B-26, JANUARY 7, 1939, 18 COMP. GEN. 596

B-26 Jan 07, 1939 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights 1936 - TEMPORARY APPOINTMENT EXTENSIONS TEMPORARY SERVICE FOR A PERIOD OF 6 MONTHS UNDER A 3 MONTHS' INITIAL APPOINTMENT WHICH IS EXTENDED WITHOUT BREAK IN SERVICE FOR ANOTHER 3 MONTHS UNDER AUTHORITY OF SECTION 2 OF RULE VIII OF THE CIVIL SERVICE LAWS AND REGULATIONS MAY BE REGARDED AS ONE TEMPORARY APPOINTMENT FOR LEAVE PURPOSES UNDER THE ANNUAL LEAVE ACT OF MARCH 14. IS AS FOLLOWS: REFERENCE IS MADE TO PREAUDIT DIFFERENCE STATEMENT OF NOVEMBER 2. IT IS NOTED THAT THE DISALLOWANCE IS BASED ON THE PREMISE THAT LEAVE CREDIT IS NOT TRANSFERABLE UPON THE TRANSFER OR REAPPOINTMENT OF AN EMPLOYEE IN A TEMPORARY STATUS. THIS DEPARTMENT CANNOT UNDERSTAND WHEREIN THIS IS APPLICABLE IN THIS CASE. View Decision B-26, JANUARY 7, 1939, 18 COMP. GEN. 596 LEAVES OF ABSENCE - ANNUAL - ACT, MARCH 14, 1936 - TEMPORARY APPOINTMENT EXTENSIONS TEMPORARY SERVICE FOR A PERIOD OF 6 MONTHS UNDER A 3 MONTHS' INITIAL APPOINTMENT WHICH IS EXTENDED WITHOUT BREAK IN SERVICE FOR ANOTHER 3 MONTHS UNDER AUTHORITY OF SECTION 2 OF RULE VIII OF THE CIVIL SERVICE LAWS AND REGULATIONS MAY BE REGARDED AS ONE TEMPORARY APPOINTMENT FOR LEAVE PURPOSES UNDER THE ANNUAL LEAVE ACT OF MARCH 14, 1936, 49 STAT. 1161, AND UNIFORM ANNUAL LEAVE REGULATIONS EFFECTIVE JANUARY 1, 1938, AND THE UNUSED LEAVE ACCRUED PRIOR TO THE EXTENSION MAY BE SUBSTITUTED FOR A PERIOD OF LEAVE WITHOUT PAY AFTER THE DATE OF THE EXTENSION. ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, JANUARY 7, 1939: YOUR LETTER OF DECEMBER 3, 1938, IS AS FOLLOWS: REFERENCE IS MADE TO PREAUDIT DIFFERENCE STATEMENT OF NOVEMBER 2, 1938, IN THE CASE OF RAYMOND J. ARTHUR, DISALLOWING PAY FOR APRIL 11, 12, 13, 14, 15, 16, AND 18 ( 4/8 D) COVERED BY ANNUAL LEAVE ACCRUED FROM JANUARY 10 TO APRIL 9, INCLUSIVE. IT IS NOTED THAT THE DISALLOWANCE IS BASED ON THE PREMISE THAT LEAVE CREDIT IS NOT TRANSFERABLE UPON THE TRANSFER OR REAPPOINTMENT OF AN EMPLOYEE IN A TEMPORARY STATUS. THIS DEPARTMENT CANNOT UNDERSTAND WHEREIN THIS IS APPLICABLE IN THIS CASE, AS MR. ARTHUR WAS NOT SEPARATED APRIL 9 AND REAPPOINTED APRIL 10 BUT, ON THE CONTRARY, HIS APPOINTMENT WAS EXTENDED FOR A PERIOD NOT TO EXCEED THREE MONTHS, EFFECTIVE APRIL 10, 1938, MAKING HIS APPOINTMENT RUN FROM JANUARY 