B-50806, JULY 20, 1945, 25 COMP. GEN. 82

B-50806, JULY 20, 1945, 25 COMP. GEN. 82

GRANTING OF ANNUAL LEAVE IMMEDIATELY PRIOR TO SEPARATION FROM SERVICE - DURING PERIOD OF REQUIRED ADVANCE NOTICE OF SEPARATION NOTWITHSTANDING THE MANDATORY PROVISIONS OF THE LUMP-SUM LEAVE PAYMENT STATUTE OF DECEMBER 21, 1944, IN CONNECTION WITH WHICH IT HAS BEEN HELD THAT ANNUAL LEAVE MAY NOT BE GRANTED IMMEDIATELY PRIOR TO SEPARATION, ANNUAL LEAVE MAY BE GRANTED TO EMPLOYEES DURING THE PERIOD OF ADVANCE NOTICE OF SEPARATION OF A SPECIFIC LENGTH OF TIME TO WHICH THEY ARE ENTITLED UNDER A LAW OR STATUTORY REGULATIONS (SUCH AS THE REGULATIONS OF THE CIVIL SERVICE COMMISSION WITH RESPECT TO EMPLOYEES' RETENTION PREFERENCE RIGHTS UNDER SECTIONS 12 AND 14 OF THE VETERANS' PREFERENCE ACT OF 1944), WHERE IT IS IMPRACTICABLE TO RETAIN THE EMPLOYEES UPON ACTIVE DUTY DURING SUCH PERIOD. WHERE AN EMPLOYEE GRANTED ANNUAL LEAVE FOR THE 30-DAY PERIOD OF ADVANCE NOTICE OF SEPARATION BY REDUCTION IN FORCE TO WHICH HE IS ENTITLED UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944 RESIGNS PRIOR TO EXPIRATION OF SUCH PERIOD, THE EMPLOYEE'S SEPARATION, FOR PURPOSES OF LUMP -SUM PAYMENT UNDER THE ACT OF DECEMBER 21, 1944, FOR THE REMAINDER OF HIS ACCRUED LEAVE, SHOULD BE MADE EFFECTIVE AT THE END OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE RESIGNATION IS RECEIVED.

ACTING COMPTROLLER GENERAL MCFARLAND TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, JULY 20, 1945:

I HAVE YOUR LETTER OF JUNE 27, 1945, AS FOLLOWS.

QUESTIONS HAVE ARISEN IN THE CIVIL SERVICE COMMISSION IN REFERENCE TO THE APPLICABILITY OF PUBLIC LAW NO. 525, 78TH CONGRESS, SECOND SESSION (EFFECTIVE DECEMBER 21, 1944), TO THE ADMINISTRATION OF THE VETERANS' PREFERENCE ACT OF 1944 (58 STAT. 387), AND THE REGULATIONS THEREUNDER, THE REGULATIONS OF THE WAR MANPOWER COMMISSION ( DIRECTIVE NO. X) ISSUED PURSUANT TO THE FIRST WAR POWERS ACT OF 1941 (55 STAT. 838), AND THE LAWS WHICH CONTROL LEAVE OF ABSENCE.

SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944 PROVIDES IN MATERIAL PART THAT EMPLOYEES ENTITLED TO VETERAN PREFERENCE UNDER THAT ACT ARE ENTITLED TO SPECIAL BENEFITS IN CONNECTION WITH DISCHARGES, SUSPENSIONS FOR MORE THAN THIRTY DAYS, FURLOUGHS WITHOUT PAY, OR REDUCTION IN RANK OR COMPENSATION, IF THEY ARE PERMANENT OR INDEFINITE EMPLOYEES WHO HAVE COMPLETED A PROBATIONARY OR TRIAL PERIOD. AMONG THESE SPECIAL BENEFITS ARE THE RIGHT TO AT LEAST THIRTY DAYS ADVANCE WRITTEN NOTICE STATING SPECIFICALLY AND IN DETAIL ANY AND ALL REASONS FOR THE PROPOSED ACTION AND THE RIGHT TO APPEAL SUCH ACTION TO THE CIVIL SERVICE COMMISSION. THE PROVISIONS OF SECTION 14 CONFER THE ABOVE MENTIONED RIGHTS ON PREFERENCE ELIGIBLES ONLY. NON-PREFERENCE ELIGIBLES INVOLVED IN ANY REDUCTION IN FORCE UNDER THE PROVISIONS OF SECTION 12 OF THE VETERANS' PREFERENCE ACT OF 1944, DERIVE THEIR RIGHTS TO THIRTY DAYS ADVANCE WRITTEN NOTICE AND TO APPEAL SUCH ACTION FROM THE CIVIL SERVICE COMMISSION'S REGULATIONS ( DEPARTMENTAL CIRCULAR NO. 510) ISSUED PURSUANT TO THE PROVISIONS OF SECTION 11 OF THE VETERANS' PREFERENCE ACT OF 1944, WHICH CONFERS ON THE CIVIL SERVICE COMMISSION AUTHORITY TO PROMULGATE APPROPRIATE RULES AND REGULATIONS FOR THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THE VETERANS' PREFERENCE ACT OF 1944. RETENTION PREFERENCE REGISTERS COMPILED IN ACCORDANCE WITH THE PROVISIONS OF DEPARTMENTAL CIRCULAR NO. 510 ESTABLISH RETENTION STANDINGS FOR ALL COMPETING EMPLOYEES, INCLUDING PREFERENCE AND NON-PREFERENCE ELIGIBLES ON THE BASIS OF CONSIDERATIONS OF TENURE OF EMPLOYMENT, MILITARY PREFERENCE, LENGTH OF SERVICE AND EFFICIENCY RATINGS.

THE CIVIL SERVICE COMMISSION INCLUDED IN ITS REGULATIONS (SECTION 10 OF DEPARTMENTAL CIRCULAR NO. 510) PROVISION THAT

"EACH EMPLOYEE AFFECTED BY A REDUCTION IN FORCE SHALL BE GIVEN AN INDIVIDUAL NOTICE IN WRITING AT LEAST 30 DAYS BEFORE THE ACTION BECOMES EFFECTIVE * * *. WHEREVER POSSIBLE, THIS NOTICE SHALL BE GIVEN 30 DAYS BEFORE THE EMPLOYEE IS RELIEVED FROM ACTIVE DUTY AND THE EMPLOYEE SHALL BE CONTINUED IN A PAY STATUS UNTIL HIS ACCRUED LEAVE IS EXHAUSTED. WHERE THERE IS INSUFFICIENT WORK TO CONTINUE THE EMPLOYEE IN AN ACTIVE-DUTY STATUS FOR 30 DAYS, HE SHALL HAVE THE GREATEST NOTICE POSSIBLE BEFORE HE IS RELIEVED FROM ACTIVE DUTY, AND SHALL THEREAFTER BE CARRIED IN A PAY STATUS UNTIL HIS ACCRUED LEAVE IS EXHAUSTED. IF THE PERIOD OF ACTIVE DUTY AFTER NOTICE IS GIVEN AND THE PERIOD OF ACCRUED LEAVE TOTAL LESS THAN 30 DAYS, HE SHALL HAVE THE GREATEST NOTICE POSSIBLE BEFORE HE IS RELIEVED FROM ACTIVE DUTY, AND SHALL THEREAFTER BE CARRIED IN A PAY STATUS UNTIL HIS ACCRUED LEAVE IS EXHAUSTED. IF THE PERIOD OF ACTIVE DUTY AFTER NOTICE IS GIVEN AND THE PERIOD OF ACCRUED LEAVE TOTAL LESS THAN 30 DAYS, THE EMPLOYEE SHALL BE CARRIED IN A NONPAY STATUS FOR THE REMAINDER OF THE 30 DAY PERIOD. BESIDES SPECIFYING THE NATURE OF THE ACTION AND THE DATE OF TERMINATION OF ACTIVE DUTY, THE NOTICE SHALL INFORM THE EMPLOYEE OF:

"/A) HIS RIGHT TO BE CONTINUED IN A PAY STATUS UNTIL ACCRUED LEAVE IS EXHAUSTED, * * *.'

