B-131356, APRIL 17, 1957, 36 COMP. GEN. 722
Highlights
PROVIDES AS FOLLOWS: (E) WHERE AN OFFICER OR EMPLOYEE TO WHOM THE PROVISIONS OF SUBSECTION (D) ARE APPLICABLE. OR WHO IS IN THE FOREIGN SERVICE OF THE UNITED STATES UNDER THE DEPARTMENT OF STATE. WHOSE POST OF DUTY IS OUTSIDE THE SEVERAL STATES AND THE DISTRICT OF COLUMBIA RETURNS TO ANY SUCH STATE OR THE DISTRICT OF COLUMBIA ON LEAVE. HE POINTS OUT THAT IF THEY ARE REQUIRED TO COMPLETE A FULL 24 MONTHS' SERVICE AFTER RETURNING FROM THEIR LAST PERIOD OF LEAVE IT RESULTS IN EXTENDING THE TIME AT WHICH THEY WILL AGAIN BE ELIGIBLE SO THAT IT FALLS WITHIN A SUCCEEDING SCHOOL YEAR. ENTITLEMENT IS LIMITED TO ONE PERIOD OF FREE TRAVEL TIME IN ANY 24 -MONTH PERIOD. OUR VIEW IS THAT UNDER THE STATUTE AN OVERSEAS EMPLOYEE DOES NOT AGAIN ACQUIRE FREE TRAVEL TIME ELIGIBILITY INCIDENT TO THE LEAVE UNTIL AFTER THE EXPIRATION OF A 24-MONTH PERIOD FROM THE DATE OF HIS RETURN OVERSEAS AFTER A PERIOD OF SUCH LEAVE.
B-131356, APRIL 17, 1957, 36 COMP. GEN. 722
OVERSEAS EMPLOYEES - HOME LEAVE TRAVEL TIME - ELIGIBILITY AFTER 24-MONTH PERIOD OF OVERSEAS DUTY AN OVERSEAS EMPLOYEE WHO HAS BEEN GRANTED FREE TRAVEL TIME FOR HOME LEAVE PURSUANT TO SECTION 203 (E) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 5 U.S.C. 2062 (E), DOES NOT BECOME ELIGIBLE FOR THE NEXT FREE TRAVEL PERIOD INCIDENT TO LEAVE UNTIL AFTER EXPIRATION OF A 24-MONTH PERIOD FROM THE DATE OF HIS RETURN OVERSEAS.
TO THE SECRETARY OF DEFENSE, APRIL 17, 1957:
IN LETTER OF APRIL 1, 1957, THE ASSISTANT SECRETARY OF DEFENSE REQUESTS OUR DECISION ON THE INTERPRETATION OF THE PHRASE " THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY WITH RESPECT TO MORE THAN ONE PERIOD OF LEAVE IN ANY 24-MONTH PERIOD," CONTAINED IN SECTION 203 (E) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, PUBLIC LAW 233, 65 STAT. 680, 5 U.S.C. 2062 (E).
SECTION 203 (E) OF PUBLIC LAW 233, PROVIDES AS FOLLOWS:
(E) WHERE AN OFFICER OR EMPLOYEE TO WHOM THE PROVISIONS OF SUBSECTION (D) ARE APPLICABLE, OR WHO IS IN THE FOREIGN SERVICE OF THE UNITED STATES UNDER THE DEPARTMENT OF STATE, AND WHOSE POST OF DUTY IS OUTSIDE THE SEVERAL STATES AND THE DISTRICT OF COLUMBIA RETURNS TO ANY SUCH STATE OR THE DISTRICT OF COLUMBIA ON LEAVE, THE LEAVE GRANTED PURSUANT TO THIS ACT SHALL BE EXCLUSIVE OF THE TIME ACTUALLY AND NECESSARILY OCCUPIED IN GOING TO AND FROM HIS POST OF DUTY AND SUCH TIME AS MAY BE NECESSARILY OCCUPIED IN AWAITING SAILING OR FLIGHT. THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY WITH RESPECT TO MORE THAN ONE PERIOD OF LEAVE IN ANY 24-MONTH PERIOD. THE ASSISTANT SECRETARY SAYS THAT DEPARTMENT OF DEFENSE EMPLOYEES OVERSEAS WITH DEPENDENTS USUALLY ATTEMPT TO SCHEDULE THEIR LEAVE DURING THE SCHOOL RECESS PERIOD. HE POINTS OUT THAT IF THEY ARE REQUIRED TO COMPLETE A FULL 24 MONTHS' SERVICE AFTER RETURNING FROM THEIR LAST PERIOD OF LEAVE IT RESULTS IN EXTENDING THE TIME AT WHICH THEY WILL AGAIN BE ELIGIBLE SO THAT IT FALLS WITHIN A SUCCEEDING SCHOOL YEAR.
SECTION 203 (E) AUTHORIZES ROUND-TRIP TRAVEL TIME WITHOUT CHARGE TO THEIR LEAVE ACCOUNTS FOR EMPLOYEES OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES RETURNING TO THE UNITED STATES OR THE DISTRICT OF COLUMBIA ON LEAVE. ENTITLEMENT IS LIMITED TO ONE PERIOD OF FREE TRAVEL TIME IN ANY 24 -MONTH PERIOD. OUR VIEW IS THAT UNDER THE STATUTE AN OVERSEAS EMPLOYEE DOES NOT AGAIN ACQUIRE FREE TRAVEL TIME ELIGIBILITY INCIDENT TO THE LEAVE UNTIL AFTER THE EXPIRATION OF A 24-MONTH PERIOD FROM THE DATE OF HIS RETURN OVERSEAS AFTER A PERIOD OF SUCH LEAVE.