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B-167975, SEP. 1, 1970

B-167975 Sep 01, 1970
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ANNUAL LEAVE STATUS DECISION ADVISING THAT ALTHOUGH THERE IS NOTHING IN THE PRESENT LEAVE REGULATIONS SPECIFICALLY INTENDED TO COVER AN EMPLOYEE WHO IS GIVEN LEAVE WITHOUT PAY TO ACCEPT A FULL TIME. IT IS REASONABLE TO APPLY THE SAME APPLICABLE PROCEDURES AS IN A TRANSFER BETWEEN POSITIONS. (CIVIL SERVICE REGULATIONS 630.501 AND 630.502) SINCE THE EMPLOYEE IS NOT BEING SEPARATED FROM GOVERNMENT SERVICE. ALSO SINCE THE EMPLOYEE IS CONTINUOUSLY SERVING WITHOUT A BREAK IN SERVICE. HE WILL CONTINUE TO EARN ANNUAL LEAVE IN THE TEMPORARY APPOINTMENT WITHOUT SERVING ANOTHER 90-DAY QUALIFYING PERIOD. HAMPTON: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 10. SPECIFIC INSTRUCTIONS TO THIS EFFECT ARE CONTAINED IN FEDERAL PERSONNEL MANUAL SUPPLEMENT 870-1 ON LIFE INSURANCE.

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B-167975, SEP. 1, 1970

ANNUAL LEAVE STATUS DECISION ADVISING THAT ALTHOUGH THERE IS NOTHING IN THE PRESENT LEAVE REGULATIONS SPECIFICALLY INTENDED TO COVER AN EMPLOYEE WHO IS GIVEN LEAVE WITHOUT PAY TO ACCEPT A FULL TIME, THREE MONTH TEMPORARY APPOINTMENT, IT IS REASONABLE TO APPLY THE SAME APPLICABLE PROCEDURES AS IN A TRANSFER BETWEEN POSITIONS. (CIVIL SERVICE REGULATIONS 630.501 AND 630.502) SINCE THE EMPLOYEE IS NOT BEING SEPARATED FROM GOVERNMENT SERVICE. ALSO SINCE THE EMPLOYEE IS CONTINUOUSLY SERVING WITHOUT A BREAK IN SERVICE, HE WILL CONTINUE TO EARN ANNUAL LEAVE IN THE TEMPORARY APPOINTMENT WITHOUT SERVING ANOTHER 90-DAY QUALIFYING PERIOD.

TO MR. HAMPTON:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 10, 1970, REQUESTING OUR DECISION AS TO HOW LEAVE ACCOUNTS SHOULD BE HANDLED WHEN AN EMPLOYEE HOLDS TWO POSITIONS AT THE SAME TIME, BEING ON LEAVE WITHOUT PAY FROM ONE WHILE WORKING IN THE OTHER.

YOU STATE THAT AN EMPLOYEE HAS BEEN GIVEN LEAVE WITHOUT PAY FROM HIS REGULAR FULL-TIME POSITION IN ORDER TO ACCEPT A FULL-TIME, 3-MONTH TEMPORARY APPOINTMENT IN ANOTHER AGENCY. FOR CERTAIN PURPOSES THE TEMPORARY APPOINTMENT WOULD BE TREATED AS A CONTINUATION OF THE EXISTING EMPLOYMENT. SPECIFIC INSTRUCTIONS TO THIS EFFECT ARE CONTAINED IN FEDERAL PERSONNEL MANUAL SUPPLEMENT 870-1 ON LIFE INSURANCE, AT PAGE 8.02 (SECTION S2-6B); SUPPLEMENT 890-1 ON FEDERAL EMPLOYEES HEALTH BENEFITS, AT PAGE 30 (SECTION S8-4E); AND SUPPLEMENT 831-1 ON RETIREMENT AT PAGE 6 (SECTION S2- 4A(1)). YOU EXPRESS THE OPINION THAT, WHILE THERE IS NOTHING IN THE PRESENT LEAVE REGULATIONS SPECIFICALLY INTENDED TO COVER THIS SITUATION, YOU BELIEVE IT WOULD BE REASONABLE TO APPLY THE SAME PROCEDURES AS IN A TRANSFER BETWEEN POSITIONS (CIVIL SERVICE REGULATIONS 630.501 AND 630.502).

THE EMPLOYEE HAS BEEN GIVEN LEAVE WITHOUT PAY FROM HIS FULL-TIME POSITION AND, THEREFORE, WILL NOT BE SEPARATED. SUCH ACTION AND THE TEMPORARY APPOINTMENT WITH THE SECOND AGENCY IN EFFECT RESULT IN TRANSFERS FROM AND TO THE EMPLOYEE'S FULL-TIME POSITION. WE, THEREFORE, AGREE THAT THE LEAVE ACCOUNTS SHOULD BE HANDLED IN ACCORDANCE WITH THE PROCEDURES APPLICABLE TO ACTUAL TRANSFERS. ALSO, SINCE THE EMPLOYEE WILL BE CONTINOUSLY EMPLOYED WITHOUT ANY BREAK IN SERVICE, HE WILL CONTINUE TO EARN ANNUAL LEAVE IN THE TEMPORARY APPOINTMENT WITHOUT SERVING ANOTHER 90-DAY QUALIFYING PERIOD.

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