THE ABOVE REGULATION WILL BE APPROPRIATELY AMENDED AS SOON AS THE PROVISIONS OF SECTION 1 OF THE PUBLIC LAW NO. 525 HAVE BEEN CLARIFIED. IS FELT THAT UNIFORM TREATMENT SHOULD BE ACCORDED PREFERENCE ELIGIBLES AND NON-PREFERENCE ELIGIBLES IN REGARD TO THE TIMELINESS OF ADVANCE NOTICE OF PROPOSED SEPARATIONS BY REDUCTION IN FORCE AND RIGHT OF APPEAL FROM SUCH ACTION, AND BE MADE TO CONFORM TO THE PROVISION IN SECTION 14 OF THE VETERANS' PREFERENCE ACT AND WAR MANPOWER COMMISSION DIRECTIVE NO. X, REGARDING THIRTY DAYS' NOTICE.

SECTION IV OF WAR MANPOWER COMMISSION DIRECTIVE NO. X (OF SEPTEMBER 14, 1942) ISSUED UNDER THE DIRECT AUTHORITY OF EXECUTIVE ORDER NO. 9139, PROVIDES IN PART AS FOLLOWS:

"ANY EMPLOYEE OF A DEPARTMENT OR AGENCY OF THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT * * * WHO HAS BEEN TRANSFERRED PURSUANT TO PARAGRAPH I OF THIS DIRECTIVE SHALL BE ENTITLED TO THIRTY DAYS' NOTICE * * * PRIOR TO TERMINATION OF HIS SERVICES * * * UNLESS SUCH TERMINATION IS FOR CAUSE.'

IT IS PERTINENT TO MENTION THAT EMPLOYEES HAVING BEEN TRANSFERRED UNDER WAR TRANSFER REGULATIONS FROM ONE DEPARTMENT OR AGENCY TO ANOTHER MAY NOT UNDER EXISTING REGULATIONS EXERCISE THEIR REEMPLOYMENT RIGHTS IN THE DEPARTMENT OR AGENCY FROM WHICH TRANSFERRED UNTIL THEIR SERVICES IN THE DEPARTMENT OR AGENCY TO WHICH TRANSFERRED HAVE BEEN TERMINATED. THE FOREGOING APPLIES IN SEPARATIONS BY REDUCTION IN FORCE.

SECTION 3 OF REGULATION II OF THE COMMISSION'S REGULATIONS GOVERNING APPEALS UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944 ( DEPARTMENTAL CIRCULAR NO. 507, SUPPLEMENT NO. 2) READS:

"THE ADVANCE WRITTEN NOTICE WHICH IS REQUIRED WHEN A PROPOSED ADVERSE ACTION IS SOUGHT BY AN EMPLOYING AGENCY SHALL BE SUBMITTED TO THE EMPLOYEE AT LEAST THIRTY (30) DAYS BEFORE THE EFFECTIVE DATE OF SUCH PROPOSED ACTION, AND DURING SUCH THIRTY (30) DAY PERIOD THE EMPLOYEE SHALL CONTINUE IN AN ACTIVE DUTY STATUS; BUT IN CASES OF FURLOUGH WITHOUT PAY DUE TO UNFORESEEABLE CIRCUMSTANCES SUCH AS SUDDEN BREAKDOWNS IN EQUIPMENT OR ACTS OF GOD, ADVANCE NOTICE SHALL NOT BE NECESSARY.

