entitled to the leave of absence authorized to employees of navy yards and naval stations by the act of August 29, 1916, 39 Stat. G17, irrespective of whether their employment is er is not to be continued after such leave would have expired. 3 Comp. Gen. 382, affirmed.
Comptroller General McCarl to the Secretary of the Navy, July 5, 1924:
I have your letter of May 13, 1924, requesting decision of a number of questions relative to leive of absence of employees of navy yards and naval stations, as follows:
Are employees serving under temporary appointments for a period of twelve consecutive months or more entitled to accrued leave with pay if they are continued in employment after expiration of such leave?
Are employees serving under temporary appointments for a period of twelve consecutive months or more entitled to accrued leave with pay if they are not continued in employment after expiration of such leave?
Are employees serving under a number of temporary appointments aggregating twelve consecutive months or more entitled to accrued ieave with pay?
Are employees serving under temporary appointments, who are subsequently permanently appointed without break in the continuity of service, entitled to accrued leave with pay from the date of their temporary appointment after twelve consecutive months of service in both temporary and permanent status?
Are shop employees serving under permanent appointments who are given temporary appointments in office ratings and later permanent appointments as such or, after termination of temporary appointments as office employees, returned to their shops in a permanent status, entitled to accrued leave with pay at the expiration of twelve consecutive months' service?
What is the meaning of the words "permanent" and "temporary" as used in the decision of the comptroller of December 19, 1923? The word "permanent" above quoted is construed by the department in accordance with the rules of the Civil Service Commission to mean "probational" or absolute Probational appointments are made as a result of certification of eligibles from registers established as a result of examination. Such appointments become absolute upon completion of the established probationary period, provided the incumbent is not separated on or before the expiration of the probationary period on account of being unsatisfactory.
The word "temporary" is understood to refer to those employees who have not yet attained a probational statue—who have not established qualifications for eligibility in accordance with the regulations governing the employment of labor at navy yards, or who have filed applications which have not been graded and have been appointed temporarily in the absence of qualified eligibles or in the case of employees of the clerical, drafting, and technical forces, etc., those employees appointed under Sections 1, 2, 5, and 4 of Rule VIII of the civil service rules.
The act of August 29, 1916, 39 Stat. 617, provides for leave of absence of employees of navy yards and naval stations as follows:
* * * That each and every employee of the navy yards, gun factories, naval stations, and arsenals of the United States Government is hereby granted thirty days' leave of absence each year, without forfeiture of pay during such leave: Provided further, That it shall be lawful to allow pro rata leave only to those serving twelve consecutive months or more: And provided further, That in all cases the heads of divisions shall have discretion as to the time when the leave can best be allowed: And provided further, That not more than thirty days' leave with pay shall be allowed any such employee in one year: * * *.
In decision of December 19, 1923, 3 Comp, Gen. 382, it was said:
The context of the enactment limits its application to those who are in service over one year and thus contemplates permanent appointments of indefinite duration, so that they can accumulate the leave as provided by the act. It negatives application thereof to one temporarily employed. It is apparently inconsistent with temporary employment to grant prolonged leave.
