B-159563, MAR 17, 1972
Highlights
NATIONAL LABOR RELATIONS BOARD: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3. ARE ELIGIBLE FOR MILITARY LEAVE WITH PAY UP TO 15 DAYS PER YEAR AS AUTHORIZED BY 5 U.S.C. 6323. THERE IS NO BASIS FOR GRANTING MILITARY LEAVE WITH PAY TO LAW CLERK TRAINEES PRIOR TO CONVERSION OF THEIR APPOINTMENTS TO PERMANENT APPOINTMENTS.
B-159563, MAR 17, 1972
PRECIS-UNAVAILABLE
EDWARD B. MILLER, NATIONAL LABOR RELATIONS BOARD:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3, 1971, REQUESTING OUR DECISION AS TO WHETHER OR NOT EMPLOYEES SERVING IN THE POSITION OF LAW CLERK TRAINEE UNDER SCHEDULE A, 5 CFR SECTION 213.3102(E), ARE ELIGIBLE FOR MILITARY LEAVE WITH PAY UP TO 15 DAYS PER YEAR AS AUTHORIZED BY 5 U.S.C. 6323.
IN OUR DECISION OF OCTOBER 27, 1971, B-173997, COPY ENCLOSED, WE CONSIDERED STATUS OF THE LAW CLERK TRAINEE. WE CONCLUDED THAT EXTENSION OF THE LAW CLERK APPOINTMENTS TO 14 MONTHS DID NOT CHANGE THE NATURE OF THOSE APPOINTMENTS TO PERMANENT OR TEMPORARY INDEFINITE.
IN VIEW OF THIS DECISION AND OUR PREVIOUS DECISION REGARDING LAW CLERK TRAINEES EMPLOYED BY YOUR AGENCY, B-154080 DATED JULY 16, 1964, THERE IS NO BASIS FOR GRANTING MILITARY LEAVE WITH PAY TO LAW CLERK TRAINEES PRIOR TO CONVERSION OF THEIR APPOINTMENTS TO PERMANENT APPOINTMENTS.