"IN EXCEPTIONAL CASES WHERE THE CIRCUMSTANCES ARE SUCH THAT THE RETENTION OF THE EMPLOYEE IN AN ACTIVE DUTY STATUS DURING THE THIRTY (30) DAY PERIOD MAY RESULT IN DAMAGE TO GOVERNMENT PROPERTY, WOULD BE OTHERWISE DETRIMENTAL TO THE INTERESTS OF THE GOVERNMENT, OR WOULD BE INJURIOUS TO THE EMPLOYEE, HIS FELLOW WORKERS OR THE GENERAL PUBLIC, AND THE EMPLOYEE CANNOT DURING SUCH PERIOD BE TEMPORARILY ASSIGNED TO DUTIES IN WHICH THESE CONDITIONS WOULD NOT EXIST, HE SHALL BE PLACED ON ANNUAL LEAVE PROVIDED HE HAS SUFFICIENT ANNUAL LEAVE TO HIS CREDIT TO COVER THE REQUIRED PERIOD, AND OTHERWISE, SUSPENDED FOR SUCH PERIOD OR PERIODS DURING THE THIRTY (30) DAYS AS THE CIRCUMSTANCES WARRANT; PROVIDED THAT A CERTIFICATE IS FILED BY THE ADMINISTRATIVE OFFICER IN THE RECORDS OF THE EMPLOYING AGENCY SETTING FORTH THE SPECIFIC CIRCUMSTANCES IN SUCH EXCEPTIONAL CASES. THE REASONABLENESS OF SUCH EXCEPTIONS, INCLUDING SUSPENSIONS, WILL BE CONSIDERED IN CONNECTION WITH THE ENTIRE CASE IN THE EVENT THAT AN EMPLOYEE SUBSEQUENTLY APPEALS FROM THE FINAL ADVERSE DECISION REACHED BY THE ADMINISTRATIVE OFFICER.'

THE LANE ACT ( PUBLIC LAW NO. 525, 78TH CONGRESS, SECOND SESSION) PROVIDES IN SECTION 1 THEREOF, THAT

"WHENEVER ANY CIVILIAN OFFICER OR EMPLOYEE OF THE FEDERAL GOVERNMENT * * * IS SEPARATED FROM THE SERVICE * * * HE SHALL BE PAID COMPENSATION IN A LUMP-SUM FOR ALL ACCUMULATED AND CURRENT ACCRUED ANNUAL OR VACATION LEAVE TO WHICH HIS IS ENTITLED UNDER EXISTING LAW.'

CONSTRUING THE PROVISIONS OF SECTION 1 OF PUBLIC LAW NO. 525, YOU HELD IN YOUR DECISION B-46683 OF JANUARY 11, 1945, AND SUBSEQUENT DECISIONS " * * * THAT THE STATUTE IS MANDATORY AND THAT TERMINAL ANNUAL, OR VACATION LEAVE MAY NOT BE GRANTED IMMEDIATELY PRIOR TO SEPARATION FROM THE SERVICE IN ANY CASE WHERE IT IS KNOWN IN ADVANCE THAT THE EMPLOYEE IS TO BE SEPARATED FROM THE SERVICE * * * .' YOU POINTED OUT FURTHER, "THAT THE LAST DAY OF ACTIVE SERVICE OF AN EMPLOYEE RECEIVING A LUMP-SUM PAYMENT FOR LEAVE WILL BE THE DATE OF SEPARATION FROM THE SERVICE.' YOU EMPHASIZED IN YOUR DECISION B-47112 OF JANUARY 23, 1945, THAT THE PERIOD OVER WHICH LEAVE IS COMPUTED IS NOT TO BE REGARDED AS SERVICE.

