B-141593, JAN. 7, 1960

B-141593, JAN. 7, 1960

TO MR. WILLIAM H. KEPHART, FEDERAL TRADE COMMISSION:

YOUR LETTER OF DECEMBER 9, 1959, ADDRESSED TO OUR CLAIMS DIVISION TRANSMITS A LETTER DATED DECEMBER 8, FROM MR. JOHN LEWIS, A HEARING EXAMINER OF THE FEDERAL TRADE COMMISSION, WHEREIN HE OBJECTS TO THE MANNER IN WHICH HE WAS CHARGED MILITARY AND ANNUAL LEAVE FOR TWO SEPARATE PERIODS OF MILITARY LEAVE IN THE SAME CALENDAR YEAR.

THE EMPLOYEE CONTENDS THAT FOR THE PERIOD OF MILITARY DUTY EXTENDING FROM MONDAY, MARCH 30, 1959, TO 12:30 P.M. ON MONDAY, APRIL 13, 1959, HE SHOULD BE PERMITTED TO CHARGE 12 DAYS OF SUCH PERIOD TO MILITARY LEAVE--- MARCH 30, TO APRIL 11, 1959--- AND 4 HOURS TO ANNUAL LEAVE ON APRIL 13, 1959, SO AS TO PRESERVE THE DAYS OF MILITARY LEAVE WHICH WOULD OTHERWISE BE CHARGEABLE FOR THE WEEK END, APRIL 11, AND 12, 1959, UNDER OUR RULING IN 27 COMP. GEN. 245-253.

SINCE THERE IS NOT HERE INVOLVED THE MATTER OF PAYMENT OF SALARY FOR THE PERIOD OR PERIODS OF MILITARY LEAVE, BUT RATHER THE TYPE OF LEAVE WHICH SHOULD BE CHARGED, IT IS NOT THE PROPER SUBJECT OF A SUBMISSION BY A CERTIFYING OFFICER FOR DECISION AT THIS TIME.

HOWEVER, IN ORDER TO AVOID SUBMISSION OF THE QUESTION BY THE HEAD OF THE AGENCY, AND TO AVOID DELAY, WE HERE EXPRESS OUR VIEW THAT THE RULE ENUNCIATED IN 27 COMP. GEN. AT PAGES 245, AND 353, TO THE EFFECT THAT NON- WORKDAYS WHOLLY WITHIN A PERIOD OF ABSENCE ON MILITARY DUTY ARE CHARGEABLE AS MILITARY LEAVE, WAS NOT INTENDED TO BE CIRCUMVENTED BY THE CHARGING OF ANNUAL LEAVE AT THE BEGINNING OR END OF THE PERIOD OF MILITARY LEAVE OF ABSENCE. WHILE AN EMPLOYEE MAY BE GRANTED ANNUAL LEAVE FOR ANY OF SUCH PERIOD OF ABSENCE IF HE SO DESIRES, HE SHOULD STILL BE CHARGED MILITARY LEAVE FOR ANY NON-WORKDAYS INTERVENING BETWEEN THE BEGINNING AND END OF THE LEAVE OF ABSENCE FOR MILITARY DUTY WHEN THERE IS A COMMINGLING OF ANNUAL LEAVE AND MILITARY LEAVE SUCH AS HERE.