Skip to main content

B-119959, JUNE 30, 1954, 33 COMP. GEN. 622

B-119959 Jun 30, 1954
Jump To:
Skip to Highlights

Highlights

LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - EMPLOYEES APPOINTED TO POSITIONS WITH FEDERAL JUDGES AN EMPLOYEE OF THE JUSTICE DEPARTMENT WHO TRANSFERRED TO THE OFFICE OF A FEDERAL JUDGE WHERE NO STATUTORY LEAVE SYSTEM IS APPLICABLE AND LEAVE RECORDS ARE NOT MAINTAINED MAY NOT. AN EMPLOYEE WHO RETIRED FROM THE JUSTICE DEPARTMENT AND WHO WAS SUBSEQUENTLY REEMPLOYED IN THE COURT OF A FEDERAL JUDGE WHERE NO STATUTORY LEAVE SYSTEM IS APPLICABLE AND LEAVE RECORDS ARE NOT MAINTAINED IS NOT REQUIRED TO REFUND ANY PART OF THE LUMP-SUM LEAVE PAYMENT AS A RESULT OF REEMPLOYMENT WITHIN THE PERIOD COVERED BY THE PAYMENT. 1954: REFERENCE IS MADE TO LETTER OF MAY 4. BARNES WAS EMPLOYED IN THE OFFICE OF A UNITED STATES ATTORNEY UNTIL HER RESIGNATION.

View Decision

B-119959, JUNE 30, 1954, 33 COMP. GEN. 622

LEAVES OF ABSENCE - LUMP-SUM PAYMENTS - EMPLOYEES APPOINTED TO POSITIONS WITH FEDERAL JUDGES AN EMPLOYEE OF THE JUSTICE DEPARTMENT WHO TRANSFERRED TO THE OFFICE OF A FEDERAL JUDGE WHERE NO STATUTORY LEAVE SYSTEM IS APPLICABLE AND LEAVE RECORDS ARE NOT MAINTAINED MAY NOT, UNDER SECTION 205 (E) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, TRANSFER UNUSED LEAVE AS A CREDIT IN THE NEW POSITION, AND THEREFORE THE EMPLOYEE MAY BE REGARDED AS SEPARATED FROM THE SERVICE, WITHIN THE MEANING OF THE ACT OF DECEMBER 21, 1944, AS AMENDED, SO AS TO BE ENTITLED TO A LUMP-SUM PAYMENT FOR ANNUAL LEAVE TO HER CREDIT. AN EMPLOYEE WHO RETIRED FROM THE JUSTICE DEPARTMENT AND WHO WAS SUBSEQUENTLY REEMPLOYED IN THE COURT OF A FEDERAL JUDGE WHERE NO STATUTORY LEAVE SYSTEM IS APPLICABLE AND LEAVE RECORDS ARE NOT MAINTAINED IS NOT REQUIRED TO REFUND ANY PART OF THE LUMP-SUM LEAVE PAYMENT AS A RESULT OF REEMPLOYMENT WITHIN THE PERIOD COVERED BY THE PAYMENT.

ACTING COMPTROLLER GENERAL WEITZEL TO THE ATTORNEY GENERAL, JUNE 30, 1954:

REFERENCE IS MADE TO LETTER OF MAY 4, 1954, FROM THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL, REFERENCE A3, REQUESTING TO BE ADVISED AS TO WHETHER MISS KATHLEEN C. BARNES AND MR. JOHN V O-BRIEN, EACH A FORMER EMPLOYEE OF THE DEPARTMENT OF JUSTICE, MAY BE GRANTED LUMP-SUM PAYMENTS FOR ANNUAL LEAVE UNDER FACTS HEREINAFTER RELATED.

