B-144062, OCT. 10, 1960

B-144062: Oct 10, 1960

Additional Materials:

Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IS AUTHORIZED. A CERTIFYING OFFICER IS ENTITLED TO AN ADVANCE DECISION ONLY ON A QUESTION OF LAW INVOLVED IN PAYMENT ON A SPECIFIC VOUCHER PRESENTED TO HIM FOR CERTIFICATION. NO VOUCHER WAS PRESENTED WITH YOUR REQUEST BUT SINCE RECREDIT OF THE SICK LEAVE INVOLVES A POTENTIAL MONEY PAYMENT FOR CERTIFICATION BY YOU AN EXCEPTION TO THE USUAL REQUIREMENT WILL BE MADE IN THIS INSTANCE. MISS TEUNIS CLAIMS THAT THE SICK LEAVE SHOULD HAVE BEEN. WAS NOT. THE RECORD SHOWS THAT MISS TEUNIS WAS EMPLOYED BY THE DEPARTMENT OF THE INTERIOR IN 1935 UNDER AN EMERGENCY APPOINTMENT. SHE WAS PLACED ON FURLOUGH PENDING REDUCTION IN FORCE ON MARCH 23. UNDER AN EXCEPTED APPOINTMENT WHICH WAS TO TERMINATE NOT LATER THAN OCTOBER 6.

B-144062, OCT. 10, 1960

TO MRS. MAE H. BEACH, AUTHORIZED CERTIFYING OFFICER, HEADQUARTERS, U.S. AIR FORCE:

YOUR LETTER OF SEPTEMBER 21, 1960, REFERENCE AFCSS-M, REQUESTS OUR DECISION WHETHER A RECREDIT OF 48 DAYS AND 2 HOURS OF SICK LEAVE TO MISS RUTH E. TEUNIS, AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, IS AUTHORIZED.

A CERTIFYING OFFICER IS ENTITLED TO AN ADVANCE DECISION ONLY ON A QUESTION OF LAW INVOLVED IN PAYMENT ON A SPECIFIC VOUCHER PRESENTED TO HIM FOR CERTIFICATION. SEE 21 COMP. GEN. 1128; 23 ID. 793. NO VOUCHER WAS PRESENTED WITH YOUR REQUEST BUT SINCE RECREDIT OF THE SICK LEAVE INVOLVES A POTENTIAL MONEY PAYMENT FOR CERTIFICATION BY YOU AN EXCEPTION TO THE USUAL REQUIREMENT WILL BE MADE IN THIS INSTANCE.

MISS TEUNIS CLAIMS THAT THE SICK LEAVE SHOULD HAVE BEEN, BUT WAS NOT, TRANSFERRED IN 1940 FROM THE DEPARTMENT OF THE INTERIOR TO THE DEPARTMENT OF AGRICULTURE.

THE RECORD SHOWS THAT MISS TEUNIS WAS EMPLOYED BY THE DEPARTMENT OF THE INTERIOR IN 1935 UNDER AN EMERGENCY APPOINTMENT. SHE WAS PLACED ON FURLOUGH PENDING REDUCTION IN FORCE ON MARCH 23, 1940. BEFORE FINAL SEPARATION SHE ENTERED ON DUTY WITH THE DEPARTMENT OF AGRICULTURE ON AUGUST 7, 1940, UNDER AN EXCEPTED APPOINTMENT WHICH WAS TO TERMINATE NOT LATER THAN OCTOBER 6, 1940. THE APPOINTMENT WAS EXTENDED ON OCTOBER 7, 1940, TO DECEMBER 7, 1940. ON DECEMBER 7, 1940, THE APPOINTMENT WAS EXTENDED FOR THE DURATION OF THE WORK. SHE TRANSFERRED FROM THE DEPARTMENT OF AGRICULTURE TO THE DEPARTMENT OF THE ARMY ON OCTOBER 1, 1941, ON A PROBATIONAL APPOINTMENT.

THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161, PROVIDED DIFFERENT LEAVE BENEFITS FOR PERMANENT AND TEMPORARY EMPLOYEES. UNDER THE REGULATIONS ISSUED PURSUANT THERETO ACCUMULATED SICK AND ANNUAL LEAVE COULD BE TRANSFERRED WHEN AN EMPLOYEE WAS TRANSFERRED OR REAPPOINTED WITHOUT A BREAK IN SERVICE FROM ONE PERMANENT, EMERGENCY, OR INDEFINITE POSITION TO ANOTHER PERMANENT, EMERGENCY, OR INDEFINITE POSITION. (SEE EXECUTIVE ORDERS NO. 8384 AND 8385, DATED MARCH 29, 1940.) HOWEVER, NO PROVISION WAS MADE IN SUCH REGULATIONS FOR THE TRANSFER OF LEAVE FROM A PERMANENT POSITION TO A TEMPORARY POSITION.