INSTANCES HAVE OCCURRED WHERE CIRCUMSTANCES MADE IT NOT REASONABLY POSSIBLE FOR ADMINISTRATIVE AUTHORITIES TO KNOW FAR ENOUGH IN ADVANCE OF NECESSARY REDUCTIONS IN FORCE TO PERMIT OF THIRTY DAYS' NOTICE BEFORE THE LAST DAY OF ACTIVE DUTY OF EMPLOYEES. SUCH INSTANCES MAY BE EXPECTED TO OCCUR MORE FREQUENTLY IN TIMES TO COME. WE HAVE IN MIND SUDDEN DECREASE OF ACTIVITIES, LAST MINUTE FAILURES OF APPROPRIATIONS, ABRUPT INACTIVATION OF WAR-TIME INSTALLATIONS, ETC. TO HOLD THAT PUBLIC LAW NO. 525 PRECLUDES CARRYING AN EMPLOYEE ON THE ROLLS IN A PAY STATUS OR A NON-PAY STATUS AFTER HIS LAST DAY OF WORK, WOULD IN MANY INSTANCES, NULLIFY THE PROVISIONS OF SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944, WHICH REQUIRE AT LEAST THIRTY DAYS' ADVANCE NOTICE TO A PREFERENCE ELIGIBLE BEFORE ANY OF THE ACTIONS UNDER SECTION 14, INCLUDING REDUCTION IN FORCE, MAY BE MADE EFFECTIVE. LIKEWISE, IT WOULD NULLIFY THE THIRTY DAYS' NOTICE PROVIDED BY REGULATION FOR NON-PREFERENCE ELIGIBLES IN REDUCTION IN FORCE ACTIONS UNDER SECTION 12 OF THAT ACT. WE PREFER TO BELIEVE, FROM THE POINT OF SOUND PERSONNEL ADMINISTRATION, THAT PUBLIC LAW NO. 525 IS NOT SO INTENDED.

THE FOLLOWING QUESTIONS HAVE COME BEFORE THE COMMISSION FOR ANSWER IN RESPECT OF WHICH YOUR CLARIFICATION WOULD BE MOST HELPFUL, PARTICULARLY IN OUR ADMINISTRATION OF THE VETERANS' PREFERENCE ACT OF 1944, PUBLIC LAW NO. 525, AND WAR MANPOWER COMMISSION DIRECTIVE NO. X IN RELATIONS TO REDUCTIONS IN FORCE.

QUESTION NO. 1: THE LANGUAGE USED IN SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944 AND SECTION 1 OF PUBLIC LAW NO. 525 APPEARS TO MAKE THOSE TWO PROVISIONS OF THE RESPECTIVE LAWS EQUALLY MANDATORY. WE DO NOT PERCEIVE ANY CONFLICT BETWEEN YOUR RULING IN B-46683 WITH REGARD TO THE MANDATORY CHARACTER OF PUBLIC LAW NO. 525, AND OUR INTERPRETATIONS THEREOF, SINCE, IT APPEARS, YOUR DECISION REFERS TO " TERMINAL ANNUAL, OR VACATION LEAVE" AND IS TO BE DISTINGUISHED FROM ,ANNUAL LEAVE.' FOLLOWING THIS LINE OF REASONING A PREFERENCE ELIGIBLE EMPLOYEE, WITH 90 DAYS ANNUAL LEAVE TO HIS CREDIT, WHO IS NOTIFIED THAT 30 DAYS HENCE HE WILL BE SEPARATED BY REDUCTION IN FORCE MAY BE CARRIED ON AN ANNUAL LEAVE STATUS FOR 30 DAYS TO THE DATE OF THE PROPOSED SEPARATION BUT MUST THEREAFTER BE PAID IN A LUMP-SUM FOR HIS REMAINING 60 DAYS ANNUAL LEAVE. ARE THE FOREGOING INTERPRETATIONS CORRECT?