MISS KATHLEEN C. BARNES WAS EMPLOYED IN THE OFFICE OF A UNITED STATES ATTORNEY UNTIL HER RESIGNATION, EFFECTIVE WITH THE CLOSE OF BUSINESS ON JANUARY 31, 1954. ON SUCH DATE SHE HAD 240 HOURS ANNUAL LEAVE TO HER CREDIT. WITHOUT A BREAK IN SERVICE SHE ENTERED ON DUTY IN THE OFFICE OF A UNITED STATES DISTRICT JUDGE WHERE, IN ACCORDANCE WITH THE PRACTICE PERMITTED UNDER THE RULES ADOPTED BY THE JUDICIAL CONFERENCE IN SEPTEMBER 1949, LEAVE RECORDS ARE NOT MAINTAINED. UNDER THE FOREGOING CIRCUMSTANCES THE FOLLOWING QUESTIONS ARE PRESENTED:

* * * (A) MAY PAYMENT BE MADE TO MISS BARNES IN A LUMP-SUM FOR LEAVE SHE HAD TO HER CREDIT AT THE TIME SHE LEFT THE DEPARTMENT OF JUSTICE, (B) IF PAYMENT MAY NOT BE MADE, IS THE LEAVE FORFEITED?

SINCE NO STATUTORY LEAVE SYSTEM IS APPLICABLE TO MISS BARNES AS AN EMPLOYEE OF A JUDGE WHO MAINTAINS NO LEAVE RECORDS, THE LEAVE TO HER CREDIT AS AN EMPLOYEE OF THE DEPARTMENT OF JUSTICE MAY NOT BE TRANSFERRED UNDER SECTION 205 (E) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 672, AS AMENDED BY PUBLIC LAW 102, APPROVED JULY 2, 1953, 67 STAT. 136, AS A LEAVE CREDIT IN HER NEW POSITION. UNDER SUCH CIRCUMSTANCE THE RESIGNATION OF MISS BARNES FROM HER POSITION WITH THE DEPARTMENT OF JUSTICE MAY BE REGARDED AS A SEPARATION FROM THE SERVICE WITHIN THE MEANING OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845, AS AMENDED, SO AS TO AUTHORIZE A LUMP-SUM PAYMENT FOR THE LEAVE IN QUESTION. ACCORDINGLY, QUESTION (A) IS ANSWERED IN THE AFFIRMATIVE, MAKING UNNECESSARY AN ANSWER TO QUESTION (B).

WITH RESPECT TO THE CASE OF MR. O-BRIEN, IT IS STATED THAT HE RETIRED FROM THE DEPARTMENT OF JUSTICE AT THE CLOSE OF BUSINESS MARCH 31, 1954, HAVING 720 HOURS OF ACCUMULATED ANNUAL LEAVE TO HIS CREDIT, AND THAT HE WAS REEMPLOYED ON APRIL 5, 1954, AS A CRIER IN THE COURT OF A JUDGE WHO KEEPS NO LEAVE RECORDS FOR HIS EMPLOYEES. FURTHER, IT IS STATED THAT, AS YET, NO LUMP-SUM PAYMENT HAS BEEN MADE FOR THE ANNUAL LEAVE STANDING TO HIS CREDIT AT THE DATE OF RETIREMENT. A DECISION IS REQUESTED AS TO WHETHER A LUMP-SUM PAYMENT NOW MAY BE MADE FOR THE TOTAL ANNUAL LEAVE TO HIS CREDIT AT THE DATE OF HIS RETIREMENT AND, IF SO, WHETHER ANY REFUND IS REQUIRED ON ACCOUNT OF HIS SUBSEQUENT REEMPLOYMENT.

SINCE MR. O-BRIEN WAS SEPARATED WITH A BREAK IN SERVICE, HE IS ENTITLED TO A LUMP-SUM PAYMENT FOR ANNUAL LEAVE TO HIS CREDIT AT THE DATE OF SEPARATION. FURTHER, AS STATED ABOVE IN THE CASE OF MISS BARNES, HIS REEMPLOYMENT BY A JUDGE WHO MAINTAINS NO LEAVE RECORDS PLACES HIM BEYOND THE PURVIEW OF ANY LEAVE SYSTEM UNDER WHICH UNUSED LEAVE MIGHT BE RECREDITED. CONSEQUENTLY, NO REFUND OF ANY PART OF THE LUMP-SUM PAYMENT UPON HIS REEMPLOYMENT IS REQUIRED.

HONORABLE JOHN E. MOSS, JR., HOUSE OF REPRESENTATIVES, HAS INQUIRED CONCERNING THE CASE OF MR. O-BRIEN.

GAO Contacts

Office of Public Affairs