THE SICK LEAVE REGULATIONS IN EFFECT DURING THE PERIOD IN QUESTION, AS SET FORTH IN EXECUTIVE ORDER NO. 8385, MARCH 29, 1940, EFFECTIVE MARCH 2, 1940, EXCEPT FOR SECTION 9 (5 C.F.R. 55, 1940 SUPP.) DEFINED THE DIFFERENT CLASSES OF EMPLOYEES AS FOLLOWS:

"SEC. 55.1 DEFINITIONS. AS USED IN THIS PART "EMPLOYEE" AND "EMPLOYEES" SHALL INCLUDE:

"/A) OFFICER AND OFFICERS, RESPECTIVELY.

"/B) PERMANENT EMPLOYEES--- THOSE APPOINTED WITHOUT LIMITATION AS TO LENGTH OF SERVICE OR FOR DEFINITE PERIODS IN EXCESS OF 6 MONTHS.

"/C) TEMPORARY EMPLOYEES--- THOSE APPOINTED FOR DEFINITE PERIODS OF TIME NOT EXCEEDING 6 MONTHS.

"/D) EMERGENCY EMPLOYEES--- THOSE WHOSE COMPENSATION IS PAID FROM EMERGENCY FUNDS AND WHOSE TENURE OF APPOINTMENT IS LIMITED TO THE PERIOD FOR WHICH THE EMERGENCY FUNDS ARE AVAILABLE.

"/E) INDEFINITE EMPLOYEES--- THOSE APPOINTED FOR THE "DURATION OF THE JOB" AND THOSE WHO, ALTHOUGH PAID ONLY WHEN ACTUALLY EMPLOYED, ARE CONTINUOUSLY EMPLOYED OR REQUIRED TO BE AVAILABLE FOR DUTY FOR A PERIOD OF NOT LESS THAN 1 MONTH, AS DISTINGUISHED FROM PART-TIME OR INTERMITTENT EMPLOYEES.'

ALL EMPLOYEES NOT WITHIN THE DEFINITION OF TEMPORARY EMPLOYEES WERE CONSIDERED PERMANENT FOR LEAVE PURPOSES. THE STATUS OF EMPLOYEES AS PERMANENT OR TEMPORARY DEPENDED, THEREFORE, UPON THE TERMS OF THEIR APPOINTMENTS. 16 COMP. GEN. 934.

SINCE THE APPOINTMENT GIVEN MISS TEUNIS BY THE DEPARTMENT OF AGRICULTURE WAS FIXED TO TERMINATE NOT LATER THAN OCTOBER 6, 1940, A PERIOD OF TWO MONTHS FROM THE DATE OF HER APPOINTMENT, SHE BECAME A TEMPORARY EMPLOYEE WHEN SHE ACCEPTED THE APPOINTMENT. CONSEQUENTLY, THE SICK LEAVE ACCRUED IN HER EMERGENCY POSITION WITH THE DEPARTMENT OF THE INTERIOR, WHICH WAS PERMANENT FOR LEAVE PURPOSES, COULD NOT BE TRANSFERRED WHEN SHE ACCEPTED THE TEMPORARY APPOINTMENT WITH THE DEPARTMENT OF AGRICULTURE. THE FACT THAT SHE LATER WAS GIVEN AN APPOINTMENT FOR THE DURATION OF THE WORK, WHICH WAS AN INDEFINITE APPOINTMENT, AND AGAIN BECAME A PERMANENT EMPLOYEE FOR LEAVE PURPOSES DID NOT ENTITLE HER TO RECREDIT OF THE SICK LEAVE EARNED IN HER POSITION WITH THE DEPARTMENT OF THE INTERIOR. THE SICK LEAVE WAS FORFEITED WHEN SHE ACCEPTED THE TEMPORARY APPOINTMENT AND IT COULD NOT BE RECREDITED WHEN SHE AGAIN BECAME A PERMANENT EMPLOYEE FOR LEAVE PURPOSES. SEE 17 COMP. GEN. 830; 22 COMP. GEN. 429, 944.

CONSEQUENTLY, RECREDIT OF THE SICK LEAVE CLAIMED BY MISS TEUNIS IS NOT AUTHORIZED.

Jan 25, 2021

Jan 22, 2021

Jan 21, 2021

Jan 19, 2021

Looking for more? Browse all our products here