QUESTION NO. 2: ASSUME THAT THE PREFERENCE ELIGIBLE MENTIONED IN QUESTION NO. 1 WITH 90 DAYS ANNUAL LEAVE TO HIS CREDIT IS GRANTED ANNUAL LEAVE FOR THE 30-DAY PERIOD IMMEDIATELY FOLLOWING NOTICE OF THE PROPOSED SEPARATION BY REDUCTION IN FORCE. ON THE TWENTIETH DAY HE RESIGNS EFFECTIVE AT THE CLOSE OF BUSINESS THAT DAY TO ACCEPT EMPLOYMENT HE HAS BEEN ABLE TO OBTAIN OUTSIDE THE GOVERNMENT. HE HAS ALREADY RECEIVED HIS REGULAR SALARY PAYMENT FOR THE FIRST FIFTEEN DAYS OF THE 30-DAY PERIOD. SHOULD HE RECEIVE AN ADJUSTED SALARY PAYMENT FOR THE PERIOD FROM THE SIXTEENTH DAY TO THE TWENTIETH DAY AND A LUMP-SUM PAYMENT FOR THE 70 DAYS ANNUAL LEAVE REMAINING TO HIS CREDIT? IF NOT, AS OF WHAT DAY SHOULD HIS SEPARATION BE MADE EFFECTIVE?

QUESTION NO. 3: WE RECOGNIZE THAT IT IS MANDATORY UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT THAT PREFERENCE ELIGIBLES BE GIVEN AT LEAST 30 DAYS ADVANCE WRITTEN NOTICE OF THEIR PROPOSED SEPARATION FROM THE SERVICE BY REDUCTION IN FORCE. IN THE INTEREST OF SOUND ADMINISTRATION AND TO PROVIDE FOR UNIFORM TREATMENT OF ALL EMPLOYEES AFFECTED BY REDUCTIONS IN FORCE, THE RETENTION PREFERENCE REGULATIONS ( SECTION 10 DEPARTMENTAL CIRCULAR NO. 510), QUOTED IN PART HEREINBEFORE, WE PROMULGATED UNDER AUTHORITY OF SECTION 11 OF THE VETERANS' PREFERENCE ACT BY THE CIVIL SERVICE COMMISSION TO PROVIDE A BASIS FOR REQUIRING 30 DAYS WRITTEN NOTICE TO ALL EMPLOYEES AFFECTED BY REDUCTION IN FORCE INCLUDING THOSE REFERRED TO IN SECTION 4 OF WAR MANPOWER COMMISSION DIRECTIVE NO. X. IS THE REGULATION REFERRED TO ABOVE FULLY AUTHORIZED BY THE STATUTE TO THE END THAT 30 DAYS ADVANCE WRITTEN NOTICE TO ALL EMPLOYEES AFFECTED BY THE REDUCTION IN FORCE MAY BE REQUIRED AS CONDITION PRECEDENT TO ACTUAL SEPARATION?

QUESTION NO. 4: DOES THE PROVISION IN SECTION 3 OF REGULATION II OF THE COMMISSION'S REGULATIONS UNDER SECTION 14 OF THE VETERANS' PREFERENCE ACT OF 1944 ( DEPARTMENTAL CIRCULAR NO. 507, SUPPLEMENT NO. 2), REGARDING GRANTING OF LEAVE FOR A PORTION OF THE 30-DAY PERIOD IN ,EXCEPTIONAL CASES" CONFLICT WITH YOUR DECISION OF JANUARY 11, 1945 (B 46683) THAT LEAVE MAY NOT BE GRANTED PRIOR TO SEPARATION FROM THE SERVICE WHERE IT IS KNOWN IN ADVANCE THAT THE EMPLOYEE IS TO BE SEPARATED.

