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B-141091, DEC. 21, 1959

B-141091 Dec 21, 1959
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IN ANY EVENT YOU FEEL YOU ARE STILL ENTITLED TO A LUMP-SUM PAYMENT FOR YOUR ANNUAL LEAVE BECAUSE SUCH PAYMENTS HAD PREVIOUSLY BEEN PERMITTED UNDER OUR DECISIONS IN 29 COMP. TO THE ATTORNEY GENERAL WE NO LONGER CONSIDER THE ABOVE DECISIONS APPLICABLE TO THE COURT OF CLAIMS BECAUSE WE NOW HAVE BEEN MADE AWARE THAT THE COURT MAINTAINS LEAVE RECORDS AND OTHERWISE FOLLOWS THE SAME LEAVE SYSTEM AS SET FORTH IN THE ANNUAL AND SICK LEAVE ACT OF 1951. THERE NOW IS NO BASIS FOR NOT APPLYING SUCH ACT IN ALL RESPECTS TO EMPLOYEES OF THE COURT OF CLAIMS. YOU MAY BE INTERESTED TO KNOW THAT WE INFORMALLY HAVE BEEN ADVISED BY THE DEPARTMENT OF JUSTICE THAT THE MATTER OF CREDITING YOU WITH THE LEAVE EARNED BY YOU IN THE COURT OF CLAIMS IN ACCORDANCE WITH OUR RECOMMENDATION IS STILL UNDER CONSIDERATION.

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B-141091, DEC. 21, 1959

TO MR. FRANCIS J. WILSON:

YOUR LETTER OF DECEMBER 11, 1959, REQUESTS REVIEW OF THE ACTION TAKEN IN OUR LETTER OF DECEMBER 1, 1959, IN DENYING YOUR CLAIM FOR PAYMENT FOR ANNUAL LEAVE TO YOUR CREDIT IN THE COURT OF CLAIMS UPON YOUR TRANSFER TO THE DEPARTMENT OF JUSTICE EFFECTIVE NOVEMBER 21, 1957, WITHOUT A BREAK IN SERVICE.

ON THE SAME DATE, NAMELY, DECEMBER 1, 1959, WE WROTE THE ATTORNEY GENERAL AND RECOMMENDED THAT YOU BE CREDITED WITH THE ANNUAL LEAVE YOU HAD ACCRUED. HOWEVER, YOUR PRESENT LETTER INDICATES THAT THE DEPARTMENT OF JUSTICE HAS NOT AS YET CREDITED YOU WITH SUCH LEAVE. IN ANY EVENT YOU FEEL YOU ARE STILL ENTITLED TO A LUMP-SUM PAYMENT FOR YOUR ANNUAL LEAVE BECAUSE SUCH PAYMENTS HAD PREVIOUSLY BEEN PERMITTED UNDER OUR DECISIONS IN 29 COMP. GEN. 478 AND 34 COMP. GEN. 478.

AS EXPLAINED IN OUR LETTER OF DECEMBER 1, 1959, TO THE ATTORNEY GENERAL WE NO LONGER CONSIDER THE ABOVE DECISIONS APPLICABLE TO THE COURT OF CLAIMS BECAUSE WE NOW HAVE BEEN MADE AWARE THAT THE COURT MAINTAINS LEAVE RECORDS AND OTHERWISE FOLLOWS THE SAME LEAVE SYSTEM AS SET FORTH IN THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED.

THUS, THERE NOW IS NO BASIS FOR NOT APPLYING SUCH ACT IN ALL RESPECTS TO EMPLOYEES OF THE COURT OF CLAIMS.

THEREFORE, UPON THE PRESENT STATE OF THE RECORD WE MUST ADHERE TO OUR ACTION IN DENYING YOUR CLAIM FOR A LUMP-SUM PAYMENT FOR THE ANNUAL LEAVE ACCRUED IN YOUR POSITION IN THE COURT OF CLAIMS.

YOU MAY BE INTERESTED TO KNOW THAT WE INFORMALLY HAVE BEEN ADVISED BY THE DEPARTMENT OF JUSTICE THAT THE MATTER OF CREDITING YOU WITH THE LEAVE EARNED BY YOU IN THE COURT OF CLAIMS IN ACCORDANCE WITH OUR RECOMMENDATION IS STILL UNDER CONSIDERATION.

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