B-43081, JULY 13, 1944, 24 COMP. GEN. 26

B-43081, JULY 13, 1944, 24 COMP. GEN. 26

LEAVES OF ABSENCE - ANNUAL - INDEFINITE EMPLOYEES THE 2 DAYS' MONTHLY CREDIT AUTHORIZED BY SECTION 2.1 (C) OF THE ANNUAL LEAVE REGULATIONS FOR INDEFINITE EMPLOYEES MAY BE ADMINISTRATIVELY ALLOWED AT THE END OF EACH MONTH OF SERVICE, INCLUDING THE FIRST MONTH, IN WHICH IT IS EARNED; HOWEVER, THERE IS NO ADMINISTRATIVE AUTHORITY TO GRANT INDEFINITE EMPLOYEES SUCH LEAVE CREDIT AT THE BEGINNING OF OR DURING THE SERVICE MONTH IN WHICH THE LEAVE IS EARNED, OTHER THAN AT THE END THEREOF.

ACTING COMPTROLLER GENERAL YATES TO P. H. HARLEY, DEPARTMENT OF AGRICULTURE, JULY 13, 1944:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 22, 1944 (FILE A, DISBURSEMENT-- - R3, GENERAL ACCOUNTING OFFICE), AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH FOR YOUR CONSIDERATION BUREAU VOUCHER NO. 5 -948 IN FAVOR OF WILLIAM E. WILLIAMS, A FIRE CONTROL GUARD ON THE CORONADO NATIONAL FOREST, COVERING SALARY FOR MAY 15 AND MAY 16, 1944 IN THE AMOUNT OF $13.52.

THE PAYEE, WILLIAM E. WILLIAMS, ENTERED ON DUTY AS AN INDEFINITE EMPLOYEE ON APRIL 17, 1944. HE APPLIED FOR, AND WAS GRANTED ANNUAL LEAVE FOR THE PERIOD FROM MAY 15 TO MAY 18, INCLUSIVE. HOWEVER, SINCE IT SEEMS CLEAR UNDER THE NEW LEAVE REGULATIONS, EFFECTIVE JANUARY 1, 1944, THAT HE HAS NOT EARNED LEAVE FOR MAY 17 AND MAY 18, PAYMENT FOR THESE TWO DAYS HAS BEEN ADMINISTRATIVELY DISALLOWED. THE QUESTION FOR CONSIDERATION IS WHETHER MR. WILLIAMS IS ENTITLED TO PAY FOR ANNUAL LEAVE ON MAY 15 AND MAY 16.

IN DECISION B-40518 DATED MARCH 16, 1944, IT IS STATED THAT A PERIOD OF LEAVE WITHOUT PAY BREAKS A MONTH OF SERVICE SO AS TO PRECLUDE THE CREDITING OF ANNUAL AND SICK LEAVE TO TEMPORARY AND INDEFINITE EMPLOYEES WHO ARE ABSENT ON LEAVE WITHOUT PAY FOR A PORTION OF A MONTH. HOWEVER, IN THIS CASE IT WAS THE INTENTION OF THE ADMINISTRATIVE OFFICER TO GRANT THE LAST TWO DAYS OF THE FIRST MONTH OF SERVICE AS ANNUAL LEAVE AS DISTINGUISHED FROM LEAVE WITHOUT PAY. ANOTHER POINT FOR CONSIDERATION IN THIS CASE IS THAT THE ABSENCE IS NOT TO BE REGARDED AS TERMINAL LEAVE INASMUCH AS IT WAS UNDERSTOOD AT THE TIME THE LEAVE WAS TAKEN THAT THE EMPLOYEE WOULD RETURN TO DUTY ON MAY 19 FOLLOWING THE FOUR DAYS' ABSENCE.

IN ACCORDANCE WITH PROVISION CONTAINED IN THE ACT OF DECEMBER 29, 1941 (55 STAT. 875) IT IS RESPECTFULLY REQUESTED THAT I BE ADVISED AS TO WHETHER OR NOT THE ENCLOSED VOUCHER MAY PROPERLY BE CERTIFIED FOR PAYMENT.

SECTION 2.1 (B) AND (C) OF THE NEW LEAVE REGULATIONS, EXECUTIVE ORDER 9414, DATED JANUARY 13, 1944, PROVIDES AS FOLLOWS:

(B) TEMPORARY EMPLOYEES SHALL BE CREDITED WITH LEAVE OF 2 1/2 DAYS FOR EACH MONTH OF SERVICE. AFTER THE FIRST MONTH OF SERVICE SUCH LEAVE MAY BE CREDITED AT THE BEGINNING OF THE MONTH IN WHICH IT ACCRUES.

(C) INDEFINITE EMPLOYEES SHALLL BE CREDITED WITH LEAVE OF TWO DAYS FOR EACH MONTH OF SERVICE PLUS AN ADDITION 1/2 DAY WHEN THE SERVICE AGGREGATES THREE MONTHS.

THERE IS FOR NOTING THAT THE REGULATION APPLICABLE TO INDEFINITE EMPLOYEES IS SILENT AS TO THE TIME OF THE MONTH WHEN THE TWO DAYS' LEAVE MAY BE CREDITED TO THE EMPLOYEE EITHER DURING THE FIRST OR SUBSEQUENT MONTHS OF SERVICE. IN THE ABSENCE OF ANY PROVISION IN THE REGULATION TO THE CONTRARY, IT IS WITHIN ADMINISTRATIVE DISCRETION TO ALLOW THE TWO DAYS' LEAVE AT THE END OF EACH MONTH OF SERVICE, INCLUDING THE FIRST MONTH OF SERVICE OF INDEFINITE EMPLOYEES. CF. 23 COMP. GEN. 732, AND QUESTION AND ANSWER 3, DECISION OF MAY 4, 1944, B 41511, 23 COMP. GEN. 841. HOWEVER, IN VIEW OF THE NATURE OF THE EMPLOYMENT AND IN THE LIGHT OF THE DISTINCTION MADE IN THE REGULATIONS BETWEEN TEMPORARY AND INDEFINITE EMPLOYEES, THERE IS NO ADMINISTRATIVE AUTHORITY TO GRANT INDEFINITE EMPLOYEES THE TWO DAYS' LEAVE CREDIT AT THE BEGINNING OR DURING THE SERVICE MONTH IN WHICH THE LEAVE IS EARNED OTHER THAN AT THE END THEREOF. ON THAT BASIS IT WAS PROPER TO DENY LEAVE FOR MAY 17 AND 18, 1944, THE BEGINNING OF THE SECOND MONTH OF SERVICE OF THE EMPLOYEE WHOSE CASE HAS BEEN PRESENTED. HOWEVER, AS MAY 15 AND 16, 1944 ENDED THE FIRST MONTH OF SERVICE OF THE EMPLOYEE, THE GRANTING OF LEAVE FOR THOSE TWO DAYS WAS NOT IMPROPER.

ACCORDINGLY, THE SUBMITTED VOUCHER, IF OTHERWISE CORRECT AND PROPER, MAY BE CERTIFIED FOR PAYMENT.