IN NONE OF THE DECISIONS OF THIS OFFICE--- CONSTRUING OR APPLYING THE LUMP-SUM PAYMENT LAW OF DECEMBER 21, 1944, 58 STAT. 845, PUBLIC LAW 525, AND HOLDING THAT TERMINAL ANNUAL LEAVE MAY NOT BE GRANTED WHERE IT IS KNOWN IN ADVANCE THAT THE EMPLOYEE IS TO BE SEPARATED FROM THE SERVICE--- HAS ANY CONSIDERATION BEEN GIVEN TO THE MATTERS COVERED BY THE QUESTIONS PRESENTED IN YOUR LETTER INVOLVING THE REQUIREMENT OF THE VETERANS' PREFERENCE LAWS AND CIVIL SERVICE REGULATIONS ISSUED PURSUANT TO STATUTE FOR AN ADVANCE NOTICE OF SEPARATION ON ACCOUNT OF REDUCTION OF FORCE OR OTHERWISE. SEE 24 COMP. GEN. 511, 526, 616, 617; DECISION OF MARCH 5, 1945, B-47946, 24 COMP. GEN. 650; DECISION OF MARCH 7, 1945, B-48039, 24 COMP. GEN. 651; DECISION OF MARCH 7, 1945, B-48070, 24 COMP. GEN 659; DECISION OF APRIL 9, 1945; B-48611, 24 COMP. GEN. 735; AND DECISION OF APRIL 20, 1945, B-48972, 24 COMP. GEN. 768. OF COURSE, A DISTINCTION MAY BE DRAWN BETWEEN THE TERMINAL LEAVE CONSIDERED IN THOSE DECISIONS AND THE SO-CALLED TERMINAL LEAVE HERE INVOLVED IN THAT THE FORMER RELATES TO TRUE OR ABSOLUTE TERMINAL LEAVE WHEREAS THE LATTER--- BECAUSE OF THE RIGHT IN THE VETERAN TO APPEAL THE 30-DAY NOTICE OF DISCHARGE OR SEPARATION--- IS NOT NECESSARILY ABSOLUTE IN THAT THE RESULT OF AN APPEAL COULD VERY WELL LEAD TO THE WITHDRAWAL OR CANCELLATION OF THE NOTICE. IN ANY EVENT THIS OFFICE IS IN AGREEMENT WITH YOUR STATED VIEW THAT WHERE A LAW OR CIVIL SERVICE REGULATION HAVING THE FORCE AND EFFECT OF LAW REQUIRES AN ADVANCE NOTICE OF SEPARATION OF A SPECIFIC LENGTH OF TIME, 30 DAYS HAVING BEEN MENTIONED IN YOUR LETTER, ANNUAL LEAVE MAY BE GRANTED DURING THE PERIOD OF ADVANCE NOTICE OF SEPARATION WHERE IT IS IMPRACTICABLE TO RETAIN THE EMPLOYEE UPON ACTIVE DUTY DURING SUCH PERIOD.

YOUR ATTENTION MAY BE INVITED TO THE FACT THAT THE 30 DAYS' NOTICE OF SEPARATION MENTIONED IN YOUR LETTER DOES NOT HARMONIZE WHOLLY WITH THE PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 295, APPROVED JUNE 30, 1945, PUBLIC LAW 106, WITH RELATION TO SALARY PAYMENTS FOR BI-WEEKLY PERIODS. ACCORDINGLY, AS AN AID IN COMPUTING, PAYING AND ACCOUNTING FOR COMPENSATION, IT IS SUGGESTED FOR YOUR CONSIDERATION THAT SO FAR AS IS POSSIBLE UNDER THE PROVISIONS OF EXISTING LAW, THE REGULATIONS OF THE COMMISSION BE MODIFIED AS TO EMPLOYEES WHOSE COMPENSATION IS COMPUTED AND PAID IN ACCORDANCE WITH THE PROVISIONS OF SECTION 604 (D) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, 59 STAT. 304, SO THAT THE PERIOD OF ADVANCE NOTICE WILL CORRESPOND TO THE BI-WEEKLY PAY PERIODS THEREIN REQUIRED.

IN THE LIGHT OF THE FOREGOING, YOUR QUESTION NO. 1 IS ANSWERED IN THE AFFIRMATIVE.

REFERRING TO QUESTION 2, THE SEPARATION OF THE EMPLOYEE SHOULD BE MADE EFFECTIVE AT THE END OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE RESIGNATION IS RECEIVED. DECISION OF MARCH 7, 1945, B-48070, 24 COMP. GEN. 659.

QUESTION NO. 3 IS ANSWERED IN THE AFFIRMATIVE AND QUESTION NO. 4 IN THE NEGATIVE.