH TO ACCEPT A POSITION AS CLERK OR SECRETARY TO A JUDGE, THAT SUCH JUDGE DOES NOT PROPOSE IMMEDIATELY TO KEEP OR ESTABLISH LEAVE RECORDS IN ACCORDANCE WITH THE RULE ADOPTED BY THE JUDICIAL CONFERENCE, THE TRANSFERRED EMPLOYEE SHOULD BE PAID FOR ACCUMULATED ANNUAL LEAVE FROM FUNDS AVAILABLE TO THE DEPARTMENT OF JUSTICE, EFFECTIVE AS OF THE DATE OF TRANSFER OR SEPARATION FROM THE DEPARTMENT. ACCORDINGLY, IN THE CASE OF MRS. LONG, PAYMENT SHOULD BE MADE FOR LEAVE ACCUMULATED TO HER CREDIT AS OF JANUARY 7, 1950. THE QUESTIONS PRESENTED ARE ANSWERED ACCORDINGLY.