B-101582, MARCH 21, 1951, 30 COMP. GEN. 381

B-101582, MARCH 21, 1951, 30 COMP. GEN. 381

LEAVES OF ABSENCE - ACCRUAL - PART TIME EMPLOYEES THE PART TIME LEAVE ACT OF OCTOBER 5, 1949, EXTENDING THE BENEFITS PRO RATA OF THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, TO PART TIME EMPLOYEES GRANTS THE RIGHT TO LEAVE ONLY TO THOSE PART TIME EMPLOYEES FOR WHOM THERE HAS BEEN ESTABLISHED A REGULAR TOUR OF DUTY COVERING NOT LESS THAN FIVE DAYS EACH WEEK, AND THEREFORE PART-TIME SERVICE IS REQUIRED TO BE SCHEDULED ON AT LEAST FIVE DAYS OF EACH UNIT OF THE WORK CYCLE BEFORE PART TIME EMPLOYEES BECOME ELIGIBLE FOR PRO RATE LEAVE ACCRUALS.

ACTING COMPTROLLER GENERAL YATES TO THE SECRETARY OF THE ARMY, MARCH 21, 1951:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21, 1951, REQUESTING A DECISION RELATIVE TO THE APPLICATION OF THE PART-TIME LEAVE ACT OF OCTOBER 5, 1949, PUBLIC LAW 316, THE QUESTIONS WITH RESPECT THERETO BEING STATED IN YOUR LETTER, AS FOLLOWS:

(1) IT IS REQUIRED THAT PART-TIME SERVICE BE SCHEDULED ON AT LEAST FIVE DAYS OF EACH UNIT WEEK OF THE WORK CYCLE?

(2) IF THE ANSWER TO QUESTION (1) ABOVE IS IN THE NEGATIVE, MAY EMPLOYEES BE CREDITED WITH THE PRORATA ACCRUALS FOR SERVICE PERFORMED DURING THE ENTIRE WORK CYCLE?

(3) WOULD YOUR ANSWERS BE QUALIFIED IN ANY RESPECT, IF THE REGULARLY SCHEDULED HOURS OF ANY UNIT WEEK OF THE WORK CYCLE TOTALED OR EXCEEDED 40 HOURS.

SECTION 1 OF THE REFERRED-TO ACT, 63 STAT. 703, PROVIDES:

THAT PART-TIME OFFICERS AND EMPLOYEES FOR WHOM THERE HAS BEEN ESTABLISHED A REGULAR TOUR OF DUTY COVERING NOT LESS THAT FIVE DAYS IN ANY ADMINISTRATIVE WORKWEEK SHALL, UNLESS OTHERWISE EXCEPTED, BE ENTITLED TO THE BENEFITS PRO RATA OF THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936 (49 STAT. 1161 AND 1162, RESPECTIVELY), AND SUCH ACTS ARE HEREBY AMENDED ACCORDINGLY. (ITALICS SUPPLIED.)

IN SENATE REPORT 971, ACCOMPANYING H.R. 2619, WHICH BECAME PUBLIC LAW 316, THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE STATED AS FOLLOWS:

THE BILL WOULD EXTEND THE BENEFITS OF THE ANNUAL AND SICK LEAVE ACTS ON A PRO RATA BASIS TO ALL PART-TIME FEDERAL EMPLOYEES FOR WHOM THERE HAS BEEN ESTABLISHED A REGULAR TOUR OF DUTY COVERING NOT LESS THAN 5 DAYS IN ANY ADMINISTRATIVE WORKWEEK. FOR EXAMPLE, AN EMPLOYEE REGULARLY WORKING A 3- HOUR DAY, MONDAY THROUGH FRIDAY, WOULD BE GIVEN TWENTY-SIX 3-HOUR DAYS OF ANNUAL LEAVE A YEAR, AND ONE AND ONE-FOURTH 3-HOUR DAYS OF SICK LEAVE A MONTH. ALSO, EMPLOYEES WHO WORK A VARYING NUMBER OF HOURS EACH DAY BUT ARE REQUIRED TO WORK SOME PORTION OF AT LEAST 5 DAYS EACH WEEK WOULD BE GRANTED A PROPORTIONATE AMOUNT OF LEAVE UNDER THE PROVISIONS OF THE BILL.

* * * THE POLICY OF CONGRESS IN GRANTING ANNUAL LEAVE TO FEDERAL EMPLOYEES IS BASED UPON THE NECESSITY OF GIVING EMPLOYEES VACATIONS DURING WHICH THEY ARE NOT COMPELLED TO FACE THE ROUTINE OF REPORTING REGULARLY TO WORK EACH DAY AND HAVE THE CONTINUING RESPONSIBILITY OF PERFORMING THEIR DUTIES WITHOUT REST. THE COMMITTEE SEES NO VALID REASON WHY PART-TIME EMPLOYEES WHO WORK REGULARLY EACH DAY FOR 5 DAYS EACH WORKWEEK SHOULD NOT HAVE A PROPORTIONATE SHARE OF ANNUAL AND SICK LEAVE TO WHICH FULL-TIME EMPLOYEES ARE ENTITLED. (ITALICS SUPPLIED.)

THE ACT GRANTS THE RIGHT TO LEAVE ONLY TO THOSE PART TIME EMPLOYEES FOR WHOM THERE HAS BEEN ESTABLISHED A REGULAR TOUR OF DUTY COVERING "NOT LESS THAT 5 DAYS IN ANY ADMINISTRATIVE WORKWEEK.' THE ABOVE QUOTED COMMITTEE REPORT, WHEN CONSIDERED IN THE LIGHT OF THE SEVERAL ADMINISTRATIVE REPORTS PRINTED THEREIN, CLEARLY SHOWS THAT THE LANGUAGE,"IN ANY ADMINISTRATIVE WORKWEEK," WAS INTENDED TO APPLY ONLY WITH RESPECT TO PART TIME EMPLOYEES WHO WORK NOT LESS THAN 5 DAYS EACH WEEK. THAT POSITION IS STRENGTHENED WHEN VIEWED IN THE LIGHT OF THE FACT THAT THE STATUTE WAS DESIGNED TO OVERCOME "THE PROBLEM CREATED BY THE COMPTROLLER GENERAL DECISION NO. B- 75661, DATED JULY 12, 1948"--- QUOTING FROM THE LETTER OF THE LIBRARIAN OF CONGRESS, DATED MARCH 4, 1949, PRINTED IN THE COMMITTEE REPORT.

ACCORDINGLY, QUESTION 1 MUST BE ANSWERED IN THE AFFIRMATIVE, RENDERING UNNECESSARY ANY ANSWER TO QUESTION 2. QUESTION 3 IS ANSWERED IN THE NEGATIVE.