B-141565, JAN. 4, 1960

B-141565: Jan 4, 1960

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WE SAID THAT SINCE YOU HAVE NO REGULAR TOUR OF DUTY BUT RENDER SERVICES WHEN REQUIRED WITH YOUR HOURS OF DUTY VARYING WITH THE NEED FOR YOUR SERVICES. YOUR PRESENT INQUIRY IS APPARENTLY BASED UPON YOUR BELIEF THAT YOU ARE ENTITLED TO BE PAID FOR THE LEAVE WHICH YOU SAY WAS OFFICIALLY CREDITED TO YOU PRIOR TO YOUR PRESENT APPOINTMENT. THE LEAVE RIGHTS OF GOVERNMENT EMPLOYEES GENERALLY WERE GOVERNED BY THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14. NO PROVISION WAS MADE FOR PART-TIME EMPLOYEES WITH NO FIXED TOURS OF DUTY. PART-TIME EMPLOYEES WITHOUT REGULARLY SCHEDULED TOURS OF DUTY HAVE NOT BEEN AND ARE NOT NOW ENTITLED TO THE LEAVE BENEFITS ACCORDED GOVERNMENT EMPLOYEES GENERALLY. THE CREDITING OF LEAVE TO YOU IN YOUR PRIOR APPOINTMENTS WAS NOT LEGALLY AUTHORIZED.

B-141565, JAN. 4, 1960

TO MR. L. FERDINAND ZERKEL, UNITED STATES COMMISSIONER:

YOUR LETTER OF DECEMBER 16, 1959, REQUESTS ADVICE WHETHER YOU MAY NOW RECEIVE PAYMENT FOR LEAVE OFFICIALLY CREDITED TO YOU IN PREVIOUS APPOINTMENTS AND REAPPOINTMENTS AS UNITED STATES COMMISSIONER FOR SHENANDOAH NATIONAL PARK, LURAY, VIRGINIA.

IN OUR LETTER OF AUGUST 3, 1959, TO YOU, WE SAID THAT SINCE YOU HAVE NO REGULAR TOUR OF DUTY BUT RENDER SERVICES WHEN REQUIRED WITH YOUR HOURS OF DUTY VARYING WITH THE NEED FOR YOUR SERVICES, YOU APPEAR TO BE WITHIN THE PURVIEW OF 31 COMP. GEN. 215, 218, AND, THEREFORE, NOT ENTITLED TO LEAVE BENEFITS UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951. YOUR PRESENT INQUIRY IS APPARENTLY BASED UPON YOUR BELIEF THAT YOU ARE ENTITLED TO BE PAID FOR THE LEAVE WHICH YOU SAY WAS OFFICIALLY CREDITED TO YOU PRIOR TO YOUR PRESENT APPOINTMENT.

PRIOR TO THE ENACTMENT OF THE ANNUAL AND SICK LEAVE ACT OF 1951, THE LEAVE RIGHTS OF GOVERNMENT EMPLOYEES GENERALLY WERE GOVERNED BY THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161 AND 1162, AND THE ANNUAL AND SICK LEAVE REGULATIONS ISSUED PURSUANT THERETO. SECTION 6.1 OF SAID REGULATIONS SPECIFICALLY EXCLUDED PART TIME EMPLOYEES FROM THE BENEFITS OF THE 1936 LEAVE ACTS. WHILE THE ACT OF OCTOBER 5, 1949, 63 STAT. 703, EXTENDED LEAVE BENEFITS TO PART TIME EMPLOYEES WITH REGULARLY SCHEDULED TOURS OF DUTY, NO PROVISION WAS MADE FOR PART-TIME EMPLOYEES WITH NO FIXED TOURS OF DUTY.

UNDER THE CITED STATUTES AND REGULATIONS, PART-TIME EMPLOYEES WITHOUT REGULARLY SCHEDULED TOURS OF DUTY HAVE NOT BEEN AND ARE NOT NOW ENTITLED TO THE LEAVE BENEFITS ACCORDED GOVERNMENT EMPLOYEES GENERALLY. THEREFORE, THE CREDITING OF LEAVE TO YOU IN YOUR PRIOR APPOINTMENTS WAS NOT LEGALLY AUTHORIZED, AND PAYMENT THEREFOR LIKEWISE MAY NOT NOW BE LEGALLY AUTHORIZED.

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