B-159045, MAY 19, 1966, 45 COMP. GEN. 711

B-159045, MAY 19, 1966, 45 COMP. GEN. 711

OFFICERS AND EMPLOYEES - SEVERANCE PAY - ELIGIBILITY - PART-TIME, ETC., EMPLOYEES A WHEN ACTUALLY EMPLOYED CAREER-CONDITIONAL APPOINTEE WITH A PRESCHEDULED FULL-TIME TOUR OF DUTY, EVEN THOUGH CARRIED IN A LEAVE WITHOUT-PAY STATUS FROM TIME TO TIME BECAUSE OF WEATHER CONDITIONS, LACK OF FUNDS OR SHORTAGE OF WORK, OR OTHER UNFORESEEN CIRCUMSTANCES, IS ENTITLED TO THE SEVERANCE PAY PRESCRIBED BY 5 U.S.C. 1117 UPON SEPARATION FROM THE SERVICE AND THE EMPLOYEE'S SERVICE TANTAMOUNT TO THAT OF A PART-TIME (SEASONABLE TYPE) EMPLOYEE MEETING THE ELIGIBILITY REQUIREMENTS OF 5 U.S.C. 1117 AND THE IMPLEMENTING SECTION 550.701 (B) CIVIL SERVICE COMMISSION REGULATIONS, THE PAYMENT OF SEVERANCE PAY TO HER MAY BE APPROVED.

TO J. E. PERRY, UNITED STATES DEPARTMENT OF THE INTERIOR, MAY 19, 1966:

YOUR LETTER OF APRIL 21, 1966, REQUESTS OUR DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF A FORMER EMPLOYEE OF THE BUREAU OF SPORT FISHERIES AND WILDLIFE. THE AMOUNT STATED ON THE VOUCHER ($339.74) REPRESENTS SEVERANCE PAY INCIDENT TO HER SEPARATION FROM THAT BUREAU.

THE ONLY QUESTION INVOLVED IS WHETHER THE CONTROLLING STATUTE (SECTION 9 OF PUBLIC LAW 89-301, 5 U.S.C. 1117) AND IMPLEMENTING REGULATIONS OF THE CIVIL SERVICE COMMISSION, SECTION 550.701 (B/--- SEE ATTACHMENT FOR FPM LETTER 550-13, JANUARY 5, 1966--- ARE APPLICABLE SO AS TO AUTHORIZE SEVERANCE PAY TO THE FORMER EMPLOYEE TO WHOM YOUR SUBMISSION APPLIES.

IT APPEARS FROM THE COPY OF THE "NOTIFICATION OF PERSONNEL ACTION" TRANSMITTED HERE WITH YOUR REQUEST FOR DECISION THAT EFFECTIVE JUNE 1, 1963, THE FORMER EMPLOYEE WAS GIVEN A CAREER-CONDITIONAL APPOINTMENT (WAE) WITH A REGULAR TOUR OF DUTY. APPARENTLY THE WAE NOTATION WAS INTENDED TO SIGNIFY THAT THERE WOULD BE PERIODS WHEN THE EMPLOYEE WOULD BE CARRIED IN A LEAVE-WITHOUT-PAY STATUS BECAUSE OF WEATHER CONDITIONS, LACK OF FUNDS OR SHORTAGE OF WORK, OR OTHER UNFORESEEN CIRCUMSTANCES. IN FACT, YOUR LETTER SAYS THAT THE EMPLOYEE WAS IN A LEAVE-WITHOUT-PAY STATUS FOR 314 HOURS IN 1963; FOR 491-1/2 HOURS IN 1964; AND IN 1965 SHE WAS IN A LEAVE-WITHOUT- PAY STATUS FOR 897 HOURS TO THE DATE OF SEPARATION IN NOVEMBER OF THAT YEAR.

SECTION 9 OF PUBLIC LAW 89-301 IS IN PART AS FOLLOWS:

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, THIS SECTION APPLIES TO EACH CIVILIAN OFFICER OR EMPLOYEE * * *

(B) THIS SECTION DOES NOT APPLY TO---

(8) SUCH OTHER OFFICERS OR EMPLOYEES AS MAY BE EXCLUDED BY RULES AND REGULATIONS OF THE PRESIDENT OR OF SUCH OFFICER OR AGENCY AS HE MAY DESIGNATE.

THE REGULATIONS OF THE CIVIL SERVICE COMMISSION (SECTION 550.701 (B) ABOVE) PROVIDE IN PART THAT---

* * * THIS SUBPART APPLIES TO EACH FULL-TIME AND PART-TIME OFFICER AND EMPLOYEE OF A DEPARTMENT, WITH A REGULARLY PRESCHEDULED TOUR OF DUTY WITHIN EACH ADMINISTRATIVE WORKWEEK * * *.

FROM THE INFORMATION PRESENTED IT APPEARS THAT IN EACH ADMINISTRATIVE WORKWEEK THE FORMER EMPLOYEE HAD A PRESCHEDULED FULL TIME TOUR OF DUTY ALTHOUGH FROM TIME TO TIME SHE WAS CARRIED IN A LEAVE WITHOUT-PAY STATUS FOR VARIOUS REASONS AND DID NOT WORK THAT TOUR OF DUTY. IN ANY EVENT, WE UNDERSTAND THAT AT ALL TIMES, OTHER THAN WHEN SHE WAS IN A LEAVE-WITHOUT- PAY STATUS, THE EMPLOYEE WORKED A PRESCHEDULED FULL-TIME TOUR OF DUTY. OUR UNDERSTANDING IS CORRECT THE FORMER EMPLOYEE INVOLVED WOULD APPEAR TO MEET THE ELIGIBILITY REQUIREMENTS OF THE LAW AND REGULATION. PRINCIPLE, HER CASE APPEARS TO BE TANTAMOUNT TO THAT OF A PART-TIME (SEASONAL TYPE) EMPLOYEE. ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.