B-97842, SEPTEMBER 22, 1950, 30 COMP. GEN. 116

B-97842, SEPTEMBER 22, 1950, 30 COMP. GEN. 116

LEAVES OF ABSENCE - ACCRUAL - PERIOD OF ANNUAL LEAVE PRIOR TO LEAVE WITHOUT PAY - RESTORATION TO PAY STATUS A TEMPORARY EMPLOYEE WHO, UPON EXHAUSTING HIS ANNUAL LEAVE, WAS PLACED IN A NON-PAY STATUS AND LATER RESTORED TO A PAY STATUS INCIDENT TO THE FURNISHING OF TRAVEL FROM HIS PLACE OF EMPLOYMENT TO HIS PLACE OF RESIDENCE MAY BE REGARDED AS RETURNED TO DUTY FOR SUCH PERIOD OF TRAVEL, WITHIN THE CONTEMPLATION OF SECTION 30.402 (A) OF THE ANNUAL AND SICK LEAVE REGULATIONS, SO AS TO BE ENTITLED TO CREDIT FOR LEAVE ACCRUED DURING THE PERIOD OF ANNUAL LEAVE.

COMPTROLLER GENERAL WARREN TO N. A. OLMSTEAD, DEPARTMENT OF AGRICULTURE, SEPTEMBER 22, 1950:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1, 1950, FILE T, REQUESTING A DECISION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF DR. TINY S. THOMPSON FOR AN AMOUNT CLAIMED AS LEAVE ON LEAVE FOR THE PERIOD OCTOBER 18 THROUGH NOVEMBER 17, 1949, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH.

IT APPEARS FROM THE INFORMATION CONTAINED IN YOUR LETTER THAT DR. THOMPSON'S ORIGINAL APPOINTMENT, EFFECTIVE OCTOBER 8, 1947, WAS TO TERMINATE NOT LATER THAN OCTOBER 7, 1948; THAT THEREAFTER THE SAID APPOINTMENT WAS EXTENDED FOR A PERIOD NOT LATER THAN OCTOBER 7, 1949, AND, FINALLY, THAT THE SAID APPOINTMENT AGAIN WAS EXTENDED TO TERMINATE AT A DATE NOT LATER THAN OCTOBER 7, 1950. IT IS STATED THAT DR. THOMPSON EARNED LEAVE AS A TEMPORARY EMPLOYEE AT THE RATE OF 2 1/2 DAYS PER MONTH AND THAT AT THE TIME HIS DUTY CEASED A MONTH OF SERVICE FOR LEAVE ACCRUAL PURPOSES COMMENCED ON THE 18TH DAY OF THE MONTH AND ENDED ON THE 17TH DAY OF THE SUCCEEDING MONTH. FURTHER, IT IT STATED THAT DR. THOMPSON'S LAST DAY OF ACTUAL WORK WAS OCTOBER 17, 1949; THAT HE WAS CARRIED IN AN ANNUAL LEAVE STATUS FROM OCTOBER 18 THROUGH ONE HOUR ON NOVEMBER 18, 1949, AT WHICH TIME THE ANNUAL LEAVE TO HIS CREDIT AS OF OCTOBER 17, 1949, WAS EXHAUSTED AND THAT THEREAFTER HE WAS CARRIED IN A LEAVE WITHOUT PAY STATUS UNTIL NOVEMBER 22, 1949, WHEN HE WAS RESTORED TO A PAY STATUS INCIDENT TO HIS BEING FURNISHED TRANSPORTATION FROM THE PLACE OF EMPLOYMENT IN MEXICO CITY, MEXICO, TO HIS RESIDENCE IN THE UNITED STATES, IN ACCORDANCE WITH THE AUTHORITY CONTAINED IN SECTION 7 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 808, 5 U.S.C. 73B-3.

YOUR DOUBT IN THE MATTER IS STATED TO BE WHETHER, UNDER THE CIRCUMSTANCES, THERE WAS A RETURN TO DUTY BY DR. THOMPSON WITHIN THE CONTEMPLATION OF SECTION 30.402 OF THE ANNUAL AND SICK LEAVE REGULATIONS, PART Z1-356, FEDERAL PERSONNEL MANUAL, SUCH AS WOULD JUSTIFY THE CONCLUSION THAT LEAVE ACCRUED TO HIS CREDIT DURING THE PERIOD ( OCTOBER 18 THROUGH NOVEMBER 17, 1949) HE WAS ON ANNUAL LEAVE FOLLOWING HIS LAST WORKDAY.

WHILE THE PRECISE CHARACTER OF DR. THOMPSON'S EMPLOYMENT DURING THE PERIOD IN QUESTION IS NOT ENTIRELY CLEAR FROM THE INFORMATION PRESENTED IN YOUR LETTER, IT IS ASSUMED FOR THE PURPOSES OF THIS DECISION THAT AT ALL TIMES DURING THE PERIOD IN QUESTION DR. THOMPSON'S EMPLOYMENT WAS TEMPORARY WITHIN THE MEANING OF THE SAID ANNUAL AND SICK LEAVE REGULATIONS.

SECTION 30.402 (A) OF THE SAID REGULATIONS IS AS FOLLOWS:

EFFECTIVE JULY 1, 1946, LEAVE SHALL ACCRUE TO AN EMPLOYEE WHILE IN A LEAVE-WITH-PAY STATUS, PROVIDED HE RETURNS TO DUTY, OR PROVIDED THAT FAILURE TO RETURN TO DUTY IS DUE TO DEATH, DISABILITY (EVIDENCE OF WHICH SHALL BE SUPPORTED BY AN ACCEPTABLE MEDICAL CERTIFICATE), RETIREMENT FOR DISABILITY, REDUCTION IN FORCE, OR TERMINATION BY DISPLACEMENT ORDER OF THE CIVIL SERVICE COMMISSION.

UNDER THE ABOVE-QUOTED REGULATIONS AN EMPLOYEE IS ENTITLED TO A CREDIT OF LEAVE ON LEAVE, PROVIDED THERE IS A RETURN TO DUTY. IN DR. THOMPSON'S CASE THERE WAS A BONA FIDE RETURN TO A DUTY AND PAY STATUS FOR THE PERIOD OF TIME CONSUMED IN RETURN TRAVEL FROM MEXICO CITY TO HIS PLACE OF RESIDENCE IN THE UNITED STATES. THE FACT THAT NO FURTHER DUTY WAS PERFORMED BY DR. THOMPSON AFTER SUCH PERIOD OF TRAVEL IS NOT SIGNIFICANT. THEREFORE, NO REASON IS APPARENT WHY HE SHOULD NOT BE REGARDED AS HAVING ACCRUED LEAVE AS A TEMPORARY EMPLOYEE--- IF THAT WERE HIS STATUS--- DURING THE LEAVE MONTH COMMENCING OCTOBER 18 AND ENDING NOVEMBER 17, 1949.

ACCORDINGLY, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.