B-107974, APRIL 18, 1952, 31 COMP. GEN. 523

B-107974, APRIL 18, 1952, 31 COMP. GEN. 523

LEAVES OF ABSENCE - ANNUAL - ACCRUAL - TEMPORARY EMPLOYEES A TEMPORARY EMPLOYEE WHO WAS IN A LEAVE OF ABSENCE STATUS ON FRIDAY WHICH WAS LAST WORK DAY PRIOR TO SEPARATION FROM SERVICE ON MONDAY A LEGAL HOLIDAY, MAY BE REGARDED AS HAVING BEEN IN AN ACTIVE DUTY STATUS ON HIS LAST DAY OF SERVICE AND ENTITLED TO ADDITIONAL ANNUAL LEAVE FOR THE LAST CONTINUOUS MONTH OF SERVICE. A TEMPORARY EMPLOYEE WHO WAS PLACED ON INVOLUNTARY ANNUAL LEAVE FOR BUDGETARY REASONS ON THE LAST DAY OF SERVICE UNDER HIS APPOINTMENT IS TO BE REGARDED AS HAVING ACCRUED LEAVE FOR SUCH LAST MONTH OF SERVICE.

ACTING COMPTROLLER GENERAL YATES TO GARTHA F. THORNHILL, BUREAU OF CENSUS, APRIL 18, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1952, TRANSMITTING A PAYROLL VOUCHER IN FAVOR OF MR. FRANK E. HARRISON AND MR. HOWARD I. MORRISON, RESPECTIVELY, AND REQUESTING A DECISION WHETHER UNDER THE FACTS HEREINAFTER RELATED, THE VOUCHER PROPERLY MAY BE CERTIFIED FOR PAYMENT. THE FACTS IN THE CASE ARE SET FORTH IN YOUR LETTER AS FOLLOWS:

OUR RECORDS INDICATE THAT MR. HARRISON, A REEMPLOYED ANNUITANT, WAS APPOINTED ON FEBRUARY 13, 1951, ON A PER-DIEM-WHEN-ACTUALLY-EMPLOYED BASIS LIMITED TO AUGUST 12, 1951, WITH APPOINTMENT BEING EXTENDED NOT TO EXCEED NOVEMBER 12, 1951. MR. HARRISON WORKED CONTINUOUSLY DURING THIS PERIOD AND EXPECTED TO EARN 180 HOURS OF ANNUAL LEAVE. DURING THE INTERIM PERIOD HE USED 93 HOURS OF ANNUAL LEAVE AND RECEIVED A LUMP SUM PAYMENT FOR 67 HOURS, THE ADDITIONAL 20 HOURS FOR THE PERIOD OF OCTOBER 13 TO NOVEMBER 12 NOT BEING CREDITED BECAUSE HE WAS ABSENT ON LEAVE ON FRIDAY, NOVEMBER 9, 1951, THE LAST WORK DAY PRIOR TO HIS SEPARATION ON NOVEMBER 12, 1951. INASMUCH AS THE HOLIDAY OF NOVEMBER 11 FELL ON A SUNDAY, NOVEMBER 12, 1951, WAS A NONWORK DAY. MR. HARRISON'S LETTER STATES THAT HE WAS REQUESTED TO BE ABSENT.

MR. MORRISON'S SITUATION IS RELATIVELY THE SAME AS MR. HARRISON'S EXCEPT FOR THE FACT THAT HE WAS REQUIRED TO BE IN A LEAVE STATUS ON NOVEMBER 13, 1951. THIS WAS MR. MORRISON'S SEPARATION DATE AND ALSO THE DATE ON WHICH THE ADDITIONAL 20 HOURS OF ANNUAL LEAVE WOULD HAVE ACCRUED.

IN OFFICE DECISION OF FEBRUARY 15, 1949, B-81553, TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, 28 COMP. GEN. 457, IT WAS HELD, QUOTING FROM THE SYLLABUS, AS FOLLOWS:

IF ANNUAL LEAVE BE GRANTED TO A TEMPORARY EMPLOYEE COVERING THE END OFA MONTH OF SERVICE UNDER CIRCUMSTANCES WHERE IT IS KNOWN IN ADVANCE THAT THERE IS TO BE NO RETURN TO DUTY, THE EMPLOYEE'S SEPARATION IS TO BE REGARDED AS HAVING OCCURRED ON THE LAST DAY OF ACTIVE DUTY SO AS TO PRECLUDE THE ACCRUAL OF LEAVE FOR THAT MONTH * * *.

IN MR. HARRISON'S CASE THE ABOVE-QUOTED RULE IS NOT FOR APPLICATION SINCE MONDAY, NOVEMBER 12, WAS OBSERVED AS A LEGAL HOLIDAY, AND UNDER THE CIVIL SERVICE RULES AND REGULATIONS IN EFFECT AT THE TIME NO CHARGE AGAINST ANNUAL LEAVE COULD BE MADE FOR ABSENCE ON SUCH A NONWORKDAY. ACCORDINGLY, MR. HARRISON MAY BE REGARDED FOR LEAVE CREDITING PURPOSES AS HAVING BEEN IN AN ACTIVE DUTY STATUS ON HIS LAST DAY OF SERVICE AND ENTITLED TO ADDITIONAL ANNUAL LEAVE FOR THE LAST CONTINUOUS MONTH OF SERVICE. COMP. GEN. 108.

MR. MORRISON WAS PLACED ON INVOLUNTARY ANNUAL LEAVE ON NOVEMBER 13, 1951, A WORKDAY AND THE LAST DAY OF SERVICE UNDER HIS APPOINTMENT. HOWEVER, THE RULE ENUNCIATED IN 28 COMP. GEN. 457, WAS NOT INTENDED TO APPLY TO A CASE SUCH AS HERE INVOLVED, WHERE AN EMPLOYEE WHO APPARENTLY OTHERWISE WOULD HAVE WORKED AND THUS EARNED THE LEAVE IN QUESTION, WAS PLACED INVOLUNTARILY ON ANNUAL LEAVE FOR BUDGETARY REASONS.

IN LINE WITH THE FOREGOING, THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH AND IF CORRECT IN OTHER RESPECTS, IT PROPERLY MAY BE CERTIFIED FOR PAYMENT.