10 TO JULY 9, INCLUSIVE. MR. ARTHUR WAS APPOINTED FROM A CERTIFICATE OF ELIGIBLES FURNISHED BY THE CIVIL SERVICE COMMISSION IN RESPONSE TO A REQUEST FOR ELIGIBLES UNDER SECTION 4 OF RULE VIII OF THE CIVIL SERVICE RULES. IT WAS SPECIFIED IN THE REQUISITION FOR ELIGIBLES THAT THE PROBABLE DURATION OF EMPLOYMENT WAS FIVE MONTHS AND, IN ACCORDANCE WITH SECTION 4, RULE VIII, ELIGIBLES WERE CERTIFIED FOR APPOINTMENT FOR A PERIOD NOT TO EXCEED THREE MONTHS WITH THE PRIVILEGE OF EXTENDING THE APPOINTMENT FOR A FURTHER PERIOD OF THREE MONTHS. AS FURTHER INDICATION THAT AN EXTENSION IS NOT CONSIDERED A NEW APPOINTMENT, NO OATH OF OFFICE IS REQUIRED IN THE CASE OF AN EXTENSION. IN VIEW OF THESE ADDITIONAL FACTS, IT IS REQUESTED THAT THIS CASE BE REVIEWED AND THIS DEPARTMENT ADVISED DEFINITELY WHETHER LEAVE CREDITS MAY BE CARRIED OVER WHEN AN EMPLOYEE IS SERVING UNDER AN EXTENSION OF A TEMPORARY APPOINTMENT. PREAUDIT DIFFERENCE STATEMENT OF NOVEMBER 2, 1938, AND SHORT FORM PAYROLL IN THE NAME OF RAYMOND J. ARTHUR ARE RETURNED HEREWITH. THE VOUCHER IN QUESTION PROPOSES PAYMENT OF $39.75 TO RAYMOND J. ARTHUR, ELECTRICIAN, NATIONAL PARK SERVICE, AT THE RATE OF $6 PER DIEM, COMPENSATION FOR 6 5/8 DAYS, THE FOLLOWING EXPLANATION APPEARING ON THE VOUCHER: PAY FOR APRIL 11, 12, 13, 14, 15, 16, 18 ( 4/8 D), JUNE 23 ( 1/8 D) ANNUAL LEAVE. THE ABOVE TIME WAS NOT PAID FOR ON PAGE 1, LINE 5, DISBURSING OFFICER'S VOUCHER NO. 1562404 PAID APRIL 20, 1938; PAGE 1, LINE 5, DISBURSING OFFICER'S VOUCHER NO. 1647763 PAID MAY 5, 1938, AND PAGE 1, LINE 11, DISBURSING OFFICER'S VOUCHER NO. 14273 PAID JULY 7, 1938. MR. ARTHUR WAS APPOINTED EFFECTIVE JANUARY 10, 1938, AS A TEMPORARY ELECTRICIAN AT $6.00 PER DIEM WHEN ACTUALLY EMPLOYED, FOR A PERIOD NOT TO EXCEED THREE MONTHS, AND EFFECTIVE APRIL 10, 1938, HIS APPOINTMENT WAS EXTENDED FOR THREE MONTHS. HE WORKED CONTINUOUSLY FROM JANUARY 10 TO APRIL 9, INCLUSIVE, FROM MAY 2 TO JUNE 23, 7/8 DAY, AND FROM JUNE 24 TO JULY 9, INCLUSIVE. HE WAS REAPPOINTED TO THE SAME POSITION AND UNDER THE SAME CONDITIONS, EFFECTIVE JULY 10. HE WAS NOT GRANTED ANY LEAVE DURING HIS FIRST APPOINTMENT BECAUSE, AT THAT TIME, IT WAS NOT KNOWN THAT THIS CLASS OF EMPLOYEES WAS ENTITLED TO ANNUAL LEAVE; SO, HE WAS CARRIED IN A NONPAY STATUS FROM APRIL 11 TO, AND INCLUDING, APRIL 30, AND ONE HOUR ON JUNE 23. AS MR.