B-116560, SEPTEMBER 2, 1953, 33 COMP. GEN. 106

B-116560, SEPTEMBER 2, 1953, 33 COMP. GEN. 106

LEAVES OF ABSENCE - ANNUAL - ACCRUAL - POSTAL EMPLOYEES SECTION 30.504 OF THE ANNUAL AND SICK LEAVE REGULATIONS, WHICH PROVIDES FOR A LEAVE COMPUTATION SYSTEM BASED UPON HOURS OF WORK IN A PAY STATUS PERFORMED BY AN EMPLOYEE DURING AN AGENCY'S BASIC WORKING HOURS, MAY BE AMENDED BY THE ISSUANCE OF A CIVIL SERVICE COMMISSION REGULATION WHICH WILL PERMIT POSTAL EMPLOYEES TO EARN ANNUAL LEAVE UPON A PRO RATA BASIS FOR THE NUMBER OF HOURS IN A PAY STATUS, WHICH HOURS ARE UNDERSTOOD TO BE PAID FOR AT REGULAR STRAIGHT TIME RATES.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, SEPTEMBER 2, 1953:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 10, 1953, STATING THAT YOU ARE CONSIDERING AN AMENDMENT TO SECTION 30.504 OF THE LEAVE REGULATIONS AND REQUESTING TO BE ADVISED WHETHER THERE IS ,ANY LEGAL OBJECTION TO THE ISSUING OF THE PROPOSED AMENDMENT.'

THE REFERRED-TO REGULATION NOW READS:

SEC. 30.504 HOURS OF WORK TO BE DISREGARDED. ANY HOURS IN A PAY STATUS IN EXCESS OF THE AGENCY'S BASIC WORKING HOURS IN ANY PAY PERIOD SHALL BE DISREGARDED IN COMPUTING ANNUAL AND SICK LEAVE EARNINGS OF PART-TIME EMPLOYEES. THE AMENDMENT WHICH YOU PROPOSE WOULD CHANGE THE PERIOD AT THE END THEREOF TO A COMMA AND ADD THE FOLLOWING: EXCEPT THAT HOURLY EMPLOYEES IN THE FIELD SERVICE OF THE POST OFFICE DEPARTMENT SHALL BE CREDITED WITH LEAVE TO THE ANNUAL MAXIMUM IN ACCORDANCE WITH THE ACTUAL NUMBER OF HOURS IN A PAY STATUS.

SECTION 205 (C) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, PROVIDES AS FOLLOWS:

PART TIME OFFICERS AND EMPLOYEES, UNLESS OTHERWISE EXCEPTED, SHALL BE ENTITLED ON A PRO RATA BASIS TO THE BENEFITS PROVIDED BY SECTIONS 203 AND 204 OF THIS TITLE.

UNDER SECTION 206 OF SAID ACT, 65 STAT. 681, WHICH AUTHORIZES THE CIVIL SERVICE COMMISSION TO PRESCRIBE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE ADMINISTRATION OF THE ACT, THERE WAS ISSUED SECTION 30.501 OF THE LEAVE REGULATIONS WHICH PROVIDES A FORMULA FOR COMPUTING THE EARNING OF ANNUAL LEAVE BY PART-TIME EMPLOYEES WITH AN ESTABLISHED TOUR OF DUTY, AND POSTAL SUBSTITUTES WHO DO NOT HAVE AN ESTABLISHED TOUR OF DUTY BASED UPON THE NUMBER OF HOURS IN A PAY STATUS. AS A FURTHER STEP IN THE REGULATION OF THE TYPE OF EMPLOYEES HERE CONCERNED, WITH RESPECT TO THE EARNING OF ANNUAL LEAVE UNDER THE LEAVE ACT, SECTION 30.504, SUPRA, WAS ISSUED TO PRECLUDE SAID EMPLOYEES FROM EARNING MORE ANNUAL LEAVE THAN THAT TO WHICH REGULAR EMPLOYEES WERE ENTITLED UNDER THE ACT. YOU STATE THAT SAID SECTION APPEARS TO WORK FAIRLY WITH PART-TIME EMPLOYEES OUTSIDE THE POSTAL SERVICE, WHO AS A GENERAL RULE ARE NOT CALLED UPON TO PERFORM SERVICES IN EXCESS OF THE BASIC WORKING HOURS OF THE DEPARTMENT OR ESTABLISHMENT, BUT THAT THE APPLICATION THEREOF TO POSTAL SUBSTITUTES HAS CREATED AN INEQUITABLE SITUATION, WHICH SITUATION IS EXPLAINED BY YOU AS FOLLOWS:

* * * POSTAL SUBSTITUTES, HOWEVER, HAVE BEEN COMPLAINING THAT SECTION 30.504 WORKS UNFAIRLY FOR THEM BECAUSE THEY DO NOT HAVE REGULAR WEEKLY TOURS OF DUTY. THEY ARE ON CALL AT ALL TIMES, AND THE HOURS A SUBSTITUTE IS REQUIRED TO WORK MAY BE MUCH MORE THAN THOSE OF THE REGULAR EMPLOYEES IN ONE PAY PERIOD AND MUCH LESS IN ANOTHER. IN THE FIRST INSTANCE THE EXTRA HOURS ARE GIVEN NO CREDIT FOR LEAVE EARNING, AND IN THE SECOND INSTANCE THE FEWER NUMBER OF HOURS RESULTS IN A SMALL LEAVE CREDIT. THE RESULT IS THAT S SUBSTITUTE MAY WORK MORE HOURS IN THE YEAR THAN A FULL- TIME EMPLOYEE AND UNDER SECTION 30.504 RECEIVE SUBSTANTIALLY LESS LEAVE.

SINCE POSTAL SUBSTITUTES ARE SUBJECT TO CALL AT ALL TIMES, AND SINCE, ALSO, FIXED TOURS OF DUTY CANNOT BE ESTABLISHED FOR THEM, AND HAVING REGARD FOR THE FACT THAT UNDER THE PROPOSED AMENDMENT THEY WOULD BE ENTITLED TO EARN ANNUAL LEAVE UPON A PRO RATA BASIS FOR THE NUMBER OF HOURS IN A PAY STATUS, ALL OF WHICH HOURS OF SERVICE ARE UNDERSTOOD TO BE PAID FOR AT REGULAR STRAIGHT TIME RATES, NO LEGAL OBJECTION IS PERCEIVED TO THE ISSUANCE OF THE PROPOSED AMENDMENT, WITH THE UNDERSTANDING THAT THE CREDITING OF SUCH EARNED LEAVE WILL NOT VIOLATE ANY APPLICABLE LIMITATIONS PRESCRIBED IN THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED.