B-109269, MAY 13, 1952, 31 COMP. GEN. 594

B-109269, MAY 13, 1952, 31 COMP. GEN. 594

LEAVES OF ABSENCE - LUMP-SUM LEAVE PAYMENTS - EMPLOYEES OF THE DISTRICT OF COLUMBIA BOARD OF EDUCATION INASMUCH AS THE ACT OF MARCH 5, 1952, VESTING IN THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA THE AUTHORITY TO REGULATE VACATION PERIODS AND LEAVES OF ABSENCE OF EMPLOYEES WHOSE POSITIONS ARE INCLUDED IN SALARY CLASSES 13-23, INCLUSIVE, ESTABLISHED BY THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947, FIXES NO MAXIMUM OF LEAVE AND PROVIDES THAT LEAVE GRANTED THEREUNDER SHALL BE IN LIEU OF ANNUAL LEAVE GRANTED UNDER ANY OTHER ACT, THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA MAY FIX, ESTABLISH, AND REGULATE SUCH LEAVE WITHOUT REGARD TO THE MAXIMUM AMOUNTS PROVIDED IN THE ANNUAL AND SICK LEAVE ACT OF 1951. THE ACT OF MARCH 5, 1952, VESTING IN THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA THE AUTHORITY TO REGULATE VACATION PERIODS AND LEAVES OF ABSENCE OF EMPLOYEES WHOSE POSITIONS ARE INCLUDED IN SALARY CLASSES 13- 23, INCLUSIVE, SET UP BY THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947, ESTABLISHES, IN EFFECT, AN ENTIRELY DIFFERENT LEAVE SYSTEM FOR SUCH EMPLOYEES AS OF MARCH 5, 1952, AND THEREFORE, THEY ARE ENTITLED UNDER THE PROVISIONS OF THE LUMP-SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944, TO A LUMP-SUM PAYMENT FOR ANY ACCRUED ANNUAL LEAVE TO THEIR CREDIT UNDER PRIOR LEAVE ACTS UP TO THAT DATE.

COMPTROLLER GENERAL WARREN TO THE ACTING PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, MAY 13, 1052:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 21, 1952, REQUESTING DECISION UPON THE QUESTION THEREIN STATED, AS FOLLOWS:

"1. WOULD THE BOARD OF EDUCATION UNDER THE PROVISIONS OF PUBLIC LAW 271, APPROVED MARCH 5, 1952, BE AUTHORIZED TO FIX, ESTABLISH (IN EXCESS OF THE AMOUNTS STIPULATED IN TITLE II OF PUBLIC LAW 233) AND REGULATE THE MAXIMUM AMOUNTS OF VACATION PERIODS AND ANNUAL LEAVE OF ABSENCE TO WHICH THOSE INDIVIDUALS WHOSE POSITIONS ARE INCLUDED IN SALARY CLASSES 13-23 INCLUSIVE, ESTABLISHED BY THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947 ARE ENTITLED, WITHOUT REGARD TO THE PROVISIONS OF TITLE II OF PUBLIC LAW 233, APPROVED OCTOBER 30, 1951?

"2. IF YOUR ANSWER TO QUESTION 1 IS IN THE AFFIRMATIVE, WOULD SUCH INDIVIDUALS WHOSE POSITIONS ARE INCLUDED IN CLASSES 13-23 INCLUSIVE,BE ENTITLED UNDER THE PROVISIONS OF SECTION 3 OF PUBLIC LAW 525, 78TH CONGRESS, APPROVED DECEMBER 21, 1944, TO LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE REMAINING TO THEIR CREDIT PRIOR TO MARCH 5, 1952, THE DATE OF PUBLIC LAW 271?

PUBLIC LAW 271, APPROVED MARCH 5, 1952, 66 STAT. 14, PROVIDES AS FOLLOWS:

"* * * THAT THE AUTHORITY TO REGULATE THE VACATION PERIODS AND ANNUAL LEAVE OF ABSENCE OF ALL INDIVIDUALS EMPLOYED BY THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA, WHOSE POSITIONS ARE INCLUDED IN SALARY CLASSES 13-23, INCLUSIVE, ESTABLISHED BY THE DISTRICT OF COLUMBIA TEACHERS' SALARY ACT OF 1947, SHALL BE VESTED SOLELY IN THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA. THE ANNUAL LEAVE OF ABSENCE GRANTED BY THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA UNDER THE AUTHORITY OF THIS ACT SHALL BE IN LIEU OF ANNUAL LEAVE OF ABSENCE GRANTED UNDER OTHER ACT.'

