B-133972, JUN 2, 1975, 54 COMP GEN 999

B-133972: Jun 2, 1975

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INTERMITTENT AND TEMPORARY EMPLOYEES TEMPORARY LIMITED EMPLOYEES OF THE FEDERAL GOVERNMENT ARE NOT ELIGIBLE FOR MILITARY LEAVE AS AUTHORIZED BY 5 U.S.C. 6323. 1975: THIS DECISION IS IN RESPONSE TO A GRIEVANCE BY MR. LANE STATES THAT HE WAS DENIED MILITARY LEAVE BY HIS EMPLOYER. LANE WAS EMPLOYED BY THE BOSTON NAVAL SHIPYARD. LANE IS A STAFF SERGEANT IN THE UNITED STATES ARMY RESERVES. ALTHOUGH WE DO NOT HAVE BEFORE US CERTIFICATE INDICATING MR. SUCH A CERTIFICATE IS NOT NECESSARY FOR THE PURPOSES OF THIS DECISION. LANE REQUESTED AND WAS DENIED MILITARY LEAVE FOR THE PERIOD OF HIS ANNUAL TRAINING. AS A CONSEQUENCE HE USED 11 DAYS OF ANNUAL LEAVE WHICH HE CLAIMS SHOULD HAVE BEEN MILITARY LEAVE AND NOT CHARGED AGAINST HIS LEAVE RECORD.

B-133972, JUN 2, 1975, 54 COMP GEN 999

LEAVES OF ABSENCE - CIVILIANS ON MILITARY DUTY - ENTITLEMENT - PART TIME, INTERMITTENT AND TEMPORARY EMPLOYEES TEMPORARY LIMITED EMPLOYEES OF THE FEDERAL GOVERNMENT ARE NOT ELIGIBLE FOR MILITARY LEAVE AS AUTHORIZED BY 5 U.S.C. 6323.

IN THE MATTER OF A REQUEST BY TEMPORARY EMPLOYEE FOR MILITARY LEAVE, JUNE 2, 1975:

THIS DECISION IS IN RESPONSE TO A GRIEVANCE BY MR. CHARLES E. LANE, 1018 ESSEX STREET, LAWRENCE, MASSACHUSETTS. MR. LANE STATES THAT HE WAS DENIED MILITARY LEAVE BY HIS EMPLOYER, THE PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NEW HAMPSHIRE.

MR. LANE WAS EMPLOYED BY THE BOSTON NAVAL SHIPYARD, BOSTON, MASSACHUSETTS, UNTIL JUNE 28, 1974, AT WHICH TIME HIS EMPLOYMENT CEASED DUE TO A REDUCTION IN FORCE CAUSED BY CLOSURE OF THE BASE. EFFECTIVE JULY 1, 1974, MR. LANE RECEIVED A TEMPORARY APPOINTMENT WITH THE PORTSMOUTH NAVAL SHIPYARD WHICH HAD A TERMINATION DATE OF SEPTEMBER 30, 1974.

MR. LANE IS A STAFF SERGEANT IN THE UNITED STATES ARMY RESERVES. RECEIVED ORDERS SENDING HIM TO ANNUAL TRAINING FOR THE PERIOD OF AUGUST 18 THROUGH 31, 1974. ALTHOUGH WE DO NOT HAVE BEFORE US CERTIFICATE INDICATING MR. LANE'S COMPLETION OF SERVICE FOR THAT PERIOD, SUCH A CERTIFICATE IS NOT NECESSARY FOR THE PURPOSES OF THIS DECISION. MR. LANE REQUESTED AND WAS DENIED MILITARY LEAVE FOR THE PERIOD OF HIS ANNUAL TRAINING. AS A CONSEQUENCE HE USED 11 DAYS OF ANNUAL LEAVE WHICH HE CLAIMS SHOULD HAVE BEEN MILITARY LEAVE AND NOT CHARGED AGAINST HIS LEAVE RECORD.

OUR OFFICE HAS PREVIOUSLY HELD THAT THE CONGRESS, IN RESTRICTING ELIGIBILITY FOR MILITARY LEAVE TO "PERMANENT AND TEMPORARY INDEFINITE" EMPLOYEES (5 U.S.C. SEC. 6323 (1970)), EXCLUDED FROM ELIGIBILITY EMPLOYEES HAVING PART-TIME, INTERMITTENT, AND TEMPORARY APPOINTMENTS FOR PERIODS OF LESS THAN 1 YEAR. 46 COMP. GEN. 72, 73 (1966). ALTHOUGH MR. LANE HAD PREVIOUSLY BEEN ELIGIBLE FOR MILITARY LEAVE, AS A RESULT OF HIS REMOVAL DURING A REDUCTION IN FORCE, HE LOST THAT ELIGIBILITY. HIS SUBSEQUENT TEMPORARY APPOINTMENT FOR LESS THAN 1 YEAR DOES NOT CARRY WITH IT ELIGIBILITY FOR MILITARY LEAVE.

IN VIEW OF THE ABOVE, MR. LANE'S REQUEST FOR MILITARY LEAVE WITH PAY AND RESTORATION OF HIS ANNUAL LEAVE IS DENIED.