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B-123384, OCT. 28, 1969

B-123384 Oct 28, 1969
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PART-TIME OR INTERMITTENT EMPLOYEES HOURLY RATE REGULAR EMPLOYEES IN POSTAL FIELD SERVICE UNDER PERMANENT CAREER APPOINTMENTS TO WORK MAXIMUM OF 20 HOURS PER WEEK ARE NOT ENTITLED TO MILITARY LEAVE WITH PAY SINCE THEY ARE PART-TIME EMPLOYEES AND NEITHER ACT OF JULY 1. POSTMASTER GENERAL: THIS IS IN REPLY TO LETTER OF OCTOBER 6. REQUESTING OUR DECISION AS TO WHETHER CERTAIN HOURLY RATE REGULAR EMPLOYEES IN THE POSTAL FIELD SERVICE ARE ENTITLED TO THE MILITARY LEAVE AUTHORIZED BY SECTION 6323 OF TITLE 5. THE EMPLOYEES INVOLVED ARE GIVEN PERMANENT CAREER APPOINTMENTS FROM COMPETITIVE EXAMINATIONS TO WORK A MAXIMUM OF 20 HOURS A WEEK. PART-TIME AND INTERMITTENT EMPLOYEES ARE NOT ENTITLED TO MILITARY LEAVE WITH PAY.

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B-123384, OCT. 28, 1969

LEAVES OF ABSENCE--CIVILIANS ON MILITARY DUTY--PART-TIME OR INTERMITTENT EMPLOYEES HOURLY RATE REGULAR EMPLOYEES IN POSTAL FIELD SERVICE UNDER PERMANENT CAREER APPOINTMENTS TO WORK MAXIMUM OF 20 HOURS PER WEEK ARE NOT ENTITLED TO MILITARY LEAVE WITH PAY SINCE THEY ARE PART-TIME EMPLOYEES AND NEITHER ACT OF JULY 1, 1947 NOR ACT OF JUNE 22, 1956, CONCERNING SUBSTITUTE POSTAL EMPLOYEES, AUTHORIZES MILITARY LEAVE WITH PAY FOR PART-TIME AND INTERMITTENT EMPLOYEES. LATE LEGISLATION RELATING TO CLASSES OF EMPLOYEES ENTITLED TO SUCH PAY, NOW INCORPORATED IN 5 U.S.C. 6323, MERELY RESTATED AND CODIFIED LAW IN THIS RESPECT. SEE 35 COMP. GEN. 5 (1955).

TO MR. POSTMASTER GENERAL:

THIS IS IN REPLY TO LETTER OF OCTOBER 6, 1969, FROM THE ASSISTANT POSTMASTER GENERAL, BUREAU OF PERSONNEL, REQUESTING OUR DECISION AS TO WHETHER CERTAIN HOURLY RATE REGULAR EMPLOYEES IN THE POSTAL FIELD SERVICE ARE ENTITLED TO THE MILITARY LEAVE AUTHORIZED BY SECTION 6323 OF TITLE 5, UNITED STATES CODE.

THE EMPLOYEES INVOLVED ARE GIVEN PERMANENT CAREER APPOINTMENTS FROM COMPETITIVE EXAMINATIONS TO WORK A MAXIMUM OF 20 HOURS A WEEK. THEY WORK ON AN ESTABLISHED SCHEDULE OF HOURS A DAY AND DAYS OF THE WEEK WHICH SCHEDULE CONTINUES INDEFINITELY. THE QUESTION OF ENTITLEMENT ARISES BECAUSE OF OUR DECISION 35 COMP. GEN. 5 (1955).

OUR DECISION 35 COMP. GEN. 5 HELD THAT UNDER THE ACT OF JULY 1, 1947, 61 STAT. 239, PART-TIME AND INTERMITTENT EMPLOYEES ARE NOT ENTITLED TO MILITARY LEAVE WITH PAY. SUBSEQUENTLY, SUBSTITUTE EMPLOYEES IN THE POSTAL FIELD SERVICE WERE GRANTED MILITARY LEAVE WITH PAY ON A PRO RATA BASIS BY THE ACT OF JUNE 22, 1956, 70 STAT. 331. HOWEVER, THIS ACT DID NOT GRANT MILITARY LEAVE WITH PAY TO OTHER INTERMITTENT OR PART-TIME EMPLOYEES. LATER LEGISLATION, NOW INCORPORATED IN 5 U.S.C. 6323, MERELY RESTATED AND CODIFIED THE LAW WITH RESPECT TO THE CLASSES OF EMPLOYEES ENTITLED TO MILITARY LEAVE WITH PAY.

ACCORDINGLY, SINCE THE HOURLY RATE REGULAR EMPLOYEES INVOLVED ARE PART- TIME EMPLOYEES, THEY ARE NOT ENTITLED TO MILITARY LEAVE WITH PAY.

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