CLASSES 13 TO 23 OF EMPLOYEES OF THE BOARD OF EDUCATION ARE PRINCIPALS, ASSISTANT PRINCIPALS, AND SIMILAR OFFICERS, AS DISTINGUISHED FROM TEACHERS, AND PRIOR TO THE PASSAGE OF THE ABOVE ACT THEY WERE SUBJECT TO THE ANNUAL AND SICK LEAVE ACT OF 1951, APPROVED OCTOBER 30, 1951, 65 STAT. 679, AND SUBJECT TO THE CIVIL SERVICE RULES AND REGULATIONS ISSUED UNDER THAT ACT. THE TEACHERS AND OTHER EDUCATIONAL EMPLOYEES WHOSE SALARIES ARE ESTABLISHED IN GRADES 1 TO 12 OF THE TEACHERS' SALARY ACT OF 1947, 61 STAT. 248, WERE SPECIFICALLY EXCEPTED FROM THE GENERAL LEAVE ACT, AND BY ACTION OF JUNE 7, 1950, THE BOARD OF EDUCATION PROMULGATED A REGULATION GRANTING ANNUAL LEAVE TO SUCH TEACHERS FROM THE LAST DAY OF SCHOOL IN JUNE TO THE OPENING DAY OF SCHOOL IN SEPTEMBER.

SENATE REPORT 1201 ON H.R. 4703, WHICH BECAME PUBLIC LAW 271, CONTAINS THE FOLLOWING PERTINENT COMMENT:

" THE PURPOSE OF THIS BILL IS TO GIVE THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA SOLE AUTHORITY TO REGULATE VACATION PERIODS AND ANNUAL LEAVE OF ABSENCE OF CERTAIN SCHOOL OFFICERS AND EMPLOYEES OF THE BOARD OF EDUCATION. AT THE PRESENT TIME THE TEACHERS' LEAVE ACT APPLIES ONLY TO CERTAIN TEACHERS WHO ARE ENUMERATED IN CLASSES 1 THROUGH 12 OF THE TEACHERS' PAY ACT. THOSE IN CLASSES 13 TO 23 ARE PRINCIPALS, ASSISTANT PRINCIPALS, AND SIMILAR OFFICERS. THEY COME UNDER THE FEDERAL LEAVE ACT AT THE PRESENT TIME, AND ARE REQUIRED TO REMAIN ON DUTY EVEN THOUGH SCHOOLS OVER WHICH THEY PRESIDE ARE CLOSED. THE BOARD OF EDUCATION WOULD FIX THE LEAVE FOR THOSE PARTICULAR ADMINISTRATIVE OFFICERS UPON ENACTMENT OF THIS LEGISLATION.'

AS PUBLIC LAW 271 FIXES NO MAXIMUM AMOUNT OF LEAVE AND PROVIDES THAT THE LEAVE SO GRANTED SHALL BE IN LIEU OF ANNUAL LEAVE GRANTED UNDER ANY OTHER ACT, THERE APPEARS JUSTIFIED THE CONCLUSION THAT QUESTION 1 BE ANSWERED IN THE AFFIRMATIVE.

PUBLIC LAW 271 ESTABLISHES, IN EFFECT, AN ENTIRELY DIFFERENT LEAVE SYSTEM FOR EMPLOYEES COMING WITHIN ITS PROVISIONS EFFECTIVE AS OF THE THE DATE OF THE APPROVAL OF THAT ACT. IT FOLLOWS, THEREFORE, THAT THE AFFECTED EMPLOYEES ARE ENTITLED UNDER THE PROVISIONS OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 846, TO A LUMP-SUM PAYMENT OF ANY ACCRUED ANNUAL LEAVE REMAINING TO THEIR CREDIT UNDER PRIOR LEAVE ACTS UP TO MARCH 5, 1952--- THERE ESSENTIALLY BEING INVOLVED A TRANSFER TO A DIFFERENT LEAVE SYSTEM ON THAT DATE. QUESTION 2 IS ANSWERED ACCORDINGLY.